II 

Calendar No. 144 

110TH CONGRESS 

1ST SESSION S. 1348 

To provide for comprehensive immigration reform and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2007 

Mr. REID (for himself, Mr. LEAHY, Mr. KENNEDY, Mr. MENENDEZ, and Mr. 

SALAZAR) introduced the following bill; which was read the first time 

MAY 10, 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. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Comprehensive Immigration Reform Act of 2007’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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


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Sec. 3. Definitions. 

Sec. 4. Severability. 

TITLE I—BORDER ENFORCEMENT 

Subtitle A—Assets for Controlling United States Borders 

Sec. 101. Enforcement personnel. 

Sec. 102. Technological assets. 

Sec. 103. Infrastructure. 

Sec. 104. Border Patrol checkpoints. 

Sec. 105. Ports of entry. 

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

Subtitle B—Border Security Plans, Strategies, and Reports 

Sec. 111. Surveillance plan. 

Sec. 112. National Strategy for Border Security. 

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

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

Sec. 115. Combating human smuggling. 

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

Sec. 117. Cooperation with the Government of Mexico. 

Subtitle C—Other Border Security Initiatives 

Sec. 121. Biometric data enhancements. 

Sec. 122. Secure communication. 

Sec. 123. Border Patrol training capacity review. 

Sec. 124. US–VISIT System. 

Sec. 125. Document fraud detection. 

Sec. 126. Improved document integrity. 

Sec. 127. Cancellation of visas. 

Sec. 128. Biometric entry-exit system. 

Sec. 129. Border study. 

Sec. 130. Secure Border Initiative financial accountability. 

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

entry. 

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

Sec. 133. Temporary National Guard support for securing the southern land 

border of the United States. 

Sec. 134. Report on incentives to encourage certain members and former members of the Armed Forces to serve in United States Customs 

and Border Protection. 

Sec. 135. Western Hemisphere Travel Initiative. 

Subtitle D—Border Law Enforcement Relief Act 

Sec. 141. Short title. 

Sec. 142. Findings. 

Sec. 143. Border relief grant program. 

Sec. 144. Enforcement of Federal immigration law. 

Subtitle E—Rapid Response Measures 

Sec. 151. Deployment of Border Patrol agents. 


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Sec. 152. Border Patrol major assets. 

Sec. 153. Electronic equipment. 

Sec. 154. Personal equipment. 

Sec. 155. Authorization of appropriations. 

TITLE II—INTERIOR ENFORCEMENT 

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

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

Sec. 203. Aggravated felony. 

Sec. 204. Terrorist bars. 

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

alien smuggling. 

Sec. 206. Illegal entry. 

Sec. 207. Illegal reentry. 

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

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

Sec. 210. Incarceration of criminal aliens. 

Sec. 211. Encouraging aliens to depart voluntarily. 

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

States unlawfully. 

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

by certain aliens. 

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

and peonage offenses. 

Sec. 215. Diplomatic Security Service. 

Sec. 216. Field agent allocation and background checks. 

Sec. 217. Construction. 

Sec. 218. State Criminal Alien Assistance Program. 

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

and local law enforcement officers. 

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

Sec. 221. Alternatives to detention. 

Sec. 222. Conforming amendment. 

Sec. 223. Reporting requirements. 

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

Sec. 225. Removal of drunk drivers. 

Sec. 226. Medical services in underserved areas. 

Sec. 227. Expedited removal. 

Sec. 228. Protecting immigrants from convicted sex offenders. 

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

transfer to Federal custody. 

Sec. 230. Laundering of monetary instruments. 

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

Center database. 

Sec. 232. Cooperative enforcement programs. 

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

identified for closures as a result of the Defense Base Closure 

Realignment Act of 1990. 

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

Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System. 

TITLE III—UNLAWFUL EMPLOYMENT OF ALIENS 


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Sec. 301. Unlawful employment of aliens. 

Sec. 302. Employer Compliance Fund. 

Sec. 303. Additional worksite enforcement and fraud detection agents. 

Sec. 304. Clarification of ineligibility for misrepresentation. 

Sec. 305. Antidiscrimination protections. 

TITLE IV—NONIMMIGRANT AND IMMIGRANT VISA REFORM 

Subtitle A—Temporary Guest Workers 

Sec. 401. Immigration impact study. 

Sec. 402. Nonimmigrant temporary worker. 

Sec. 403. Admission of nonimmigrant temporary guest workers. 

Sec. 404. Employer obligations. 

Sec. 405. Alien employment management system. 

Sec. 406. Rulemaking; effective date. 

Sec. 407. Recruitment of United States workers. 

Sec. 408. Temporary Guest Worker Visa Program Task Force. 

Sec. 409. Requirements for participating countries. 

Sec. 410. S visas. 

Sec. 411. L visa limitations. 

Sec. 412. Compliance investigators. 

Sec. 413. Visa waiver program expansion. 

Sec. 414. Authorization of appropriations. 

Subtitle B—Immigration Injunction Reform 

Sec. 421. Short title. 

Sec. 422. Appropriate remedies for immigration legislation. 

Sec. 423. Effective date. 

TITLE V—BACKLOG REDUCTION 

Subtitle A—Backlog Reduction 

Sec. 501. Elimination of existing backlogs. 

Sec. 502. Country limits. 

Sec. 503. Allocation of immigrant visas. 

Sec. 504. Relief for minor children and widows. 

Sec. 505. Shortage occupations. 

Sec. 506. Relief for widows and orphans. 

Sec. 507. Student visas. 

Sec. 508. Visas for individuals with advanced degrees. 

Sec. 509. Children of Filipino World War II veterans. 

Sec. 510. Expedited adjudication of employer petitions for aliens of extraordinary artistic ability. 

Sec. 511. Powerline workers. 

Sec. 512. Determinations with respect to children under the Haitian Refugee 

Immigration Fairness Act of 1998. 

Subtitle B—SKIL Act of 2007 

Sec. 521. Short title. 

Sec. 522. H–1B visa holders. 

Sec. 523. Market-based visa limits. 

Sec. 524. United States educated immigrants. 

Sec. 525. Student visa reform. 


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Sec. 526. L–1 visa holders subject to visa backlog. 

Sec. 527. Retaining workers subject to green card backlog. 

Sec. 528. Streamlining the adjudication process for established employers. 

Sec. 529. Providing premium processing of employment-based visa petitions. 

Sec. 530. Eliminating procedural delays in labor certification process. 

Sec. 531. Completion of background and security checks. 

Sec. 532. Visa revalidation. 

Subtitle C—Preservation of Immigration Benefits for Hurricane Katrina 

Victims 

Sec. 541. Short title. 

Sec. 542. Definitions. 

Sec. 543. Special immigrant status. 

Sec. 544. Extension of filing or reentry deadlines. 

Sec. 545. Humanitarian relief for certain surviving spouses and children. 

Sec. 546. Recipient of public benefits. 

Sec. 547. Age-out protection. 

Sec. 548. Employment eligibility verification. 

Sec. 549. Naturalization. 

Sec. 550. Discretionary authority. 

Sec. 551. Evidentiary standards and regulations. 

Sec. 552. Identification documents. 

Sec. 553. Waiver of regulations. 

Sec. 554. Notices of change of address. 

Sec. 555. Foreign students and exchange program participants. 

TITLE VI—WORK AUTHORIZATION AND LEGALIZATION OF 

UNDOCUMENTED INDIVIDUALS 

Subtitle A—Access to Earned Adjustment and Mandatory Departure and 

Reentry 

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

Subtitle B—Agricultural Job Opportunities, Benefits, and Security 

Sec. 611. Short title. 

Sec. 612. Definitions. 

CHAPTER 1—PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF

AGRICULTURAL WORKERS

Sec. 613. Agricultural workers. 

Sec. 614. Correction of Social Security records. 

CHAPTER 2—REFORM OF H–2A WORKER PROGRAM

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

CHAPTER 3—MISCELLANEOUS PROVISIONS

Sec. 616. Determination and use of user fees. 

Sec. 617. Regulations. 

Sec. 618. Report to Congress. 

Sec. 619. Effective date. 

Subtitle C—DREAM Act of 2007 


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Sec. 621. Short title. 

Sec. 622. Definitions. 

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

higher education benefits. 

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

residents who entered the United States as children. 

Sec. 625. Conditional permanent resident status. 

Sec. 626. Retroactive benefits. 

Sec. 627. Exclusive jurisdiction. 

Sec. 628. Penalties for false statements in application. 

Sec. 629. Confidentiality of information. 

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

Sec. 631. Higher Education assistance. 

Sec. 632. GAO report. 

Subtitle D—Programs To Assist Nonimmigrant Workers 

Sec. 641. Ineligibility and removal before application period. 

Sec. 642. Grants to support public education and community training. 

Sec. 643. Strengthening American citizenship. 

Sec. 644. Supplemental immigration fee. 

Sec. 645. Addressing poverty in Mexico. 

TITLE VII—MISCELLANEOUS 

Subtitle A—Immigration Litigation Reduction 

CHAPTER 1—APPEALS AND REVIEW

Sec. 701. Additional immigration personnel. 

CHAPTER 2—IMMIGRATION REVIEW REFORM

Sec. 702. Board of Immigration Appeals. 

Sec. 703. Immigration judges. 

Sec. 704. Removal and review of judges. 

Sec. 705. Legal orientation program. 

Sec. 706. Rulemaking. 

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

Sec. 708. Senior judge participation in the selection of magistrates. 

Subtitle B—Citizenship Assistance for Members of the Armed Services 

Sec. 711. Short title. 

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

Forces. 

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

Forces. 

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

Sec. 715. Reports. 

Subtitle C—State Court Interpreter Grant Program 

Sec. 721. Short title. 

Sec. 722. Findings. 

Sec. 723. State court interpreter grants. 

Sec. 724. Authorization of appropriations. 


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Subtitle D—Border Infrastructure and Technology Modernization 

Sec. 731. Short title. 

Sec. 732. Definitions. 

Sec. 733. Port of Entry Infrastructure Assessment Study. 

Sec. 734. National Land Border Security Plan. 

Sec. 735. Expansion of commerce security programs. 

Sec. 736. Port of entry technology demonstration program. 

Sec. 737. Authorization of appropriations. 

Subtitle E—Family Humanitarian Relief 

Sec. 741. Short title. 

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

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

Sec. 744. Exceptions. 

Sec. 745. Evidence of death. 

Sec. 746. Definitions. 

Subtitle F—Other Matters 

Sec. 751. Noncitizen membership in the Armed Forces. 

Sec. 752. Surveillance technologies programs. 

Sec. 753. Comprehensive immigration efficiency review. 

Sec. 754. Northern Border Prosecution Initiative. 

Sec. 755. Southwest Border Prosecution Initiative. 

Sec. 756. Grant program to assist eligible applicants. 

Sec. 757. Screening of municipal solid waste. 

Sec. 758. Access to immigration services in areas that are not accessible by 

road. 

Sec. 759. Border security on certain Federal land. 

Sec. 760. Unmanned aerial vehicles. 

Sec. 761. Relief for widows and orphans. 

Sec. 762. Terrorist activities. 

Sec. 763. Family unity. 

Sec. 764. Travel document plan. 

Sec. 765. English as national language. 

Sec. 766. Requirements for naturalization. 

Sec. 767. Declaration of English. 

Sec. 768. Preserving and enhancing the role of the English language. 

Sec. 769. Exclusion of illegal aliens from congressional apportionment tabulations. 

Sec. 770. Office of Internal Corruption Investigation. 

Sec. 771. Adjustment of status for certain persecuted religious minorities. 

Sec. 772. Eligibility of agricultural and forestry workers for certain legal assistance. 

Sec. 773. Designation of program countries. 

Sec. 774. Global healthcare cooperation. 

Sec. 775. Attestation by healthcare workers. 

Sec. 776. Public access to the Statue of Liberty. 

Sec. 777. National security determination. 

TITLE VIII—INTERCOUNTRY ADOPTION REFORM 

Sec. 801. Short title. 

Sec. 802. Findings; purposes. 

Sec. 803. Definitions. 


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Subtitle A—Administration of Intercountry Adoptions 

Sec. 811. Office of Intercountry Adoptions. 

Sec. 812. Recognition of convention adoptions in the United States. 

Sec. 813. Technical and conforming amendment. 

Sec. 814. Transfer of functions. 

Sec. 815. Transfer of resources. 

Sec. 816. Incidental transfers. 

Sec. 817. Savings provisions. 

Subtitle B—Reform of United States Laws Governing Intercountry Adoptions 

Sec. 821. Automatic acquisition of citizenship for adopted children born outside 

the United States. 

Sec. 822. Revised procedures. 

Sec. 823. Nonimmigrant visas for children traveling to the United States to be 

adopted by a United States citizen. 

Sec. 824. Definition of adoptable child. 

Sec. 825. Approval to adopt. 

Sec. 826. Adjudication of child status. 

Sec. 827. Funds. 

Subtitle C—Enforcement 

Sec. 831. Civil penalties and enforcement. 

Sec. 832. Criminal penalties. 

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

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

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

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

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) DEPARTMENT.—Except as otherwise pro12 vided, the term ‘‘Department’’ means the Depart13 ment of Homeland Security. 


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

2 the term ‘‘Secretary’’ means the Secretary of Home3 land Security. 

4 SEC. 4. SEVERABILITY. 

5 If any provision of this Act, any amendment made 

6 by this Act, or the application of such provision or amend7 ment to any person or circumstance is held to be invalid 

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

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

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

11 affected by such holding. 

12 TITLE I—BORDER 

13 ENFORCEMENT 

14 Subtitle A—Assets for Controlling 

15 United States Borders 

16 SEC. 101. ENFORCEMENT PERSONNEL. 

17 (a) ADDITIONAL PERSONNEL.— 

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

19 the fiscal years 2008 through 2012, the Secretary 

20 shall, subject to the availability of appropriations, in21 crease by not less than 500 the number of positions 

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

23 provide appropriate training, equipment, and sup24 port to such additional inspectors. 

25 (2) INVESTIGATIVE PERSONNEL.— 


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1 (A) IMMIGRATION AND CUSTOMS EN2 FORCEMENT INVESTIGATORS.—Section 5203 of 

3 the Intelligence Reform and Terrorism Preven4 tion Act of 2004 (Public Law 108–458; 118 

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

6 inserting ‘‘1000’’. 

7 (B) ADDITIONAL PERSONNEL.—In addi8 tion to the positions authorized under section 

9 5203 of the Intelligence Reform and Terrorism 

10 Prevention Act of 2004, as amended by sub11 paragraph (A), during each of the fiscal years 

12 2008 through 2012, the Secretary shall, subject 

13 to the availability of appropriations, increase by 

14 not less than 200 the number of positions for 

15 personnel within the Department assigned to 

16 investigate alien smuggling. 

17 (3) DEPUTY UNITED STATES MARSHALS.—In 

18 each of the fiscal years 2008 through 2012, the At19 torney General shall, subject to the availability of 

20 appropriations, increase by not less than 50 the 

21 number of positions for full-time active duty Deputy 

22 United States Marshals that investigate criminal 

23 matters related to immigration. 

24 (4) RECRUITMENT OF FORMER MILITARY PER25 SONNEL.— 


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1 (A) IN GENERAL.—The Commissioner of 

2 United States Customs and Border Protection, 

3 in conjunction with the Secretary of Defense or 

4 a designee of the Secretary of Defense, shall es5 tablish a program to actively recruit members 

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

7 and Coast Guard who have elected to separate 

8 from active duty. 

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

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

11 Commissioner shall submit a report on the im12 plementation of the recruitment program estab13 lished pursuant to subparagraph (A) to the 

14 Committee on the Judiciary of the Senate and 

15 the Committee on the Judiciary of the House of 

16 Representatives. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.— 

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

19 authorized to be appropriated to the Secretary such 

20 sums as may be necessary for each of the fiscal 

21 years 2008 through 2012 to carry out paragraph (1) 

22 of subsection (a). 

23 (2) DEPUTY UNITED STATES MARSHALS.— 

24 There are authorized to be appropriated to the At25 torney General such sums as may be necessary for 


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1 each of the fiscal years 2008 through 2012 to carry 

2 out subsection (a)(3). 

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

4 the Intelligence Reform and Terrorism Prevention 

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

6 follows: 

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

8 AGENTS. 

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

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

13 Department of Homeland Security (above the number of 

14 such positions for which funds were appropriated for the 

15 preceding fiscal year), by— 

16 ‘‘(1) 2,000 in fiscal year 2008; 

17 ‘‘(2) 2,400 in fiscal year 2009; 

18 ‘‘(3) 2,400 in fiscal year 2010; 

19 ‘‘(4) 2,400 in fiscal year 2011; and 

20 ‘‘(5) 2,400 in fiscal year 2012. 

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

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

23 agents assigned along the northern border of the United 

24 States during the previous fiscal year, the Secretary shall 

25 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 SEC. 102. TECHNOLOGICAL ASSETS. 

8 (a) ACQUISITION.—Subject to the availability of ap9 propriations, the Secretary shall procure additional un10 manned aerial vehicles, cameras, poles, sensors, and other 

11 technologies necessary to achieve operational control of the 

12 international borders of the United States and to establish 

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

14 international borders to provide a barrier to illegal immi15 gration. 

16 (b) INCREASED AVAILABILITY OF EQUIPMENT.—The 

17 Secretary and the Secretary of Defense shall develop and 

18 implement a plan to use authorities provided to the Sec19 retary of Defense under chapter 18 of title 10, United 

20 States Code, to increase the availability and use of Depart21 ment of Defense equipment, including unmanned aerial 

22 vehicles, tethered aerostat radars, and other surveillance 

23 equipment, to assist the Secretary in carrying out surveil24 lance activities conducted at or near the international land 


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

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

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

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

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

9 in carrying out surveillance of the international land 

10 borders of the United States and assessment of the 

11 risks to citizens of the United States and foreign 

12 policy interests associated with the use of such 

13 equipment; 

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

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

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

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

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary such 

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

24 through 2012 to carry out subsection (a). 


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1 (e) UNMANNED AERIAL VEHICLE PILOT PRO2 GRAM.—During the 1-year period beginning on the date 

3 on which the report is submitted under subsection (c), the 

4 Secretary shall conduct a pilot program to test unmanned 

5 aerial vehicles for border surveillance along the inter6 national border between Canada and the United States. 

7 (f) CONSTRUCTION.—Nothing in this section may be 

8 construed as altering or amending the prohibition on the 

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

10 comitatus under section 1385 of title 18, United States 

11 Code. 

12 SEC. 103. INFRASTRUCTURE. 

13 (a) CONSTRUCTION OF BORDER CONTROL FACILI14 TIES.—Subject to the availability of appropriations, the 

15 Secretary shall construct all-weather roads and acquire 

16 additional vehicle barriers and facilities necessary to 

17 achieve operational control of the international borders of 

18 the United States. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary such 

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

22 through 2012 to carry out subsection (a). 

23 SEC. 104. BORDER PATROL CHECKPOINTS. 

24 The Secretary may maintain temporary or permanent 

25 checkpoints on roadways in border patrol sectors that are 


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1 located in proximity to the international border between 

2 the United States and Mexico. 

3 SEC. 105. PORTS OF ENTRY. 

4 The Secretary is authorized to— 

5 (1) construct additional ports of entry along the 

6 international land borders of the United States, at 

7 locations to be determined by the Secretary; and 

8 (2) make necessary improvements to the ports 

9 of entry in existence on the date of the enactment 

10 of this Act. 

11 SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENC12 ING AND VEHICLE BARRIERS. 

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

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

15 primary fencing in the Tucson Sector located proxi16 mate to population centers in Douglas, Nogales, 

17 Naco, and Lukeville, Arizona with double- or triple18 layered fencing running parallel to the international 

19 border between the United States and Mexico; 

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

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

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

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

24 10 miles; and 


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

2 barriers and all-weather roads in the Tucson Sector 

3 running parallel to the international border between 

4 the United States and Mexico in areas that are 

5 known transit points for illegal cross-border traffic. 

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

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

8 primary fencing in the Yuma Sector located proxi9 mate to population centers in Yuma, Somerton, and 

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

11 fencing running parallel to the international border 

12 between the United States and Mexico; 

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

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

15 areas in the Yuma Sector; and 

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

17 barriers and all-weather roads in the Yuma Sector 

18 running parallel to the international border between 

19 the United States and Mexico in areas that are 

20 known transit points for illegal cross-border traffic. 

21 (c) OTHER HIGH TRAFFICKED AREAS.—The Sec22 retary shall construct not less than 370 miles of triple23 layered fencing which may include portions already con24 structed in San Diego Tucson and Yuma Sectors, and 500 

25 miles of vehicle barriers in other areas along the southwest 


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1 border that the Secretary determines are areas that are 

2 most often used by smugglers and illegal aliens attempting 

3 to gain illegal entry into the United States. 

4 (d) CONSTRUCTION DEADLINE.—The Secretary shall 

5 immediately commence construction of the fencing, bar6 riers, and roads described in subsections (a), (b), and (c) 

7 and shall complete such construction not later than 2 

8 years after the date of the enactment of this Act. 

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

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

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

12 and the Committee on the Judiciary of the House of Rep13 resentatives that describes the progress that has been 

14 made in constructing the fencing, barriers, and roads de15 scribed in subsections (a), (b), and (c). 

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 Subtitle B—Border Security Plans, 

20 Strategies, and Reports 

21 SEC. 111. SURVEILLANCE PLAN. 

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

23 develop a comprehensive plan for the systematic surveil24 lance of the international land and maritime borders of 

25 the United States. 


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

2 shall include the following: 

3 (1) An assessment of existing technologies em4 ployed on the international land and maritime bor5 ders of the United States. 

6 (2) A description of the compatibility of new 

7 surveillance technologies with surveillance tech8 nologies in use by the Secretary on the date of the 

9 enactment of this Act. 

10 (3) A description of how the Commissioner of 

11 the United States Customs and Border Protection of 

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

13 with the Under Secretary for Science and Tech14 nology of the Department to identify and test sur15 veillance technology. 

16 (4) A description of the specific surveillance 

17 technology to be deployed. 

18 (5) Identification of any obstacles that may im19 pede such deployment. 

20 (6) A detailed estimate of all costs associated 

21 with such deployment and with continued mainte22 nance of such technologies. 

23 (7) A description of how the Secretary is work24 ing with the Administrator of the Federal Aviation 


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1 Administration on safety and airspace control issues 

2 associated with the use of unmanned aerial vehicles. 

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

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

5 Secretary shall submit to Congress the plan required by 

6 this section. 

7 SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY. 

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

9 in consultation with the heads of other appropriate Fed10 eral agencies, shall develop a National Strategy for Border 

11 Security that describes actions to be carried out to achieve 

12 operational control over all ports of entry into the United 

13 States and the international land and maritime borders 

14 of the United States. 

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

16 Security shall include the following: 

17 (1) The implementation schedule for the com18 prehensive plan for systematic surveillance described 

19 in section 111. 

20 (2) An assessment of the threat posed by ter21 rorists and terrorist groups that may try to infiltrate 

22 the United States at locations along the inter23 national land and maritime borders of the United 

24 States. 


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1 (3) A risk assessment for all United States 

2 ports of entry and all portions of the international 

3 land and maritime borders of the United States that 

4 includes a description of activities being under5 taken— 

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

7 unlawful aliens, instruments of terrorism, nar8 cotics, and other contraband into the United 

9 States; and 

10 (B) to protect critical infrastructure at or 

11 near such ports of entry or borders. 

12 (4) An assessment of the legal requirements 

13 that prevent achieving and maintaining operational 

14 control over the entire international land and mari15 time borders of the United States. 

16 (5) An assessment of the most appropriate, 

17 practical, and cost-effective means of defending the 

18 international land and maritime borders of the 

19 United States against threats to security and illegal 

20 transit, including intelligence capacities, technology, 

21 equipment, personnel, and training needed to ad22 dress security vulnerabilities. 

23 (6) An assessment of staffing needs for all bor24 der security functions, taking into account threat 

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1 ders and the impact of new security programs, poli2 cies, and technologies. 

3 (7) A description of the border security roles 

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

5 tribal authorities, and recommendations regarding 

6 actions the Secretary can carry out to improve co7 ordination with such authorities to enable border se8 curity and enforcement activities to be carried out in 

9 a more efficient and effective manner. 

10 (8) An assessment of existing efforts and tech11 nologies used for border security and the effect of 

12 the use of such efforts and technologies on civil 

13 rights, personal property rights, privacy rights, and 

14 civil liberties, including an assessment of efforts to 

15 take into account asylum seekers, trafficking vic16 tims, unaccompanied minor aliens, and other vulner17 able populations. 

18 (9) A prioritized list of research and develop19 ment objectives to enhance the security of the inter20 national land and maritime borders of the United 

21 States. 

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

23 free flow of travel and commerce is not diminished 

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1 ing the international land and maritime borders of 

2 the United States. 

3 (11) An assessment of additional detention fa4 cilities and beds that are needed to detain unlawful 

5 aliens apprehended at United States ports of entry 

6 or along the international land borders of the United 

7 States. 

8 (12) A description of the performance metrics 

9 to be used to ensure accountability by the bureaus 

10 of the Department in implementing such Strategy. 

11 (13) A schedule for the implementation of the 

12 security measures described in such Strategy, includ13 ing a prioritization of security measures, realistic 

14 deadlines for addressing the security and enforce15 ment needs, an estimate of the resources needed to 

16 carry out such measures, and a description of how 

17 such resources should be allocated. 

18 (c) CONSULTATION.—In developing the National 

19 Strategy for Border Security, the Secretary shall consult 

20 with representatives of— 

21 (1) State, local, and tribal authorities with re22 sponsibility for locations along the international land 

23 and maritime borders of the United States; and 

24 (2) appropriate private sector entities, non25 governmental organizations, and affected commuVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 nities that have expertise in areas related to border 

2 security. 

3 (d) COORDINATION.—The National Strategy for Bor4 der Security shall be consistent with the National Strategy 

5 for Maritime Security developed pursuant to Homeland 

6 Security Presidential Directive 13, dated December 21, 

7 2004. 

8 (e) SUBMISSION TO CONGRESS.— 

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

10 date of the enactment of this Act, the Secretary 

11 shall submit to Congress the National Strategy for 

12 Border Security. 

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

14 Congress any update of such Strategy that the Sec15 retary determines is necessary, not later than 30 

16 days after such update is developed. 

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

18 section 111 may be construed to relieve the Secretary of 

19 the responsibility to take all actions necessary and appro20 priate to achieve and maintain operational control over the 

21 entire international land and maritime borders of the 

22 United States. 


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1 SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF IN2 FORMATION ON NORTH AMERICAN SECU3 RITY. 

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

5 year after the date of the enactment of this Act, and annu6 ally thereafter, the Secretary of State, in coordination with 

7 the Secretary and the heads of other appropriate Federal 

8 agencies, shall submit to Congress a report on improving 

9 the exchange of information related to the security of 

10 North America. 

11 (b) CONTENTS.—Each report submitted under sub12 section (a) shall contain a description of the following: 

13 (1) SECURITY CLEARANCES AND DOCUMENT IN14 TEGRITY.—The progress made toward the develop15 ment of common enrollment, security, technical, and 

16 biometric standards for the issuance, authentication, 

17 validation, and repudiation of secure documents, in18 cluding— 

19 (A) technical and biometric standards 

20 based on best practices and consistent with 

21 international standards for the issuance, au22 thentication, validation, and repudiation of trav23 el documents, including— 

24 (i) passports; 

25 (ii) visas; and 

26 (iii) permanent resident cards; 


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1 (B) working with Canada and Mexico to 

2 encourage foreign governments to enact laws to 

3 combat alien smuggling and trafficking, and 

4 laws to forbid the use and manufacture of 

5 fraudulent travel documents and to promote in6 formation sharing; 

7 (C) applying the necessary pressures and 

8 support to ensure that other countries meet 

9 proper travel document standards and are com10 mitted to travel document verification before 

11 the citizens of such countries travel internation12 ally, including travel by such citizens to the 

13 United States; and 

14 (D) providing technical assistance for the 

15 development and maintenance of a national 

16 database built upon identified best practices for 

17 biometrics associated with visa and travel docu18 ments. 

19 (2) IMMIGRATION AND VISA MANAGEMENT.— 

20 The progress of efforts to share information regard21 ing high-risk individuals who may attempt to enter 

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

23 progress made— 

24 (A) in implementing the Statement of Mu25 tual Understanding on Information Sharing, 


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1 signed by Canada and the United States in 

2 February 2003; and 

3 (B) in identifying trends related to immi4 gration fraud, including asylum and document 

5 fraud, and to analyze such trends. 

6 (3) VISA POLICY COORDINATION AND IMMIGRA7 TION SECURITY.—The progress made by Canada, 

8 Mexico, and the United States to enhance the secu9 rity of North America by cooperating on visa policy 

10 and identifying best practices regarding immigration 

11 security, including the progress made— 

12 (A) in enhancing consultation among offi13 cials who issue visas at the consulates or em14 bassies of Canada, Mexico, or the United States 

15 throughout the world to share information, 

16 trends, and best practices on visa flows; 

17 (B) in comparing the procedures and poli18 cies of Canada and the United States related to 

19 visitor visa processing, including— 

20 (i) application process; 

21 (ii) interview policy; 

22 (iii) general screening procedures; 

23 (iv) visa validity; 

24 (v) quality control measures; and 

25 (vi) access to appeal or review; 


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1 (C) in exploring methods for Canada, Mex2 ico, and the United States to waive visa re3 quirements for nationals and citizens of the 

4 same foreign countries; 

5 (D) in providing technical assistance for 

6 the development and maintenance of a national 

7 database built upon identified best practices for 

8 biometrics associated with immigration viola9 tors; 

10 (E) in developing and implementing an im11 migration security strategy for North America 

12 that works toward the development of a com13 mon security perimeter by enhancing technical 

14 assistance for programs and systems to support 

15 advance automated reporting and risk targeting 

16 of international passengers; 

17 (F) in sharing information on lost and sto18 len passports on a real-time basis among immi19 gration or law enforcement officials of Canada, 

20 Mexico, and the United States; and 

21 (G) in collecting 10 fingerprints from each 

22 individual who applies for a visa. 

23 (4) NORTH AMERICAN VISITOR OVERSTAY PRO24 GRAM.—The progress made by Canada and the 

25 United States in implementing parallel entry-exit 


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1 tracking systems that, while respecting the privacy 

2 laws of both countries, share information regarding 

3 third country nationals who have overstayed their 

4 period of authorized admission in either Canada or 

5 the United States. 

6 (5) TERRORIST WATCH LISTS.—The progress 

7 made in enhancing the capacity of the United States 

8 to combat terrorism through the coordination of 

9 counterterrorism efforts, including the progress 

10 made— 

11 (A) in developing and implementing bilat12 eral agreements between Canada and the 

13 United States and between Mexico and the 

14 United States to govern the sharing of terrorist 

15 watch list data and to comprehensively enu16 merate the uses of such data by the govern17 ments of each country; 

18 (B) in establishing appropriate linkages 

19 among Canada, Mexico, and the United States 

20 Terrorist Screening Center; and 

21 (C) in exploring with foreign governments 

22 the establishment of a multilateral watch list 

23 mechanism that would facilitate direct coordina24 tion between the country that identifies an indi25 vidual as an individual included on a watch list, 


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1 and the country that owns such list, including 

2 procedures that satisfy the security concerns 

3 and are consistent with the privacy and other 

4 laws of each participating country. 

5 (6) MONEY LAUNDERING, CURRENCY SMUG6 GLING, AND ALIEN SMUGGLING.—The progress made 

7 in improving information sharing and law enforce8 ment cooperation in combating organized crime, in9 cluding the progress made— 

10 (A) in combating currency smuggling, 

11 money laundering, alien smuggling, and traf12 ficking in alcohol, firearms, and explosives; 

13 (B) in implementing the agreement be14 tween Canada and the United States known as 

15 the Firearms Trafficking Action Plan; 

16 (C) in determining the feasibility of formu17 lating a firearms trafficking action plan be18 tween Mexico and the United States; 

19 (D) in developing a joint threat assessment 

20 on organized crime between Canada and the 

21 United States; 

22 (E) in determining the feasibility of formu23 lating a joint threat assessment on organized 

24 crime between Mexico and the United States; 


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1 (F) in developing mechanisms to exchange 

2 information on findings, seizures, and capture 

3 of individuals transporting undeclared currency; 

4 and 

5 (G) in developing and implementing a plan 

6 to combat the transnational threat of illegal 

7 drug trafficking. 

8 (7) LAW ENFORCEMENT COOPERATION.—The 

9 progress made in enhancing law enforcement co10 operation among Canada, Mexico, and the United 

11 States through enhanced technical assistance for the 

12 development and maintenance of a national database 

13 built upon identified best practices for biometrics as14 sociated with known and suspected criminals or ter15 rorists, including exploring the formation of law en16 forcement teams that include personnel from the 

17 United States and Mexico, and appropriate proce18 dures for such teams. 

19 SEC. 114. IMPROVING THE SECURITY OF MEXICO’S SOUTH20 ERN BORDER. 

21 (a) TECHNICAL ASSISTANCE.—The Secretary of 

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

23 cooperate with the head of Foreign Affairs Canada and 

24 the appropriate officials of the Government of Mexico to 

25 establish a program— 


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1 (1) to assess the specific needs of Guatemala 

2 and Belize in maintaining the security of the inter3 national borders of such countries; 

4 (2) to use the assessment made under para5 graph (1) to determine the financial and technical 

6 support needed by Guatemala and Belize from Can7 ada, Mexico, and the United States to meet such 

8 needs; 

9 (3) to provide technical assistance to Guatemala 

10 and Belize to promote issuance of secure passports 

11 and travel documents by such countries; and 

12 (4) to encourage Guatemala and Belize— 

13 (A) to control alien smuggling and traf14 ficking; 

15 (B) to prevent the use and manufacture of 

16 fraudulent travel documents; and 

17 (C) to share relevant information with 

18 Mexico, Canada, and the United States. 

19 (b) BORDER SECURITY FOR BELIZE, GUATEMALA, 

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

21 Secretary of State, shall work to cooperate— 

22 (1) with the appropriate officials of the Govern23 ment of Guatemala and the Government of Belize to 

24 provide law enforcement assistance to Guatemala 

25 and Belize that specifically addresses immigration 


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1 issues to increase the ability of the Government of 

2 Guatemala to dismantle human smuggling organiza3 tions and gain additional control over the inter4 national border between Guatemala and Belize; and 

5 (2) with the appropriate officials of the Govern6 ment of Belize, the Government of Guatemala, the 

7 Government of Mexico, and the governments of 

8 neighboring contiguous countries to establish a pro9 gram to provide needed equipment, technical assist10 ance, and vehicles to manage, regulate, and patrol 

11 the international borders between Mexico and Guate12 mala and between Mexico and Belize. 

13 (c) TRACKING CENTRAL AMERICAN GANGS.—The 

14 Secretary of State, in coordination with the Secretary and 

15 the Director of the Federal Bureau of Investigation, shall 

16 work to cooperate with the appropriate officials of the 

17 Government of Mexico, the Government of Guatemala, the 

18 Government of Belize, and the governments of other Cen19 tral American countries— 

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

21 the United States and Central America of deporting 

22 violent criminal aliens; 

23 (2) to establish a program and database to 

24 track individuals involved in Central American gang 

25 activities; 


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1 (3) to develop a mechanism that is acceptable 

2 to the governments of Belize, Guatemala, Mexico, 

3 the United States, and other appropriate countries 

4 to notify such a government if an individual sus5 pected of gang activity will be deported to that coun6 try prior to the deportation and to provide support 

7 for the reintegration of such deportees into that 

8 country; and 

9 (4) to develop an agreement to share all rel10 evant information related to individuals connected 

11 with Central American gangs. 

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

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

14 limitations contained in section 551 of the Foreign Oper15 ations, Export Financing, and Related Programs Appro16 priations Act of 2006 (Public Law 109–102; 119 Stat. 

17 2218). 

18 SEC. 115. COMBATING HUMAN SMUGGLING. 

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

20 develop and implement a plan to improve coordination be21 tween the Bureau of Immigration and Customs Enforce22 ment and the Bureau of Customs and Border Protection 

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

24 or tribal authorities, as determined appropriate by the 


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1 Secretary, to improve coordination efforts to combat 

2 human smuggling. 

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

4 subsection (a), the Secretary shall consider— 

5 (1) the interoperability of databases utilized to 

6 prevent human smuggling; 

7 (2) adequate and effective personnel training; 

8 (3) methods and programs to effectively target 

9 networks that engage in such smuggling; 

10 (4) effective utilization of— 

11 (A) visas for victims of trafficking and 

12 other crimes; and 

13 (B) investigatory techniques, equipment, 

14 and procedures that prevent, detect, and pros15 ecute international money laundering and other 

16 operations that are utilized in smuggling; 

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

18 to enhance intelligence sharing and cooperation with 

19 foreign governments whose citizens are preyed on by 

20 human smugglers; and 

21 (6) other measures that the Secretary considers 

22 appropriate to combating human smuggling. 

23 (c) REPORT.—Not later than 1 year after imple24 menting the plan described in subsection (a), the Sec25 retary shall submit to Congress a report on such plan, inVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 cluding any recommendations for legislative action to im2 prove efforts to combating human smuggling. 

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

4 may be construed to provide additional authority to any 

5 State or local entity to enforce Federal immigration laws. 

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

7 (a) COLLECTION OF STATISTICS.—The Commis8 sioner of the Bureau of Customs and Border Protection 

9 shall collect statistics relating to deaths occurring at the 

10 border between the United States and Mexico, including— 

11 (1) the causes of the deaths; and 

12 (2) the total number of deaths. 

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

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

15 Commissioner of the Bureau of Customs and Border Pro16 tection shall submit to the Secretary a report that— 

17 (1) analyzes trends with respect to the statistics 

18 collected under subsection (a) during the preceding 

19 year; and 

20 (2) recommends actions to reduce the deaths 

21 described in subsection (a). 

22 SEC. 117. COOPERATION WITH THE GOVERNMENT OF MEX23 ICO. 

24 (a) COOPERATION REGARDING BORDER SECU25 RITY.—The Secretary of State, in cooperation with the 


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1 Secretary and representatives of Federal, State, and local 

2 law enforcement agencies that are involved in border secu3 rity and immigration enforcement efforts, shall work with 

4 the appropriate officials from the Government of Mexico 

5 to improve coordination between the United States and 

6 Mexico regarding— 

7 (1) improved border security along the inter8 national border between the United States and Mex9 ico; 

10 (2) the reduction of human trafficking and 

11 smuggling between the United States and Mexico; 

12 (3) the reduction of drug trafficking and smug13 gling between the United States and Mexico; 

14 (4) the reduction of gang membership in the 

15 United States and Mexico; 

16 (5) the reduction of violence against women in 

17 the United States and Mexico; and 

18 (6) the reduction of other violence and criminal 

19 activity. 

20 (b) COOPERATION REGARDING EDUCATION ON IMMI21 GRATION LAWS.—The Secretary of State, in cooperation 

22 with other appropriate Federal officials, shall work with 

23 the appropriate officials from the Government of Mexico 

24 to carry out activities to educate citizens and nationals 

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1 immigrant under Federal law to ensure that the citizens 

2 and nationals are not exploited while working in the 

3 United States. 

4 (c) COOPERATION REGARDING CIRCULAR MIGRA5 TION.—The Secretary of State, in cooperation with the 

6 Secretary of Labor and other appropriate Federal offi7 cials, shall work with the appropriate officials from the 

8 Government of Mexico to improve coordination between 

9 the United States and Mexico to encourage circular migra10 tion, including assisting in the development of economic 

11 opportunities and providing job training for citizens and 

12 nationals in Mexico. 

13 (d) CONSULTATION REQUIREMENT.—Federal, State, 

14 and local representatives in the United States shall consult 

15 with their counterparts in Mexico concerning the construc16 tion of additional fencing and related border security 

17 structures along the international border between the 

18 United States and Mexico, as authorized by this title, be19 fore the commencement of any such construction in order 

20 to— 

21 (1) solicit the views of affected communities; 

22 (2) lessen tensions; and 

23 (3) foster greater understanding and stronger 

24 cooperation on this and other important security 

25 issues of mutual concern. 


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1 (e) ANNUAL REPORT.—Not later than 180 days after 

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

3 the Secretary of State shall submit to Congress a report 

4 on the actions taken by the United States and Mexico 

5 under this section. 

6 Subtitle C—Other Border Security 

7 Initiatives 

8 SEC. 121. BIOMETRIC DATA ENHANCEMENTS. 

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

10 (1) in consultation with the Attorney General, 

11 enhance connectivity between the Automated Bio12 metric Fingerprint Identification System (IDENT) 

13 of the Department and the Integrated Automated 

14 Fingerprint Identification System (IAFIS) of the 

15 Federal Bureau of Investigation to ensure more ex16 peditious data searches; and 

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

18 collect all fingerprints from each alien required to 

19 provide fingerprints during the alien’s initial enroll20 ment in the integrated entry and exit data system 

21 described in section 110 of the Illegal Immigration 

22 Reform and Immigrant Responsibility Act of 1996 

23 (8 U.S.C. 1365a). 


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1 SEC. 122. SECURE COMMUNICATION. 

2 The Secretary shall, as expeditiously as practicable, 

3 develop and implement a plan to improve the use of sat4 ellite communications and other technologies to ensure 

5 clear and secure 2-way communication capabilities— 

6 (1) among all Border Patrol agents conducting 

7 operations between ports of entry; 

8 (2) between Border Patrol agents and their re9 spective Border Patrol stations; 

10 (3) between Border Patrol agents and residents 

11 in remote areas along the international land borders 

12 of the United States; and 

13 (4) between all appropriate border security 

14 agencies of the Department and State, local, and 

15 tribal law enforcement agencies. 

16 SEC. 123. 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 

25 the basic training curriculum provided to new Bor26 der Patrol agents by the Federal Law Enforcement 


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1 Training Center, including a description of how such 

2 curriculum has changed since September 11, 2001, 

3 and an evaluation of language and cultural diversity 

4 training programs provided within such curriculum. 

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

6 costs incurred by the Bureau of Customs and Bor7 der Protection and the Federal Law Enforcement 

8 Training Center to train 1 new Border Patrol agent. 

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

10 breakdown under paragraph (2), of the costs, effec11 tiveness, scope, and quality, including geographic 

12 characteristics, with other similar training programs 

13 provided by State and local agencies, nonprofit orga14 nizations, universities, and the private sector. 

15 (4) An evaluation of whether utilizing com16 parable non-Federal training programs, proficiency 

17 testing, and long-distance learning programs may af18 fect— 

19 (A) the cost-effectiveness of increasing the 

20 number of Border Patrol agents trained per 

21 year; 

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

23 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. 124. US–VISIT SYSTEM. 

5 Not later than 6 months after the date of the enact6 ment of this Act, the Secretary, in consultation with the 

7 heads of other appropriate Federal agencies, shall submit 

8 to Congress a schedule for— 

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

10 the United States with the U.S.-Visitor and Immi11 grant Status Indicator Technology (US–VISIT) sys12 tem implemented under section 110 of the Illegal 

13 Immigration Reform and Immigrant Responsibility 

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

15 (2) developing and deploying at such ports of 

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

17 and 

18 (3) making interoperable all immigration 

19 screening systems operated by the Secretary. 

20 SEC. 125. DOCUMENT FRAUD DETECTION. 

21 (a) TRAINING.—Subject to the availability of appro22 priations, the Secretary shall provide all Customs and 

23 Border Protection officers with training in identifying and 

24 detecting fraudulent travel documents. Such training shall 

25 be developed in consultation with the head of the Forensic 


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1 Document Laboratory of the Bureau of Immigration and 

2 Customs Enforcement. 

3 (b) FORENSIC DOCUMENT LABORATORY.—The Sec4 retary shall provide all Customs and Border Protection of5 ficers with access to the Forensic Document Laboratory. 

6 (c) ASSESSMENT.— 

7 (1) REQUIREMENT FOR ASSESSMENT.—The In8 spector General of the Department shall conduct an 

9 independent assessment of the accuracy and reli10 ability of the Forensic Document Laboratory. 

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

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

13 the Inspector General shall submit to Congress the 

14 findings of the assessment required by paragraph 

15 (1). 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Secretary such 

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

19 through 2012 to carry out this section. 

20 SEC. 126. IMPROVED DOCUMENT INTEGRITY. 

21 (a) IN GENERAL.—Section 303 of the Enhanced Bor22 der Security and Visa Entry Reform Act of 2002 (8 

23 U.S.C. 1732) is amended— 


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

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

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

5 EXIT DOCUMENTS’’ and inserting ‘‘TRAVEL AND

6 ENTRY DOCUMENTS AND EVIDENCE OF STA7 TUS’’; 

8 (3) in subsection (b)(1)— 

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

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

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

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

13 and’’; 

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

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

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

19 26, 2008, every document, other than an interim docu20 ment, issued by the Secretary of Homeland Security, 

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

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

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

24 incorporate a biometric identifier to allow the Secretary 


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1 of Homeland Security to verify electronically the identity 

2 and status of the alien.’’. 

3 SEC. 127. CANCELLATION OF VISAS. 

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

5 (1) in paragraph (1)— 

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

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

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

11 visa’’; and 

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

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

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

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

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

18 foreign residence’’. 

19 SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM. 

20 (a) COLLECTION OF BIOMETRIC DATA FROM ALIENS

21 DEPARTING THE UNITED STATES.—Section 215 (8 

22 U.S.C. 1185) is amended— 

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


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

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

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

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

8 immigration status.’’. 

9 (b) INSPECTION OF APPLICANTS FOR ADMISSION.— 

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

11 at the end the following: 

12 ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC

13 DATA.—In conducting inspections under subsection 

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

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

17 seeking to transit through the United States; or 

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

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

22 (c) COLLECTION OF BIOMETRIC DATA FROM ALIEN

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

24 adding at the end the following: 


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

2 biometric data from an alien crewman seeking permission 

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

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

5 U.S.C. 1182) is amended— 

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

7 the following: 

8 ‘‘(C) WITHHOLDERS OF BIOMETRIC

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

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

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

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

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

19 application of such subparagraph for an individual 

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

21 Secretary.’’. 

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

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

24 1365b) is amended— 


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

2 following: 

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

4 the automated biometric entry and exit data system 

5 under this section, the Secretary is not required to 

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

7 United States Code (commonly referred to as the 

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

11 (2) in subsection (l)— 

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

13 and inserting the following: 

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

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

16 ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER

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

19 of the 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. 129. BORDER STUDY. 

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

24 consultation with the Attorney General, the Secretary of 

25 the Interior, the Secretary of Agriculture, the Secretary 


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

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

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

9 of areas of high priority for the construction of such 

10 a system determined after consideration of factors 

11 including the amount of narcotics trafficking and 

12 the number of illegal immigrants apprehended in 

13 such areas; 

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

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

17 and regional environmental impact of such a system, 

18 including the impact on zoning, global climate 

19 change, ozone depletion, biodiversity loss, and 

20 transboundary pollution; 

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

22 entry along such a system; 

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

24 would have on international trade, commerce, and 

25 tourism; 


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

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

4 (7) an estimate of the costs associated with 

5 building a barrier system, including costs associated 

6 with excavation, construction, and maintenance; 

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

8 on Indian reservations and units of the National 

9 Park System; 

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

12 provisions of this Act relating to guest workers, visa 

13 reform, and interior and worksite enforcement, and 

14 the likely effect of such provisions on undocumented 

15 immigration and the flow of illegal immigrants 

16 across the international border of the United States; 

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

19 States and Mexico, Central America, and South 

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

22 multilateral cooperative enforcement efforts; 

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

25 in the United States and Mexico, including its imVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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

3 (12) an assessment of the likelihood that such 

4 a system would lead to increased violations of the 

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

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

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

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

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

15 inflict direct harm on the United States. 

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

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

18 to Congress a report on the study described in subsection 

19 (a). 

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

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

24 Secure Border Initiative having a value of more than 

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


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1 complies with applicable cost requirements, performance 

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

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

7 initiation of the action; and 

8 (2) upon the conclusion of the performance of 

9 the contract. 

10 (b) INSPECTOR GENERAL.— 

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

12 aware of any improper conduct or wrongdoing in the 

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

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

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

25 regarding— 


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1 (A) cost overruns; 

2 (B) significant delays in contract execu3 tion; 

4 (C) lack of rigorous departmental contract 

5 management; 

6 (D) insufficient departmental financial 

7 oversight; 

8 (E) bundling that limits the ability of 

9 small businesses to compete; or 

10 (F) other high risk business practices. 

11 (c) REPORTS BY THE SECRETARY.— 

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

13 the receipt of each report required under subsection 

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

15 Committee on the Judiciary of the Senate and the 

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

18 (A) the findings of the report received 

19 from the Inspector General; and 

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

21 plans to take, to address the problems identified 

22 in such report. 

23 (2) CONTRACTS WITH FOREIGN COMPANIES.— 

24 Not later than 60 days after the initiation of each 

25 contract action with a company whose headquarters 


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1 is not based in the United States, the Secretary 

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

5 Secure Border Initiative. 

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

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

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

10 on Foreign Investment in the United States shall submit 

11 a report to Congress that describes— 

12 (1) the proposed purchase; 

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

15 (3) the manner in which such security concerns 

16 have been addressed. 

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

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

22 (1) for fiscal year 2008, not less than 5 percent 

23 of the overall budget of the Office for such fiscal 

24 year; 


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1 (2) for fiscal year 2009, not less than 6 percent 

2 of the overall budget of the Office for such fiscal 

3 year; and 

4 (3) for fiscal year 2010, not less than 7 percent 

5 of the overall budget of the Office for such fiscal 

6 year. 

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

9 (a) IN GENERAL.—Beginning on October 1, 2008, an 

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

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

14 shall be detained until removed or a final decision granting 

15 admission has been determined, unless the alien— 

16 (1) is permitted to withdraw an application for 

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

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

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

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

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


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

3 Act and before October 1, 2008, an alien described in sub4 section (a) may be released with a notice to appear only 

5 if— 

6 (1) the Secretary determines, after conducting 

7 all appropriate background and security checks on 

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

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

11 $5,000. 

12 (c) RULES OF CONSTRUCTION.— 

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

14 section shall be construed as limiting the right of an 

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

16 removal based on a fear of persecution. 

17 (2) TREATMENT OF CERTAIN ALIENS.—The 

18 mandatory detention requirement in subsection (a) 

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

20 of a country in the Western Hemisphere with whose 

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

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

24 be construed as limiting the authority of the Sec25 retary, in the Secretary’s sole unreviewable discreVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tion, to determine whether an alien described in 

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

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

8 REQUIREMENTS. 

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

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

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

13 arrival, reporting, entry, or clearance re14 quirements 

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

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

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

19 employee of the United States charged with enforcing the 

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

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

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

23 described in subsection (a) shall be— 

24 ‘‘(1) fined under this title; 


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

2 or both; 

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

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

5 inflict or inflicts bodily injury (as defined in section 

6 1365(g) of this title); or 

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

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

9 to death; or 

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

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

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

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

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

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

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

19 use of a vehicle or other conveyance in the commission 

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

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

23 title, such conduct shall constitute prima facie evidence of 

24 smuggling aliens or merchandise.’’. 


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

3 amended by inserting at the end the following: 

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

clearance requirements.’’. 

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

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

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

10 any officer or employee of the United States charged with 

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

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

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

15 (d) TECHNICAL AMENDMENTS.— 

16 (1) IN GENERAL.—Chapter 27 of title 18, 

17 United States Code, is amended by redesignating 

18 section 554 (as added by section 551(a) of the De19 partment of Homeland Security Appropriations Act, 

20 2007 (Public Law 109–295; 120 Stat. 1389)) as 

21 section 555. 

22 (2) TABLE OF SECTIONS.—The table of sections 

23 for chapter 27 of title 18, United States Code, is 

24 amended— 


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1 (A) by striking the following: 

‘‘Sec. 554. Border tunnels and passages.’’; 

2 and 

3 (B) by inserting the following: 

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

4 (3) CRIMINAL FORFEITURE.—Section 982(a)(6) 

5 of title 18, United States Code, is amended by strik6 ing ‘‘554’’ and inserting ‘‘555’’. 

7 (4) DIRECTIVE TO UNITED STATES SEN8 TENCING COMMISSION.—Paragraphs (1) and (2)(A) 

9 of section 551(d) of the Department of Homeland 

10 Security Appropriations Act, 2007 is amended by 

11 striking ‘‘554’’ and inserting ‘‘555’’. 

12 SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SE13 CURING THE SOUTHERN LAND BORDER OF 

14 THE UNITED STATES. 

15 (a) AUTHORITY TO PROVIDE ASSISTANCE.— 

16 (1) IN GENERAL.—With the approval of the 

17 Secretary of Defense, the Governor of a State may 

18 order any units or personnel of the National Guard 

19 of such State to perform annual training duty under 

20 section 502(a) of title 32, United States Code, to 

21 carry out in any State along the southern land bor22 der of the United States the activities authorized in 

23 subsection (b), for the purpose of securing such bor24 der. Such duty shall not exceed 21 days in any year. 


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1 (2) SUPPORT.—With the approval of the Sec2 retary of Defense, the Governor of a State may 

3 order any units or personnel of the National Guard 

4 of such State to perform duty under section 502(f) 

5 of title 32, United States Code, to provide command, 

6 control, and continuity of support for units or per7 sonnel performing annual training duty under para8 graph (1). 

9 (b) AUTHORIZED ACTIVITIES.—The activities author10 ized by this subsection are any of the following: 

11 (1) Ground reconnaissance activities; 

12 (2) Airborne reconnaissance activities; 

13 (3) Logistical support; 

14 (4) Provision of translation services and train15 ing; 

16 (5) Administrative support services; 

17 (6) Technical training services; 

18 (7) Emergency medical assistance and services; 

19 (8) Communications services; 

20 (9) Rescue of aliens in peril; 

21 (10) Construction of roadways, patrol roads, 

22 fences, barriers, and other facilities to secure the 

23 southern land border of the United States; and 

24 (11) Ground and air transportation. 


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1 (c) COOPERATIVE AGREEMENTS.—Units and per2 sonnel of the National Guard of a State may perform ac3 tivities in another State under subsection (a) only pursu4 ant to the terms of an emergency management assistance 

5 compact or other cooperative arrangement entered into be6 tween Governors of such States for purposes of this sec7 tion, and only with the approval of the Secretary of De8 fense. 

9 (d) COORDINATION OF ASSISTANCE.—The Secretary 

10 of Homeland Security shall, in consultation with the Sec11 retary of Defense and the Governors of the States con12 cerned, coordinate the performance of activities under this 

13 section by units and personnel of the National Guard. 

14 (e) ANNUAL TRAINING.—Annual training duty per15 formed by members of the National Guard under sub16 section (a) shall be appropriate for the units and indi17 vidual members concerned, taking into account the types 

18 of units and military occupational specialties of individual 

19 members performing such duty. 

20 (f) DEFINITIONS.—In this section: 

21 (1) The term ‘‘Governor of a State’’ means, in 

22 the case of the District of Columbia, the Com23 manding General of the National Guard of the Dis24 trict of Columbia. 


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1 (2) The term ‘‘State’’ means each of the several 

2 States, the District of Columbia, the Commonwealth 

3 of Puerto Rico, Guam, and the Virgin Islands. 

4 (3) The term ‘‘State along the southern border 

5 of the United States’’ means each of the following: 

6 (A) The State of Arizona. 

7 (B) The State of California. 

8 (C) The State of New Mexico. 

9 (D) The State of Texas. 

10 (g) DURATION OF AUTHORITY.—The authority of 

11 this section shall expire on January 1, 2009. 

12 (h) PROHIBITION ON DIRECT PARTICIPATION IN LAW

13 ENFORCEMENT.—Activities carried out under the author14 ity of this section shall not include the direct participation 

15 of a member of the National Guard in a search, seizure, 

16 arrest, or similar activity. 

17 SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CER18 TAIN MEMBERS AND FORMER MEMBERS OF 

19 THE ARMED FORCES TO SERVE IN UNITED 

20 STATES CUSTOMS AND BORDER PROTEC21 TION. 

22 (a) REPORT REQUIRED.—Not later than 60 days 

23 after the date of the enactment of this Act, the Secretary 

24 of Homeland Security and the Secretary of Defense shall 

25 jointly submit to the appropriate committees of Congress 


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1 a report assessing the desirability and feasibility of offer2 ing incentives to covered members and former members 

3 of the Armed Forces for the purpose of encouraging such 

4 members to serve in the Bureau of Customs and Border 

5 Protection. 

6 (b) COVERED MEMBERS AND FORMER MEMBERS OF

7 THE ARMED FORCES.—For purposes of this section, cov8 ered members and former members of the Armed Forces 

9 are the following: 

10 (1) Members of the reserve components of the 

11 Armed Forces. 

12 (2) Former members of the Armed Forces with13 in two years of separation from service in the Armed 

14 Forces. 

15 (c) REQUIREMENTS AND LIMITATIONS.— 

16 (1) NATURE OF INCENTIVES.—In considering 

17 incentives for purposes of the report required by 

18 subsection (a), the Secretaries shall consider such 

19 incentives, whether monetary or otherwise and 

20 whether or not authorized by current law or regula21 tions, as the Secretaries jointly consider appropriate. 

22 (2) TARGETING OF INCENTIVES.—In assessing 

23 any incentive for purposes of the report, the Secre24 taries shall give particular attention to the utility of 

25 such incentive in— 


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1 (A) encouraging service in the Bureau of 

2 Customs and Border Protection after service in 

3 the Armed Forces by covered members and 

4 former of the Armed Forces who have provided 

5 border patrol or border security assistance to 

6 the Bureau as part of their duties as members 

7 of the Armed Forces; and 

8 (B) leveraging military training and expe9 rience by accelerating training, or allowing 

10 credit to be applied to related areas of training, 

11 required for service with the Bureau of Cus12 toms and Border Protection. 

13 (3) PAYMENT.—In assessing incentives for pur14 poses of the report, the Secretaries shall assume 

15 that any costs of such incentives shall be borne by 

16 the Department of Homeland Security. 

17 (d) ELEMENTS.—The report required by subsection 

18 (a) shall include the following: 

19 (1) A description of various monetary and non20 monetary incentives considered for purposes of the 

21 report. 

22 (2) An assessment of the desirability and feasi23 bility of utilizing any such incentive for the purpose 

24 specified in subsection (a), including an assessment 

25 of the particular utility of such incentive in encourVerDate Aug 31 2005 01:50 May 11, 2007 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 aging service in the Bureau of Customs and Border 

2 Protection after service in the Armed Forces by cov3 ered members and former members of the Armed 

4 Forces described in subsection (c)(2). 

5 (3) Any other matters that the Secretaries 

6 jointly consider appropriate. 

7 (e) APPROPRIATE COMMITTEES OF CONGRESS DE8 FINED.—In this section, the term ‘‘appropriate commit9 tees of Congress’’ means— 

10 (1) the Committees on Armed Services, Home11 land Security and Governmental Affairs, and Appro12 priations of the Senate; and 

13 (2) the Committees on Armed Services, Home14 land Security, and Appropriations of the House of 

15 Representatives. 

16 SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) United States citizens make approximately 

20 130,000,000 land border crossings each year be21 tween the United States and Canada and the United 

22 States and Mexico, with approximately 23,000,000 

23 individual United States citizens crossing the border 

24 annually. 


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1 (2) Approximately 27 percent of United States 

2 citizens possess United States passports. 

3 (3) In fiscal year 2005, the Secretary of State 

4 issued an estimated 10,100,000 passports, rep5 resenting an increase of 15 percent from fiscal year 

6 2004. 

7 (4) The Secretary of State estimates that 

8 16,000,000 passports will be issued in fiscal year 

9 2007 and 17,000,000 passports will be issued in fis10 cal year 2008. 

11 (b) EXTENSION OF WESTERN HEMISPHERE TRAVEL

12 INITIATIVE IMPLEMENTATION DEADLINE.—Section 

13 7209(b)(1) of the Intelligence Reform and Terrorism Pre14 vention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 

15 note) is amended by striking ‘‘January 1, 2008’’ and in16 serting ‘‘the later of June 1, 2009, or 3 months after the 

17 Secretary of State and the Secretary of Homeland Secu18 rity make the certification required in subsection (i) of sec19 tion 133 of the Comprehensive Immigration Reform Act 

20 of 2007.’’. 

21 (c) PASSPORT CARDS.— 

22 (1) AUTHORITY TO ISSUE.—In order to facili23 tate travel of United States citizens to Canada, Mex24 ico, the countries located in the Caribbean, and Ber25 muda, the Secretary of State, in consultation with 


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1 the Secretary, is authorized to develop a travel docu2 ment known as a Passport Card. 

3 (2) ISSUANCE.—In accordance with the West4 ern Hemisphere Travel Initiative carried out pursu5 ant to section 7209 of the Intelligence Reform and 

6 Terrorism Prevention Act of 2004 (Public Law 108– 

7 458; 8 U.S.C. 1185 note), the Secretary of State, in 

8 consultation with the Secretary, shall be authorized 

9 to issue to a citizen of the United States who sub10 mits an application in accordance with paragraph 

11 (5) a travel document that will serve as a Passport 

12 Card. 

13 (3) APPLICABILITY.—A Passport Card shall be 

14 deemed to be a United States passport for the pur15 pose of United States laws and regulations relating 

16 to United States passports. 

17 (4) VALIDITY.—A Passport Card shall be valid 

18 for the same period as a United States passport. 

19 (5) LIMITATION ON USE.—A Passport Card 

20 may only be used for the purpose of international 

21 travel by United States citizens through land and 

22 sea ports of entry between— 

23 (A) the United States and Canada; 

24 (B) the United States and Mexico; and 


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1 (C) the United States and a country lo2 cated in the Caribbean or Bermuda. 

3 (6) APPLICATION FOR ISSUANCE.—To be issued 

4 a Passport Card, a United States citizen shall sub5 mit an application to the Secretary of State. The 

6 Secretary of State shall require that such application 

7 shall contain the same information as is required to 

8 determine citizenship, identity, and eligibility for 

9 issuance of a United States passport. 

10 (7) TECHNOLOGY.— 

11 (A) EXPEDITED TRAVELER PROGRAMS.— 

12 To the maximum extent practicable, a Passport 

13 Card shall be designed and produced to provide 

14 a platform on which the expedited traveler pro15 grams carried out by the Secretary, such as 

16 NEXUS, NEXUS AIR, SENTRI, FAST, and 

17 Register Traveler may be added. The Secretary 

18 of State and the Secretary shall notify Congress 

19 not later than July 1, 2007, if the technology 

20 to add expedited travel features to the Passport 

21 Card is not developed by that date. 

22 (B) TECHNOLOGY.—The Secretary and the 

23 Secretary of State shall establish a technology 

24 implementation plan that accommodates desired 

25 technology requirements of the Department of 


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1 State and the Department, allows for future 

2 technological innovations, and ensures max3 imum facilitation at the northern and southern 

4 borders. 

5 (8) SPECIFICATIONS FOR CARD.—A Passport 

6 Card shall be easily portable and durable. The Sec7 retary of State and the Secretary shall consult re8 garding the other technical specifications of the 

9 Card, including whether the security features of the 

10 Card could be combined with other existing identity 

11 documentation. 

12 (9) FEE.— 

13 (A) IN GENERAL.—An applicant for a 

14 Passport Card shall submit an application 

15 under paragraph (6) together with a nonrefund16 able fee in an amount to be determined by the 

17 Secretary of State. Passport Card fees shall be 

18 deposited as an offsetting collection to the ap19 propriate Department of State appropriation, to 

20 remain available until expended. 

21 (B) LIMITATION ON FEES.— 

22 (i) IN GENERAL.—The Secretary of 

23 State shall seek to make the application 

24 fee under this paragraph as low as pos25 sible. 


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1 (ii) MAXIMUM FEE WITHOUT CERTIFI2 CATION.—Except as provided in clause 

3 (iii), the application fee may not exceed 

4 $24. 

5 (iii) MAXIMUM FEE WITH CERTIFI6 CATION.—The application fee may be not 

7 more than $34 if the Secretary of State, 

8 the Secretary, and the Postmaster Gen9 eral— 

10 (I) jointly certify to Congress 

11 that the cost to produce and issue a 

12 Passport Card significantly exceeds 

13 $24; and 

14 (II) provide a detailed cost anal15 ysis for such fee. 

16 (C) REDUCTION OF FEE.—The Secretary 

17 of State shall reduce the fee for a Passport 

18 Card for an individual who submits an applica19 tion for a Passport Card together with an appli20 cation for a United States passport. 

21 (D) WAIVER OF FEE FOR CHILDREN.— 

22 The Secretary of State shall waive the fee for 

23 a Passport Card for a child under 18 years of 

24 age. 


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1 (E) AUDIT.—In the event that the fee for 

2 a Passport Card exceeds $24, the Comptroller 

3 General of the United States shall conduct an 

4 audit to determine whether Passport Cards are 

5 issued at the lowest possible cost. 

6 (10) ACCESSIBILITY.—In order to make the 

7 Passport Card easily obtainable, an application for a 

8 Passport Card shall be accepted in the same manner 

9 and at the same locations as an application for a 

10 United States passport. 

11 (11) RULE OF CONSTRUCTION.—Nothing in 

12 this section shall be construed as limiting, altering, 

13 modifying, or otherwise affecting the validity of a 

14 United States passport. A United States citizen may 

15 possess a United States passport and a Passport 

16 Card. 

17 (d) STATE ENROLLMENT DEMONSTRATION PRO18 GRAM.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 provisions of law, the Secretary of State and the 

21 Secretary shall enter into a memorandum of under22 standing with 1 or more appropriate States to carry 

23 out at least 1 demonstration program as follows: 

24 (A) A State may include an individual’s 

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1 cense which meets the requirements of section 

2 202 of the REAL ID Act of 2005 (division B 

3 of Public Law 109–13; 49 U.S.C. 30301 note). 

4 (B) The Secretary of State shall develop a 

5 mechanism to communicate with a participating 

6 State to verify the United States citizenship 

7 status of an applicant who voluntarily seeks to 

8 have the applicant’s United States citizenship 

9 status included on a driver’s license. 

10 (C) All information collected about the in11 dividual shall be managed exclusively in the 

12 same manner as information collected through 

13 a passport application and no further distribu14 tion of such information shall be permitted. 

15 (D) A State may not require an individual 

16 to include the individual’s citizenship status on 

17 a driver’s license. 

18 (E) Notwithstanding any other provision of 

19 law, a driver’s license which meets the require20 ments of this paragraph shall be deemed to be 

21 sufficient documentation to permit the bearer to 

22 enter the United States from Canada or Mexico 

23 through not less than at least 1 designated 

24 international border crossing in each State par25 ticipating in the demonstration program. 


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1 (2) RULE OF CONSTRUCTION.—Nothing in this 

2 subsection shall have the effect of creating a na3 tional identity card. 

4 (3) AUTHORITY TO EXPAND.—The Secretary of 

5 State and the Secretary may expand the demonstra6 tion program under this subsection so that such pro7 gram is carried out in additional States, through ad8 ditional ports of entry, for additional foreign coun9 tries, and in a manner that permits the use of addi10 tional types of identification documents to prove 

11 identity under the program. 

12 (4) STUDY.—Not later than 6 months after the 

13 date that the demonstration program under this sub14 section is carried out, the Comptroller General of the 

15 United States shall conduct a study of— 

16 (A) the cost of the production and issuance 

17 of documents that meet the requirements of the 

18 program compared with other travel documents; 

19 (B) the impact of the program on the flow 

20 of cross-border traffic and the economic impact 

21 of the program; and 

22 (C) the security of travel documents that 

23 meet the requirements of the program com24 pared with other travel documents. 


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1 (5) RECIPROCITY WITH CANADA.—Notwith2 standing any other provision of law, if the Secretary 

3 of State and the Secretary certify that certain iden4 tity documents issued by Canada (or any of its prov5 inces) meet security and citizenship standards com6 parable to the requirements described in paragraph 

7 (1), the Secretary may determine that such docu8 ments are sufficient to permit entry into the United 

9 States. The Secretary shall work, to the maximum 

10 extent possible, to ensure that identification docu11 ments issued by Canada that are used as described 

12 in this paragraph contain the same technology as 

13 identification documents issued by the United States 

14 (or any State). 

15 (6) ADDITIONAL PILOT PROGRAMS.—To the 

16 maximum extent possible, the Secretary shall seek to 

17 conduct pilot programs related to Passport Cards 

18 and the State Enrollment Demonstration Program 

19 described in this subsection on the international bor20 der between the United States and Canada and the 

21 international border between the United States and 

22 Mexico. 

23 (e) EXPEDITED PROCESSING FOR REPEAT TRAV24 ELERS.— 


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1 (1) LAND CROSSINGS.—To the maximum extent 

2 practicable at the United States border with Canada 

3 and the United States border with Mexico, the Sec4 retary shall expand expedited traveler programs car5 ried out by the Secretary to all ports of entry and 

6 should encourage citizens of the United States to 

7 participate in the preenrollment programs, as such 

8 programs assist border control officers of the United 

9 States in the fight against terrorism by increasing 

10 the number of known travelers crossing the border. 

11 The identities of such expedited travelers should be 

12 entered into a database of known travelers who have 

13 been subjected to in-depth background and watch14 list checks to permit border control officers to focus 

15 more attention on unknown travelers, potential 

16 criminals, and terrorists. The Secretary, in consulta17 tion with the appropriate officials of the Government 

18 of Canada, shall equip at least 6 additional northern 

19 border crossings with NEXUS technology and 6 ad20 ditional southern ports of entry with SENTRI tech21 nology. 

22 (2) SEA CROSSINGS.—The Commissioner of 

23 Customs and Border Patrol shall conduct and ex24 pand trusted traveler programs and pilot programs 

25 to facilitate expedited processing of United States 


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1 citizens returning from pleasure craft trips in Can2 ada, Mexico, the Caribbean, or Bermuda. One such 

3 program shall be conducted in Florida and modeled 

4 on the I–68 program. 

5 (f) PROCESS FOR INDIVIDUALS LACKING APPRO6 PRIATE DOCUMENTS.— 

7 (1) IN GENERAL.—The Secretary shall establish 

8 a program that satisfies section 7209 of the Intel9 ligence Reform and Terrorism Prevention Act of 

10 2004 (Public Law 108–458; 8 U.S.C. 1185 note)— 

11 (A) to permit a citizen of the United 

12 States who has not been issued a United States 

13 passport or other appropriate travel document 

14 to cross the international border and return to 

15 the United States for a time period of not more 

16 than 72 hours, on a limited basis, and at no ad17 ditional fee; or 

18 (B) to establish a process to ascertain the 

19 identity of, and make admissibility determina20 tions for, a citizen described in paragraph (A) 

21 upon the arrival of such citizen at an inter22 national border of the United States. 

23 (2) GRACE PERIOD.—During a time period de24 termined by the Secretary, officers of the United 

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1 zens of the United States and Canada who are un2 aware of the requirements of section 7209 of the In3 telligence Reform and Terrorism Prevention Act of 

4 2004 (Public Law 108–458; 8 U.S.C. 1185 note), or 

5 otherwise lacking appropriate documentation, to 

6 enter the United States upon a demonstration of 

7 citizenship satisfactory to the officer. Officers of the 

8 United States Customs and Border Patrol shall edu9 cate such individuals about documentary require10 ments. 

11 (g) TRAVEL BY CHILDREN.—Notwithstanding any 

12 other provision of law, the Secretary shall develop a proce13 dure to accommodate groups of children traveling by land 

14 across an international border under adult supervision 

15 with parental consent without requiring a government16 issued identity and citizenship document. 

17 (h) PUBLIC PROMOTION.—The Secretary of State, in 

18 consultation with the Secretary, shall develop and imple19 ment an outreach plan to inform United States citizens 

20 about the Western Hemisphere Travel Initiative and the 

21 provisions of this Act, to facilitate the acquisition of ap22 propriate documentation to travel to Canada, Mexico, the 

23 countries located in the Caribbean, and Bermuda, and to 

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1 quirements for such travel. Such outreach plan should in2 clude— 

3 (1) written notifications posted at or near pub4 lic facilities, including border crossings, schools, li5 braries, Amtrak stations, and United States Post 

6 Offices located within 50 miles of the international 

7 border between the United States and Canada or the 

8 international border between the United States and 

9 Mexico and other ports of entry; 

10 (2) provisions to seek consent to post such noti11 fications on commercial property, such as offices of 

12 State departments of motor vehicles, gas stations, 

13 supermarkets, convenience stores, hotels, and travel 

14 agencies; 

15 (3) the collection and analysis of data to meas16 ure the success of the public promotion plan; and 

17 (4) additional measures as appropriate. 

18 (i) CERTIFICATION.—Notwithstanding any other pro19 vision of law, the Secretary may not implement the plan 

20 described in section 7209(b) of the Intelligence Reform 

21 and Terrorism Prevention Act of 2004 (Public Law 108– 

22 458; 8 U.S.C. 1185 note) until the later of June 1, 2009, 

23 or the date that is 3 months after the Secretary of State 

24 and the Secretary certify to Congress that— 


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1 (1)(A) if the Secretary and the Secretary of 

2 State develop and issue Passport Cards under this 

3 section— 

4 (i) such cards have been distributed to at 

5 least 90 percent of the eligible United States 

6 citizens who applied for such cards during the 

7 6-month period beginning not earlier than the 

8 date the Secretary of State began accepting ap9 plications for such cards and ending not earlier 

10 than 10 days prior to the date of certification; 

11 (ii) Passport Cards are provided to appli12 cants, on average, within 4 weeks of application 

13 or within the same period of time required to 

14 adjudicate a passport; and 

15 (iii) a successful pilot has demonstrated 

16 the effectiveness of the Passport Card; or 

17 (B) if the Secretary and the Secretary of State 

18 do not develop and issue Passport Cards under this 

19 section and develop a program to issue an alter20 native document that satisfies the requirements of 

21 section 7209 of the Intelligence Reform and Ter22 rorism Prevention Act of 2004, in addition to the 

23 NEXUS, SENTRI, FAST and Border Crossing 

24 Card programs, such alternative document is widely 

25 available and well publicized; 


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1 (2) United States border crossings have been 

2 equipped with sufficient document readers and other 

3 technologies to ensure that implementation will not 

4 substantially slow the flow of traffic and persons 

5 across international borders; 

6 (3) officers of the Bureau of Customs and Bor7 der Protection have received training and been pro8 vided the infrastructure necessary to accept Pass9 port Cards and all alternative identity documents at 

10 all United States border crossings; and 

11 (4) the outreach plan described in subsection 

12 (g) has been implemented and the Secretary deter13 mines such plan has been successful in providing in14 formation to United States citizens. 

15 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary of State 

17 and the Secretary such sums as may be necessary to carry 

18 out this section, and the amendment made by this section. 

19 Subtitle D—Border Law 

20 Enforcement Relief Act 

21 SEC. 141. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Border Law En23 forcement Relief Act of 2007’’. 

24 SEC. 142. FINDINGS. 

25 Congress finds the following: 


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1 (1) It is the obligation of the Federal Govern2 ment of the United States to adequately secure the 

3 Nation’s borders and prevent the flow of undocu4 mented persons and illegal drugs into the United 

5 States. 

6 (2) Despite the fact that the United States 

7 Border Patrol apprehends over 1,000,000 people 

8 each year trying to illegally enter the United States, 

9 according to the Congressional Research Service, the 

10 net growth in the number of unauthorized aliens has 

11 increased by approximately 500,000 each year. The 

12 Southwest border accounts for approximately 94 

13 percent of all migrant apprehensions each year. Cur14 rently, there are an estimated 11,000,000 unauthor15 ized aliens in the United States. 

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

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

18 Intelligence Center, 65 percent of the narcotics that 

19 are sold in the markets of the United States enter 

20 the country through the Southwest Border. 

21 (4) Border communities continue to incur sig22 nificant costs due to the lack of adequate border se23 curity. A 2001 study by the United States-Mexico 

24 Border Counties Coalition found that law enforce25 ment and criminal justice expenses associated with 


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

2 the Southwest border counties. 

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

4 and Arizona declared states of emergency in order to 

5 provide local law enforcement immediate assistance 

6 in addressing criminal activity along the Southwest 

7 border. 

8 (6) While the Federal Government provides 

9 States and localities assistance in covering costs re10 lated to the detention of certain criminal aliens and 

11 the prosecution of Federal drug cases, local law en12 forcement along the border are provided no assist13 ance in covering such expenses and must use their 

14 limited resources to combat drug trafficking, human 

15 smuggling, kidnappings, the destruction of private 

16 property, and other border-related crimes. 

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

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

19 Many of the local law enforcement agencies located 

20 along the border are small, rural departments 

21 charged with patrolling large areas of land. Counties 

22 along the Southwest United States-Mexico border 

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

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1 ciated with illegal immigration, drug trafficking, and 

2 other border-related crimes. 

3 (8) Federal assistance is required to help local 

4 law enforcement operating along the border address 

5 the unique challenges that arise as a result of their 

6 proximity to an international border and the lack of 

7 overall border security in the region 

8 SEC. 143. BORDER RELIEF GRANT PROGRAM. 

9 (a) GRANTS AUTHORIZED.— 

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

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

13 provide assistance to such agency to address— 

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

16 agency’s proximity to the United States border; 

17 and 

18 (B) the impact of any lack of security 

19 along the United States border. 

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

21 this subsection during fiscal years 2008 through 

22 2012. 

23 (3) COMPETITIVE BASIS.—The Secretary shall 

24 award grants under this subsection on a competitive 

25 basis, except that the Secretary shall give priority to 


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

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

4 and 

5 (B) located no more than 100 miles from 

6 a United States border with— 

7 (i) Canada; or 

8 (ii) Mexico. 

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

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

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

14 (1) to obtain equipment; 

15 (2) to hire additional personnel; 

16 (3) to upgrade and maintain law enforcement 

17 technology; 

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

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

22 (c) APPLICATION.— 

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

25 submit an application to the Secretary at such time, 


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

3 (2) CONTENTS.—Each application submitted 

4 pursuant to paragraph (1) shall— 

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

7 (B) provide such additional assurances as 

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

10 section. 

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

12 (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— 

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

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

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

16 miles from a United States border with— 

17 (i) Canada; or 

18 (ii) Mexico; or 

19 (B) located in a county more than 100 

20 miles from any such border, but where such 

21 county has been certified by the Secretary as a 

22 High Impact Area. 

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


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1 (A) whether local law enforcement agencies 

2 in that county have the resources to protect the 

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

5 (B) the relationship between any lack of 

6 security along the United States border and the 

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

8 and 

9 (C) any other unique challenges that local 

10 law enforcement face due to a lack of security 

11 along the United States border. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

15 2008 through 2012 to carry out the provisions of 

16 this section. 

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

18 amounts authorized under paragraph (1)— 

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

21 the largest number of undocumented alien ap22 prehensions; and 

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


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

4 funds obligated for the purposes provided under this title. 

5 SEC. 144. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. 

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

8 to exercise Federal immigration law enforcement author9 ity. 

10 Subtitle E—Rapid Response 

11 Measures 

12 SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS. 

13 (a) EMERGENCY DEPLOYMENT OF BORDER PATROL

14 AGENTS.— 

15 (1) IN GENERAL.—If the Governor of a State 

16 on an international border of the United States de17 clares an international border security emergency 

18 and requests additional United States Border Patrol 

19 agents (referred to in this subtitle as ‘‘agents’’) from 

20 the Secretary, the Secretary, subject to paragraphs 

21 (1) and (2), may provide the State with not more 

22 than 1,000 additional agents for the purpose of pa23 trolling and defending the international border, in 

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1 national border into the United States at any loca2 tion other than an authorized port of entry. 

3 (2) CONSULTATION.—Upon receiving a request 

4 for agents under paragraph (1), the Secretary, after 

5 consultation with the President, shall grant such re6 quest to the extent that providing such agents will 

7 not significantly impair the Department’s ability to 

8 provide border security for any other State. 

9 (3) COLLECTIVE BARGAINING.—Emergency de10 ployments under this subsection shall be made in ac11 cordance with all applicable collective bargaining 

12 agreements and obligations. 

13 (b) ELIMINATION OF FIXED DEPLOYMENT OF BOR14 DER PATROL AGENTS.—The Secretary shall ensure that 

15 agents are not precluded from performing patrol duties 

16 and apprehending violators of law, except in unusual cir17 cumstances if the temporary use of fixed deployment posi18 tions is necessary. 

19 (c) INCREASE IN FULL-TIME BORDER PATROL

20 AGENTS.—Section 5202(a)(1) of the Intelligence Reform 

21 and Terrorism Prevention Act of 2004 (118 Stat. 3734), 

22 as amended by section 101(b)(2), is further amended by 

23 striking ‘‘2,000’’ and inserting ‘‘3,000’’. 


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1 SEC. 152. BORDER PATROL MAJOR ASSETS. 

2 (a) CONTROL OF BORDER PATROL ASSETS.—The 

3 United States Border Patrol shall have complete and ex4 clusive administrative and operational control over all the 

5 assets utilized in carrying out its mission, including, air6 craft, watercraft, vehicles, detention space, transportation, 

7 and all of the personnel associated with such assets. 

8 (b) HELICOPTERS AND POWER BOATS.— 

9 (1) HELICOPTERS.—The Secretary shall in10 crease, by not less than 100, the number of heli11 copters under the control of the United States Bor12 der Patrol. The Secretary shall ensure that appro13 priate types of helicopters are procured for the var14 ious missions being performed. 

15 (2) POWER BOATS.—The Secretary shall in16 crease, by not less than 250, the number of power 

17 boats under the control of the United States Border 

18 Patrol. The Secretary shall ensure that the types of 

19 power boats that are procured are appropriate for 

20 both the waterways in which they are used and the 

21 mission requirements. 

22 (3) USE AND TRAINING.—The Secretary shall— 

23 (A) establish an overall policy on how the 

24 helicopters and power boats procured under this 

25 subsection will be used; and 


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1 (B) implement training programs for the 

2 agents who use such assets, including safe oper3 ating procedures and rescue operations. 

4 (c) MOTOR VEHICLES.— 

5 (1) QUANTITY.—The Secretary shall establish a 

6 fleet of motor vehicles appropriate for use by the 

7 United States Border Patrol that will permit a ratio 

8 of not less than 1 police-type vehicle for every 3 

9 agents. These police-type vehicles shall be replaced 

10 not less than every 3 years. The Secretary shall en11 sure that there are sufficient numbers and types of 

12 other motor vehicles to support the mission of the 

13 United States Border Patrol. 

14 (2) FEATURES.—All motor vehicles purchased 

15 for the United States Border Patrol shall— 

16 (A) be appropriate for the mission of the 

17 United States Border Patrol; and 

18 (B) have a panic button and a global posi19 tioning system device that is activated solely in 

20 emergency situations to track the location of 

21 agents in distress. 

22 SEC. 153. ELECTRONIC EQUIPMENT. 

23 (a) PORTABLE COMPUTERS.—The Secretary shall en24 sure that each police-type motor vehicle in the fleet of the 

25 United States Border Patrol is equipped with a portable 


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1 computer with access to all necessary law enforcement 

2 databases and otherwise suited to the unique operational 

3 requirements of the United States Border Patrol. 

4 (b) RADIO COMMUNICATIONS.—The Secretary shall 

5 augment the existing radio communications system so that 

6 all law enforcement personnel working in each area where 

7 United States Border Patrol operations are conducted 

8 have clear and encrypted 2-way radio communication ca9 pabilities at all times. Each portable communications de10 vice shall be equipped with a panic button and a global 

11 positioning system device that is activated solely in emer12 gency situations to track the location of agents in distress. 

13 (c) HAND-HELD GLOBAL POSITIONING SYSTEM DE14 VICES.—The Secretary shall ensure that each United 

15 States Border Patrol agent is issued a state-of-the-art 

16 hand-held global positioning system device for navigational 

17 purposes. 

18 (d) NIGHT VISION EQUIPMENT.—The Secretary shall 

19 ensure that sufficient quantities of state-of-the-art night 

20 vision equipment are procured and maintained to enable 

21 each United States Border Patrol agent working during 

22 the hours of darkness to be equipped with a portable night 

23 vision device. 


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1 SEC. 154. PERSONAL EQUIPMENT. 

2 (a) BORDER ARMOR.—The Secretary shall ensure 

3 that every agent is issued high-quality body armor that 

4 is appropriate for the climate and risks faced by the agent. 

5 Each agent shall be permitted to select from among a vari6 ety of approved brands and styles. Agents shall be strongly 

7 encouraged, but not required, to wear such body armor 

8 whenever practicable. All body armor shall be replaced not 

9 less than every 5 years. 

10 (b) WEAPONS.—The Secretary shall ensure that 

11 agents are equipped with weapons that are reliable and 

12 effective to protect themselves, their fellow agents, and in13 nocent third parties from the threats posed by armed 

14 criminals. The Secretary shall ensure that the policies of 

15 the Department authorize all agents to carry weapons that 

16 are suited to the potential threats that they face. 

17 (c) UNIFORMS.—The Secretary shall ensure that all 

18 agents are provided with all necessary uniform items, in19 cluding outerwear suited to the climate, footwear, belts, 

20 holsters, and personal protective equipment, at no cost to 

21 such agents. Such items shall be replaced at no cost to 

22 such agents as they become worn, unserviceable, or no 

23 longer fit properly. 


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1 SEC. 155. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary such sums as may be necessary for each of the fis4 cal years 2008 through 2012 to carry out this subtitle. 

5 TITLE II—INTERIOR 

6 ENFORCEMENT 

7 SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TER8 RORIST ALIENS. 

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

10 1158(b)(2)(A)(v)) is amended by striking ‘‘or (VI)’’ and 

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

12 (b) CANCELLATION OF REMOVAL.—Section 

13 240A(c)(4) (8 U.S.C. 1229b(c)(4)) is amended— 

14 (1) by striking ‘‘inadmissible under’’ and insert15 ing ‘‘described in’’; and 

16 (2) by striking ‘‘deportable under’’ and insert17 ing ‘‘described in’’. 

18 (c) VOLUNTARY DEPARTURE.—Section 

19 240B(b)(1)(C) (8 U.S.C. 1229c(b)(1)(C)) is amended by 

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

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

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

23 (d) RESTRICTION ON REMOVAL.—Section 

24 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended— 

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


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

2 end and inserting ‘‘; or’’; 

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

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

5 237(a)(4)(B) (other than an alien de6 scribed in section 212(a)(3)(B)(i)(IV) if 

7 the Secretary of Homeland Security deter8 mines that there are not reasonable 

9 grounds for regarding the alien as a dan10 ger to the security of the United States).’’; 

11 and 

12 (4) in the undesignated paragraph, by striking 

13 ‘‘For purposes of clause (iv), an alien who is de14 scribed in section 237(a)(4)(B) shall be considered 

15 to be an alien with respect to whom there are rea16 sonable grounds for regarding as a danger to the se17 curity of the United States.’’. 

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

19 1259) is amended to read as follows: 

20 ‘‘SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESI21 DENCE IN THE CASE OF CERTAIN ALIENS 

22 WHO ENTERED THE UNITED STATES PRIOR 

23 TO JANUARY 1, 1972. 

24 ‘‘A record of lawful admission for permanent resi25 dence may be made, in the discretion of the Secretary of 


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1 Homeland Security and under such regulations as the Sec2 retary may prescribe, for any alien, as of the date of the 

3 approval of the alien’s application or, if entry occurred be4 fore July 1, 1924, as of the date of such entry if no such 

5 record is otherwise available, if the alien establishes that 

6 the alien— 

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

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

9 procurers, other immoral persons, subversives, viola10 tors of the narcotics laws, or smugglers of aliens); 

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

12 1, 1972; 

13 ‘‘(3) has resided in the United States continu14 ously since such entry; 

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

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

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

18 (f) EFFECTIVE DATE AND APPLICATION.—The 

19 amendments made by this section shall— 

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

21 this Act; and 

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

23 ground for inadmissibility, excludability, or removal 

24 occurring or existing on or after the date of the en25 actment of this Act. 


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1 SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED 

2 REMOVED. 

3 (a) IN GENERAL.— 

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

5 1231(a)) is amended— 

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

7 first place it appears and inserting ‘‘Secretary 

8 of Homeland Security’’; 

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

10 other place it appears and inserting ‘‘Sec11 retary’’; 

12 (C) in paragraph (1)— 

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

14 clause (ii) to read as follows: 

15 ‘‘(ii) If a court, the Board of Immi16 gration Appeals, or an immigration judge 

17 orders a stay of the removal of the alien, 

18 the expiration date of the stay of re19 moval.’’; 

20 (ii) by amending subparagraph (C) to 

21 read as follows: 

22 ‘‘(C) EXTENSION OF PERIOD.—The re23 moval period shall be extended beyond a period 

24 of 90 days and the alien may remain in deten25 tion during such extended period if the alien 

26 fails or refuses to— 


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1 ‘‘(i) make all reasonable efforts to 

2 comply with the removal order; or 

3 ‘‘(ii) fully cooperate with the Sec4 retary’s efforts to establish the alien’s 

5 identity and carry out the removal order, 

6 including failing to make timely application 

7 in good faith for travel or other documents 

8 necessary to the alien’s departure, or con9 spiring or acting to prevent the alien’s re10 moval.’’; and 

11 (iii) by adding at the end the fol12 lowing: 

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

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

15 not in the custody of the Secretary under the 

16 authority of this Act, the removal period shall 

17 not begin until the alien is taken into such cus18 tody. If the Secretary lawfully transfers custody 

19 of the alien during the removal period to an20 other Federal agency or to a State or local gov21 ernment agency in connection with the official 

22 duties of such agency, the removal period shall 

23 be tolled, and shall recommence on the date on 

24 which the alien is returned to the custody of the 

25 Secretary.’’; 


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

2 the following: ‘‘If a court, the Board of Immi3 gration Appeals, or an immigration judge or4 ders a stay of removal of an alien who is sub5 ject to an administrative final order of removal, 

6 the Secretary, in the exercise of discretion, may 

7 detain the alien during the pendency of such 

8 stay of removal.’’; 

9 (E) in paragraph (3), by amending sub10 paragraph (D) to read as follows: 

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

12 alien’s conduct or activities, or to perform af13 firmative acts, that the Secretary prescribes for 

14 the alien— 

15 ‘‘(i) to prevent the alien from ab16 sconding; 

17 ‘‘(ii) for the protection of the commu18 nity; or 

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

20 enforcement of the immigration laws.’’; 

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

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

23 period, in the discretion of the Secretary, with24 out any limitations other than those specified in 


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

2 alien is released, the alien’’; 

3 (G) by redesignating paragraph (7) as 

4 paragraph (10); and 

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

6 following: 

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

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

9 Secretary of Homeland Security, in the Secretary’s 

10 discretion, may parole the alien under section 

11 212(d)(5) and may provide, notwithstanding section 

12 212(d)(5), that the alien shall not be returned to 

13 custody unless either the alien violates the conditions 

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

15 reasonably foreseeable, provided that in no cir16 cumstance shall such alien be considered admitted. 

17 ‘‘(8) ADDITIONAL RULES FOR DETENTION OR

18 RELEASE OF ALIENS.—The following procedures 

19 shall apply to an alien detained under this section: 

20 ‘‘(A) DETENTION REVIEW PROCESS FOR

21 ALIENS WHO HAVE EFFECTED AN ENTRY AND

22 FULLY COOPERATE WITH REMOVAL.—The Sec23 retary of Homeland Security shall establish an 

24 administrative review process to determine 

25 whether an alien described in subparagraph (B) 


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1 should be detained or released after the removal 

2 period in accordance with this paragraph. 

3 ‘‘(B) ALIEN DESCRIBED.—An alien is de4 scribed in this subparagraph if the alien— 

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

6 United States; 

7 ‘‘(ii) has made all reasonable efforts 

8 to comply with the alien’s removal order; 

9 ‘‘(iii) has cooperated fully with the 

10 Secretary’s efforts to establish the alien’s 

11 identity and to carry out the removal 

12 order, including making timely application 

13 in good faith for travel or other documents 

14 necessary for the alien’s departure; and 

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

16 prevent removal. 

17 ‘‘(C) EVIDENCE.—In making a determina18 tion under subparagraph (A), the Secretary— 

19 ‘‘(i) shall consider any evidence sub20 mitted by the alien; 

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

22 including— 

23 ‘‘(I) any information or assist24 ance provided by the Department of 

25 State or other Federal agency; and 


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1 ‘‘(II) any other information avail2 able to the Secretary pertaining to the 

3 ability to remove the alien. 

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

5 BEYOND REMOVAL PERIOD.—The Secretary, in 

6 the exercise of the Secretary’s discretion and 

7 without any limitations other than those speci8 fied in this section, may detain an alien for 90 

9 days beyond the removal period (including any 

10 extension of the removal period under para11 graph (1)(C)). 

12 ‘‘(E) AUTHORITY TO DETAIN FOR ADDI13 TIONAL PERIOD.—The Secretary, in the exer14 cise of the Secretary’s discretion and without 

15 any limitations other than those specified in 

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

17 day period authorized under subparagraph (D) 

18 until the alien is removed, if the Secretary— 

19 ‘‘(i) determines that there is a signifi20 cant likelihood that the alien will be re21 moved in the reasonably foreseeable future; 

22 or 

23 ‘‘(ii) certifies in writing— 

24 ‘‘(I) in consultation with the Sec25 retary of Health and Human Services, 


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1 that the alien has a highly contagious 

2 disease that poses a threat to public 

3 safety; 

4 ‘‘(II) after receipt of a written 

5 recommendation from the Secretary of 

6 State, that the release of the alien 

7 would likely have serious adverse for8 eign policy consequences for the 

9 United States; 

10 ‘‘(III) based on information avail11 able to the Secretary (including classi12 fied, sensitive, or national security in13 formation, and regardless of the 

14 grounds upon which the alien was or15 dered removed), that there is reason 

16 to believe that the release of the alien 

17 would threaten the national security 

18 of the United States; 

19 ‘‘(IV) that— 

20 ‘‘(aa) the release of the alien 

21 would threaten the safety of the 

22 community or any person, and 

23 conditions of release cannot rea24 sonably be expected to ensure the 


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1 safety of the community or any 

2 person; and 

3 ‘‘(bb) the alien— 

4 ‘‘(AA) has been con5 victed of 1 or more aggra6 vated felonies (as defined in 

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

8 1 or more attempts or con9 spiracies to commit any such 

10 aggravated felonies for an 

11 aggregate term of imprison12 ment of at least 5 years; or 

13 ‘‘(BB) has committed a 

14 crime of violence (as defined 

15 in section 16 of title 18, 

16 United States Code, but not 

17 including a purely political 

18 offense) and, because of a 

19 mental condition or person20 ality disorder and behavior 

21 associated with that condi22 tion or disorder, is likely to 

23 engage in acts of violence in 

24 the future; or 

25 ‘‘(V) that— 


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1 ‘‘(aa) the release of the alien 

2 would threaten the safety of the 

3 community or any person, not4 withstanding conditions of release 

5 designed to ensure the safety of 

6 the community or any person; 

7 and 

8 ‘‘(bb) the alien has been 

9 convicted of 1 or more aggra10 vated felonies (as defined in sec11 tion 101(a)(43)) for which the 

12 alien was sentenced to an aggre13 gate term of imprisonment of not 

14 less than 1 year. 

15 ‘‘(F) ADMINISTRATIVE REVIEW PROC16 ESS.—The Secretary, without any limitations 

17 other than those specified in this section, may 

18 detain an alien pending a determination under 

19 subparagraph (E)(ii), if the Secretary has initi20 ated the administrative review process identified 

21 in subparagraph (A) not later than 30 days 

22 after the expiration of the removal period (in23 cluding any extension of the removal period 

24 under paragraph (1)(C)). 


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1 ‘‘(G) RENEWAL AND DELEGATION OF CER2 TIFICATION.— 

3 ‘‘(i) RENEWAL.—The Secretary may 

4 renew a certification under subparagraph 

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

6 after providing the alien with an oppor7 tunity to request reconsideration of the 

8 certification and to submit documents or 

9 other evidence in support of that request. 

10 If the Secretary does not renew such cer11 tification, the Secretary shall release the 

12 alien, pursuant to subparagraph (H). 

13 ‘‘(ii) DELEGATION.—Notwithstanding 

14 any other provision of law, the Secretary 

15 may not delegate the authority to make or 

16 renew a certification described in subclause 

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

18 to any employee reporting to the Assistant 

19 Secretary for Immigration and Customs 

20 Enforcement. 

21 ‘‘(iii) HEARING.—The Secretary may 

22 request that the Attorney General, or a 

23 designee of the Attorney General, provide 

24 for a hearing to make the determination 


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1 described in subparagraph 

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

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

4 determined that an alien should be released 

5 from detention, the Secretary may, in the Sec6 retary’s discretion, impose conditions on release 

7 in accordance with the regulations prescribed 

8 pursuant to paragraph (3). 

9 ‘‘(I) REDETENTION.—The Secretary, with10 out any limitations other than those specified in 

11 this section, may detain any alien subject to a 

12 final removal order who has previously been re13 leased from custody if— 

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

15 conditions of release; 

16 ‘‘(ii) the alien fails to continue to sat17 isfy the conditions described in subpara18 graph (B); or 

19 ‘‘(iii) upon reconsideration, the Sec20 retary determines that the alien can be de21 tained under subparagraph (E). 

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

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

24 returned to custody under subparagraph (I) as 


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1 if the removal period terminated on the day of 

2 the redetention. 

3 ‘‘(K) DETENTION REVIEW PROCESS FOR

4 ALIENS WHO HAVE EFFECTED AN ENTRY AND

5 FAIL TO COOPERATE WITH REMOVAL.—The 

6 Secretary shall detain an alien until the alien 

7 makes all reasonable efforts to comply with a 

8 removal order and to cooperate fully with the 

9 Secretary’s efforts, if the alien— 

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

11 United States; and 

12 ‘‘(ii)(I) and the alien faces a signifi13 cant likelihood that the alien will be re14 moved in the reasonably foreseeable future, 

15 or would have been removed if the alien 

16 had not— 

17 ‘‘(aa) failed or refused to make 

18 all reasonable efforts to comply with a 

19 removal order; 

20 ‘‘(bb) failed or refused to fully 

21 cooperate with the Secretary’s efforts 

22 to establish the alien’s identity and 

23 carry out the removal order, including 

24 the failure to make timely application 

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1 ments necessary to the alien’s depar2 ture; or 

3 ‘‘(cc) conspired or acted to pre4 vent removal; or 

5 ‘‘(II) the Secretary makes a certifi6 cation as specified in subparagraph (E), or 

7 the renewal of a certification specified in 

8 subparagraph (G). 

9 ‘‘(L) DETENTION REVIEW PROCESS FOR

10 ALIENS WHO HAVE NOT EFFECTED AN

11 ENTRY.—Except as otherwise provided in this 

12 subparagraph, the Secretary shall follow the 

13 guidelines established in section 241.4 of title 8, 

14 Code of Federal Regulations, when detaining 

15 aliens who have not effected an entry. The Sec16 retary may decide to apply the review process 

17 outlined in this paragraph. 

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

19 place of confinement, judicial review of any action or 

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

21 shall be available exclusively in a habeas corpus pro22 ceeding brought in a United States district court 

23 and only if the alien has exhausted all administrative 

24 remedies 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; and 

10 (ii) any act or condition occurring or 

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

12 enactment of this Act. 

13 (b) CRIMINAL DETENTION OF ALIENS.—Section 

14 3142 of title 18, United States Code, is amended— 

15 (1) in subsection (e)— 

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

17 and (3) as subparagraphs (A), (B), and (C), re18 spectively; 

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

20 hearing’’; 

21 (C) in subparagraphs (B) and (C), as re22 designated, by striking ‘‘paragraph (1)’’ and in23 serting ‘‘subparagraph (A)’’; and 

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

25 redesignated, the following: 


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1 ‘‘(2) Subject to rebuttal by the person, it shall be pre2 sumed that no condition or combination of conditions will 

3 reasonably assure the appearance of the person as re4 quired if the judicial officer finds that there is probable 

5 cause to believe that the person— 

6 ‘‘(A) is an alien; and 

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

8 United States; 

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

10 or 

11 ‘‘(iii) has committed a felony offense under sec12 tion 911, 922(g)(5), 1015, 1028, 1425, or 1426 of 

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

14 243, 274, 275, 276, 277, or 278 of the Immigration 

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

16 1326, 2327, and 1328).’’; and 

17 (2) in subsection (g)(3)— 

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

19 ‘‘and’’ at the end; and 

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

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

22 and’’. 

23 SEC. 203. AGGRAVATED FELONY. 

24 (a) DEFINITION OF AGGRAVATED FELONY.—Section 

25 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended— 


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

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

3 provision of law (except for the provision providing 

4 an effective date for section 203 of the Comprehen5 sive Immigration Reform Act of 2007), the term ‘ag6 gravated felony’ applies to an offense described in 

7 this paragraph, whether in violation of Federal or 

8 State law and to such an offense in violation of the 

9 law of a foreign country, for which the term of im10 prisonment was completed within the previous 15 

11 years, even if the length of the term of imprisonment 

12 is based on recidivist or other enhancements and re13 gardless of whether the conviction was entered be14 fore, on, or after September 30, 1996, and 

15 means—’’; 

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

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

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

19 or not the minority of the victim is established by 

20 evidence contained in the record of conviction or by 

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

22 (3) in subparagraph (N), by striking ‘‘para23 graph (1)(A) or (2) of’’; 

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

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1 viously deported on the basis of a conviction for an 

2 offense described in another subparagraph of this 

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

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

5 (5) in subparagraph (U), by striking ‘‘an at6 tempt or conspiracy to commit an offense described 

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

8 an offense described in this paragraph, or soliciting, 

9 counseling, procuring, commanding, or inducing an10 other, attempting, or conspiring to commit such an 

11 offense’’; and 

12 (6) by striking the undesignated matter fol13 lowing subparagraph (U). 

14 (b) EFFECTIVE DATE AND APPLICATION.— 

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

16 subsection (a) shall— 

17 (A) take effect on the date of the enact18 ment of this Act; and 

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

20 after the date of the enactment of this Act. 

21 (2) APPLICATION OF IIRAIRA AMENDMENTS.— 

22 The amendments to section 101(a)(43) of the Immi23 gration and Nationality Act made by section 321 of 

24 the Illegal Immigration Reform and Immigrant Re25 sponsibility Act of 1996 (division C of Public Law 


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1 104–208; 110 Stat. 3009–627) shall continue to 

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

3 or after September 30, 1996. 

4 SEC. 204. TERRORIST BARS. 

5 (a) DEFINITION OF GOOD MORAL CHARACTER.— 

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

7 (1) by inserting after paragraph (1) the fol8 lowing: 

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

10 237(a)(4), as determined by the Secretary of Home11 land Security or Attorney General based upon any 

12 relevant information or evidence, including classified, 

13 sensitive, or national security information;’’; 

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

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

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

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

18 time of the conviction, unless— 

19 ‘‘(A) the person completed the term of im20 prisonment and sentence not later than 10 

21 years before the date of application; and 

22 ‘‘(B) the Secretary of Homeland Security 

23 or the Attorney General waives the application 

24 of this paragraph; or’’; and 


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1 (3) in the undesignated matter following para2 graph (9), by striking ‘‘a finding that for other rea3 sons such person is or was not of good moral char4 acter’’ and inserting the following: ‘‘a discretionary 

5 finding for other reasons that such a person is or 

6 was not of good moral character. In determining an 

7 applicant’s moral character, the Secretary of Home8 land Security and the Attorney General may take 

9 into consideration the applicant’s conduct and acts 

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

11 which good moral character is required.’’. 

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

13 U.S.C. 1154(b)) is amended by adding at the end the fol14 lowing: ‘‘A petition may not be approved under this section 

15 if there is any administrative or judicial proceeding 

16 (whether civil or criminal) pending against the petitioner 

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

18 denaturalization or the loss of the petitioner’s lawful per19 manent resident status.’’. 

20 (c) CONDITIONAL PERMANENT RESIDENT STATUS.— 

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

22 1186a(e)) is amended by inserting ‘‘if the alien has 

23 had the conditional basis removed pursuant to this 

24 section’’ before the period at the end. 


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1 (2) CERTAIN ALIEN ENTREPRENEURS.—Section 

2 216A(e) (8 U.S.C. 1186b(e)) is amended by insert3 ing ‘‘if the alien has had the conditional basis re4 moved pursuant to this section’’ before the period at 

5 the end. 

6 (d) JUDICIAL REVIEW OF NATURALIZATION APPLI7 CATIONS.—Section 310(c) (8 U.S.C. 1421(c)) is amend8 ed— 

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

10 the Secretary of Homeland Security’s final deter11 mination,’’ after ‘‘may’’; and 

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

13 that in any proceeding, other than a proceeding 

14 under section 340, the court shall review for sub15 stantial evidence the administrative record and find16 ings of the Secretary of Homeland Security regard17 ing whether an alien is a person of good moral char18 acter, understands and is attached to the principles 

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

20 disposed to the good order and happiness of the 

21 United States. The petitioner shall have the burden 

22 of showing that the Secretary’s denial of the applica23 tion was contrary to law.’’. 


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1 (e) PERSONS ENDANGERING NATIONAL SECURITY.— 

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

3 end the following: 

4 ‘‘(g) PERSONS ENDANGERING THE NATIONAL SECU5 RITY.—A person may not be naturalized if the Secretary 

6 of Homeland Security determines, based upon any rel7 evant information or evidence, including classified, sen8 sitive, or national security information, that the person 

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

10 237(a)(4).’’. 

11 (f) CONCURRENT NATURALIZATION AND REMOVAL

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

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

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

15 court if there is pending against the applicant any removal 

16 proceeding or other proceeding to determine the appli17 cant’s inadmissibility or deportability, or to determine 

18 whether the applicant’s lawful permanent resident status 

19 should be rescinded, regardless of when such proceeding 

20 was commenced. The findings of the Attorney General in 

21 terminating removal proceedings or canceling the removal 

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

23 in any way upon the Secretary of Homeland Security with 

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1 lished eligibility for naturalization in accordance with this 

2 title.’’. 

3 (g) DISTRICT COURT JURISDICTION.—Section 

4 336(b) (8 U.S.C. 1447(b)) is amended to read as follows: 

5 ‘‘(b) REQUEST FOR HEARING BEFORE DISTRICT

6 COURT.—If there is a failure to render a final administra7 tive decision under section 335 before the end of the 180- 

8 day period beginning on the date on which the Secretary 

9 of Homeland Security completes all examinations and 

10 interviews required under such section, the applicant may 

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

12 applicant resides for a hearing on the matter. The Sec13 retary shall notify the applicant when such examinations 

14 and interviews have been completed. Such district court 

15 shall only have jurisdiction to review the basis for delay 

16 and remand the matter, with appropriate instructions, to 

17 the Secretary for the Secretary’s determination on the ap18 plication.’’. 

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

20 this section— 

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

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

24 after such date of enactment. 


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1 SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO 

2 GANG VIOLENCE, REMOVAL, AND ALIEN 

3 SMUGGLING. 

4 (a) CRIMINAL STREET GANGS.— 

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

6 U.S.C. 1182(a)(2)) is amended— 

7 (A) by redesignating subparagraph (F) as 

8 subparagraph (J); and 

9 (B) by inserting after subparagraph (E) 

10 the following: 

11 ‘‘(F) MEMBERS OF CRIMINAL STREET

12 GANGS.—Unless the Secretary of Homeland Se13 curity or the Attorney General waives the appli14 cation of this subparagraph, any alien who a 

15 consular officer, the Attorney General, or the 

16 Secretary of Homeland Security knows or has 

17 reason to believe— 

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

19 criminal street gang (as defined in section 

20 521(a) of title 18, United States Code); or 

21 ‘‘(ii) has participated in the activities 

22 of a criminal street gang, knowing or hav23 ing reason to know that such activities pro24 moted, furthered, aided, or supported the 

25 illegal activity of the criminal gang, 

26 is inadmissible.’’. 


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

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

3 the following: 

4 ‘‘(F) MEMBERS OF CRIMINAL STREET

5 GANGS.—Unless the Secretary of Homeland Se6 curity or the Attorney General waives the appli7 cation of this subparagraph, any alien who the 

8 Secretary of Homeland Security or the Attorney 

9 General knows or has reason to believe— 

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

11 has been, a member of a criminal street 

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

13 18, United States Code); or 

14 ‘‘(ii) has participated in the activities 

15 of a criminal street gang, knowing or hav16 ing reason to know that such activities pro17 moted, furthered, aided, or supported the 

18 illegal activity of the criminal gang, 

19 is deportable.’’. 

20 (3) TEMPORARY PROTECTED STATUS.—Section 

21 244 (8 U.S.C. 1254a) is amended— 

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

23 place it appears and inserting ‘‘Secretary of 

24 Homeland Security’’; 

25 (B) in subsection (b)(3)— 


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

2 the last sentence and inserting the fol3 lowing: ‘‘Notwithstanding any other provi4 sion of this section, the Secretary of 

5 Homeland Security may, for any reason 

6 (including national security), terminate or 

7 modify any designation under this section. 

8 Such termination or modification is effec9 tive upon publication in the Federal Reg10 ister, or after such time as the Secretary 

11 may designate in the Federal Register.’’; 

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

13 ‘‘a period of 12 or 18 months’’ and insert14 ing ‘‘any other period not to exceed 18 

15 months’’; 

16 (C) in subsection (c)— 

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

18 ‘‘The amount of any such fee shall not ex19 ceed $50.’’; 

20 (ii) in paragraph (2)(B)— 

21 (I) in clause (i), by striking ‘‘, 

22 or’’ at the end; 

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

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

25 and 


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1 (III) by adding at the end the 

2 following: 

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

4 admission has been, a member of a crimi5 nal street gang (as defined in section 

6 521(a) of title 18, United States Code).’’; 

7 and 

8 (D) in subsection (d)— 

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

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

11 end the following: ‘‘The Secretary of 

12 Homeland Security may detain an alien 

13 provided temporary protected status under 

14 this section whenever appropriate under 

15 any other provision of law.’’. 

16 (b) PENALTIES RELATED TO REMOVAL.—Section 

17 243 (8 U.S.C. 1253) is amended— 

18 (1) in subsection (a)(1)— 

19 (A) in the matter preceding subparagraph 

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

21 and 

22 (B) in the matter following subparagraph 

23 (D)— 

24 (i) by striking ‘‘or imprisoned not 

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


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1 imprisoned for not less than 6 months or 

2 more than 5 years’’; and 

3 (ii) by striking ‘‘, or both’’; 

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

5 than $1000 or imprisoned for not more than one 

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

7 States Code, and imprisoned for not less than 6 

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

9 10 years if the alien is a member of any of the class10 es described in paragraphs (1)(E), (2), (3), and (4) 

11 of section 237(a)).’’; and 

12 (3) by amending subsection (d) to read as fol13 lows: 

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

15 DENYING OR DELAYING ACCEPTING ALIEN.—The Sec16 retary of Homeland Security, after making a determina17 tion that the government of a foreign country has denied 

18 or unreasonably delayed accepting an alien who is a cit19 izen, subject, national, or resident of that country after 

20 the alien has been ordered removed, and after consultation 

21 with the Secretary of State, may instruct the Secretary 

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

23 or resident of that country until the country accepts the 

24 alien that was ordered removed.’’. 

25 (c) ALIEN SMUGGLING AND RELATED OFFENSES.— 


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

2 1324), is amended to read as follows: 

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

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

5 ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro6 vided in paragraph (3), a person shall be punished 

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

8 ‘‘(A) facilitates, encourages, directs, or in9 duces a person to come to or enter the United 

10 States, or to cross the border to the United 

11 States, knowing or in reckless disregard of the 

12 fact that such person is an alien who lacks law13 ful authority to come to, enter, or cross the bor14 der to the United States; 

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

17 States, or to cross the border to the United 

18 States, at a place other than a designated port 

19 of entry or place other than as designated by 

20 the Secretary of Homeland Security, knowing 

21 or in reckless disregard of the fact that such 

22 person is an alien and regardless of whether 

23 such alien has official permission or lawful au24 thority to be in the United States; 


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

2 or shields from detection a person outside of 

3 the United States knowing or in reckless dis4 regard of the fact that such person is an alien 

5 in unlawful transit from 1 country to another 

6 or on the high seas, under circumstances in 

7 which the alien is seeking to enter the United 

8 States without official permission or legal au9 thority; 

10 ‘‘(D) encourages or induces a person to re11 side in the United States, knowing or in reck12 less disregard of the fact that such person is an 

13 alien who lacks lawful authority to reside in the 

14 United States; 

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

16 United States, knowing or in reckless disregard 

17 of the fact that such person is an alien who 

18 lacks lawful authority to enter or be in the 

19 United States, if the transportation or move20 ment will further the alien’s illegal entry into or 

21 illegal presence in the United States; 

22 ‘‘(F) harbors, conceals, or shields from de23 tection a person in the United States, knowing 

24 or in reckless disregard of the fact that such 


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1 person is an alien who lacks lawful authority to 

2 be in the United States; or 

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

4 of the acts described in subparagraphs (A) 

5 through (F). 

6 ‘‘(2) CRIMINAL PENALTIES.—A person who vio7 lates any provision under paragraph (1)— 

8 ‘‘(A) except as provided in subparagraphs 

9 (C) through (G), if the offense was not com10 mitted for commercial advantage, profit, or pri11 vate financial gain, shall be fined under title 18, 

12 United States Code, imprisoned for not more 

13 than 5 years, or both; 

14 ‘‘(B) except as provided in subparagraphs 

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

16 for commercial advantage, profit, or private fi17 nancial gain— 

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

19 first violation under this subparagraph, 

20 shall be fined under such title, imprisoned 

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

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

23 second or subsequent violation of this sub24 paragraph, shall be fined under such title, 


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1 imprisoned for not less than 3 years or 

2 more than 20 years, or both; 

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

4 commission of any other offense against the 

5 United States or any State that is punishable 

6 by imprisonment for more than 1 year, shall be 

7 fined under such title, imprisoned for not less 

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

9 ‘‘(D) shall be fined under such title, im10 prisoned not less than 5 years or more than 20 

11 years, or both, if the offense created a substan12 tial and foreseeable risk of death, a substantial 

13 and foreseeable risk of serious bodily injury (as 

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

15 States Code), or inhumane conditions to an16 other person, including— 

17 ‘‘(i) transporting the person in an en18 gine compartment, storage compartment, 

19 or other confined space; 

20 ‘‘(ii) transporting the person at an ex21 cessive speed or in excess of the rated ca22 pacity of the means of transportation; or 

23 ‘‘(iii) transporting the person in, har24 boring the person in, or otherwise subVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 jecting the person to crowded or dangerous 

2 conditions; 

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

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

5 United States Code) to any person, shall be 

6 fined under such title, imprisoned for not less 

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

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

9 imprisoned for not less than 10 years or more 

10 than 30 years if the offense involved an alien 

11 who the offender knew or had reason to believe 

12 was— 

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

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

15 ‘‘(ii) intending to engage in terrorist 

16 activity; 

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

18 the death of any person, shall be punished by 

19 death or imprisoned for a term of years not less 

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

21 title 18, United States Code. 

22 ‘‘(3) LIMITATION.—It is not a violation of sub23 paragraph (D), (E), or (F) of paragraph (1)— 

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

25 bona fide nonprofit, religious organization in 


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1 the United States, or the agents or officers of 

2 such denomination or organization, to encour3 age, invite, call, allow, or enable an alien who 

4 is present in the United States to perform the 

5 vocation of a minister or missionary for the de6 nomination or organization in the United States 

7 as a volunteer who is not compensated as an 

8 employee, notwithstanding the provision of 

9 room, board, travel, medical assistance, and 

10 other basic living expenses, provided the min11 ister or missionary has been a member of the 

12 denomination for at least 1 year; or 

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

14 previously convicted of a violation of this sec15 tion, to provide an alien who is present in the 

16 United States with humanitarian assistance, in17 cluding medical care, housing, counseling, vic18 tim services, and food, or to transport the alien 

19 to a location where such assistance can be ren20 dered. 

21 ‘‘(4) EXTRATERRITORIAL JURISDICTION.— 

22 There is extraterritorial Federal jurisdiction over the 

23 offenses described in this subsection. 

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


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

2 Any person who, during any 12-month period, know3 ingly employs 10 or more individuals with actual 

4 knowledge or in reckless disregard of the fact that 

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

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

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

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

9 paragraph is an alien who— 

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

11 in section 274A(i)); 

12 ‘‘(B) is present in the United States with13 out lawful authority; and 

14 ‘‘(C) has been brought into the United 

15 States in violation of this subsection. 

16 ‘‘(c) SEIZURE AND FORFEITURE.— 

17 ‘‘(1) IN GENERAL.—Any real or personal prop18 erty used to commit or facilitate the commission of 

19 a violation of this section, the gross proceeds of such 

20 violation, and any property traceable to such prop21 erty or proceeds, shall be subject to forfeiture. 

22 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and 

23 forfeitures under this subsection shall be governed 

24 by the provisions of chapter 46 of title 18, United 

25 States Code, relating to civil forfeitures, except that 


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•S 1348 PCS

1 such duties as are imposed upon the Secretary of 

2 the Treasury under the customs laws described in 

3 section 981(d) shall be performed by such officers, 

4 agents, and other persons as may be designated for 

5 that purpose by the Secretary of Homeland Security. 

6 ‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA7 TIONS OF VIOLATIONS.—In determining whether a 

8 violation of subsection (a) has occurred, prima facie 

9 evidence that an alien involved in the alleged viola10 tion lacks lawful authority to come to, enter, reside 

11 in, remain in, or be in the United States or that 

12 such alien had come to, entered, resided in, re13 mained in, or been present in the United States in 

14 violation of law shall include— 

15 ‘‘(A) any order, finding, or determination 

16 concerning the alien’s status or lack of status 

17 made by a Federal judge or administrative ad18 judicator (including an immigration judge or 

19 immigration officer) during any judicial or ad20 ministrative proceeding authorized under Fed21 eral immigration law; 

22 ‘‘(B) official records of the Department of 

23 Homeland Security, the Department of Justice, 

24 or the Department of State concerning the 

25 alien’s status or lack of status; and 


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1 ‘‘(C) testimony by an immigration officer 

2 having personal knowledge of the facts con3 cerning the alien’s status or lack of status. 

4 ‘‘(d) AUTHORITY TO ARREST.—No officer or person 

5 shall have authority to make any arrests for a violation 

6 of any provision of this section except— 

7 ‘‘(1) officers and employees designated by the 

8 Secretary of Homeland Security, either individually 

9 or as a member of a class; and 

10 ‘‘(2) other officers responsible for the enforce11 ment of Federal criminal laws. 

12 ‘‘(e) ADMISSIBILITY OF VIDEOTAPED WITNESS TES13 TIMONY.—Notwithstanding any provision of the Federal 

14 Rules of Evidence, the videotaped or otherwise audio15 visually preserved deposition of a witness to a violation 

16 of subsection (a) who has been deported or otherwise ex17 pelled from the United States, or is otherwise unavailable 

18 to testify, may be admitted into evidence in an action 

19 brought for that violation if— 

20 ‘‘(1) the witness was available for cross exam21 ination at the deposition by the party, if any, oppos22 ing admission of the testimony; and 

23 ‘‘(2) the deposition otherwise complies with the 

24 Federal Rules of Evidence. 

25 ‘‘(f) OUTREACH PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

2 Security, in consultation with the Attorney General 

3 and the Secretary of State, as appropriate, shall— 

4 ‘‘(A) develop and implement an outreach 

5 program to educate people in and out of the 

6 United States about the penalties for bringing 

7 in and harboring aliens in violation of this sec8 tion; and 

9 ‘‘(B) establish the American Local and In10 terior Enforcement Needs (ALIEN) Task Force 

11 to identify and respond to the use of Federal, 

12 State, and local transportation infrastructure to 

13 further the trafficking of unlawful aliens within 

14 the United States. 

15 ‘‘(2) FIELD OFFICES.—The Secretary of Home16 land Security, after consulting with State and local 

17 government officials, shall establish such field offices 

18 as may be necessary to carry out this subsection. 

19 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated such sums 

21 are necessary for the fiscal years 2008 through 2012 

22 to carry out this subsection. 

23 ‘‘(g) DEFINITIONS.—In this section: 

24 ‘‘(1) CROSSED THE BORDER INTO THE UNITED

25 STATES.—An alien is deemed to have crossed the 


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•S 1348 PCS

1 border into the United States regardless of whether 

2 the alien is free from official restraint. 

3 ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful 

4 authority’ means permission, authorization, or li5 cense that is expressly provided for in the immigra6 tion laws of the United States or accompanying reg7 ulations. The term does not include any such au8 thority secured by fraud or otherwise obtained in 

9 violation of law or authority sought, but not ap10 proved. No alien shall be deemed to have lawful au11 thority to come to, enter, reside in, remain in, or be 

12 in the United States if such coming to, entry, resi13 dence, remaining, or presence was, is, or would be 

14 in violation of law. 

15 ‘‘(3) PROCEEDS.—The term ‘proceeds’ includes 

16 any property or interest in property obtained or re17 tained as a consequence of an act or omission in vio18 lation of this section. 

19 ‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlawful 

20 transit’ means travel, movement, or temporary pres21 ence that violates the laws of any country in which 

22 the alien is present or any country from which the 

23 alien is traveling or moving.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of con2 tents is amended by striking the item relating to sec3 tion 274 and inserting the following: 

‘‘Sec. 274. Alien smuggling and related offenses.’’. 

4 (d) PROHIBITING CARRYING OR USING A FIREARM

5 DURING AND IN RELATION TO AN ALIEN SMUGGLING

6 CRIME.—Section 924(c) of title 18, United States Code, 

7 is amended— 

8 (1) in paragraph (1)— 

9 (A) in subparagraph (A), by inserting ‘‘, 

10 alien smuggling crime,’’ after ‘‘any crime of vio11 lence’’; 

12 (B) in subparagraph (A), by inserting ‘‘, 

13 alien smuggling crime,’’ after ‘‘such crime of vi14 olence’’; 

15 (C) in subparagraph (D)(ii), by inserting 

16 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio17 lence’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(6) For purposes of this subsection, the term ‘alien 

20 smuggling crime’ means any felony punishable under sec21 tion 274(a), 277, or 278 of the Immigration and Nation22 ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 

23 SEC. 206. ILLEGAL ENTRY. 

24 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 

25 amended to read as follows: 


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1 ‘‘SEC. 275. ILLEGAL ENTRY. 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) CRIMINAL OFFENSES.—An alien shall be 

4 subject to the penalties set forth in paragraph (2) if 

5 the alien— 

6 ‘‘(A) knowingly enters or crosses the bor7 der into the United States at any time or place 

8 other than as designated by the Secretary of 

9 Homeland Security; 

10 ‘‘(B) knowingly eludes examination or in11 spection by an immigration officer (including 

12 failing to stop at the command of such officer), 

13 or a customs or agriculture inspection at a port 

14 of entry; or 

15 ‘‘(C) knowingly enters or crosses the bor16 der to the United States by means of a know17 ingly false or misleading representation or the 

18 knowing concealment of a material fact (includ19 ing such representation or concealment in the 

20 context of arrival, reporting, entry, or clearance 

21 requirements of the customs laws, immigration 

22 laws, agriculture laws, or shipping laws). 

23 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

24 violates any provision under paragraph (1)— 


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1 ‘‘(A) shall, for the first violation, be fined 

2 under title 18, United States Code, imprisoned 

3 not more than 6 months, or both; 

4 ‘‘(B) shall, for a second or subsequent vio5 lation, or following an order of voluntary depar6 ture, be fined under such title, imprisoned not 

7 more than 2 years, or both; 

8 ‘‘(C) if the violation occurred after the 

9 alien had been convicted of 3 or more mis10 demeanors or for a felony, shall be fined under 

11 such title, imprisoned not more than 10 years, 

12 or both; 

13 ‘‘(D) if the violation occurred after the 

14 alien had been convicted of a felony for which 

15 the alien received a term of imprisonment of 

16 not less than 30 months, shall be fined under 

17 such title, imprisoned not more than 15 years, 

18 or both; and 

19 ‘‘(E) if the violation occurred after the 

20 alien had been convicted of a felony for which 

21 the alien received a term of imprisonment of 

22 not less than 60 months, such alien shall be 

23 fined under such title, imprisoned not more 

24 than 20 years, or both. 


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1 ‘‘(3) PRIOR CONVICTIONS.—The prior convic2 tions described in subparagraphs (C) through (E) of 

3 paragraph (2) are elements of the offenses described 

4 in that paragraph and the penalties in such subpara5 graphs shall apply only in cases in which the convic6 tion or convictions that form the basis for the addi7 tional penalty are— 

8 ‘‘(A) alleged in the indictment or informa9 tion; and 

10 ‘‘(B) proven beyond a reasonable doubt at 

11 trial or admitted by the defendant. 

12 ‘‘(4) DURATION OF OFFENSE.—An offense 

13 under this subsection continues until the alien is dis14 covered within the United States by an immigration 

15 officer. 

16 ‘‘(5) ATTEMPT.—Whoever attempts to commit 

17 any offense under this section shall be punished in 

18 the same manner as for a completion of such of19 fense. 

20 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN21 ALTIES.— 

22 ‘‘(1) IN GENERAL.—Any alien who is appre23 hended while entering, attempting to enter, or know24 ingly crossing or attempting to cross the border to 

25 the United States at a time or place other than as 


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•S 1348 PCS

1 designated by immigration officers shall be subject 

2 to a civil penalty, in addition to any criminal or 

3 other civil penalties that may be imposed under any 

4 other provision of law, in an amount equal to— 

5 ‘‘(A) not less than $50 or more than $250 

6 for each such entry, crossing, attempted entry, 

7 or attempted crossing; or 

8 ‘‘(B) twice the amount specified in para9 graph (1) if the alien had previously been sub10 ject to a civil penalty under this subsection. 

11 ‘‘(2) CROSSED THE BORDER DEFINED.—In this 

12 section, an alien is deemed to have crossed the bor13 der if the act was voluntary, regardless of whether 

14 the alien was under observation at the time of the 

15 crossing.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 is amended by striking the item relating to section 275 

18 and inserting the following: 

‘‘Sec. 275. Illegal entry.’’. 

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 ALIENS. 

23 ‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 

24 has been denied admission, excluded, deported, or re25 moved, or who has departed the United States while an 


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•S 1348 PCS

1 order of exclusion, deportation, or removal is outstanding, 

2 and subsequently enters, attempts to enter, crosses the 

3 border to, attempts to cross the border to, or is at any 

4 time found in the United States, shall be fined under title 

5 18, United States Code, imprisoned not more than 2 

6 years, or both. 

7 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not8 withstanding the penalty provided in subsection (a), if an 

9 alien described in that subsection— 

10 ‘‘(1) was convicted for 3 or more misdemeanors 

11 or a felony before such removal or departure, the 

12 alien shall be fined under title 18, United States 

13 Code, imprisoned not more than 10 years, or both; 

14 ‘‘(2) was convicted for a felony before such re15 moval or departure for which the alien was sen16 tenced to a term of imprisonment of not less than 

17 30 months, the alien shall be fined under such title, 

18 imprisoned not more than 15 years, or both; 

19 ‘‘(3) was convicted for a felony before such re20 moval or departure for which the alien was sen21 tenced to a term of imprisonment of not less than 

22 60 months, the alien shall be fined under such title, 

23 imprisoned not more than 20 years, or both; 

24 ‘‘(4) was convicted for 3 felonies before such re25 moval or departure, the alien shall be fined under 


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•S 1348 PCS

1 such title, imprisoned not more than 20 years, or 

2 both; or 

3 ‘‘(5) was convicted, before such removal or de4 parture, for murder, rape, kidnaping, or a felony of5 fense described in chapter 77 (relating to peonage 

6 and slavery) or 113B (relating to terrorism) of such 

7 title, the alien shall be fined under such title, impris8 oned not more than 20 years, or both. 

9 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

10 alien who has been denied admission, excluded, deported, 

11 or removed 3 or more times and thereafter enters, at12 tempts to enter, crosses the border to, attempts to cross 

13 the border to, or is at any time found in the United States, 

14 shall be fined under title 18, United States Code, impris15 oned not more than 10 years, or both. 

16 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

17 convictions described in subsection (b) are elements of the 

18 crimes described in that subsection, and the penalties in 

19 that subsection shall apply only in cases in which the con20 viction or convictions that form the basis for the additional 

21 penalty are— 

22 ‘‘(1) alleged in the indictment or information; 

23 and 

24 ‘‘(2) proven beyond a reasonable doubt at trial 

25 or admitted by the defendant. 


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1 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af2 firmative defense to a violation of this section that— 

3 ‘‘(1) prior to the alleged violation, the alien had 

4 sought and received the express consent of the Sec5 retary of Homeland Security to reapply for admis6 sion into the United States; or 

7 ‘‘(2) with respect to an alien previously denied 

8 admission and removed, the alien— 

9 ‘‘(A) was not required to obtain such ad10 vance consent under the Immigration and Na11 tionality Act or any prior Act; and 

12 ‘‘(B) had complied with all other laws and 

13 regulations governing the alien’s admission into 

14 the United States. 

15 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN16 DERLYING REMOVAL ORDER.—In a criminal proceeding 

17 under this section, an alien may not challenge the validity 

18 of any prior removal order concerning the alien unless the 

19 alien demonstrates by clear and convincing evidence 

20 that— 

21 ‘‘(1) the alien exhausted all administrative rem22 edies that may have been available to seek relief 

23 against the order; 


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1 ‘‘(2) the removal proceedings at which the order 

2 was issued improperly deprived the alien of the op3 portunity for judicial review; and 

4 ‘‘(3) the entry of the order was fundamentally 

5 unfair. 

6 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM7 PLETION OF TERM OF IMPRISONMENT.—Any alien re8 moved pursuant to section 241(a)(4) who enters, attempts 

9 to enter, crosses the border to, attempts to cross the bor10 der to, or is at any time found in, the United States shall 

11 be incarcerated for the remainder of the sentence of im12 prisonment which was pending at the time of deportation 

13 without any reduction for parole or supervised release un14 less the alien affirmatively demonstrates that the Sec15 retary of Homeland Security has expressly consented to 

16 the alien’s reentry. Such alien shall be subject to such 

17 other penalties relating to the reentry of removed aliens 

18 as may be available under this section or any other provi19 sion of law. 

20 ‘‘(h) LIMITATION.—It is not aiding and abetting a 

21 violation of this section for an individual to provide an 

22 alien with emergency humanitarian assistance, including 

23 emergency medical care and food, or to transport the alien 

24 to a location where such assistance can be rendered with25 out compensation or the expectation of compensation. 


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1 ‘‘(i) DEFINITIONS.—In this section: 

2 ‘‘(1) CROSSES THE BORDER.—The term 

3 ‘crosses the border’ applies if an alien acts volun4 tarily, regardless of whether the alien was under ob5 servation at the time of the crossing. 

6 ‘‘(2) FELONY.—Term ‘felony’ means any crimi7 nal offense punishable by a term of imprisonment of 

8 more than 1 year under the laws of the United 

9 States, any State, or a foreign government. 

10 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 

11 means any criminal offense punishable by a term of 

12 imprisonment of not more than 1 year under the ap13 plicable laws of the United States, any State, or a 

14 foreign government. 

15 ‘‘(4) REMOVAL.—The term ‘removal’ includes 

16 any denial of admission, exclusion, deportation, or 

17 removal, or any agreement by which an alien stipu18 lates or agrees to exclusion, deportation, or removal. 

19 ‘‘(5) STATE.—The term ‘State’ means a State 

20 of the United States, the District of Columbia, and 

21 any commonwealth, territory, or possession of the 

22 United States.’’. 

23 SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

24 FRAUD OFFENSES. 

25 (a) PASSPORT, VISA, AND IMMIGRATION FRAUD.— 


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1 (1) IN GENERAL.—Chapter 75 of title 18, 

2 United States Code, is amended to read as follows: 

3 ‘‘CHAPTER 75—PASSPORT, VISA, AND 

4 IMMIGRATION FRAUD 

‘‘Sec. 

‘‘1541. Trafficking in passports. 

‘‘1542. False statement in an application for a passport. 

‘‘1543. Forgery and unlawful production of a passport. 

‘‘1544. Misuse of a passport. 

‘‘1545. Schemes to defraud aliens. 

‘‘1546. Immigration and visa fraud. 

‘‘1547. Marriage fraud. 

‘‘1548. Attempts and conspiracies. 

‘‘1549. Alternative penalties for certain offenses. 

‘‘1550. Seizure and forfeiture. 

‘‘1551. Additional jurisdiction. 

‘‘1552. Additional venue. 

‘‘1553. Definitions. 

‘‘1554. Authorized law enforcement activities. 

‘‘1555. Exception for refugees and asylees. 

5 ‘‘§ 1541. Trafficking in passports 

6 ‘‘(a) MULTIPLE PASSPORTS.—Any person who, dur7 ing any 3-year period, knowingly— 

8 ‘‘(1) and without lawful authority produces, 

9 issues, or transfers 10 or more passports; 

10 ‘‘(2) forges, counterfeits, alters, or falsely 

11 makes 10 or more passports; 

12 ‘‘(3) secures, possesses, uses, receives, buys, 

13 sells, or distributes 10 or more passports, knowing 

14 the passports to be forged, counterfeited, altered, 

15 falsely made, stolen, procured by fraud, or produced 

16 or issued without lawful authority; or 

17 ‘‘(4) completes, mails, prepares, presents, signs, 

18 or submits 10 or more applications for a United 


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1 States passport (including any supporting docu2 mentation), knowing the applications to contain any 

3 false statement or representation, 

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

5 20 years, or both. 

6 ‘‘(b) PASSPORT MATERIALS.—Any person who know7 ingly and without lawful authority produces, counterfeits, 

8 secures, possesses, or uses any official paper, seal, 

9 hologram, image, text, symbol, stamp, engraving, plate, or 

10 other material used to make a passport shall be fined 

11 under this title, imprisoned not more than 20 years, or 

12 both. 

13 ‘‘§ 1542. False statement in an application for a pass14 port 

15 ‘‘Any person who knowingly— 

16 ‘‘(1) makes any false statement or representa17 tion in an application for a United States passport 

18 (including any supporting documentation); 

19 ‘‘(2) completes, mails, prepares, presents, signs, 

20 or submits an application for a United States pass21 port (including any supporting documentation) 

22 knowing the application to contain any false state23 ment or representation; or 

24 ‘‘(3) causes or attempts to cause the production 

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1 tion for a United States passport (including any 

2 supporting documentation), if such production oc3 curs or would occur at a facility authorized by the 

4 Secretary of State for the production of passports, 

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

6 15 years, or both. 

7 ‘‘§ 1543. Forgery and unlawful production of a pass8 port 

9 ‘‘(a) FORGERY.—Any person who— 

10 ‘‘(1) knowingly forges, counterfeits, alters, or 

11 falsely makes any passport; or 

12 ‘‘(2) knowingly transfers any passport knowing 

13 it to be forged, counterfeited, altered, falsely made, 

14 stolen, or to have been produced or issued without 

15 lawful authority, 

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

17 15 years, or both. 

18 ‘‘(b) UNLAWFUL PRODUCTION.—Any person who 

19 knowingly and without lawful authority— 

20 ‘‘(1) produces, issues, authorizes, or verifies a 

21 passport in violation of the laws, regulations, or 

22 rules governing the issuance of the passport; 

23 ‘‘(2) produces, issues, authorizes, or verifies a 

24 United States passport for or to any person not 

25 owing allegiance to the United States; or 


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1 ‘‘(3) transfers or furnishes a passport to a per2 son for use when such person is not the person for 

3 whom the passport was issued or designed, 

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

5 15 years, or both. 

6 ‘‘§ 1544. Misuse of a passport 

7 ‘‘(a) IN GENERAL.—Any person who knowingly— 

8 ‘‘(1) uses any passport issued or designed for 

9 the use of another; 

10 ‘‘(2) uses any passport in violation of the condi11 tions or restrictions therein contained, or in violation 

12 of the laws, regulations, or rules governing the 

13 issuance and use of the passport; 

14 ‘‘(3) secures, possesses, uses, receives, buys, 

15 sells, or distributes any passport knowing it to be 

16 forged, counterfeited, altered, falsely made, procured 

17 by fraud, or produced or issued without lawful au18 thority; or 

19 ‘‘(4) violates the terms and conditions of any 

20 safe conduct duly obtained and issued under the au21 thority of the United States, 

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

23 15 years, or both. 

24 ‘‘(b) ENTRY; FRAUD.—Any person who knowingly 

25 uses any passport, knowing the passport to be forged, 


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1 counterfeited, altered, falsely made, procured by fraud, 

2 produced or issued without lawful authority, or issued or 

3 designed for the use of another— 

4 ‘‘(1) to enter or to attempt to enter the United 

5 States; or 

6 ‘‘(2) to defraud the United States, a State, or 

7 a political subdivision of a State, 

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

9 15 years, or both. 

10 ‘‘§ 1545. Schemes to defraud aliens 

11 ‘‘(a) IN GENERAL.—Any person who knowingly exe12 cutes a scheme or artifice, in connection with any matter 

13 that is authorized by or arises under Federal immigration 

14 laws, or any matter the offender claims or represents is 

15 authorized by or arises under Federal immigration laws— 

16 ‘‘(1) to defraud any person; or 

17 ‘‘(2) to obtain or receive from any person, by 

18 means of false or fraudulent pretenses, representa19 tions, promises, money or anything else of value, 

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

21 15 years, or both. 

22 ‘‘(b) MISREPRESENTATION.—Any person who know23 ingly and falsely represents himself to be an attorney in 

24 any matter arising under Federal immigration laws shall 


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1 be fined under this title, imprisoned not more than 15 

2 years, or both. 

3 ‘‘§ 1546. Immigration and visa fraud 

4 ‘‘(a) IN GENERAL.—Any person who knowingly— 

5 ‘‘(1) uses any immigration document issued or 

6 designed for the use of another; 

7 ‘‘(2) forges, counterfeits, alters, or falsely 

8 makes any immigration document; 

9 ‘‘(3) completes, mails, prepares, presents, signs, 

10 or submits any immigration document knowing it to 

11 contain any materially false statement or representa12 tion; 

13 ‘‘(4) secures, possesses, uses, transfers, re14 ceives, buys, sells, or distributes any immigration 

15 document knowing it to be forged, counterfeited, al16 tered, falsely made, stolen, procured by fraud, or 

17 produced or issued without lawful authority; 

18 ‘‘(5) adopts or uses a false or fictitious name to 

19 evade or to attempt to evade the immigration laws; 

20 or 

21 ‘‘(6) transfers or furnishes an immigration doc22 ument to a person without lawful authority for use 

23 if such person is not the person for whom the immi24 gration document was issued or designed, 


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

2 15 years, or both. 

3 ‘‘(b) MULTIPLE VIOLATIONS.—Any person who, dur4 ing any 3-year period, knowingly— 

5 ‘‘(1) and without lawful authority produces, 

6 issues, or transfers 10 or more immigration docu7 ments; 

8 ‘‘(2) forges, counterfeits, alters, or falsely 

9 makes 10 or more immigration documents; 

10 ‘‘(3) secures, possesses, uses, buys, sells, or dis11 tributes 10 or more immigration documents, know12 ing the immigration documents to be forged, coun13 terfeited, altered, stolen, falsely made, procured by 

14 fraud, or produced or issued without lawful author15 ity; or 

16 ‘‘(4) completes, mails, prepares, presents, signs, 

17 or submits 10 or more immigration documents 

18 knowing the documents to contain any materially 

19 false statement or representation, 

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

21 20 years, or both. 

22 ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 

23 person who knowingly and without lawful authority pro24 duces, counterfeits, secures, possesses, or uses any official 

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1 ing, plate, or other material, used to make an immigration 

2 document shall be fined under this title, imprisoned not 

3 more than 20 years, or both. 

4 ‘‘§ 1547. Marriage fraud 

5 ‘‘(a) EVASION OR MISREPRESENTATION.—Any per6 son who— 

7 ‘‘(1) knowingly enters into a marriage for the 

8 purpose of evading any provision of the immigration 

9 laws; or 

10 ‘‘(2) knowingly misrepresents the existence or 

11 circumstances of a marriage— 

12 ‘‘(A) in an application or document author13 ized by the immigration laws; or 

14 ‘‘(B) during any immigration proceeding 

15 conducted by an administrative adjudicator (in16 cluding an immigration officer or examiner, a 

17 consular officer, an immigration judge, or a 

18 member of the Board of Immigration Appeals), 

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

20 10 years, or both. 

21 ‘‘(b) MULTIPLE MARRIAGES.—Any person who— 

22 ‘‘(1) knowingly enters into 2 or more marriages 

23 for the purpose of evading any immigration law; or 


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1 ‘‘(2) knowingly arranges, supports, or facilitates 

2 2 or more marriages designed or intended to evade 

3 any immigration law, 

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

5 20 years, or both. 

6 ‘‘(c) COMMERCIAL ENTERPRISE.—Any person who 

7 knowingly establishes a commercial enterprise for the pur8 pose of evading any provision of the immigration laws 

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

10 than 10 years, or both. 

11 ‘‘(d) DURATION OF OFFENSE.— 

12 ‘‘(1) IN GENERAL.—An offense under sub13 section (a) or (b) continues until the fraudulent na14 ture of the marriage or marriages is discovered by 

15 an immigration officer. 

16 ‘‘(2) COMMERCIAL ENTERPRISE.—An offense 

17 under subsection (c) continues until the fraudulent 

18 nature of commercial enterprise is discovered by an 

19 immigration officer or other law enforcement officer. 

20 ‘‘§ 1548. Attempts and conspiracies 

21 ‘‘Any person who attempts or conspires to violate any 

22 section of this chapter shall be punished in the same man23 ner as a person who completed a violation of that section. 


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1 ‘‘§ 1549. Alternative penalties for certain offenses 

2 ‘‘(a) TERRORISM.—Any person who violates any sec3 tion of this chapter— 

4 ‘‘(1) knowing that such violation will facilitate 

5 an act of international terrorism or domestic ter6 rorism (as those terms are defined in section 2331); 

7 or 

8 ‘‘(2) with the intent to facilitate an act of inter9 national terrorism or domestic terrorism, 

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

11 25 years, or both. 

12 ‘‘(b) OFFENSE AGAINST GOVERNMENT.—Any person 

13 who violates any section of this chapter— 

14 ‘‘(1) knowing that such violation will facilitate 

15 the commission of any offense against the United 

16 States (other than an offense in this chapter) or 

17 against any State, which offense is punishable by 

18 imprisonment for more than 1 year; or 

19 ‘‘(2) with the intent to facilitate the commission 

20 of any offense against the United States (other than 

21 an offense in this chapter) or against any State, 

22 which offense is punishable by imprisonment for 

23 more than 1 year, 

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

25 20 years, or both. 


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1 ‘‘§ 1550. Seizure and forfeiture 

2 ‘‘(a) FORFEITURE.—Any property, real or personal, 

3 used to commit or facilitate the commission of a violation 

4 of any section of this chapter, the gross proceeds of such 

5 violation, and any property traceable to such property or 

6 proceeds, shall be subject to forfeiture. 

7 ‘‘(b) APPLICABLE LAW.—Seizures and forfeitures 

8 under this section shall be governed by the provisions of 

9 chapter 46 relating to civil forfeitures, except that such 

10 duties as are imposed upon the Secretary of the Treasury 

11 under the customs laws described in section 981(d) shall 

12 be performed by such officers, agents, and other persons 

13 as may be designated for that purpose by the Secretary 

14 of Homeland Security, the Secretary of State, or the At15 torney General. 

16 ‘‘§ 1551. Additional jurisdiction 

17 ‘‘(a) IN GENERAL.—Any person who commits an of18 fense under this chapter within the special maritime and 

19 territorial jurisdiction of the United States shall be pun20 ished as provided under this chapter. 

21 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any per22 son who commits an offense under this chapter outside 

23 the United States shall be punished as provided under this 

24 chapter if— 

25 ‘‘(1) the offense involves a United States immi26 gration document (or any document purporting to be 


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•S 1348 PCS

1 such a document) or any matter, right, or benefit 

2 arising under or authorized by Federal immigration 

3 laws; 

4 ‘‘(2) the offense is in or affects foreign com5 merce; 

6 ‘‘(3) the offense affects, jeopardizes, or poses a 

7 significant risk to the lawful administration of Fed8 eral immigration laws, or the national security of the 

9 United States; 

10 ‘‘(4) the offense is committed to facilitate an 

11 act of international terrorism (as defined in section 

12 2331) or a drug trafficking crime (as defined in sec13 tion 929(a)(2)) that affects or would affect the na14 tional security of the United States; 

15 ‘‘(5) the offender is a national of the United 

16 States (as defined in section 101(a)(22) of the Im17 migration and Nationality Act (8 U.S.C. 

18 1101(a)(22))) or an alien lawfully admitted for per19 manent residence in the United States (as defined in 

20 section 101(a)(20) of such Act); or 

21 ‘‘(6) the offender is a stateless person whose 

22 habitual residence is in the United States. 

23 ‘‘§ 1552. Additional venue 

24 ‘‘(a) IN GENERAL.—An offense under section 1542 

25 may be prosecuted in— 


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1 ‘‘(1) any district in which the false statement or 

2 representation was made; 

3 ‘‘(2) any district in which the passport applica4 tion was prepared, submitted, mailed, received, proc5 essed, or adjudicated; or 

6 ‘‘(3) in the case of an application prepared and 

7 adjudicated outside the United States, in the district 

8 in which the resultant passport was produced. 

9 ‘‘(b) SAVINGS CLAUSE.—Nothing in this section lim10 its the venue otherwise available under sections 3237 and 

11 3238. 

12 ‘‘§ 1553. Definitions 

13 ‘‘As used in this chapter: 

14 ‘‘(1) The term ‘falsely make’ means to prepare 

15 or complete an immigration document with knowl16 edge or in reckless disregard of the fact that the 

17 document— 

18 ‘‘(A) contains a statement or representa19 tion that is false, fictitious, or fraudulent; 

20 ‘‘(B) has no basis in fact or law; or 

21 ‘‘(C) otherwise fails to state a fact which 

22 is material to the purpose for which the docu23 ment was created, designed, or submitted. 

24 ‘‘(2) The term a ‘false statement or representa25 tion’ includes a personation or an omission. 


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1 ‘‘(3) The term ‘felony’ means any criminal of2 fense punishable by a term of imprisonment of more 

3 than 1 year under the laws of the United States, any 

4 State, or a foreign government. 

5 ‘‘(4) The term ‘immigration document’— 

6 ‘‘(A) means— 

7 ‘‘(i) any passport or visa; or 

8 ‘‘(ii) any application, petition, affi9 davit, declaration, attestation, form, identi10 fication card, alien registration document, 

11 employment authorization document, bor12 der crossing card, certificate, permit, 

13 order, license, stamp, authorization, grant 

14 of authority, or other evidentiary docu15 ment, arising under or authorized by the 

16 immigration laws of the United States; and 

17 ‘‘(B) includes any document, photograph, 

18 or other piece of evidence attached to or sub19 mitted in support of an immigration document. 

20 ‘‘(5) The term ‘immigration laws’ includes— 

21 ‘‘(A) the laws described in section 

22 101(a)(17) of the Immigration and Nationality 

23 Act (8 U.S.C. 1101(a)(17)); 

24 ‘‘(B) the laws relating to the issuance and 

25 use of passports; and 


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1 ‘‘(C) the regulations prescribed under the 

2 authority of any law described in subparagraph 

3 (A) or (B). 

4 ‘‘(6) The term ‘immigration proceeding’ in5 cludes an adjudication, interview, hearing, or review. 

6 ‘‘(7) A person does not exercise ‘lawful author7 ity’ if the person abuses or improperly exercises law8 ful authority the person otherwise holds. 

9 ‘‘(8) The term ‘passport’ means a travel docu10 ment attesting to the identity and nationality of the 

11 bearer that is issued under the authority of the Sec12 retary of State, a foreign government, or an inter13 national organization; or any instrument purporting 

14 to be the same. 

15 ‘‘(9) The term ‘produce’ means to make, pre16 pare, assemble, issue, print, authenticate, or alter. 

17 ‘‘(10) The term ‘State’ means a State of the 

18 United States, the District of Columbia, or any com19 monwealth, territory, or possession of the United 

20 States. 

21 ‘‘§ 1554. Authorized law enforcement activities 

22 ‘‘Nothing in this chapter shall prohibit any lawfully 

23 authorized investigative, protective, or intelligence activity 

24 of a law enforcement agency of the United States, a State, 

25 or a political subdivision of a State, or an intelligence 


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1 agency of the United States, or any activity authorized 

2 under title V of the Organized Crime Control Act of 1970 

3 (84 Stat. 933). 

4 ‘‘§ 1555. Exception for refugees, asylees, and other 

5 vulnerable persons 

6 ‘‘(a) IN GENERAL.—If a person believed to have vio7 lated section 1542, 1544, 1546, or 1548 while attempting 

8 to enter the United States, without delay, indicates an in9 tention to apply for asylum under section 208 or 241(b)(3) 

10 of the Immigration and Nationality Act (8 U.S.C. 1158 

11 and 1231), or for relief under the Convention Against Tor12 ture and Other Cruel, Inhuman or Degrading Treatment 

13 or Punishment (in accordance with section 208.17 of title 

14 8, Code of Federal Regulations), or under section 

15 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 

16 101(a)(51), 216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in 

17 effect prior to March 31, 1997) of such Act, or a credible 

18 fear of persecution or torture— 

19 ‘‘(1) the person shall be referred to an appro20 priate Federal immigration official to review such 

21 claim and make a determination if such claim is 

22 warranted; 

23 ‘‘(2) if the Federal immigration official deter24 mines that the person qualifies for the claimed relief, 


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1 the person shall not be considered to have violated 

2 any such section; and 

3 ‘‘(3) if the Federal immigration official deter4 mines that the person does not qualify for the 

5 claimed relief, the person shall be referred to an ap6 propriate Federal official for prosecution under this 

7 chapter. 

8 ‘‘(b) SAVINGS PROVISION.—Nothing in this section 

9 shall be construed to diminish, increase, or alter the obli10 gations of refugees or the United States under article 

11 31(1) of the Convention Relating to the Status of Refu12 gees, done at Geneva July 28, 1951 (as made applicable 

13 by the Protocol Relating to the Status of Refugees, done 

14 at New York January 31, 1967 (19 UST 6223)).’’. 

15 (2) CLERICAL AMENDMENT.—The table of 

16 chapters in title 18, United States Code, is amended 

17 by striking the item relating to chapter 75 and in18 serting the following: 

‘‘75. Passport, visa, and immigration fraud ............................. 1541’’. 

19 (b) PROTECTION FOR LEGITIMATE REFUGEES AND

20 ASYLUM SEEKERS.—Section 208 (8 U.S.C. 1158) is 

21 amended by adding at the end the following: 

22 ‘‘(e) PROTECTION FOR LEGITIMATE REFUGEES AND

23 ASYLUM SEEKERS.—The Attorney General, in consulta24 tion with the Secretary of Homeland Security, shall de25 velop binding prosecution guidelines for Federal prosecuVerDate Aug 31 2005 00:42 May 11, 2007 Jkt 059200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tors to ensure that any prosecution of an alien seeking 

2 entry into the United States by fraud is consistent with 

3 the written terms and limitations of Article 31(1) of the 

4 Convention Relating to the Status of Refugees, done at 

5 Geneva July 28, 1951 (as made applicable by the Protocol 

6 Relating to the Status of Refugees, done at New York 

7 January 31, 1967 (19 UST 6223)).’’. 

8 SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT 

9 AND IMMIGRATION FRAUD OFFENSES. 

10 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 

11 U.S.C. 1182(a)(2)(A)(i)) is amended— 

12 (1) in subclause (I), by striking ‘‘, or’’ at the 

13 end and inserting a semicolon; 

14 (2) in subclause (II), by striking the comma at 

15 the end and inserting ‘‘; or’’; and 

16 (3) by inserting after subclause (II) the fol17 lowing: 

18 ‘‘(III) a violation of (or a con19 spiracy or attempt to violate) any pro20 vision of chapter 75 of title 18, 

21 United States Code,’’. 

22 (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 U.S.C. 

23 1227(a)(3)(B)(iii)) is amended to read as follows: 


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1 ‘‘(iii) of a violation of any provision of 

2 chapter 75 of title 18, United States 

3 Code,’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 subsections (a) and (b) shall apply to proceedings pending 

6 on or after the date of the enactment of this Act, with 

7 respect to conduct occurring on or after that date. 

8 SEC. 210. INCARCERATION OF CRIMINAL ALIENS. 

9 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

10 (1) CONTINUATION.—The Secretary shall con11 tinue to operate the Institutional Removal Program 

12 (referred to in this section as the ‘‘Program’’) or 

13 shall develop and implement another program to— 

14 (A) identify removable criminal aliens in 

15 Federal and State correctional facilities; 

16 (B) ensure that such aliens are not re17 leased into the community; and 

18 (C) remove such aliens from the United 

19 States after the completion of their sentences. 

20 (2) EXPANSION.—The Secretary may extend 

21 the scope of the Program to all States. 

22 (b) AUTHORIZATION FOR DETENTION AFTER COM23 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

24 enforcement officers of a State or political subdivision of 

25 a State may— 


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1 (1) hold an illegal alien for a period not to ex2 ceed 14 days after the completion of the alien’s 

3 State prison sentence to effectuate the transfer of 

4 the alien to Federal custody if the alien is removable 

5 or not lawfully present in the United States; or 

6 (2) issue a detainer that would allow aliens who 

7 have served a State prison sentence to be detained 

8 by the State prison until authorized employees of the 

9 Bureau of Immigration and Customs Enforcement 

10 can take the alien into custody. 

11 (c) TECHNOLOGY USAGE.—Technology, such as 

12 videoconferencing, shall be used to the maximum extent 

13 practicable to make the Program available in remote loca14 tions. Mobile access to Federal databases of aliens, such 

15 as IDENT, and live scan technology shall be used to the 

16 maximum extent practicable to make these resources 

17 available to State and local law enforcement agencies in 

18 remote locations. 

19 (d) REPORT TO CONGRESS.—Not later than 6 

20 months after the date of the enactment of this Act, and 

21 annually thereafter, the Secretary shall submit a report 

22 to Congress on the participation of States in the Program 

23 and in any other program authorized under subsection (a). 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated such sums as may be 


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1 necessary in each of the fiscal years 2008 through 2012 

2 to carry out the Program. 

3 SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUN4 TARILY. 

5 (a) IN GENERAL.—Section 240B (8 U.S.C. 1229c) 

6 is amended— 

7 (1) in subsection (a)— 

8 (A) by amending paragraph (1) to read as 

9 follows: 

10 ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If 

11 an alien is not described in paragraph (2)(A)(iii) or 

12 (4) of section 237(a), the Secretary of Homeland Se13 curity may permit the alien to voluntarily depart the 

14 United States at the alien’s own expense under this 

15 subsection instead of being subject to proceedings 

16 under section 240.’’; 

17 (B) by striking paragraph (3); 

18 (C) by redesignating paragraph (2) as 

19 paragraph (3); 

20 (D) by adding after paragraph (1) the fol21 lowing: 

22 ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL

23 PROCEEDINGS.—If an alien is not described in para24 graph (2)(A)(iii) or (4) of section 237(a), the Attor25 ney General may permit the alien to voluntarily deVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 part the United States at the alien’s own expense 

2 under this subsection after the initiation of removal 

3 proceedings under section 240 and before the con4 clusion of such proceedings before an immigration 

5 judge.’’; 

6 (E) in paragraph (3), as redesignated— 

7 (i) by amending subparagraph (A) to 

8 read as follows: 

9 ‘‘(A) INSTEAD OF REMOVAL.—Subject to 

10 subparagraph (C), permission to voluntarily de11 part under paragraph (1) shall not be valid for 

12 any period in excess of 120 days. The Secretary 

13 may require an alien permitted to voluntarily 

14 depart under paragraph (1) to post a voluntary 

15 departure bond, to be surrendered upon proof 

16 that the alien has departed the United States 

17 within the time specified.’’; 

18 (ii) by redesignating subparagraphs 

19 (B), (C), and (D) as paragraphs (C), (D), 

20 and (E), respectively; 

21 (iii) by adding after subparagraph (A) 

22 the following: 

23 ‘‘(B) BEFORE THE CONCLUSION OF RE24 MOVAL PROCEEDINGS.—Permission to volun25 tarily depart under paragraph (2) shall not be 


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1 valid for any period in excess of 60 days, and 

2 may be granted only after a finding that the 

3 alien has the means to depart the United States 

4 and intends to do so. An alien permitted to vol5 untarily depart under paragraph (2) shall post 

6 a voluntary departure bond, in an amount nec7 essary to ensure that the alien will depart, to be 

8 surrendered upon proof that the alien has de9 parted the United States within the time speci10 fied. An immigration judge may waive the re11 quirement to post a voluntary departure bond 

12 in individual cases upon a finding that the alien 

13 has presented compelling evidence that the 

14 posting of a bond will pose a serious financial 

15 hardship and the alien has presented credible 

16 evidence that such a bond is unnecessary to 

17 guarantee timely departure.’’; 

18 (iv) in subparagraph (C), as redesig19 nated, by striking ‘‘subparagraphs (C) 

20 and(D)(ii)’’ and inserting ‘‘subparagraphs 

21 (D) and (E)(ii)’’; 

22 (v) in subparagraph (D), as redesig23 nated, by striking ‘‘subparagraph (B)’’ 

24 each place that term appears and inserting 

25 ‘‘subparagraph (C)’’; and 


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1 (vi) in subparagraph (E), as redesig2 nated, by striking ‘‘subparagraph (B)’’ 

3 each place that term appears and inserting 

4 ‘‘subparagraph (C)’’; and 

5 (F) in paragraph (4), by striking ‘‘para6 graph (1)’’ and inserting ‘‘paragraphs (1) and 

7 (2)’’; 

8 (2) in subsection (b)(2), by striking ‘‘a period 

9 exceeding 60 days’’ and inserting ‘‘any period in ex10 cess of 45 days’’; 

11 (3) by amending subsection (c) to read as fol12 lows: 

13 ‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 

14 ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— 

15 Voluntary departure may only be granted as part of 

16 an affirmative agreement by the alien. A voluntary 

17 departure agreement under subsection (b) shall in18 clude a waiver of the right to any further motion, 

19 appeal, application, petition, or petition for review 

20 relating to removal or relief or protection from re21 moval. 

22 ‘‘(2) CONCESSIONS BY THE SECRETARY.—In 

23 connection with the alien’s agreement to depart vol24 untarily under paragraph (1), the Secretary of 

25 Homeland Security may agree to a reduction in the 


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1 period of inadmissibility under subparagraph (A) or 

2 (B)(i) of section 212(a)(9). 

3 ‘‘(3) ADVISALS.—Agreements relating to vol4 untary departure granted during removal pro5 ceedings under section 240, or at the conclusion of 

6 such proceedings, shall be presented on the record 

7 before the immigration judge. The immigration 

8 judge shall advise the alien of the consequences of 

9 a voluntary departure agreement before accepting 

10 such agreement. 

11 ‘‘(4) FAILURE TO COMPLY WITH AGREE12 MENT.— 

13 ‘‘(A) IN GENERAL.—If an alien agrees to 

14 voluntary departure under this section and fails 

15 to depart the United States within the time al16 lowed for voluntary departure or fails to comply 

17 with any other terms of the agreement (includ18 ing failure to timely post any required bond), 

19 the alien is— 

20 ‘‘(i) ineligible for the benefits of the 

21 agreement; 

22 ‘‘(ii) subject to the penalties described 

23 in subsection (d); and 


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1 ‘‘(iii) subject to an alternate order of 

2 removal if voluntary departure was granted 

3 under subsection (a)(2) or (b). 

4 ‘‘(B) EFFECT OF FILING TIMELY AP5 PEAL.—If, after agreeing to voluntary depar6 ture, the alien files a timely appeal of the immi7 gration judge’s decision granting voluntary de8 parture, the alien may pursue the appeal in9 stead of the voluntary departure agreement. 

10 Such appeal operates to void the alien’s vol11 untary departure agreement and the con12 sequences of such agreement, but precludes the 

13 alien from another grant of voluntary departure 

14 while the alien remains in the United States. 

15 ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF16 FECTED.—Except as expressly agreed to by the Sec17 retary in writing in the exercise of the Secretary’s 

18 discretion before the expiration of the period allowed 

19 for voluntary departure, no motion, appeal, applica20 tion, petition, or petition for review shall affect, rein21 state, enjoin, delay, stay, or toll the alien’s obligation 

22 to depart from the United States during the period 

23 agreed to by the alien and the Secretary.’’; 

24 (4) by amending subsection (d) to read as fol25 lows: 


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1 ‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 

2 alien is permitted to voluntarily depart under this section 

3 and fails to voluntarily depart from the United States 

4 within the time period specified or otherwise violates the 

5 terms of a voluntary departure agreement, the alien will 

6 be subject to the following penalties: 

7 ‘‘(1) CIVIL PENALTY.—The alien shall be liable 

8 for a civil penalty of $3,000. The order allowing vol9 untary departure shall specify the amount of the 

10 penalty, which shall be acknowledged by the alien on 

11 the record. If the Secretary thereafter establishes 

12 that the alien failed to depart voluntarily within the 

13 time allowed, no further procedure will be necessary 

14 to establish the amount of the penalty, and the Sec15 retary may collect the civil penalty at any time 

16 thereafter and by whatever means provided by law. 

17 An alien will be ineligible for any benefits under this 

18 chapter until this civil penalty is paid. 

19 ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien 

20 shall be ineligible during the time the alien remains 

21 in the United States and for a period of 10 years 

22 after the alien’s departure for any further relief 

23 under this section and sections 240A, 245, 248, and 

24 249. The order permitting the alien to depart volunVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tarily shall inform the alien of the penalties under 

2 this subsection. 

3 ‘‘(3) REOPENING.—The alien shall be ineligible 

4 to reopen the final order of removal that took effect 

5 upon the alien’s failure to depart, or upon the alien’s 

6 other violations of the conditions for voluntary de7 parture, during the period described in paragraph 

8 (2). This paragraph does not preclude a motion to 

9 reopen to seek withholding of removal under section 

10 241(b)(3) or protection against torture, if the mo11 tion— 

12 ‘‘(A) presents material evidence of changed 

13 country conditions arising after the date of the 

14 order granting voluntary departure in the coun15 try to which the alien would be removed; and 

16 ‘‘(B) makes a sufficient showing to the sat17 isfaction of the Attorney General that the alien 

18 is otherwise eligible for such protection.’’; and 

19 (5) by amending subsection (e) to read as fol20 lows: 

21 ‘‘(e) ELIGIBILITY.— 

22 ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR23 TURE.—An alien shall not be permitted to volun24 tarily depart under this section if the Secretary of 


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1 Homeland Security or the Attorney General pre2 viously permitted the alien to depart voluntarily. 

3 ‘‘(2) RULEMAKING.—The Secretary may pro4 mulgate regulations to limit eligibility or impose ad5 ditional conditions for voluntary departure under 

6 subsection (a)(1) for any class of aliens. The Sec7 retary or Attorney General may by regulation limit 

8 eligibility or impose additional conditions for vol9 untary departure under subsections (a)(2) or (b) of 

10 this section for any class or classes of aliens.’’; and 

11 (6) in subsection (f), by adding at the end the 

12 following: ‘‘Notwithstanding section 242(a)(2)(D) of 

13 this Act, sections 1361, 1651, and 2241 of title 28, 

14 United States Code, any other habeas corpus provi15 sion, and any other provision of law, no court shall 

16 have jurisdiction to affect, reinstate, enjoin, delay, 

17 stay, or toll the period allowed for voluntary depar18 ture under this section.’’. 

19 (b) RULEMAKING.—The Secretary shall promulgate 

20 regulations to provide for the imposition and collection of 

21 penalties for failure to depart under section 240B(d) of 

22 the Immigration and Nationality Act (8 U.S.C. 1229c(d)). 

23 (c) EFFECTIVE DATES.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), the amendments made by this section 


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1 shall apply with respect to all orders granting vol2 untary departure under section 240B of the Immi3 gration and Nationality Act (8 U.S.C. 1229c) made 

4 on or after the date that is 180 days after the enact5 ment of this Act. 

6 (2) EXCEPTION.—The amendment made by 

7 subsection (a)(6) shall take effect on the date of the 

8 enactment of this Act and shall apply with respect 

9 to any petition for review which is filed on or after 

10 such date. 

11 SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM 

12 REMAINING IN THE UNITED STATES UNLAW13 FULLY. 

14 (a) INADMISSIBLE ALIENS.—Section 212(a)(9)(A) (8 

15 U.S.C. 1182(a)(9)(A)) is amended— 

16 (1) in clause (i), by striking ‘‘seeks admission 

17 within 5 years of the date of such removal (or within 

18 20 years’’ and inserting ‘‘seeks admission not later 

19 than 5 years after the date of the alien’s removal (or 

20 not later than 20 years after the alien’s removal’’; 

21 and 

22 (2) in clause (ii), by striking ‘‘seeks admission 

23 within 10 years of the date of such alien’s departure 

24 or removal (or within 20 years of’’ and inserting 

25 ‘‘seeks admission not later than 10 years after the 


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1 date of the alien’s departure or removal (or not later 

2 than 20 years after’’. 

3 (b) BAR ON DISCRETIONARY RELIEF.—Section 274D 

4 (9 U.S.C. 324d) is amended— 

5 (1) in subsection (a), by striking ‘‘Commis6 sioner’’ and inserting ‘‘Secretary of Homeland Secu7 rity’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(c) INELIGIBILITY FOR RELIEF.— 

10 ‘‘(1) IN GENERAL.—Unless a timely motion to 

11 reopen is granted under section 240(c)(6), an alien 

12 described in subsection (a) shall be ineligible for any 

13 discretionary relief from removal (including cancella14 tion of removal and adjustment of status) during the 

15 time the alien remains in the United States and for 

16 a period of 10 years after the alien’s departure from 

17 the United States. 

18 ‘‘(2) SAVINGS PROVISION.—Nothing in para19 graph (1) shall preclude a motion to reopen to seek 

20 withholding of removal under section 241(b)(3) or 

21 protection against torture, if the motion— 

22 ‘‘(A) presents material evidence of changed 

23 country conditions arising after the date of the 

24 final order of removal in the country to which 

25 the alien would be removed; and 


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1 ‘‘(B) makes a sufficient showing to the sat2 isfaction of the Attorney General that the alien 

3 is otherwise eligible for such protection.’’. 

4 (c) EFFECTIVE DATES.—The amendments made by 

5 this section shall take effect on the date of the enactment 

6 of this Act with respect to aliens who are subject to a final 

7 order of removal entered on or after such date. 

8 SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR 

9 THE POSSESSION OF FIREARMS BY CERTAIN 

10 ALIENS. 

11 Section 922 of title 18, United States Code, is 

12 amended— 

13 (1) in subsection (d)(5)— 

14 (A) in subparagraph (A), by striking ‘‘or’’ 

15 at the end; 

16 (B) in subparagraph (B), by striking 

17 ‘‘(y)(2)’’ and all that follows and inserting ‘‘(y), 

18 is in a nonimmigrant classification; or’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(C) has been paroled into the United 

21 States under section 212(d)(5) of the Immigra22 tion and Nationality Act (8 U.S.C. 

23 1182(d)(5));’’; 

24 (2) in subsection (g)(5)— 


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1 (A) in subparagraph (A), by striking ‘‘or’’ 

2 at the end; 

3 (B) in subparagraph (B), by striking 

4 ‘‘(y)(2)’’ and all that follows and inserting ‘‘(y), 

5 is in a nonimmigrant classification; or’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(C) has been paroled into the United 

8 States under section 212(d)(5) of the Immigra9 tion and Nationality Act (8 U.S.C. 

10 1182(d)(5));’’; and 

11 (3) in subsection (y)— 

12 (A) in the header, by striking ‘‘ADMITTED

13 UNDER NONIMMIGRANT VISAS’’ and insert14 ing ‘‘IN A NONIMMIGRANT CLASSIFICA15 TION’’; 

16 (B) in paragraph (1), by amending sub17 paragraph (B) to read as follows: 

18 ‘‘(B) the term ‘nonimmigrant classifica19 tion’ includes all classes of nonimmigrant aliens 

20 described in section 101(a)(15) of the Immigra21 tion and Nationality Act (8 U.S.C. 

22 1101(a)(15)), or otherwise described in the im23 migration laws (as defined in section 

24 101(a)(17) of such Act).’’; 


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1 (C) in paragraph (2), by striking ‘‘has 

2 been lawfully admitted to the United States 

3 under a nonimmigrant visa’’ and inserting ‘‘is 

4 in a nonimmigrant classification’’; and 

5 (D) in paragraph (3)(A), by striking ‘‘Any 

6 individual who has been admitted to the United 

7 States under a nonimmigrant visa may receive 

8 a waiver from the requirements of subsection 

9 (g)(5)’’ and inserting ‘‘Any alien in a non10 immigrant classification may receive a waiver 

11 from the requirements of subsection (g)(5)(B)’’. 

12 SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CER13 TAIN IMMIGRATION, NATURALIZATION, AND 

14 PEONAGE OFFENSES. 

15 (a) IN GENERAL.—Section 3291 of title 18, United 

16 States Code, is amended to read as follows: 

17 ‘‘§ 3291. Immigration, naturalization, and peonage of18 fenses 

19 ‘‘No person shall be prosecuted, tried, or punished 

20 for a violation of any section of chapters 69 (relating to 

21 nationality and citizenship offenses), 75 (relating to pass22 port, visa, and immigration offenses), or 77 (relating to 

23 peonage, slavery, and trafficking in persons), for an at24 tempt or conspiracy to violate any such section, for a viola25 tion of any criminal provision under section 243, 266, 274, 


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1 275, 276, 277, or 278 of the Immigration and Nationality 

2 Act (8 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 

3 1328), or for an attempt or conspiracy to violate any such 

4 section, unless the indictment is returned or the informa5 tion filed not later than 10 years after the commission 

6 of the offense.’’. 

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

8 for chapter 213 of title 18, United States Code, is amend9 ed by striking the item relating to section 3291 and insert10 ing the following: 

‘‘3291. Immigration, naturalization, and peonage offenses.’’. 

11 SEC. 215. DIPLOMATIC SECURITY SERVICE. 

12 Paragraph (1) of section 37(a) of the State Depart13 ment Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) 

14 is amended to read as follows: 

15 ‘‘(1) conduct investigations concerning— 

16 ‘‘(A) illegal passport or visa issuance or 

17 use; 

18 ‘‘(B) identity theft or document fraud af19 fecting or relating to the programs, functions, 

20 and authorities of the Department of State; 

21 ‘‘(C) violations of chapter 77 of title 18, 

22 United States Code; and 

23 ‘‘(D) Federal offenses committed within 

24 the special maritime and territorial jurisdiction 


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1 of the United States (as defined in section 7(9) 

2 of title 18, United States Code);’’. 

3 SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND 

4 CHECKS. 

5 (a) IN GENERAL.—Section 103 (8 U.S.C. 1103) is 

6 amended— 

7 (1) by amending subsection (f) to read as fol8 lows: 

9 ‘‘(f) MINIMUM NUMBER OF AGENTS IN STATES.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

11 Security shall allocate to each State— 

12 ‘‘(A) not fewer than 40 full-time active 

13 duty agents of the Bureau of Immigration and 

14 Customs Enforcement to— 

15 ‘‘(i) investigate immigration viola16 tions; and 

17 ‘‘(ii) ensure the departure of all re18 movable aliens; and 

19 ‘‘(B) not fewer than 15 full-time active 

20 duty agents of the Bureau of Citizenship and 

21 Immigration Services to carry out immigration 

22 and naturalization adjudication functions. 

23 ‘‘(2) WAIVER.—The Secretary may waive the 

24 application of paragraph (1) for any State with a 


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1 population of less than 2,000,000, as most recently 

2 reported by the Bureau of the Census’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(i) Notwithstanding any other provision of law, ap5 propriate background and security checks, as determined 

6 by the Secretary of Homeland Security, shall be completed 

7 and assessed and any suspected or alleged fraud relating 

8 to the granting of any status (including the granting of 

9 adjustment of status), relief, protection from removal, or 

10 other benefit under this Act shall be investigated and re11 solved before the Secretary or the Attorney General may— 

12 ‘‘(1) grant or order the grant of adjustment of 

13 status of an alien to that of an alien lawfully admit14 ted for permanent residence; 

15 ‘‘(2) grant or order the grant of any other sta16 tus, relief, protection from removal, or other benefit 

17 under the immigration laws; or 

18 ‘‘(3) issue any documentation evidencing or re19 lated to such grant by the Secretary, the Attorney 

20 General, or any court.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a)(1) shall take effect on the date that is 90 

23 days after the date of the enactment of this Act. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

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1 eral Bureau of Investigations $3,125,000 for each of the 

2 fiscal years 2008 through 2012 for improving the speed 

3 and accuracy of background and security checks con4 ducted by the Federal Bureau of Investigations on behalf 

5 of the Bureau of Citizenship and Immigrations Services. 

6 (d) REPORT ON BACKGROUND AND SECURITY

7 CHECKS.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, the Di10 rector of the Federal Bureau of Investigations shall 

11 submit to the Committee on the Judiciary of the 

12 Senate and the Committee on the Judiciary of the 

13 House of Representatives a report on the back14 ground and security checks conducted by the Fed15 eral Bureau of Investigations on behalf of the Bu16 reau of Citizenship and Immigrations Services 

17 (2) CONTENT.—The report required under 

18 paragraph (1) shall include— 

19 (A) a description of the background and 

20 security check program; 

21 (B) a statistical breakdown of the back22 ground and security check delays associated 

23 with different types of immigration applications; 


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1 (C) a statistical breakdown of the back2 ground and security check delays by applicant 

3 country of origin; and 

4 (D) the steps the Federal Bureau of Inves5 tigations is taking to expedite background and 

6 security checks that have been pending for 

7 more than 60 days. 

8 SEC. 217. CONSTRUCTION. 

9 (a) IN GENERAL.—Chapter 4 of title III (8 U.S.C. 

10 1501 et seq.) is amended by adding at the end the fol11 lowing: 

12 ‘‘SEC. 362. CONSTRUCTION. 

13 ‘‘(a) IN GENERAL.—Nothing in this Act or in any 

14 other provision of law shall be construed to require the 

15 Secretary of Homeland Security, the Attorney General, 

16 the Secretary of State, the Secretary of Labor, or any 

17 other authorized head of any Federal agency to grant any 

18 application, approve any petition, or grant or continue any 

19 status or benefit under the immigration laws by, to, or 

20 on behalf of— 

21 ‘‘(1) any alien described in subparagraph (A)(i), 

22 (A)(iii), (B), or (F) of section 212(a)(3) or subpara23 graph (A)(i), (A)(iii), or (B) of section 237(a)(4); 

24 ‘‘(2) any alien with respect to whom a criminal 

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1 terial to the alien’s inadmissibility, deportability, or 

2 eligibility for the status or benefit sought; or 

3 ‘‘(3) any alien for whom all law enforcement 

4 checks, as deemed appropriate by such authorized 

5 official, have not been conducted and resolved. 

6 ‘‘(b) DENIAL; WITHHOLDING.—An official described 

7 in subsection (a) may deny or withhold (with respect to 

8 an alien described in subsection (a)(1)) or withhold pend9 ing resolution of the investigation, case, or law enforce10 ment checks (with respect to an alien described in para11 graph (2) or (3) of subsection (a)) any such application, 

12 petition, status, or benefit on such basis.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 is amended by inserting after the item relating to section 

15 361 the following: 

‘‘Sec. 362. Construction.’’. 

16 SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

17 (a) REIMBURSEMENT FOR COSTS ASSOCIATED WITH

18 PROCESSING CRIMINAL ILLEGAL ALIENS.—The Secretary 

19 shall reimburse States and units of local government for 

20 costs associated with processing undocumented criminal 

21 aliens through the criminal justice system, including— 

22 (1) indigent defense; 

23 (2) criminal prosecution; 

24 (3) autopsies; 

25 (4) translators and interpreters; and 


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1 (5) courts costs. 

2 (b) AUTHORIZATION OF APPROPRIATIONS.— 

3 (1) PROCESSING CRIMINAL ILLEGAL ALIENS.— 

4 There are authorized to be appropriated 

5 $400,000,000 for each of the fiscal years 2008 

6 through 2012 to carry out subsection (a). 

7 (2) COMPENSATION UPON REQUEST.—Section 

8 241(i)(5) (8 U.S.C. 1231(i)) is amended to read as 

9 follows: 

10 ‘‘(5) There are authorized to be appropriated to 

11 carry this subsection— 

12 ‘‘(A) such sums as may be necessary for 

13 fiscal year 2008; 

14 ‘‘(B) $750,000,000 for fiscal year 2009; 

15 ‘‘(C) $850,000,000 for fiscal year 2010; 

16 and 

17 ‘‘(D) $950,000,000 for each of the fiscal 

18 years 2011 and 2012.’’. 

19 (c) TECHNICAL AMENDMENT.—Section 501 of the 

20 Immigration Reform and Control Act of 1986 (8 U.S.C. 

21 1365) is amended by striking ‘‘Attorney General’’ each 

22 place it appears and inserting ‘‘Secretary of Homeland Se23 curity’’. 


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1 SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL 

2 ALIENS APPREHENDED BY STATE AND LOCAL 

3 LAW ENFORCEMENT OFFICERS. 

4 (a) IN GENERAL.—The Secretary shall provide suffi5 cient transportation and officers to take illegal aliens ap6 prehended by State and local law enforcement officers into 

7 custody for processing at a detention facility operated by 

8 the Department. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary for each of the fiscal years 2008 through 2012 

12 to carry out this section. 

13 SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN 

14 SMUGGLING ON TRIBAL LANDS. 

15 (a) GRANTS AUTHORIZED.—The Secretary may 

16 award grants to Indian tribes with lands adjacent to an 

17 international border of the United States that have been 

18 adversely affected by illegal immigration. 

19 (b) USE OF FUNDS.—Grants awarded under sub20 section (a) may be used for— 

21 (1) law enforcement activities; 

22 (2) health care services; 

23 (3) environmental restoration; and 

24 (4) the preservation of cultural resources. 

25 (c) REPORT.—Not later than 180 days after the date 

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


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

2 and the Committee on the Judiciary of the House of Rep3 resentatives that— 

4 (1) describes the level of access of Border Pa5 trol agents on tribal lands; 

6 (2) describes the extent to which enforcement of 

7 immigration laws may be improved by enhanced ac8 cess to tribal lands; 

9 (3) contains a strategy for improving such ac10 cess through cooperation with tribal authorities; and 

11 (4) identifies grants provided by the Depart12 ment for Indian tribes, either directly or through 

13 State or local grants, relating to border security ex14 penses. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as may be 

17 necessary for each of the fiscal years 2008 through 2012 

18 to carry out this section. 

19 SEC. 221. ALTERNATIVES TO DETENTION. 

20 The Secretary shall conduct a study of— 

21 (1) the effectiveness of alternatives to detention, 

22 including electronic monitoring devices and intensive 

23 supervision programs, in ensuring alien appearance 

24 at court and compliance with removal orders; 


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1 (2) the effectiveness of the Intensive Super2 vision Appearance Program and the costs and bene3 fits of expanding that program to all States; and 

4 (3) other alternatives to detention, including— 

5 (A) release on an order of recognizance; 

6 (B) appearance bonds; and 

7 (C) electronic monitoring devices. 

8 SEC. 222. CONFORMING AMENDMENT. 

9 Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is 

10 amended— 

11 (1) by striking ‘‘(i) which either is falsely mak12 ing, forging, counterfeiting, mutilating, or altering a 

13 passport or instrument in violation of section 1543 

14 of title 18, United States Code, or is described in 

15 section 1546(a) of such title (relating to document 

16 fraud) and (ii)’’ and inserting ‘‘which is described in 

17 chapter 75 of title 18, United States Code, and’’; 

18 and 

19 (2) by inserting the following: ‘‘that is not de20 scribed in section 1548 of such title (relating to in21 creased penalties), and’’ after ‘‘first offense’’. 

22 SEC. 223. REPORTING REQUIREMENTS. 

23 (a) CLARIFYING ADDRESS REPORTING REQUIRE24 MENTS.—Section 265 (8 U.S.C. 1305) is amended— 

25 (1) in subsection (a)— 


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1 (A) by striking ‘‘notify the Attorney Gen2 eral in writing’’ and inserting ‘‘submit written 

3 or electronic notification to the Secretary of 

4 Homeland Security, in a manner approved by 

5 the Secretary,’’; 

6 (B) by striking ‘‘the Attorney General may 

7 require by regulation’’ and inserting ‘‘the Sec8 retary may require’’; and 

9 (C) by adding at the end the following: ‘‘If 

10 the alien is involved in proceedings before an 

11 immigration judge or in an administrative ap12 peal of such proceedings, the alien shall submit 

13 to the Attorney General the alien’s current ad14 dress and a telephone number, if any, at which 

15 the alien may be contacted.’’; 

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

17 General’’ each place such term appears and inserting 

18 ‘‘Secretary of Homeland Security’’; 

19 (3) in subsection (c), by striking ‘‘given to such 

20 parent’’ and inserting ‘‘given by such parent’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(d) ADDRESS TO BE PROVIDED.— 

23 ‘‘(1) IN GENERAL.—Except as otherwise pro24 vided by the Secretary under paragraph (2), an ad25 dress provided by an alien under this section shall 


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1 be the alien’s current residential mailing address, 

2 and shall not be a post office box or other non-resi3 dential mailing address or the address of an attor4 ney, representative, labor organization, or employer. 

5 ‘‘(2) SPECIFIC REQUIREMENTS.—The Secretary 

6 may provide specific requirements with respect to— 

7 ‘‘(A) designated classes of aliens and spe8 cial circumstances, including aliens who are em9 ployed at a remote location; and 

10 ‘‘(B) the reporting of address information 

11 by aliens who are incarcerated in a Federal, 

12 State, or local correctional facility. 

13 ‘‘(3) DETENTION.—An alien who is being de14 tained by the Secretary under this Act is not re15 quired to report the alien’s current address under 

16 this section during the time the alien remains in de17 tention, but shall be required to notify the Secretary 

18 of the alien’s address under this section at the time 

19 of the alien’s release from detention. 

20 ‘‘(e) USE OF MOST RECENT ADDRESS PROVIDED BY

21 THE ALIEN.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law, the Secretary may provide for the 

24 appropriate coordination and cross referencing of 

25 address information provided by an alien under this 


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1 section with other information relating to the alien’s 

2 address under other Federal programs, including— 

3 ‘‘(A) any information pertaining to the 

4 alien, which is submitted in any application, pe5 tition, or motion filed under this Act with the 

6 Secretary of Homeland Security, the Secretary 

7 of State, or the Secretary of Labor; 

8 ‘‘(B) any information available to the At9 torney General with respect to an alien in a 

10 proceeding before an immigration judge or an 

11 administrative appeal or judicial review of such 

12 proceeding; 

13 ‘‘(C) any information collected with respect 

14 to nonimmigrant foreign students or exchange 

15 program participants under section 641 of the 

16 Illegal Immigration Reform and Immigrant Re17 sponsibility Act of 1996 (8 U.S.C. 1372); and 

18 ‘‘(D) any information collected from State 

19 or local correctional agencies pursuant to the 

20 State Criminal Alien Assistance Program. 

21 ‘‘(2) RELIANCE.—The Secretary may rely on 

22 the most recent address provided by the alien under 

23 this section or section 264 to send to the alien any 

24 notice, form, document, or other matter pertaining 

25 to Federal immigration laws, including service of a 


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1 notice to appear. The Attorney General and the Sec2 retary may rely on the most recent address provided 

3 by the alien under section 239(a)(1)(F) to contact 

4 the alien about pending removal proceedings. 

5 ‘‘(3) OBLIGATION.—The alien’s provision of an 

6 address for any other purpose under the Federal im7 migration laws does not excuse the alien’s obligation 

8 to submit timely notice of the alien’s address to the 

9 Secretary under this section (or to the Attorney 

10 General under section 239(a)(1)(F) with respect to 

11 an alien in a proceeding before an immigration judge 

12 or an administrative appeal of such proceeding).’’. 

13 (b) CONFORMING CHANGES WITH RESPECT TO REG14 ISTRATION REQUIREMENTS.—Chapter 7 of title II (8 

15 U.S.C. 1301 et seq.) is amended— 

16 (1) in section 262(c), by striking ‘‘Attorney 

17 General’’ and inserting ‘‘Secretary of Homeland Se18 curity’’; 

19 (2) in section 263(a), by striking ‘‘Attorney 

20 General’’ and inserting ‘‘Secretary of Homeland Se21 curity’’; and 

22 (3) in section 264— 

23 (A) in subsections (a), (b), (c), and (d), by 

24 striking ‘‘Attorney General’’ each place it apVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 pears and inserting ‘‘Secretary of Homeland 

2 Security’’; and 

3 (B) in subsection (f)— 

4 (i) by striking ‘‘Attorney General is 

5 authorized’’ and inserting ‘‘Secretary of 

6 Homeland Security and Attorney General 

7 are authorized’’; and 

8 (ii) by striking ‘‘Attorney General or 

9 the Service’’ and inserting ‘‘Secretary or 

10 the Attorney General’’. 

11 (c) PENALTIES.—Section 266 (8 U.S.C. 1306) is 

12 amended— 

13 (1) by amending subsection (b) to read as fol14 lows: 

15 ‘‘(b) FAILURE TO PROVIDE NOTICE OF ALIEN’S

16 CURRENT ADDRESS.— 

17 ‘‘(1) CRIMINAL PENALTIES.—Any alien or any 

18 parent or legal guardian in the United States of any 

19 minor alien who fails to notify the Secretary of 

20 Homeland Security of the alien’s current address in 

21 accordance with section 265 shall be fined under 

22 title 18, United States Code, imprisoned for not 

23 more than 6 months, or both. 

24 ‘‘(2) EFFECT ON IMMIGRATION STATUS.—Any 

25 alien who violates section 265 (regardless of whether 


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1 the alien is punished under paragraph (1)) and does 

2 not establish to the satisfaction of the Secretary that 

3 such failure was reasonably excusable or was not 

4 willful shall be taken into custody in connection with 

5 removal of the alien. If the alien has not been in6 spected or admitted, or if the alien has failed on 

7 more than 1 occasion to submit notice of the alien’s 

8 current address as required under section 265, the 

9 alien may be presumed to be a flight risk. The Sec10 retary or the Attorney General, in considering any 

11 form of relief from removal which may be granted 

12 in the discretion of the Secretary or the Attorney 

13 General, may take into consideration the alien’s fail14 ure to comply with section 265 as a separate nega15 tive factor. If the alien failed to comply with the re16 quirements of section 265 after becoming subject to 

17 a final order of removal, deportation, or exclusion, 

18 the alien’s failure shall be considered as a strongly 

19 negative factor with respect to any discretionary mo20 tion for reopening or reconsideration filed by the 

21 alien.’’; 

22 (2) in subsection (c), by inserting ‘‘or a notice 

23 of current address’’ before ‘‘containing statements’’; 

24 and 


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1 (3) in subsections (c) and (d), by striking ‘‘At2 torney General’’ each place it appears and inserting 

3 ‘‘Secretary’’. 

4 (d) EFFECTIVE DATES.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the amendments made by this section 

7 shall apply to proceedings initiated on or after the 

8 date of the enactment of this Act. 

9 (2) CONFORMING AND TECHNICAL AMEND10 MENTS.—The amendments made by paragraphs 

11 (1)(A), (1)(B), (2) and (3) of subsection (a) are ef12 fective as if enacted on March 1, 2003. 

13 SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL 

14 IMMIGRATION LAWS. 

15 (a) IN GENERAL.—Section 287(g) (8 U.S.C. 

16 1357(g)) is amended— 

17 (1) in paragraph (2), by adding at the end the 

18 following: ‘‘If such training is provided by a State or 

19 political subdivision of a State to an officer or em20 ployee of such State or political subdivision of a 

21 State, the cost of such training (including applicable 

22 overtime costs) shall be reimbursed by the Secretary 

23 of Homeland Security.’’; and 

24 (2) in paragraph (4), by adding at the end the 

25 following: ‘‘The cost of any equipment required to be 


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1 purchased under such written agreement and nec2 essary to perform the functions under this sub3 section shall be reimbursed by the Secretary of 

4 Homeland Security.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary such 

7 sums as may be necessary to carry out this section and 

8 the amendments made by this section. 

9 SEC. 225. REMOVAL OF DRUNK DRIVERS. 

10 (a) IN GENERAL.—Section 101(a)(43)(F) (8 U.S.C. 

11 1101(a)(43)(F)) is amended by inserting ‘‘, including a 

12 third drunk driving conviction, regardless of the States in 

13 which the convictions occurred or whether the offenses are 

14 classified as misdemeanors or felonies under State law,’’ 

15 after ‘‘offense)’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall— 

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

19 this Act; and 

20 (2) apply to convictions entered on or after 

21 such date. 

22 SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS. 

23 Section 220(c) of the Immigration and Nationality 

24 Technical Corrections Act of 1994 (8 U.S.C. 1182 note) 

25 is amended by striking ‘‘and before June 1, 2006’’. 


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1 SEC. 227. EXPEDITED REMOVAL. 

2 (a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 

3 amended— 

4 (1) by striking the section heading and insert5 ing ‘‘EXPEDITED REMOVAL OF CRIMINAL

6 ALIENS’’; 

7 (2) in subsection (a), by striking the subsection 

8 heading and inserting: ‘‘EXPEDITED REMOVAL

9 FROM CORRECTIONAL FACILITIES.—’’; 

10 (3) in subsection (b), by striking the subsection 

11 heading and inserting: ‘‘REMOVAL OF CRIMINAL

12 ALIENS.—’’; 

13 (4) in subsection (b), by striking paragraphs 

14 (1) and (2) and inserting the following: 

15 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

16 Security may, in the case of an alien described in 

17 paragraph (2), determine the deportability of such 

18 alien and issue an order of removal pursuant to the 

19 procedures set forth in this subsection or section 

20 240. 

21 ‘‘(2) ALIENS DESCRIBED.—An alien is de22 scribed in this paragraph if the alien— 

23 ‘‘(A) has not been lawfully admitted to the 

24 United States for permanent residence; and 


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1 ‘‘(B) was convicted of any criminal offense 

2 described in subparagraph (A)(iii), (C), or (D) 

3 of section 237(a)(2).’’; 

4 (5) in the subsection (c) that relates to pre5 sumption of deportability, by striking ‘‘convicted of 

6 an aggravated felony’’ and inserting ‘‘described in 

7 subsection (b)(2)’’; 

8 (6) by redesignating the subsection (c) that re9 lates to judicial removal as subsection (d); and 

10 (7) in subsection (d)(5) (as so redesignated), by 

11 striking ‘‘, who is deportable under this Act,’’. 

12 (b) APPLICATION TO CERTAIN ALIENS.— 

13 (1) IN GENERAL.—Section 235(b)(1)(A)(iii) (8 

14 U.S.C. 1225(b)(1)(A)(iii)) is amended— 

15 (A) in subclause (I), by striking ‘‘Attorney 

16 General’’ and inserting ‘‘Secretary of Homeland 

17 Security’’ each place it appears; and 

18 (B) by adding at the end the following new 

19 subclause: 

20 ‘‘(III) EXCEPTION.—Notwith21 standing subclauses (I) and (II), the 

22 Secretary of Homeland Security shall 

23 apply clauses (i) and (ii) of this sub24 paragraph to any alien (other than an 

25 alien described in subparagraph (F)) 


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1 who is not a national of a country 

2 contiguous to the United States, who 

3 has not been admitted or paroled into 

4 the United States, and who is appre5 hended within 100 miles of an inter6 national land border of the United 

7 States and within 14 days of entry.’’. 

8 (2) EXCEPTIONS.—Section 235(b)(1)(F) of the 

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

10 1225(b)(1)(F)) is amended— 

11 (A) by striking ‘‘and who arrives by air12 craft at a port of entry’’ and inserting 

13 ‘‘and—’’; and 

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

15 ‘‘(i) who arrives by aircraft at a port 

16 of entry; or 

17 ‘‘(ii) who is present in the United 

18 States and arrived in any manner at or be19 tween a port of entry.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the date of the enactment 

22 of this Act and shall apply to all aliens apprehended or 

23 convicted on or after such date. 


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1 SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED 

2 SEX OFFENDERS. 

3 (a) IMMIGRANTS.—Section 204(a)(1) (8 U.S.C. 

4 1154(a)(1)), is amended— 

5 (1) in subparagraph (A)(i), by striking ‘‘Any’’ 

6 and inserting ‘‘Except as provided in clause (vii), 

7 any’’; 

8 (2) in subparagraph (A), by inserting after 

9 clause (vi) the following: 

10 ‘‘(vii) Clause (i) shall not apply to a citizen of the 

11 United States who has been convicted of an offense de12 scribed in subparagraph (A), (I), or (K) of section 

13 101(a)(43), unless the Secretary of Homeland Security, 

14 in the Secretary’s sole and unreviewable discretion, deter15 mines that the citizen poses no risk to the alien with re16 spect to whom a petition described in clause (i) is filed.’’; 

17 and 

18 (3) in subparagraph (B)(i)— 

19 (A) by striking ‘‘Any alien’’ and inserting 

20 the following: ‘‘(I) Except as provided in sub21 clause (II), any alien’’; and 

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

23 ‘‘(II) Subclause (I) shall not apply in the case of an 

24 alien admitted for permanent residence who has been con25 victed of an offense described in subparagraph (A), (I), 

26 or (K) of section 101(a)(43), unless the Secretary of 


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1 Homeland Security, in the Secretary’s sole and 

2 unreviewable discretion, determines that the alien lawfully 

3 admitted for permanent residence poses no risk to the 

4 alien with respect to whom a petition described in sub5 clause (I) is filed.’’. 

6 (b) NONIMMIGRANTS.—Section 101(a)(15)(K) (8 

7 U.S.C. 1101(a)(15)(K)), is amended by inserting ‘‘(other 

8 than a citizen described in section 204(a)(1)(A)(vii))’’ 

9 after ‘‘citizen of the United States’’ each place that phrase 

10 appears. 

11 SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND 

12 POLITICAL SUBDIVISIONS AND TRANSFER TO 

13 FEDERAL CUSTODY. 

14 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et. seq.) 

15 is amended by adding after section 240C the following new 

16 section: 

17 ‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES 

18 AND POLITICAL SUBDIVISIONS AND TRANS19 FER OF ALIENS TO FEDERAL CUSTODY. 

20 ‘‘(a) AUTHORITY.—Notwithstanding any other provi21 sion of law, law enforcement personnel of a State, or a 

22 political subdivision of a State, have the inherent authority 

23 of a sovereign entity to investigate, apprehend, arrest, de24 tain, or transfer to Federal custody (including the trans25 portation across State lines to detention centers) an alien 


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1 for the purpose of assisting in the enforcement of the 

2 criminal provisions of the immigration laws of the United 

3 States in the normal course of carrying out the law en4 forcement duties of such personnel. This State authority 

5 has never been displaced or preempted by a Federal law. 

6 ‘‘(b) CONSTRUCTION.—Nothing in this section shall 

7 be construed to require law enforcement personnel of a 

8 State or a political subdivision to assist in the enforcement 

9 of the immigration laws of the United States. 

10 ‘‘(c) TRANSFER.—If the head of a law enforcement 

11 entity of a State (or, if appropriate, a political subdivision 

12 of the State) exercising authority with respect to the ap13 prehension or arrest of an alien submits a request to the 

14 Secretary of Homeland Security that the alien be taken 

15 into Federal custody, the Secretary of Homeland Secu16 rity— 

17 ‘‘(1) shall— 

18 ‘‘(A) deem the request to include the in19 quiry to verify immigration status described in 

20 section 642(c) of the Illegal Immigration Re21 form and Immigrant Responsibility Act of 1996 

22 (8 U.S.C. 1373(c)), and expeditiously inform 

23 the requesting entity whether such individual is 

24 an alien lawfully admitted to the United States 


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1 or is otherwise lawfully present in the United 

2 States; and 

3 ‘‘(B) if the individual is an alien who is not 

4 lawfully admitted to the United States or other5 wise is not lawfully present in the United 

6 States— 

7 ‘‘(i) take the illegal alien into the cus8 tody of the Federal Government not later 

9 than 72 hours after— 

10 ‘‘(I) the conclusion of the State 

11 charging process or dismissal process; 

12 or 

13 ‘‘(II) the illegal alien is appre14 hended, if no State charging or dis15 missal process is required; or 

16 ‘‘(ii) request that the relevant State or 

17 local law enforcement agency temporarily 

18 detain or transport the alien to a location 

19 for transfer to Federal custody; and 

20 ‘‘(2) shall designate at least 1 Federal, State, 

21 or local prison or jail or a private contracted prison 

22 or detention facility within each State as the central 

23 facility for that State to transfer custody of aliens 

24 to the Department of Homeland Security. 

25 ‘‘(d) REIMBURSEMENT.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

2 Security shall reimburse a State, or a political sub3 division of a State, for expenses, as verified by the 

4 Secretary, incurred by the State or political subdivi5 sion in the detention and transportation of an alien 

6 as described in subparagraphs (A) and (B) of sub7 section (c)(1). 

8 ‘‘(2) COST COMPUTATION.—Compensation pro9 vided for costs incurred under subparagraphs (A) 

10 and (B) of subsection (c)(1) shall be— 

11 ‘‘(A) the product of— 

12 ‘‘(i) the average daily cost of incarcer13 ation of a prisoner in the relevant State, as 

14 determined by the chief executive officer of 

15 a State (or, as appropriate, a political sub16 division of the State); multiplied by 

17 ‘‘(ii) the number of days that the alien 

18 was in the custody of the State or political 

19 subdivision; plus 

20 ‘‘(B) the cost of transporting the alien 

21 from the point of apprehension or arrest to the 

22 location of detention, and if the location of de23 tention and of custody transfer are different, to 

24 the custody transfer point; plus 


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1 ‘‘(C) the cost of uncompensated emergency 

2 medical care provided to a detained alien during 

3 the period between the time of transmittal of 

4 the request described in subsection (c) and the 

5 time of transfer into Federal custody. 

6 ‘‘(e) REQUIREMENT FOR APPROPRIATE SECURITY.— 

7 The Secretary of Homeland Security shall ensure that— 

8 ‘‘(1) aliens incarcerated in a Federal facility 

9 pursuant to this section are held in facilities which 

10 provide an appropriate level of security; and 

11 ‘‘(2) if practicable, aliens detained solely for 

12 civil violations of Federal immigration law are sepa13 rated within a facility or facilities. 

14 ‘‘(f) REQUIREMENT FOR SCHEDULE.—In carrying 

15 out this section, the Secretary of Homeland Security shall 

16 establish a regular circuit and schedule for the prompt 

17 transportation of apprehended aliens from the custody of 

18 those States, and political subdivisions of States, which 

19 routinely submit requests described in subsection (c), into 

20 Federal custody. 

21 ‘‘(g) AUTHORITY FOR CONTRACTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

23 Security may enter into contracts or cooperative 

24 agreements with appropriate State and local law enVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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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 for each subsequent fiscal year for the detention 

21 and removal of aliens not lawfully present in the United 

22 States under the Immigration and Nationality Act (8 

23 U.S.C. 1101 et. seq.). 


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1 SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS. 

2 Section 1956(c)(7)(D) of title 18, United States 

3 Code, is amended— 

4 (1) by inserting ‘‘section 1590 (relating to traf5 ficking with respect to peonage, slavery, involuntary 

6 servitude, or forced labor),’’ after ‘‘section 1363 (re7 lating to destruction of property within the special 

8 maritime and territorial jurisdiction),’’; and 

9 (2) by inserting ‘‘section 274(a) of the Immi10 gration and Nationality Act (8 U.S.C.1324(a)) (re11 lating to bringing in and harboring certain aliens),’’ 

12 after ‘‘section 590 of the Tariff Act of 1930 (19 

13 U.S.C. 1590) (relating to aviation smuggling),’’. 

14 SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NA15 TIONAL CRIME INFORMATION CENTER DATA16 BASE. 

17 (a) PROVISION OF INFORMATION TO THE NATIONAL

18 CRIME INFORMATION CENTER.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (3), not later than 180 days after the date of 

21 the enactment of this Act, the Secretary shall pro22 vide to the head of the National Crime Information 

23 Center of the Department of Justice the information 

24 that the Secretary has or maintains related to any 

25 alien— 


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1 (A) against whom a final order of removal 

2 has been issued; 

3 (B) who enters into a voluntary departure 

4 agreement, or is granted voluntary departure by 

5 an immigration judge, whose period for depar6 ture has expired under subsection (a)(3) of sec7 tion 240B of the Immigration and Nationality 

8 Act (8 U.S.C. 1229c) (as amended by section 

9 211(a)(1)(C)), subsection (b)(2) of such section 

10 240B, or who has violated a condition of a vol11 untary departure agreement under such section 

12 240B; 

13 (C) whom a Federal immigration officer 

14 has confirmed to be unlawfully present in the 

15 United States; and 

16 (D) whose visa has been revoked. 

17 (2) REMOVAL OF INFORMATION.—The head of 

18 the National Crime Information Center should 

19 promptly remove any information provided by the 

20 Secretary under paragraph (1) related to an alien 

21 who is granted lawful authority to enter or remain 

22 legally in the United States. 

23 (3) PROCEDURE FOR REMOVAL OF ERRONEOUS

24 INFORMATION.—The Secretary, in consultation with 

25 the head of the National Crime Information Center 


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1 of the Department of Justice, shall develop and im2 plement a procedure by which an alien may petition 

3 the Secretary or head of the National Crime Infor4 mation Center, as appropriate, to remove any erro5 neous information provided by the Secretary under 

6 paragraph (1) related to such alien. Under such pro7 cedures, failure by the alien to receive notice of a 

8 violation of the immigration laws shall not constitute 

9 cause for removing information provided by the Sec10 retary under paragraph (1) related to such alien, un11 less such information is erroneous. Notwithstanding 

12 the 180-day time period set forth in paragraph (1), 

13 the Secretary shall not provide the information re14 quired under paragraph (1) until the procedures re15 quired by this paragraph are developed and imple16 mented. 

17 (b) INCLUSION OF INFORMATION IN THE NATIONAL

18 CRIME INFORMATION CENTER DATABASE.—Section 

19 534(a) of title 28, United States Code, is amended— 

20 (1) in paragraph (3), by striking ‘‘and’’ at the 

21 end; 

22 (2) by redesignating paragraph (4) as para23 graph (5); and 

24 (3) by inserting after paragraph (3) the fol25 lowing new paragraph: 


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1 ‘‘(4) acquire, collect, classify, and preserve 

2 records of violations of the immigration laws of the 

3 United States; and’’. 

4 SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS. 

5 Not later than 2 years after the date of the enact6 ment of this Act, the Secretary shall negotiate and exe7 cute, where practicable, a cooperative enforcement agree8 ment described in section 287(g) of the Immigration and 

9 Nationality Act (8 U.S.C. 1357(g)) with at least 1 law 

10 enforcement agency in each State, to train law enforce11 ment officers in the detection and apprehension of individ12 uals engaged in transporting, harboring, sheltering, or en13 couraging aliens in violation of section 274 of such Act 

14 (8 U.S.C. 1324). 

15 SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND 

16 THE UTILIZATION OF FACILITIES IDENTIFIED 

17 FOR CLOSURES AS A RESULT OF THE DE18 FENSE BASE CLOSURE REALIGNMENT ACT 

19 OF 1990. 

20 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

21 FACILITIES.— 

22 (1) IN GENERAL.—The Secretary shall con23 struct or acquire, in addition to existing facilities for 

24 the detention of aliens, at least 20 detention facili25 ties in the United States that have the capacity to 


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1 detain a combined total of not less than 20,000 indi2 viduals at any time for aliens detained pending re3 moval or a decision on removal of such aliens from 

4 the United States subject to available appropria5 tions. 

6 (b) CONSTRUCTION OF OR ACQUISITION OF DETEN7 TION FACILITIES.— 

8 (1) REQUIREMENT TO CONSTRUCT OR AC9 QUIRE.—The Secretary shall construct or acquire 

10 additional detention facilities in the United States to 

11 accommodate the detention beds required by section 

12 5204(a) of the Intelligence Reform and Terrorism 

13 Protection Act of 2004, as amended by subsection 

14 (a), subject to available appropriations. 

15 (2) USE OF ALTERNATE DETENTION FACILI16 TIES.—Subject to the availability of appropriations, 

17 the Secretary shall fully utilize all possible options to 

18 cost effectively increase available detention capac19 ities, and shall utilize detention facilities that are 

20 owned and operated by the Federal Government if 

21 the use of such facilities is cost effective. 

22 (3) USE OF INSTALLATIONS UNDER BASE CLO23 SURE LAWS.—In acquiring additional detention fa24 cilities under this subsection, the Secretary shall 

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1 tary installations approved for closure or realign2 ment under the Defense Base Closure and Realign3 ment Act of 1990 (part A of title XXIX of Public 

4 Law 101–510; 10 U.S.C. 2687 note) for use in ac5 cordance with subsection (a). 

6 (4) DETERMINATION OF LOCATION.—The loca7 tion of any detention facility constructed or acquired 

8 in accordance with this subsection shall be deter9 mined, with the concurrence of the Secretary, by the 

10 senior officer responsible for Detention and Removal 

11 Operations in the Department. The detention facili12 ties shall be located so as to enable the officers and 

13 employees of the Department to increase to the max14 imum extent practicable the annual rate and level of 

15 removals of illegal aliens from the United States. 

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

17 1 year after the date of the enactment of this Act, and 

18 annually thereafter, in consultation with the heads of 

19 other appropriate Federal agencies, the Secretary shall 

20 submit to Congress an assessment of the additional deten21 tion facilities and bed space needed to detain unlawful 

22 aliens apprehended at the United States ports of entry or 

23 along the international land borders of the United States. 


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1 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as may be 

6 necessary to carry out this section. 

7 SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF 

8 INDIVIDUALS CHARGED WITH FEDERAL OF9 FENSES. 

10 (a) RESPONSIBILITY OF UNITED STATES ATTOR11 NEYS.—Beginning not later than 2 years after the date 

12 of the enactment of this Act, the office of the United 

13 States Attorney that is prosecuting a criminal case in a 

14 Federal court— 

15 (1) shall determine, not later than 30 days 

16 after filing the initial pleadings in the case, whether 

17 each defendant in the case is lawfully present in the 

18 United States (subject to subsequent legal pro19 ceedings to determine otherwise); 

20 (2)(A) if the defendant is determined to be an 

21 alien lawfully present in the United States, shall no22 tify the court in writing of the determination and 

23 the current status of the alien under the Immigra24 tion and Nationality Act (8 U.S.C. 1101 et seq.); 

25 and 


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1 (B) if the defendant is determined not to be 

2 lawfully present in the United States, shall notify 

3 the court in writing of the determination, the de4 fendant’s alien status, and, to the extent possible, 

5 the country of origin or legal residence of the de6 fendant; and 

7 (3) ensure that the information described in 

8 paragraph (2) is included in the case file and the 

9 criminal records system of the office of the United 

10 States attorney. 

11 (b) GUIDELINES.—A determination made under sub12 section (a)(1) shall be made in accordance with guidelines 

13 of the Executive Office for Immigration Review of the De14 partment of Justice. 

15 (c) RESPONSIBILITIES OF FEDERAL COURTS.— 

16 (1) MODIFICATIONS OF RECORDS AND CASE

17 MANAGEMENTS SYSTEMS.—Not later than 2 years 

18 after the date of the enactment of this Act, all Fed19 eral courts that hear criminal cases, or appeals of 

20 criminal cases, shall modify their criminal records 

21 and case management systems, in accordance with 

22 guidelines which the Director of the Administrative 

23 Office of the United States Courts shall establish, so 

24 as to enable accurate reporting of information de25 scribed in subsection (a)(2). 


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1 (2) DATA ENTRIES.—Beginning not later than 

2 2 years after the date of the enactment of this Act, 

3 each Federal court described in paragraph (1) shall 

4 enter into its electronic records the information con5 tained in each notification to the court under sub6 section (a)(2). 

7 (d) CONSTRUCTION.—Nothing in this section may be 

8 construed to provide a basis for admitting evidence to a 

9 jury or releasing information to the public regarding an 

10 alien’s immigration status. 

11 (e) ANNUAL REPORT TO CONGRESS.—The Director 

12 of the Administrative Office of the United States Courts 

13 shall include, in the annual report filed with Congress 

14 under section 604 of title 28, United States Code— 

15 (1) statistical information on criminal trials of 

16 aliens in the courts and criminal convictions of 

17 aliens in the lower courts and upheld on appeal, in18 cluding the type of crime in each case and including 

19 information on the legal status of the aliens; and 

20 (2) recommendations on whether additional 

21 court resources are needed to accommodate the vol22 ume of criminal cases brought against aliens in the 

23 Federal courts. 

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated for each of the fiscal 


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1 years 2008 through 2012, such sums as may be necessary 

2 to carry out this Act. Funds appropriated pursuant to this 

3 subsection in any fiscal year shall remain available until 

4 expended. 

5 SEC. 235. EXPANSION OF THE JUSTICE PRISONER AND 

6 ALIEN TRANSFER SYSTEM. 

7 Not later than 60 days after the date of enactment 

8 of this Act, the Attorney General shall issue a directive 

9 to expand the Justice Prisoner and Alien Transfer System 

10 to provide additional services with respect to aliens who 

11 are illegally present in the United States. Such expansion 

12 should include— 

13 (1) increasing the daily operations of such Sys14 tem with buses and air hubs in 3 geographic regions; 

15 (2) allocating a set number of seats for such 

16 aliens for each metropolitan area; 

17 (3) allowing metropolitan areas to trade or give 

18 some of seats allocated to them under the System 

19 for such aliens to other areas in their region based 

20 on the transportation needs of each area; and 

21 (4) requiring an annual report that analyzes of 

22 the number of seats that each metropolitan area is 

23 allocated under this System for such aliens and 

24 modifies such allocation if necessary. 


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1 TITLE III—UNLAWFUL 

2 EMPLOYMENT OF ALIENS 

3 SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS. 

4 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 

5 is amended to read as follows: 

6 ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. 

7 ‘‘(a) MAKING EMPLOYMENT OF UNAUTHORIZED

8 ALIENS UNLAWFUL.— 

9 ‘‘(1) IN GENERAL.—It is unlawful for an em10 ployer— 

11 ‘‘(A) to hire, or to recruit or refer for a 

12 fee, an alien for employment in the United 

13 States knowing, or with reckless disregard, that 

14 the alien is an unauthorized alien with respect 

15 to such employment; or 

16 ‘‘(B) to hire, or to recruit or refer for a 

17 fee, for employment in the United States an in18 dividual unless such employer meets the re19 quirements of subsections (c) and (d). 

20 ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw21 ful for an employer, after lawfully hiring an alien for 

22 employment, to continue to employ the alien in the 

23 United States knowing that the alien is (or has be24 come) an unauthorized alien with respect to such 

25 employment. 


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1 ‘‘(3) USE OF LABOR THROUGH CONTRACT.— 

2 ‘‘(A) IN GENERAL.—An employer who uses 

3 a contract, subcontract, or exchange to obtain 

4 the labor of an alien in the United States know5 ing, or with reckless disregard— 

6 ‘‘(i) that the alien is an unauthorized 

7 alien with respect to performing such 

8 labor, shall be considered to have hired the 

9 alien in violation of paragraph (1)(A); or 

10 ‘‘(ii) that the person hiring such alien 

11 failed to comply with the requirements of 

12 subsections (c) and (d) shall be considered 

13 to have hired the alien in violation of para14 graph (1)(B). 

15 ‘‘(B) INFORMATION SHARING.—The person 

16 hiring the alien shall provide to the employer, 

17 who obtains the labor of the alien, the employer 

18 identification number assigned to such person 

19 by the Commissioner of Internal Revenue. Fail20 ure to provide such number shall be considered 

21 a recordkeeping violation under subsection 

22 (e)(4)(B). 

23 ‘‘(C) REPORTING REQUIREMENT.—The 

24 employer shall submit to the Electronic 

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1 section (d), in a manner prescribed by the Sec2 retary, the employer identification number pro3 vided by the person hiring the alien. Failure to 

4 submit such number shall be considered a rec5 ordkeeping violation under subsection (e)(4)(B). 

6 ‘‘(D) ENFORCEMENT.—The Secretary shall 

7 implement procedures to utilize the information 

8 obtained under subparagraphs (B) and (C) to 

9 identify employers who use a contract, sub10 contract, or exchange to obtain the labor of an 

11 alien from another person, where such person 

12 hiring such alien fails to comply with the re13 quirements of subsections (c) and (d). 

14 ‘‘(4) DEFENSE.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), an employer that establishes that 

17 the employer has complied in good faith with 

18 the requirements of subsections (c) and (d) has 

19 established an affirmative defense that the em20 ployer has not violated paragraph (1)(A) with 

21 respect to such hiring, recruiting, or referral. 

22 ‘‘(B) EXCEPTION.—Until the date that an 

23 employer is required to participate in the Elec24 tronic Employment Verification System under 

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1 tem on a voluntary basis, the employer may es2 tablish an affirmative defense under subpara3 graph (A) by complying with the requirements 

4 of subsection (c). 

5 ‘‘(b) ORDER OF INTERNAL REVIEW AND CERTIFI6 CATION OF COMPLIANCE.— 

7 ‘‘(1) AUTHORITY TO REQUIRE CERTIFI8 CATION.—If the Secretary has reasonable cause to 

9 believe that an employer has failed to comply with 

10 this section, the Secretary is authorized, at any time, 

11 to require that the employer certify that the em12 ployer is in compliance with this section, or has in13 stituted a program to come into compliance. 

14 ‘‘(2) CONTENT OF CERTIFICATION.—Not later 

15 than 60 days after the date an employer receives a 

16 request for a certification under paragraph (1) the 

17 employer shall certify under penalty of perjury 

18 that— 

19 ‘‘(A) the employer is in compliance with 

20 the requirements of subsections (c) and (d); or 

21 ‘‘(B) that the employer has instituted a 

22 program to come into compliance with such re23 quirements. 

24 ‘‘(3) EXTENSION.—The 60-day period referred 

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1 retary for good cause, at the request of the em2 ployer. 

3 ‘‘(4) PUBLICATION.—The Secretary is author4 ized to publish in the Federal Register standards or 

5 methods for certification under paragraph (1) and 

6 for specific recordkeeping practices with respect to 

7 such certification, and procedures for the audit of 

8 any records related to such certification. 

9 ‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.— 

10 An employer hiring, or recruiting or referring for a fee, 

11 an individual for employment in the United States shall 

12 verify that the individual is eligible for such employment 

13 by meeting the following requirements: 

14 ‘‘(1) ATTESTATION BY EMPLOYER.— 

15 ‘‘(A) REQUIREMENTS.— 

16 ‘‘(i) IN GENERAL.—The employer 

17 shall attest, under penalty of perjury and 

18 on a form prescribed by the Secretary, that 

19 the employer has verified the identity and 

20 eligibility for employment of the individual 

21 by examining a document described in sub22 paragraph (B). 

23 ‘‘(ii) SIGNATURE REQUIREMENTS.— 

24 An attestation required by clause (i) may 


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1 be manifested by a handwritten or elec2 tronic signature. 

3 ‘‘(iii) STANDARDS FOR EXAMINA4 TION.—The employer has complied with 

5 the requirement of this paragraph with re6 spect to examination of documentation if a 

7 reasonable person would conclude that the 

8 document examined is genuine and relates 

9 to the individual whose identity and eligi10 bility for employment in the United States 

11 is being verified. If the individual provides 

12 a document sufficient to meet the require13 ments of this paragraph, nothing in this 

14 paragraph shall be construed as requiring 

15 an employer to solicit any other document 

16 or as requiring the individual to produce 

17 any other document. 

18 ‘‘(B) IDENTIFICATION DOCUMENTS.—A 

19 document described in this subparagraph is— 

20 ‘‘(i) in the case of an individual who 

21 is a national of the United States— 

22 ‘‘(I) a United States passport; or 

23 ‘‘(II) a driver’s license or identity 

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1 lands, or an outlying possession of the 

2 United States that satisfies the re3 quirements of division B of Public 

4 Law 109–13 (119 Stat. 302); 

5 ‘‘(ii) in the case of an alien lawfully 

6 admitted for permanent residence in the 

7 United States, a permanent resident card, 

8 as specified by the Secretary; 

9 ‘‘(iii) in the case of an alien who is 

10 authorized under this Act or by the Sec11 retary to be employed in the United States, 

12 an employment authorization card, as 

13 specified by the Secretary that— 

14 ‘‘(I) contains a photograph of the 

15 individual or other identifying infor16 mation, including name, date of birth, 

17 gender, and address; and 

18 ‘‘(II) contains security features 

19 to make the document resistant to 

20 tampering, counterfeiting, and fraudu21 lent use; 

22 ‘‘(iv) in the case of an individual who 

23 is unable to obtain a document described 

24 in clause (i), (ii), or (iii), a document des25 ignated by the Secretary that— 


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1 ‘‘(I) contains a photograph of the 

2 individual or other identifying infor3 mation, including name, date of birth, 

4 gender, and address; and 

5 ‘‘(II) contains security features 

6 to make the document resistant to 

7 tampering, counterfeiting, and fraudu8 lent use; or 

9 ‘‘(v) until the date that an employer is 

10 required to participate in the Electronic 

11 Employment Verification System under 

12 subsection (d) or is participating in such 

13 System on a voluntary basis, a document, 

14 or a combination of documents, of such 

15 type that, as of the date of the enactment 

16 of the Comprehensive Immigration Reform 

17 Act of 2007, the Secretary had established 

18 by regulation were sufficient for purposes 

19 of this section. 

20 ‘‘(C) AUTHORITY TO PROHIBIT USE OF

21 CERTAIN DOCUMENTS.— 

22 ‘‘(i) AUTHORITY.—If the Secretary 

23 finds that a document or class of docu24 ments described in subparagraph (B) is 

25 not reliable to establish identity or is being 


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1 used fraudulently to an unacceptable de2 gree, the Secretary shall prohibit, or im3 pose conditions, on the use of such docu4 ment or class of documents for purposes of 

5 this subsection. 

6 ‘‘(ii) REQUIREMENT FOR PUBLICA7 TION.—The Secretary shall publish notice 

8 of any findings under clause (i) in the Fed9 eral Register. 

10 ‘‘(2) ATTESTATION OF EMPLOYEE.— 

11 ‘‘(A) REQUIREMENTS.— 

12 ‘‘(i) IN GENERAL.—The individual 

13 shall attest, under penalty of perjury on 

14 the form described in paragraph (1)(A)(i), 

15 that the individual is a national of the 

16 United States, an alien lawfully admitted 

17 for permanent residence, or an alien who is 

18 authorized under this Act or by the Sec19 retary to be hired, or to be recruited or re20 ferred for a fee, in the United States. 

21 ‘‘(ii) SIGNATURE FOR EXAMINA22 TION.—An attestation required by clause 

23 (i) may be manifested by a handwritten or 

24 electronic signature. 


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1 ‘‘(B) PENALTIES.—An individual who 

2 falsely represents that the individual is eligible 

3 for employment in the United States in an at4 testation required by subparagraph (A) shall, 

5 for each such violation, be subject to a fine of 

6 not more than $5,000, a term of imprisonment 

7 not to exceed 3 years, or both. 

8 ‘‘(3) RETENTION OF ATTESTATION.—The em9 ployer shall retain a paper, microfiche, microfilm, or 

10 electronic version of the attestations made under 

11 paragraph (1) and (2) and make such attestations 

12 available for inspection by an officer of the Depart13 ment of Homeland Security, any other person des14 ignated by the Secretary, the Special Counsel for 

15 Immigration-Related Unfair Employment Practices 

16 of the Department of Justice, or the Secretary of 

17 Labor during a period beginning on the date of the 

18 hiring, or recruiting or referring for a fee, of the in19 dividual and ending— 

20 ‘‘(A) in the case of the recruiting or refer21 ral for a fee (without hiring) of an individual, 

22 5 years after the date of the recruiting or refer23 ral; or 

24 ‘‘(B) in the case of the hiring of an indi25 vidual the later of— 


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1 ‘‘(i) 5 years after the date of such hir2 ing; 

3 ‘‘(ii) 1 year after the date the individ4 ual’s employment is terminated; or 

5 ‘‘(iii) in the case of an employer or 

6 class of employers, a period that is less 

7 than the applicable period described in 

8 clause (i) or (ii) if the Secretary reduces 

9 such period for such employer or class of 

10 employers. 

11 ‘‘(4) DOCUMENT RETENTION AND RECORD12 KEEPING REQUIREMENTS.— 

13 ‘‘(A) RETENTION OF DOCUMENTS.—Not14 withstanding any other provision of law, an em15 ployer shall retain, for the applicable period de16 scribed in paragraph (3), the following docu17 ments: 

18 ‘‘(i) IN GENERAL.—The employer 

19 shall copy all documents presented by an 

20 individual described in paragraph (1)(B) 

21 and shall retain paper, microfiche, micro22 film, or electronic copies of such docu23 ments. Such copies shall be designated as 

24 copied documents. 


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1 ‘‘(ii) OTHER DOCUMENTS.—The em2 ployer shall maintain records of any action 

3 taken and copies of any correspondence 

4 written or received with respect to the 

5 verification of an individual’s identity or 

6 eligibility for employment in the United 

7 States. 

8 ‘‘(B) USE OF RETAINED DOCUMENTS.—An 

9 employer shall use copies retained under clause 

10 (i) or (ii) of subparagraph (A) only for the pur11 poses of complying with the requirements of 

12 this subsection, except as otherwise permitted 

13 under law. 

14 ‘‘(5) PENALTIES.—An employer that fails to 

15 comply with the recordkeeping requirements of this 

16 subsection shall be subject to the penalties described 

17 in subsection (e)(4)(B). 

18 ‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI19 FICATION CARDS.—Nothing in this section may be 

20 construed to authorize, directly or indirectly, the 

21 issuance, use, or establishment of a national identi22 fication card. 

23 ‘‘(d) ELECTRONIC EMPLOYMENT VERIFICATION SYS24 TEM.— 


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1 ‘‘(1) REQUIREMENT FOR SYSTEM.—The Sec2 retary, in cooperation with the Commissioner of So3 cial Security, shall implement an Electronic Employ4 ment Verification System (referred to in this sub5 section as the ‘System’) to determine whether— 

6 ‘‘(A) the identifying information submitted 

7 by an individual is consistent with the informa8 tion maintained by the Secretary or the Com9 missioner of Social Security; and 

10 ‘‘(B) such individual is eligible for employ11 ment in the United States. 

12 ‘‘(2) REQUIREMENT FOR PARTICIPATION.—The 

13 Secretary shall require all employers in the United 

14 States to participate in the System, with respect to 

15 all employees hired by the employer on or after the 

16 date that is 18 months after the date that not less 

17 than $400,000,000 have been appropriated and 

18 made available to implement this subsection. 

19 ‘‘(3) OTHER PARTICIPATION IN SYSTEM.—Not20 withstanding paragraph (2), the Secretary has the 

21 authority— 

22 ‘‘(A) to permit any employer that is not re23 quired to participate in the System under para24 graph (2) to participate in the System on a vol25 untary basis; and 


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•S 1348 PCS

1 ‘‘(B) to require any employer or class of 

2 employers to participate on a priority basis in 

3 the System with respect to individuals employed 

4 as of, or hired after, the date of enactment of 

5 the Comprehensive Immigration Reform Act of 

6 2007— 

7 ‘‘(i) if the Secretary designates such 

8 employer or class of employers as a critical 

9 employer based on an assessment of home10 land security or national security needs; or 

11 ‘‘(ii) if the Secretary has reasonable 

12 cause to believe that the employer has en13 gaged in material violations of paragraph 

14 (1), (2), or (3) of subsection (a). 

15 ‘‘(4) REQUIREMENT TO NOTIFY.—The Sec16 retary shall notify the employer or class of employers 

17 in writing regarding the requirement for participa18 tion in the System under paragraph (3)(B) not less 

19 than 60 days prior to the effective date of such re20 quirement. Such notice shall include the training 

21 materials described in paragraph (8)(E)(v). 

22 ‘‘(5) REGISTRATION OF EMPLOYERS.—An em23 ployer shall register the employer’s participation in 

24 the System in the manner prescribed by the Sec25 retary prior to the date the employer is required or 


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•S 1348 PCS

1 permitted to submit information with respect to an 

2 employee under this subsection. 

3 ‘‘(6) ADDITIONAL GUIDANCE.—A registered em4 ployer shall be permitted to utilize any technology 

5 that is consistent with this section and with any reg6 ulation or guidance from the Secretary to streamline 

7 the procedures to facilitate compliance with— 

8 ‘‘(A) the attestation requirement in sub9 section (c); and 

10 ‘‘(B) the employment eligibility verification 

11 requirements in this subsection. 

12 ‘‘(7) CONSEQUENCE OF FAILURE TO PARTICI13 PATE.—If an employer is required to participate in 

14 the System and fails to comply with the require15 ments of the System with respect to an employee— 

16 ‘‘(A) such failure shall be treated as a vio17 lation of subsection (a)(1)(B); and 

18 ‘‘(B) a rebuttable presumption is created 

19 that the employer has violated subsection 

20 (a)(1)(A), however, such presumption may not 

21 apply to a prosecution under subsection (f)(1). 

22 ‘‘(8) DESIGN AND OPERATION OF SYSTEM.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall, 

24 through the System— 


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1 ‘‘(i) respond to each inquiry made by 

2 a registered employer through the Internet 

3 or other electronic media, or over a toll4 free telephone line regarding an individ5 ual’s identity and eligibility for employ6 ment in the United States; and 

7 ‘‘(ii) maintain a record of each such 

8 inquiry and the information provided in re9 sponse to such inquiry. 

10 ‘‘(B) INITIAL INQUIRY.— 

11 ‘‘(i) INFORMATION REQUIRED.—A 

12 registered employer shall, with respect to 

13 the hiring, or recruiting or referring for a 

14 fee, any individual for employment in the 

15 United States, obtain from the individual 

16 and record on the form described in sub17 section (c)(1)(A)(i)— 

18 ‘‘(I) the individual’s name and 

19 date of birth and, if the individual 

20 was born in the United States, the 

21 State in which such individual was 

22 born; 

23 ‘‘(II) the individual’s social secu24 rity account number; 


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•S 1348 PCS

1 ‘‘(III) the employment identifica2 tion number of the individual’s em3 ployer during any one of the 5 most 

4 recently completed calendar years; 

5 and 

6 ‘‘(IV) in the case of an individual 

7 who does not attest that the indi8 vidual is a national of the United 

9 States under subsection (c)(1)(A)(i), 

10 such alien identification or authoriza11 tion number that the Secretary shall 

12 require. 

13 ‘‘(ii) SUBMISSION TO SYSTEM.—A reg14 istered employer shall submit an inquiry 

15 through the System to seek confirmation of 

16 the individual’s identity and eligibility for 

17 employment in the United States— 

18 ‘‘(I) not later than 3 days after 

19 the date of the hiring, or recruiting or 

20 referring for a fee, of the individual 

21 (as the case may be); or 

22 ‘‘(II) in the case of an employee 

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1 graph (3)(B) at such time as the Sec2 retary shall specify. 

3 ‘‘(iii) EMPLOYER IDENTIFICATION

4 NUMBER REQUIREMENTS.— 

5 ‘‘(I) REQUIREMENT TO PRO6 VIDE.—An employer shall provide the 

7 employer identification number issued 

8 to such employer to the individual, 

9 upon request, for purposes of pro10 viding the information under clause 

11 (i)(III). 

12 ‘‘(II) REQUIREMENT TO AFFIRM13 ATIVELY STATE A LACK OF RECENT

14 EMPLOYMENT.—An individual pro15 viding information under clause 

16 (i)(III) who was not employed in the 

17 United States during any of the 5 

18 most recently completed calendar 

19 years shall affirmatively state on the 

20 form described in subsection 

21 (c)(1)(A)(i) that no employer identi22 fication number is provided because 

23 the individual was not employed in the 

24 United States during such period. 


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1 ‘‘(C) INITIAL RESPONSE.—Not later than 

2 10 days after an employer submits an inquiry 

3 to the System regarding an individual, the Sec4 retary shall provide, through the System, to the 

5 employer— 

6 ‘‘(i) if the System is able to confirm 

7 the individual’s identity and eligibility for 

8 employment in the United States, a con9 firmation notice, including the appropriate 

10 codes on such confirmation notice; or 

11 ‘‘(ii) if the System is unable to con12 firm the individual’s identity or eligibility 

13 for employment in the United States, and 

14 after a secondary manual verification has 

15 been conducted, a tentative nonconfirma16 tion notice, including the appropriate codes 

17 on such tentative nonconfirmation notice. 

18 ‘‘(D) CONFIRMATION OR NONCONFIRMA19 TION.— 

20 ‘‘(i) CONFIRMATION UPON INITIAL IN21 QUIRY.—If an employer receives a con22 firmation notice under paragraph (C)(i) for 

23 an individual, the employer shall record, on 

24 the form described in subsection 


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1 (c)(1)(A)(i), the appropriate code provided 

2 in such notice. 

3 ‘‘(ii) TENTATIVE NONCONFIRMA4 TION.—If an employer receives a tentative 

5 nonconfirmation notice under paragraph 

6 (C)(ii) for an individual, the employer shall 

7 inform such individual of the issuance of 

8 such notice in writing, on a form pre9 scribed by the Secretary not later than 3 

10 days after receiving such notice. Such indi11 vidual shall acknowledge receipt of such 

12 notice in writing on the form described in 

13 subsection (c)(1)(A)(i). 

14 ‘‘(iii) NO CONTEST.—If the individual 

15 does not contest the tentative nonconfirma16 tion notice within 10 days of receiving no17 tice from the individual’s employer, the no18 tice shall become final and the employer 

19 shall record on the form described in sub20 section (1)(A)(i), the appropriate code pro21 vided through the System to indicate the 

22 individual did not contest the tentative 

23 nonconfirmation. An individual’s failure to 

24 contest a tentative nonconfirmation shall 

25 not be considered an admission of guilt 


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1 with respect to any violation of this Act or 

2 any other provision of law. 

3 ‘‘(iv) CONTEST.—If the individual 

4 contests the tentative nonconfirmation no5 tice, the individual shall submit appro6 priate information to contest such notice 

7 under the procedures established in sub8 paragraph (E)(iii) not later than 10 days 

9 after receiving the notice from the individ10 ual’s employer. 

11 ‘‘(v) EFFECTIVE PERIOD OF TEN12 TATIVE NONCONFIRMATION NOTICE.—A 

13 tentative nonconfirmation notice shall re14 main in effect until such notice becomes 

15 final under clause (iii), or the earlier of— 

16 ‘‘(I) a final confirmation notice 

17 or final nonconfirmation notice is 

18 issued through the System; or 

19 ‘‘(II) 30 days after the individual 

20 contests a tentative nonconfirmation 

21 under clause (iv). 

22 ‘‘(vi) AUTOMATIC FINAL NOTICE.— 

23 ‘‘(I) IN GENERAL.—If a final no24 tice is not issued within the 30-day 

25 period described in clause (v)(II), the 


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1 Secretary shall automatically provide 

2 to the employer, through the System, 

3 the appropriate code indicating a final 

4 notice. 

5 ‘‘(II) PERIOD PRIOR TO INITIAL

6 CERTIFICATION.—During the period 

7 beginning on the date of the enact8 ment of the Comprehensive Immigra9 tion Reform Act of 2007 and ending 

10 on the date the Secretary submits the 

11 initial report described in subpara12 graph (E)(ii), an automatic notice 

13 issued under subclause (I) shall be a 

14 final confirmation notice. 

15 ‘‘(III) PERIOD AFTER INITIAL

16 CERTIFICATION.—After the date that 

17 the Secretary submits the initial re18 port described in subparagraph 

19 (E)(ii), an automatic notice issued 

20 under subclause (I) shall be a final 

21 confirmation notice unless the most 

22 recent such report includes a certifi23 cation that the System is able to cor24 rectly issue, within the period begin25 ning on the date an employer submits 


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1 an inquiry to the System and ending 

2 on the date an automatic default no3 tice would be issued by the System, a 

4 final notice in at least 99 percent of 

5 the cases in which the notice relates 

6 to an individual who is eligible for em7 ployment in the United States. If the 

8 most recent such report includes such 

9 a certification, the automatic notice 

10 issued under subclause (I) shall be a 

11 final nonconfirmation notice. 

12 ‘‘(IV) ADDITIONAL AUTHOR13 ITY.—Notwithstanding the second 

14 sentence of subclause (III), the Sec15 retary shall have the authority to 

16 issue a final confirmation notice for 

17 an individual who would be subject to 

18 a final nonconfirmation notice under 

19 such sentence. In such a case, the 

20 Secretary shall determine the individ21 ual’s eligibility for employment in the 

22 United States and record the results 

23 of such determination in the System 

24 within 12 months. 


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1 ‘‘(vii) EFFECTIVE PERIOD OF FINAL

2 NOTICE.—A final confirmation notice 

3 issued under this paragraph for an indi4 vidual shall remain in effect— 

5 ‘‘(I) during any continuous pe6 riod of employment of such individual 

7 by such employer, unless the Sec8 retary determines the final confirma9 tion was the result of identity fraud; 

10 or 

11 ‘‘(II) in the case of an alien au12 thorized to be employed in the United 

13 States for a temporary period, during 

14 such period. 

15 ‘‘(viii) PROHIBITION ON TERMI16 NATION.—An employer may not terminate 

17 the employment of an individual based on 

18 a tentative nonconfirmation notice until 

19 such notice becomes final under clause (iii) 

20 or a final nonconfirmation notice is issued 

21 for the individual by the System. Nothing 

22 in this clause shall prohibit the termination 

23 of employment for any reason other than 

24 such tentative nonconfirmation. 


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1 ‘‘(ix) RECORDING OF CONTEST RESO2 LUTION.—The employer shall record on 

3 the form described in subsection 

4 (c)(1)(A)(i) the appropriate code that is 

5 provided through the System to indicate a 

6 final confirmation notice or final noncon7 firmation notice. 

8 ‘‘(x) CONSEQUENCES OF NONCON9 FIRMATION.—If the employer has received 

10 a final nonconfirmation regarding an indi11 vidual, the employer shall terminate the 

12 employment, recruitment, or referral of the 

13 individual. Such employer shall provide to 

14 the Secretary any information relating to 

15 the individual that the Secretary deter16 mines would assist the Secretary in enforc17 ing or administering the immigration laws. 

18 If the employer continues to employ, re19 cruit, or refer the individual after receiving 

20 final nonconfirmation, a rebuttable pre21 sumption is created that the employer has 

22 violated subsections (a)(1)(A) and (a)(2). 

23 Such presumption may not apply to a 

24 prosecution under subsection (f)(1). 


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1 ‘‘(E) RESPONSIBILITIES OF THE SEC2 RETARY.— 

3 ‘‘(i) IN GENERAL.—The Secretary 

4 shall establish a reliable, secure method to 

5 provide through the System, within the 

6 time periods required by this subsection— 

7 ‘‘(I) a determination of whether 

8 the name and alien identification or 

9 authorization number provided in an 

10 inquiry by an employer is consistent 

11 with such information maintained by 

12 the Secretary in order to confirm the 

13 validity of the information provided; 

14 and 

15 ‘‘(II) a determination of whether 

16 the individual is authorized to be em17 ployed in the United States. 

18 ‘‘(ii) ANNUAL REPORT AND CERTIFI19 CATION.—Not later than the date that is 

20 24 months after the date that not less 

21 than $400,000,000 have been appropriated 

22 and made available to the Secretary to im23 plement this subsection, and annually 

24 thereafter, the Secretary shall submit to 

25 Congress a report that includes— 


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1 ‘‘(I) an assessment of whether 

2 the System is able to correctly issue, 

3 within the period described in sub4 paragraph (D)(v)(II), a final notice in 

5 at least 99 percent of the cases in 

6 which the final notice relates to an in7 dividual who is eligible for employ8 ment in the United States (excluding 

9 an individual who fails to contest a 

10 tentative nonconfirmation notice); and 

11 ‘‘(II) if the assessment under 

12 subclause (I) is that the System is 

13 able to correctly issue within the spec14 ified time period a final notice in at 

15 least 99 percent of the cases described 

16 in such subclause, a certification of 

17 such assessment. 

18 ‘‘(iii) CONTEST AND SELF19 VERIFICATION.—The Secretary in con20 sultation with the Commissioner of Social 

21 Security, shall establish procedures to per22 mit an individual who contests a tentative 

23 or final nonconfirmation notice, or seeks to 

24 verify the individual’s own employment eli25 gibility prior to obtaining or changing emVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 ployment, to contact the appropriate agen2 cy and, in a timely manner, correct or up3 date the information used by the System. 

4 ‘‘(iv) INFORMATION TO EMPLOYEE.— 

5 The Secretary shall develop a written form 

6 for employers to provide to individuals who 

7 receive a tentative or final nonconfirmation 

8 notice. Such form shall be made available 

9 in a language other than English, as nec10 essary and reasonable, and shall include— 

11 ‘‘(I) information about the reason 

12 for such notice; 

13 ‘‘(II) the right to contest such 

14 notice; 

15 ‘‘(III) contact information for the 

16 appropriate agency and instructions 

17 for initiating such contest; and 

18 ‘‘(IV) a 24-hour toll-free tele19 phone number to respond to inquiries 

20 related to such notice. 

21 ‘‘(v) TRAINING MATERIALS.—The Sec22 retary shall make available or provide to 

23 the employer, upon request, not later than 

24 60 days prior to such employer’s participa25 tion in the System, appropriate training 


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1 materials to facilitate compliance with this 

2 subsection, and sections 274B(a)(7) and 

3 274C(a). 

4 ‘‘(F) RESPONSIBILITIES OF THE COMMIS5 SIONER OF SOCIAL SECURITY.—The responsibil6 ities of the Commissioner of Social Security 

7 with respect to the System are set out in sec8 tion 205(c)(2) of the Social Security Act. 

9 ‘‘(9) PROTECTION FROM LIABILITY.—No em10 ployer that participates in the System shall be liable 

11 under any law for any employment-related action 

12 taken with respect to an individual in good faith reli13 ance on information provided by the System. 

14 ‘‘(10) ADMINISTRATIVE REVIEW.— 

15 ‘‘(A) IN GENERAL.—An individual who is 

16 terminated from employment as a result of a 

17 final nonconfirmation notice may, not later than 

18 60 days after the date of such termination, file 

19 an appeal of such notice. 

20 ‘‘(B) PROCEDURES.—The Secretary and 

21 Commissioner of Social Security shall develop 

22 procedures to review appeals filed under sub23 paragraph (A) and to make final determina24 tions on such appeals. 


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1 ‘‘(C) REVIEW FOR ERRORS.—If a final de2 termination on an appeal filed under subpara3 graph (A) results in a confirmation of an indi4 vidual’s eligibility to work in the United States, 

5 the administrative review process shall require 

6 the Secretary to determine if the final noncon7 firmation notice issued for the individual was 

8 the result of— 

9 ‘‘(i) an error or negligence on the part 

10 of an employee or official operating or re11 sponsible for the System; 

12 ‘‘(ii) the decision rules, processes, or 

13 procedures utilized by the System; or 

14 ‘‘(iii) erroneous system information 

15 that was not the result of acts or omissions 

16 of the individual. 

17 ‘‘(D) COMPENSATION FOR ERROR.— 

18 ‘‘(i) IN GENERAL.—If the Secretary 

19 makes a determination under subpara20 graph (C) that the final nonconfirmation 

21 notice issued for an individual was not 

22 caused by an act or omission of the indi23 vidual, the Secretary shall compensate the 

24 individual for lost wages. 


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1 ‘‘(ii) CALCULATION OF LOST

2 WAGES.—Lost wages shall be calculated 

3 based on the wage rate and work schedule 

4 that prevailed prior to termination. The in5 dividual shall be compensated for wages 

6 lost beginning on the first scheduled work 

7 day after employment was terminated and 

8 ending 180 days after completion of the 

9 administrative review process described in 

10 this paragraph or the day after the indi11 vidual is reinstated or obtains employment 

12 elsewhere, whichever occurs first. 

13 ‘‘(E) LIMITATION ON COMPENSATION.— 

14 For purposes of determining an individual’s 

15 compensation for the loss of employment, such 

16 compensation shall not include any period in 

17 which the individual was ineligible for employ18 ment in the United States. 

19 ‘‘(F) SOURCE OF FUNDS.—Compensation 

20 or reimbursement provided under this para21 graph shall not be provided from funds appro22 priated in annual appropriations Acts to the 

23 Secretary for the Department of Homeland Se24 curity. 

25 ‘‘(11) JUDICIAL REVIEW.— 


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1 ‘‘(A) IN GENERAL.—After the Secretary 

2 makes a final determination on an appeal filed 

3 by an individual under the administrative re4 view process described in paragraph (10), the 

5 individual may obtain judicial review of such 

6 determination by a civil action commenced not 

7 later than 60 days after the date of such deci8 sion, or such further time as the Secretary may 

9 allow. 

10 ‘‘(B) JURISDICTION.—A civil action for 

11 such judicial review shall be brought in the dis12 trict court of the United States for the judicial 

13 district in which the plaintiff resides, or has a 

14 principal place of business, or, if the plaintiff 

15 does not reside or have a principal place of 

16 business within any such judicial district, in the 

17 District Court of the United States for the Dis18 trict of Columbia. 

19 ‘‘(C) ANSWER.—As part of the Secretary’s 

20 answer to a complaint for such judicial review, 

21 the Secretary shall file a certified copy of the 

22 administrative record compiled during the ad23 ministrative review under paragraph (10), in24 cluding the evidence upon which the findings 

25 and decision complained of are based. The court 


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•S 1348 PCS

1 shall have power to enter, upon the pleadings 

2 and transcript of the record, a judgment affirm3 ing or reversing the result of that administra4 tive review, with or without remanding the 

5 cause for a rehearing. 

6 ‘‘(D) COMPENSATION FOR ERROR.— 

7 ‘‘(i) IN GENERAL.—In cases in which 

8 such judicial review reverses the final de9 termination of the Secretary made under 

10 paragraph (10), the court shall compensate 

11 the individual for lost wages. 

12 ‘‘(ii) CALCULATION OF LOST

13 WAGES.—Lost wages shall be calculated 

14 based on the wage rate and work scheduled 

15 that prevailed prior to termination. The in16 dividual shall be compensated for wages 

17 lost beginning on the first scheduled work 

18 day after employment was terminated and 

19 ending 180 days after completion of the ju20 dicial review described in this paragraph or 

21 the day after the individual is reinstated or 

22 obtains employment elsewhere, whichever 

23 occurs first. 

24 ‘‘(12) LIMITATION ON COLLECTION AND USE

25 OF DATA.— 


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1 ‘‘(A) LIMITATION ON COLLECTION OF

2 DATA.— 

3 ‘‘(i) IN GENERAL.—The System shall 

4 collect and maintain only the minimum 

5 data necessary to facilitate the successful 

6 operation of the System, and in no case 

7 shall the data be other than— 

8 ‘‘(I) information necessary to 

9 register employers under paragraph 

10 (5); 

11 ‘‘(II) information necessary to 

12 initiate and respond to inquiries or 

13 contests under paragraph (8); 

14 ‘‘(III) information necessary to 

15 establish and enforce compliance with 

16 paragraphs (5) and (8); 

17 ‘‘(IV) information necessary to 

18 detect and prevent employment re19 lated identity fraud; and 

20 ‘‘(V) such other information the 

21 Secretary determines is necessary, 

22 subject to a 180 day notice and com23 ment period in the Federal Register. 

24 ‘‘(ii) PENALTIES.—Any officer, em25 ployee, or contractor who willfully and 


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1 knowingly collects and maintains data in 

2 the System other than data described in 

3 clause (i) shall be guilty of a misdemeanor 

4 and fined not more than $1,000 for each 

5 violation. 

6 ‘‘(B) LIMITATION ON USE OF DATA.— 

7 Whoever willfully and knowingly accesses, dis8 closes, or uses any information obtained or 

9 maintained by the System— 

10 ‘‘(i) for the purpose of committing 

11 identity fraud, or assisting another person 

12 in committing identity fraud, as defined in 

13 section 1028 of title 18, United States 

14 Code; 

15 ‘‘(ii) for the purpose of unlawfully ob16 taining employment in the United States 

17 or unlawfully obtaining employment in the 

18 United States for any other person; or 

19 ‘‘(iii) for any purpose other than as 

20 provided for under any provision of law; 

21 shall be guilty of a felony and upon conviction 

22 shall be fined under title 18, United States 

23 Code, or imprisoned for not more than 5 years, 

24 or both. 


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1 ‘‘(C) EXCEPTIONS.—Nothing in subpara2 graph (A) or (B) may be construed to limit the 

3 collection, maintenance, or use of data by the 

4 Commissioner of Internal Revenue or the Com5 missioner of Social Security as provided by law. 

6 ‘‘(13) MODIFICATION AUTHORITY.—The Sec7 retary, after notice is submitted to Congress and 

8 provided to the public in the Federal Register, is au9 thorized to modify the requirements of this sub10 section with respect to completion of forms, method 

11 of storage, attestations, copying of documents, sig12 natures, methods of transmitting information, and 

13 other operational and technical aspects to improve 

14 the efficiency, accuracy, and security of the System. 

15 ‘‘(14) ANNUAL GAO STUDY AND REPORT.— 

16 ‘‘(A) REQUIREMENT.—The Comptroller 

17 General of the United States shall conduct an 

18 annual study of the System. 

19 ‘‘(B) PURPOSE.—The study shall evaluate 

20 the accuracy, efficiency, integrity, and impact of 

21 the System. 

22 ‘‘(C) REPORT.—Not later than the date 

23 that is 24 months after the date that not less 

24 than $400,000,000 have been appropriated and 

25 made available to the Secretary to implement 


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•S 1348 PCS

1 this subsection, and annually thereafter, the 

2 Comptroller General shall submit to Congress a 

3 report containing the findings of the study car4 ried out under this paragraph. Each such re5 port shall include, at a minimum, the following: 

6 ‘‘(i) An assessment of the annual re7 port and certification described in para8 graph (8)(E)(ii). 

9 ‘‘(ii) An assessment of System per10 formance with respect to the rate at which 

11 individuals who are eligible for employment 

12 in the United States are correctly approved 

13 within each of the periods specified in 

14 paragraph (8), including a separate assess15 ment of such rate for nationals and aliens. 

16 ‘‘(iii) An assessment of the privacy 

17 and security of the System and its effects 

18 on identity fraud or the misuse of personal 

19 data. 

20 ‘‘(iv) An assessment of the effects of 

21 the System on the employment of unau22 thorized aliens. 

23 ‘‘(v) An assessment of the effects of 

24 the System, including the effects of ten25 tative confirmations, on unfair immigraVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tion-related employment practices and em2 ployment discrimination based on national 

3 origin or citizenship status. 

4 ‘‘(vi) An assessment of whether the 

5 Secretary and the Commissioner of Social 

6 Security have adequate resources to carry 

7 out the duties and responsibilities of this 

8 section. 

9 ‘‘(e) COMPLIANCE.— 

10 ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 

11 Secretary shall establish procedures— 

12 ‘‘(A) for individuals and entities to file 

13 complaints regarding potential violations of sub14 section (a); 

15 ‘‘(B) for the investigation of such com16 plaints that the Secretary determines are ap17 propriate to investigate; and 

18 ‘‘(C) for the investigation of other viola19 tions of subsection (a) that the Secretary deter20 mines is appropriate. 

21 ‘‘(2) AUTHORITY IN INVESTIGATIONS.— 

22 ‘‘(A) IN GENERAL.—In conducting inves23 tigations and hearings under this subsection, of24 ficers and employees of the Department of 

25 Homeland Security— 


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•S 1348 PCS

1 ‘‘(i) shall have reasonable access to 

2 examine evidence regarding any employer 

3 being investigated; and 

4 ‘‘(ii) if designated by the Secretary, 

5 may compel by subpoena the attendance of 

6 witnesses and the production of evidence at 

7 any designated place in an investigation or 

8 case under this subsection. 

9 ‘‘(B) FAILURE TO COOPERATE.—In case of 

10 refusal to obey a subpoena lawfully issued 

11 under subparagraph (A)(ii), the Secretary may 

12 request that the Attorney General apply in an 

13 appropriate district court of the United States 

14 for an order requiring compliance with such 

15 subpoena, and any failure to obey such order 

16 may be punished by such court as contempt. 

17 ‘‘(C) DEPARTMENT OF LABOR.—The Sec18 retary of Labor shall have the investigative au19 thority provided under section 11(a) of the Fair 

20 Labor Standards Act of 1938 (29 U.S.C. 

21 211(a)) to ensure compliance with the provi22 sions of this section. 

23 ‘‘(3) COMPLIANCE PROCEDURES.— 

24 ‘‘(A) PREPENALTY NOTICE.—If the Sec25 retary has reasonable cause to believe that 


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•S 1348 PCS

1 there has been a violation of a requirement of 

2 this section and determines that further pro3 ceedings related to such violation are war4 ranted, the Secretary shall issue to the em5 ployer concerned a written notice of the Sec6 retary’s intention to issue a claim for a fine or 

7 other penalty. Such notice shall— 

8 ‘‘(i) describe the violation; 

9 ‘‘(ii) specify the laws and regulations 

10 allegedly violated; 

11 ‘‘(iii) specify the amount of fines or 

12 other penalties to be imposed; 

13 ‘‘(iv) disclose the material facts which 

14 establish the alleged violation; and 

15 ‘‘(v) inform such employer that the 

16 employer shall have a reasonable oppor17 tunity to make representations as to why a 

18 claim for a monetary or other penalty 

19 should not be imposed. 

20 ‘‘(B) REMISSION OR MITIGATION OF PEN21 ALTIES.— 

22 ‘‘(i) REVIEW BY SECRETARY.—If the 

23 Secretary determines that such fine or 

24 other penalty was incurred erroneously, or 

25 determines the existence of such mitigating 


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•S 1348 PCS

1 circumstances as to justify the remission 

2 or mitigation of such fine or penalty, the 

3 Secretary may remit or mitigate such fine 

4 or other penalty on the terms and condi5 tions as the Secretary determines are rea6 sonable and just, or order termination of 

7 any proceedings related to the notice. 

8 ‘‘(ii) APPLICABILITY.—This subpara9 graph may not apply to an employer that 

10 has or is engaged in a pattern or practice 

11 of violations of paragraph (1), (2), or (3) 

12 of subsection (a) or of any other require13 ments of this section. 

14 ‘‘(C) PENALTY CLAIM.—After considering 

15 evidence and representations offered by the em16 ployer, the Secretary shall determine whether 

17 there was a violation and promptly issue a writ18 ten final determination setting forth the find19 ings of fact and conclusions of law on which the 

20 determination is based and the appropriate pen21 alty. 

22 ‘‘(4) CIVIL PENALTIES.— 

23 ‘‘(A) HIRING OR CONTINUING TO EMPLOY

24 UNAUTHORIZED ALIENS.—Any employer that 

25 violates any provision of paragraph (1), (2), or 


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•S 1348 PCS

1 (3) of subsection (a) shall pay civil penalties as 

2 follows: 

3 ‘‘(i) Pay a civil penalty of not less 

4 than $500 and not more than $4,000 for 

5 each unauthorized alien with respect to 

6 each such violation. 

7 ‘‘(ii) If the employer has previously 

8 been fined 1 time during the 12-month pe9 riod preceding the violation under this sub10 paragraph, pay a civil penalty of not less 

11 than $4,000 and not more than $10,000 

12 for each unauthorized alien with respect to 

13 each such violation. 

14 ‘‘(iii) If the employer has previously 

15 been fined more than 1 time during the 

16 24-month period preceding the violation 

17 under this subparagraph or has failed to 

18 comply with a previously issued and final 

19 order related to any such provision, pay a 

20 civil penalty of not less than $6,000 and 

21 not more than $20,000 for each unauthor22 ized alien with respect to each such viola23 tion. 

24 ‘‘(B) RECORDKEEPING OR VERIFICATION

25 PRACTICES.—Any employer that violates or fails 


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•S 1348 PCS

1 to comply with the recordkeeping requirements 

2 of subsections (a), (c), and (d), shall pay a civil 

3 penalty as follows: 

4 ‘‘(i) Pay a civil penalty of not less 

5 than $200 and not more than $2,000 for 

6 each such violation. 

7 ‘‘(ii) If the employer has previously 

8 been fined 1 time during the 12-month pe9 riod preceding the violation under this sub10 paragraph, pay a civil penalty of not less 

11 than $400 and not more than $4,000 for 

12 each such violation. 

13 ‘‘(iii) If the employer has previously 

14 been fined more than 1 time during the 

15 24-month period preceding the violation 

16 under this subparagraph or has failed to 

17 comply with a previously issued and final 

18 order related to such requirements, pay a 

19 civil penalty of not less than $600 and not 

20 more than $6,000 for each such violation. 

21 ‘‘(C) OTHER PENALTIES.—Notwith22 standing subparagraphs (A) and (B), the Sec23 retary may impose additional penalties for vio24 lations, including violations of cease and desist 

25 orders, specially designed compliance plans to 


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1 prevent further violations, suspended fines to 

2 take effect in the event of a further violation, 

3 and in appropriate cases, the criminal penalty 

4 described in subsection (f). 

5 ‘‘(5) JUDICIAL REVIEW.—An employer ad6 versely affected by a final determination may, within 

7 45 days after the date the final determination is 

8 issued, file a petition in any appropriate district 

9 court of the United States. The filing of a petition 

10 as provided in this paragraph shall stay the Sec11 retary’s determination until entry of judgment by 

12 the court. The burden shall be on the employer to 

13 show that the final determination was not supported 

14 by substantial evidence. The Secretary is authorized 

15 to require that the petitioner provide, prior to filing 

16 for review, security for payment of fines and pen17 alties through bond or other guarantee of payment 

18 acceptable to the Secretary. 

19 ‘‘(6) ENFORCEMENT OF ORDERS.—If an em20 ployer fails to comply with a final determination 

21 issued against that employer under this subsection, 

22 and the final determination is not subject to review 

23 as provided in paragraph (5), the Attorney General 

24 may file suit to enforce compliance with the final de25 termination, not earlier than 46 days and not later 


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1 than 180 days after the date the final determination 

2 is issued, in any appropriate district court of the 

3 United States. In any such suit, the validity and ap4 propriateness of the final determination shall not be 

5 subject to review. 

6 ‘‘(7) RECOVERY OF COSTS AND ATTORNEY’S

7 FEES.—In any appeal brought under paragraph (5) 

8 or suit brought under paragraph (6) of this section 

9 the employer shall be entitled to recover from the 

10 Secretary reasonable costs and attorney’s fees if 

11 such employer substantially prevails on the merits of 

12 the case. Such an award of attorney’s fees may not 

13 exceed $25,000. Any such costs and attorney’s fees 

14 assessed against the Secretary shall be charged 

15 against the operating expenses of the Department 

16 for the fiscal year in which the assessment is made, 

17 and may not be reimbursed from any other source. 

18 ‘‘(f) CRIMINAL PENALTIES AND INJUNCTIONS FOR

19 PATTERN OR PRACTICE VIOLATIONS.— 

20 ‘‘(1) CRIMINAL PENALTY.—An employer that 

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 $20,000 for each unauthorized alien 

24 with respect to whom such a violation occurs, imVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 prisoned for not more than 3 years for the entire 

2 pattern or practice, or both. 

3 ‘‘(2) ENJOINING OF PATTERN OR PRACTICE

4 VIOLATIONS.—If the Secretary or the Attorney Gen5 eral has reasonable cause to believe that an employer 

6 is engaged in a pattern or practice of employment, 

7 recruitment, or referral in violation of paragraph 

8 (1)(A) or (2) of subsection (a), the Attorney General 

9 may bring a civil action in the appropriate district 

10 court of the United States requesting a permanent 

11 or temporary injunction, restraining order, or other 

12 order against the employer, as the Secretary deems 

13 necessary. 

14 ‘‘(g) ADJUSTMENT FOR INFLATION.—All penalties 

15 and limitations on the recovery of costs and attorney’s fees 

16 in this section shall be increased every 4 years beginning 

17 January 2010 to reflect the percentage increase in the 

18 consumer price index for all urban consumers (all items; 

19 U.S. city average) for the 48-month period ending with 

20 September of the year preceding the year such adjustment 

21 is made. Any adjustment under this subparagraph shall 

22 be rounded to the nearest dollar. 

23 ‘‘(h) PROHIBITION OF INDEMNITY BONDS.— 

24 ‘‘(1) PROHIBITION.—It is unlawful for an em25 ployer, in the hiring, recruiting, or referring for a 


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1 fee, of an individual, to require the individual to post 

2 a bond or security, to pay or agree to pay an 

3 amount, or otherwise to provide a financial guar4 antee or indemnity, against any potential liability 

5 arising under this section relating to such hiring, re6 cruiting, or referring of the individual. 

7 ‘‘(2) CIVIL PENALTY.—Any employer which is 

8 determined, after notice and opportunity for mitiga9 tion of the monetary penalty under subsection (e), to 

10 have violated paragraph (1) of this subsection shall 

11 be subject to a civil penalty of $10,000 for each vio12 lation and to an administrative order requiring the 

13 return of any amounts received in violation of such 

14 paragraph to the employee or, if the employee can15 not be located, to the Employer Compliance Fund 

16 established under section 286(w). 

17 ‘‘(i) PROHIBITION ON AWARD OF GOVERNMENT CON18 TRACTS, GRANTS, AND AGREEMENTS.— 

19 ‘‘(1) EMPLOYERS WITH NO CONTRACTS, 

20 GRANTS, OR AGREEMENTS.— 

21 ‘‘(A) IN GENERAL.—If an employer who 

22 does not hold a Federal contract, grant, or co23 operative agreement is determined by the Sec24 retary to be a repeat violator of this section or 

25 is convicted of a crime under this section, the 


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1 employer shall be debarred from the receipt of 

2 a Federal contract, grant, or cooperative agree3 ment for a period of 5 years. The Secretary or 

4 the Attorney General shall advise the Adminis5 trator of General Services of such a debarment, 

6 and the Administrator of General Services shall 

7 list the employer on the List of Parties Ex8 cluded from Federal Procurement and Non9 procurement Programs for a period of 5 years. 

10 ‘‘(B) WAIVER.—The Administrator of Gen11 eral Services, in consultation with the Secretary 

12 and the Attorney General, may waive operation 

13 of this subsection or may limit the duration or 

14 scope of the debarment. 

15 ‘‘(2) EMPLOYERS WITH CONTRACTS, GRANTS, 

16 OR AGREEMENTS.— 

17 ‘‘(A) IN GENERAL.—An employer who 

18 holds a Federal contract, grant, or cooperative 

19 agreement and is determined by the Secretary 

20 to be a repeat violator of this section or is con21 victed of a crime under this section, shall be 

22 debarred from the receipt of new Federal con23 tracts, grants, or cooperative agreements for a 

24 period of 5 years. 


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1 ‘‘(B) NOTICE TO AGENCIES.—Prior to de2 barring the employer under subparagraph (A), 

3 the Secretary, in cooperation with the Adminis4 trator of General Services, shall advise any 

5 agency or department holding a contract, grant, 

6 or cooperative agreement with the employer of 

7 the Government’s intention to debar the em8 ployer from the receipt of new Federal con9 tracts, grants, or cooperative agreements for a 

10 period of 5 years. 

11 ‘‘(C) WAIVER.—After consideration of the 

12 views of any agency or department that holds 

13 a contract, grant, or cooperative agreement 

14 with the employer, the Secretary may, in lieu of 

15 debarring the employer from the receipt of new 

16 Federal contracts, grants, or cooperative agree17 ments for a period of 5 years, waive operation 

18 of this subsection, limit the duration or scope of 

19 the debarment, or may refer to an appropriate 

20 lead agency the decision of whether to debar the 

21 employer, for what duration, and under what 

22 scope in accordance with the procedures and 

23 standards prescribed by the Federal Acquisition 

24 Regulation. However, any proposed debarment 

25 predicated on an administrative determination 


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1 of liability for civil penalty by the Secretary or 

2 the Attorney General shall not be reviewable in 

3 any debarment proceeding. The decision of 

4 whether to debar or take alternate action under 

5 this subparagraph shall not be judicially re6 viewed. 

7 ‘‘(3) SUSPENSION.—Indictments for violations 

8 of this section or adequate evidence of actions that 

9 could form the basis for debarment under this sub10 section shall be considered a cause for suspension 

11 under the procedures and standards for suspension 

12 prescribed by the Federal Acquisition Regulation. 

13 ‘‘(j) MISCELLANEOUS PROVISIONS.— 

14 ‘‘(1) DOCUMENTATION.—In providing docu15 mentation or endorsement of authorization of aliens 

16 eligible to be employed in the United States, the 

17 Secretary shall provide that any limitations with re18 spect to the period or type of employment or em19 ployer shall be conspicuously stated on the docu20 mentation or endorsement (other than aliens law21 fully admitted for permanent residence). 

22 ‘‘(2) PREEMPTION.—The provisions of this sec23 tion preempt any State or local law imposing civil or 

24 criminal sanctions (other than through licensing and 


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1 similar laws) upon those who employ, or recruit or 

2 refer for a fee for employment, unauthorized aliens. 

3 ‘‘(k) DEPOSIT OF AMOUNTS RECEIVED.—Except as 

4 otherwise specified, civil penalties collected under this sec5 tion shall be deposited by the Secretary into the Employer 

6 Compliance Fund established under section 286(w). 

7 ‘‘(l) DEFINITIONS.—In this section: 

8 ‘‘(1) EMPLOYER.—The term ‘employer’ means 

9 any person or entity, including any entity of the 

10 Government of the United States, hiring, recruiting, 

11 or referring an individual for employment in the 

12 United States. 

13 ‘‘(2) SECRETARY.—Except as otherwise pro14 vided, the term ‘Secretary’ means the Secretary of 

15 Homeland Security. 

16 ‘‘(3) UNAUTHORIZED ALIEN.—The term ‘unau17 thorized alien’ means, with respect to the employ18 ment of an alien at a particular time, that the alien 

19 is not at that time either— 

20 ‘‘(A) an alien lawfully admitted for perma21 nent residence; or 

22 ‘‘(B) authorized to be so employed by this 

23 Act or by the Secretary.’’. 

24 (b) CONFORMING AMENDMENTS.— 

25 (1) AMENDMENTS.— 


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1 (A) REPEAL OF BASIC PILOT.—Sections 

2 401, 402, 403, 404, and 405 of the Illegal Im3 migration Reform and Immigrant Responsibility 

4 Act of 1996 (division C of Public Law 104– 

5 208; 8 U.S.C. 1324a note) are repealed. 

6 (B) REPEAL OF REPORTING REQUIRE7 MENTS.— 

8 (i) REPORT ON EARNINGS OF ALIENS

9 NOT AUTHORIZED TO WORK.—Subsection 

10 (c) of section 290 (8 U.S.C. 1360) is re11 pealed. 

12 (ii) REPORT ON FRAUDULENT USE OF

13 SOCIAL SECURITY ACCOUNT NUMBERS.— 

14 Subsection (b) of section 414 of the Illegal 

15 Immigration Reform and Immigrant Re16 sponsibility Act of 1996 (division C of 

17 Public Law 104–208; 8 U.S.C. 1360 note) 

18 is repealed. 

19 (2) CONSTRUCTION.—Nothing in this sub20 section or in subsection (d) of section 274A, as 

21 amended by subsection (a), may be construed to 

22 limit the authority of the Secretary to allow or con23 tinue to allow the participation of employers who 

24 participated in the basic pilot program under sec25 tions 401, 402, 403, 404, and 405 of the Illegal ImVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 migration Reform and Immigrant Responsibility Act 

2 of 1996 (division C of Public Law 104–208; 8 

3 U.S.C. 1324a note) in the Electronic Employment 

4 Verification System established pursuant to such 

5 subsection (d). 

6 (c) TECHNICAL AMENDMENTS.— 

7 (1) DEFINITION OF UNAUTHORIZED ALIEN.— 

8 Sections 218(i)(1) (8 U.S.C. 1188(i)(1)), 245(c)(8) 

9 (8 U.S.C. 1255(c)(8)), 274(a)(3)(B)(i) (8 U.S.C. 

10 1324(a)(3)(B)(i)), and 274B(a)(1) (8 U.S.C. 

11 1324b(a)(1)) are amended by striking ‘‘274A(h)(3)’’ 

12 and inserting ‘‘274A’’. 

13 (2) DOCUMENT REQUIREMENTS.—Section 274B 

14 (8 U.S.C. 1324b) is amended— 

15 (A) in subsections (a)(6) and (g)(2)(B), by 

16 striking ‘‘274A(b)’’ and inserting ‘‘274A(c) and 

17 (d)’’; and 

18 (B) in subsection (g)(2)(B)(ii), by striking 

19 ‘‘274A(b)(5)’’ and inserting ‘‘274A(c)’’. 

20 (d) AMENDMENTS TO THE SOCIAL SECURITY ACT.— 

21 Section 205(c)(2) of the Social Security Act (42 U.S.C. 

22 405(c)(2)) is amended by adding at the end the following: 

23 ‘‘(I)(i) The Commissioner of Social Security shall, 

24 subject to the provisions of section 301(f)(2) of the Com25 prehensive Immigration Reform Act of 2007, establish a 


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1 reliable, secure method to provide through the Electronic 

2 Employment Verification System established pursuant to 

3 subsection (d) of section 274A of the Immigration and Na4 tionality Act (referred to in this subparagraph as the ‘Sys5 tem’), within the time periods required by paragraph (8) 

6 of such subsection— 

7 ‘‘(I) a determination of whether the name, date 

8 of birth, employer identification number, and social 

9 security account number of an individual provided in 

10 an inquiry made to the System by an employer is 

11 consistent with such information maintained by the 

12 Commissioner in order to confirm the validity of the 

13 information provided; 

14 ‘‘(II) a determination of the citizenship status 

15 associated with such name and social security ac16 count number, according to the records maintained 

17 by the Commissioner; 

18 ‘‘(III) a determination of whether the name and 

19 number belongs to an individual who is deceased, ac20 cording to the records maintained by the Commis21 sioner; 

22 ‘‘(IV) a determination of whether the name and 

23 number is blocked in accordance with clause (ii); and 

24 ‘‘(V) a confirmation notice or a nonconfirma25 tion notice described in such paragraph (8), in a 


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1 manner that ensures that other information main2 tained by the Commissioner is not disclosed or re3 leased to employers through the System. 

4 ‘‘(ii) The Commissioner of Social Security shall pre5 vent the fraudulent or other misuse of a social security 

6 account number by establishing procedures under which 

7 an individual who has been assigned a social security ac8 count number may block the use of such number under 

9 the System and remove such block. 

10 ‘‘(J) In assigning social security account numbers to 

11 aliens who are authorized to work in the United States 

12 under section 218A of the Immigration and Nationality 

13 Act, the Commissioner of Social Security shall, to the 

14 maximum extent practicable, assign such numbers by em15 ploying the enumeration procedure administered jointly by 

16 the Commissioner, the Secretary of State, and the Sec17 retary.’’. 

18 (e) DISCLOSURE OF CERTAIN TAXPAYER IDENTITY

19 INFORMATION.— 

20 (1) IN GENERAL.—Section 6103(l) of the Inter21 nal Revenue Code of 1986 is amended by adding at 

22 the end the following new paragraph: 

23 ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER

24 IDENTITY INFORMATION BY SOCIAL SECURITY ADVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 MINISTRATION TO DEPARTMENT OF HOMELAND SE2 CURITY.— 

3 ‘‘(A) IN GENERAL.—From taxpayer iden4 tity information which has been disclosed to the 

5 Social Security Administration and upon writ6 ten request by the Secretary of Homeland Secu7 rity, the Commissioner of Social Security shall 

8 disclose directly to officers, employees, and con9 tractors of the Department of Homeland Secu10 rity the following information: 

11 ‘‘(i) DISCLOSURE OF EMPLOYER NO12 MATCH NOTICES.—Taxpayer identity infor13 mation of each person who has filed an in14 formation return required by reason of sec15 tion 6051 during calendar year 2006, 

16 2007, or 2008 which contains— 

17 ‘‘(I) more than 100 names and 

18 taxpayer identifying numbers of em19 ployees (within the meaning of such 

20 section) that did not match the 

21 records maintained by the Commis22 sioner of Social Security, or 

23 ‘‘(II) more than 10 names of em24 ployees (within the meaning of such 


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1 section) with the same taxpayer iden2 tifying number. 

3 ‘‘(ii) DISCLOSURE OF INFORMATION

4 REGARDING USE OF DUPLICATE EMPLOYEE

5 TAXPAYER IDENTIFYING INFORMATION.— 

6 Taxpayer identity information of each per7 son who has filed an information return re8 quired by reason of section 6051 which the 

9 Commissioner of Social Security has rea10 son to believe, based on a comparison with 

11 information submitted by the Secretary of 

12 Homeland Security, contains evidence of 

13 identity fraud due to the multiple use of 

14 the same taxpayer identifying number (as15 signed under section 6109) of an employee 

16 (within the meaning of section 6051). 

17 ‘‘(iii) DISCLOSURE OF INFORMATION

18 REGARDING NONPARTICIPATING EMPLOY19 ERS.—Taxpayer identity information of 

20 each person who has filed an information 

21 return required by reason of section 6051 

22 which the Commissioner of Social Security 

23 has reason to believe, based on a compari24 son with information submitted by the Sec25 retary of Homeland Security, contains eviVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 dence of such person’s failure to register 

2 and participate in the Electronic Employ3 ment Verification System authorized under 

4 section 274A(d) of the Immigration and 

5 Nationality Act (hereafter in this para6 graph referred to as the ‘System’). 

7 ‘‘(iv) DISCLOSURE OF INFORMATION

8 REGARDING NEW EMPLOYEES OF NON9 PARTICIPATING EMPLOYERS.—Taxpayer 

10 identity information of all employees (with11 in the meaning of section 6051) hired after 

12 the date a person identified in clause (iii) 

13 is required to participate in the System 

14 under section 274A(d)(2) or section 

15 274A(d)(3)(B) of the Immigration and Na16 tionality Act. 

17 ‘‘(v) DISCLOSURE OF INFORMATION

18 REGARDING EMPLOYEES OF CERTAIN DES19 IGNATED EMPLOYERS.—Taxpayer identity 

20 information of all employees (within the 

21 meaning of section 6051) of each person 

22 who is required to participate in the Sys23 tem under section 274A(d)(3)(B) of the 

24 Immigration and Nationality Act. 


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1 ‘‘(vi) DISCLOSURE OF NEW HIRE TAX2 PAYER IDENTITY INFORMATION.—Tax3 payer identity information of each person 

4 participating in the System and taxpayer 

5 identity information of all employees (with6 in the meaning of section 6051) of such 

7 person hired during the period beginning 

8 with the later of— 

9 ‘‘(I) the date such person begins 

10 to participate in the System, or 

11 ‘‘(II) the date of the request im12 mediately preceding the most recent 

13 request under this clause, 

14 ending with the date of the most recent re15 quest under this clause. 

16 ‘‘(B) RESTRICTION ON DISCLOSURE.—The 

17 Commissioner of Social Security shall disclose 

18 taxpayer identity information under subpara19 graph (A) only for purposes of, and to the ex20 tent necessary in— 

21 ‘‘(i) establishing and enforcing em22 ployer participation in the System, 

23 ‘‘(ii) carrying out, including through 

24 civil administrative and civil judicial pro25 ceedings, of sections 212, 217, 235, 237, 


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1 238, 274A, 274B, and 274C of the Immi2 gration and Nationality Act, and 

3 ‘‘(iii) the civil operation of the Alien 

4 Terrorist Removal Court. 

5 ‘‘(C) REIMBURSEMENT.—The Commis6 sioner of Social Security shall prescribe a rea7 sonable fee schedule for furnishing taxpayer 

8 identity information under this paragraph and 

9 collect such fees in advance from the Secretary 

10 of Homeland Security. 

11 ‘‘(D) TERMINATION.—This paragraph 

12 shall not apply to any request made after the 

13 date which is 3 years after the date of the en14 actment of this paragraph.’’. 

15 (2) COMPLIANCE BY DHS CONTRACTORS WITH

16 CONFIDENTIALITY SAFEGUARDS.— 

17 (A) IN GENERAL.—Section 6103(p) of 

18 such Code is amended by adding at the end the 

19 following new paragraph: 

20 ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— 

21 Notwithstanding any other provision of this section, 

22 no return or return information shall be disclosed to 

23 any contractor of the Department of Homeland Se24 curity unless such Department, to the satisfaction of 

25 the Secretary— 


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1 ‘‘(A) has requirements in effect which re2 quire each such contractor which would have 

3 access to returns or return information to pro4 vide safeguards (within the meaning of para5 graph (4)) to protect the confidentiality of such 

6 returns or return information, 

7 ‘‘(B) agrees to conduct an on-site review 

8 every 3 years (mid-point review in the case of 

9 contracts or agreements of less than 1 year in 

10 duration) of each contractor to determine com11 pliance with such requirements, 

12 ‘‘(C) submits the findings of the most re13 cent review conducted under subparagraph (B) 

14 to the Secretary as part of the report required 

15 by paragraph (4)(E), and 

16 ‘‘(D) certifies to the Secretary for the most 

17 recent annual period that such contractor is in 

18 compliance with all such requirements. 

19 ‘‘The certification required by subparagraph 

20 (D) shall include the name and address of each con21 tractor, a description of the contract or agreement 

22 with such contractor, and the duration of such con23 tract or agreement.’’. 

24 (3) CONFORMING AMENDMENTS.— 


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1 (A) Section 6103(a)(3) of such Code is 

2 amended by striking ‘‘or (20)’’ and inserting 

3 ‘‘(20), or (21)’’. 

4 (B) Section 6103(p)(3)(A) of such Code is 

5 amended by adding at the end the following 

6 new sentence: ‘‘The Commissioner of Social Se7 curity shall provide to the Secretary such infor8 mation as the Secretary may require in carrying 

9 out this paragraph with respect to return infor10 mation inspected or disclosed under the author11 ity of subsection (l)(21).’’. 

12 (C) Section 6103(p)(4) of such Code is 

13 amended— 

14 (i) by striking ‘‘or (17)’’ both places it 

15 appears and inserting ‘‘(17), or (21)’’, and 

16 (ii) by striking ‘‘or (20)’’ each place it 

17 appears and inserting ‘‘(20), or (21)’’. 

18 (D) Section 6103(p)(8)(B) of such Code is 

19 amended by inserting ‘‘or paragraph (9)’’ after 

20 ‘‘subparagraph (A)’’. 

21 (E) Section 7213(a)(2) of such Code is 

22 amended by striking ‘‘or (20)’’ and inserting 

23 ‘‘(20), or (21)’’. 

24 (f) AUTHORIZATION OF APPROPRIATIONS.— 


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

2 appropriated to the Secretary such sums as are nec3 essary to carry out the amendments made by this 

4 section. 

5 (2) LIMITATION ON VERIFICATION RESPON6 SIBILITIES OF COMMISSIONER OF SOCIAL SECU7 RITY.—The Commissioner of Social Security is au8 thorized to perform activities with respect to car9 rying out the Commissioner’s responsibilities in this 

10 title or the amendments made by this title, but only 

11 to the extent the Secretary has provided, in advance, 

12 funds to cover the Commissioner’s full costs in car13 rying out such responsibilities. In no case shall 

14 funds from the Federal Old-Age and Survivors In15 surance Trust Fund or the Federal Disability Insur16 ance Trust Fund be used to carry out such respon17 sibilities. 

18 (g) EFFECTIVE DATES.— 

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

20 subsections (a), (b), (c), and (d) shall take effect on 

21 the date that is 180 days after the date of the enact22 ment of this Act. 

23 (2) SUBSECTION (e).— 

24 (A) IN GENERAL.—The amendments made 

25 by subsection (e) shall apply to disclosures 


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1 made after the date of the enactment of this 

2 Act. 

3 (B) CERTIFICATIONS.—The first certifi4 cation under section 6103(p)(9)(D) of the In5 ternal Revenue Code of 1986, as added by sub6 section (e)(2), shall be made with respect to cal7 endar year 2007. 

8 SEC. 302. EMPLOYER COMPLIANCE FUND. 

9 Section 286 (8 U.S.C. 1356) is amended by adding 

10 at the end the following new subsection: 

11 ‘‘(w) EMPLOYER COMPLIANCE FUND.— 

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

13 general fund of the Treasury, a separate account, 

14 which shall be known as the ‘Employer Compliance 

15 Fund’ (referred to in this subsection as the ‘Fund’). 

16 ‘‘(2) DEPOSITS.—There shall be deposited as 

17 offsetting receipts into the Fund all civil monetary 

18 penalties collected by the Secretary of Homeland Se19 curity under section 274A. 

20 ‘‘(3) PURPOSE.—Amounts refunded to the Sec21 retary from the Fund shall be used for the purposes 

22 of enhancing and enforcing employer compliance 

23 with section 274A. 

24 ‘‘(4) AVAILABILITY OF FUNDS.—Amounts de25 posited into the Fund shall remain available until 


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1 expended and shall be refunded out of the Fund by 

2 the Secretary of the Treasury, at least on a quar3 terly basis, to the Secretary of Homeland Security.’’. 

4 SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND 

5 FRAUD DETECTION AGENTS. 

6 (a) INCREASE IN NUMBER OF PERSONNEL.—The 

7 Secretary shall, subject to the availability of appropria8 tions for such purpose, annually increase, by not less than 

9 2,200, the number of personnel of the Bureau of Immigra10 tion and Customs Enforcement during the 5-year period 

11 beginning on the date of the enactment of this Act. 

12 (b) USE OF PERSONNEL.—The Secretary shall en13 sure that not less than 25 percent of all the hours ex14 pended by personnel of the Bureau of Immigration and 

15 Customs Enforcement shall be used to enforce compliance 

16 with sections 274A and 274C of the Immigration and Na17 tionality Act (8 U.S.C. 1324a and 1324c). 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary for 

20 each of the fiscal years 2008 through 2012 such sums as 

21 may be necessary to carry out this section. 


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1 SEC. 304. CLARIFICATION OF INELIGIBILITY FOR MIS2 REPRESENTATION. 

3 Section 212(a)(6)(C)(ii)(I) (8 U.S.C. 

4 1182(a)(6)(C)(ii)(I)), is amended by striking ‘‘citizen’’ 

5 and inserting ‘‘national’’. 

6 SEC. 305. ANTIDISCRIMINATION PROTECTIONS. 

7 (a) APPLICATION OF PROHIBITION OF DISCRIMINA8 TION TO VERIFICATION SYSTEM.—Section 274B(a)(1) (8 

9 U.S.C. 1324b(a)(1)) is amended by inserting ‘‘, the 

10 verification of the individual’s work authorization through 

11 the Electronic Employment Verification System described 

12 in section 274A(d),’’ after ‘‘the individual for employ13 ment’’. 

14 (b) CLASSES OF ALIENS AS PROTECTED INDIVID15 UALS.—Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) 

16 is amended to read as follows: 

17 ‘‘(B) is an alien who is— 

18 ‘‘(i) lawfully admitted for permanent 

19 residence; 

20 ‘‘(ii) granted the status of an alien 

21 lawfully admitted for temporary residence 

22 under section 210(a) or 245(a)(1); 

23 ‘‘(iii) admitted as a refugee under sec24 tion 207; 

25 ‘‘(iv) granted asylum under section 

26 208; 


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1 ‘‘(v) granted the status of a non2 immigrant under section 

3 101(a)(15)(H)(ii)(c); 

4 ‘‘(vi) granted temporary protected sta5 tus under section 244; or 

6 ‘‘(vii) granted parole under section 

7 212(d)(5).’’. 

8 (c) REQUIREMENTS FOR ELECTRONIC EMPLOYMENT

9 VERIFICATION.—Section 274B(a) (8 U.S.C. 1324b(a)) is 

10 amended by adding at the end the following: 

11 ‘‘(7) ANTIDISCRIMINATION REQUIREMENTS OF

12 THE ELECTRONIC EMPLOYMENT VERIFICATION SYS13 TEM.—It is an unfair immigration-related employ14 ment practice for a person or other entity, in the 

15 course of the electronic verification process described 

16 in section 274A(d)— 

17 ‘‘(A) to terminate or undertake any ad18 verse employment action due to a tentative non19 confirmation; 

20 ‘‘(B) to use the verification system for 

21 screening of an applicant prior to an offer of 

22 employment; 

23 ‘‘(C) except as described in section 

24 274A(d)(3)(B), to use the verification system 

25 for a current employee after the first 3 days of 


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1 employment, or for the reverification of an em2 ployee after the employee has satisfied the proc3 ess described in section 274A(d); or 

4 ‘‘(D) to require an individual to make an 

5 inquiry under the self-verification procedures 

6 established in section 274A(d)(8)(E)(iii).’’. 

7 (d) INCREASE IN CIVIL MONEY PENALTIES.—Section 

8 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended— 

9 (1) in subparagraph (B)(iv)— 

10 (A) in subclause (I), by striking ‘‘$250 and 

11 not more than $2,000’’ and inserting ‘‘$1,000 

12 and not more than $4,000’’; 

13 (B) in subclause (II), by striking ‘‘$2,000 

14 and not more than $5,000’’ and inserting 

15 ‘‘$4,000 and not more than $10,000’’; 

16 (C) in subclause (III), by striking ‘‘$3,000 

17 and not more than $10,000’’ and inserting 

18 ‘‘$6,000 and not more than $20,000’’; and 

19 (D) in subclause (IV), by striking ‘‘$100 

20 and not more than $1,000’’ and inserting 

21 ‘‘$500 and not more than $5,000’’. 

22 (e) INCREASED FUNDING OF INFORMATION CAM23 PAIGN.—Section 274B(l)(3) (8 U.S.C. 1324b(l)(3)) is 

24 amended by inserting ‘‘and an additional $40,000,000 for 


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1 each of the fiscal years 2008 through 2010’’ before the 

2 period at the end. 

3 (f) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the date that is 180 days 

5 after the date of the enactment of this Act and shall apply 

6 to violations occurring on or after such date. 

7 TITLE IV—NONIMMIGRANT AND 

8 IMMIGRANT VISA REFORM 

9 Subtitle A—Temporary Guest 

10 Workers 

11 SEC. 401. IMMIGRATION IMPACT STUDY. 

12 (a) EFFECTIVE DATE.—Any regulation that would 

13 increase the number of aliens who are eligible for legal 

14 status may not take effect before 90 days after the date 

15 on which the Director of the Bureau of the Census sub16 mits a report to Congress under subsection (c). 

17 (b) STUDY.—The Director of the Bureau of the Cen18 sus, jointly with the Secretary, the Secretary of Agri19 culture, the Secretary of Education, the Secretary of En20 ergy, the Secretary of Health and Human Services, the 

21 Secretary of Housing and Urban Development, the Sec22 retary of the Interior, the Secretary of Labor, the Sec23 retary of Transportation, the Secretary of the Treasury, 

24 the Attorney General, and the Administrator of the Envi25 ronmental Protection Agency, shall undertake a study exVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 amining the impacts of the current and proposed annual 

2 grants of legal status, including immigrant and non3 immigrant status, along with the current level of illegal 

4 immigration, on the infrastructure of and quality of life 

5 in the United States. 

6 (c) REPORT.—Not later than 90 days after the date 

7 of the enactment of this Act, the Director of the Bureau 

8 of the Census shall submit to Congress a report on the 

9 findings of the study required by subsection (b), including 

10 the following information: 

11 (1) An estimate of the total legal and illegal im12 migrant populations of the United States, as they 

13 relate to the total population. 

14 (2) The projected impact of legal and illegal im15 migration on the size of the population of the United 

16 States over the next 50 years, which regions of the 

17 country are likely to experience the largest increases, 

18 which small towns and rural counties are likely to 

19 lose their character as a result of such growth, and 

20 how the proposed regulations would affect these pro21 jections. 

22 (3) The impact of the current and projected 

23 foreign-born populations on the natural environment, 

24 including the consumption of nonrenewable re25 sources, waste production and disposal, the emission 


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1 of pollutants, and the loss of habitat and productive 

2 farmland, an estimate of the public expenditures re3 quired to maintain current standards in each of 

4 these areas, the degree to which current standards 

5 will deteriorate if such expenditures are not forth6 coming, and the additional effects the proposed reg7 ulations would have. 

8 (4) The impact of the current and projected 

9 foreign-born populations on employment and wage 

10 rates, particularly in industries such as agriculture 

11 and services in which the foreign born are con12 centrated, an estimate of the associated public costs, 

13 and the additional effects the proposed regulations 

14 would have. 

15 (5) The impact of the current and projected 

16 foreign-born populations on the need for additions 

17 and improvements to the transportation infrastruc18 ture of the United States, an estimate of the public 

19 expenditures required to meet this need, the impact 

20 on Americans’ mobility if such expenditures are not 

21 forthcoming, and the additional effect the proposed 

22 regulations would have. 

23 (6) The impact of the current and projected 

24 foreign-born populations on enrollment, class size, 

25 teacher-student ratios, and the quality of education 


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1 in public schools, an estimate of the public expendi2 tures required to maintain current median stand3 ards, the degree to those standards will deteriorate 

4 if such expenditures are not forthcoming, and the 

5 additional effect the proposed regulations would 

6 have. 

7 (7) The impact of the current and projected 

8 foreign-born populations on home ownership rates, 

9 housing prices, and the demand for low-income and 

10 subsidized housing, the public expenditures required 

11 to maintain current median standards in these 

12 areas, the degree to which those standards will dete13 riorate if such expenditures are not forthcoming, and 

14 the additional effect the proposed regulations would 

15 have. 

16 (8) The impact of the current and projected 

17 foreign-born populations on access to quality health 

18 care and on the cost of health care and health insur19 ance, an estimate of the public expenditures required 

20 to maintain current median standards, the degree to 

21 which those standards will deteriorate if such ex22 penditures are not forthcoming, and the additional 

23 effect the proposed regulations would have. 

24 (9) The impact of the current and projected 

25 foreign-born populations on the criminal justice sysVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tem in the United States, an estimate of the associ2 ated public costs, and the additional effect the pro3 posed regulations would have. 

4 SEC. 402. NONIMMIGRANT TEMPORARY WORKER. 

5 (a) TEMPORARY WORKER CATEGORY.—Section 

6 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is amended to 

7 read as follows: 

8 ‘‘(H) an alien— 

9 ‘‘(i)(b) subject to section 212(j)(2)— 

10 ‘‘(aa) who is coming temporarily 

11 to the United States to perform serv12 ices (other than services described in 

13 clause (ii)(a) or subparagraph (O) or 

14 (P)) in a specialty occupation de15 scribed in section 214(i)(1) or as a 

16 fashion model; 

17 ‘‘(bb) who meets the require18 ments for the occupation specified in 

19 section 214(i)(2) or, in the case of a 

20 fashion model, is of distinguished 

21 merit and ability; and 

22 ‘‘(cc) with respect to whom the 

23 Secretary of Labor determines and 

24 certifies to the Secretary of Homeland 

25 Security that the intending employer 


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1 has filed an application with the Sec2 retary in accordance with section 

3 212(n)(1); 

4 ‘‘(b1)(aa) who is entitled to enter the 

5 United States under the provisions of an 

6 agreement listed in section 214(g)(8)(A); 

7 ‘‘(bb) who is engaged in a specialty 

8 occupation described in section 214(i)(3); 

9 and 

10 ‘‘(cc) with respect to whom the Sec11 retary of Labor determines and certifies to 

12 the Secretary of Homeland Security and 

13 the Secretary of State that the intending 

14 employer has filed an attestation with the 

15 Secretary of Labor in accordance with sec16 tion 212(t)(1); or 

17 ‘‘(c)(aa) who is coming temporarily to 

18 the United States to perform services as a 

19 registered nurse; 

20 ‘‘(bb) who meets the qualifications de21 scribed in section 212(m)(1); and 

22 ‘‘(cc) with respect to whom the Sec23 retary of Labor determines and certifies to 

24 the Secretary of Homeland Security that 

25 an unexpired attestation is on file and in 


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1 effect under section 212(m)(2) for the fa2 cility (as defined in section 212(m)(6)) for 

3 which the alien will perform the services; 

4 or 

5 ‘‘(ii)(a) who— 

6 ‘‘(aa) has a residence in a foreign 

7 country which the alien has no inten8 tion of abandoning; and 

9 ‘‘(bb) is coming temporarily to 

10 the United States to perform agricul11 tural labor or services (as defined by 

12 the Secretary of Labor), including ag13 ricultural labor (as defined in section 

14 3121(g) of the Internal Revenue Code 

15 of 1986), agriculture (as defined in 

16 section 3(f) of the Fair Labor Stand17 ards Act of 1938 (29 U.S.C. 203(f))), 

18 and the pressing of apples for cider on 

19 a farm, of a temporary or seasonal 

20 nature; 

21 ‘‘(b) who— 

22 ‘‘(aa) has a residence in a foreign 

23 country which the alien has no inten24 tion of abandoning; 


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1 ‘‘(bb) is coming temporarily to 

2 the United States to perform non3 agricultural work or services of a tem4 porary or seasonal nature (if unem5 ployed persons capable of performing 

6 such work or services cannot be found 

7 in the United States), excluding med8 ical school graduates coming to the 

9 United States to perform services as 

10 members of the medical profession; or 

11 ‘‘(c) who— 

12 ‘‘(aa) has a residence in a foreign 

13 country which the alien has no inten14 tion of abandoning; 

15 ‘‘(bb) is coming temporarily to 

16 the United States to perform tem17 porary labor or services other than the 

18 labor or services described in clause 

19 (i)(b), (i)(c), (ii)(a), or (iii), or sub20 paragraph (L), (O), (P), or (R) (if 

21 unemployed persons capable of per22 forming such labor or services cannot 

23 be found in the United States); and 

24 ‘‘(cc) meets the requirements 

25 under section 218A, including the filVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 ing of a petition under such section on 

2 behalf of the alien; 

3 ‘‘(iii) who— 

4 ‘‘(a) has a residence in a foreign 

5 country which the alien has no inten6 tion of abandoning; and 

7 ‘‘(b) is coming temporarily to the 

8 United States as a trainee (other than 

9 to receive graduate medical education 

10 or training) in a training program 

11 that is not designed primarily to pro12 vide productive employment; or 

13 ‘‘(iv) who— 

14 ‘‘(a) is the spouse or a minor 

15 child of an alien described in this sub16 paragraph; and 

17 ‘‘(b) is accompanying or following 

18 to join such alien.’’. 

19 (b) EFFECTIVE DATE AND APPLICATION.—The 

20 amendment made by subsection (a) shall take effect on 

21 the date that is 18 months after the date that not less 

22 than $400,000,000 have been appropriated and made 

23 available to the Secretary to implement the Electronic 

24 Employment Verification System established under 

25 274A(d) of the Immigration and Nationality Act, as 


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1 amended by section 301(a), with respect to aliens, who, 

2 on such effective date, are outside of the United States. 

3 SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY 

4 GUEST WORKERS. 

5 (a) TEMPORARY GUEST WORKERS.— 

6 (1) IN GENERAL.—Chapter 2 of title II (8 

7 U.S.C. 1181 et seq.) is amended by inserting after 

8 section 218 the following: 

9 ‘‘SEC. 218A. ADMISSION OF H–2C NONIMMIGRANTS. 

10 ‘‘(a) AUTHORIZATION.—The Secretary of State may 

11 grant a temporary visa to an H–2C nonimmigrant who 

12 demonstrates an intent to perform labor or services in the 

13 United States (other than the labor or services described 

14 in clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or sub15 paragraph (L), (O), (P), or (R)) of section 101(a)(15). 

16 ‘‘(b) REQUIREMENTS FOR ADMISSION.—An alien 

17 shall be eligible for H–2C nonimmigrant status if the alien 

18 meets the following requirements: 

19 ‘‘(1) ELIGIBILITY TO WORK.—The alien shall 

20 establish that the alien is capable of performing the 

21 labor or services required for an occupation under 

22 section 101(a)(15)(H)(ii)(c). 

23 ‘‘(2) EVIDENCE OF EMPLOYMENT.—The alien 

24 shall establish that the alien has received a job offer 


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1 from an employer who has complied with the re2 quirements of 218B. 

3 ‘‘(3) FEE.—The alien shall pay a $500 visa 

4 issuance fee in addition to the cost of processing and 

5 adjudicating such application. Nothing in this para6 graph shall be construed to affect consular proce7 dures for charging reciprocal fees. 

8 ‘‘(4) MEDICAL EXAMINATION.—The alien shall 

9 undergo a medical examination (including a deter10 mination of immunization status), at the alien’s ex11 pense, that conforms to generally accepted standards 

12 of medical practice. 

13 ‘‘(5) APPLICATION CONTENT AND WAIVER.— 

14 ‘‘(A) APPLICATION FORM.—The alien shall 

15 submit to the Secretary a completed applica16 tion, on a form designed by the Secretary of 

17 Homeland Security, including proof of evidence 

18 of the requirements under paragraphs (1) and 

19 (2). 

20 ‘‘(B) CONTENT.—In addition to any other 

21 information that the Secretary requires to de22 termine an alien’s eligibility for H–2C non23 immigrant status, the Secretary shall require an 

24 alien to provide information concerning the 

25 alien’s— 


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1 ‘‘(i) physical and mental health; 

2 ‘‘(ii) criminal history and gang mem3 bership; 

4 ‘‘(iii) immigration history; and 

5 ‘‘(iv) involvement with groups or indi6 viduals that have engaged in terrorism, 

7 genocide, persecution, or who seek the 

8 overthrow of the United States Govern9 ment. 

10 ‘‘(C) KNOWLEDGE.—The alien shall in11 clude with the application submitted under this 

12 paragraph a signed certification in which the 

13 alien certifies that— 

14 ‘‘(i) the alien has read and under15 stands all of the questions and statements 

16 on the application form; 

17 ‘‘(ii) the alien certifies under penalty 

18 of perjury under the laws of the United 

19 States that the application, and any evi20 dence submitted with it, are all true and 

21 correct; and 

22 ‘‘(iii) the applicant authorizes the re23 lease of any information contained in the 

24 application and any attached evidence for 

25 law enforcement purposes. 


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1 ‘‘(c) GROUNDS OF INADMISSIBILITY.— 

2 ‘‘(1) IN GENERAL.—In determining an alien’s 

3 admissibility as an H–2C nonimmigrant— 

4 ‘‘(A) paragraphs (5), (6)(A), (7), (9)(B), 

5 and (9)(C) of section 212(a) may be waived for 

6 conduct that occurred before the effective date 

7 of the Comprehensive Immigration Reform Act 

8 of 2007; 

9 ‘‘(B) the Secretary of Homeland Security 

10 may not waive the application of— 

11 ‘‘(i) subparagraph (A), (B), (C), (E), 

12 (G), (H), or (I) of section 212(a)(2) (relat13 ing to criminals); 

14 ‘‘(ii) section 212(a)(3) (relating to se15 curity and related grounds); or 

16 ‘‘(iii) subparagraph (A), (C) or (D) of 

17 section 212(a)(10) (relating to polygamists 

18 and child abductors); and 

19 ‘‘(C) for conduct that occurred before the 

20 date of the enactment of the Comprehensive 

21 Immigration Reform Act of 2007, the Secretary 

22 of Homeland Security may waive the applica23 tion of any provision of section 212(a) not list24 ed in subparagraph (B) on behalf of an indi25 vidual alien— 


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1 ‘‘(i) for humanitarian purposes; 

2 ‘‘(ii) to ensure family unity; or 

3 ‘‘(iii) if such a waiver is otherwise in 

4 the public interest. 

5 ‘‘(2) RENEWAL OF AUTHORIZED ADMISSION

6 AND SUBSEQUENT ADMISSIONS.—An alien seeking 

7 renewal of authorized admission or subsequent ad8 mission as an H–2C nonimmigrant shall establish 

9 that the alien is not inadmissible under section 

10 212(a). 

11 ‘‘(d) BACKGROUND CHECKS.—The Secretary of 

12 Homeland Security shall not admit, and the Secretary of 

13 State shall not issue a visa to, an alien seeking H–2C non14 immigrant status unless all appropriate background 

15 checks have been completed. 

16 ‘‘(e) INELIGIBLE TO CHANGE NONIMMIGRANT CLAS17 SIFICATION.—An H–2C nonimmigrant may not change 

18 nonimmigrant classification under section 248. 

19 ‘‘(f) PERIOD OF AUTHORIZED ADMISSION.— 

20 ‘‘(1) AUTHORIZED PERIOD AND RENEWAL.— 

21 The initial period of authorized admission as an H– 

22 2C nonimmigrant shall be 3 years, and the alien 

23 may seek 1 extension for an additional 3-year pe24 riod. 


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1 ‘‘(2) INTERNATIONAL COMMUTERS.—An alien 

2 who resides outside the United States and commutes 

3 into the United States to work as an H–2C non4 immigrant, is not subject to the time limitations 

5 under paragraph (1). 

6 ‘‘(3) LOSS OF EMPLOYMENT.— 

7 ‘‘(A) IN GENERAL.— 

8 ‘‘(i) PERIOD OF UNEMPLOYMENT.— 

9 Subject to clause (ii) and subsection (c), 

10 the period of authorized admission of an 

11 H–2C nonimmigrant shall terminate if the 

12 alien is unemployed for 60 or more con13 secutive days. 

14 ‘‘(ii) EXCEPTION.—The period of au15 thorized admission of an H–2C non16 immigrant shall not terminate if the alien 

17 is unemployed for 60 or more consecutive 

18 days if such unemployment is caused by— 

19 ‘‘(I) a period of physical or men20 tal disability of the alien or the 

21 spouse, son, daughter, or parent (as 

22 defined in section 101 of the Family 

23 and Medical Leave Act of 1993 (29 

24 U.S.C. 2611)) of the alien; 


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1 ‘‘(II) a period of vacation, med2 ical leave, maternity leave, or similar 

3 leave from employment authorized by 

4 employer policy, State law, or Federal 

5 law; or 

6 ‘‘(III) any other period of tem7 porary unemployment caused by cir8 cumstances beyond the control of the 

9 alien. 

10 ‘‘(B) RETURN TO FOREIGN RESIDENCE.— 

11 Any alien whose period of authorized admission 

12 terminates under subparagraph (A) shall be re13 quired to leave the United States. 

14 ‘‘(C) PERIOD OF VISA VALIDITY.—Any 

15 alien, whose period of authorized admission ter16 minates under subparagraph (A), who leaves 

17 the United States under subparagraph (B), 

18 may reenter the United States as an H–2C 

19 nonimmigrant to work for an employer, if the 

20 alien has complied with the requirements of 

21 subsection (b). The Secretary may, in the Sec22 retary’s sole and unreviewable discretion, reau23 thorize such alien for admission as an H–2C 

24 nonimmigrant without requiring the alien’s de25 parture from the United States. 


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1 ‘‘(4) VISITS OUTSIDE UNITED STATES.— 

2 ‘‘(A) IN GENERAL.—Under regulations es3 tablished by the Secretary of Homeland Secu4 rity, an H–2C nonimmigrant— 

5 ‘‘(i) may travel outside of the United 

6 States; and 

7 ‘‘(ii) may be readmitted without hav8 ing to obtain a new visa if the period of 

9 authorized admission has not expired. 

10 ‘‘(B) EFFECT ON PERIOD OF AUTHORIZED

11 ADMISSION.—Time spent outside the United 

12 States under subparagraph (A) shall not extend 

13 the period of authorized admission in the 

14 United States. 

15 ‘‘(5) BARS TO EXTENSION OR ADMISSION.—An 

16 alien may not be granted H–2C nonimmigrant sta17 tus, or an extension of such status, if— 

18 ‘‘(A) the alien has violated any material 

19 term or condition of such status granted pre20 viously, including failure to comply with the 

21 change of address reporting requirements under 

22 section 265; 

23 ‘‘(B) the alien is inadmissible as a non24 immigrant; or 


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1 ‘‘(C) the granting of such status or exten2 sion of such status would allow the alien to ex3 ceed 6 years as an H–2C nonimmigrant, unless 

4 the alien has resided and been physically 

5 present outside the United States for at least 1 

6 year after the expiration of such H–2C non7 immigrant status. 

8 ‘‘(g) EVIDENCE OF NONIMMIGRANT STATUS.—Each 

9 H–2C nonimmigrant shall be issued documentary evidence 

10 of nonimmigrant status, which— 

11 ‘‘(1) shall be machine-readable, tamper-resist12 ant, and allow for biometric authentication; 

13 ‘‘(2) shall be designed in consultation with the 

14 Forensic Document Laboratory of the Bureau of 

15 Immigration and Customs Enforcement; 

16 ‘‘(3) shall, during the alien’s authorized period 

17 of admission under subsection (f), serve as a valid 

18 entry document for the purpose of applying for ad19 mission to the United States— 

20 ‘‘(A) instead of a passport and visa if the 

21 alien— 

22 ‘‘(i) is a national of a foreign territory 

23 contiguous to the United States; and 

24 ‘‘(ii) is applying for admission at a 

25 land border port of entry; and 


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1 ‘‘(B) in conjunction with a valid passport, 

2 if the alien is applying for admission at an air 

3 or sea port of entry; 

4 ‘‘(4) may be accepted during the period of its 

5 validity by an employer as evidence of employment 

6 authorization and identity under section 

7 274A(b)(1)(B); and 

8 ‘‘(5) shall be issued to the H–2C nonimmigrant 

9 by the Secretary of Homeland Security promptly 

10 after the final adjudication of such alien’s applica11 tion for H–2C nonimmigrant status. 

12 ‘‘(h) PENALTY FOR FAILURE TO DEPART.—If an H– 

13 2C nonimmigrant fails to depart the United States before 

14 the date which is 10 days after the date that the alien’s 

15 authorized period of admission as an H–2C nonimmigrant 

16 terminates, the H–2C nonimmigrant may not apply for 

17 or receive any immigration relief or benefit under this Act 

18 or any other law, except for relief under sections 208 and 

19 241(b)(3) and relief under the Convention Against Tor20 ture and Other Cruel, Inhuman or Degrading Treatment 

21 or Punishment, for an alien who indicates either an inten22 tion to apply for asylum under section 208 or a fear of 

23 persecution or torture. 

24 ‘‘(i) PENALTY FOR ILLEGAL ENTRY OR OVERSTAY.— 

25 Any alien who enters, attempts to enter, or crosses the 


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1 border after the date of the enactment of this section, and 

2 is physically present in the United States after such date 

3 in violation of this Act or of any other Federal law, may 

4 not receive, for a period of 10 years— 

5 ‘‘(1) any relief under section 240A(a), 

6 240A(b)(1), or 240B; or 

7 ‘‘(2) nonimmigrant status under section 

8 101(a)(15) (except subparagraphs (T) and (U)). 

9 ‘‘(j) PORTABILITY.—A nonimmigrant alien described 

10 in this section, who was previously issued a visa or other11 wise provided H–2C nonimmigrant status, may accept a 

12 new offer of employment with a subsequent employer, if— 

13 ‘‘(1) the employer complies with section 218B; 

14 and 

15 ‘‘(2) the alien, after lawful admission to the 

16 United States, did not work without authorization. 

17 ‘‘(k) CHANGE OF ADDRESS.—An H–2C non18 immigrant shall comply with the change of address report19 ing requirements under section 265 through either elec20 tronic or paper notification. 

21 ‘‘(l) COLLECTION OF FEES.—All fees collected under 

22 this section shall be deposited in the Treasury in accord23 ance with section 286(c). 

24 ‘‘(m) ISSUANCE OF H–4 NONIMMIGRANT VISAS FOR

25 SPOUSE AND CHILDREN.— 


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1 ‘‘(1) IN GENERAL.—The alien spouse and chil2 dren of an H–2C nonimmigrant (referred to in this 

3 section as ‘dependent aliens’) who are accompanying 

4 or following to join the H–2C nonimmigrant may be 

5 issued nonimmigrant visas under section 

6 101(a)(15)(H)(iv). 

7 ‘‘(2) REQUIREMENTS FOR ADMISSION.—A de8 pendent alien is eligible for nonimmigrant status 

9 under 101(a)(15)(H)(iv) if the dependent alien 

10 meets the following requirements: 

11 ‘‘(A) ELIGIBILITY.—The dependent alien is 

12 admissible as a nonimmigrant and does not fall 

13 within a class of aliens ineligible for H–4A non14 immigrant status listed under subsection (c). 

15 ‘‘(B) MEDICAL EXAMINATION.—Before a 

16 nonimmigrant visa is issued to a dependent 

17 alien under this subsection, the dependent alien 

18 shall submit to a medical examination (includ19 ing a determination of immunization status) at 

20 the alien’s expense, that conforms to generally 

21 accepted standards of medical practice. 

22 ‘‘(C) BACKGROUND CHECKS.—Before a 

23 nonimmigrant visa is issued to a dependent 

24 alien under this section, the consular officer 

25 shall conduct such background checks as the 


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1 Secretary of State, in consultation with the Sec2 retary of Homeland Security, considers appro3 priate. 

4 ‘‘(n) DEFINITIONS.—In this section and sections 

5 218B, 218C, and 218D: 

6 ‘‘(1) AGGRIEVED PERSON.—term ‘aggrieved 

7 person’ means a person adversely affected by an al8 leged violation of this section, including— 

9 ‘‘(A) a worker whose job, wages, or work10 ing conditions are adversely affected by the vio11 lation; and 

12 ‘‘(B) a representative for workers whose 

13 jobs, wages, or working conditions are adversely 

14 affected by the violation who brings a complaint 

15 on behalf of such worker. 

16 ‘‘(2) AREA OF EMPLOYMENT.—The terms ‘area 

17 of employment’ and ‘area of intended employment’ 

18 mean the area within normal commuting distance of 

19 the worksite or physical location at which the work 

20 of the temporary worker is or will be performed. If 

21 such worksite or location is within a Metropolitan 

22 Statistical Area, any place within such area is 

23 deemed to be within the area of employment. 

24 ‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

25 individual’ means, with respect to employment, an 


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1 individual who is not an unauthorized alien (as de2 fined in section 274A) with respect to that employ3 ment. 

4 ‘‘(4) EMPLOY; EMPLOYEE; EMPLOYER.—The 

5 terms ‘employ’, ‘employee’, and ‘employer’ have the 

6 meanings given such terms in section 3 of the Fair 

7 Labor Standards Act of 1938 (29 U.S.C. 203). 

8 ‘‘(5) FOREIGN LABOR CONTRACTOR.—The term 

9 ‘foreign labor contractor’ means any person who for 

10 any compensation or other valuable consideration 

11 paid or promised to be paid, performs any foreign 

12 labor contracting activity. 

13 ‘‘(6) FOREIGN LABOR CONTRACTING ACTIV14 ITY.—The term ‘foreign labor contracting activity’ 

15 means recruiting, soliciting, hiring, employing, or 

16 furnishing, an individual who resides outside of the 

17 United States for employment in the United States 

18 as a nonimmigrant alien described in section 

19 101(a)(15)(H)(ii)(c). 

20 ‘‘(7) H–2C NONIMMIGRANT.—The term ‘H–2C 

21 nonimmigrant’ means a nonimmigrant described in 

22 section 101(a)(15)(H)(ii)(c). 

23 ‘‘(8) 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 ‘‘(9) 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 (2) CLERICAL AMENDMENT.—The table of con5 tents for the Immigration and Nationality Act (8 

6 U.S.C. 1101 et seq.) is amended by inserting after 

7 the item relating to section 218 the following: 

‘‘Sec. 218A. Admission of temporary H–2C workers.’’. 

8 SEC. 404. EMPLOYER OBLIGATIONS. 

9 (a) IN GENERAL.—Title II (8 U.S.C. 1201 et seq.) 

10 is amended by inserting after section 218A, as added by 

11 section 403, the following: 

12 ‘‘SEC. 218B. EMPLOYER OBLIGATIONS. 

13 ‘‘(a) GENERAL REQUIREMENTS.—Each employer 

14 who employs an H–2C nonimmigrant shall— 

15 ‘‘(1) file a petition in accordance with sub16 section (b); and 

17 ‘‘(2) pay the appropriate fee, as determined by 

18 the Secretary of Labor. 

19 ‘‘(b) REQUIRED PROCEDURE.—Except where the 

20 Secretary of Labor has determined that there is a shortage 

21 of United States workers in the occupation and area of 

22 intended employment to which the H–2C nonimmigrant 

23 is sought— 

24 ‘‘(1) EFFORTS TO RECRUIT UNITED STATES

25 WORKERS.—During the period beginning not later 


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1 than 90 days prior to the date on which a petition 

2 is filed under subsection (a)(1), and ending on the 

3 date that is 14 days prior to the date on which the 

4 petition is filed, the employer involved shall take the 

5 following steps to recruit United States workers for 

6 the position for which the H–2C nonimmigrant is 

7 sought under the petition: 

8 ‘‘(A) Submit a copy of the job opportunity, 

9 including a description of the wages and other 

10 terms and conditions of employment and the 

11 minimum education, training, experience and 

12 other requirements of the job, to the State Em13 ployment Service Agency that serves the area of 

14 employment in the State in which the employer 

15 is located. 

16 ‘‘(B) Authorize the State Employment 

17 Service Agency to post the job opportunity on 

18 the Internet through the website for America’s 

19 Job Bank, with local job banks, and with unem20 ployment agencies and other labor referral and 

21 recruitment sources pertinent to the job in22 volved. 

23 ‘‘(C) Authorize the State Employment 

24 Service Agency to notify labor organizations in 

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1 plicable, the office of the local union which rep2 resents the employees in the same or substan3 tially equivalent job classification of the job op4 portunity. 

5 ‘‘(D) Post the availability of the job oppor6 tunity for which the employer is seeking a 

7 worker in conspicuous locations at the place of 

8 employment for all employees to see. 

9 ‘‘(2) EFFORTS TO EMPLOY UNITED STATES

10 WORKERS.—An employer that seeks to employ an 

11 H–2C nonimmigrant shall— 

12 ‘‘(A) first offer the job to any eligible 

13 United States worker who applies, is qualified 

14 for the job and is available at the time of need, 

15 notwithstanding any other valid employment 

16 criteria. 

17 ‘‘(c) PETITION.—A petition to hire an H–2C non18 immigrant under this section shall include an attestation 

19 by the employer of the following: 

20 ‘‘(1) PROTECTION OF UNITED STATES WORK21 ERS.—The employment of an H–2C non22 immigrant— 

23 ‘‘(A) will not adversely affect the wages 

24 and working conditions of workers in the 

25 United States similarly employed; and 


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1 ‘‘(B) did not and will not cause the separa2 tion from employment of a United States work3 er employed by the employer within the 180-day 

4 period beginning 90 days before the date on 

5 which the petition is filed. 

6 ‘‘(2) WAGES.— 

7 ‘‘(A) IN GENERAL.—The H–2C non8 immigrant will be paid not less than the greater 

9 of— 

10 ‘‘(i) the actual wage level paid by the 

11 employer to all other individuals with simi12 lar experience and qualifications for the 

13 specific employment in question; or 

14 ‘‘(ii) the prevailing wage level for the 

15 occupational classification in the area of 

16 employment, taking into account experi17 ence and skill levels of employees. 

18 ‘‘(B) CALCULATION.—The wage levels 

19 under subparagraph (A) shall be calculated 

20 based on the best information available at the 

21 time of the filing of the application. 

22 ‘‘(C) PREVAILING WAGE LEVEL.—For pur23 poses of subparagraph (A)(ii), the prevailing 

24 wage level shall be determined in accordance as 

25 follows: 


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1 ‘‘(i) If the job opportunity is covered 

2 by a collective bargaining agreement be3 tween a union and the employer, the pre4 vailing wage shall be the wage rate set 

5 forth in the collective bargaining agree6 ment. 

7 ‘‘(ii) If the job opportunity is not cov8 ered by such an agreement and it is in an 

9 occupation that is covered by a wage deter10 mination under a provision of subchapter 

11 IV of chapter 31 of title 40, United States 

12 Code, or the Service Contract Act of 1965 

13 (41 U.S.C. 351 et seq.), the prevailing 

14 wage level shall be the appropriate statu15 tory wage. 

16 ‘‘(iii)(I) If the job opportunity is not 

17 covered by such an agreement and it is in 

18 an occupation that is not covered by a 

19 wage determination under a provision of 

20 subchapter IV of chapter 31 of title 40, 

21 United States Code, or the Service Con22 tract Act of 1965 (41 U.S.C. 351 et seq.), 

23 the prevailing wage level shall be based on 

24 published wage data for the occupation 

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1 cluding the Occupational Employment Sta2 tistics survey, Current Employment Statis3 tics data, National Compensation Survey, 

4 and Occupational Employment Projections 

5 program. If the Bureau of Labor Statistics 

6 does not have wage data applicable to such 

7 occupation, the employer may base the pre8 vailing wage level on another wage survey 

9 approved by the Secretary of Labor. 

10 ‘‘(II) The Secretary shall promulgate 

11 regulations applicable to approval of such 

12 other wage surveys that require, among 

13 other things, that the Bureau of Labor 

14 Statistics determine such surveys are sta15 tistically viable. 

16 ‘‘(3) WORKING CONDITIONS.—All workers in 

17 the occupation at the place of employment at which 

18 the H–2C nonimmigrant will be employed will be 

19 provided the working conditions and benefits that 

20 are normal to workers similarly employed in the area 

21 of intended employment. 

22 ‘‘(4) LABOR DISPUTE.—There is not a strike, 

23 lockout, or work stoppage in the course of a labor 

24 dispute in the occupation at the place of employment 

25 at which the H–2C nonimmigrant will be employed. 


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1 If such strike, lockout, or work stoppage occurs fol2 lowing submission of the petition, the employer will 

3 provide notification in accordance with regulations 

4 promulgated by the Secretary of Labor. 

5 ‘‘(5) PROVISION OF INSURANCE.—If the posi6 tion for which the H–2C nonimmigrant is sought is 

7 not covered by the State workers’ compensation law, 

8 the employer will provide, at no cost to the H–2C 

9 nonimmigrant, insurance covering injury and disease 

10 arising out of, and in the course of, the worker’s em11 ployment, which will provide benefits at least equal 

12 to those provided under the State workers’ com13 pensation law for comparable employment. 

14 ‘‘(6) NOTICE TO EMPLOYEES.— 

15 ‘‘(A) IN GENERAL.—The employer has pro16 vided notice of the filing of the petition to the 

17 bargaining representative of the employer’s em18 ployees in the occupational classification and 

19 area of employment for which the H–2C non20 immigrant is sought. 

21 ‘‘(B) NO BARGAINING REPRESENTATIVE.— 

22 If there is no such bargaining representative, 

23 the employer has— 

24 ‘‘(i) posted a notice of the filing of the 

25 petition in a conspicuous location at the 


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1 place or places of employment for which 

2 the H–2C nonimmigrant is sought; or 

3 ‘‘(ii) electronically disseminated such 

4 a notice to the employer’s employees in the 

5 occupational classification for which the 

6 H–2C nonimmigrant is sought. 

7 ‘‘(7) RECRUITMENT.—Except where the Sec8 retary of Labor has determined that there is a 

9 shortage of United States workers in the occupation 

10 and area of intended employment for which the H– 

11 2C nonimmigrant is sought— 

12 ‘‘(A) there are not sufficient workers who 

13 are able, willing, and qualified, and who will be 

14 available at the time and place needed, to per15 form the labor or services involved in the peti16 tion; and 

17 ‘‘(B) good faith efforts have been taken to 

18 recruit United States workers, in accordance 

19 with regulations promulgated by the Secretary 

20 of Labor, which efforts included— 

21 ‘‘(i) the completion of recruitment 

22 during the period beginning on the date 

23 that is 90 days before the date on which 

24 the petition was filed with the Department 

25 of Homeland Security and ending on the 


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1 date that is 14 days before such filing 

2 date; and 

3 ‘‘(ii) the actual wage paid by the em4 ployer for the occupation in the areas of 

5 intended employment was used in con6 ducting recruitment. 

7 ‘‘(8) INELIGIBILITY.—The employer is not cur8 rently ineligible from using the H–2C nonimmigrant 

9 program described in this section. 

10 ‘‘(9) BONAFIDE OFFER OF EMPLOYMENT.—The 

11 job for which the H–2C nonimmigrant is sought is 

12 a bona fide job— 

13 ‘‘(A) for which the employer needs labor or 

14 services; 

15 ‘‘(B) which has been and is clearly open to 

16 any United States worker; and 

17 ‘‘(C) for which the employer will be able to 

18 place the H–2C nonimmigrant on the payroll. 

19 ‘‘(10) PUBLIC AVAILABILITY AND RECORDS RE20 TENTION.—A copy of each petition filed under this 

21 section and documentation supporting each attesta22 tion, in accordance with regulations promulgated by 

23 the Secretary of Labor, will— 

24 ‘‘(A) be provided to every H–2C non25 immigrant employed under the petition; 


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1 ‘‘(B) be made available for public examina2 tion at the employer’s place of business or work 

3 site; 

4 ‘‘(C) be made available to the Secretary of 

5 Labor during any audit; and 

6 ‘‘(D) remain available for examination for 

7 5 years after the date on which the petition is 

8 filed. 

9 ‘‘(11) NOTIFICATION UPON SEPARATION FROM

10 OR TRANSFER OF EMPLOYMENT.—The employer will 

11 notify the Secretary of Labor and the Secretary of 

12 Homeland Security of an H–2C nonimmigrant’s sep13 aration from employment or transfer to another em14 ployer not more than 3 business days after the date 

15 of such separation or transfer, in accordance with 

16 regulations promulgated by the Secretary of Home17 land Security. 

18 ‘‘(12) ACTUAL NEED FOR LABOR OR SERV19 ICES.—The petition was filed not more than 60 days 

20 before the date on which the employer needed labor 

21 or services for which the H–2C nonimmigrant is 

22 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 approved petitions for H–2C non2 immigrants to the Secretary of Labor for potential 

3 audit. 

4 ‘‘(2) AUDITS AUTHORIZED.—The Secretary of 

5 Labor may audit any approved petition referred pur6 suant to paragraph (1), in accordance with regula7 tions promulgated by the Secretary of Labor. 

8 ‘‘(e) INELIGIBLE EMPLOYERS.— 

9 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

10 Security shall not approve an employer’s petitions, 

11 applications, certifications, or attestations under any 

12 immigrant or nonimmigrant program if the Sec13 retary of Labor determines, after notice and an op14 portunity for a hearing, that the employer submit15 ting such documents— 

16 ‘‘(A) has, with respect to the attestations 

17 required under subsection (b)— 

18 ‘‘(i) misrepresented a material fact; 

19 ‘‘(ii) made a fraudulent statement; or 

20 ‘‘(iii) failed to comply with the terms 

21 of such attestations; or 

22 ‘‘(B) failed to cooperate in the audit proc23 ess in accordance with regulations promulgated 

24 by the Secretary of Labor. 


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1 ‘‘(2) LENGTH OF INELIGIBILITY.—An employer 

2 described in paragraph (1) shall be ineligible to par3 ticipate in the labor certification programs of the 

4 Secretary of Labor for not less than the time period 

5 determined by the Secretary, not to exceed 3 years. 

6 ‘‘(3) EMPLOYERS IN HIGH UNEMPLOYMENT

7 AREAS.—Beginning on the date that is 1 year after 

8 the date of the enactment of the Initial Entry, Ad9 justment, and Citizenship Assistance Grant Act of 

10 2007, the Secretary of Homeland Security may not 

11 approve any employer’s petition under subsection (b) 

12 if the work to be performed by the H–2C non13 immigrant is not agriculture based and is located in 

14 a metropolitan or micropolitan statistical area (as 

15 defined by the Office of Management and Budget) 

16 in which the unemployment rate for workers who 

17 have not completed any education beyond a high 

18 school diploma during the most recently completed 

19 6-month period averaged more than 9.0 percent. 

20 ‘‘(f) REGULATION OF FOREIGN LABOR CONTRAC21 TORS.— 

22 ‘‘(1) COVERAGE.—Notwithstanding any other 

23 provision of law, an H–2C nonimmigrant may not be 

24 treated as an independent contractor. 


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1 ‘‘(2) APPLICABILITY OF LAWS.—An H–2C non2 immigrant shall not be denied any right or any rem3 edy under Federal, State, or local labor or employ4 ment law that would be applicable to a United 

5 States worker employed in a similar position with 

6 the employer because of the alien’s status as a non7 immigrant worker. 

8 ‘‘(3) TAX RESPONSIBILITIES.—With respect to 

9 each employed H–2C nonimmigrant, an employer 

10 shall comply with all applicable Federal, State, and 

11 local tax and revenue laws. 

12 ‘‘(g) WHISTLEBLOWER PROTECTION.—It shall be un13 lawful for an employer or a labor contractor of an H–2C 

14 nonimmigrant to intimidate, threaten, restrain, coerce, re15 taliate, discharge, or in any other manner, discriminate 

16 against an employee or former employee because the em17 ployee or former employee— 

18 ‘‘(1) discloses information to the employer or 

19 any other person that the employee or former em20 ployee reasonably believes demonstrates a violation 

21 of this Act; or 

22 ‘‘(2) cooperates or seeks to cooperate in an in23 vestigation or other proceeding concerning compli24 ance with the requirements of this Act. 

25 ‘‘(h) LABOR RECRUITERS.— 


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1 ‘‘(1) IN GENERAL.—Each employer that en2 gages in foreign labor contracting activity and each 

3 foreign labor contractor shall ascertain and disclose, 

4 to each such worker who is recruited for employment 

5 at the time of the worker’s recruitment— 

6 ‘‘(A) the place of employment; 

7 ‘‘(B) the compensation for the employ8 ment; 

9 ‘‘(C) a description of employment activi10 ties; 

11 ‘‘(D) the period of employment; 

12 ‘‘(E) any other employee benefit to be pro13 vided and any costs to be charged for each ben14 efit; 

15 ‘‘(F) any travel or transportation expenses 

16 to be assessed; 

17 ‘‘(G) the existence of any labor organizing 

18 effort, strike, lockout, or other labor dispute at 

19 the place of employment; 

20 ‘‘(H) the existence of any arrangement 

21 with any owner, employer, foreign contractor, 

22 or its agent where such person receives a com23 mission from the provision of items or services 

24 to workers; 


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1 ‘‘(I) the extent to which workers will be 

2 compensated through workers’ compensation, 

3 private insurance, or otherwise for injuries or 

4 death, including— 

5 ‘‘(i) work related injuries and death 

6 during the period of employment; 

7 ‘‘(ii) the name of the State workers’ 

8 compensation insurance carrier or the 

9 name of the policyholder of the private in10 surance; 

11 ‘‘(iii) the name and the telephone 

12 number of each person who must be noti13 fied of an injury or death; and 

14 ‘‘(iv) the time period within which 

15 such notice must be given; 

16 ‘‘(J) any education or training to be pro17 vided or required, including— 

18 ‘‘(i) the nature and cost of such train19 ing; 

20 ‘‘(ii) the entity that will pay such 

21 costs; and 

22 ‘‘(iii) whether the training is a condi23 tion of employment, continued employ24 ment, or future employment; and 


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1 ‘‘(K) a statement, in a form specified by 

2 the Secretary of Labor, describing the protec3 tions of this Act for workers recruited abroad. 

4 ‘‘(2) FALSE OR MISLEADING INFORMATION.— 

5 No foreign labor contractor or employer who en6 gages in foreign labor contracting activity shall 

7 knowingly provide material false or misleading infor8 mation to any worker concerning any matter re9 quired to be disclosed in paragraph (1). 

10 ‘‘(3) LANGUAGES.—The information required to 

11 be disclosed under paragraph (1) shall be provided 

12 in writing in English or, as necessary and reason13 able, in the language of the worker being recruited. 

14 The Secretary of Labor shall make forms available 

15 in English, Spanish, and other languages, as nec16 essary, which may be used in providing workers with 

17 information required under this section. 

18 ‘‘(4) FEES.—A person conducting a foreign 

19 labor contracting activity shall not assess any fee to 

20 a worker for such foreign labor contracting activity. 

21 ‘‘(5) TERMS.—No employer or foreign labor 

22 contractor shall, without justification, violate the 

23 terms of any agreement made by that contractor or 

24 employer regarding employment under this program. 


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1 ‘‘(6) TRAVEL COSTS.—If the foreign labor con2 tractor or employer charges the employee for trans3 portation such transportation costs shall be reason4 able. 

5 ‘‘(7) OTHER WORKER PROTECTIONS.— 

6 ‘‘(A) NOTIFICATION.—Not less frequently 

7 than once every 2 years, each employer shall 

8 notify the Secretary of Labor of the identity of 

9 any foreign labor contractor engaged by the em10 ployer in any foreign labor contractor activity 

11 for, or on behalf of, the employer. 

12 ‘‘(B) REGISTRATION OF FOREIGN LABOR

13 CONTRACTORS.— 

14 ‘‘(i) IN GENERAL.—No person shall 

15 engage in foreign labor recruiting activity 

16 unless such person has a certificate of reg17 istration from the Secretary of Labor 

18 specifying the activities that such person is 

19 authorized to perform. An employer who 

20 retains the services of a foreign labor con21 tractor shall only use those foreign labor 

22 contractors who are registered under this 

23 subparagraph. 

24 ‘‘(ii) ISSUANCE.—The Secretary shall 

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1 cient electronic process for the investiga2 tion and approval of an application for a 

3 certificate of registration of foreign labor 

4 contractors not later than 14 days after 

5 such application is filed, including— 

6 ‘‘(I) requirements under para7 graphs (1), (4), and (5) of section 102 

8 of the Migrant and Seasonal Agricul9 tural Worker Protection Act (29 

10 U.S.C. 1812); 

11 ‘‘(II) an expeditious means to up12 date registrations and renew certifi13 cates; and 

14 ‘‘(III) any other requirements 

15 that the Secretary may prescribe. 

16 ‘‘(iii) TERM.—Unless suspended or re17 voked, a certificate under this subpara18 graph shall be valid for 2 years. 

19 ‘‘(iv) REFUSAL TO ISSUE; REVOCA20 TION; SUSPENSION.—In accordance with 

21 regulations promulgated by the Secretary 

22 of Labor, the Secretary may refuse to issue 

23 or renew, or may suspend or revoke, a cer24 tificate of registration under this subpara25 graph if— 


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1 ‘‘(I) the application or holder of 

2 the certification has knowingly made a 

3 material misrepresentation in the ap4 plication for such certificate; 

5 ‘‘(II) the applicant for, or holder 

6 of, the certification is not the real 

7 party in interest in the application or 

8 certificate of registration and the real 

9 party in interest— 

10 ‘‘(aa) is a person who has 

11 been refused issuance or renewal 

12 of a certificate; 

13 ‘‘(bb) has had a certificate 

14 suspended or revoked; or 

15 ‘‘(cc) does not qualify for a 

16 certificate under this paragraph; 

17 or 

18 ‘‘(III) the applicant for or holder 

19 of the certification has failed to com20 ply with this Act. 

21 ‘‘(C) REMEDY FOR VIOLATIONS.—An em22 ployer engaging in foreign labor contracting ac23 tivity and a foreign labor contractor that vio24 lates the provisions of this subsection shall be 

25 subject to remedies for foreign labor contractor 


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1 violations under subsections (h) and (i). If a 

2 foreign labor contractor acting as an agent of 

3 an employer violates any provision of this sub4 section, the employer shall also be subject to 

5 remedies under subsections (h) and (i). An em6 ployer that violates a provision of this sub7 section relating to employer obligations shall be 

8 subject to remedies under subsections (h) and 

9 (i). 

10 ‘‘(D) EMPLOYER NOTIFICATION.—An em11 ployer shall notify the Secretary of Labor if the 

12 employer becomes aware of a violation of this 

13 subsection by a foreign labor recruiter. 

14 ‘‘(E) WRITTEN AGREEMENTS.—A foreign 

15 labor contractor may not violate the terms of 

16 any written agreements made with an employer 

17 relating to any contracting activity or worker 

18 protection under this subsection. 

19 ‘‘(F) BONDING REQUIREMENT.—The Sec20 retary of Labor may require a foreign labor 

21 contractor to post a bond in an amount suffi22 cient to ensure the protection of individuals re23 cruited by the foreign labor contractor. The 

24 Secretary may consider the extent to which the 

25 foreign labor contractor has sufficient ties to 


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•S 1348 PCS

1 the United States to adequately enforce this 

2 subsection. 

3 ‘‘(i) ENFORCEMENT.— 

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 CAUSE.—The Secretary of 

14 Labor shall conduct an investigation under this sub15 section if there is reasonable cause 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 cause under para25 graph (4), 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 party 

7 or organization an opportunity for a hearing 

8 under subparagraph (A), the Secretary shall no9 tify the aggrieved party or organization of such 

10 determination and the aggrieved party or orga11 nization may seek a hearing on the complaint 

12 in accordance with such section 556. 

13 ‘‘(C) HEARING DEADLINE.—Not later than 

14 60 days after the date of a hearing under this 

15 paragraph, the Secretary of Labor shall make a 

16 finding on the matter in accordance with para17 graph (5). 

18 ‘‘(5) ATTORNEYS’ FEES.—A complainant who 

19 prevails with respect to a claim under this sub20 section shall be entitled to an award of reasonable 

21 attorneys’ fees and costs. 

22 ‘‘(6) POWER OF THE SECRETARY.—The Sec23 retary may bring an action in any court of com24 petent jurisdiction— 


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1 ‘‘(A) to seek remedial action, including in2 junctive relief; 

3 ‘‘(B) to recover the damages described in 

4 subsection (i); or 

5 ‘‘(C) to ensure compliance with terms and 

6 conditions described in subsection (g). 

7 ‘‘(7) SOLICITOR OF LABOR.—Except as pro8 vided in section 518(a) of title 28, United States 

9 Code, the Solicitor of Labor may appear for and rep10 resent the Secretary of Labor in any civil litigation 

11 brought under this subsection. All such litigation 

12 shall be subject to the direction and control of the 

13 Attorney General. 

14 ‘‘(8) PROCEDURES IN ADDITION TO OTHER

15 RIGHTS OF EMPLOYEES.—The rights and remedies 

16 provided to workers under this section are in addi17 tion to any other contractual or statutory rights and 

18 remedies of the workers, and are not intended to 

19 alter or affect such rights and remedies. 

20 ‘‘(j) PENALTIES.— 

21 ‘‘(1) IN GENERAL.—If, after notice and an op22 portunity for a hearing, the Secretary of Labor finds 

23 a violation of subsection (b), (e), (f), or (g), the Sec24 retary may impose administrative remedies and pen25 alties, including— 


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1 ‘‘(A) back wages; 

2 ‘‘(B) benefits; and 

3 ‘‘(C) civil monetary penalties. 

4 ‘‘(2) CIVIL PENALTIES.—The Secretary of 

5 Labor may impose, as a civil penalty— 

6 ‘‘(A) for a violation of subsection (e) or 

7 (f)— 

8 ‘‘(i) a fine in an amount not to exceed 

9 $2,000 per violation per affected worker; 

10 ‘‘(ii) if the violation was willful viola11 tion, a fine in an amount not to exceed 

12 $5,000 per violation per affected worker; 

13 ‘‘(iii) if the violation was willful and if 

14 in the course of such violation a United 

15 States worker was harmed, a fine in an 

16 amount not to exceed $25,000 per viola17 tion per affected worker; and 

18 ‘‘(B) for a violation of subsection (g)— 

19 ‘‘(i) a fine in an amount not less than 

20 $500 and not more than $4,000 per viola21 tion per affected worker; 

22 ‘‘(ii) if the violation was willful, a fine 

23 in an amount not less than $2,000 and not 

24 more than $5,000 per violation per af25 fected worker; and 


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1 ‘‘(iii) if the violation was willful and if 

2 in the course of such violation a United 

3 States worker was harmed, a fine in an 

4 amount not less than $6,000 and not more 

5 than $35,000 per violation per affected 

6 worker. 

7 ‘‘(3) USE OF CIVIL PENALTIES.—All penalties 

8 collected under this subsection shall be deposited in 

9 the Treasury in accordance with section 286(w). 

10 ‘‘(4) CRIMINAL PENALTIES.—If a willful and 

11 knowing violation of subsection (g) causes extreme 

12 physical or financial harm to an individual, the per13 son in violation of such subsection may be impris14 oned for not more than 6 months, fined in an 

15 amount not more than $35,000, or both.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 is amended by inserting after the item relating to section 

18 218A, as added by section 403, the following: 

‘‘Sec. 218B. Employer obligations.’’. 

19 SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. 

20 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

21 is amended by inserting after section 218B, as added by 

22 section 404, the following: 

23 ‘‘SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. 

24 ‘‘(a) ESTABLISHMENT.—The Secretary of Homeland 

25 Security, in consultation with the Secretary of Labor, the 


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1 Secretary of State, and the Commission of Social Security, 

2 shall develop and implement a program (referred to in this 

3 section as the ‘alien employment management system’) to 

4 manage and track the employment of aliens described in 

5 sections 218A and 218D. 

6 ‘‘(b) REQUIREMENTS.—The alien employment man7 agement system shall— 

8 ‘‘(1) provide employers who seek employees with 

9 an opportunity to recruit and advertise employment 

10 opportunities available to United States workers be11 fore hiring an H–2C nonimmigrant; 

12 ‘‘(2) collect sufficient information from employ13 ers to enable the Secretary of Homeland Security to 

14 determine— 

15 ‘‘(A) if the nonimmigrant is employed; 

16 ‘‘(B) which employers have hired an H–2C 

17 nonimmigrant; 

18 ‘‘(C) the number of H–2C nonimmigrants 

19 that an employer is authorized to hire and is 

20 currently employing; 

21 ‘‘(D) the occupation, industry, and length 

22 of time that an H–2C nonimmigrant has been 

23 employed in the United States; 

24 ‘‘(3) allow employers to request approval of 

25 multiple H–2C nonimmigrant workers; and 


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1 ‘‘(4) permit employers to submit applications 

2 under this section in an electronic form.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 for the Immigration and Nationality Act (8 U.S.C. 1101 

5 et seq.) is amended by inserting after the item relating 

6 to section 218B, as added by section 404, the following: 

‘‘Sec. 218C. Alien employment management system.’’. 

7 SEC. 406. RULEMAKING; EFFECTIVE DATE. 

8 (a) RULEMAKING.—Not later than 6 months after 

9 the date of enactment of this Act, the Secretary of Labor 

10 shall promulgate regulations, in accordance with the notice 

11 and comment provisions of section 553 of title 5, United 

12 States Code, to carry out the provisions of sections 218A, 

13 218B, and 218C, as added by this Act. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 sections 403, 404, and 405 shall take effect on the date 

16 that is 1 year after the date of the enactment of this Act 

17 with regard to aliens, who, on such effective date, are in 

18 the foreign country where they maintain residence. 

19 SEC. 407. RECRUITMENT OF UNITED STATES WORKERS. 

20 (a) ELECTRONIC JOB REGISTRY.—The Secretary of 

21 Labor shall establish a publicly accessible Web page on 

22 the Internet website of the Department of Labor that pro23 vides a single Internet link to each State workforce agen24 cy’s statewide electronic registry of jobs available through25 out the United States to United States workers. 


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1 (b) RECRUITMENT OF UNITED STATES WORKERS.— 

2 (1) POSTING.—An employer shall attest that 

3 the employer has posted an employment opportunity 

4 at a prevailing wage level (as described in section 

5 218B(b)(2)(C) of the Immigration and Nationality 

6 Act). 

7 (2) RECORDS.—An employer shall maintain 

8 records for not less than 1 year after the date on 

9 which an H–2C nonimmigrant is hired that describe 

10 the reasons for not hiring any of the United States 

11 workers who may have applied for such position. 

12 (c) OVERSIGHT AND MAINTENANCE OF RECORDS.— 

13 The Secretary of Labor shall promulgate regulations re14 garding the maintenance of electronic job registry records 

15 for the purpose of audit or investigation. 

16 (d) ACCESS TO ELECTRONIC JOB REGISTRY.—The 

17 Secretary of Labor shall ensure that job opportunities ad18 vertised on an electronic job registry established under 

19 this section are accessible— 

20 (1) by the State workforce agencies, which may 

21 further disseminate job opportunity information to 

22 other interested parties; and 

23 (2) through the Internet, for access by workers, 

24 employers, labor organizations, and other interested 

25 parties. 


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1 SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM 

2 TASK FORCE. 

3 (a) ESTABLISHMENT.—There is established a task 

4 force to be known as the ‘‘Temporary Worker Task 

5 Force’’ (referred to in this section as the ‘‘Task Force’’). 

6 (b) PURPOSES.—The purposes of the Task Force 

7 are— 

8 (1) to study the impact of the admission of 

9 aliens under section 101(a)(15)(H)(ii)(c) on the 

10 wages, working conditions, and employment of 

11 United States workers; and 

12 (2) to make recommendations to the Secretary 

13 of Labor regarding the need for an annual numerical 

14 limitation on the number of aliens that may be ad15 mitted in any fiscal year under section 

16 101(a)(15)(H)(ii)(c). 

17 (c) MEMBERSHIP.— 

18 (1) IN GENERAL.—The Task Force shall be 

19 composed of 10 members, of whom— 

20 (A) 1 shall be appointed by the President 

21 and shall serve as chairman of the Task Force; 

22 (B) 1 shall be appointed by the leader of 

23 the minority party in the Senate, in consulta24 tion with the leader of the minority party in the 

25 House of Representatives, and shall serve as 

26 vice chairman of the Task Force; 


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1 (C) 2 shall be appointed by the majority 

2 leader of the Senate; 

3 (D) 2 shall be appointed by the minority 

4 leader of the Senate; 

5 (E) 2 shall be appointed by the Speaker of 

6 the House of Representatives; and 

7 (F) 2 shall be appointed by the minority 

8 leader of the House of Representatives. 

9 (2) DEADLINE FOR APPOINTMENT.—All mem10 bers of the Task Force shall be appointed not later 

11 than 6 months after the date of the enactment of 

12 this Act. 

13 (3) VACANCIES.—Any vacancy in the Task 

14 Force shall not affect its powers, but shall be filled 

15 in the same manner in which the original appoint16 ment was made. 

17 (4) QUORUM.—Six members of the Task Force 

18 shall constitute a quorum. 

19 (d) QUALIFICATIONS.— 

20 (1) IN GENERAL.—Members of the Task Force 

21 shall be— 

22 (A) individuals with expertise in economics, 

23 demography, labor, business, or immigration or 

24 other pertinent qualifications or experience; and 


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1 (B) representative of a broad cross-section 

2 of perspectives within the United States, includ3 ing the public and private sectors and aca4 demia. 

5 (2) POLITICAL AFFILIATION.—Not more than 5 

6 members of the Task Force may be members of the 

7 same political party. 

8 (3) NONGOVERNMENTAL APPOINTEES.—An in9 dividual appointed to the Task Force may not be an 

10 officer or employee of the Federal Government or of 

11 any State or local government. 

12 (e) MEETINGS.— 

13 (1) INITIAL MEETING.—The Task Force shall 

14 meet and begin the operations of the Task Force as 

15 soon as practicable. 

16 (2) SUBSEQUENT MEETINGS.—After its initial 

17 meeting, the Task Force shall meet upon the call of 

18 the chairman or a majority of its members. 

19 (f) REPORT.—Not later than 18 months after the 

20 date of the enactment of this Act, the Task Force shall 

21 submit, to Congress, the Secretary of Labor, and the Sec22 retary, a report that contains— 

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

24 Task Force; and 


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1 (2) recommendations for imposing a numerical 

2 limit. 

3 (g) NUMERICAL LIMITATIONS.—Section 214(g)(1) (8 

4 U.S.C. 1184(g)(1)) is amended— 

5 (1) in subparagraph (A)(vii), by striking ‘‘or’’ 

6 at the end; 

7 (2) in subparagraph (B), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(C) under section 101(a)(15)(H)(ii)(c) 

11 may not exceed 200,000.’’. 

12 (h) ADJUSTMENT TO LAWFUL PERMANENT RESI13 DENT STATUS.—Section 245 (8 U.S.C. 1255) is amended 

14 by adding at the end the following: 

15 ‘‘(n)(1) For purposes of adjustment of status under 

16 subsection (a), employment-based immigrant visas shall be 

17 made available, subject to the numerical limitations set 

18 out in sections 201(d) and 203(b), to an alien having non19 immigrant status described in section 101(a)(15)(H)(ii)(c) 

20 upon the filing of a petition for such a visa— 

21 ‘‘(A) by the alien’s employer; or 

22 ‘‘(B) by the alien, if— 

23 ‘‘(i) the alien has been employed in H–2C 

24 status for a cumulative period of not less than 

25 4 years; 


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1 ‘‘(ii) an employer attests that the employer 

2 will employ the alien in the offered job position; 

3 ‘‘(iii) the Secretary of Labor determines 

4 and certifies that there are not sufficient 

5 United States workers who are able, willing, 

6 qualified, and available to fill the job position; 

7 or 

8 ‘‘(iv) the Secretary of Labor determines 

9 and certifies that there are not sufficient 

10 United States workers who are able, willing, 

11 qualified, and available to fill the position in 

12 which the alien is, or will be, employed; and 

13 ‘‘(v) the alien submits at least 2 documents 

14 to establish current employment, as follows: 

15 ‘‘(I) Records maintained by the Social 

16 Security Administration. 

17 ‘‘(II) Records maintained by the 

18 alien’s employer, such as pay stubs, time 

19 sheets, or employment work verification. 

20 ‘‘(III) Records maintained by the In21 ternal Revenue Service. 

22 ‘‘(IV) Records maintained by any 

23 other government agency, such as worker 

24 compensation records, disability records, or 

25 business licensing records. 


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1 ‘‘(2) An alien having nonimmigrant status described 

2 in section 101(a)(15)(H)(ii)(c) may not apply for adjust3 ment of status under this section unless the alien— 

4 ‘‘(A) is physically present in the United States; 

5 and 

6 ‘‘(B) establishes that the alien meets the re7 quirements of section 312. 

8 ‘‘(3) An alien who demonstrates that the alien meets 

9 the requirements of section 312 may be considered to have 

10 satisfied the requirements of that section for purposes of 

11 becoming naturalized as a citizen of the United States 

12 under title III. 

13 ‘‘(4) Filing a petition under paragraph (1) on behalf 

14 of an alien or otherwise seeking permanent residence in 

15 the United States for such alien shall not constitute evi16 dence of the alien’s ineligibility for nonimmigrant status 

17 under section 101(a)(15)(H)(ii)(c). 

18 ‘‘(5) The Secretary of Homeland Security shall ex19 tend, in 1-year increments, the stay of an alien for whom 

20 a labor certification petition filed under section 203(b) or 

21 an immigrant visa petition filed under section 204(b) is 

22 pending until a final decision is made on the alien’s lawful 

23 permanent residence. 

24 ‘‘(6) Nothing in this subsection shall be construed to 

25 prevent an alien having nonimmigrant status described in 


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1 section 101(a)(15)(H)(ii)(c) from filing an application for 

2 adjustment of status under this section in accordance with 

3 any other provision of law.’’. 

4 SEC. 409. REQUIREMENTS FOR PARTICIPATING COUN5 TRIES. 

6 (a) IN GENERAL.—The Secretary of State, in co7 operation with the Secretary and the Attorney General, 

8 shall negotiate with each home country of aliens described 

9 in section 101(a)(15)(H)(ii)(c) of the Immigration and 

10 Nationality Act, as added by section 402, to enter into 

11 a bilateral agreement with the United States that con12 forms to the requirements under subsection (b). 

13 (b) REQUIREMENTS OF BILATERAL AGREEMENTS.— 

14 Each agreement negotiated under subsection (a) shall re15 quire the participating home country to— 

16 (1) accept the return of nationals who are or17 dered removed from the United States within 3 days 

18 of such removal; 

19 (2) cooperate with the United States Govern20 ment to— 

21 (A) identify, track, and reduce gang mem22 bership, violence, and human trafficking and 

23 smuggling; and 

24 (B) control illegal immigration; 


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1 (3) provide the United States Government 

2 with— 

3 (A) passport information and criminal 

4 records of aliens who are seeking admission to, 

5 or are present in, the United States; and 

6 (B) admission and entry data to facilitate 

7 United States entry-exit data systems; and 

8 (4) educate nationals of the home country re9 garding United States temporary worker programs 

10 to ensure that such nationals are not exploited; and 

11 (5) evaluate means to provide housing incen12 tives in the alien’s home country for returning work13 ers. 

14 SEC. 410. S VISAS. 

15 (a) EXPANSION OF S VISA CLASSIFICATION.—Sec16 tion 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is amend17 ed— 

18 (1) in clause (i)— 

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

20 place that term appears and inserting ‘‘Sec21 retary of Homeland Security’’; 

22 (B) in subclause (I), by inserting before 

23 the semicolon, ‘‘, including a criminal enterprise 

24 undertaken by a foreign government, its agents, 

25 representatives, or officials’’; 


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1 (C) in subclause (III), by inserting ‘‘where 

2 the information concerns a criminal enterprise 

3 undertaken by an individual or organization 

4 that is not a foreign government, its agents, 

5 representatives, or officials,’’ before ‘‘whose’’; 

6 and 

7 (D) by striking ‘‘or’’ at the end; and 

8 (2) in clause (ii)— 

9 (A) by striking ‘‘Attorney General’’ and in10 serting ‘‘Secretary of Homeland Security’’; and 

11 (B) by striking ‘‘1956,’’ and all that fol12 lows through ‘‘the alien;’’ and inserting the fol13 lowing: ‘‘1956; or 

14 ‘‘(iii) who the Secretary of Homeland Se15 curity and the Secretary of State, in consulta16 tion with the Director of Central Intelligence, 

17 jointly determine— 

18 ‘‘(I) is in possession of critical reliable 

19 information concerning the activities of 

20 governments or organizations, or their 

21 agents, representatives, or officials, with 

22 respect to weapons of mass destruction 

23 and related delivery systems, if such gov24 ernments or organizations are at risk of 


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1 developing, selling, or transferring such 

2 weapons or related delivery systems; and 

3 ‘‘(II) is willing to supply or has sup4 plied, fully and in good faith, information 

5 described in subclause (I) to appropriate 

6 persons within the United States Govern7 ment; 

8 ‘‘and, if the Secretary of Homeland Security (or 

9 with respect to clause (ii), the Secretary of State 

10 and the Secretary of Homeland Security jointly) 

11 considers it to be appropriate, the spouse, married 

12 and unmarried sons and daughters, and parents of 

13 an alien described in clause (i), (ii), or (iii) if accom14 panying, or following to join, the alien;’’. 

15 (b) NUMERICAL LIMITATION.—Section 214(k)(1) (8 

16 U.S.C. 1184(k)(1)) is amended by striking ‘‘The number 

17 of aliens’’ and all that follows through the period and in18 serting the following: ‘‘The number of aliens who may be 

19 provided a visa as nonimmigrants under section 

20 101(a)(15)(S) in any fiscal year may not exceed 1,000.’’. 

21 (c) REPORTS.— 

22 (1) CONTENT.—Paragraph (4) of section 

23 214(k) (8 U.S.C. 1184(k)) is amended— 

24 (A) in the matter preceding subparagraph 

25 (A)— 


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1 (i) by striking ‘‘The Attorney Gen2 eral’’ and inserting ‘‘The Secretary of 

3 Homeland Security’’; and 

4 (ii) by striking ‘‘concerning—’’ and 

5 inserting ‘‘that includes—’’; 

6 (B) in subparagraph (D), by striking 

7 ‘‘and’’; 

8 (C) in subparagraph (E), by striking the 

9 period at the end and inserting ‘‘; and’’; and 

10 (D) by inserting at the end the following: 

11 ‘‘(F) in the event that the total number of such 

12 nonimmigrants admitted is fewer than 25 percent of 

13 the total number provided for under paragraph (1) 

14 of this subsection— 

15 ‘‘(i) the reasons why the number of such 

16 nonimmigrants admitted is fewer than 25 per17 cent of that provided for by law; 

18 ‘‘(ii) the efforts made by the Secretary of 

19 Homeland Security to admit such non20 immigrants; and 

21 ‘‘(iii) any extenuating circumstances that 

22 contributed to the admission of a number of 

23 such nonimmigrants that is fewer than 25 per24 cent of that provided for by law.’’. 


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1 (2) FORM OF REPORT.—Section 214(k) (8 

2 U.S.C. 1184(k)) is amended by adding at the end 

3 the following new paragraph: 

4 ‘‘(5) To the extent required by law and if it is 

5 in the interests of national security or the security 

6 of such nonimmigrants that are admitted, as deter7 mined by the Secretary of Homeland Security, the 

8 information contained in a report described in para9 graph (4) may be classified, and the Secretary of 

10 Homeland Security shall, to the extent feasible, sub11 mit a non-classified version of the report to the 

12 Committee on the Judiciary of the House of Rep13 resentatives and the Committee on the Judiciary of 

14 the Senate.’’. 

15 SEC. 411. L VISA LIMITATIONS. 

16 Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amend17 ed— 

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

19 it appears and inserting ‘‘Secretary of Homeland Se20 curity’’; 

21 (2) in subparagraph (E), by striking ‘‘In the 

22 case’’ and inserting ‘‘Except as provided in subpara23 graph (H), in the case’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(G)(i) If the beneficiary of a petition under 

2 this subsection is coming to the United States to 

3 open, or be employed in, a new facility, the petition 

4 may be approved for a period not to exceed 12 

5 months only if the employer operating the new facil6 ity has— 

7 ‘‘(I) a business plan; 

8 ‘‘(II) sufficient physical premises to carry 

9 out the proposed business activities; and 

10 ‘‘(III) the financial ability to commence 

11 doing business immediately upon the approval 

12 of the petition. 

13 ‘‘(ii) An extension of the approval period under 

14 clause (i) may not be granted until the importing 

15 employer submits to the Secretary of Homeland Se16 curity— 

17 ‘‘(I) evidence that the importing employer 

18 meets the requirements of this subsection; 

19 ‘‘(II) evidence that the beneficiary meets 

20 the requirements of section 101(a)(15)(L); 

21 ‘‘(III) a statement summarizing the origi22 nal petition; 

23 ‘‘(IV) evidence that the importing employer 

24 has fully complied with the business plan sub25 mitted under clause (i); 


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1 ‘‘(V) evidence of the truthfulness of any 

2 representations made in connection with the fil3 ing of the original petition; 

4 ‘‘(VI) evidence that the importing em5 ployer, during the previous 12 months, has been 

6 doing business at the new facility through reg7 ular, systematic, and continuous provision of 

8 goods or services, or has otherwise been taking 

9 commercially reasonable steps to establish the 

10 new facility as a commercial enterprise; 

11 ‘‘(VII) a statement of the duties the bene12 ficiary has performed at the new facility during 

13 the previous 12 months and the duties the ben14 eficiary will perform at the new facility during 

15 the extension period approved under this clause; 

16 ‘‘(VIII) a statement describing the staffing 

17 at the new facility, including the number of em18 ployees and the types of positions held by such 

19 employees; 

20 ‘‘(IX) evidence of wages paid to employees 

21 if the beneficiary will be employed in a manage22 rial or executive capacity; 

23 ‘‘(X) evidence of the financial status of the 

24 new facility; and 


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1 ‘‘(XI) any other evidence or data pre2 scribed by the Secretary. 

3 ‘‘(iii) Notwithstanding subclauses (I) through 

4 (VI) of clause (ii) and subject to the maximum pe5 riod of authorized admission set forth in subpara6 graph (D), the Secretary of Homeland Security may 

7 approve a subsequently filed petition on behalf of the 

8 beneficiary to continue employment at the facility 

9 described in this subsection for a period beyond the 

10 initially granted 12-month period if the importing 

11 employer demonstrates that the failure to satisfy any 

12 of the requirements described in those subclauses 

13 was directly caused by extraordinary circumstances 

14 beyond the control of the importing employer. 

15 ‘‘(H)(i) The Secretary of Homeland Security 

16 may not authorize the spouse of an alien described 

17 under section 101(a)(15)(L), who is a dependent of 

18 a beneficiary under subparagraph (G), to engage in 

19 employment in the United States during the initial 

20 9-month period described in subparagraph (G)(i). 

21 ‘‘(ii) A spouse described in clause (i) may be 

22 provided employment authorization upon the ap23 proval of an extension under subparagraph (G)(ii). 

24 ‘‘(I) For purposes of determining the eligibility 

25 of an alien for classification under Section 


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1 101(a)(15)(L) of this Act, the Secretary of Home2 land Security shall establish a program to work co3 operatively with the Department of State to verify a 

4 company or facility’s existence in the United States 

5 and abroad.’’. 

6 SEC. 412. COMPLIANCE INVESTIGATORS. 

7 The Secretary of Labor shall, subject to the avail8 ability of appropriations for such purpose, annually in9 crease, by not less than 2,000, the number of positions 

10 for compliance investigators dedicated to enforcing compli11 ance with this title, and the amendments made by this 

12 title. 

13 SEC. 413. VISA WAIVER PROGRAM EXPANSION. 

14 Section 217(c) (8 U.S.C. 1187(c)) is amended by 

15 adding at the end the following: 

16 ‘‘(8) PROBATIONARY ADMISSION.— 

17 ‘‘(A) DEFINITION OF MATERIAL SUP18 PORT.—In this paragraph, the term ‘material 

19 support’ means the current provision of the 

20 equivalent of, but not less than, a battalion 

21 (which consists of 300 to 1,000 military per22 sonnel) to Operation Iraqi Freedom or Oper23 ation Enduring Freedom to provide training, 

24 logistical or tactical support, or a military pres25 ence. 


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1 ‘‘(B) DESIGNATION AS A PROGRAM COUN2 TRY.—Notwithstanding any other provision of 

3 this section, a country may be designated as a 

4 program country, on a probationary basis, 

5 under this section if— 

6 ‘‘(i) the country is a member of the 

7 European Union; 

8 ‘‘(ii) the country is providing material 

9 support to the United States or the multi10 lateral forces in Afghanistan or Iraq, as 

11 determined by the Secretary of Defense, in 

12 consultation with the Secretary of State; 

13 and 

14 ‘‘(iii) the Secretary of Homeland Se15 curity, in consultation with the Secretary 

16 of State, determines that participation of 

17 the country in the visa waiver program 

18 under this section does not compromise the 

19 law enforcement interests of the United 

20 States. 

21 ‘‘(C) REFUSAL RATES; OVERSTAY

22 RATES.—The determination under subpara23 graph (B)(iii) shall only take into account any 

24 refusal rates or overstay rates after the expiraVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tion of the first full year of the country’s admis2 sion into the European Union. 

3 ‘‘(D) FULL COMPLIANCE.—Not later than 

4 2 years after the date of a country’s designation 

5 under subparagraph (B), the country— 

6 ‘‘(i) shall be in full compliance with all 

7 applicable requirements for program coun8 try status under this section; or 

9 ‘‘(ii) shall have its program country 

10 designation terminated. 

11 ‘‘(E) EXTENSIONS.—The Secretary of 

12 State may extend, for a period not to exceed 2 

13 years, the probationary designation granted 

14 under subparagraph (B) if the country— 

15 ‘‘(i) is making significant progress to16 wards coming into full compliance with all 

17 applicable requirements for program coun18 try status under this section; 

19 ‘‘(ii) is likely to achieve full compli20 ance before the end of such 2-year period; 

21 and 

22 ‘‘(iii) continues to be an ally of the 

23 United States against terrorist states, or24 ganizations, and individuals, as determined 


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1 by the Secretary of Defense, in consulta2 tion with the Secretary of State.’’. 

3 SEC. 414. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the Sec5 retary such sums as may be necessary to carry out this 

6 subtitle and the amendments made by this subtitle for the 

7 first fiscal year beginning before the date of enactment 

8 of this Act and each of the subsequent fiscal years begin9 ning not more than 7 years after the effective date of the 

10 regulations promulgated by the Secretary to implement 

11 this subtitle. 

12 Subtitle B—Immigration Injunction 

13 Reform 

14 SEC. 421. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Fairness in Immi16 gration Litigation Act of 2007’’. 

17 SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION 

18 LEGISLATION. 

19 (a) REQUIREMENTS FOR AN ORDER GRANTING PRO20 SPECTIVE RELIEF AGAINST THE GOVERNMENT.— 

21 (1) IN GENERAL.—If a court determines that 

22 prospective relief should be ordered against the Gov23 ernment in any civil action pertaining to the admin24 istration or enforcement of the immigration laws of 

25 the United States, the court shall— 


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1 (A) limit the relief to the minimum nec2 essary to correct the violation of law; 

3 (B) adopt the least intrusive means to cor4 rect the violation of law; 

5 (C) minimize, to the greatest extent prac6 ticable, the adverse impact on national security, 

7 border security, immigration administration and 

8 enforcement, and public safety, and 

9 (D) provide for the expiration of the relief 

10 on a specific date, which is not later than the 

11 earliest date necessary for the Government to 

12 remedy the violation. 

13 (2) WRITTEN EXPLANATION.—The require14 ments described in subsection (1) shall be discussed 

15 and explained in writing in the order granting pro16 spective relief and must be sufficiently detailed to 

17 allow review by another court. 

18 (3) EXPIRATION OF PRELIMINARY INJUNCTIVE

19 RELIEF.—Preliminary injunctive relief shall auto20 matically expire on the date that is 90 days after the 

21 date on which such relief is entered, unless the 

22 court— 

23 (A) makes the findings required under 

24 paragraph (1) for the entry of permanent pro25 spective relief; and 


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1 (B) makes the order final before expiration 

2 of such 90-day period. 

3 (4) REQUIREMENTS FOR ORDER DENYING MO4 TION.—This subsection shall apply to any order de5 nying the Government’s motion to vacate, modify, 

6 dissolve or otherwise terminate an order granting 

7 prospective relief in any civil action pertaining to the 

8 administration or enforcement of the immigration 

9 laws of the United States. 

10 (b) PROCEDURE FOR MOTION AFFECTING ORDER

11 GRANTING PROSPECTIVE RELIEF AGAINST THE GOVERN12 MENT.— 

13 (1) IN GENERAL.—A court shall promptly rule 

14 on the Government’s motion to vacate, modify, dis15 solve or otherwise terminate an order granting pro16 spective relief in any civil action pertaining to the 

17 administration or enforcement of the immigration 

18 laws of the United States. 

19 (2) AUTOMATIC STAYS.— 

20 (A) IN GENERAL.—The Government’s mo21 tion to vacate, modify, dissolve, or otherwise 

22 terminate an order granting prospective relief 

23 made in any civil action pertaining to the ad24 ministration or enforcement of the immigration 

25 laws of the United States shall automatically, 


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1 and without further order of the court, stay the 

2 order granting prospective relief on the date 

3 that is 15 days after the date on which such 

4 motion is filed unless the court previously has 

5 granted or denied the Government’s motion. 

6 (B) DURATION OF AUTOMATIC STAY.—An 

7 automatic stay under subparagraph (A) shall 

8 continue until the court enters an order grant9 ing or denying the Government’s motion. 

10 (C) POSTPONEMENT.—The court, for good 

11 cause, may postpone an automatic stay under 

12 subparagraph (A) for not longer than 15 days. 

13 (D) ORDERS BLOCKING AUTOMATIC

14 STAYS.—Any order staying, suspending, delay15 ing, or otherwise barring the effective date of 

16 the automatic stay described in subparagraph 

17 (A), other than an order to postpone the effec18 tive date of the automatic stay for not longer 

19 than 15 days under subparagraph (C), shall 

20 be— 

21 (i) treated as an order refusing to va22 cate, modify, dissolve or otherwise termi23 nate an injunction; and 


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1 (ii) immediately appealable under sec2 tion 1292(a)(1) of title 28, United States 

3 Code. 

4 (c) SETTLEMENTS.— 

5 (1) CONSENT DECREES.—In any civil action 

6 pertaining to the administration or enforcement of 

7 the immigration laws of the United States, the court 

8 may not enter, approve, or continue a consent decree 

9 that does not comply with subsection (a). 

10 (2) PRIVATE SETTLEMENT AGREEMENTS.— 

11 Nothing in this section shall preclude parties from 

12 entering into a private settlement agreement that 

13 does not comply with subsection (a) if the terms of 

14 that agreement are not subject to court enforcement 

15 other than reinstatement of the civil proceedings 

16 that the agreement settled. 

17 (d) DEFINITIONS.—In this section: 

18 (1) CONSENT DECREE.—The term ‘‘consent de19 cree’’— 

20 (A) means any relief entered by the court 

21 that is based in whole or in part on the consent 

22 or acquiescence of the parties; and 

23 (B) does not include private settlements. 


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1 (2) GOOD CAUSE.—The term ‘‘good cause’’ 

2 does not include discovery or congestion of the 

3 court’s calendar. 

4 (3) GOVERNMENT.—The term ‘‘Government’’ 

5 means the United States, any Federal department or 

6 agency, or any Federal agent or official acting with7 in the scope of official duties. 

8 (4) PERMANENT RELIEF.—The term ‘‘perma9 nent relief’’ means relief issued in connection with a 

10 final decision of a court. 

11 (5) PRIVATE SETTLEMENT AGREEMENT.—The 

12 term ‘‘private settlement agreement’’ means an 

13 agreement entered into among the parties that is not 

14 subject to judicial enforcement other than the rein15 statement of the civil action that the agreement set16 tled. 

17 (6) PROSPECTIVE RELIEF.—The term ‘‘pro18 spective relief’’ means temporary, preliminary, or 

19 permanent relief other than compensatory monetary 

20 damages. 

21 (e) EXPEDITED PROCEEDINGS.—It shall be the duty 

22 of every court to advance on the docket and to expedite 

23 the disposition of any civil action or motion considered 

24 under this section. 


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1 SEC. 423. EFFECTIVE DATE. 

2 (a) IN GENERAL.—This subtitle shall apply with re3 spect to all orders granting prospective relief in any civil 

4 action pertaining to the administration or enforcement of 

5 the immigration laws of the United States, whether such 

6 relief was ordered before, on, or after the date of the en7 actment of this Act. 

8 (b) PENDING MOTIONS.—Every motion to vacate, 

9 modify, dissolve or otherwise terminate an order granting 

10 prospective relief in any such action, which motion is 

11 pending on the date of the enactment of this Act, shall 

12 be treated as if it had been filed on such date of enact13 ment. 

14 (c) AUTOMATIC STAY FOR PENDING MOTIONS.— 

15 (1) IN GENERAL.—An automatic stay with re16 spect to the prospective relief that is the subject of 

17 a motion described in subsection (b) shall take effect 

18 without further order of the court on the date which 

19 is 10 days after the date of the enactment of this 

20 Act if the motion— 

21 (A) was pending for 45 days as of the date 

22 of the enactment of this Act; and 

23 (B) is still pending on the date which is 10 

24 days after such date of enactment. 

25 (2) DURATION OF AUTOMATIC STAY.—An auto26 matic stay that takes effect under paragraph (1) 


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1 shall continue until the court enters an order grant2 ing or denying the Government’s motion under sec3 tion 422(b). There shall be no further postponement 

4 of the automatic stay with respect to any such pend5 ing motion under section 422(b)(2). Any order, stay6 ing, suspending, delaying or otherwise barring the 

7 effective date of this automatic stay with respect to 

8 pending motions described in subsection (b) shall be 

9 an order blocking an automatic stay subject to im10 mediate appeal under section 422(b)(2)(D). 

11 TITLE V—BACKLOG REDUCTION 

12 Subtitle A—Backlog Reduction 

13 SEC. 501. ELIMINATION OF EXISTING BACKLOGS. 

14 (a) FAMILY-SPONSORED IMMIGRANTS.—Section 

15 201(c) (8 U.S.C. 1151(c)) is amended to read as follows: 

16 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

17 IMMIGRANTS.—The worldwide level of family-sponsored 

18 immigrants under this subsection for a fiscal year is equal 

19 to the sum of— 

20 ‘‘(1) 480,000; 

21 ‘‘(2) the difference between the maximum num22 ber of visas authorized to be issued under this sub23 section during the previous fiscal year and the num24 ber of visas issued during the previous fiscal year; 

25 ‘‘(3) the difference between— 


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1 ‘‘(A) the maximum number of visas au2 thorized to be issued under this subsection dur3 ing fiscal years 2001 through 2005 minus the 

4 number of visas issued under this subsection 

5 during those fiscal years; and 

6 ‘‘(B) the number of visas calculated under 

7 subparagraph (A) that were issued after fiscal 

8 year 2005.’’. 

9 (b) EMPLOYMENT-BASED IMMIGRANTS.—Section 

10 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: 

11 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

12 IMMIGRANTS.— 

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

14 the worldwide level of employment-based immigrants 

15 under this subsection for a fiscal year is equal to the 

16 sum of— 

17 ‘‘(A)(i) 450,000, for each of the fiscal 

18 years 2008 through 2017; or 

19 ‘‘(ii) 290,000, for fiscal year 2018 and 

20 each subsequent fiscal year; 

21 ‘‘(B) the difference between the maximum 

22 number of visas authorized to be issued under 

23 this subsection during the previous fiscal year 

24 and the number of visas issued during the pre25 vious fiscal year; and 


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1 ‘‘(C) the difference between— 

2 ‘‘(i) the maximum number of visas au3 thorized to be issued under this subsection 

4 during fiscal years 2001 through 2005 and 

5 the number of visa numbers issued under 

6 this subsection during those fiscal years; 

7 and 

8 ‘‘(ii) the number of visas calculated 

9 under clause (i) that were issued after fis10 cal year 2005. 

11 ‘‘(2) VISAS FOR SPOUSES AND CHILDREN.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraph (B), immigrant visas issued on or 

14 after October 1, 2004, to spouses and children 

15 of employment-based immigrants shall not be 

16 counted against the numerical limitation set 

17 forth in paragraph (1). 

18 ‘‘(B) NUMERICAL LIMITATION.—The total 

19 number of visas issued under paragraph (1)(A) 

20 and paragraph (2), excluding such visas issued 

21 to aliens pursuant to section 245B or section 

22 245C of the Immigration and Nationality Act, 

23 may not exceed 650,000 during any fiscal year. 

24 ‘‘(C) CONSTRUCTION.—Nothing in this 

25 paragraph may be construed to modify the reVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 quirement set out in 245B(a)(1)(I) or 

2 245C(i)(2)(A) that prohibit an alien from re3 ceiving an adjustment of status to that of a 

4 legal permanent resident prior to the consider5 ation of all applications filed under section 201, 

6 202, or 203 before the date of enactment of 

7 section 245B and 245C.’’. 

8 SEC. 502. COUNTRY LIMITS. 

9 Section 202(a) (8 U.S.C. 1152(a)) is amended by 

10 striking ‘‘7 percent (in the case of a single foreign state) 

11 or 2 percent’’ and inserting ‘‘10 percent (in the case of 

12 a single foreign state) or 5 percent’’. 

13 SEC. 503. ALLOCATION OF IMMIGRANT VISAS. 

14 (a) PREFERENCE ALLOCATION FOR FAMILY-SPON15 SORED IMMIGRANTS.—Section 203(a) (8 U.S.C. 1153(a)) 

16 is amended to read as follows: 

17 ‘‘(a) PREFERENCE ALLOCATIONS FOR FAMILY-SPON18 SORED IMMIGRANTS.—Aliens subject to the worldwide 

19 level specified in section 201(c) for family-sponsored immi20 grants shall be allocated visas as follows: 

21 ‘‘(1) UNMARRIED SONS AND DAUGHTERS OF

22 CITIZENS.—Qualified immigrants who are the un23 married sons or daughters of citizens of the United 

24 States shall be allocated visas in a quantity not to 

25 exceed the sum of— 


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1 ‘‘(A) 10 percent of such worldwide level; 

2 and 

3 ‘‘(B) any visas not required for the class 

4 specified in paragraph (4). 

5 ‘‘(2) SPOUSES AND UNMARRIED SONS AND

6 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

7 ‘‘(A) IN GENERAL.—Visas in a quantity 

8 not to exceed 50 percent of such worldwide level 

9 plus any visas not required for the class speci10 fied in paragraph (1) shall be allocated to quali11 fied immigrants who are— 

12 ‘‘(i) the spouses or children of an 

13 alien lawfully admitted for permanent resi14 dence; or 

15 ‘‘(ii) the unmarried sons or daughters 

16 of an alien lawfully admitted for perma17 nent residence. 

18 ‘‘(B) MINIMUM PERCENTAGE.—Visas allo19 cated to individuals described in subparagraph 

20 (A)(i) shall constitute not less than 77 percent 

21 of the visas allocated under this paragraph. 

22 ‘‘(3) MARRIED SONS AND DAUGHTERS OF CITI23 ZENS.—Qualified immigrants who are the married 

24 sons and daughters of citizens of the United States 


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1 shall be allocated visas in a quantity not to exceed 

2 the sum of— 

3 ‘‘(A) 10 percent of such worldwide level; 

4 and 

5 ‘‘(B) any visas not required for the classes 

6 specified in paragraphs (1) and (2). 

7 ‘‘(4) BROTHERS AND SISTERS OF CITIZENS.— 

8 Qualified immigrants who are the brothers or sisters 

9 of a citizen of the United States who is at least 21 

10 years of age shall be allocated visas in a quantity 

11 not to exceed 30 percent of the worldwide level.’’. 

12 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT13 BASED IMMIGRANTS.—Section 203(b) (8 U.S.C. 1153(b)) 

14 is amended— 

15 (1) in paragraph (1), by striking ‘‘28.6 per16 cent’’ and inserting ‘‘15 percent’’; 

17 (2) in paragraph (2)(A), by striking ‘‘28.6 per18 cent’’ and inserting ‘‘15 percent’’; 

19 (3) in paragraph (3)(A)— 

20 (A) by striking ‘‘28.6 percent’’ and insert21 ing ‘‘35 percent’’; and 

22 (B) by striking clause (iii); 

23 (4) by striking paragraph (4); 

24 (5) by redesignating paragraph (5) as para25 graph (4); 


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1 (6) in paragraph (4)(A), as redesignated, by 

2 striking ‘‘7.1 percent’’ and inserting ‘‘5 percent’’; 

3 (7) by inserting after paragraph (4), as redesig4 nated, the following: 

5 ‘‘(5) OTHER WORKERS.— 

6 ‘‘(A) IN GENERAL.—Visas shall be made 

7 available, in a number not to exceed 30 percent 

8 of such worldwide level, plus any visa numbers 

9 not required for the classes specified in para10 graphs (1) through (4), to qualified immigrants 

11 who are capable, at the time of petitioning for 

12 classification under this paragraph, of per13 forming unskilled labor that is not of a tem14 porary or seasonal nature, for which qualified 

15 workers are determined to be unavailable in the 

16 United States. 

17 ‘‘(B) PRIORITY IN ALLOCATING VISAS.—In 

18 allocating visas under subparagraph (A) for 

19 each of the fiscal years 2007 through 2017, the 

20 Secretary shall reserve 30 percent of such visas 

21 for qualified immigrants who were physically 

22 present in the United States before January 7, 

23 2004.’’; and 

24 (8) by striking paragraph (6). 


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1 (c) SPECIAL IMMIGRANTS NOT SUBJECT TO NUMER2 ICAL LIMITATIONS.—Section 201(b)(1)(A) (8 U.S.C. 

3 1151(b)(1)(A)) is amended by striking ‘‘subparagraph (A) 

4 or (B) of’’. 

5 (d) CONFORMING AMENDMENTS.— 

6 (1) DEFINITION OF SPECIAL IMMIGRANT.—Sec7 tion 101(a)(27)(M) (8 U.S.C. 1101(a)(27)(M)) is 

8 amended by striking ‘‘subject to the numerical limi9 tations of section 203(b)(4),’’. 

10 (2) REPEAL OF TEMPORARY REDUCTION IN

11 WORKERS’ VISAS.—Section 203(e) of the Nicaraguan 

12 Adjustment and Central American Relief Act (Public 

13 Law 105–100; 8 U.S.C. 1153 note) is repealed. 

14 SEC. 504. RELIEF FOR MINOR CHILDREN AND WIDOWS. 

15 (a) IN GENERAL.—Section 201(b)(2) (8 U.S.C. 

16 1151(b)(2)) is amended to read as follows: 

17 ‘‘(2)(A)(i) Aliens admitted under section 211(a) 

18 on the basis of a prior issuance of a visa under sec19 tion 203(a) to their accompanying parent who is an 

20 immediate relative. 

21 ‘‘(ii) In this subparagraph, the term ‘immediate 

22 relative’ means a child, spouse, or parent of a citizen 

23 of the United States (and each child of such child, 

24 spouse, or parent who is accompanying or following 

25 to join the child, spouse, or parent), except that, in 


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1 the case of parents, such citizens shall be at least 21 

2 years of age. 

3 ‘‘(iii) An alien who was the spouse of a citizen 

4 of the United States for not less than 2 years at the 

5 time of the citizen’s death or, if married for less 

6 than 2 years at the time of the citizen’s death, 

7 proves by a preponderance of the evidence that the 

8 marriage was entered into in good faith and not 

9 solely for the purpose of obtaining an immigration 

10 benefit and was not legally separated from the cit11 izen at the time of the citizen’s death, and each child 

12 of such alien, shall be considered, for purposes of 

13 this subsection, to remain an immediate relative 

14 after the date of the citizen’s death if the spouse 

15 files a petition under section 204(a)(1)(A)(ii) before 

16 the earlier of— 

17 ‘‘(I) 2 years after such date; or 

18 ‘‘(II) the date on which the spouse remar19 ries. 

20 ‘‘(iv) In this clause, an alien who has filed a pe21 tition under clause (iii) or (iv) of section 

22 204(a)(1)(A) remains an immediate relative if the 

23 United States citizen spouse or parent loses United 

24 States citizenship on account of the abuse. 


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1 ‘‘(B) Aliens born to an alien lawfully admitted 

2 for permanent residence during a temporary visit 

3 abroad.’’. 

4 (b) PETITION.—Section 204(a)(1)(A)(ii) (8 U.S.C. 

5 1154(a)(1)(A)(ii)) is amended by striking ‘‘in the second 

6 sentence of section 201(b)(2)(A)(i) also’’ and inserting ‘‘in 

7 section 201(b)(2)(A)(iii) or an alien child or alien parent 

8 described in the 201(b)(2)(A)(iv)’’. 

9 SEC. 505. SHORTAGE OCCUPATIONS. 

10 (a) EXCEPTION TO DIRECT NUMERICAL LIMITA11 TIONS.—Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is 

12 amended by adding at the end the following new subpara13 graph: 

14 ‘‘(F)(i) During the period beginning on the 

15 date of the enactment the Comprehensive Immi16 gration Reform Act of 2007, and ending on 

17 September 30, 2017, an alien— 

18 ‘‘(I) who is otherwise described in sec19 tion 203(b); and 

20 ‘‘(II) who is seeking admission to the 

21 United States to perform labor in shortage 

22 occupations designated by the Secretary of 

23 Labor for blanket certification under sec24 tion 212(a)(5)(A) due to the lack of suffi25 cient United States workers able, willing, 


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1 qualified, and available for such occupa2 tions and for which the employment of 

3 aliens will not adversely affect the terms 

4 and conditions of similarly employed 

5 United States workers. 

6 ‘‘(ii) During the period described in clause 

7 (i), the spouse or dependents of an alien de8 scribed in clause (i), if accompanying or fol9 lowing to join such alien.’’. 

10 (b) EXCEPTION TO NONDISCRIMINATION REQUIRE11 MENTS.—Section 202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) 

12 is amended by striking ‘‘201(b)(2)(A)(i)’’ and inserting 

13 ‘‘201(b)’’. 

14 (c) EXCEPTION TO PER COUNTRY LEVELS FOR FAM15 ILY-SPONSORED AND EMPLOYMENT-BASED IMMI16 GRANTS.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)), as 

17 amended by section 502(1), is further amended by insert18 ing ‘‘, except for aliens described in section 201(b),’’ after 

19 ‘‘any fiscal year’’. 

20 (d) INCREASING THE DOMESTIC SUPPLY OF NURSES

21 AND PHYSICAL THERAPISTS.—Not later than January 1, 

22 2007, the Secretary of Health and Human Services 

23 shall— 


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1 (1) submit to Congress a report on the source 

2 of newly licensed nurses and physical therapists in 

3 each State, which report shall— 

4 (A) include the past 3 years for which data 

5 are available; 

6 (B) provide separate data for each occupa7 tion and for each State; 

8 (C) separately identify those receiving their 

9 initial license and those licensed by endorse10 ment from another State; 

11 (D) within those receiving their initial li12 cense in each year, identify the number who re13 ceived their professional education in the 

14 United States and those who received such edu15 cation outside the United States; and 

16 (E) to the extent possible, identify, by 

17 State of residence and country of education, the 

18 number of nurses and physical therapists who 

19 were educated in any of the 5 countries (other 

20 than the United States) from which the most 

21 nurses and physical therapists arrived; 

22 (F) identify the barriers to increasing the 

23 supply of nursing faculty, domestically trained 

24 nurses, and domestically trained physical thera25 pists; 


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1 (G) recommend strategies to be followed by 

2 Federal and State governments that would be 

3 effective in removing such barriers, including 

4 strategies that address barriers to advancement 

5 to become registered nurses for other health 

6 care workers, such as home health aides and 

7 nurses assistants; 

8 (H) recommend amendments to Federal 

9 legislation that would increase the supply of 

10 nursing faculty, domestically trained nurses, 

11 and domestically trained physical therapists; 

12 (I) recommend Federal grants, loans, and 

13 other incentives that would provide increases in 

14 nurse educators, nurse training facilities, and 

15 other steps to increase the domestic education 

16 of new nurses and physical therapists; 

17 (J) identify the effects of nurse emigration 

18 on the health care systems in their countries of 

19 origin; and 

20 (K) recommend amendments to Federal 

21 law that would minimize the effects of health 

22 care shortages in the countries of origin from 

23 which immigrant nurses arrived; 

24 (2) enter into a contract with the National 

25 Academy of Sciences Institute of Medicine to deterVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 mine the level of Federal investment under titles VII 

2 and VIII of the Public Health Service Act necessary 

3 to eliminate the domestic nursing and physical ther4 apist shortage not later than 7 years from the date 

5 on which the report is published; and 

6 (3) collaborate with other agencies, as appro7 priate, in working with ministers of health or other 

8 appropriate officials of the 5 countries from which 

9 the most nurses and physical therapists arrived, 

10 to— 

11 (A) address health worker shortages 

12 caused by emigration; 

13 (B) ensure that there is sufficient human 

14 resource planning or other technical assistance 

15 needed to reduce further health worker short16 ages in such countries. 

17 SEC. 506. RELIEF FOR WIDOWS AND ORPHANS. 

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

19 ‘‘Widows and Orphans Act of 2007’’. 

20 (b) NEW SPECIAL IMMIGRANT CATEGORY.— 

21 (1) CERTAIN CHILDREN AND WOMEN AT RISK

22 OF HARM.—Section 101(a)(27) (8 U.S.C. 

23 1101(a)(27)) is amended— 

24 (A) in subparagraph (L), by inserting a 

25 semicolon at the end; 


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1 (B) in subparagraph (M), by striking the 

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

3 (C) by adding at the end the following: 

4 ‘‘(N) subject to subsection (j), an immi5 grant who is not present in the United States— 

6 ‘‘(i) who is— 

7 ‘‘(I) referred to a consular, immi8 gration, or other designated official by 

9 a United States Government agency, 

10 an international organization, or rec11 ognized nongovernmental entity des12 ignated by the Secretary of State for 

13 purposes of such referrals; and 

14 ‘‘(II) determined by such official 

15 to be a minor under 18 years of age 

16 (as determined under subsection 

17 (j)(5))— 

18 ‘‘(aa) for whom no parent or 

19 legal guardian is able to provide 

20 adequate care; 

21 ‘‘(bb) who faces a credible 

22 fear of harm related to his or her 

23 age; 

24 ‘‘(cc) who lacks adequate 

25 protection from such harm; and 


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1 ‘‘(dd) for whom it has been 

2 determined to be in his or her 

3 best interests to be admitted to 

4 the United States; or 

5 ‘‘(ii) who is— 

6 ‘‘(I) referred to a consular or im7 migration official by a United States 

8 Government agency, an international 

9 organization or recognized nongovern10 mental entity designated by the Sec11 retary of State for purposes of such 

12 referrals; and 

13 ‘‘(II) determined by such official 

14 to be a female who has— 

15 ‘‘(aa) a credible fear of 

16 harm related to her sex; and 

17 ‘‘(bb) a lack of adequate 

18 protection from such harm.’’. 

19 (2) STATUTORY CONSTRUCTION.—Section 101 

20 (8 U.S.C. 1101) is amended by adding at the end 

21 the following: 

22 ‘‘(j)(1) No natural parent or prior adoptive parent 

23 of any alien provided special immigrant status under sub24 section (a)(27)(N)(i) shall thereafter, by virtue of such 


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1 parentage, be accorded any right, privilege, or status 

2 under this Act. 

3 ‘‘(2)(A) No alien who qualifies for a special immi4 grant visa under subsection (a)(27)(N)(ii) may apply for 

5 derivative status or petition for any spouse who is rep6 resented by the alien as missing, deceased, or the source 

7 of harm at the time of the alien’s application and admis8 sion. The Secretary of Homeland Security may waive this 

9 requirement for an alien who demonstrates that the alien’s 

10 representations regarding the spouse were bona fide. 

11 ‘‘(B) An alien who qualifies for a special immigrant 

12 visa under subsection (a)(27)(N) may apply for derivative 

13 status or petition for any sibling under the age of 18 years 

14 or children under the age of 18 years of any such alien, 

15 if accompanying or following to join the alien. For pur16 poses of this subparagraph, a determination of age shall 

17 be made using the age of the alien on the date the petition 

18 is filed with the Department of Homeland Security. 

19 ‘‘(3) An alien who qualifies for a special immigrant 

20 visa under subsection (a)(27)(N) shall be treated in the 

21 same manner as a refugee solely for purposes of section 

22 412. 

23 ‘‘(4) The provisions of paragraphs (4), (5), and 

24 (7)(A) of section 212(a) shall not be applicable to any 

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1 section (a)(27)(N), and the Secretary of Homeland Secu2 rity may waive any other provision of such section (other 

3 than paragraph 2(C) or subparagraph (A), (B), (C), or 

4 (E) of paragraph (3)) with respect to such an alien for 

5 humanitarian purposes, to assure family unity, or when 

6 it is otherwise in the public interest. Any such waiver by 

7 the Secretary of Homeland Security shall be in writing 

8 and shall be granted only on an individual basis following 

9 an investigation. The Secretary of Homeland Security 

10 shall provide for the annual reporting to Congress of the 

11 number of waivers granted under this paragraph in the 

12 previous fiscal year and a summary of the reasons for 

13 granting such waivers. 

14 ‘‘(5) For purposes of subsection (a)(27)(N)(i)(II), a 

15 determination of age shall be made using the age of the 

16 alien on the date on which the alien was referred to the 

17 consular, immigration, or other designated official. 

18 ‘‘(6) The Secretary of Homeland Security shall waive 

19 any application fee for a special immigrant visa for an 

20 alien described in section 101(a)(27)(N).’’. 

21 (3) EXPEDITED PROCESS.—Not later than 45 

22 days after the date of referral to a consular, immi23 gration, or other designated official (as described in 

24 section 101(a)(27)(N) of the Immigration and Na25 tionality Act, as added by paragraph (1))— 


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1 (A) special immigrant status shall be adju2 dicated; and 

3 (B) if special immigrant status is granted, 

4 the alien shall be paroled to the United States 

5 pursuant to section 212(d)(5) of that Act (8 

6 U.S.C. 1182(d)(5)) and allowed to apply for ad7 justment of status to permanent residence 

8 under section 245 of that Act (8 U.S.C. 1255) 

9 within 1 year after the alien’s arrival in the 

10 United States. 

11 (4) REPORT TO CONGRESS.—Not later than 1 

12 year after the date of the enactment of this Act, the 

13 Secretary shall submit a report to the Committee on 

14 the Judiciary of the Senate and the Committee on 

15 the Judiciary of the House of Representatives on the 

16 progress of the implementation of this section and 

17 the amendments made by this section, including— 

18 (A) data related to the implementation of 

19 this section and the amendments made by this 

20 section; 

21 (B) data regarding the number of place22 ments of females and children who faces a cred23 ible fear of harm as referred to in section 

24 101(a)(27)(N) of the Immigration and Nation25 ality Act, as added by paragraph (1); and 


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1 (C) any other information that the Sec2 retary considers appropriate. 

3 (5) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this subsection and 

6 the amendments made by this subsection. 

7 (c) REQUIREMENTS FOR ALIENS.— 

8 (1) REQUIREMENT PRIOR TO ENTRY INTO THE

9 UNITED STATES.— 

10 (A) DATABASE SEARCH.—An alien may 

11 not be admitted to the United States unless the 

12 Secretary has ensured that a search of each 

13 database maintained by an agency or depart14 ment of the United States has been conducted 

15 to determine whether such alien is ineligible to 

16 be admitted to the United States on criminal, 

17 security, or related grounds. 

18 (B) COOPERATION AND SCHEDULE.—The 

19 Secretary and the head of each appropriate 

20 agency or department of the United States shall 

21 work cooperatively to ensure that each database 

22 search required by subparagraph (A) is com23 pleted not later than 45 days after the date on 

24 which an alien files a petition seeking a special 

25 immigration visa under section 101(a)(27)(N) 


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1 of the Immigration and Nationality Act, as 

2 added by subsection (b)(1). 

3 (2) REQUIREMENT AFTER ENTRY INTO THE

4 UNITED STATES.— 

5 (A) REQUIREMENT TO SUBMIT FINGER6 PRINTS.— 

7 (i) IN GENERAL.—Not later than 30 

8 days after the date that an alien enters the 

9 United States, the alien shall be 

10 fingerprinted and submit to the Secretary 

11 such fingerprints and any other personal 

12 biometric data required by the Secretary. 

13 (ii) OTHER REQUIREMENTS.—The 

14 Secretary may prescribe regulations that 

15 permit fingerprints submitted by an alien 

16 under section 262 of the Immigration and 

17 Nationality Act (8 U.S.C. 1302) or any 

18 other provision of law to satisfy the re19 quirement to submit fingerprints of clause 

20 (i). 

21 (B) DATABASE SEARCH.—The Secretary 

22 shall ensure that a search of each database that 

23 contains fingerprints that is maintained by an 

24 agency or department of the United States be 

25 conducted to determine whether such alien is 


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1 ineligible for an adjustment of status under any 

2 provision of the Immigration and Nationality 

3 Act (8 U.S.C. 1101 et seq.) on criminal, secu4 rity, or related grounds. 

5 (C) COOPERATION AND SCHEDULE.—The 

6 Secretary and the head of each appropriate 

7 agency or department of the United States shall 

8 work cooperatively to ensure that each database 

9 search required by subparagraph (B) is com10 pleted not later than 180 days after the date on 

11 which the alien enters the United States. 

12 (D) ADMINISTRATIVE AND JUDICIAL RE13 VIEW.— 

14 (i) IN GENERAL.—There may be no 

15 review of a determination by the Secretary, 

16 after a search required by subparagraph 

17 (B), that an alien is ineligible for an ad18 justment of status, under any provision of 

19 the Immigration and Nationality Act (8 

20 U.S.C. 1101 et seq.) on criminal, security, 

21 or related grounds except as provided in 

22 this subparagraph. 

23 (ii) ADMINISTRATIVE REVIEW.—An 

24 alien may appeal a determination described 

25 in clause (i) through the Administrative 


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1 Appeals Office of the Bureau of Citizen2 ship and Immigration Services. The Sec3 retary shall ensure that a determination on 

4 such appeal is made not later than 60 days 

5 after the date that the appeal is filed. 

6 (iii) JUDICIAL REVIEW.—There may 

7 be no judicial review of a determination de8 scribed in clause (i). 

9 SEC. 507. STUDENT VISAS. 

10 (a) IN GENERAL.—Section 101(a)(15)(F) (8 U.S.C. 

11 1101(a)(15)(F)) is amended— 

12 (1) in clause (i)— 

13 (A) by striking ‘‘he has no intention of 

14 abandoning, who is’’ and inserting the fol15 lowing: ‘‘except in the case of an alien described 

16 in clause (iv), the alien has no intention of 

17 abandoning, who is— 

18 ‘‘(I)’’; 

19 (B) by striking ‘‘consistent with section 

20 214(l)’’ and inserting ‘‘(except for a graduate 

21 program described in clause (iv)) consistent 

22 with section 214(m)’’; 

23 (C) by striking the comma at the end and 

24 inserting the following: ‘‘; or 


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1 ‘‘(II) engaged in temporary employment 

2 for optional practical training related to the 

3 alien’s area of study, which practical training 

4 shall be authorized for a period or periods of up 

5 to 24 months;’’; 

6 (2) in clause (ii)— 

7 (A) by inserting ‘‘or (iv)’’ after ‘‘clause 

8 (i)’’; and 

9 (B) by striking ‘‘, and’’ and inserting a 

10 semicolon; and 

11 (3) by adding at the end the following: 

12 ‘‘(iv) an alien described in clause (i) 

13 who has been accepted and plans to attend 

14 an accredited graduate program in mathe15 matics, engineering, technology, or the 

16 sciences in the United States for the pur17 pose of obtaining an advanced degree; and 

18 ‘‘(v) an alien who maintains actual 

19 residence and place of abode in the alien’s 

20 country of nationality, who is described in 

21 clause (i), except that the alien’s actual 

22 course of study may involve a distance 

23 learning program, for which the alien is 

24 temporarily visiting the United States for 

25 a period not to exceed 30 days.’’. 


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1 (b) CREATION OF J–STEM VISA CATEGORY.—Sec2 tion 101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended 

3 to read as follows: 

4 ‘‘(J) an alien with a residence in a foreign 

5 country that (except in the case of an alien de6 scribed in clause (ii)) the alien has no intention 

7 of abandoning, who is a bona fide student, 

8 scholar, trainee, teacher, professor, research as9 sistant, specialist, or leader in a field of special10 ized knowledge or skill, or other person of simi11 lar description, and who— 

12 ‘‘(i) is coming temporarily to the 

13 United States as a participant in a pro14 gram (other than a graduate program de15 scribed in clause (ii)) designated by the 

16 Secretary of State, for the purpose of 

17 teaching, instructing or lecturing, studying, 

18 observing, conducting research, consulting, 

19 demonstrating special skills, or receiving 

20 training and who, if coming to the United 

21 States to participate in a program under 

22 which the alien will receive graduate med23 ical education or training, also meets the 

24 requirements of section 212(j), and the 

25 alien spouse and minor children of any 


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1 such alien if accompanying the alien or fol2 lowing to join the alien; or 

3 ‘‘(ii) has been accepted and plans to 

4 attend an accredited graduate program in 

5 the sciences, technology, engineering, or 

6 mathematics in the United States for the 

7 purpose of obtaining an advanced degree.’’. 

8 (c) ADMISSION OF NONIMMIGRANTS.—Section 

9 214(b) (8 U.S.C. 1184(b)) is amended by striking ‘‘sub10 paragraph (L) or (V)’’ and inserting ‘‘subparagraph 

11 (F)(iv), (J)(ii), (L), or (V)’’. 

12 (d) REQUIREMENTS FOR F–4 OR J–STEM VISA.— 

13 Section 214(m) (8 U.S.C. 1184(m)) is amended— 

14 (1) by inserting before paragraph (1) the fol15 lowing: 

16 ‘‘(e) NONIMMIGRANT ELEMENTARY, SECONDARY, 

17 AND POST-SECONDARY SCHOOL STUDENTS.—’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(3) A visa issued to an alien under subparagraph 

20 (F)(iv) or (J)(ii) of section 101(a)(15) shall be valid— 

21 ‘‘(A) during the intended period of study in a 

22 graduate program described in such section; 

23 ‘‘(B) for an additional period, not to exceed 1 

24 year after the completion of the graduate program, 

25 if the alien is actively pursuing an offer of employVerDate Aug 31 2005 21:51 May 10, 2007 Jkt 059200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 ment related to the knowledge and skills obtained 

2 through the graduate program; and 

3 ‘‘(C) for the additional period necessary for the 

4 adjudication of any application for labor certifi5 cation, employment-based immigrant petition, and 

6 application under section 245(a)(2) to adjust such 

7 alien’s status to that of an alien lawfully admitted 

8 for permanent residence, if such application for 

9 labor certification or employment-based immigrant 

10 petition has been filed not later than 1 year after 

11 the completion of the graduate program.’’. 

12 (e) WAIVER OF FOREIGN RESIDENCE REQUIRE13 MENT.—Section 212(e) (8 U.S.C. 1182(e)) is amended— 

14 (1) by inserting ‘‘(1)’’ before ‘‘No person’’; 

15 (2) by striking ‘‘admission (i) whose’’ and in16 serting the following: ‘‘admission— 

17 ‘‘(A) whose’’; 

18 (3) by striking ‘‘residence, (ii) who’’ and insert19 ing the following ‘‘residence; 

20 ‘‘(B) who’’; 

21 (4) by striking ‘‘engaged, or (iii) who’’ and in22 serting the following: ‘‘engaged; or 

23 ‘‘(C) who’’; 

24 (5) by striking ‘‘training, shall’’ and inserting 

25 the following: ‘‘training, 


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1 ‘‘shall’’; 

2 (6) by striking ‘‘United States: Provided, That 

3 upon’’ and inserting the following: ‘‘United States. 

4 ‘‘(2) Upon’’;’’ 

5 (7) by striking ‘‘section 214(l): And provided 

6 further, That, except’’ and inserting the following: 

7 ‘‘section 214(l); 

8 ‘‘(3) Except’’; and 

9 (8) by adding at the end the following: 

10 ‘‘(4) An alien who has been issued a visa or otherwise 

11 provided nonimmigrant status under section 

12 101(a)(15)(J)(ii), or who would have qualified for such 

13 nonimmigrant status if section 101(a)(15)(J)(ii) had been 

14 enacted before the completion of such alien’s graduate 

15 studies, shall not be subject to the 2-year foreign residency 

16 requirement under this subsection.’’ 

17 (f) OFF CAMPUS WORK AUTHORIZATION FOR FOR18 EIGN STUDENTS.— 

19 (1) IN GENERAL.—Aliens admitted as non20 immigrant students described in section 

21 101(a)(15)(F) of the Immigration and Nationality 

22 Act (8 U.S.C. 1101(a)(15)(F)) may be employed in 

23 an off-campus position unrelated to the alien’s field 

24 of study if— 


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1 (A) the alien has enrolled full-time at the 

2 educational institution and is maintaining good 

3 academic standing; 

4 (B) the employer provides the educational 

5 institution and the Secretary of Labor with an 

6 attestation that the employer— 

7 (i) has spent at least 21 days recruit8 ing United States citizens to fill the posi9 tion; and 

10 (ii) will pay the alien and other simi11 larly situated workers at a rate equal to 

12 not less than the greater of— 

13 (I) the actual wage level for the 

14 occupation at the place of employ15 ment; or 

16 (II) the prevailing wage level for 

17 the occupation in the area of employ18 ment; and 

19 (C) the alien will not be employed more 

20 than— 

21 (i) 20 hours per week during the aca22 demic term; or 

23 (ii) 40 hours per week during vacation 

24 periods and between academic terms. 


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1 (2) DISQUALIFICATION.—If the Secretary of 

2 Labor determines that an employer has provided an 

3 attestation under paragraph (1)(B) that is materi4 ally false or has failed to pay wages in accordance 

5 with the attestation, the employer, after notice and 

6 opportunity for a hearing, shall be disqualified from 

7 employing an alien student under paragraph (1). 

8 (g) ADJUSTMENT OF STATUS.—Section 245(a) (8 

9 U.S.C. 1255(a)) is amended to read as follows: 

10 ‘‘(a) AUTHORIZATION.— 

11 ‘‘(1) IN GENERAL.—The status of an alien, who 

12 was inspected and admitted or paroled into the 

13 United States, or who has an approved petition for 

14 classification under subparagraph (A)(iii), (A)(iv), 

15 (B)(ii), or (B)(iii) of section 204(a)(1), may be ad16 justed by the Secretary of Homeland Security or the 

17 Attorney General, under such regulations as the Sec18 retary or the Attorney General may prescribe, to 

19 that of an alien lawfully admitted for permanent res20 idence if— 

21 ‘‘(A) the alien makes an application for 

22 such adjustment; 

23 ‘‘(B) the alien is eligible to receive an im24 migrant visa; 


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1 ‘‘(C) the alien is admissible to the United 

2 States for permanent residence; and 

3 ‘‘(D) an immigrant visa is immediately 

4 available to the alien at the time the application 

5 is filed. 

6 ‘‘(2) STUDENT VISAS.—Notwithstanding the re7 quirement under paragraph (1)(D), an alien may file 

8 an application for adjustment of status under this 

9 section if— 

10 ‘‘(A) the alien has been issued a visa or 

11 otherwise provided nonimmigrant status under 

12 subparagraph (J)(ii) or (F)(iv) of section 

13 101(a)(15), or would have qualified for such 

14 nonimmigrant status if subparagraph (J)(ii) or 

15 (F)(iv) of section 101(a)(15) had been enacted 

16 before the completion of such alien’s graduate 

17 studies; 

18 ‘‘(B) the alien has earned an advanced de19 gree in the sciences, technology, engineering, or 

20 mathematics; 

21 ‘‘(C) the alien is the beneficiary of a peti22 tion filed under subparagraph (E) or (F) of sec23 tion 204(a)(1); and 

24 ‘‘(D) a fee of $2,000 is remitted to the 

25 Secretary on behalf of the alien. 


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1 ‘‘(3) LIMITATION.—An application for adjust2 ment of status filed under this section may not be 

3 approved until an immigrant visa number becomes 

4 available. 

5 ‘‘(4) FILING IN CASES OF UNAVAILABLE VISA

6 NUMBERS.—Subject to the limitation described in 

7 paragraph (3), if a supplemental petition fee is paid 

8 for a petition under subparagraph (E) or (F) of sec9 tion 204(a)(1), an application under paragraph (1) 

10 on behalf of an alien that is a beneficiary of the peti11 tion (including a spouse or child who is accom12 panying or following to join the beneficiary) may be 

13 filed without regard to the requirement under para14 graph (1)(D). 

15 ‘‘(5) PENDING APPLICATIONS.—Subject to the 

16 limitation described in paragraph (3), if a petition 

17 under subparagraph (E) or (F) of section 204(a)(1) 

18 is pending or approved as of the date of enactment 

19 of this paragraph, on payment of the supplemental 

20 petition fee under that section, the alien that is the 

21 beneficiary of the petition may submit an application 

22 for adjustment of status under this subsection with23 out regard to the requirement under paragraph 

24 (1)(D). 


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1 ‘‘(6) EMPLOYMENT AUTHORIZATIONS AND AD2 VANCED PAROLE TRAVEL DOCUMENTATION.—The 

3 Attorney General shall— 

4 ‘‘(A) provide to any immigrant who has 

5 submitted an application for adjustment of sta6 tus under this subsection not less than 3 incre7 ments, the duration of each of which shall be 

8 not less than 3 years, for any applicable em9 ployment authorization or advanced parole trav10 el document of the immigrant; and 

11 ‘‘(B) adjust each applicable fee payment 

12 schedule in accordance with the increments pro13 vided under subparagraph (A) so that 1 fee for 

14 each authorization or document is required for 

15 each 3-year increment.’’ 

16 (h) USE OF FEES.— 

17 (1) JOB TRAINING; SCHOLARSHIPS.—Section 

18 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by in19 serting ‘‘and 80 percent of the fees collected under 

20 section 245(a)(2)(D)’’ before the period at the end. 

21 (2) FRAUD PREVENTION AND DETECTION.— 

22 Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended 

23 by inserting ‘‘and 20 percent of the fees collected 

24 under section 245(a)(2)(D)’’ before the period at the 

25 end. 


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1 SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DE2 GREES. 

3 (a) ALIENS WITH CERTAIN ADVANCED DEGREES

4 NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOY5 MENT BASED IMMIGRANTS.— 

6 (1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 

7 1151(b)(1)), as amended by section 505, is amended 

8 by adding at the end the following: 

9 ‘‘(G) Aliens who have earned an advanced 

10 degree in science, technology, engineering, or 

11 math and have been working in a related field 

12 in the United States under a nonimmigrant visa 

13 during the 3-year period preceding their appli14 cation for an immigrant visa under section 

15 203(b). 

16 ‘‘(H) Aliens described in subparagraph (A) 

17 or (B) of section 203(b)(1)(A) or who have re18 ceived a national interest waiver under section 

19 203(b)(2)(B). 

20 ‘‘(I) The spouse and minor children of an 

21 alien who is admitted as an employment-based 

22 immigrant under section 203(b).’’. 

23 (2) APPLICABILITY.—The amendment made by 

24 paragraph (1) shall apply to any visa application— 

25 (A) pending on the date of the enactment 

26 of this Act; or 


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1 (B) filed on or after such date of enact2 ment. 

3 (b) LABOR CERTIFICATION.—Section 

4 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amend5 ed— 

6 (1) in subclause (I), by striking ‘‘or’’ at the 

7 end; 

8 (2) in subclause (II), by striking the period at 

9 the end and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(III) has an advanced degree in 

12 the sciences, technology, engineering, 

13 or mathematics from an accredited 

14 university in the United States and is 

15 employed in a field related to such de16 gree.’’. 

17 (c) TEMPORARY WORKERS.—Section 214(g) (8 

18 U.S.C. 1184(g)) is amended— 

19 (1) in paragraph (1)— 

20 (A) by striking ‘‘(beginning with fiscal year 

21 1992)’’; and 

22 (B) in subparagraph (A)— 

23 (i) in clause (vii), by striking ‘‘each 

24 succeeding fiscal year; or’’ and inserting 


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1 ‘‘each of fiscal years 2004, 2005, 2006, 

2 and 2007;’’; and 

3 (ii) by adding after clause (vii) the 

4 following: 

5 ‘‘(viii) 115,000 in the first fiscal year 

6 beginning after the date of the enactment 

7 of this clause; and 

8 ‘‘(ix) the number calculated under 

9 paragraph (9) in each fiscal year after the 

10 year described in clause (viii); or’’; 

11 (2) in paragraph (5)— 

12 (A) in subparagraph (B), by striking ‘‘or’’ 

13 at the end; 

14 (B) in subparagraph (C), by striking the 

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

16 (C) by adding at the end the following: 

17 ‘‘(D) has earned an advanced degree in 

18 science, technology, engineering, or math.’’; 

19 (3) by redesignating paragraphs (9), (10), and 

20 (11) as paragraphs (10), (11), and (12), respec21 tively; and 

22 (4) by inserting after paragraph (8) the fol23 lowing: 

24 ‘‘(9) If the numerical limitation in paragraph 

25 (1)(A)— 


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1 ‘‘(A) is reached during a given fiscal year, 

2 the numerical limitation under paragraph 

3 (1)(A)(ix) for the subsequent fiscal year shall 

4 be equal to 120 percent of the numerical limita5 tion of the given fiscal year; or 

6 ‘‘(B) is not reached during a given fiscal 

7 year, the numerical limitation under paragraph 

8 (1)(A)(ix) for the subsequent fiscal year shall 

9 be equal to the numerical limitation of the given 

10 fiscal year.’’. 

11 (d) APPLICABILITY.—The amendment made by sub12 section (c)(2) shall apply to any visa application— 

13 (1) pending on the date of the enactment of 

14 this Act; or 

15 (2) filed on or after such date of enactment. 

16 (e) WORLDWIDE LEVEL OF IMMIGRANTS WITH AD17 VANCED DEGREES.—Section 201 (8 U.S.C. 1151) is 

18 amended— 

19 (1) in subsection (a)(3), by inserting ‘‘and im20 migrants with advanced degrees’’ after ‘‘diversity 

21 immigrants’’; and 

22 (2) by amending subsection (e) to read as fol23 lows: 

24 ‘‘(e) WORLDWIDE LEVEL OF DIVERSITY IMMIGRANTS

25 AND IMMIGRANTS WITH ADVANCED DEGREES.— 


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1 ‘‘(1) DIVERSITY IMMIGRANTS.—The worldwide 

2 level of diversity immigrants described in section 

3 203(c)(1) is equal to 18,333 for each fiscal year. 

4 ‘‘(2) IMMIGRANTS WITH ADVANCED DE5 GREES.—The worldwide level of immigrants with ad6 vanced degrees described in section 203(c)(2) is 

7 equal to 36,667 for each fiscal year.’’. 

8 (f) IMMIGRANTS WITH ADVANCED DEGREES.—Sec9 tion 203 (8 U.S.C. 1153(c)) is amended— 

10 (1) in subsection (c)— 

11 (A) in paragraph (1), by striking ‘‘para12 graph (2), aliens subject to the worldwide level 

13 specified in section 201(e)’’ and inserting 

14 ‘‘paragraphs (2) and (3), aliens subject to the 

15 worldwide level specified in section 201(e)(1)’’; 

16 (B) by redesignating paragraphs (2) and 

17 (3) as paragraphs (3) and (4), respectively; 

18 (C) by inserting after paragraph (1) the 

19 following: 

20 ‘‘(2) ALIENS WHO HOLD AN ADVANCED DEGREE

21 IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGI22 NEERING.— 

23 ‘‘(A) IN GENERAL.—Qualified immigrants 

24 who hold a master’s or doctorate degree in the 

25 life sciences, the physical sciences, mathematics, 


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1 technology, or engineering from an accredited 

2 university in the United States, or an equiva3 lent foreign degree, shall be allotted visas each 

4 fiscal year in a number not to exceed the world5 wide level specified in section 201(e)(2). 

6 ‘‘(B) ECONOMIC CONSIDERATIONS.—Be7 ginning on the date which is 1 year after the 

8 date of the enactment of this paragraph, the 

9 Secretary of State, in consultation with the Sec10 retary of Commerce and the Secretary of 

11 Labor, and after notice and public hearing, 

12 shall determine which of the degrees described 

13 in subparagraph (A) will provide immigrants 

14 with the knowledge and skills that are most 

15 needed to meet anticipated workforce needs and 

16 protect the economic security of the United 

17 States.’’; 

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

19 striking ‘‘this subsection’’ each place it appears 

20 and inserting ‘‘paragraph (1)’’; and 

21 (E) by amending paragraph (4), as redes22 ignated, to read as follows: 

23 ‘‘(4) MAINTENANCE OF INFORMATION.— 

24 ‘‘(A) DIVERSITY IMMIGRANTS.—The Sec25 retary of State shall maintain information on 


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1 the age, occupation, education level, and other 

2 relevant characteristics of immigrants issued 

3 visas under paragraph (1). 

4 ‘‘(B) IMMIGRANTS WITH ADVANCED DE5 GREES.—The Secretary of State shall maintain 

6 information on the age, degree (including field 

7 of study), occupation, work experience, and 

8 other relevant characteristics of immigrants 

9 issued visas under paragraph (2).’’; and 

10 (2) in subsection (e)— 

11 (A) in paragraph (2), by striking ‘‘(c)’’ and 

12 inserting ‘‘(c)(1)’’; 

13 (B) by redesignating paragraph (3) as 

14 paragraph (4); and 

15 (C) by inserting after paragraph (2) the 

16 following: 

17 ‘‘(3) Immigrant visas made available under sub18 section (c)(2) shall be issued as follows: 

19 ‘‘(A) If the Secretary of State has not made a 

20 determination under subsection (c)(2)(B), immigrant 

21 visas shall be issued in a strictly random order es22 tablished by the Secretary for the fiscal year in23 volved. 

24 ‘‘(B) If the Secretary of State has made a de25 termination under subsection (c)(2)(B) and the 


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1 number of eligible qualified immigrants who have a 

2 degree selected under such subsection and apply for 

3 an immigrant visa described in subsection (c)(2) is 

4 greater than the worldwide level specified in section 

5 201(e)(2), the Secretary shall issue immigrant visas 

6 only to such immigrants and in a strictly random 

7 order established by the Secretary for the fiscal year 

8 involved. 

9 ‘‘(C) If the Secretary of State has made a de10 termination under subsection (c)(2)(B) and the 

11 number of eligible qualified immigrants who have de12 grees selected under such subsection and apply for 

13 an immigrant visa described in subsection (c)(2) is 

14 not greater than the worldwide level specified in sec15 tion 201(e)(2), the Secretary shall— 

16 ‘‘(i) issue immigrant visas to eligible quali17 fied immigrants with degrees selected in sub18 section (c)(2)(B); and 

19 ‘‘(ii) issue any immigrant visas remaining 

20 thereafter to other eligible qualified immigrants 

21 with degrees described in subsection (c)(2)(A) 

22 in a strictly random order established by the 

23 Secretary for the fiscal year involved.’’. 


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1 (g) EFFECTIVE DATE.—The amendments made by 

2 subsections (e) and (f) shall take effect on October 1, 

3 2007. 

4 SEC. 509. CHILDREN OF FILIPINO WORLD WAR II VET5 ERANS. 

6 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 

7 by sections 505 and 508, is further amended by adding 

8 at the end the following: 

9 ‘‘(J) Aliens who are eligible for a visa under 

10 paragraph (1) or (3) of section 203(a) and are the 

11 children of a citizen of the United States who was 

12 naturalized pursuant to section 405 of the Immigra13 tion Act of 1990 (8 U.S.C. 1440 note).’’. 

14 SEC. 510. EXPEDITED ADJUDICATION OF EMPLOYER PETI15 TIONS FOR ALIENS OF EXTRAORDINARY AR16 TISTIC ABILITY. 

17 Section 214(c) (8 U.S.C. 1184(c)) is amended— 

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

19 it appears and inserting ‘‘Secretary of Homeland Se20 curity’’; and 

21 (2) in paragraph (6)(D)— 

22 (A) by Striking ‘‘Any person’’ and insert23 ing ‘‘(i) Except as provided in clause (ii), any 

24 person’’; and 

25 (B) adding at the end the following: 


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1 ‘‘(ii) The Secretary of Homeland Security shall 

2 adjudicate each petition for an alien with extraor3 dinary ability in the arts (as described in section 

4 101(a)(15)(O)(i)), an alien accompanying such an 

5 alien (as described in clauses (ii) and (iii) of section 

6 101(a)(15)(O)), or an alien described in section 

7 101(a)(15)(P) not later than 30 days after— 

8 ‘‘(I) the date on which the petitioner sub9 mits the petition with a written advisory opin10 ion, letter of no objection, or request for a waiv11 er; or 

12 ‘‘(II) the date on which the 15-day period 

13 described in clause (i) has expired, if the peti14 tioner has had an opportunity, as appropriate, 

15 to supply rebuttal evidence. 

16 ‘‘(iii) If a petition described in clause (ii) is not 

17 adjudicated before the end of the 30-day period de18 scribed in clause (ii) and the petitioner is a qualified 

19 nonprofit organization or an individual or entity pe20 titioning primarily on behalf of a qualified nonprofit 

21 organization, the Secretary of Homeland Security 

22 shall provide the petitioner with the premium-proc23 essing services referred to in section 286(u), without 

24 a fee.’’. 


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1 SEC. 511. POWERLINE WORKERS. 

2 Section 214(e) (8 U.S.C. 1184(e)) is amended by 

3 adding at the end the following new paragraph: 

4 ‘‘(7) A citizen of Canada who is a powerline 

5 worker, who has received significant training, and 

6 who seeks admission to the United States to perform 

7 powerline repair and maintenance services shall be 

8 admitted in the same manner and under the same 

9 authority as a citizen of Canada described in para10 graph (2).’’. 

11 SEC. 512. DETERMINATIONS WITH RESPECT TO CHILDREN 

12 UNDER THE HAITIAN REFUGEE IMMIGRA13 TION FAIRNESS ACT OF 1998. 

14 (a) IN GENERAL.—Section 902(d) of the Haitian 

15 Refugee Immigration Fairness Act of 1998 (8 U.S.C. 

16 1255 note) is amended by adding at the end the following: 

17 ‘‘(3) DETERMINATIONS WITH RESPECT TO

18 CHILDREN.— 

19 ‘‘(A) USE OF APPLICATION FILING

20 DATE.—Determinations made under this sub21 section as to whether an individual is a child of 

22 a parent shall be made using the age and status 

23 of the individual on October 21, 1998. 

24 ‘‘(B) APPLICATION SUBMISSION BY PAR25 ENT.—Notwithstanding paragraph (1)(C), an 

26 application under this subsection filed based on 


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1 status as a child may be filed for the benefit of 

2 such child by a parent or guardian of the child, 

3 if the child is physically present in the United 

4 States on such filing date.’’. 

5 (b) NEW APPLICATIONS AND MOTIONS TO RE6 OPEN.— 

7 (1) NEW APPLICATIONS.—Notwithstanding sec8 tion 902(a)(1)(A) of the Haitian Refugee Immigra9 tion Fairness Act of 1998, an alien who is eligible 

10 for adjustment of status under such Act, as amend11 ed by subsection (a), may submit an application for 

12 adjustment of status under such Act not later than 

13 the later of— 

14 (A) 2 years after the date of the enactment 

15 of this Act; or 

16 (B) 1 year after the date on which final 

17 regulations implementing this section, and the 

18 amendment made by subsection (a), are pro19 mulgated. 

20 (2) MOTIONS TO REOPEN.—The Secretary shall 

21 establish procedures for the reopening and reconsid22 eration of applications for adjustment of status 

23 under the Haitian Refugee Immigration Fairness 

24 Act of 1998 that are affected by the amendment 

25 made by subsection (a). 


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1 (3) RELATIONSHIP OF APPLICATION TO CER2 TAIN ORDERS.—Section 902(a)(3) of the Haitian 

3 Refugee Immigration Fairness Act of 1998 shall 

4 apply to an alien present in the United States who 

5 has been ordered excluded, deported, removed, or or6 dered to depart voluntarily, and who files an applica7 tion under paragraph (1) or a motion under para8 graph (2), in the same manner as such section 

9 902(a)(3) applied to aliens filing applications for ad10 justment of status under such Act prior to April 1, 

11 2000. 

12 (c) INADMISSIBILITY DETERMINATION.—Section 902 

13 of the Haitian Refugee Immigration Fairness Act of 1998 

14 (8 U.S.C. 1255 note) is amended in subsections (a)(1)(B) 

15 and (d)(1)(D) by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 

16 Subtitle B—SKIL Act of 2007 

17 SEC. 521. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘Securing Knowl19 edge, Innovation, and Leadership Act of 2007’’ or the 

20 ‘‘SKIL Act of 2007’’ 

21 SEC. 522. H–1B VISA HOLDERS. 

22 (a) IN GENERAL.—Section 214(g)(5) (8 U.S.C. 

23 1184(g)(5)) is amended— 

24 (1) in subparagraph (B)— 


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1 (A) by striking ‘‘nonprofit research’’ and 

2 inserting ‘‘nonprofit’’; 

3 (B) by inserting ‘‘Federal, State, or local’’ 

4 before ‘‘governmental’’; and 

5 (C) by striking ‘‘or’’ at the end; 

6 (2) in subparagraph (C)— 

7 (A) by striking ‘‘a United States institu8 tion of higher education (as defined in section 

9 101(a) of the Higher Education Act of 1965 

10 (20 U.S.C. 1001(a))),’’ and inserting ‘‘an insti11 tution of higher education in a foreign coun12 try,’’; and 

13 (B) by striking the period at the end and 

14 inserting a semicolon; 

15 (3) by adding at the end, the following new sub16 paragraphs: 

17 ‘‘(D) has earned a master’s or higher degree 

18 from a United States institution of higher education 

19 (as defined in section 101(a) of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1001(a))); 

21 ‘‘(E) has been awarded medical specialty certifi22 cation based on post-doctoral training and experi23 ence in the United States; or’’. 

24 (b) APPLICABILITY.—The amendments made by sub25 section (a) shall apply to any petition or visa application 


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1 pending on the date of enactment of this Act and any peti2 tion or visa application filed on or after such date. 

3 SEC. 523. MARKET-BASED VISA LIMITS. 

4 Section 214(g) (8 U.S.C. 1184(g)) is amended— 

5 (1) in paragraph (1)— 

6 (A) in the matter preceding subparagraph 

7 (A), by striking ‘‘(beginning with fiscal year 

8 1992)’’; and 

9 (B) in subparagraph (A)— 

10 (i) in clause (vi) by striking ‘‘and’’; 

11 (ii) in clause (vii), by striking ‘‘each 

12 succeeding fiscal year; or’’ and inserting 

13 ‘‘each of fiscal years 2004, 2005, 2006, 

14 and 2007;’’; and 

15 (iii) by adding after clause (vii) the 

16 following: 

17 ‘‘(viii) 115,000 in the first fiscal year 

18 beginning after the date of the enactment 

19 of the SKIL Act of 2007; and 

20 ‘‘(ix) the number calculated under 

21 paragraph (9) in each fiscal year after the 

22 year described in clause (viii); or’’; 

23 (2) in paragraph (8), by striking subparagraphs 

24 (B)(iv) and (D); 


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1 (3) by redesignating paragraphs (9), (10), and 

2 (11) as paragraphs (10), (11), and (12), respec3 tively; and 

4 (4) by inserting after paragraph (8) the fol5 lowing: 

6 ‘‘(9) If the numerical limitation in paragraph 

7 (1)(A)— 

8 ‘‘(A) is reached during a given fiscal year, 

9 the numerical limitation under paragraph 

10 (1)(A)(ix) for the subsequent fiscal year shall 

11 be equal to 120 percent of the numerical limita12 tion of the given fiscal year; or 

13 ‘‘(B) is not reached during a given fiscal 

14 year, the numerical limitation under paragraph 

15 (1)(A)(ix) for the subsequent fiscal year shall 

16 be equal to the numerical limitation of the given 

17 fiscal year.’’. 

18 SEC. 524. UNITED STATES EDUCATED IMMIGRANTS. 

19 (a) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 

20 1151(b)(1)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(F) Aliens who have earned a master’s or 

23 higher degree from an accredited United States 

24 university. 


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1 ‘‘(G) Aliens who have been awarded med2 ical specialty certification based on post-doc3 toral training and experience in the United 

4 States preceding their application for an immi5 grant visa under section 203(b). 

6 ‘‘(H) Aliens who will perform labor in 

7 shortage occupations designated by the Sec8 retary of Labor for blanket certification under 

9 section 212(a)(5)(A) as lacking sufficient 

10 United States workers able, willing, qualified, 

11 and available for such occupations and for 

12 which the employment of aliens will not ad13 versely affect the terms and conditions of simi14 larly employed United States workers. 

15 ‘‘(I) Aliens who have earned a master’s de16 gree or higher in science, technology, engineer17 ing, or math and have been working in a re18 lated field in the United States in a non19 immigrant status during the 3-year period pre20 ceding their application for an immigrant visa 

21 under section 203(b). 

22 ‘‘(J) Aliens described in subparagraph (A) 

23 or (B) of section 203(b)(1) or who have re24 ceived a national interest waiver under section 

25 203(b)(2)(B). 


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1 ‘‘(K) The spouse and minor children of an 

2 alien who is admitted as an employment-based 

3 immigrant under section 203(b).’’. 

4 (b) LABOR CERTIFICATIONS.—Section 

5 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amend6 ed— 

7 (1) by striking ‘‘or’’ at the end of subclause (I); 

8 (2) by striking the period at the end of sub9 clause (II) and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(III) is a member of the profes12 sions and has a master’s degree or 

13 higher from an accredited United 

14 States university or has been awarded 

15 medical specialty certification based 

16 on post-doctoral training and experi17 ence in the United States.’’. 

18 SEC. 525. STUDENT VISA REFORM. 

19 (a) IN GENERAL.— 

20 (1) NONIMMIGRANT CLASSIFICATION.—Section 

21 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amend22 ed to read as follows: 

23 ‘‘(F) an alien— 

24 ‘‘(i) who— 


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1 ‘‘(I) is a bona fide student qualified to 

2 pursue a full course of study in mathe3 matics, engineering, technology, or the 

4 sciences leading to a bachelors or graduate 

5 degree and who seeks to enter the United 

6 States for the purpose of pursuing such a 

7 course of study consistent with section 

8 214(m) at an institution of higher edu9 cation (as defined by section 101(a) of the 

10 Higher Education Act of 1965 (20 U.S.C. 

11 1001(a))) in the United States, particu12 larly designated by the alien and approved 

13 by the Secretary of Homeland Security, 

14 after consultation with the Secretary of 

15 Education, which institution or place of 

16 study shall have agreed to report to the 

17 Secretary the termination of attendance of 

18 each nonimmigrant student, and if any 

19 such institution of learning or place of 

20 study fails to make reports promptly the 

21 approval shall be withdrawn; or 

22 ‘‘(II) is engaged in temporary employ23 ment for optional practical training related 

24 to such alien’s area of study following com25 pletion of the course of study described in 


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1 subclause (I) for a period or periods of not 

2 more than 24 months; 

3 ‘‘(ii) who— 

4 ‘‘(I) has a residence in a foreign coun5 try which the alien has no intention of 

6 abandoning, who is a bona fide student 

7 qualified to pursue a full course of study, 

8 and who seeks to enter the United States 

9 temporarily and solely for the purpose of 

10 pursuing such a course of study consistent 

11 with section 214(m) at an established col12 lege, university, seminary, conservatory, 

13 academic high school, elementary school, or 

14 other academic institution or in a language 

15 training program in the United States, 

16 particularly designated by the alien and 

17 approved by the Secretary of Homeland 

18 Security, after consultation with the Sec19 retary of Education, which institution or 

20 place of study shall have agreed to report 

21 to the Secretary the termination of attend22 ance of each nonimmigrant student, and if 

23 any such institution of learning or place of 

24 study fails to make reports promptly the 

25 approval shall be withdrawn; or 


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1 ‘‘(II) is engaged in temporary employ2 ment for optional practical training related 

3 to such alien’s area of study following com4 pletion of the course of study described in 

5 subclause (I) for a period or periods of not 

6 more than 24 months; 

7 ‘‘(iii) who is the spouse or minor child of 

8 an alien described in clause (i) or (ii) if accom9 panying or following to join such an alien; or 

10 ‘‘(iv) who— 

11 ‘‘(I) is a national of Canada or Mex12 ico, who maintains actual residence and 

13 place of abode in the country of nation14 ality, who is described in clause (i) or (ii) 

15 except that the alien’s qualifications for 

16 and actual course of study may be full or 

17 part-time, and who commutes to the 

18 United States institution or place of study 

19 from Canada or Mexico; or 

20 ‘‘(II) is engaged in temporary employ21 ment for optional practical training related 

22 to such the student’s area of study fol23 lowing completion of the course of study 

24 described in subclause (I) for a period or 

25 periods of not more than 24 months;’’. 


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1 (2) ADMISSION.—Section 214(b) (8 U.S.C. 

2 1184(b)) is amended by inserting ‘‘(F)(i),’’ before 

3 ‘‘(L) or (V)’’. 

4 (3) CONFORMING AMENDMENT.—Section 

5 214(m)(1) (8 U.S.C. 1184(m)(1)) is amended, in the 

6 matter preceding subparagraph (A), by striking ‘‘(i) 

7 or (iii)’’ and inserting ‘‘(i), (ii), or (iv)’’. 

8 (b) OFF CAMPUS WORK AUTHORIZATION FOR FOR9 EIGN STUDENTS.— 

10 (1) IN GENERAL.—Aliens admitted as non11 immigrant students described in section 

12 101(a)(15)(F), as amended by subsection (a), (8 

13 U.S.C. 1101(a)(15)(F)) may be employed in an off14 campus position unrelated to the alien’s field of 

15 study if— 

16 (A) the alien has enrolled full-time at the 

17 educational institution and is maintaining good 

18 academic standing; 

19 (B) the employer provides the educational 

20 institution and the Secretary of Labor with an 

21 attestation that the employer— 

22 (i) has spent at least 21 days recruit23 ing United States citizens to fill the posi24 tion; and 


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1 (ii) will pay the alien and other simi2 larly situated workers at a rate equal to 

3 not less than the greater of— 

4 (I) the actual wage level for the 

5 occupation at the place of employ6 ment; or 

7 (II) the prevailing wage level for 

8 the occupation in the area of employ9 ment; and 

10 (C) the alien will not be employed more 

11 than— 

12 (i) 20 hours per week during the aca13 demic term; or 

14 (ii) 40 hours per week during vacation 

15 periods and between academic terms. 

16 (2) DISQUALIFICATION.—If the Secretary of 

17 Labor determines that an employer has provided an 

18 attestation under paragraph (1)(B) that is materi19 ally false or has failed to pay wages in accordance 

20 with the attestation, the employer, after notice and 

21 opportunity for a hearing, shall be disqualified from 

22 employing an alien student under paragraph (1). 

23 SEC. 526. L–1 VISA HOLDERS SUBJECT TO VISA BACKLOG. 

24 Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended 

25 by adding at the end the following: 


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1 ‘‘(G) The limitations contained in subparagraph (D) 

2 with respect to the duration of authorized stay shall not 

3 apply to any nonimmigrant alien previously issued a visa 

4 or otherwise provided nonimmigrant status under section 

5 101(a)(15)(L) on whose behalf a petition under section 

6 204(b) to accord the alien immigrant status under section 

7 203(b), or an application for labor certification (if such 

8 certification is required for the alien to obtain status 

9 under such section 203(b)) has been filed, if 365 days or 

10 more have elapsed since such filing. The Secretary of 

11 Homeland Security shall extend the stay of an alien who 

12 qualifies for an exemption under this subparagraph until 

13 such time as a final decision is made on the alien’s lawful 

14 permanent residence.’’. 

15 SEC. 527. RETAINING WORKERS SUBJECT TO GREEN CARD 

16 BACKLOG. 

17 (a) ADJUSTMENT OF STATUS.— 

18 (1) IN GENERAL.—Section 245(a) (8 U.S.C. 

19 1255(a)) is amended to read as follows: 

20 ‘‘(a) ELIGIBILITY.— 

21 ‘‘(1) IN GENERAL.—The status of an alien who 

22 was inspected and admitted or paroled into the 

23 United States or the status of any other alien having 

24 an approved petition for classification under sub25 paragraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of secVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tion 204(a)(1) may be adjusted by the Secretary of 

2 Homeland Security or the Attorney General, in the 

3 discretion of the Secretary or the Attorney General 

4 under such regulations as the Secretary or Attorney 

5 General may prescribe, to that of an alien lawfully 

6 admitted for permanent residence if— 

7 ‘‘(A) the alien makes an application for 

8 such adjustment; 

9 ‘‘(B) the alien is eligible to receive an im10 migrant visa and is admissible to the United 

11 States for permanent residence; and 

12 ‘‘(C) an immigrant visa is immediately 

13 available to the alien at the time the application 

14 is filed. 

15 ‘‘(2) SUPPLEMENTAL FEE.—An application 

16 under paragraph (1) that is based on a petition ap17 proved or approvable under subparagraph (E) or (F) 

18 of section 204(a)(1) may be filed without regard to 

19 the limitation set forth in paragraph (1)(C) if a sup20 plemental fee of $500 is paid by the principal alien 

21 at the time the application is filed. A supplemental 

22 fee may not be required for any dependent alien ac23 companying or following to join the principal alien. 

24 ‘‘(3) VISA AVAILABILITY.—An application for 

25 adjustment filed under this paragraph may not be 


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1 approved until such time as an immigrant visa be2 come available.’’. 

3 (b) USE OF FEES.—Section 286(v)(1) (8 U.S.C. 

4 1356(v)(1)) is amended by inserting before the period at 

5 the end ‘‘and the fees collected under section 245(a)(2).’’. 

6 SEC. 528. STREAMLINING THE ADJUDICATION PROCESS 

7 FOR ESTABLISHED EMPLOYERS. 

8 Section 214(c) (8. U.S.C. 1184) is amended by add9 ing at the end the following: 

10 ‘‘(1) Not later than 180 days after the date of the 

11 enactment of the SKIL Act of 2007, the Secretary of 

12 Homeland Security shall establish a pre-certification pro13 cedure for employers who file multiple petitions described 

14 in this subsection or section 203(b). Such precertification 

15 procedure shall enable an employer to avoid repeatedly 

16 submitting documentation that is common to multiple pe17 titions and establish through a single filing criteria relat18 ing to the employer and the offered employment oppor19 tunity.’’. 

20 SEC. 529. PROVIDING PREMIUM PROCESSING OF EMPLOY21 MENT-BASED VISA PETITIONS. 

22 (a) IN GENERAL.—Pursuant to section 286(u) of the 

23 Immigration and Nationality Act (8 U.S.C. 1356(u)), the 

24 Secretary of Homeland Security shall establish and collect 


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1 a fee for premium processing of employment-based immi2 grant petitions. 

3 (b) APPEALS.—Pursuant to such section 286(u), the 

4 Secretary of Homeland Security shall establish and collect 

5 a fee for premium processing of an administrative appeal 

6 of any decision on a permanent employment-based immi7 grant petition. 

8 SEC. 530. ELIMINATING PROCEDURAL DELAYS IN LABOR 

9 CERTIFICATION PROCESS. 

10 (a) PREVAILING WAGE RATE.— 

11 (1) REQUIREMENT TO PROVIDE.—The Sec12 retary of Labor shall provide prevailing wage deter13 minations to employers seeking a labor certification 

14 for aliens pursuant to part 656 of title 20, Code of 

15 Federal Regulation (or any successor regulation). 

16 The Secretary of Labor may not delegate this func17 tion to any agency of a State. 

18 (2) SCHEDULE FOR DETERMINATION.—Except 

19 as provided in paragraph (3), the Secretary of Labor 

20 shall provide a response to an employer’s request for 

21 a prevailing wage determination in no more than 20 

22 calendar days from the date of receipt of such re23 quest. If the Secretary of Labor fails to reply during 

24 such 20-day period, then the wage proposed by the 

25 employer shall be the valid prevailing wage rate. 


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1 (3) USE OF SURVEYS.—The Secretary of Labor 

2 shall accept an alternative wage survey provided by 

3 the employer unless the Secretary of Labor deter4 mines that the wage component of the Occupational 

5 Employment Statistics Survey is more accurate for 

6 the occupation in the labor market area. 

7 (b) PLACEMENT OF JOB ORDER.—The Secretary of 

8 Labor shall maintain a website with links to the official 

9 website of each workforce agency of a State, and such offi10 cial website shall contain instructions on the filing of a 

11 job order in order to satisfy the job order requirements 

12 of section 656.17(e)(1) of title 20, Code of Federal Regu13 lation (or any successor regulation). 

14 (c) TECHNICAL CORRECTIONS.—The Secretary of 

15 Labor shall establish a process by which employers seeking 

16 certification under section 212(a)(5) of the Immigration 

17 and Nationality Act (8 U.S.C. 1182(a)(5)), as amended 

18 by section 524(b), may make technical corrections to ap19 plications in order to avoid requiring employers to conduct 

20 additional recruitment to correct an initial technical error. 

21 A technical error shall include any error that would not 

22 have a material effect on the validity of the employer’s 

23 recruitment of able, willing, and qualified United States 

24 workers. 


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1 (d) ADMINISTRATIVE APPEALS.—Motions to recon2 sider, and administrative appeals of, a denial of a perma3 nent labor certification application, shall be decided by the 

4 Secretary of Labor not later than 60 days after the date 

5 of the filing of such motion or such appeal. 

6 (e) APPLICATIONS UNDER PREVIOUS SYSTEM.—Not 

7 later than 180 days after the date of the enactment of 

8 this Act, the Secretary of Labor shall process and issue 

9 decisions on all applications for permanent alien labor cer10 tification that were filed prior to March 28, 2005. 

11 (f) EFFECTIVE DATE.—The provisions of this section 

12 shall take effect 90 days after the date of enactment of 

13 this Act, whether or not the Secretary of Labor has 

14 amended the regulations at part 656 of title 20, Code of 

15 Federal Regulation to implement such changes. 

16 SEC. 531. COMPLETION OF BACKGROUND AND SECURITY 

17 CHECKS. 

18 Section 103 (8 U.S.C. 1103) is amended by adding 

19 at the end the following: 

20 ‘‘(i) REQUIREMENT FOR BACKGROUND CHECKS.— 

21 Notwithstanding any other provision of law, until appro22 priate background and security checks, as determined by 

23 the Secretary of Homeland Security, have been completed, 

24 and the information provided to and assessed by the offi25 cial with jurisdiction to grant or issue the benefit or docuVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 mentation, on an in camera basis as may be necessary 

2 with respect to classified, law enforcement, or other infor3 mation that cannot be disclosed publicly, the Secretary of 

4 Homeland Security, the Attorney General, or any court 

5 may not— 

6 ‘‘(1) grant or order the grant of adjustment of 

7 status of an alien to that of an alien lawfully admit8 ted for permanent residence; 

9 ‘‘(2) grant or order the grant of any other sta10 tus, relief, protection from removal, or other benefit 

11 under the immigration laws; or 

12 ‘‘(3) issue any documentation evidencing or re13 lated to such grant by the Secretary, the Attorney 

14 General, or any court. 

15 ‘‘(j) REQUIREMENT TO RESOLVE FRAUD ALLEGA16 TIONS.—Notwithstanding any other provision of law, until 

17 any suspected or alleged fraud relating to the granting of 

18 any status (including the granting of adjustment of sta19 tus), relief, protection from removal, or other benefit 

20 under this Act has been investigated and resolved, the Sec21 retary of Homeland Security and the Attorney General 

22 may not be required to— 

23 ‘‘(1) grant or order the grant of adjustment of 

24 status of an alien to that of an alien lawfully admit25 ted for permanent residence; 


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1 ‘‘(2) grant or order the grant of any other sta2 tus, relief, protection from removal, or other benefit 

3 under the immigration laws; or 

4 ‘‘(3) issue any documentation evidencing or re5 lated to such grant by the Secretary, the Attorney 

6 General, or any court. 

7 ‘‘(k) PROHIBITION OF JUDICIAL ENFORCEMENT.— 

8 Notwithstanding any other provision of law, no court may 

9 require any act described in subsection (i) or (j) to be com10 pleted by a certain time or award any relief for the failure 

11 to complete such acts.’’. 

12 SEC. 532. VISA REVALIDATION. 

13 (a) IN GENERAL.—Section 222 (8 U.S.C. 1202) is 

14 amended by adding at the end the following: 

15 ‘‘(i) The Secretary of State shall permit an alien 

16 granted a nonimmigrant visa under subparagraph E, H, 

17 I, L, O, or P of section 101(a)(15) to apply for a renewal 

18 of such visa within the United States if— 

19 ‘‘(1) such visa expired during the 12-month pe20 riod ending on the date of such application; 

21 ‘‘(2) the alien is seeking a nonimmigrant visa 

22 under the same subparagraph under which the alien 

23 had previously received a visa; and 

24 ‘‘(3) the alien has complied with the immigra25 tion laws and regulations of the United States.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 222(h) of 

2 such Act is amended, in the matter preceding subpara3 graph (1), by inserting ‘‘and except as provided under sub4 section (i),’’ after ‘‘Act’’. 

5 Subtitle C—Preservation of Immi6 gration Benefits for Hurricane 

7 Katrina Victims 

8 SEC. 541. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Hurricane Katrina 

10 Victims Immigration Benefits Preservation Act’’. 

11 SEC. 542. DEFINITIONS. 

12 In this subtitle: 

13 (1) APPLICATION OF DEFINITIONS FROM THE

14 IMMIGRATION AND NATIONALITY ACT.—Except as 

15 otherwise specifically provided in this subtitle, the 

16 definitions in the Immigration and Nationality Act 

17 shall apply in the administration of this subtitle. 

18 (2) DIRECT RESULT OF A SPECIFIED HURRI19 CANE DISASTER.—The term ‘‘direct result of a spec20 ified hurricane disaster’’— 

21 (A) means physical damage, disruption of 

22 communications or transportation, forced or 

23 voluntary evacuation, business closures, or 

24 other circumstances directly caused by Hurri25 cane Katrina (on or after August 26, 2005) or 


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1 Hurricane Rita (on or after September 21, 

2 2005); and 

3 (B) does not include collateral or con4 sequential economic effects in or on the United 

5 States or global economies. 

6 SEC. 543. SPECIAL IMMIGRANT STATUS. 

7 (a) PROVISION OF STATUS.— 

8 (1) IN GENERAL.—For purposes of the Immi9 gration and Nationality Act (8 U.S.C. 1101 et seq.), 

10 the Secretary may provide an alien described in sub11 section (b) with the status of a special immigrant 

12 under section 101(a)(27) of such Act (8 U.S.C. 

13 1101(a)(27)), if the alien— 

14 (A) files with the Secretary a petition 

15 under section 204 of such Act (8 U.S.C. 1154) 

16 for classification under section 203(b)(4) of 

17 such Act (8 U.S.C. 1153(b)(4)); 

18 (B) is otherwise eligible to receive an im19 migrant visa; and 

20 (C) is otherwise admissible to the United 

21 States for permanent residence. 

22 (2) INAPPLICABLE PROVISION.—In determining 

23 admissibility under paragraph (1)(C), the grounds 

24 for inadmissibility specified in section 212(a)(4) of 

25 such Act (8 U.S.C. 1182(a)(4)) shall not apply. 


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1 (b) ALIENS DESCRIBED.— 

2 (1) PRINCIPAL ALIENS.—An alien is described 

3 in this subsection if— 

4 (A) the alien was the beneficiary of— 

5 (i) a petition that was filed with the 

6 Secretary on or before August 26, 2005— 

7 (I) under section 204 of the Im8 migration and Nationality Act (8 

9 U.S.C. 1154) to classify the alien as 

10 a family-sponsored immigrant under 

11 section 203(a) of such Act (8 U.S.C. 

12 1153(a)) or as an employment-based 

13 immigrant under section 203(b) of 

14 such Act (8 U.S.C. 1153(b)); or 

15 (II) under section 214(d) of such 

16 Act (8 U.S.C. 1184(d)) to authorize 

17 the issuance of a nonimmigrant visa 

18 to the alien under section 

19 101(a)(15)(K) of such Act (8 U.S.C. 

20 1101(a)(15)(K)); or 

21 (ii) an application for labor certifi22 cation under section 212(a)(5)(A) of such 

23 Act (8 U.S.C. 1182(a)(5)(A)) that was 

24 filed under regulations of the Secretary of 

25 Labor on or before such date; and 


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1 (B) such petition or application was re2 voked or terminated (or otherwise rendered 

3 null), before or after its approval, solely due 

4 to— 

5 (i) the death or disability of the peti6 tioner, applicant, or alien beneficiary as a 

7 direct result of a specified hurricane dis8 aster; or 

9 (ii) loss of employment as a direct re10 sult of a specified hurricane disaster. 

11 (2) SPOUSES AND CHILDREN.— 

12 (A) IN GENERAL.—An alien is described in 

13 this subsection if— 

14 (i) the alien, as of August 26, 2005, 

15 was the spouse or child of a principal alien 

16 described in paragraph (1); and 

17 (ii) the alien— 

18 (I) is accompanying such prin19 cipal alien; or 

20 (II) is following to join such prin21 cipal alien not later than August 26, 

22 2007. 

23 (B) CONSTRUCTION.—In construing the 

24 terms ‘‘accompanying’’ and ‘‘following to join’’ 

25 in subparagraph (A)(ii), the death of a prinVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 cipal alien described in paragraph (1)(B)(i) 

2 shall be disregarded. 

3 (3) GRANDPARENTS OR LEGAL GUARDIANS OF

4 ORPHANS.—An alien is described in this subsection 

5 if the alien is a grandparent or legal guardian of a 

6 child whose parents died as a direct result of a spec7 ified hurricane disaster, if either of the deceased 

8 parents was, as of August 26, 2005, a citizen or na9 tional of the United States or an alien lawfully ad10 mitted for permanent residence in the United States. 

11 (c) PRIORITY DATE.—Immigrant visas made avail12 able under this section shall be issued to aliens in the 

13 order in which a petition on behalf of each such alien is 

14 filed with the Secretary under subsection (a)(1), except 

15 that if an alien was assigned a priority date with respect 

16 to a petition described in subsection (b)(1)(A)(i), the alien 

17 may maintain that priority date. 

18 (d) NUMERICAL LIMITATIONS.—In applying sections 

19 201 through 203 of the Immigration and Nationality Act 

20 (8 U.S.C. 1151–1153) in any fiscal year, aliens eligible 

21 to be provided status under this section shall be treated 

22 as special immigrants who are not described in subpara23 graph (A), (B), (C), or (K) of section 101(a)(27) of such 

24 Act (8 U.S.C. 1101(a)(27)). 


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1 SEC. 544. EXTENSION OF FILING OR REENTRY DEADLINES. 

2 (a) AUTOMATIC EXTENSION OF NONIMMIGRANT STA3 TUS.— 

4 (1) IN GENERAL.—Notwithstanding section 214 

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

6 1184), an alien described in paragraph (2) who was 

7 lawfully present in the United States as a non8 immigrant on August 26, 2005, may, unless other9 wise determined by the Secretary in the Secretary’s 

10 discretion, lawfully remain in the United States in 

11 the same nonimmigrant status until the later of— 

12 (A) the date on which such lawful non13 immigrant status would have otherwise termi14 nated absent the enactment of this subsection; 

15 or 

16 (B) 1 year after the death or onset of dis17 ability described in paragraph (2). 

18 (2) ALIENS DESCRIBED.— 

19 (A) PRINCIPAL ALIENS.—An alien is de20 scribed in this paragraph if the alien was dis21 abled as a direct result of a specified hurricane 

22 disaster. 

23 (B) SPOUSES AND CHILDREN.—An alien is 

24 described in this paragraph if the alien, as of 

25 August 26, 2005, was the spouse or child of— 


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1 (i) a principal alien described in sub2 paragraph (A); or 

3 (ii) an alien who died as a direct re4 sult of a specified hurricane disaster. 

5 (3) AUTHORIZED EMPLOYMENT.—During the 

6 period in which a principal alien or alien spouse is 

7 in lawful nonimmigrant status under paragraph (1), 

8 the alien may be provided an ‘‘employment author9 ized’’ endorsement or other appropriate document 

10 signifying authorization of employment. 

11 (b) NEW DEADLINES FOR EXTENSION OR CHANGE

12 OF NONIMMIGRANT STATUS.— 

13 (1) FILING DELAYS.— 

14 (A) IN GENERAL.—If an alien, who was 

15 lawfully present in the United States as a non16 immigrant on August 26, 2005, was prevented 

17 from filing a timely application for an extension 

18 or change of nonimmigrant status as a direct 

19 result of a specified hurricane disaster, the 

20 alien’s application may be considered timely 

21 filed if it is filed not later 1 year after the ap22 plication would have otherwise been due. 

23 (B) CIRCUMSTANCES PREVENTING TIMELY

24 ACTION.—For purposes of subparagraph (A), 


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1 circumstances preventing an alien from timely 

2 acting are— 

3 (i) office closures; 

4 (ii) mail or courier service cessations 

5 or delays; 

6 (iii) other closures, cessations, or 

7 delays affecting case processing or travel 

8 necessary to satisfy legal requirements; 

9 (iv) mandatory evacuation and reloca10 tion; or 

11 (v) other circumstances, including 

12 medical problems or financial hardship. 

13 (2) DEPARTURE DELAYS.— 

14 (A) IN GENERAL.—If an alien, who was 

15 lawfully present in the United States as a non16 immigrant on August 26, 2005, is unable to 

17 timely depart the United States as a direct re18 sult of a specified hurricane disaster, the alien 

19 shall not be considered to have been unlawfully 

20 present in the United States during the period 

21 beginning on August 26, 2005, and ending on 

22 the date of the alien’s departure, if such depar23 ture occurred on or before February 28, 2006. 

24 (B) CIRCUMSTANCES PREVENTING TIMELY

25 ACTION.—For purposes of subparagraph (A), 


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1 circumstances preventing an alien from timely 

2 acting are— 

3 (i) office closures; 

4 (ii) transportation cessations or 

5 delays; 

6 (iii) other closures, cessations, or 

7 delays affecting case processing or travel 

8 necessary to satisfy legal requirements; 

9 (iv) mandatory evacuation and reloca10 tion; or 

11 (v) other circumstances, including 

12 medical problems or financial hardship. 

13 (c) DIVERSITY IMMIGRANTS.—Section 

14 204(a)(1)(I)(ii)(II) (8 U.S.C. 1154(a)(1)(I)(ii)(II)), is 

15 amended to read as follows: 

16 ‘‘(II) An immigrant visa made available under sub17 section 203(c) for fiscal year 1998, or for a subsequent 

18 fiscal year, may be issued, or adjustment of status under 

19 section 245(a) based upon the availability of such visa may 

20 be granted, to an eligible qualified alien who has properly 

21 applied for such visa or adjustment in the fiscal year for 

22 which the alien was selected notwithstanding the end of 

23 such fiscal year. Such visa or adjustment of status shall 

24 be counted against the worldwide level set forth in subVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 section 201(e) for the fiscal year for which the alien was 

2 selected.’’. 

3 (d) EXTENSION OF FILING PERIOD.—If an alien is 

4 unable to timely file an application to register or reregister 

5 for Temporary Protected Status under section 244 of the 

6 Immigration and Nationality Act (8 U.S.C. 1254a) as a 

7 direct result of a specified hurricane disaster, the alien’s 

8 application may be considered timely filed if it is filed not 

9 later than 90 days after it otherwise would have been due. 

10 (e) VOLUNTARY DEPARTURE.— 

11 (1) IN GENERAL.—Notwithstanding section 

12 240B of the Immigration and Nationality Act (8 

13 U.S.C. 1229c), if a period for voluntary departure 

14 under such section expired during the period begin15 ning on August 26, 2005, and ending on December 

16 31, 2005, and the alien was unable to voluntarily de17 part before the expiration date as a direct result of 

18 a specified hurricane disaster, such voluntary depar19 ture period is deemed extended for an additional 60 

20 days. 

21 (2) CIRCUMSTANCES PREVENTING DEPAR22 TURE.—For purposes of this subsection, cir23 cumstances preventing an alien from voluntarily de24 parting the United States are— 

25 (A) office closures; 


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1 (B) transportation cessations or delays; 

2 (C) other closures, cessations, or delays af3 fecting case processing or travel necessary to 

4 satisfy legal requirements; 

5 (D) mandatory evacuation and removal; 

6 and 

7 (E) other circumstances, including medical 

8 problems or financial hardship. 

9 (f) CURRENT NONIMMIGRANT VISA HOLDERS.— 

10 (1) IN GENERAL.—An alien, who was lawfully 

11 present in the United States on August 26, 2005, as 

12 a nonimmigrant under section 101(a)(15)(H) of the 

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

14 1101(a)(15)(H)) and lost employment as a direct re15 sult of a specified hurricane disaster may accept new 

16 employment upon the filing by a prospective em17 ployer of a new petition on behalf of such non18 immigrant not later than August 26, 2006. 

19 (2) CONTINUATION OF EMPLOYMENT AUTHOR20 IZATION.—Employment authorization shall continue 

21 for such alien until the new petition is adjudicated. 

22 If the new petition is denied, such employment shall 

23 cease. 

24 (3) SAVINGS PROVISION.—Nothing in this sub25 section shall be construed to limit eligibility for portVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 ability under section 214(n) of the Immigration and 

2 Nationality Act (8 U.S.C. 1184(n)). 

3 SEC. 545. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING 

4 SPOUSES AND CHILDREN. 

5 (a) TREATMENT AS IMMEDIATE RELATIVES.— 

6 (1) SPOUSES.—Notwithstanding the second 

7 sentence of section 201(b)(2)(A)(i) of the Immigra8 tion and Nationality Act (8 U.S.C. 

9 1151(b)(2)(A)(i)), in the case of an alien who was 

10 the spouse of a citizen of the United States at the 

11 time of the citizen’s death and was not legally sepa12 rated from the citizen at the time of the citizen’s 

13 death, if the citizen died as a direct result of a speci14 fied hurricane disaster, the alien (and each child of 

15 the alien) may be considered, for purposes of section 

16 201(b) of such Act, to remain an immediate relative 

17 after the date of the citizen’s death if the alien files 

18 a petition under section 204(a)(1)(A)(ii) of such Act 

19 not later than 2 years after such date and only until 

20 the date on which the alien remarries. For purposes 

21 of such section 204(a)(1)(A)(ii), an alien granted re22 lief under this paragraph shall be considered an 

23 alien spouse described in the second sentence of sec24 tion 201(b)(2)(A)(i) of such Act. 

25 (2) CHILDREN.— 


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1 (A) IN GENERAL.—In the case of an alien 

2 who was the child of a citizen of the United 

3 States at the time of the citizen’s death, if the 

4 citizen died as a direct result of a specified hur5 ricane disaster, the alien may be considered, for 

6 purposes of section 201(b) of the Immigration 

7 and Nationality Act (8 U.S.C. 1151(b)), to re8 main an immediate relative after the date of the 

9 citizen’s death (regardless of subsequent 

10 changes in age or marital status), but only if 

11 the alien files a petition under subparagraph 

12 (B) not later than 2 years after such date. 

13 (B) PETITIONS.—An alien described in 

14 subparagraph (A) may file a petition with the 

15 Secretary for classification of the alien under 

16 section 201(b)(2)(A)(i) of the Immigration and 

17 Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), 

18 which shall be considered a petition filed under 

19 section 204(a)(1)(A) of such Act (8 U.S.C. 

20 1154(a)(1)(A)). 

21 (b) SPOUSES, CHILDREN, UNMARRIED SONS AND

22 DAUGHTERS OF LAWFUL PERMANENT RESIDENT

23 ALIENS.— 

24 (1) IN GENERAL.—Any spouse, child, or unmar25 ried son or daughter of an alien described in paraVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 graph (3) who is included in a petition for classifica2 tion as a family-sponsored immigrant under section 

3 203(a)(2) of the Immigration and Nationality Act (8 

4 U.S.C. 1153(a)(2)) that was filed by such alien be5 fore August 26, 2005, may be considered (if the 

6 spouse, child, son, or daughter has not been admit7 ted or approved for lawful permanent residence by 

8 such date) a valid petitioner for preference status 

9 under such section with the same priority date as 

10 that assigned before the death described in para11 graph (3)(A). No new petition shall be required to 

12 be filed. Such spouse, child, son, or daughter may be 

13 eligible for deferred action and work authorization. 

14 (2) SELF-PETITIONS.—Any spouse, child, or 

15 unmarried son or daughter of an alien described in 

16 paragraph (3) who is not a beneficiary of a petition 

17 for classification as a family-sponsored immigrant 

18 under section 203(a)(2) of the Immigration and Na19 tionality Act may file a petition for such classifica20 tion with the Secretary, if the spouse, child, son, or 

21 daughter was present in the United States on Au22 gust 26, 2005. Such spouse, child, son, or daughter 

23 may be eligible for deferred action and work author24 ization. 


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1 (3) ALIENS DESCRIBED.—An alien is described 

2 in this paragraph if the alien— 

3 (A) died as a direct result of a specified 

4 hurricane disaster; and 

5 (B) on the day of such death, was lawfully 

6 admitted for permanent residence in the United 

7 States. 

8 (c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY

9 SURVIVING SPOUSES AND CHILDREN OF EMPLOYMENT10 BASED IMMIGRANTS.— 

11 (1) IN GENERAL.—Any alien who was, on Au12 gust 26, 2005, the spouse or child of an alien de13 scribed in paragraph (2), and who applied for ad14 justment of status before the death described in 

15 paragraph (2)(A), may have such application adju16 dicated as if such death had not occurred. 

17 (2) ALIENS DESCRIBED.—An alien is described 

18 in this paragraph if the alien— 

19 (A) died as a direct result of a specified 

20 hurricane disaster; and 

21 (B) on the day before such death, was— 

22 (i) an alien lawfully admitted for per23 manent residence in the United States by 

24 reason of having been allotted a visa under 


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1 section 203(b) of the Immigration and Na2 tionality Act (8 U.S.C. 1153(b)); or 

3 (ii) an applicant for adjustment of 

4 status to that of an alien described in 

5 clause (i), and admissible to the United 

6 States for permanent residence. 

7 (d) APPLICATIONS BY SURVIVING SPOUSES AND

8 CHILDREN OF REFUGEES AND ASYLEES.— 

9 (1) IN GENERAL.—Any alien who, on August 

10 26, 2005, was the spouse or child of an alien de11 scribed in paragraph (2), may have his or her eligi12 bility to be admitted under section 207(c)(2)(A) or 

13 208(b)(3)(A) of the Immigration and Nationality 

14 Act (8 U.S.C. 1157(c)(2)(A), 1158(b)(3)(A)) consid15 ered as if the alien’s death had not occurred. 

16 (2) ALIENS DESCRIBED.—An alien is described 

17 in this paragraph if the alien— 

18 (A) died as a direct result of a specified 

19 hurricane disaster; and 

20 (B) on the day before such death, was— 

21 (i) an alien admitted as a refugee 

22 under section 207 of the Immigration and 

23 Nationality Act (8 U.S.C. 1157); or 

24 (ii) granted asylum under section 208 

25 of such Act (8 U.S.C. 1158). 


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1 (e) WAIVER OF PUBLIC CHARGE GROUNDS.—In de2 termining the admissibility of any alien accorded an immi3 gration benefit under this section, the grounds for inad4 missibility specified in section 212(a)(4) of the Immigra5 tion and Nationality Act (8 U.S.C. 1182(a)(4)) shall not 

6 apply. 

7 SEC. 546. RECIPIENT OF PUBLIC BENEFITS. 

8 An alien shall not be inadmissible under section 

9 212(a)(4) of the Immigration and Nationality Act (8 

10 U.S.C. 1182(a)(4)) or deportable under section 237(a)(5) 

11 of such Act (8 U.S.C. 1227(a)(5)) on the basis that the 

12 alien received any public benefit as a direct result of a 

13 specified hurricane disaster. 

14 SEC. 547. AGE-OUT PROTECTION. 

15 In administering the immigration laws, the Secretary 

16 and the Attorney General may grant any application or 

17 benefit notwithstanding the applicant or beneficiary (in18 cluding a derivative beneficiary of the applicant or bene19 ficiary) reaching an age that would render the alien ineli20 gible for the benefit sought, if the alien’s failure to meet 

21 the age requirement occurred as a direct result of a speci22 fied hurricane disaster. 

23 SEC. 548. EMPLOYMENT ELIGIBILITY VERIFICATION. 

24 (a) IN GENERAL.—The Secretary may suspend or 

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1 migration and Nationality Act (8 U.S.C. 1324a(b)) or 

2 subtitle A of title IV of the Illegal Immigration Reform 

3 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

4 1324a note), either generally or with respect to particular 

5 persons, class of persons, geographic areas, or economic 

6 sectors, to the extent to which the Secretary determines 

7 necessary or appropriate to respond to national emer8 gencies or disasters. 

9 (b) NOTIFICATION.—If the Secretary suspends or 

10 modifies any requirement under section 274A(b) of the 

11 Immigration and Nationality Act pursuant to subsection 

12 (a), the Secretary shall send notice of such decision, in13 cluding the reasons for the suspension or modification, 

14 to— 

15 (1) the Committee on the Judiciary of the Sen16 ate; and 

17 (2) the Committee of the Judiciary of the 

18 House of Representatives. 

19 (c) SUNSET DATE.—The authority under subsection 

20 (a) shall expire on August 26, 2008. 

21 SEC. 549. NATURALIZATION. 

22 The Secretary may, with respect to applicants for 

23 naturalization in any district of the United States Citizen24 ship and Immigration Services affected by a specified hur25 ricane disaster, administer the provisions of Title III of 


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1 the Immigration and Nationality Act (8 U.S.C. 1401 et 

2 seq.) notwithstanding any provision of such title relating 

3 to the jurisdiction of an eligible court to administer the 

4 oath of allegiance, or requiring residence to be maintained 

5 or any action to be taken in any specific district or State 

6 within the United States. 

7 SEC. 550. DISCRETIONARY AUTHORITY. 

8 The Secretary or the Attorney General may waive vio9 lations of the immigration laws committed, on or before 

10 March 1, 2006, by an alien— 

11 (1) who was in lawful status on August 26, 

12 2005; and 

13 (2) whose failure to comply with the immigra14 tion laws was a direct result of a specified hurricane 

15 disaster. 

16 SEC. 551. EVIDENTIARY STANDARDS AND REGULATIONS. 

17 The Secretary shall establish appropriate evidentiary 

18 standards for demonstrating, for purposes of this subtitle, 

19 that a specified hurricane disaster directly resulted in— 

20 (1) death; 

21 (2) disability; or 

22 (3) loss of employment due to physical damage 

23 to, or destruction of, a business. 


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1 SEC. 552. IDENTIFICATION DOCUMENTS. 

2 (a) TEMPORARY IDENTIFICATION.—The Secretary 

3 shall have the authority to instruct any Federal agency 

4 to issue temporary identification documents to individuals 

5 affected by a specified hurricane disaster. Such documents 

6 shall be acceptable for purposes of identification under any 

7 Federal law or regulation until August 26, 2007. 

8 (b) ISSUANCE.—An agency may not issue identity 

9 documents under this section after January 1, 2007. 

10 (c) NO COMPULSION TO ACCEPT OR CARRY IDENTI11 FICATION DOCUMENTS.—Nationals of the United States 

12 shall not be compelled to accept or carry documents issued 

13 under this section. 

14 (d) NO PROOF OF CITIZENSHIP.—Identity docu15 ments issued under this section shall not constitute proof 

16 of citizenship or immigration status. 

17 SEC. 553. WAIVER OF REGULATIONS. 

18 The Secretary shall carry out the provisions of this 

19 subtitle as expeditiously as possible. The Secretary is not 

20 required to promulgate regulations before implementing 

21 this subtitle. The requirements of chapter 5 of title 5, 

22 United States Code (commonly referred to as the ‘‘Admin23 istrative Procedure Act’’) or any other law relating to rule 

24 making, information collection, or publication in the Fed25 eral Register, shall not apply to any action to implement 

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1 curity, the Secretary of Labor, or the Secretary of State 

2 determine that compliance with such requirement would 

3 impede the expeditious implementation of such Act. 

4 SEC. 554. NOTICES OF CHANGE OF ADDRESS. 

5 (a) IN GENERAL.—If a notice of change of address 

6 otherwise required to be submitted to the Secretary by an 

7 alien described in subsection (b) relates to a change of 

8 address occurring during the period beginning on August 

9 26, 2005, and ending on the date of the enactment of this 

10 Act, the alien may submit such notice. 

11 (b) ALIENS DESCRIBED.—An alien is described in 

12 this subsection if the alien— 

13 (1) resided, on August 26, 2005, within a dis14 trict of the United States that was declared by the 

15 President to be affected by a specified hurricane dis16 aster; and 

17 (2) is required, under section 265 of the Immi18 gration and Nationality Act (8 U.S.C. 1305) or any 

19 other provision of law, to notify the Secretary in 

20 writing of a change of address. 

21 SEC. 555. FOREIGN STUDENTS AND EXCHANGE PROGRAM 

22 PARTICIPANTS. 

23 (a) IN GENERAL.—The nonimmigrant status of an 

24 alien described in subsection (b) shall be deemed to have 

25 been maintained during the period beginning on August 


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1 26, 2005, and ending on September 15, 2006, if, on Sep2 tember 15, 2006, the alien is enrolled in a course of study, 

3 or participating in a designated exchange visitor program, 

4 sufficient to satisfy the terms and conditions of the alien’s 

5 nonimmigrant status on August 26, 2005. 

6 (b) ALIENS DESCRIBED.—An alien is described in 

7 this subsection if the alien— 

8 (1) was, on August 26, 2005, lawfully present 

9 in the United States in the status of a non10 immigrant described in subparagraph (F), (J), or 

11 (M) of section 101(a)(15) of the Immigration and 

12 Nationality Act (8 U.S.C. 1101(a)(15)); and 

13 (2) fails to satisfy a term or condition of such 

14 status as a direct result of a specified hurricane dis15 aster. 


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1 TITLE VI—WORK AUTHORIZA2 TION AND LEGALIZATION OF 

3 UNDOCUMENTED INDIVID4 UALS 

5 Subtitle A—Access to Earned Ad6 justment and Mandatory Depar7 ture and Reentry 

8 SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDA9 TORY DEPARTURE AND REENTRY. 

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

11 ‘‘Immigrant Accountability Act of 2007’’. 

12 (b) ADJUSTMENT OF STATUS.— 

13 (1) IN GENERAL.—Chapter 5 of title II (8 

14 U.S.C. 1255 et seq.) is amended by inserting after 

15 section 245A the following: 

16 ‘‘SEC. 245B. ACCESS TO EARNED ADJUSTMENT. 

17 ‘‘(a) ADJUSTMENT OF STATUS.— 

18 ‘‘(1) PRINCIPAL ALIENS.—Notwithstanding any 

19 other provision of law, including section 244(h) of 

20 this Act, the Secretary of Homeland Security shall 

21 adjust to the status of an alien lawfully admitted for 

22 permanent residence, an alien who satisfies the fol23 lowing requirements: 

24 ‘‘(A) APPLICATION.—The alien shall file 

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1 ment of status and pay the fine required under 

2 subsection (m) and any additional amounts 

3 owed under that subsection. 

4 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 

5 ‘‘(i) IN GENERAL.—The alien shall es6 tablish that the alien— 

7 ‘‘(I) was physically present in the 

8 United States on or before the date 

9 that is 5 years before April 5, 2006; 

10 ‘‘(II) was not legally present in 

11 the United States on April 5, 2006, 

12 under any classification set forth in 

13 section 101(a)(15); and 

14 ‘‘(III) did not depart from the 

15 United States during the 5-year pe16 riod ending on April 5, 2006, except 

17 for brief, casual, and innocent depar18 tures. 

19 ‘‘(ii) LEGALLY PRESENT.—For pur20 poses of this subparagraph, an alien who 

21 has violated any conditions of his or her 

22 visa shall be considered not to be legally 

23 present in the United States. 

24 ‘‘(C) ADMISSIBLE UNDER IMMIGRATION

25 LAWS.—The alien shall establish that the alien 


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1 is not inadmissible under section 212(a) except 

2 for any provision of that section that is waived 

3 under subsection (b) of this section. 

4 ‘‘(D) EMPLOYMENT IN UNITED STATES.— 

5 ‘‘(i) IN GENERAL.—The alien shall 

6 have been employed in the United States, 

7 in the aggregate, for— 

8 ‘‘(I) at least 3 years during the 

9 5-year period ending on April 5, 2006; 

10 and 

11 ‘‘(II) at least 6 years after the 

12 date of enactment of the Immigrant 

13 Accountability Act of 2007. 

14 ‘‘(ii) EXCEPTIONS.— 

15 ‘‘(I) The employment require16 ment in clause (i)(I) shall not apply to 

17 an individual who is under 20 years of 

18 age on the date of enactment of the 

19 Immigrant Accountability Act of 

20 2007. 

21 ‘‘(II) The employment require22 ment in clause (i)(II) shall be reduced 

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1 ical or mental disability or as a result 

2 of pregnancy. 

3 ‘‘(III) The employment require4 ment in clause (i)(II) shall be reduced 

5 for an individual who is under 20 

6 years of age on the date of enactment 

7 of the Immigrant Accountability Act 

8 of 2007 by a period of time equal to 

9 the time period beginning on such 

10 date of enactment and ending on the 

11 date on which the individual reaches 

12 20 years of age. 

13 ‘‘(IV) The employment require14 ments in clause (i) shall be reduced by 

15 1 year for each year of full time post16 secondary study in the United States 

17 during the relevant period. 

18 ‘‘(V) The employment require19 ment under clause (i)(I) shall not 

20 apply to any individual who is 65 

21 years of age or older on the date of 

22 the enactment of the Immigrant Ac23 countability Act of 2007. 

24 ‘‘(iii) PORTABILITY.—An alien shall 

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1 ment requirements in clause (i) with the 

2 same employer. 

3 ‘‘(iv) EVIDENCE OF EMPLOYMENT.— 

4 ‘‘(I) CONCLUSIVE DOCUMENTS.— 

5 For purposes of satisfying the require6 ments in clause (i), the alien shall 

7 submit at least 2 of the following doc8 uments for each period of employ9 ment, which shall be considered con10 clusive evidence of such employment: 

11 ‘‘(aa) Records maintained by 

12 the Social Security Administra13 tion. 

14 ‘‘(bb) Records maintained by 

15 an employer, such as pay stubs, 

16 time sheets, or employment work 

17 verification. 

18 ‘‘(cc) Records maintained by 

19 the Internal Revenue Service. 

20 ‘‘(dd) Records maintained 

21 by a union or day labor center. 

22 ‘‘(ee) Records maintained by 

23 any other government agency, 

24 such as worker compensation 


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1 records, disability records, or 

2 business licensing records. 

3 ‘‘(II) OTHER DOCUMENTS.—An 

4 alien who is unable to submit a docu5 ment described in subclause (I) may 

6 satisfy the requirement in clause (i) 

7 by submitting to the Secretary at 

8 least 2 other types of reliable docu9 ments that provide evidence of em10 ployment for each required period of 

11 employment, including— 

12 ‘‘(aa) bank records; 

13 ‘‘(bb) business records; 

14 ‘‘(cc) sworn affidavits from 

15 non-relatives who have direct 

16 knowledge of the alien’s work, in17 cluding the name, address, and 

18 phone number of the affiant, the 

19 nature and duration of the rela20 tionship between the affiant and 

21 the alien, and other verification 

22 information; or 

23 ‘‘(dd) remittance records. 

24 ‘‘(v) BURDEN OF PROOF.—An alien 

25 applying for adjustment of status under 


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1 this subsection has the burden of proving 

2 by a preponderance of the evidence that 

3 the alien has satisfied the employment re4 quirements in clause (i). Once the burden 

5 is met, the burden shall shift to the Sec6 retary of Homeland Security to disprove 

7 the alien’s evidence with a showing which 

8 negates the reasonableness of the inference 

9 to be drawn from the evidence. 

10 ‘‘(E) PAYMENT OF INCOME TAXES.— 

11 ‘‘(i) IN GENERAL.—Not later than the 

12 date on which status is adjusted under this 

13 section, the alien establishes the payment 

14 of any applicable Federal tax liability by 

15 establishing that— 

16 ‘‘(I) no such tax liability exists; 

17 ‘‘(II) all outstanding liabilities 

18 have been paid; or 

19 ‘‘(III) the alien has entered into 

20 an agreement for payment of all out21 standing liabilities with the Internal 

22 Revenue Service. 

23 ‘‘(ii) APPLICABLE FEDERAL TAX LI24 ABILITY.—For purposes of clause (i), the 

25 term ‘applicable Federal tax liability’ 


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1 means liability for Federal taxes, including 

2 penalties and interest, owed for any year 

3 during the period of employment required 

4 by subparagraph (D)(i) for which the stat5 utory period for assessment of any defi6 ciency for such taxes has not expired. 

7 ‘‘(iii) IRS COOPERATION.—The Sec8 retary of the Treasury shall establish rules 

9 and procedures under which the Commis10 sioner of Internal Revenue shall provide 

11 documentation to an alien upon request to 

12 establish the payment of all taxes required 

13 by this subparagraph. 

14 ‘‘(iv) IN GENERAL.—The alien may 

15 satisfy such requirement by establishing 

16 that— 

17 ‘‘(I) no such tax liability exists; 

18 ‘‘(II) all outstanding liabilities 

19 have been met; or 

20 ‘‘(III) the alien has entered into 

21 an agreement for payment of all out22 standing liabilities with the Internal 

23 Revenue Service and with the depart24 ment of revenue of each State to 

25 which taxes are owed. 


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1 ‘‘(v) LIMITATION.—Provided further 

2 that an alien required to pay taxes under 

3 this subparagraph, or who otherwise satis4 fies the requirements of clause (i), shall 

5 not be allowed to collect any tax refund for 

6 any taxable year before 2006, or to file any 

7 claim for the Earned Income Tax Credit, 

8 or any other tax credit otherwise allowable 

9 under the tax code, prior to such taxable 

10 year. 

11 ‘‘(F) BASIC CITIZENSHIP SKILLS.— 

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clause (ii), the alien shall dem14 onstrate that the alien meets the require15 ments of section 312(a) (relating to 

16 English proficiency and understanding of 

17 United States history and Government). 

18 ‘‘(ii) EXCEPTIONS.— 

19 ‘‘(I) MANDATORY.—The require20 ments of clause (i) shall not apply to 

21 any person who is unable to comply 

22 with those requirements because of a 

23 physical or developmental disability or 

24 mental impairment. 


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1 ‘‘(II) DISCRETIONARY.—The Sec2 retary of Homeland Security may 

3 waive all or part of the requirements 

4 of clause (i) in the case of an alien 

5 who is 65 years of age or older as of 

6 the date of the filing of the applica7 tion for adjustment of status. 

8 ‘‘(G) SECURITY AND LAW ENFORCEMENT

9 CLEARANCES.—The alien shall submit finger10 prints in accordance with procedures estab11 lished by the Secretary of Homeland Security. 

12 Such fingerprints shall be submitted to relevant 

13 Federal agencies to be checked against existing 

14 databases for information relating to criminal, 

15 national security, or other law enforcement ac16 tions that would render the alien ineligible for 

17 adjustment of status under this subsection. The 

18 relevant Federal agencies shall work to ensure 

19 that such clearances are completed within 90 

20 days of the submission of fingerprints. An ap21 peal of a security clearance determination by 

22 the Secretary of Homeland Security shall be 

23 processed through the Department of Home24 land Security. 


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1 ‘‘(H) MILITARY SELECTIVE SERVICE.—The 

2 alien shall establish that if the alien is within 

3 the age period required under the Military Se4 lective Service Act (50 U.S.C. App. 451 et seq.) 

5 that such alien has registered under that Act. 

6 ‘‘(I) ADJUSTMENT OF STATUS.—The Sec7 retary may not adjust the status of an alien 

8 under this section to that of lawful permanent 

9 resident until the Secretary determines that the 

10 priority dates have become current for the class 

11 of aliens whose family-based or employment12 based petitions for permanent residence were 

13 pending on the date of the enactment of the 

14 Immigrant Accountability Act of 2007. 

15 ‘‘(2) SPOUSES AND CHILDREN.— 

16 ‘‘(A) IN GENERAL.— 

17 ‘‘(i) ADJUSTMENT OF STATUS.—Not18 withstanding any other provision of law, 

19 the Secretary of Homeland Security shall, 

20 if otherwise eligible under subparagraph 

21 (B), adjust the status to that of a lawful 

22 permanent resident for— 

23 ‘‘(I) the spouse, or child who was 

24 under 21 years of age on the date of 

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1 ability Act of 2007, of an alien who 

2 adjusts status or is eligible to adjust 

3 status to that of a permanent resident 

4 under paragraph (1); or 

5 ‘‘(II) an alien who, within 5 

6 years preceding the date of enactment 

7 of the Immigrant Accountability Act 

8 of 2007, was the spouse or child of an 

9 alien who adjusts status to that of a 

10 permanent resident under paragraph 

11 (1), if— 

12 ‘‘(aa) the termination of the 

13 qualifying relationship was con14 nected to domestic violence; or 

15 ‘‘(bb) the spouse or child 

16 has been battered or subjected to 

17 extreme cruelty by the spouse or 

18 parent who adjusts status or is 

19 eligible to adjust status to that of 

20 a permanent resident under para21 graph (1). 

22 ‘‘(ii) APPLICATION OF OTHER LAW.— 

23 In acting on applications filed under this 

24 paragraph with respect to aliens who have 

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1 elty, the Secretary of Homeland Security 

2 shall apply the provisions of section 

3 204(a)(1)(J) and the protections, prohibi4 tions, and penalties under section 384 of 

5 the Illegal Immigration Reform and Immi6 grant Responsibility Act of 1996 (8 U.S.C. 

7 1367). 

8 ‘‘(B) GROUNDS OF INADMISSIBILITY NOT

9 APPLICABLE.—In establishing admissibility to 

10 the United States, the spouse or child described 

11 in subparagraph (A) shall establish that they 

12 are not inadmissible under section 212(a), ex13 cept for any provision of that section that is 

14 waived under subsection (b) of this section. 

15 ‘‘(C) SECURITY AND LAW ENFORCEMENT

16 CLEARANCE.—The spouse or child, if that child 

17 is 14 years of age or older, described in sub18 paragraph (A) shall submit fingerprints in ac19 cordance with procedures established by the 

20 Secretary of Homeland Security. Such finger21 prints shall be submitted to relevant Federal 

22 agencies to be checked against existing data23 bases for information relating to criminal, na24 tional security, or other law enforcement actions 

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1 ment of status under this subsection. The rel2 evant Federal agencies shall work to ensure 

3 that such clearances are completed within 90 

4 days of the submission of fingerprints. An ap5 peal of a denial by the Secretary of Homeland 

6 Security shall be processed through the Depart7 ment of Homeland Security. 

8 ‘‘(3) NONAPPLICABILITY OF NUMERICAL LIMI9 TATIONS.—When an alien is granted lawful perma10 nent resident status under this subsection, the num11 ber of immigrant visas authorized to be issued under 

12 any provision of this Act shall not be reduced. 

13 ‘‘(b) GROUNDS OF INADMISSIBILITY.— 

14 ‘‘(1) APPLICABLE PROVISIONS.—In the deter15 mination of an alien’s admissibility under para16 graphs (1)(C) and (2) of subsection (a), the fol17 lowing provisions of section 212(a) shall apply and 

18 may not be waived by the Secretary of Homeland 

19 Security under paragraph (3)(A): 

20 ‘‘(A) Paragraph (1) (relating to health). 

21 ‘‘(B) Paragraph (2) (relating to criminals). 

22 ‘‘(C) Paragraph (3) (relating to security 

23 and related grounds). 


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1 ‘‘(D) Subparagraphs (A) and (C) of para2 graph (10) (relating to polygamists and child 

3 abductors). 

4 ‘‘(2) GROUNDS OF INADMISSIBILITY NOT APPLI5 CABLE.—The provisions of paragraphs (5), (6)(A), 

6 (6)(B), (6)(C), (6)(F), (6)(G), (7), (9) (other than 

7 subparagraph (C)(i)(II)), and (10)(B) of section 

8 212(a) shall not apply to an alien who is applying 

9 for adjustment of status under subsection (a). 

10 ‘‘(3) WAIVER OF OTHER GROUNDS.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 paragraph (1), the Secretary of Homeland Se13 curity may waive any provision of section 

14 212(a) in the case of individual aliens for hu15 manitarian purposes, to ensure family unity, or 

16 when it is otherwise in the public interest. 

17 ‘‘(B) CONSTRUCTION.—Nothing in this 

18 paragraph shall be construed as affecting the 

19 authority of the Secretary of Homeland Secu20 rity, other than under this subparagraph, to 

21 waive the provisions of section 212(a). 

22 ‘‘(4) SPECIAL RULE FOR DETERMINATION OF

23 PUBLIC CHARGE.—An alien is not ineligible for ad24 justment of status under subsection (a) by reason of 

25 a ground of inadmissibility under section 212(a)(4) 


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1 if the alien establishes a history of employment in 

2 the United States evidencing self-support without 

3 public cash assistance. 

4 ‘‘(5) SPECIAL RULE FOR INDIVIDUALS WHERE

5 THERE IS NO COMMERCIAL PURPOSE.—An alien is 

6 not ineligible for adjustment of status under sub7 section (a) by reason of a ground of inadmissibility 

8 under section 212(a)(6)(E) if the alien establishes 

9 that the action referred to in that section was taken 

10 for humanitarian purposes, to ensure family unity, 

11 or was otherwise in the public interest. 

12 ‘‘(6) APPLICABILITY OF OTHER PROVISIONS.— 

13 Section 241(a)(5) and section 240B(d) shall not 

14 apply with respect to an alien who is applying for 

15 adjustment of status under subsection (a). 

16 ‘‘(7) INELIGIBILITY.— 

17 ‘‘(A) IN GENERAL.—An alien is ineligible 

18 for adjustment to lawful permanent resident 

19 status under this section if— 

20 ‘‘(i) the alien has been ordered re21 moved from the United States— 

22 ‘‘(I) for overstaying the period of 

23 authorized admission under section 

24 217; 


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1 ‘‘(II) under section 235 or 238; 

2 or 

3 ‘‘(III) pursuant to a final order 

4 of removal under section 240; 

5 ‘‘(ii) the alien failed to depart the 

6 United States during the period of a vol7 untary departure order issued under sec8 tion 240B; 

9 ‘‘(iii) the alien is subject to section 

10 241(a)(5); 

11 ‘‘(iv) the Secretary of Homeland Secu12 rity determines that— 

13 ‘‘(I) the alien, having been con14 victed by a final judgment of a serious 

15 crime, constitutes a danger to the 

16 community of the United States; 

17 ‘‘(II) there are reasonable 

18 grounds for believing that the alien 

19 has committed a serious crime outside 

20 the United States prior to the arrival 

21 of the alien in the United States; or 

22 ‘‘(III) there are reasonable 

23 grounds for regarding the alien as a 

24 danger to the security of the United 

25 States; or 


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1 ‘‘(v) the alien has been convicted of a 

2 felony or 3 or more misdemeanors. 

3 ‘‘(B) EXCEPTION.—Notwithstanding sub4 paragraph (A), an alien who has not been or5 dered removed from the United States shall re6 main eligible for adjustment to lawful perma7 nent resident status under this section if the 

8 alien’s ineligibility under subparagraph (A) is 

9 solely related to the alien’s— 

10 ‘‘(i) entry into the United States with11 out inspection; 

12 ‘‘(ii) remaining in the United States 

13 beyond the period of authorized admission; 

14 or 

15 ‘‘(iii) failure to maintain legal status 

16 while in the United States. 

17 ‘‘(C) WAIVER.—The Secretary may, in the 

18 Secretary’s sole and unreviewable discretion, 

19 waive the application of subparagraph (A) if the 

20 alien was ordered removed on the basis that the 

21 alien— 

22 ‘‘(i)(I) entered without inspection; 

23 ‘‘(II) failed to maintain status; or 

24 ‘‘(III) was ordered removed under 

25 212(a)(6)(C)(i) prior to April 7, 2006; and 


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1 ‘‘(ii)(I) demonstrates that the alien 

2 did not receive notice of removal pro3 ceedings in accordance with paragraph (1) 

4 or (2) of section 239(a); 

5 ‘‘(II) establishes that the alien’s fail6 ure to appear was due to exceptional cir7 cumstances beyond the control of the alien; 

8 or 

9 ‘‘(III) the alien’s departure from the 

10 United States now would result in extreme 

11 hardship to the alien’s spouse, parent, or 

12 child who is a citizen of the United States 

13 or an alien lawfully admitted for perma14 nent residence. 

15 ‘‘(c) TREATMENT OF APPLICANTS.— 

16 ‘‘(1) IN GENERAL.—An alien who files an appli17 cation under subsection (a)(1)(A) for adjustment of 

18 status, including a spouse or child who files for ad19 justment of status under subsection (b)— 

20 ‘‘(A) shall be granted employment author21 ization pending final adjudication of the alien’s 

22 application for adjustment of status; 

23 ‘‘(B) shall be granted permission to travel 

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1 judication of the alien’s application for adjust2 ment of status; 

3 ‘‘(C) shall not be detained, determined in4 admissible or deportable, or removed pending 

5 final adjudication of the alien’s application for 

6 adjustment of status, unless the alien commits 

7 an act which renders the alien ineligible for 

8 such adjustment of status; and 

9 ‘‘(D) shall not be considered an unauthor10 ized alien as defined in section 274A(i) until 

11 such time as employment authorization under 

12 subparagraph (A) is denied. 

13 ‘‘(2) DOCUMENT OF AUTHORIZATION.—The 

14 Secretary of Homeland Security shall provide each 

15 alien described in paragraph (1) with a counterfeit16 resistant document of authorization that— 

17 ‘‘(A) meets all current requirements estab18 lished by the Secretary of Homeland Security 

19 for travel documents, including the require20 ments under section 403 of the Illegal Immigra21 tion Reform and Immigrant Responsibility Act 

22 of 1996 (8 U.S.C. 1324a note); and 

23 ‘‘(B) reflects the benefits and status set 

24 forth in paragraph (1). 


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1 ‘‘(3) SECURITY AND LAW ENFORCEMENT

2 CLEARANCE.—Before an alien is granted employ3 ment authorization or permission to travel under 

4 paragraph (1), the alien shall be required to undergo 

5 a name check against existing databases for infor6 mation relating to criminal, national security, or 

7 other law enforcement actions. The relevant Federal 

8 agencies shall work to ensure that such name checks 

9 are completed not later than 90 days after the date 

10 on which the name check is requested. 

11 ‘‘(4) TERMINATION OF PROCEEDINGS.—An 

12 alien in removal proceedings who establishes prima 

13 facie eligibility for adjustment of status under sub14 section (a) shall be entitled to termination of the 

15 proceedings pending the outcome of the alien’s appli16 cation, unless the removal proceedings are based on 

17 criminal or national security grounds. 

18 ‘‘(d) CONFIDENTIALITY OF INFORMATION.— 

19 ‘‘(1) IN GENERAL.—Except as otherwise pro20 vided in this section, no Federal agency or bureau, 

21 nor any officer or employee of such agency or bu22 reau, may— 

23 ‘‘(A) use the information furnished by the 

24 applicant pursuant to an application filed under 

25 paragraph (1) or (2) of subsection (a) for any 


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1 purpose other than to make a determination on 

2 the application; 

3 ‘‘(B) make any publication through which 

4 the information furnished by any particular ap5 plicant can be identified; or 

6 ‘‘(C) permit anyone other than the sworn 

7 officers and employees of such agency, bureau, 

8 or approved entity, as approved by the Sec9 retary of Homeland Security, to examine indi10 vidual applications that have been filed. 

11 ‘‘(2) REQUIRED DISCLOSURES.—The Secretary 

12 of Homeland Security and the Secretary of State 

13 shall provide the information furnished pursuant to 

14 an application filed under paragraph (1) or (2) of 

15 subsection (a), and any other information derived 

16 from such furnished information, to a duly recog17 nized law enforcement entity in connection with a 

18 criminal investigation or prosecution or a national 

19 security investigation or prosecution, in each in20 stance about an individual suspect or group of sus21 pects, when such information is requested in writing 

22 by such entity. 

23 ‘‘(3) CRIMINAL PENALTY.—Any person who 

24 knowingly uses, publishes, or permits information to 


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1 be examined in violation of this subsection shall be 

2 fined not more than $10,000. 

3 ‘‘(e) PENALTIES FOR FALSE STATEMENTS IN APPLI4 CATIONS.— 

5 ‘‘(1) CRIMINAL PENALTY.— 

6 ‘‘(A) VIOLATION.—It shall be unlawful for 

7 any person to— 

8 ‘‘(i) file or assist in filing an applica9 tion for adjustment of status under this 

10 section and knowingly and willfully falsify, 

11 conceal, or cover up a material fact or 

12 make any false, fictitious, or fraudulent 

13 statements or representations, or make or 

14 use any false writing or document knowing 

15 the same to contain any false, fictitious, or 

16 fraudulent statement or entry; or 

17 ‘‘(ii) create or supply a false writing 

18 or document for use in making such an ap19 plication. 

20 ‘‘(B) PENALTY.—Any person who violates 

21 subparagraph (A) shall be fined in accordance 

22 with title 18, United States Code, or imprisoned 

23 not more than 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. 

4 ‘‘(3) EXCEPTION.—Notwithstanding paragraphs 

5 (1) and (2), any alien or other entity (including an 

6 employer or union) that submits an employment 

7 record that contains incorrect data that the alien 

8 used in order to obtain such employment, shall not 

9 have violated this subsection. 

10 ‘‘(f) INELIGIBILITY FOR PUBLIC BENEFITS.—For 

11 purposes of section 403 of the Personal Responsibility and 

12 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

13 1613), an alien whose status has been adjusted in accord14 ance with subsection (a) shall not be eligible for any Fed15 eral means-tested public benefit unless the alien meets the 

16 alien eligibility criteria for such benefit under title IV of 

17 such Act (8 U.S.C. 1601 et seq.). 

18 ‘‘(g) RELATIONSHIPS OF APPLICATION TO CERTAIN

19 ORDERS.— 

20 ‘‘(1) IN GENERAL.—An alien who is present in 

21 the United States and has been ordered excluded, 

22 deported, removed, or to depart voluntarily from the 

23 United States or is subject to reinstatement of re24 moval under any provision of this Act may, notwith25 standing such order, apply for adjustment of status 


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1 under subsection (a). Such an alien shall not be re2 quired, as a condition of submitting or granting such 

3 application, to file a separate motion to reopen, re4 consider, or vacate the exclusion, deportation, re5 moval or voluntary departure order. If the Secretary 

6 of Homeland Security grants the application, the 

7 order shall be canceled. If the Secretary of Home8 land Security renders a final administrative decision 

9 to deny the application, such order shall be effective 

10 and enforceable. Nothing in this paragraph shall af11 fect the review or stay of removal under subsection 

12 (j). 

13 ‘‘(2) STAY OF REMOVAL.—The filing of an ap14 plication described in paragraph (1) shall stay the 

15 removal or detainment of the alien pending final ad16 judication of the application, unless the removal or 

17 detainment of the alien is based on criminal or na18 tional security grounds. 

19 ‘‘(h) APPLICATION OF OTHER PROVISIONS.—Noth20 ing in this section shall preclude an alien who may be eligi21 ble to be granted adjustment of status under subsection 

22 (a) from seeking such status under any other provision 

23 of law for which the alien may be eligible. 

24 ‘‘(i) ADMINISTRATIVE AND JUDICIAL REVIEW.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in this 

2 subsection, there shall be no administrative or judi3 cial review of a determination respecting an applica4 tion for adjustment of status under subsection (a). 

5 ‘‘(2) ADMINISTRATIVE REVIEW.— 

6 ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE

7 APPELLATE REVIEW.—The Secretary of Home8 land Security shall establish an appellate au9 thority to provide for a single level of adminis10 trative appellate review of a determination re11 specting an application for adjustment of status 

12 under subsection (a). 

13 ‘‘(B) STANDARD FOR REVIEW.—Adminis14 trative appellate review referred to in subpara15 graph (A) shall be based solely upon the admin16 istrative record established at the time of the 

17 determination on the application and upon the 

18 presentation of additional or newly discovered 

19 evidence during the time of the pending appeal. 

20 ‘‘(3) JUDICIAL REVIEW.— 

21 ‘‘(A) DIRECT REVIEW.—A person whose 

22 application for adjustment of status under sub23 section (a) is denied after administrative appel24 late review under paragraph (2) may seek re25 view of such denial, in accordance with chapter 


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1 7 of title 5, United States Code, before the 

2 United States district court for the district in 

3 which the person resides. 

4 ‘‘(B) REVIEW AFTER REMOVAL PRO5 CEEDINGS.—There shall be judicial review in 

6 the Federal courts of appeal of the denial of an 

7 application for adjustment of status under sub8 section (a) in conjunction with judicial review of 

9 an order of removal, deportation, or exclusion, 

10 but only if the validity of the denial has not 

11 been upheld in a prior judicial proceeding under 

12 subparagraph (A). Notwithstanding any other 

13 provision of law, the standard for review of 

14 such a denial shall be governed by subpara15 graph (C). 

16 ‘‘(C) STANDARD FOR JUDICIAL REVIEW.— 

17 Judicial review of a denial of an application 

18 under this section shall be based solely upon the 

19 administrative record established at the time of 

20 the review. The findings of fact and other de21 terminations contained in the record shall be 

22 conclusive unless the applicant can establish 

23 abuse of discretion or that the findings are di24 rectly contrary to clear and convincing facts 

25 contained in the record, considered as a whole. 


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1 ‘‘(4) STAY OF REMOVAL.—Aliens seeking ad2 ministrative or judicial review under this subsection 

3 shall not be removed from the United States until a 

4 final decision is rendered establishing ineligibility 

5 under this section, unless such removal is based on 

6 criminal or national security grounds. 

7 ‘‘(j) DISSEMINATION OF INFORMATION ON ADJUST8 MENT PROGRAM.—During the 12 months following the 

9 issuance of final regulations in accordance with subsection 

10 (o), the Secretary of Homeland Security, in cooperation 

11 with approved entities, approved by the Secretary of 

12 Homeland Security, shall broadly disseminate information 

13 respecting adjustment of status under this section and the 

14 requirements to be satisfied to obtain such status. The 

15 Secretary of Homeland Security shall also disseminate in16 formation to employers and labor unions to advise them 

17 of the rights and protections available to them and to 

18 workers who file applications under this section. Such in19 formation shall be broadly disseminated, in the languages 

20 spoken by the top 15 source countries of the aliens who 

21 would qualify for adjustment of status under this section, 

22 including to television, radio, and print media such aliens 

23 would have access to. 

24 ‘‘(k) EMPLOYER PROTECTIONS.— 


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1 ‘‘(1) IMMIGRATION STATUS OF ALIEN.—Em2 ployers of aliens applying for conditional non3 immigrant or conditional nonimmigrant dependent 

4 classification or adjustment of status under this sec5 tion, the AgJOBS Act of 2007, or the DREAM Act 

6 of 2007 shall not be subject to civil or criminal tax 

7 liability for activities relating directly to the employ8 ment of such alien that occurred before receiving 

9 employment authorization under this section, the 

10 AgJOBS Act of 2007, or the DREAM Act of 2007. 

11 ‘‘(2) PROVISION OF EMPLOYMENT RECORDS.— 

12 Employers that provide unauthorized aliens with 

13 copies of employment records or other evidence of 

14 employment pursuant to an application for adjust15 ment of status under this section or any other appli16 cation or petition pursuant to other provisions of the 

17 immigration laws, shall not be subject to civil and 

18 criminal liability pursuant to section 274A for em19 ploying such unauthorized aliens. 

20 ‘‘(3) APPLICABILITY OF OTHER LAW.—Nothing 

21 in this subsection shall be used to shield an employer 

22 from liability pursuant to section 274B or any other 

23 labor and employment law provisions. 

24 ‘‘(l) AUTHORIZATION OF FUNDS; FINES.— 


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1 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the De3 partment of Homeland Security such sums as are 

4 necessary to commence the processing of applica5 tions filed under this section. 

6 ‘‘(2) FINE.—An alien who files an application 

7 under this section shall pay a fine commensurate 

8 with levels charged by the Department of Homeland 

9 Security for other applications for adjustment of sta10 tus. 

11 ‘‘(3) ADDITIONAL AMOUNTS OWED.—Prior to 

12 the adjudication of an application for adjustment of 

13 status filed under this section, the alien shall pay an 

14 amount equaling $2,000, but such amount shall not 

15 be required from an alien under the age of 18. 

16 ‘‘(4) USE OF AMOUNTS COLLECTED.—The Sec17 retary of Homeland Security shall deposit payments 

18 received under paragraphs (2) and (3) in the Immi19 gration Examinations Fee Account, and these pay20 ments in such account shall be available, without fis21 cal year limitation, such that— 

22 ‘‘(A) 80 percent of such funds shall be 

23 available to the Department of Homeland Secu24 rity for border security purposes; 


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1 ‘‘(B) 10 percent of such funds shall be 

2 available to the Department of Homeland Secu3 rity for implementing and processing applica4 tions under this section; and 

5 ‘‘(C) 10 percent of such funds shall be 

6 available to the Department of Homeland Secu7 rity and the Department of State to cover ad8 ministrative and other expenses incurred in con9 nection with the review of applications filed by 

10 immediate relatives of aliens applying for ad11 justment of status under this section. 

12 ‘‘(5) STATE IMPACT ASSISTANCE FEE.— 

13 ‘‘(A) IN GENERAL.—In addition to any 

14 other amounts required to be paid under this 

15 subsection, an alien shall submit, at the time 

16 the alien files an application under this section, 

17 a State impact assistance fee equal to— 

18 ‘‘(i) $750 for the principal alien; and 

19 ‘‘(ii) $100 for the spouse and each 

20 child described in subsection (a)(2). 

21 ‘‘(B) USE OF FEE.—The fees collected 

22 under subparagraph (A) shall be deposited in 

23 the State Impact Assistance Account estab24 lished under section 286(x). 


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1 ‘‘(m) MANDATORY DEPARTURE AND REENTRY.— 

2 Any alien who was physically present in the United States 

3 on January 7, 2004, who seeks to adjust status under this 

4 section, but does not satisfy the requirements of subpara5 graph (B) or (D) of subsection (a)(1), shall be eligible to 

6 depart the United States and to seek admission as a non7 immigrant or an immigrant alien described in section 

8 245C. 

9 ‘‘(n) ISSUANCE OF REGULATIONS.—Not later than 

10 120 days after the date of enactment of the Immigrant 

11 Accountability Act of 2007, the Secretary of Homeland 

12 Security shall issue regulations to implement this sec13 tion.’’. 

14 (2) TABLE OF CONTENTS.—The table of con15 tents (8 U.S.C. 1101 et seq.) is amended by insert16 ing after the item relating to section 245A the fol17 lowing: 

‘‘245B. Access to Earned Adjustment.’’. 

18 (c) MANDATORY DEPARTURE AND REENTRY.— 

19 (1) IN GENERAL.—Chapter 5 of title II (8 

20 U.S.C. 1255 et seq.), as amended by subsection 

21 (b)(1), is further amended by inserting after section 

22 245B the following: 

23 ‘‘SEC. 245C. MANDATORY DEPARTURE AND REENTRY. 

24 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se25 curity may grant Deferred Mandatory Departure status 


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1 to aliens who are in the United States illegally to allow 

2 such aliens time to depart the United States and to seek 

3 admission as a nonimmigrant or immigrant alien. 

4 ‘‘(b) REQUIREMENTS.—Notwithstanding section 

5 244(h), an alien desiring an adjustment of status under 

6 subsection (a) shall meet the following requirements: 

7 ‘‘(1) PRESENCE.—The alien shall establish that 

8 the alien— 

9 ‘‘(A) was physically present in the United 

10 States on January 7, 2004; 

11 ‘‘(B) has been continuously in the United 

12 States since such date, except for brief, casual, 

13 and innocent departures; and 

14 ‘‘(C) was not legally present in the United 

15 States on that date under any classification set 

16 forth in section 101(a)(15). 

17 ‘‘(2) EMPLOYMENT.— 

18 ‘‘(A) IN GENERAL.—The alien shall estab19 lish that the alien— 

20 ‘‘(i) was employed in the United 

21 States, whether full time, part time, sea22 sonally, or self-employed, before January 

23 7, 2004; and 

24 ‘‘(ii) has been continuously employed 

25 in the United States since that date, exVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 cept for brief periods of unemployment 

2 lasting not longer than 60 days. 

3 ‘‘(B) EVIDENCE OF EMPLOYMENT.— 

4 ‘‘(i) IN GENERAL.—An alien may con5 clusively establish employment status in 

6 compliance with subparagraph (A) by sub7 mitting to the Secretary of Homeland Se8 curity records demonstrating such employ9 ment maintained by— 

10 ‘‘(I) the Social Security Adminis11 tration, Internal Revenue Service, or 

12 by any other Federal, State, or local 

13 government agency; 

14 ‘‘(II) an employer; or 

15 ‘‘(III) a labor union, day labor 

16 center, or an organization that assists 

17 workers in matters related to employ18 ment. 

19 ‘‘(ii) OTHER DOCUMENTS.—An alien 

20 who is unable to submit a document de21 scribed in subclauses (I) through (III) of 

22 clause (i) may satisfy the requirement in 

23 subparagraph (A) by submitting to the 

24 Secretary at least 2 other types of reliable 


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1 documents that provide evidence of em2 ployment, including— 

3 ‘‘(I) bank records; 

4 ‘‘(II) business records; 

5 ‘‘(III) sworn affidavits from non6 relatives who have direct knowledge of 

7 the alien’s work, including the name, 

8 address, and phone number of the af9 fiant, the nature and duration of the 

10 relationship between the affiant and 

11 the alien, and other verification infor12 mation; or 

13 ‘‘(IV) remittance records. 

14 ‘‘(iii) INTENT OF CONGRESS.—It is 

15 the intent of Congress that the require16 ment in this subsection be interpreted and 

17 implemented in a manner that recognizes 

18 and takes into account the difficulties en19 countered by aliens in obtaining evidence 

20 of employment due to the undocumented 

21 status of the alien. 

22 ‘‘(iv) BURDEN OF PROOF.—An alien 

23 who is applying for adjustment of status 

24 under this section has the burden of prov25 ing by a preponderance of the evidence 


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1 that the alien has satisfied the require2 ments of this subsection. An alien may 

3 meet such burden of proof by producing 

4 sufficient evidence to demonstrate such 

5 employment as a matter of reasonable in6 ference. 

7 ‘‘(C) EXEMPTION.—The employment re8 quirement under subparagraph (A) shall not 

9 apply to any individual who is 65 years of age 

10 or older on the date of the enactment of the 

11 Immigrant Accountability Act of 2007. 

12 ‘‘(3) ADMISSIBILITY.— 

13 ‘‘(A) IN GENERAL.—The alien shall estab14 lish that such alien— 

15 ‘‘(i) is admissible to the United 

16 States, except as provided as in (B); and 

17 ‘‘(ii) has not assisted in the persecu18 tion of any person or persons on account 

19 of race, religion, nationality, membership 

20 in a particular social group, or political 

21 opinion. 

22 ‘‘(B) GROUNDS NOT APPLICABLE.—The 

23 provisions of paragraphs (5), (6)(A), (7), and 

24 (9)(B) of section 212(a) shall not apply. 


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1 ‘‘(C) WAIVER.—The Secretary of Home2 land Security may waive any other provision of 

3 section 212(a), or a ground of ineligibility 

4 under paragraph (4), in the case of individual 

5 aliens for humanitarian purposes, to assure 

6 family unity, or when it is otherwise in the pub7 lic interest. 

8 ‘‘(4) INELIGIBILITY.— 

9 ‘‘(A) IN GENERAL.—The alien is ineligible 

10 for Deferred Mandatory Departure status if the 

11 alien— 

12 ‘‘(i) has been ordered removed from 

13 the United States— 

14 ‘‘(I) for overstaying the period of 

15 authorized admission under section 

16 217; 

17 ‘‘(II) under section 235 or 238; 

18 or 

19 ‘‘(III) pursuant to a final order 

20 of removal under section 240; 

21 ‘‘(ii) the alien failed to depart the 

22 United States during the period of a vol23 untary departure order issued under sec24 tion 240B; 


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1 ‘‘(iii) the alien is subject to section 

2 241(a)(5); 

3 ‘‘(iv) the Secretary of Homeland Secu4 rity determines that— 

5 ‘‘(I) the alien, having been con6 victed by a final judgment of a serious 

7 crime, constitutes a danger to the 

8 community of the United States; 

9 ‘‘(II) there are reasonable 

10 grounds for believing that the alien 

11 has committed a serious crime outside 

12 the United States prior to the arrival 

13 of the alien in the United States; or 

14 ‘‘(III) there are reasonable 

15 grounds for regarding the alien as a 

16 danger to the security of the United 

17 States; or 

18 ‘‘(v) the alien has been convicted of a 

19 felony or 3 or more misdemeanors. 

20 ‘‘(B) EXCEPTION.—Notwithstanding sub21 paragraph (A), an alien who has not been or22 dered removed from the United States shall re23 main eligible for adjustment to lawful perma24 nent resident status under this section if the 


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1 alien’s ineligibility under subparagraph (A) is 

2 solely related to the alien’s— 

3 ‘‘(i) entry into the United States with4 out inspection; 

5 ‘‘(ii) remaining in the United States 

6 beyond the period of authorized admission; 

7 or 

8 ‘‘(iii) failure to maintain legal status 

9 while in the United States. 

10 ‘‘(C) WAIVER.—The Secretary may, in the 

11 Secretary’s sole and unreviewable discretion, 

12 waive the application of subparagraph (A) if the 

13 alien was ordered removed on the basis that the 

14 alien— 

15 ‘‘(i)(I) entered without inspection; 

16 ‘‘(II) failed to maintain status; or 

17 ‘‘(III) was ordered removed under 

18 212(a)(6)(C)(i) prior to April 7, 2006; and 

19 ‘‘(ii)(I) demonstrates that the alien 

20 did not receive notice of removal pro21 ceedings in accordance with paragraph (1) 

22 or (2) of section 239(a); 

23 ‘‘(II) establishes that the alien’s fail24 ure to appear was due to exceptional cirVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 cumstances beyond the control of the alien; 

2 or 

3 ‘‘(III) the alien’s departure from the 

4 United States now would result in extreme 

5 hardship to the alien’s spouse, parent, or 

6 child who is a citizen of the United States 

7 or an alien lawfully admitted for perma8 nent residence. 

9 ‘‘(5) MEDICAL EXAMINATION.—The alien may 

10 be required, at the alien’s expense, to undergo such 

11 a medical examination (including a determination of 

12 immunization status) as is appropriate and conforms 

13 to generally accepted professional standards of med14 ical practice. 

15 ‘‘(6) TERMINATION.—The Secretary of Home16 land Security may terminate an alien’s Deferred 

17 Mandatory Departure status if— 

18 ‘‘(A) the Secretary of Homeland Security 

19 determines that the alien was not in fact eligi20 ble for such status; or 

21 ‘‘(B) the alien commits an act that makes 

22 the alien removable from the United States. 

23 ‘‘(7) APPLICATION CONTENT AND WAIVER.— 

24 ‘‘(A) APPLICATION FORM.—The Secretary 

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1 tion form that an alien shall be required to 

2 complete as a condition of obtaining Deferred 

3 Mandatory Departure status. 

4 ‘‘(B) CONTENT.—In addition to any other 

5 information that the Secretary requires to de6 termine an alien’s eligibility for Deferred Man7 datory Departure, the Secretary shall require 

8 an alien to answer questions concerning the 

9 alien’s physical and mental health, criminal his10 tory, gang membership, renunciation of gang 

11 affiliation, immigration history, involvement 

12 with groups or individuals that have engaged in 

13 terrorism, genocide, persecution, or who seek 

14 the overthrow of the United States Government, 

15 voter registration history, claims to United 

16 States citizenship, and tax history. 

17 ‘‘(C) WAIVER.—The Secretary of Home18 land Security shall require an alien to include 

19 with the application a waiver of rights that ex20 plains to the alien that, in exchange for the dis21 cretionary benefit of obtaining Deferred Manda22 tory Departure status, the alien agrees to waive 

23 any right to judicial review or to contest any re24 moval action, other than on the basis of an ap25 plication for asylum or restriction of removal 


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1 pursuant to the provisions contained in section 

2 208 or 241(b)(3), or under the Convention 

3 Against Torture and Other Cruel, Inhuman or 

4 Degrading Treatment or Punishment, done at 

5 New York December 10, 1984, or cancellation 

6 of removal pursuant to section 240A(a). 

7 ‘‘(D) KNOWLEDGE.—The Secretary of 

8 Homeland Security shall require an alien to in9 clude with the application a signed certification 

10 in which the alien certifies that the alien has 

11 read and understood all of the questions and 

12 statements on the application form, and that 

13 the alien certifies under penalty of perjury 

14 under the laws of the United States that the 

15 application, and any evidence submitted with it, 

16 are all true and correct, and that the applicant 

17 authorizes the release of any information con18 tained in the application and any attached evi19 dence for law enforcement purposes. 

20 ‘‘(c) IMPLEMENTATION AND APPLICATION TIME PE21 RIODS.— 

22 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

23 Security shall ensure that the application process is 

24 secure and incorporates antifraud protection. The 

25 Secretary of Homeland Security shall interview an 


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1 alien to determine eligibility for Deferred Mandatory 

2 Departure status and shall utilize biometric authen3 tication at time of document issuance. 

4 ‘‘(2) INITIAL RECEIPT OF APPLICATIONS.—The 

5 Secretary of Homeland Security shall begin accept6 ing applications for Deferred Mandatory Departure 

7 status not later than 3 months after the date on 

8 which the application form is first made available. 

9 ‘‘(3) APPLICATION.—An alien must submit an 

10 initial application for Deferred Mandatory Depar11 ture status not later than 6 months after the date 

12 on which the application form is first made avail13 able. An alien that fails to comply with this require14 ment is ineligible for Deferred Mandatory Departure 

15 status. The provisions under subsections (e) and (f) 

16 of section 245B shall apply to applications filed 

17 under this section. 

18 ‘‘(4) COMPLETION OF PROCESSING.—The Sec19 retary of Homeland Security shall ensure that all 

20 applications for Deferred Mandatory Departure sta21 tus are processed not later than 12 months after the 

22 date on which the application form is first made 

23 available. 

24 ‘‘(d) SECURITY AND LAW ENFORCEMENT BACK25 GROUND CHECKS.—An alien may not be granted Deferred 


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1 Mandatory Departure status unless the alien submits bio2 metric data in accordance with procedures established by 

3 the Secretary of Homeland Security. The Secretary of 

4 Homeland Security may not grant Deferred Mandatory 

5 Departure status until all appropriate background checks 

6 are completed to the satisfaction of the Secretary of 

7 Homeland Security. 

8 ‘‘(e) ACKNOWLEDGMENT.— 

9 ‘‘(1) IN GENERAL.—An alien who applies for 

10 Deferred Mandatory Departure status shall submit 

11 to the Secretary of Homeland Security— 

12 ‘‘(A) an acknowledgment made in writing 

13 and under oath that the alien— 

14 ‘‘(i) is unlawfully present in the 

15 United States and subject to removal or 

16 deportation, as appropriate, under this 

17 Act; and 

18 ‘‘(ii) understands the terms of the 

19 terms of Deferred Mandatory Departure; 

20 ‘‘(B) any Social Security account number 

21 or card in the possession of the alien or relied 

22 upon by the alien; 

23 ‘‘(C) any false or fraudulent documents in 

24 the alien’s possession. 


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1 ‘‘(2) USE OF INFORMATION.—None of the doc2 uments or other information provided in accordance 

3 with paragraph (1) may be used in a criminal pro4 ceeding against the alien providing such documents 

5 or information. 

6 ‘‘(f) MANDATORY DEPARTURE.— 

7 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

8 Security shall grant Deferred Mandatory Departure 

9 status to an alien who meets the requirements of 

10 this section for a period not to exceed 3 years. 

11 ‘‘(2) REGISTRATION AT TIME OF DEPAR12 TURE.—An alien granted Deferred Mandatory De13 parture shall— 

14 ‘‘(A) depart from the United States before 

15 the expiration of the period of Deferred Manda16 tory Departure status; 

17 ‘‘(B) register with the Secretary of Home18 land Security at the time of departure; and 

19 ‘‘(C) surrender any evidence of Deferred 

20 Mandatory Departure status at the time of de21 parture. 

22 ‘‘(3) APPLICATION FOR READMISSION.— 

23 ‘‘(A) IN GENERAL.—An alien under this 

24 section may apply for admission to the United 

25 States as an immigrant or nonimmigrant while 


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1 in the United States or from any location out2 side of the United States, but may not be 

3 granted admission until the alien has departed 

4 from the United States in accordance with 

5 paragraph (2). 

6 ‘‘(B) APPROVAL.—The Secretary may ap7 prove an application under subparagraph (A) 

8 during the period in which the alien is present 

9 in the United States under Deferred Mandatory 

10 Departure status. 

11 ‘‘(C) US–VISIT.—An alien in Deferred 

12 Mandatory Departure status who is seeking ad13 mission as a nonimmigrant or immigrant alien 

14 may exit the United States and immediately re15 enter the United States at any land port of 

16 entry at which the US–VISIT exit and entry 

17 system can process such alien for admission 

18 into the United States. 

19 ‘‘(D) INTERVIEW REQUIREMENTS.—Not20 withstanding any other provision of law, any 

21 admission requirement involving in-person 

22 interviews at a consulate of the United States 

23 shall be waived for aliens granted Deferred 

24 Mandatory Departure status under this section. 


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1 ‘‘(E) WAIVER OF NUMERICAL LIMITA2 TIONS.—The numerical limitations under sec3 tion 214 shall not apply to any alien who is ad4 mitted as a nonimmigrant under this para5 graph. 

6 ‘‘(4) EFFECT OF READMISSION ON SPOUSE OR

7 CHILD.—The spouse or child of an alien granted De8 ferred Mandatory Departure and subsequently 

9 granted an immigrant or nonimmigrant visa before 

10 departing the United States shall be— 

11 ‘‘(A) deemed to have departed under this 

12 section upon the successful admission of the 

13 principal alien; and 

14 ‘‘(B) eligible for the derivative benefits as15 sociated with the immigrant or nonimmigrant 

16 visa granted to the principal alien without re17 gard to numerical caps related to such visas. 

18 ‘‘(5) WAIVERS.—The Secretary of Homeland 

19 Security may waive the departure requirement under 

20 this subsection if the alien— 

21 ‘‘(A) is granted an immigrant or non22 immigrant visa; and 

23 ‘‘(B) can demonstrate that the departure 

24 of the alien would create a substantial hardship 


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1 on the alien or an immediate family member of 

2 the alien. 

3 ‘‘(6) RETURN IN LEGAL STATUS.—An alien who 

4 complies with the terms of Deferred Mandatory De5 parture status and who departs before the expiration 

6 of such status— 

7 ‘‘(A) shall not be subject to section 

8 212(a)(9)(B); 

9 ‘‘(B) if otherwise eligible, may immediately 

10 seek admission as a nonimmigrant or immi11 grant; and 

12 ‘‘(C) is eligible to be employed by an em13 ployer in the United States regardless of wheth14 er the employer has complied with the require15 ments of section 218B(b)(7). 

16 ‘‘(7) FAILURE TO DEPART.—An alien who fails 

17 to depart the United States prior to the expiration 

18 of Mandatory Deferred Departure status is not eligi19 ble and may not apply for or receive any immigra20 tion relief or benefit under this Act or any other law 

21 for a period of 10 years, with the exception of sec22 tion 208 or 241(b)(3) or the Convention Against 

23 Torture and Other Cruel, Inhuman or Degrading 

24 Treatment or Punishment, done at New York De25 cember 10, 1984, in the case of an alien who indiVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 cates either an intention to apply for asylum under 

2 section 208 or a fear of persecution or torture. 

3 ‘‘(8) PENALTIES FOR DELAYED DEPARTURE.— 

4 An alien who fails to depart immediately shall be 

5 subject to— 

6 ‘‘(A) no fine if the alien departs not later 

7 than 1 year after the grant of Deferred Manda8 tory Departure; 

9 ‘‘(B) a fine of $2,000 if the alien does not 

10 depart within 2 years after the grant of De11 ferred Mandatory Departure; and 

12 ‘‘(C) a fine of $3,000 if the alien does not 

13 depart within 3 years after the grant of De14 ferred Mandatory Departure. 

15 ‘‘(g) EVIDENCE OF DEFERRED MANDATORY DEPAR16 TURE STATUS.—Evidence of Deferred Mandatory Depar17 ture status shall be machine-readable and tamper-resist18 ant, shall allow for biometric authentication, and shall 

19 comply with the requirements under section 403 of the 

20 Illegal Immigration Reform and Immigrant Responsibility 

21 Act of 1996 (8 U.S.C. 1324a note). The Secretary of 

22 Homeland Security is authorized to incorporate inte23 grated-circuit technology into the document. The Sec24 retary of Homeland Security shall consult with the Foren25 sic Document Laboratory in designing the document. The 


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1 document may serve as a travel, entry, and work author2 ization document during the period of its validity. The 

3 document may be accepted by an employer as evidence of 

4 employment authorization and identity under section 

5 274A(c). 

6 ‘‘(h) TERMS OF STATUS.— 

7 ‘‘(1) REPORTING.—During the period of De8 ferred Mandatory Departure, an alien shall comply 

9 with all registration requirements under section 264. 

10 ‘‘(2) TRAVEL.— 

11 ‘‘(A) An alien granted Deferred Mandatory 

12 Departure is not subject to section 212(a)(9) 

13 for any unlawful presence that occurred prior to 

14 the Secretary of Homeland Security granting 

15 the alien Deferred Mandatory Departure status. 

16 ‘‘(B) Under regulations established by the 

17 Secretary of Homeland Security, an alien grant18 ed Deferred Mandatory Departure— 

19 ‘‘(i) may travel outside of the United 

20 States and may be readmitted if the period 

21 of Deferred Mandatory Departure status 

22 has not expired; and 

23 ‘‘(ii) must establish at the time of ap24 plication for admission that the alien is ad25 missible under section 212. 


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•S 1348 PCS

1 ‘‘(C) EFFECT ON PERIOD OF AUTHORIZED

2 ADMISSION.—Time spent outside the United 

3 States under subparagraph (B) shall not extend 

4 the period of Deferred Mandatory Departure 

5 status. 

6 ‘‘(3) BENEFITS.—During the period in which 

7 an alien is granted Deferred Mandatory Departure 

8 under this section— 

9 ‘‘(A) the alien shall not be considered to be 

10 permanently residing in the United States 

11 under the color of law and shall be treated as 

12 a nonimmigrant admitted under section 214; 

13 and 

14 ‘‘(B) the alien may be deemed ineligible for 

15 public assistance by a State (as defined in sec16 tion 101(a)(36)) or any political subdivision 

17 thereof which furnishes such assistance. 

18 ‘‘(i) PROHIBITION ON CHANGE OF STATUS OR AD19 JUSTMENT OF STATUS.— 

20 ‘‘(1) IN GENERAL.—Before leaving the United 

21 States, an alien granted Deferred Mandatory Depar22 ture status may not apply to change status under 

23 section 248. 


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1 ‘‘(2) ADJUSTMENT OF STATUS.—An alien may 

2 not adjust to an immigrant classification under this 

3 section until after the earlier of— 

4 ‘‘(A) the consideration of all applications 

5 filed under section 201, 202, or 203 before the 

6 date of enactment of this section; or 

7 ‘‘(B) 8 years after the date of enactment 

8 of this section. 

9 ‘‘(j) APPLICATION FEE.— 

10 ‘‘(1) IN GENERAL.—An alien seeking a grant of 

11 Deferred Mandatory Departure status shall submit, 

12 in addition to any other fees authorized by law, an 

13 application fee of $1,000. 

14 ‘‘(2) USE OF FEE.—The fees collected under 

15 paragraph (1) shall be available for use by the Sec16 retary of Homeland Security for activities to iden17 tify, locate, or remove illegal aliens. 

18 ‘‘(3) STATE IMPACT ASSISTANCE FEE.— 

19 ‘‘(A) IN GENERAL.—In addition to any 

20 other amounts required to be paid under this 

21 subsection, an alien seeking Deferred Manda22 tory Departure status shall submit, at the time 

23 the alien files an application under this section, 

24 a State impact assistance fee equal to $750. 


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1 ‘‘(B) USE OF FEE.—The fees collected 

2 under subparagraph (A) shall be deposited in 

3 the State Impact Assistance Account estab4 lished under section 286(x). 

5 ‘‘(k) FAMILY MEMBERS.— 

6 ‘‘(1) IN GENERAL.—Subject to subsection 

7 (f)(4), the spouse or child of an alien granted De8 ferred Mandatory Departure status is subject to the 

9 same terms and conditions as the principal alien. 

10 ‘‘(2) APPLICATION FEE.— 

11 ‘‘(A) IN GENERAL.—The spouse or child of 

12 an alien seeking Deferred Mandatory Departure 

13 status shall submit, in addition to any other fee 

14 authorized by law, an additional fee of $500. 

15 ‘‘(B) USE OF FEE.—The fees collected 

16 under subparagraph (A) shall be available for 

17 use by the Secretary of Homeland Security for 

18 activities to identify, locate, or remove aliens 

19 who are removable under section 237. 

20 ‘‘(3) STATE IMPACT ASSISTANCE FEE.— 

21 ‘‘(A) IN GENERAL.—In addition to any 

22 other amounts required to be paid under this 

23 subsection, the spouse and each child of an 

24 alien seeking Deferred Mandatory Departure 


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1 status shall submit a State impact assistance 

2 fee equal to $100. 

3 ‘‘(B) USE OF FEE.—The fees collected 

4 under subparagraph (A) shall be deposited in 

5 the State Impact Assistance Account estab6 lished under section 286(x). 

7 ‘‘(l) EMPLOYMENT.— 

8 ‘‘(1) IN GENERAL.—An alien who has applied 

9 for or has been granted Deferred Mandatory Depar10 ture status may be employed in the United States. 

11 ‘‘(2) CONTINUOUS EMPLOYMENT.—An alien 

12 granted Deferred Mandatory Departure status must 

13 be employed while in the United States. An alien 

14 who fails to be employed for 60 days is ineligible for 

15 hire until the alien has departed the United States 

16 and reentered. The Secretary of Homeland Security 

17 may reauthorize an alien for employment without re18 quiring the alien’s departure from the United States. 

19 ‘‘(m) ENUMERATION OF SOCIAL SECURITY NUM20 BER.—The Secretary of Homeland Security, in coordina21 tion with the Commissioner of the Social Security system, 

22 shall implement a system to allow for the enumeration of 

23 a Social Security number and production of a Social Secu24 rity card at the time the Secretary of Homeland Security 

25 grants an alien Deferred Mandatory Departure status. 


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1 ‘‘(n) PENALTIES FOR FALSE STATEMENTS IN APPLI2 CATION FOR DEFERRED MANDATORY DEPARTURE.— 

3 ‘‘(1) CRIMINAL PENALTY.— 

4 ‘‘(A) VIOLATION.—It shall be unlawful for 

5 any person— 

6 ‘‘(i) to file or assist in filing an appli7 cation for adjustment of status under this 

8 section and knowingly and willfully falsify, 

9 misrepresent, conceal, or cover up a mate10 rial fact or make any false, fictitious, or 

11 fraudulent statements or representations, 

12 or make or use any false writing or docu13 ment knowing the same to contain any 

14 false, fictitious, or fraudulent statement or 

15 entry; or 

16 ‘‘(ii) to create or supply a false writ17 ing or document for use in making such an 

18 application. 

19 ‘‘(B) PENALTY.—Any person who violates 

20 subparagraph (A) shall be fined in accordance 

21 with title 18, United States Code, imprisoned 

22 not more than 5 years, or both. 

23 ‘‘(2) INADMISSIBILITY.—An alien who is con24 victed of a crime under paragraph (1) shall be conVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 sidered to be inadmissible to the United States on 

2 the ground described in section 212(a)(6)(C)(i). 

3 ‘‘(o) RELATION TO CANCELLATION OF REMOVAL.— 

4 With respect to an alien granted Deferred Mandatory De5 parture status under this section, the period of such status 

6 shall not be counted as a period of physical presence in 

7 the United States for purposes of section 240A(a), unless 

8 the Secretary of Homeland Security determines that ex9 treme hardship exists. 

10 ‘‘(p) WAIVER OF RIGHTS.—An alien is not eligible 

11 for Deferred Mandatory Departure status, unless the alien 

12 has waived any right under subsection (b)(7)(C), other 

13 than on the basis of an application for asylum, restriction 

14 of removal, or protection under the Convention Against 

15 Torture and Other Cruel, Inhuman or Degrading Treat16 ment or Punishment, done at New York December 10, 

17 1984, or cancellation of removal pursuant to section 

18 240A(a), any action for deportation or removal of the alien 

19 that is instituted against the alien subsequent to a grant 

20 of Deferred Mandatory Departure status. 

21 ‘‘(q) DENIAL OF DISCRETIONARY RELIEF.—The de22 termination of whether an alien is eligible for a grant of 

23 Deferred Mandatory Departure status is solely within the 

24 discretion of the Secretary of Homeland Security. NotVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 withstanding any other provision of law, no court shall 

2 have jurisdiction to review— 

3 ‘‘(1) any judgment regarding the granting of 

4 relief under this section; or 

5 ‘‘(2) any other decision or action of the Sec6 retary of Homeland Security the authority for which 

7 is specified under this section to be in the discretion 

8 of the Secretary, other than the granting of relief 

9 under section 208(a). 

10 ‘‘(r) JUDICIAL REVIEW.— 

11 ‘‘(1) LIMITATIONS ON RELIEF.—Without regard 

12 to the nature of the action or claim and without re13 gard to the identity of the party or parties bringing 

14 the action, no court may— 

15 ‘‘(A) enter declaratory, injunctive, or other 

16 equitable relief in any action pertaining to— 

17 ‘‘(i) an order or notice denying an 

18 alien a grant of Deferred Mandatory De19 parture status or any other benefit arising 

20 from such status; or 

21 ‘‘(ii) an order of removal, exclusion, or 

22 deportation entered against an alien after 

23 a grant of Deferred Mandatory Departure 

24 status; or 


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1 ‘‘(B) certify a class under Rule 23 of the 

2 Federal Rules of Civil Procedure in any action 

3 for which judicial review is authorized under a 

4 subsequent paragraph of this subsection. 

5 ‘‘(2) CHALLENGES TO VALIDITY.— 

6 ‘‘(A) IN GENERAL.—Any right or benefit 

7 not otherwise waived or limited pursuant this 

8 section is available in an action instituted in the 

9 United States District Court for the District of 

10 Columbia, but shall be limited to determina11 tions of— 

12 ‘‘(i) whether such section, or any reg13 ulation issued to implement such section, 

14 violates the Constitution of the United 

15 States; or 

16 ‘‘(ii) whether such a regulation, or a 

17 written policy directive, written policy 

18 guideline, or written procedure issued by 

19 or under the authority of the Secretary of 

20 Homeland Security to implement such sec21 tion, is not consistent with applicable pro22 visions of this section or is otherwise in 

23 violation of law.’’. 

24 (2) TABLE OF CONTENTS.—The table of con25 tents (8 U.S.C. 1101 et seq.), as amended by this 


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1 subsection (b)(2), is further amended by inserting 

2 after the item relating to section 245B the following: 

‘‘245C. Mandatory Departure and Reentry.’’. 

3 (3) CONFORMING AMENDMENT.—Section 

4 237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) 

5 is amended by inserting ‘‘(or 6 months in the case 

6 of an alien granted Deferred Mandatory Departure 

7 status under section 245C)’’ after ‘‘imposed’’. 

8 (4) STATUTORY CONSTRUCTION.—Nothing in 

9 this subsection, or any amendment made by this 

10 subsection, shall be construed to create any sub11 stantive or procedural right or benefit that is legally 

12 enforceable by any party against the United States 

13 or its agencies or officers or any other person. 

14 (5) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated such 

16 amounts as may be necessary for facilities, personnel 

17 (including consular officers), training, technology, 

18 and processing necessary to carry out the amend19 ments made by this subsection. 

20 (d) CORRECTION OF SOCIAL SECURITY RECORDS.— 

21 Section 208(e)(1) of the Social Security Act (42 U.S.C. 

22 408(e)(1)) is amended— 

23 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

24 the end; 


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1 (2) in subparagraph (C), by inserting ‘‘or’’ at 

2 the end; 

3 (3) by inserting after subparagraph (C) the fol4 lowing: 

5 ‘‘(D) whose status is adjusted to that of 

6 lawful permanent resident under section 245B 

7 of the Immigration and Nationality Act,’’; and 

8 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

9 in the case of an alien described in subparagraph 

10 (D), if such conduct is alleged to have occurred prior 

11 to the date on which the alien became lawfully ad12 mitted for temporary residence.’’. 

13 (e) STATE IMPACT ASSISTANCE ACCOUNT.—Section 

14 286 (8 U.S.C. 1356) is amended by inserting after sub15 section (w) the following: 

16 ‘‘(x) STATE IMPACT ASSISTANCE ACCOUNT.— 

17 ‘‘(1) ESTABLISHMENT.—There is established in 

18 the general fund of the Treasury a separate account, 

19 which shall be known as the ‘State Impact Assist20 ance Account’. 

21 ‘‘(2) SOURCE OF FUNDS.—Notwithstanding any 

22 other provision under this Act, there shall be depos23 ited as offsetting receipts into the State Impact As24 sistance Account all State impact assistance fees colVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 lected under section 245B(m)(5) and subsections 

2 (j)(3) and (k)(3) of section 245C. 

3 ‘‘(3) USE OF FUNDS.—Amounts deposited into 

4 the State Impact Assistance Account may only be 

5 used to carry out the State Impact Assistance Grant 

6 Program established under paragraph (4). 

7 ‘‘(4) STATE IMPACT ASSISTANCE GRANT PRO8 GRAM.— 

9 ‘‘(A) ESTABLISHMENT.—The Secretary of 

10 Health and Human Services, in consultation 

11 with the Secretary of Education, shall establish 

12 the State Impact Assistance Grant Program 

13 (referred to in this section as the ‘Program’), 

14 under which the Secretary may award grants to 

15 States to provide health and education services 

16 to noncitizens in accordance with this para17 graph. 

18 ‘‘(B) STATE ALLOCATIONS.—The Sec19 retary of Health and Human Services shall an20 nually allocate the amounts available in the 

21 State Impact Assistance Account among the 

22 States as follows: 

23 ‘‘(i) NONCITIZEN POPULATION.— 

24 Eighty percent of such amounts shall be 


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1 allocated so that each State receives the 

2 greater of— 

3 ‘‘(I) $5,000,000; or 

4 ‘‘(II) after adjusting for alloca5 tions under subclause (I), the percent6 age of the amount to be distributed 

7 under this clause that is equal to the 

8 noncitizen resident population of the 

9 State divided by the noncitizen resi10 dent population of all States, based on 

11 the most recent data available from 

12 the Bureau of the Census. 

13 ‘‘(ii) HIGH GROWTH RATES.—Twenty 

14 percent of such amounts shall be allocated 

15 among the 20 States with the largest 

16 growth rates in noncitizen resident popu17 lation, as determined by the Secretary of 

18 Health and Human Services, so that each 

19 such State receives the percentage of the 

20 amount distributed under this clause that 

21 is equal to— 

22 ‘‘(I) the growth rate in the non23 citizen resident population of the 

24 State during the most recent 3-year 


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1 period for which data is available from 

2 the Bureau of the Census; divided by 

3 ‘‘(II) the average growth rate in 

4 noncitizen resident population for the 

5 20 States during such 3-year period. 

6 ‘‘(iii) LEGISLATIVE APPROPRIA7 TIONS.—The use of grant funds allocated 

8 to States under this paragraph shall be 

9 subject to appropriation by the legislature 

10 of each State in accordance with the terms 

11 and conditions under this paragraph. 

12 ‘‘(C) FUNDING FOR LOCAL GOVERN13 MENT.— 

14 ‘‘(i) DISTRIBUTION CRITERIA.—Grant 

15 funds received by States under this para16 graph shall be distributed to units of local 

17 government based on need and function. 

18 ‘‘(ii) MINIMUM DISTRIBUTION.—Ex19 cept as provided in clause (iii), a State 

20 shall distribute not less than 30 percent of 

21 the grant funds received under this para22 graph to units of local government not 

23 later than 180 days after receiving such 

24 funds. 


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1 ‘‘(iii) EXCEPTION.—If an eligible unit 

2 of local government that is available to 

3 carry out the activities described in sub4 paragraph (D) cannot be found in a State, 

5 the State does not need to comply with 

6 clause (ii). 

7 ‘‘(iv) UNEXPENDED FUNDS.—Any 

8 grant funds distributed by a State to a 

9 unit of local government that remain unex10 pended as of the end of the grant period 

11 shall revert to the State for redistribution 

12 to another unit of local government. 

13 ‘‘(D) USE OF FUNDS.—States and units of 

14 local government shall use grant funds received 

15 under this paragraph to provide health services, 

16 educational services, and related services to 

17 noncitizens within their jurisdiction directly, or 

18 through contracts with eligible services pro19 viders, including— 

20 ‘‘(i) health care providers; 

21 ‘‘(ii) local educational agencies; and 

22 ‘‘(iii) charitable and religious organi23 zations. 

24 ‘‘(E) STATE DEFINED.—In this paragraph, 

25 the term ‘State’ means each of the several 


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1 States of the United States, the District of Co2 lumbia, the Commonwealth of Puerto Rico, the 

3 Virgin Islands, Guam, American Samoa, and 

4 the Commonwealth of the Northern Mariana Is5 lands. 

6 ‘‘(F) CERTIFICATION.—In order to receive 

7 a payment under this section, the State shall 

8 provide the Secretary of Health and Human 

9 Services with a certification that the State’s 

10 proposed uses of the fund are consistent with 

11 (D). 

12 ‘‘(G) ANNUAL REPORT.—The Secretary of 

13 Health and Human Services shall inform the 

14 States annually of the amount of funds avail15 able to each State under the Program.’’. 

16 Subtitle B—Agricultural Job Op17 portunities, Benefits, and Secu18 rity 

19 SEC. 611. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Agricultural Job 

21 Opportunities, Benefits, and Security Act of 2007’’ or the 

22 ‘‘AgJOBS Act of 2007’’. 

23 SEC. 612. DEFINITIONS. 

24 In this subtitle: 


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1 (1) AGRICULTURAL EMPLOYMENT.—The term 

2 ‘‘agricultural employment’’ means any service or ac3 tivity that is considered to be agricultural under sec4 tion 3(f) of the Fair Labor Standards Act of 1938 

5 (29 U.S.C. 203(f)) or agricultural labor under sec6 tion 3121(g) of the Internal Revenue Code of 1986 

7 (26 U.S.C. 3121(g)). For purposes of this para8 graph, agricultural employment includes employment 

9 under section 101(a)(15)(H)(ii)(a) of the Immigra10 tion and Nationality Act (8 U.S.C. 

11 1101(a)(15)(H)(ii)(a)). 

12 (2) BLUE CARD STATUS.—The term ‘‘blue card 

13 status’’ means the status of an alien who has been 

14 lawfully admitted into the United States for tem15 porary residence under section 613(a). 

16 (3) EMPLOYER.—The term ‘‘employer’’ means 

17 any person or entity, including any farm labor con18 tractor and any agricultural association, that em19 ploys workers in agricultural employment. 

20 (4) JOB OPPORTUNITY.—The term ‘‘job oppor21 tunity’’ means a job opening for temporary full-time 

22 employment at a place in the United States to which 

23 United States workers can be referred. 


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1 (5) TEMPORARY.—A worker is employed on a 

2 ‘‘temporary’’ basis where the employment is in3 tended not to exceed 10 months. 

4 (6) UNITED STATES WORKER.—The term 

5 ‘‘United States worker’’ means any worker, whether 

6 a United States citizen or national, a lawfully admit7 ted permanent resident alien, or any other alien, 

8 who is authorized to work in the job opportunity 

9 within the United States, except an alien admitted 

10 or otherwise provided status under section 

11 101(a)(15)(H)(ii)(a) of the Immigration and Nation12 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)). 

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 CHAPTER 1—PILOT PROGRAM FOR 

17 EARNED STATUS ADJUSTMENT OF AG18 RICULTURAL WORKERS 

19 SEC. 613. AGRICULTURAL WORKERS. 

20 (a) BLUE CARD PROGRAM.— 

21 (1) IN GENERAL.—Notwithstanding any other 

22 provision of law, the Secretary shall confer blue card 

23 status upon an alien who qualifies under this sub24 section if the Secretary determines that the alien— 


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1 (A) has performed agricultural employment 

2 in the United States for at least 863 hours or 

3 150 work days during the 24-month period end4 ing on December 31, 2005; 

5 (B) applied for such status during the 18- 

6 month application period beginning on the first 

7 day of the seventh month that begins after the 

8 date of enactment of this Act; and 

9 (C) is otherwise admissible to the United 

10 States under section 212 of the Immigration 

11 and Nationality Act (8 U.S.C. 1182), except as 

12 otherwise provided under subsection (e)(2). 

13 (2) AUTHORIZED TRAVEL.—An alien in blue 

14 card status has the right to travel abroad (including 

15 commutation from a residence abroad) in the same 

16 manner as an alien lawfully admitted for permanent 

17 residence. 

18 (3) AUTHORIZED EMPLOYMENT.—An alien in 

19 blue card status shall be provided an ‘‘employment 

20 authorized’’ endorsement or other appropriate work 

21 permit, in the same manner as an alien lawfully ad22 mitted for permanent residence. 

23 (4) TERMINATION OF BLUE CARD STATUS.— 

24 (A) IN GENERAL.—The Secretary may ter25 minate blue card status granted under this subVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 section only upon a determination under this 

2 subtitle that the alien is deportable. 

3 (B) GROUNDS FOR TERMINATION OF BLUE

4 CARD STATUS.—Before any alien becomes eligi5 ble for adjustment of status under subsection 

6 (c), the Secretary may deny adjustment to per7 manent resident status and provide for termi8 nation of the blue card status granted such 

9 alien under paragraph (1) if— 

10 (i) the Secretary finds, by a prepon11 derance of the evidence, that the adjust12 ment to blue card status was the result of 

13 fraud or willful misrepresentation (as de14 scribed in section 212(a)(6)(C)(i) of the 

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

16 1182(a)(6)(C)(i)); or 

17 (ii) the alien— 

18 (I) commits an act that makes 

19 the alien inadmissible to the United 

20 States as an immigrant, except as 

21 provided under subsection (e)(2); 

22 (II) is convicted of a felony or 3 

23 or more misdemeanors committed in 

24 the United States; or 


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1 (III) is convicted of an offense, 

2 an element of which involves bodily in3 jury, threat of serious bodily injury, 

4 or harm to property in excess of $500. 

5 (5) RECORD OF EMPLOYMENT.— 

6 (A) IN GENERAL.—Each employer of a 

7 worker granted status under this subsection 

8 shall annually— 

9 (i) provide a written record of employ10 ment to the alien; and 

11 (ii) provide a copy of such record to 

12 the Secretary. 

13 (B) SUNSET.—The obligation under sub14 paragraph (A) shall terminate on the date that 

15 is 6 years after the date of the enactment of 

16 this Act. 

17 (6) REQUIRED FEATURES OF BLUE CARD.—The 

18 Secretary shall provide each alien granted blue card 

19 status and the spouse and children of each such 

20 alien residing in the United States with a card that 

21 contains— 

22 (A) an encrypted, machine-readable, elec23 tronic identification strip that is unique to the 

24 alien to whom the card is issued; 


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1 (B) biometric identifiers, including finger2 prints and a digital photograph; and 

3 (C) physical security features designed to 

4 prevent tampering, counterfeiting, or duplica5 tion of the card for fraudulent purposes. 

6 (7) FINE.—An alien granted blue card status 

7 shall pay a fine to the Secretary in an amount equal 

8 to $100. 

9 (8) MAXIMUM NUMBER.—The Secretary may 

10 issue not more than 1,500,000 blue cards during the 

11 5-year period beginning on the date of the enact12 ment of this Act. 

13 (b) RIGHTS OF ALIENS GRANTED BLUE CARD STA14 TUS.— 

15 (1) IN GENERAL.—Except as otherwise pro16 vided under this subsection, an alien in blue card 

17 status shall be considered to be an alien lawfully ad18 mitted for permanent residence for purposes of any 

19 law other than any provision of the Immigration and 

20 Nationality Act (8 U.S.C. 1101 et seq.). 

21 (2) DELAYED ELIGIBILITY FOR CERTAIN FED22 ERAL PUBLIC BENEFITS.—An alien in blue card sta23 tus shall not be eligible, by reason of such status, for 

24 any form of assistance or benefit described in section 

25 403(a) of the Personal Responsibility and Work OpVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 portunity Reconciliation Act of 1996 (8 U.S.C. 

2 1613(a)) until 5 years after the date on which the 

3 Secretary confers blue card status upon that alien. 

4 (3) TERMS OF EMPLOYMENT RESPECTING

5 ALIENS ADMITTED UNDER THIS SECTION.— 

6 (A) PROHIBITION.—No alien granted blue 

7 card status may be terminated from employ8 ment by any employer during the period of blue 

9 card status except for just cause. 

10 (B) TREATMENT OF COMPLAINTS.— 

11 (i) ESTABLISHMENT OF PROCESS.— 

12 The Secretary shall establish a process for 

13 the receipt, initial review, and disposition 

14 of complaints by aliens granted blue card 

15 status who allege that they have been ter16 minated without just cause. No proceeding 

17 shall be conducted under this subpara18 graph with respect to a termination unless 

19 the Secretary determines that the com20 plaint was filed not later than 6 months 

21 after the date of the termination. 

22 (ii) INITIATION OF ARBITRATION.—If 

23 the Secretary finds that a complaint has 

24 been filed in accordance with clause (i) and 

25 there is reasonable cause to believe that 


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1 the complainant was terminated without 

2 just cause, the Secretary shall initiate 

3 binding arbitration proceedings by request4 ing the Federal Mediation and Conciliation 

5 Service to appoint a mutually agreeable ar6 bitrator from the roster of arbitrators 

7 maintained by such Service for the geo8 graphical area in which the employer is lo9 cated. The procedures and rules of such 

10 Service shall be applicable to the selection 

11 of such arbitrator and to such arbitration 

12 proceedings. The Secretary shall pay the 

13 fee and expenses of the arbitrator, subject 

14 to the availability of appropriations for 

15 such purpose. 

16 (iii) ARBITRATION PROCEEDINGS.— 

17 The arbitrator shall conduct the pro18 ceeding in accordance with the policies and 

19 procedures promulgated by the American 

20 Arbitration Association applicable to pri21 vate arbitration of employment disputes. 

22 The arbitrator shall make findings respect23 ing whether the termination was for just 

24 cause. The arbitrator may not find that 

25 the termination was for just cause unless 


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1 the employer so demonstrates by a prepon2 derance of the evidence. If the arbitrator 

3 finds that the termination was not for just 

4 cause, the arbitrator shall make a specific 

5 finding of the number of days or hours of 

6 work lost by the employee as a result of 

7 the termination. The arbitrator shall have 

8 no authority to order any other remedy, in9 cluding, but not limited to, reinstatement, 

10 back pay, or front pay to the affected em11 ployee. Within 30 days from the conclusion 

12 of the arbitration proceeding, the arbi13 trator shall transmit the findings in the 

14 form of a written opinion to the parties to 

15 the arbitration and the Secretary. Such 

16 findings shall be final and conclusive, and 

17 no official or court of the United States 

18 shall have the power or jurisdiction to re19 view any such findings. 

20 (iv) EFFECT OF ARBITRATION FIND21 INGS.—If the Secretary receives a finding 

22 of an arbitrator that an employer has ter23 minated an alien granted blue card status 

24 without just cause, the Secretary shall 

25 credit the alien for the number of days or 


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1 hours of work lost for purposes of the re2 quirement of subsection (c)(1). 

3 (v) TREATMENT OF ATTORNEY’S

4 FEES.—The parties shall bear the cost of 

5 their own attorney’s fees involved in the 

6 litigation of the complaint. 

7 (vi) NONEXCLUSIVE REMEDY.—The 

8 complaint process provided for in this sub9 paragraph is in addition to any other 

10 rights an employee may have in accordance 

11 with applicable law. 

12 (vii) EFFECT ON OTHER ACTIONS OR

13 PROCEEDINGS.—Any finding of fact or 

14 law, judgment, conclusion, or final order 

15 made by an arbitrator in the proceeding 

16 before the Secretary shall not be conclusive 

17 or binding in any separate or subsequent 

18 action or proceeding between the employee 

19 and the employee’s current or prior em20 ployer brought before an arbitrator, admin21 istrative agency, court, or judge of any 

22 State or the United States, regardless of 

23 whether the prior action was between the 

24 same or related parties or involved the 

25 same facts, except that the arbitrator’s 


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1 specific finding of the number of days or 

2 hours of work lost by the employee as a re3 sult of the employment termination may be 

4 referred to the Secretary pursuant to 

5 clause (iv). 

6 (C) CIVIL PENALTIES.— 

7 (i) IN GENERAL.—If the Secretary 

8 finds, after notice and opportunity for a 

9 hearing, that an employer of an alien 

10 granted blue card status has failed to pro11 vide the record of employment required 

12 under subsection (a)(5) or has provided a 

13 false statement of material fact in such a 

14 record, the employer shall be subject to a 

15 civil money penalty in an amount not to 

16 exceed $1,000 per violation. 

17 (ii) LIMITATION.—The penalty appli18 cable under clause (i) for failure to provide 

19 records shall not apply unless the alien has 

20 provided the employer with evidence of em21 ployment authorization granted under this 

22 section. 

23 (c) ADJUSTMENT TO PERMANENT RESIDENCE.— 

24 (1) AGRICULTURAL WORKERS.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the Secretary shall adjust 

3 the status of an alien granted blue card status 

4 to that of an alien lawfully admitted for perma5 nent residence if the Secretary determines that 

6 the following requirements are satisfied: 

7 (i) QUALIFYING EMPLOYMENT.—The 

8 alien has performed at least— 

9 (I) 5 years of agricultural em10 ployment in the United States, for at 

11 least 100 work days or 575 hours, but 

12 in no case less than 575 hours per 

13 year, during the 5-year period begin14 ning on the date of the enactment of 

15 this Act; or 

16 (II) 3 years of agricultural em17 ployment in the United States, for at 

18 least 150 work days or 863 hours, but 

19 in no case less than 863 hours per 

20 year, during the 5-year period begin21 ning on the date of the enactment of 

22 this Act. 

23 (ii) PROOF.—An alien may dem24 onstrate compliance with the requirement 

25 under clause (i) by submitting— 


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1 (I) the record of employment de2 scribed in subsection (a)(5); or 

3 (II) such documentation as may 

4 be submitted under subsection (d)(3). 

5 (iii) EXTRAORDINARY CIR6 CUMSTANCES.—In determining whether an 

7 alien has met the requirement under clause 

8 (i)(I), the Secretary may credit the alien 

9 with not more than 12 additional months 

10 to meet the requirement under clause (i) if 

11 the alien was unable to work in agricul12 tural employment due to— 

13 (I) pregnancy, injury, or disease, 

14 if the alien can establish such preg15 nancy, disabling injury, or disease 

16 through medical records; 

17 (II) illness, disease, or other spe18 cial needs of a minor child, if the alien 

19 can establish such illness, disease, or 

20 special needs through medical records; 

21 or 

22 (III) severe weather conditions 

23 that prevented the alien from engag24 ing in agricultural employment for a 

25 significant period of time. 


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1 (iv) APPLICATION PERIOD.—The alien 

2 applies for adjustment of status not later 

3 than 7 years after the date of the enact4 ment of this Act. 

5 (v) FINE.—The alien pays a fine to 

6 the Secretary in an amount equal to $400. 

7 (B) GROUNDS FOR DENIAL OF ADJUST8 MENT OF STATUS.—The Secretary may deny an 

9 alien adjustment to permanent resident status, 

10 and provide for termination of the blue card 

11 status granted such alien, if— 

12 (i) the Secretary finds by a prepon13 derance of the evidence that the adjust14 ment to blue card status was the result of 

15 fraud or willful misrepresentation, as de16 scribed in section 212(a)(6)(C)(i) of the 

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

18 1182(a)(6)(C)(i)); or 

19 (ii) the alien— 

20 (I) commits an act that makes 

21 the alien inadmissible to the United 

22 States under section 212 of the Immi23 gration and Nationality Act (8 U.S.C. 

24 1182), except as provided under sub25 section (e)(2); 


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1 (II) is convicted of a felony or 3 

2 or more misdemeanors committed in 

3 the United States; or 

4 (III) is convicted of a single mis5 demeanor for which the actual sen6 tence served is 6 months or longer. 

7 (C) GROUNDS FOR REMOVAL.—Any alien 

8 granted blue card status who does not apply for 

9 adjustment of status under this subsection be10 fore the expiration of the application period de11 scribed in subparagraph (A)(iv), or who fails to 

12 meet the other requirements of subparagraph 

13 (A) by the end of the applicable period, is de14 portable and may be removed under section 240 

15 of the Immigration and Nationality Act (8 

16 U.S.C. 1229a). 

17 (D) PAYMENT OF TAXES.— 

18 (i) IN GENERAL.—Not later than the 

19 date on which an alien’s status is adjusted 

20 under this subsection, the alien shall estab21 lish the payment of any applicable Federal 

22 tax liability by establishing that— 

23 (I) no such tax liability exists; 

24 (II) all outstanding liabilities 

25 have been paid; or 


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1 (III) the alien has entered into 

2 an agreement for payment of all out3 standing liabilities with the Internal 

4 Revenue Service. 

5 (ii) APPLICABLE FEDERAL TAX LI6 ABILITY.—For purposes of clause (i), the 

7 term ‘‘applicable Federal tax liability’’ 

8 means liability for Federal taxes, including 

9 penalties and interest, owed for any year 

10 during the period of employment required 

11 under paragraph (1)(A) for which the stat12 utory period for assessment of any defi13 ciency for such taxes has not expired. 

14 (iii) IRS COOPERATION.—The Sec15 retary of the Treasury shall establish rules 

16 and procedures under which the Commis17 sioner of Internal Revenue shall provide 

18 documentation to an alien upon request to 

19 establish the payment of all taxes required 

20 by this subparagraph. 

21 (2) SPOUSES AND MINOR CHILDREN.— 

22 (A) IN GENERAL.—Notwithstanding any 

23 other provision of law, the Secretary shall con24 fer the status of lawful permanent resident on 

25 the spouse and minor child of an alien granted 


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1 status under paragraph (1), including any indi2 vidual who was a minor child on the date such 

3 alien was granted blue card status, if the 

4 spouse or minor child applies for such status, or 

5 if the principal alien includes the spouse or 

6 minor child in an application for adjustment of 

7 status to that of a lawful permanent resident. 

8 (B) TREATMENT OF SPOUSES AND MINOR

9 CHILDREN BEFORE ADJUSTMENT OF STATUS.— 

10 (i) REMOVAL.—The spouse and any 

11 minor child of an alien granted blue card 

12 status may not be removed while such 

13 alien maintains such status, except as pro14 vided in subparagraph (C). 

15 (ii) TRAVEL.—The spouse and any 

16 minor child of an alien granted blue card 

17 status may travel outside the United 

18 States in the same manner as an alien law19 fully admitted for permanent residence. 

20 (iii) EMPLOYMENT.—The spouse of an 

21 alien granted blue card status may apply 

22 to the Secretary for a work permit to au23 thorize such spouse to engage in any law24 ful employment in the United States while 

25 such alien maintains blue card status. 


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1 (C) GROUNDS FOR DENIAL OF ADJUST2 MENT OF STATUS AND REMOVAL.—The Sec3 retary may deny an alien spouse or child ad4 justment of status under subparagraph (A) and 

5 may remove such spouse or child under section 

6 240 of the Immigration and Nationality Act (8 

7 U.S.C. 1229a) if the spouse or child— 

8 (i) commits an act that makes the 

9 alien spouse or child inadmissible to the 

10 United States under section 212 of such 

11 Act (8 U.S.C. 1182), except as provided 

12 under subsection (e)(2); 

13 (ii) is convicted of a felony or 3 or 

14 more misdemeanors committed in the 

15 United States; or 

16 (iii) is convicted of a single mis17 demeanor for which the actual sentence 

18 served is 6 months or longer. 

19 (d) APPLICATIONS.— 

20 (1) TO WHOM MAY BE MADE.—The Secretary 

21 shall provide that— 

22 (A) applications for blue card status may 

23 be filed— 

24 (i) with the Secretary, but only if the 

25 applicant is represented by an attorney or 


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1 a non-profit religious, charitable, social 

2 service, or similar organization recognized 

3 by the Board of Immigration Appeals 

4 under section 292.2 of title 8, Code of 

5 Federal Regulations; or 

6 (ii) with a qualified designated entity 

7 (designated under paragraph (2)), but only 

8 if the applicant consents to the forwarding 

9 of the application to the Secretary; and 

10 (B) applications for adjustment of status 

11 under subsection (c) shall be filed directly with 

12 the Secretary. 

13 (2) DESIGNATION OF ENTITIES TO RECEIVE AP14 PLICATIONS.— 

15 (A) IN GENERAL.—For purposes of receiv16 ing applications under subsection (a), the Sec17 retary— 

18 (i) shall designate qualified farm labor 

19 organizations and associations of employ20 ers; and 

21 (ii) may designate such other persons 

22 as the Secretary determines are qualified 

23 and have substantial experience, dem24 onstrate competence, and have traditional 

25 long-term involvement in the preparation 


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1 and submission of applications for adjust2 ment of status under section 209, 210, or 

3 245 of the Immigration and Nationality 

4 Act, Public Law 89–732, Public Law 95– 

5 145, or the Immigration Reform and Con6 trol Act of 1986. 

7 (B) REFERENCES.—Organizations, asso8 ciations, and persons designated under subpara9 graph (A) are referred to in this subtitle as 

10 ‘‘qualified designated entities’’. 

11 (3) PROOF OF ELIGIBILITY.— 

12 (A) IN GENERAL.—An alien may establish 

13 that the alien meets the requirement of sub14 section (a)(1)(A) or (c)(1)(A) through govern15 ment employment records or records supplied 

16 by employers or collective bargaining organiza17 tions, and other reliable documentation as the 

18 alien may provide. The Secretary shall establish 

19 special procedures to properly credit work in 

20 cases in which an alien was employed under an 

21 assumed name. 

22 (B) DOCUMENTATION OF WORK HIS23 TORY.— 

24 (i) BURDEN OF PROOF.—An alien ap25 plying for status under subsection (a)(1) 


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1 or (c)(1) has the burden of proving by a 

2 preponderance of the evidence that the 

3 alien has worked the requisite number of 

4 hours or days (as required under sub5 section (a)(1)(A) or (c)(1)(A)). 

6 (ii) TIMELY PRODUCTION OF

7 RECORDS.—If an employer or farm labor 

8 contractor employing such an alien has 

9 kept proper and adequate records respect10 ing such employment, the alien’s burden of 

11 proof under clause (i) may be met by se12 curing timely production of those records 

13 under regulations to be promulgated by the 

14 Secretary. 

15 (iii) SUFFICIENT EVIDENCE.—An 

16 alien can meet the burden of proof under 

17 clause (i) to establish that the alien has 

18 performed the work described in subsection 

19 (a)(1)(A) or (c)(1)(A) by producing suffi20 cient evidence to show the extent of that 

21 employment as a matter of just and rea22 sonable inference. 

23 (4) TREATMENT OF APPLICATIONS BY QUALI24 FIED DESIGNATED ENTITIES.—Each qualified des25 ignated entity shall agree to forward to the SecVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 retary applications filed with it in accordance with 

2 paragraph (1)(A)(ii) but shall not forward to the 

3 Secretary applications filed with it unless the appli4 cant has consented to such forwarding. No such en5 tity may make a determination required by this sec6 tion to be made by the Secretary. Upon the request 

7 of the alien, a qualified designated entity shall assist 

8 the alien in obtaining documentation of the work 

9 history of the alien. 

10 (5) LIMITATION ON ACCESS TO INFORMA11 TION.—Files and records prepared for purposes of 

12 this subsection by qualified designated entities oper13 ating under this subsection are confidential and the 

14 Secretary shall not have access to such files or 

15 records relating to an alien without the consent of 

16 the alien, except as allowed by a court order issued 

17 pursuant to paragraph (6). 

18 (6) CONFIDENTIALITY OF INFORMATION.— 

19 (A) IN GENERAL.—Except as otherwise 

20 provided in this subsection, neither the Sec21 retary, nor any other official or employee of the 

22 Department, or a bureau or agency of the De23 partment, may— 

24 (i) use the information furnished by 

25 the applicant pursuant to an application 


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1 filed under this section, the information 

2 provided to the applicant by a person des3 ignated under paragraph (2)(A), or any in4 formation provided by an employer or 

5 former employer, for any purpose other 

6 than to make a determination on the appli7 cation, or for enforcement of paragraph 

8 (7); 

9 (ii) make any publication whereby the 

10 information furnished by any particular in11 dividual can be identified; or 

12 (iii) permit anyone other than the 

13 sworn officers and employees of the De14 partment, or a bureau or agency of the 

15 Department, or, with respect to applica16 tions filed with a qualified designated enti17 ty, that qualified designated entity, to ex18 amine individual applications. 

19 (B) REQUIRED DISCLOSURES.—The Sec20 retary shall provide the information furnished 

21 under this section, or any other information de22 rived from such furnished information, to— 

23 (i) a duly recognized law enforcement 

24 entity in connection with a criminal invesVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tigation or prosecution, if such information 

2 is requested in writing by such entity; or 

3 (ii) an official coroner, for purposes of 

4 affirmatively identifying a deceased indi5 vidual, whether or not the death of such 

6 individual resulted from a crime. 

7 (C) CONSTRUCTION.— 

8 (i) IN GENERAL.—Nothing in this 

9 paragraph shall be construed to limit the 

10 use, or release, for immigration enforce11 ment purposes or law enforcement pur12 poses of information contained in files or 

13 records of the Department pertaining to an 

14 application filed under this section, other 

15 than information furnished by an applicant 

16 pursuant to the application, or any other 

17 information derived from the application, 

18 that is not available from any other source. 

19 (ii) CRIMINAL CONVICTIONS.—Infor20 mation concerning whether the applicant 

21 has at any time been convicted of a crime 

22 may be used or released for immigration 

23 enforcement or law enforcement purposes. 

24 (D) CRIME.—Any person who knowingly 

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1 amined in violation of this paragraph shall be 

2 subject to a fine in an amount not to exceed 

3 $10,000. 

4 (7) PENALTIES FOR FALSE STATEMENTS IN AP5 PLICATIONS.— 

6 (A) CRIMINAL PENALTY.—Any person 

7 who— 

8 (i) files an application for status 

9 under subsection (a) or (c) and knowingly 

10 and willfully falsifies, conceals, or covers 

11 up a material fact or makes any false, fic12 titious, or fraudulent statements or rep13 resentations, or makes or uses any false 

14 writing or document knowing the same to 

15 contain any false, fictitious, or fraudulent 

16 statement or entry; or 

17 (ii) creates or supplies a false writing 

18 or document for use in making such an ap19 plication, 

20 shall be fined in accordance with title 18, 

21 United States Code, imprisoned not more than 

22 5 years, or both. 

23 (B) INADMISSIBILITY.—An alien who is 

24 convicted of a crime under subparagraph (A) 

25 shall be considered to be inadmissible to the 


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1 United States on the ground described in sec2 tion 212(a)(6)(C)(i) of the Immigration and 

3 Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). 

4 (8) ELIGIBILITY FOR LEGAL SERVICES.—Sec5 tion 504(a)(11) of Public Law 104–134 (110 Stat. 

6 1321–53 et seq.) shall not be construed to prevent 

7 a recipient of funds under the Legal Services Cor8 poration Act (42 U.S.C. 2996 et seq.) from pro9 viding legal assistance directly related to an applica10 tion for adjustment of status under this section. 

11 (9) APPLICATION FEES.— 

12 (A) FEE SCHEDULE.—The Secretary shall 

13 provide for a schedule of fees that— 

14 (i) shall be charged for the filing of 

15 applications for status under subsections 

16 (a) and (c); and 

17 (ii) may be charged by qualified des18 ignated entities to help defray the costs of 

19 services provided to such applicants. 

20 (B) PROHIBITION ON EXCESS FEES BY

21 QUALIFIED DESIGNATED ENTITIES.—A quali22 fied designated entity may not charge any fee 

23 in excess of, or in addition to, the fees author24 ized under subparagraph (A)(ii) for services 

25 provided to applicants. 


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1 (C) DISPOSITION OF FEES.— 

2 (i) IN GENERAL.—There is established 

3 in the general fund of the Treasury a sepa4 rate account, which shall be known as the 

5 ‘‘Agricultural Worker Immigration Status 

6 Adjustment Account’’. Notwithstanding 

7 any other provision of law, there shall be 

8 deposited as offsetting receipts into the ac9 count all fees collected under subparagraph 

10 (A)(i). 

11 (ii) USE OF FEES FOR APPLICATION

12 PROCESSING.—Amounts deposited in the 

13 ‘‘Agricultural Worker Immigration Status 

14 Adjustment Account’’ shall remain avail15 able to the Secretary until expended for 

16 processing applications for status under 

17 subsections (a) and (c). 

18 (e) WAIVER OF NUMERICAL LIMITATIONS AND CER19 TAIN GROUNDS FOR INADMISSIBILITY.— 

20 (1) NUMERICAL LIMITATIONS DO NOT APPLY.— 

21 The numerical limitations of sections 201 and 202 

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

23 1151 and 1152) shall not apply to the adjustment 

24 of aliens to lawful permanent resident status under 

25 this section. 


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1 (2) WAIVER OF CERTAIN GROUNDS OF INAD2 MISSIBILITY.—In the determination of an alien’s eli3 gibility for status under subsection (a)(1)(C) or an 

4 alien’s eligibility for adjustment of status under sub5 section (c)(1)(B)(ii)(I), the following rules shall 

6 apply: 

7 (A) GROUNDS OF EXCLUSION NOT APPLI8 CABLE.—The provisions of paragraphs (5), 

9 (6)(A), (7), and (9) of section 212(a) of the Im10 migration and Nationality Act (8 U.S.C. 

11 1182(a)) shall not apply. 

12 (B) WAIVER OF OTHER GROUNDS.— 

13 (i) IN GENERAL.—Except as provided 

14 in clause (ii), the Secretary may waive any 

15 other provision of such section 212(a) in 

16 the case of individual aliens for humani17 tarian purposes, to ensure family unity, or 

18 if otherwise in the public interest. 

19 (ii) GROUNDS THAT MAY NOT BE

20 WAIVED.—Paragraphs (2)(A), (2)(B), 

21 (2)(C), (3), and (4) of such section 212(a) 

22 may not be waived by the Secretary under 

23 clause (i). 

24 (iii) CONSTRUCTION.—Nothing in this 

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1 ing the authority of the Secretary other 

2 than under this subparagraph to waive 

3 provisions of such section 212(a). 

4 (C) SPECIAL RULE FOR DETERMINATION

5 OF PUBLIC CHARGE.—An alien is not ineligible 

6 for status under this section by reason of a 

7 ground of inadmissibility under section 

8 212(a)(4) of the Immigration and Nationality 

9 Act (8 U.S.C. 1182(a)(4)) if the alien dem10 onstrates a history of employment in the United 

11 States evidencing self-support without reliance 

12 on public cash assistance. 

13 (f) TEMPORARY STAY OF REMOVAL AND WORK AU14 THORIZATION FOR CERTAIN APPLICANTS.— 

15 (1) BEFORE APPLICATION PERIOD.—Effective 

16 on the date of enactment of this Act, the Secretary 

17 shall provide that, in the case of an alien who is ap18 prehended before the beginning of the application 

19 period described in subsection (a)(1)(B) and who 

20 can establish a nonfrivolous case of eligibility for 

21 blue card status (but for the fact that the alien may 

22 not apply for such status until the beginning of such 

23 period), until the alien has had the opportunity dur24 ing the first 30 days of the application period to 


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1 complete the filing of an application for blue card 

2 status, the alien— 

3 (A) may not be removed; and 

4 (B) shall be granted authorization to en5 gage in employment in the United States and 

6 be provided an ‘‘employment authorized’’ en7 dorsement or other appropriate work permit for 

8 such purpose. 

9 (2) DURING APPLICATION PERIOD.—The Sec10 retary shall provide that, in the case of an alien who 

11 presents a nonfrivolous application for blue card sta12 tus during the application period described in sub13 section (a)(1)(B), including an alien who files such 

14 an application within 30 days of the alien’s appre15 hension, and until a final determination on the ap16 plication has been made in accordance with this sec17 tion, the alien— 

18 (A) may not be removed; and 

19 (B) shall be granted authorization to en20 gage in employment in the United States and 

21 be provided an ‘‘employment authorized’’ en22 dorsement or other appropriate work permit for 

23 such purpose. 

24 (g) ADMINISTRATIVE AND JUDICIAL REVIEW.— 


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1 (1) IN GENERAL.—There shall be no adminis2 trative or judicial review of a determination respect3 ing an application for status under subsection (a) or 

4 (c) except in accordance with this subsection. 

5 (2) ADMINISTRATIVE REVIEW.— 

6 (A) SINGLE LEVEL OF ADMINISTRATIVE

7 APPELLATE REVIEW.—The Secretary shall es8 tablish an appellate authority to provide for a 

9 single level of administrative appellate review of 

10 such a determination. 

11 (B) STANDARD FOR REVIEW.—Such ad12 ministrative appellate review shall be based 

13 solely upon the administrative record estab14 lished at the time of the determination on the 

15 application and upon such additional or newly 

16 discovered evidence as may not have been avail17 able at the time of the determination. 

18 (3) JUDICIAL REVIEW.— 

19 (A) LIMITATION TO REVIEW OF RE20 MOVAL.—There shall be judicial review of such 

21 a determination only in the judicial review of an 

22 order of removal under section 242 of the Im23 migration and Nationality Act (8 U.S.C. 1252). 

24 (B) STANDARD FOR JUDICIAL REVIEW.— 

25 Such judicial review shall be based solely upon 


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1 the administrative record established at the 

2 time of the review by the appellate authority 

3 and the findings of fact and determinations 

4 contained in such record shall be conclusive un5 less the applicant can establish abuse of discre6 tion or that the findings are directly contrary to 

7 clear and convincing facts contained in the 

8 record considered as a whole. 

9 (h) DISSEMINATION OF INFORMATION ON ADJUST10 MENT PROGRAM.—Beginning not later than the first day 

11 of the application period described in subsection (a)(1)(B), 

12 the Secretary, in cooperation with qualified designated en13 tities, shall broadly disseminate information respecting the 

14 benefits that aliens may receive under this section and the 

15 requirements to be satisfied to obtain such benefits. 

16 (i) REGULATIONS.—The Secretary shall issue regula17 tions to implement this section not later than the first day 

18 of the seventh month that begins after the date of enact19 ment of this Act. 

20 (j) EFFECTIVE DATE.—This section shall take effect 

21 on the date that regulations are issued implementing this 

22 section on an interim or other basis. 

23 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Secretary to carry 


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•S 1348 PCS

1 out this section $40,000,000 for each of the fiscal years 

2 2008 through 2012. 

3 SEC. 614. CORRECTION OF SOCIAL SECURITY RECORDS. 

4 (a) IN GENERAL.—Section 208(d)(1) of the Social 

5 Security Act (42 U.S.C. 408(d)(1)) is amended— 

6 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

7 the end; 

8 (2) in subparagraph (C), by inserting ‘‘or’’ at 

9 the end; 

10 (3) by inserting after subparagraph (C) the fol11 lowing: 

12 ‘‘(D) who is granted blue card status under the 

13 AgJOBS Act of 2007,’’; and 

14 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

15 in the case of an alien described in subparagraph 

16 (D), if such conduct is alleged to have occurred be17 fore the date on which the alien was granted blue 

18 card status.’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 subsection (a) shall take effect on the first day of the sev21 enth month that begins after the date of the enactment 

22 of this Act. 


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•S 1348 PCS

1 CHAPTER 2—REFORM OF H–2A WORKER 

2 PROGRAM 

3 SEC. 615. AMENDMENT TO THE IMMIGRATION AND NATION4 ALITY ACT. 

5 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

6 is amended— 

7 (1) by striking section 218 and inserting the 

8 following: 

9 ‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. 

10 ‘‘(a) APPLICATIONS TO THE SECRETARY OF

11 LABOR.— 

12 ‘‘(1) IN GENERAL.—No alien may be admitted 

13 to the United States as an H–2A worker, or other14 wise provided status as an H–2A worker, unless the 

15 employer has filed with the Secretary of Labor an 

16 application containing— 

17 ‘‘(A) the assurances described in sub18 section (b); 

19 ‘‘(B) a description of the nature and loca20 tion of the work to be performed; 

21 ‘‘(C) the anticipated period (expected be22 ginning and ending dates) for which the work23 ers will be needed; and 


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1 ‘‘(D) the number of job opportunities in 

2 which the employer seeks to employ the work3 ers. 

4 ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap5 plication filed under paragraph (1) shall be accom6 panied by a copy of the job offer describing the 

7 wages and other terms and conditions of employ8 ment and the bona fide occupational qualifications 

9 that shall be possessed by a worker to be employed 

10 in the job opportunity in question. 

11 ‘‘(b) ASSURANCES FOR INCLUSION IN APPLICA12 TIONS.—The assurances referred to in subsection (a)(1) 

13 are the following: 

14 ‘‘(1) JOB OPPORTUNITIES COVERED BY COL15 LECTIVE BARGAINING AGREEMENTS.—With respect 

16 to a job opportunity that is covered under a collec17 tive bargaining agreement: 

18 ‘‘(A) UNION CONTRACT DESCRIBED.—The 

19 job opportunity is covered by a union contract 

20 which was negotiated at arm’s length between a 

21 bona fide union and the employer. 

22 ‘‘(B) STRIKE OR LOCKOUT.—The specific 

23 job opportunity for which the employer is re24 questing an H–2A worker is not vacant because 


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1 the former occupant is on strike or being locked 

2 out in the course of a labor dispute. 

3 ‘‘(C) NOTIFICATION OF BARGAINING REP4 RESENTATIVES.—The employer, at the time of 

5 filing the application, has provided notice of the 

6 filing under this paragraph to the bargaining 

7 representative of the employer’s employees in 

8 the occupational classification at the place or 

9 places of employment for which aliens are 

10 sought. 

11 ‘‘(D) TEMPORARY OR SEASONAL JOB OP12 PORTUNITIES.—The job opportunity is tem13 porary or seasonal. 

14 ‘‘(E) OFFERS TO UNITED STATES WORK15 ERS.—The employer has offered or will offer 

16 the job to any eligible United States worker 

17 who applies and is equally or better qualified 

18 for the job for which the nonimmigrant is, or 

19 the nonimmigrants are, sought and who will be 

20 available at the time and place of need. 

21 ‘‘(F) PROVISION OF INSURANCE.—If the 

22 job opportunity is not covered by the State 

23 workers’ compensation law, the employer will 

24 provide, at no cost to the worker, insurance cov25 ering injury and disease arising out of, and in 


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1 the course of, the worker’s employment which 

2 will provide benefits at least equal to those pro3 vided under the State’s workers’ compensation 

4 law for comparable employment. 

5 ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY

6 COLLECTIVE BARGAINING AGREEMENTS.—With re7 spect to a job opportunity that is not covered under 

8 a collective bargaining agreement: 

9 ‘‘(A) STRIKE OR LOCKOUT.—The specific 

10 job opportunity for which the employer is re11 questing an H–2A worker is not vacant because 

12 the former occupant is on strike or being locked 

13 out in the course of a labor dispute. 

14 ‘‘(B) TEMPORARY OR SEASONAL JOB OP15 PORTUNITIES.—The job opportunity is tem16 porary or seasonal. 

17 ‘‘(C) BENEFIT, WAGE, AND WORKING CON18 DITIONS.—The employer will provide, at a min19 imum, the benefits, wages, and working condi20 tions required by section 218E to all workers 

21 employed in the job opportunities for which the 

22 employer has applied under subsection (a) and 

23 to all other workers in the same occupation at 

24 the place of employment. 


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1 ‘‘(D) NONDISPLACEMENT OF UNITED

2 STATES WORKERS.—The employer did not dis3 place and will not displace a United States 

4 worker employed by the employer during the 

5 period of employment and for a period of 30 

6 days preceding the period of employment in the 

7 occupation at the place of employment for 

8 which the employer seeks approval to employ 

9 H–2A workers. 

10 ‘‘(E) REQUIREMENTS FOR PLACEMENT OF

11 NONIMMIGRANT WITH OTHER EMPLOYERS.— 

12 The employer will not place the nonimmigrant 

13 with another employer unless— 

14 ‘‘(i) the nonimmigrant performs du15 ties in whole or in part at 1 or more work 

16 sites owned, operated, or controlled by 

17 such other employer; 

18 ‘‘(ii) there are indicia of an employ19 ment relationship between the non20 immigrant and such other employer; and 

21 ‘‘(iii) the employer has inquired of the 

22 other employer as to whether, and has no 

23 actual knowledge or notice that, during the 

24 period of employment and for a period of 

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1 ment, the other employer has displaced or 

2 intends to displace a United States worker 

3 employed by the other employer in the oc4 cupation at the place of employment for 

5 which the employer seeks approval to em6 ploy H–2A workers. 

7 ‘‘(F) STATEMENT OF LIABILITY.—The ap8 plication form shall include a clear statement 

9 explaining the liability under subparagraph (E) 

10 of an employer if the other employer described 

11 in such subparagraph displaces a United States 

12 worker as described in such subparagraph. 

13 ‘‘(G) PROVISION OF INSURANCE.—If the 

14 job opportunity is not covered by the State 

15 workers’ compensation law, the employer will 

16 provide, at no cost to the worker, insurance cov17 ering injury and disease arising out of and in 

18 the course of the worker’s employment which 

19 will provide benefits at least equal to those pro20 vided under the State’s workers’ compensation 

21 law for comparable employment. 

22 ‘‘(H) EMPLOYMENT OF UNITED STATES

23 WORKERS.— 

24 ‘‘(i) RECRUITMENT.—The employer 

25 has taken or will take the following steps 


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1 to recruit United States workers for the 

2 job opportunities for which the H–2A non3 immigrant is, or H–2A nonimmigrants are, 

4 sought: 

5 ‘‘(I) CONTACTING FORMER

6 WORKERS.—The employer shall make 

7 reasonable efforts through the sending 

8 of a letter by United States Postal 

9 Service mail, or otherwise, to contact 

10 any United States worker the em11 ployer employed during the previous 

12 season in the occupation at the place 

13 of intended employment for which the 

14 employer is applying for workers and 

15 has made the availability of the em16 ployer’s job opportunities in the occu17 pation at the place of intended em18 ployment known to such previous 

19 workers, unless the worker was termi20 nated from employment by the em21 ployer for a lawful job-related reason 

22 or abandoned the job before the work23 er completed the period of employ24 ment of the job opportunity for which 

25 the worker was hired. 


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1 ‘‘(II) FILING A JOB OFFER WITH

2 THE LOCAL OFFICE OF THE STATE

3 EMPLOYMENT SECURITY AGENCY.— 

4 Not later than 28 days before the 

5 date on which the employer desires to 

6 employ an H–2A worker in a tem7 porary or seasonal agricultural job op8 portunity, the employer shall submit a 

9 copy of the job offer described in sub10 section (a)(2) to the local office of the 

11 State employment security agency 

12 which serves the area of intended em13 ployment and authorize the posting of 

14 the job opportunity on ‘America’s Job 

15 Bank’ or other electronic job registry, 

16 except that nothing in this subclause 

17 shall require the employer to file an 

18 interstate job order under section 653 

19 of title 20, Code of Federal Regula20 tions. 

21 ‘‘(III) ADVERTISING OF JOB OP22 PORTUNITIES.—Not later than 14 

23 days before the date on which the em24 ployer desires to employ an H–2A 

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1 ricultural job opportunity, the em2 ployer shall advertise the availability 

3 of the job opportunities for which the 

4 employer is seeking workers in a pub5 lication in the local labor market that 

6 is likely to be patronized by potential 

7 farm workers. 

8 ‘‘(IV) EMERGENCY PROCE9 DURES.—The Secretary of Labor 

10 shall, by regulation, provide a proce11 dure for acceptance and approval of 

12 applications in which the employer 

13 has not complied with the provisions 

14 of this subparagraph because the em15 ployer’s need for H–2A workers could 

16 not reasonably have been foreseen. 

17 ‘‘(ii) JOB OFFERS.—The employer has 

18 offered or will offer the job to any eligible 

19 United States worker who applies and is 

20 equally or better qualified for the job for 

21 which the nonimmigrant is, or non22 immigrants are, sought and who will be 

23 available at the time and place of need. 

24 ‘‘(iii) PERIOD OF EMPLOYMENT.—The 

25 employer will provide employment to any 


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1 qualified United States worker who applies 

2 to the employer during the period begin3 ning on the date on which the foreign 

4 worker departs for the employer’s place of 

5 employment and ending on the date on 

6 which 50 percent of the period of employ7 ment for which the foreign worker who is 

8 in the job was hired has elapsed, subject to 

9 the following requirements: 

10 ‘‘(I) PROHIBITION.—No person 

11 or entity shall willfully and knowingly 

12 withhold United States workers before 

13 the arrival of H–2A workers in order 

14 to force the hiring of United States 

15 workers under this clause. 

16 ‘‘(II) COMPLAINTS.—Upon re17 ceipt of a complaint by an employer 

18 that a violation of subclause (I) has 

19 occurred, the Secretary of Labor shall 

20 immediately investigate. The Sec21 retary of Labor shall, within 36 hours 

22 of the receipt of the complaint, issue 

23 findings concerning the alleged viola24 tion. If the Secretary of Labor finds 

25 that a violation has occurred, the SecVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 retary of Labor shall immediately sus2 pend the application of this clause 

3 with respect to that certification for 

4 that date of need. 

5 ‘‘(III) PLACEMENT OF UNITED

6 STATES WORKERS.—Before referring 

7 a United States worker to an em8 ployer during the period described in 

9 the matter preceding subclause (I), 

10 the Secretary of Labor shall make all 

11 reasonable efforts to place the United 

12 States worker in an open job accept13 able to the worker, if there are other 

14 job offers pending with the job service 

15 that offer similar job opportunities in 

16 the area of intended employment. 

17 ‘‘(iv) STATUTORY CONSTRUCTION.— 

18 Nothing in this subparagraph shall be con19 strued to prohibit an employer from using 

20 such legitimate selection criteria relevant 

21 to the type of job that are normal or cus22 tomary to the type of job involved so long 

23 as such criteria are not applied in a dis24 criminatory manner. 


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1 ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BEHALF

2 OF EMPLOYER MEMBERS.— 

3 ‘‘(1) IN GENERAL.—An agricultural association 

4 may file an application under subsection (a) on be5 half of 1 or more of its employer members that the 

6 association certifies in its application has or have 

7 agreed in writing to comply with the requirements of 

8 this section and sections 218E through 218G. 

9 ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS

10 EMPLOYERS.—If an association filing an application 

11 under paragraph (1) is a joint or sole employer of 

12 the temporary or seasonal agricultural workers re13 quested on the application, the certifications granted 

14 under subsection (e)(2)(B) to the association may be 

15 used for the certified job opportunities of any of its 

16 producer members named on the application, and 

17 such workers may be transferred among such pro18 ducer members to perform the agricultural services 

19 of a temporary or seasonal nature for which the cer20 tifications were granted. 

21 ‘‘(d) WITHDRAWAL OF APPLICATIONS.— 

22 ‘‘(1) IN GENERAL.—An employer may withdraw 

23 an application filed pursuant to subsection (a), ex24 cept that if the employer is an agricultural associa25 tion, the association may withdraw an application 


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•S 1348 PCS

1 filed pursuant to subsection (a) with respect to 1 or 

2 more of its members. To withdraw an application, 

3 the employer or association shall notify the Sec4 retary of Labor in writing, and the Secretary of 

5 Labor shall acknowledge in writing the receipt of 

6 such withdrawal notice. An employer who withdraws 

7 an application under subsection (a), or on whose be8 half an application is withdrawn, is relieved of the 

9 obligations undertaken in the application. 

10 ‘‘(2) LIMITATION.—An application may not be 

11 withdrawn while any alien provided status under sec12 tion 101(a)(15)(H)(ii)(a) pursuant to such applica13 tion is employed by the employer. 

14 ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— 

15 Any obligation incurred by an employer under any 

16 other law or regulation as a result of the recruit17 ment of United States workers or H–2A workers 

18 under an offer of terms and conditions of employ19 ment required as a result of making an application 

20 under subsection (a) is unaffected by withdrawal of 

21 such application. 

22 ‘‘(e) REVIEW AND APPROVAL OF APPLICATIONS.— 

23 ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The 

24 employer shall make available for public examina25 tion, within 1 working day after the date on which 


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•S 1348 PCS

1 an application under subsection (a) is filed, at the 

2 employer’s principal place of business or work site, 

3 a copy of each such application (and such accom4 panying documents as are necessary). 

5 ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF

6 LABOR.— 

7 ‘‘(A) COMPILATION OF LIST.—The Sec8 retary of Labor shall compile, on a current 

9 basis, a list (by employer and by occupational 

10 classification) of the applications filed under 

11 this subsection. Such list shall include the wage 

12 rate, number of workers sought, period of in13 tended employment, and date of need. The Sec14 retary of Labor shall make such list available 

15 for examination in the District of Columbia. 

16 ‘‘(B) REVIEW OF APPLICATIONS.—The 

17 Secretary of Labor shall review such an applica18 tion only for completeness and obvious inac19 curacies. Unless the Secretary of Labor finds 

20 that the application is incomplete or obviously 

21 inaccurate, the Secretary of Labor shall certify 

22 that the intending employer has filed with the 

23 Secretary of Labor an application as described 

24 in subsection (a). Such certification shall be 


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•S 1348 PCS

1 provided within 7 days of the filing of the appli2 cation.’’; and 

3 (2) by inserting after section 218D, as added 

4 by section 601 of this Act, the following: 

5 ‘‘SEC. 218E. H–2A EMPLOYMENT REQUIREMENTS. 

6 ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS PRO7 HIBITED.—Employers seeking to hire United States work8 ers shall offer the United States workers no less than the 

9 same benefits, wages, and working conditions that the em10 ployer is offering, intends to offer, or will provide to H– 

11 2A workers. Conversely, no job offer may impose on 

12 United States workers any restrictions or obligations 

13 which will not be imposed on the employer’s H–2A work14 ers. 

15 ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORKING

16 CONDITIONS.—Except in cases where higher benefits, 

17 wages, or working conditions are required by the provi18 sions of subsection (a), in order to protect similarly em19 ployed United States workers from adverse effects with 

20 respect to benefits, wages, and working conditions, every 

21 job offer which shall accompany an application under sec22 tion 218(b)(2) shall include each of the following benefit, 

23 wage, and working condition provisions: 

24 ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A

25 HOUSING ALLOWANCE.— 


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•S 1348 PCS

1 ‘‘(A) IN GENERAL.—An employer applying 

2 under section 218(a) for H–2A workers shall 

3 offer to provide housing at no cost to all work4 ers in job opportunities for which the employer 

5 has applied under that section and to all other 

6 workers in the same occupation at the place of 

7 employment, whose place of residence is beyond 

8 normal commuting distance. 

9 ‘‘(B) TYPE OF HOUSING.—In complying 

10 with subparagraph (A), an employer may, at 

11 the employer’s election, provide housing that 

12 meets applicable Federal standards for tem13 porary labor camps or secure housing that 

14 meets applicable local standards for rental or 

15 public accommodation housing or other sub16 stantially similar class of habitation, or in the 

17 absence of applicable local standards, State 

18 standards for rental or public accommodation 

19 housing or other substantially similar class of 

20 habitation. In the absence of applicable local or 

21 State standards, Federal temporary labor camp 

22 standards shall apply. 

23 ‘‘(C) FAMILY HOUSING.—When it is the 

24 prevailing practice in the occupation and area 

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1 ing, family housing shall be provided to workers 

2 with families who request it. 

3 ‘‘(D) WORKERS ENGAGED IN THE RANGE

4 PRODUCTION OF LIVESTOCK.—The Secretary of 

5 Labor shall issue regulations that address the 

6 specific requirements for the provision of hous7 ing to workers engaged in the range production 

8 of livestock. 

9 ‘‘(E) LIMITATION.—Nothing in this para10 graph shall be construed to require an employer 

11 to provide or secure housing for persons who 

12 were not entitled to such housing under the 

13 temporary labor certification regulations in ef14 fect on June 1, 1986. 

15 ‘‘(F) CHARGES FOR HOUSING.— 

16 ‘‘(i) CHARGES FOR PUBLIC HOUS17 ING.—If public housing provided for mi18 grant agricultural workers under the aus19 pices of a local, county, or State govern20 ment is secured by an employer, and use of 

21 the public housing unit normally requires 

22 charges from migrant workers, such 

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1 ty affiliated with the housing’s manage2 ment. 

3 ‘‘(ii) DEPOSIT CHARGES.—Charges in 

4 the form of deposits for bedding or other 

5 similar incidentals related to housing shall 

6 not be levied upon workers by employers 

7 who provide housing for their workers. An 

8 employer may require a worker found to 

9 have been responsible for damage to such 

10 housing which is not the result of normal 

11 wear and tear related to habitation to re12 imburse the employer for the reasonable 

13 cost of repair of such damage. 

14 ‘‘(G) HOUSING ALLOWANCE AS ALTER15 NATIVE.— 

16 ‘‘(i) IN GENERAL.—If the requirement 

17 under clause (ii) is satisfied, the employer 

18 may provide a reasonable housing allow19 ance instead of offering housing under sub20 paragraph (A). Upon the request of a 

21 worker seeking assistance in locating hous22 ing, the employer shall make a good faith 

23 effort to assist the worker in identifying 

24 and locating housing in the area of in25 tended employment. An employer who ofVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 fers a housing allowance to a worker, or 

2 assists a worker in locating housing which 

3 the worker occupies, pursuant to this 

4 clause shall not be deemed a housing pro5 vider under section 203 of the Migrant and 

6 Seasonal Agricultural Worker Protection 

7 Act (29 U.S.C. 1823) solely by virtue of 

8 providing such housing allowance. No 

9 housing allowance may be used for housing 

10 which is owned or controlled by the em11 ployer. 

12 ‘‘(ii) CERTIFICATION.—The require13 ment of this clause is satisfied if the Gov14 ernor of the State certifies to the Secretary 

15 of Labor that there is adequate housing 

16 available in the area of intended employ17 ment for migrant farm workers, and H–2A 

18 workers, who are seeking temporary hous19 ing while employed at farm work. Such 

20 certification shall expire after 3 years un21 less renewed by the Governor of the State. 

22 ‘‘(iii) AMOUNT OF ALLOWANCE.— 

23 ‘‘(I) NONMETROPOLITAN COUN24 TIES.—If the place of employment of 

25 the workers provided an allowance 


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•S 1348 PCS

1 under this subparagraph is a non2 metropolitan county, the amount of 

3 the housing allowance under this sub4 paragraph shall be equal to the state5 wide average fair market rental for 

6 existing housing for nonmetropolitan 

7 counties for the State, as established 

8 by the Secretary of Housing and 

9 Urban Development pursuant to sec10 tion 8(c) of the United States Hous11 ing Act of 1937 (42 U.S.C. 1437f(c)), 

12 based on a 2 bedroom dwelling unit 

13 and an assumption of 2 persons per 

14 bedroom. 

15 ‘‘(II) METROPOLITAN COUN16 TIES.—If the place of employment of 

17 the workers provided an allowance 

18 under this paragraph is in a metro19 politan county, the amount of the 

20 housing allowance under this subpara21 graph shall be equal to the statewide 

22 average fair market rental for existing 

23 housing for metropolitan counties for 

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1 opment pursuant to section 8(c) of 

2 the United States Housing Act of 

3 1937 (42 U.S.C. 1437f(c)), based on 

4 a 2-bedroom dwelling unit and an as5 sumption of 2 persons per bedroom. 

6 ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— 

7 ‘‘(A) TO PLACE OF EMPLOYMENT.—A 

8 worker who completes 50 percent of the period 

9 of employment of the job opportunity for which 

10 the worker was hired shall be reimbursed by the 

11 employer for the cost of the worker’s transpor12 tation and subsistence from the place from 

13 which the worker came to work for the em14 ployer (or place of last employment, if the 

15 worker traveled from such place) to the place of 

16 employment. 

17 ‘‘(B) FROM PLACE OF EMPLOYMENT.—A 

18 worker who completes the period of employment 

19 for the job opportunity involved shall be reim20 bursed by the employer for the cost of the 

21 worker’s transportation and subsistence from 

22 the place of employment to the place from 

23 which the worker, disregarding intervening em24 ployment, came to work for the employer, or to 

25 the place of next employment, if the worker has 


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•S 1348 PCS

1 contracted with a subsequent employer who has 

2 not agreed to provide or pay for the worker’s 

3 transportation and subsistence to such subse4 quent employer’s place of employment. 

5 ‘‘(C) LIMITATION.— 

6 ‘‘(i) AMOUNT OF REIMBURSEMENT.— 

7 Except as provided in clause (ii), the 

8 amount of reimbursement provided under 

9 subparagraph (A) or (B) to a worker or 

10 alien shall not exceed the lesser of— 

11 ‘‘(I) the actual cost to the worker 

12 or alien of the transportation and sub13 sistence involved; or 

14 ‘‘(II) the most economical and 

15 reasonable common carrier transpor16 tation charges and subsistence costs 

17 for the distance involved. 

18 ‘‘(ii) DISTANCE TRAVELED.—No reim19 bursement under subparagraph (A) or (B) 

20 shall be required if the distance traveled is 

21 100 miles or less, or the worker is not re22 siding in employer-provided housing or 

23 housing secured through an allowance as 

24 provided in paragraph (1)(G). 


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•S 1348 PCS

1 ‘‘(D) EARLY TERMINATION.—If the worker 

2 is laid off or employment is terminated for con3 tract impossibility (as described in paragraph 

4 (4)(D)) before the anticipated ending date of 

5 employment, the employer shall provide the 

6 transportation and subsistence required by sub7 paragraph (B) and, notwithstanding whether 

8 the worker has completed 50 percent of the pe9 riod of employment, shall provide the transpor10 tation reimbursement required by subparagraph 

11 (A). 

12 ‘‘(E) TRANSPORTATION BETWEEN LIVING

13 QUARTERS AND WORK SITE.—The employer 

14 shall provide transportation between the work15 er’s living quarters and the employer’s work site 

16 without cost to the worker, and such transpor17 tation will be in accordance with applicable laws 

18 and regulations. 

19 ‘‘(3) REQUIRED WAGES.— 

20 ‘‘(A) IN GENERAL.—An employer applying 

21 for workers under section 218(a) shall offer to 

22 pay, and shall pay, all workers in the occupa23 tion for which the employer has applied for 

24 workers, not less (and is not required to pay 

25 more) than the greater of the prevailing wage 


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1 in the occupation in the area of intended em2 ployment or the adverse effect wage rate. No 

3 worker shall be paid less than the greater of the 

4 hourly wage prescribed under section 6(a)(1) of 

5 the Fair Labor Standards Act of 1938 (29 

6 U.S.C. 206(a)(1)) or the applicable State min7 imum wage. 

8 ‘‘(B) LIMITATION.—Effective on the date 

9 of the enactment of the AgJOBS Act of 2007, 

10 and continuing for 3 years thereafter, no ad11 verse effect wage rate for a State may be more 

12 than the adverse effect wage rate for that State 

13 in effect on January 1, 2003, as established by 

14 section 655.107 of title 20, Code of Federal 

15 Regulations. 

16 ‘‘(C) REQUIRED WAGES AFTER 3-YEAR

17 FREEZE.— 

18 ‘‘(i) FIRST ADJUSTMENT.—If Con19 gress does not set a new wage standard 

20 applicable to this section before the first 

21 March 1 that is not less than 3 years after 

22 the date of enactment of this section, the 

23 adverse effect wage rate for each State be24 ginning on such March 1 shall be the wage 

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1 verse effect wage rate in effect on January 

2 1, 2003, had been annually adjusted, be3 ginning on March 1, 2006, by the lesser 

4 of— 

5 ‘‘(I) the 12-month percentage 

6 change in the Consumer Price Index 

7 for All Urban Consumers between De8 cember of the second preceding year 

9 and December of the preceding year; 

10 and 

11 ‘‘(II) 4 percent. 

12 ‘‘(ii) SUBSEQUENT ANNUAL ADJUST13 MENTS.—Beginning on the first March 1 

14 that is not less than 4 years after the date 

15 of enactment of this section, and each 

16 March 1 thereafter, the adverse effect 

17 wage rate then in effect for each State 

18 shall be adjusted by the lesser of— 

19 ‘‘(I) the 12-month percentage 

20 change in the Consumer Price Index 

21 for All Urban Consumers between De22 cember of the second preceding year 

23 and December of the preceding year; 

24 and 

25 ‘‘(II) 4 percent. 


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•S 1348 PCS

1 ‘‘(D) DEDUCTIONS.—The employer shall 

2 make only those deductions from the worker’s 

3 wages that are authorized by law or are reason4 able and customary in the occupation and area 

5 of employment. The job offer shall specify all 

6 deductions not required by law which the em7 ployer will make from the worker’s wages. 

8 ‘‘(E) FREQUENCY OF PAY.—The employer 

9 shall pay the worker not less frequently than 

10 twice monthly, or in accordance with the pre11 vailing practice in the area of employment, 

12 whichever is more frequent. 

13 ‘‘(F) HOURS AND EARNINGS STATE14 MENTS.—The employer shall furnish to the 

15 worker, on or before each payday, in 1 or more 

16 written statements— 

17 ‘‘(i) the worker’s total earnings for 

18 the pay period; 

19 ‘‘(ii) the worker’s hourly rate of pay, 

20 piece rate of pay, or both; 

21 ‘‘(iii) the hours of employment which 

22 have been offered to the worker (broken 

23 out by hours offered in accordance with 

24 and over and above the three-quarters 

25 guarantee described in paragraph (4); 


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•S 1348 PCS

1 ‘‘(iv) the hours actually worked by the 

2 worker; 

3 ‘‘(v) an itemization of the deductions 

4 made from the worker’s wages; and 

5 ‘‘(vi) if piece rates of pay are used, 

6 the units produced daily. 

7 ‘‘(G) REPORT ON WAGE PROTECTIONS.— 

8 Not later than December 31, 2008, the Comp9 troller General of the United States shall pre10 pare and transmit to the Secretary of Labor, 

11 the Committee on the Judiciary of the Senate, 

12 and Committee on the Judiciary of the House 

13 of Representatives, a report that addresses— 

14 ‘‘(i) whether the employment of H–2A 

15 or unauthorized aliens in the United States 

16 agricultural work force has depressed 

17 United States farm worker wages below 

18 the levels that would otherwise have pre19 vailed if alien farm workers had not been 

20 employed in the United States; 

21 ‘‘(ii) whether an adverse effect wage 

22 rate is necessary to prevent wages of 

23 United States farm workers in occupations 

24 in which H–2A workers are employed from 

25 falling below the wage levels that would 


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•S 1348 PCS

1 have prevailed in the absence of the em2 ployment of H–2A workers in those occu3 pations; 

4 ‘‘(iii) whether alternative wage stand5 ards, such as a prevailing wage standard, 

6 would be sufficient to prevent wages in oc7 cupations in which H–2A workers are em8 ployed from falling below the wage level 

9 that would have prevailed in the absence of 

10 H–2A employment; 

11 ‘‘(iv) whether any changes are war12 ranted in the current methodologies for 

13 calculating the adverse effect wage rate 

14 and the prevailing wage; and 

15 ‘‘(v) recommendations for future wage 

16 protection under this section. 

17 ‘‘(H) COMMISSION ON WAGE STAND18 ARDS.— 

19 ‘‘(i) ESTABLISHMENT.—There is es20 tablished the Commission on Agricultural 

21 Wage Standards under the H–2A program 

22 (in this subparagraph referred to as the 

23 ‘Commission’). 

24 ‘‘(ii) COMPOSITION.—The Commission 

25 shall consist of 10 members as follows: 


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•S 1348 PCS

1 ‘‘(I) 4 representatives of agricul2 tural employers and 1 representative 

3 of the Department of Agriculture, 

4 each appointed by the Secretary of 

5 Agriculture. 

6 ‘‘(II) 4 representatives of agricul7 tural workers and 1 representative of 

8 the Department of Labor, each ap9 pointed by the Secretary of Labor. 

10 ‘‘(iii) FUNCTIONS.—The Commission 

11 shall conduct a study that shall address— 

12 ‘‘(I) whether the employment of 

13 H–2A or unauthorized aliens in the 

14 United States agricultural workforce 

15 has depressed United States farm 

16 worker wages below the levels that 

17 would otherwise have prevailed if alien 

18 farm workers had not been employed 

19 in the United States; 

20 ‘‘(II) whether an adverse effect 

21 wage rate is necessary to prevent 

22 wages of United States farm workers 

23 in occupations in which H–2A work24 ers are employed from falling below 

25 the wage levels that would have preVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 vailed in the absence of the employ2 ment of H–2A workers in those occu3 pations; 

4 ‘‘(III) whether alternative wage 

5 standards, such as a prevailing wage 

6 standard, would be sufficient to pre7 vent wages in occupations in which 

8 H–2A workers are employed from fall9 ing below the wage level that would 

10 have prevailed in the absence of H–2A 

11 employment; 

12 ‘‘(IV) whether any changes are 

13 warranted in the current methodolo14 gies for calculating the adverse effect 

15 wage rate and the prevailing wage 

16 rate; and 

17 ‘‘(V) recommendations for future 

18 wage protection under this section. 

19 ‘‘(iv) FINAL REPORT.—Not later than 

20 December 31, 2008, the Commission shall 

21 submit a report to the Congress setting 

22 forth the findings of the study conducted 

23 under clause (iii). 


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1 ‘‘(v) TERMINATION DATE.—The Com2 mission shall terminate upon submitting 

3 its final report. 

4 ‘‘(4) GUARANTEE OF EMPLOYMENT.— 

5 ‘‘(A) OFFER TO WORKER.—The employer 

6 shall guarantee to offer the worker employment 

7 for the hourly equivalent of at least three8 fourths of the work days of the total period of 

9 employment, beginning with the first work day 

10 after the arrival of the worker at the place of 

11 employment and ending on the expiration date 

12 specified in the job offer. For purposes of this 

13 subparagraph, the hourly equivalent means the 

14 number of hours in the work days as stated in 

15 the job offer and shall exclude the worker’s 

16 Sabbath and Federal holidays. If the employer 

17 affords the United States or H–2A worker less 

18 employment than that required under this para19 graph, the employer shall pay such worker the 

20 amount which the worker would have earned 

21 had the worker, in fact, worked for the guaran22 teed number of hours. 

23 ‘‘(B) FAILURE TO WORK.—Any hours 

24 which the worker fails to work, up to a max25 imum of the number of hours specified in the 


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•S 1348 PCS

1 job offer for a work day, when the worker has 

2 been offered an opportunity to do so, and all 

3 hours of work actually performed (including vol4 untary work in excess of the number of hours 

5 specified in the job offer in a work day, on the 

6 worker’s Sabbath, or on Federal holidays) may 

7 be counted by the employer in calculating 

8 whether the period of guaranteed employment 

9 has been met. 

10 ‘‘(C) ABANDONMENT OF EMPLOYMENT, 

11 TERMINATION FOR CAUSE.—If the worker vol12 untarily abandons employment before the end 

13 of the contract period, or is terminated for 

14 cause, the worker is not entitled to the ‘three15 fourths guarantee’ described in subparagraph 

16 (A). 

17 ‘‘(D) CONTRACT IMPOSSIBILITY.—If, be18 fore the expiration of the period of employment 

19 specified in the job offer, the services of the 

20 worker are no longer required for reasons be21 yond the control of the employer due to any 

22 form of natural disaster, including but not lim23 ited to a flood, hurricane, freeze, earthquake, 

24 fire, drought, plant or animal disease or pest in25 festation, or regulatory drought, before the 


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•S 1348 PCS

1 guarantee in subparagraph (A) is fulfilled, the 

2 employer may terminate the worker’s employ3 ment. In the event of such termination, the em4 ployer shall fulfill the employment guarantee in 

5 subparagraph (A) for the work days that have 

6 elapsed from the first work day after the arrival 

7 of the worker to the termination of employ8 ment. In such cases, the employer will make ef9 forts to transfer the United States worker to 

10 other comparable employment acceptable to the 

11 worker. If such transfer is not effected, the em12 ployer shall provide the return transportation 

13 required in paragraph (2)(D). 

14 ‘‘(5) MOTOR VEHICLE SAFETY.— 

15 ‘‘(A) MODE OF TRANSPORTATION SUBJECT

16 TO COVERAGE.— 

17 ‘‘(i) IN GENERAL.—Except as pro18 vided in clauses (iii) and (iv), this sub19 section applies to any H–2A employer that 

20 uses or causes to be used any vehicle to 

21 transport an H–2A worker within the 

22 United States. 

23 ‘‘(ii) DEFINED TERM.—In this para24 graph, the term ‘uses or causes to be 

25 used’— 


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•S 1348 PCS

1 ‘‘(I) applies only to transpor2 tation provided by an H–2A employer 

3 to an H–2A worker, or by a farm 

4 labor contractor to an H–2A worker 

5 at the request or direction of an H– 

6 2A employer; and 

7 ‘‘(II) does not apply to— 

8 ‘‘(aa) transportation pro9 vided, or transportation arrange10 ments made, by an H–2A work11 er, unless the employer specifi12 cally requested or arranged such 

13 transportation; or 

14 ‘‘(bb) car pooling arrange15 ments made by H–2A workers 

16 themselves, using 1 of the work17 ers’ own vehicles, unless specifi18 cally requested by the employer 

19 directly or through a farm labor 

20 contractor. 

21 ‘‘(iii) CLARIFICATION.—Providing a 

22 job offer to an H–2A worker that causes 

23 the worker to travel to or from the place 

24 of employment, or the payment or reim25 bursement of the transportation costs of 


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•S 1348 PCS

1 an H–2A worker by an H–2A employer, 

2 shall not constitute an arrangement of, or 

3 participation in, such transportation. 

4 ‘‘(iv) AGRICULTURAL MACHINERY AND

5 EQUIPMENT EXCLUDED.—This subsection 

6 does not apply to the transportation of an 

7 H–2A worker on a tractor, combine, har8 vester, picker, or other similar machinery 

9 or equipment while such worker is actually 

10 engaged in the planting, cultivating, or 

11 harvesting of agricultural commodities or 

12 the care of livestock or poultry or engaged 

13 in transportation incidental thereto. 

14 ‘‘(v) COMMON CARRIERS EX15 CLUDED.—This subsection does not apply 

16 to common carrier motor vehicle transpor17 tation in which the provider holds itself out 

18 to the general public as engaging in the 

19 transportation of passengers for hire and 

20 holds a valid certification of authorization 

21 for such purposes from an appropriate 

22 Federal, State, or local agency. 

23 ‘‘(B) APPLICABILITY OF STANDARDS, LI24 CENSING, AND INSURANCE REQUIREMENTS.— 


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1 ‘‘(i) IN GENERAL.—When using, or 

2 causing to be used, any vehicle for the pur3 pose of providing transportation to which 

4 this subparagraph applies, each employer 

5 shall— 

6 ‘‘(I) ensure that each such vehi7 cle conforms to the standards pre8 scribed by the Secretary of Labor 

9 under section 401(b) of the Migrant 

10 and Seasonal Agricultural Worker 

11 Protection Act (29 U.S.C. 1841(b)) 

12 and other applicable Federal and 

13 State safety standards; 

14 ‘‘(II) ensure that each driver has 

15 a valid and appropriate license, as 

16 provided by State law, to operate the 

17 vehicle; and 

18 ‘‘(III) have an insurance policy 

19 or a liability bond that is in effect 

20 which insures the employer against li21 ability for damage to persons or prop22 erty arising from the ownership, oper23 ation, or causing to be operated, of 

24 any vehicle used to transport any H– 

25 2A worker. 


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1 ‘‘(ii) AMOUNT OF INSURANCE RE2 QUIRED.—The level of insurance required 

3 shall be determined by the Secretary of 

4 Labor pursuant to regulations to be issued 

5 under this subsection. 

6 ‘‘(iii) EFFECT OF WORKERS’ COM7 PENSATION COVERAGE.—If the employer 

8 of any H–2A worker provides workers’ 

9 compensation coverage for such worker in 

10 the case of bodily injury or death as pro11 vided by State law, the following adjust12 ments in the requirements of subparagraph 

13 (B)(i)(III) relating to having an insurance 

14 policy or liability bond apply: 

15 ‘‘(I) No insurance policy or liabil16 ity bond shall be required of the em17 ployer, if such workers are trans18 ported only under circumstances for 

19 which there is coverage under such 

20 State law. 

21 ‘‘(II) An insurance policy or li22 ability bond shall be required of the 

23 employer for circumstances under 

24 which coverage for the transportation 


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•S 1348 PCS

1 of such workers is not provided under 

2 such State law. 

3 ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An em4 ployer shall assure that, except as otherwise provided in 

5 this section, the employer will comply with all applicable 

6 Federal, State, and local labor laws, including laws affect7 ing migrant and seasonal agricultural workers, with re8 spect to all United States workers and alien workers em9 ployed by the employer, except that a violation of this as10 surance shall not constitute a violation of the Migrant and 

11 Seasonal Agricultural Worker Protection Act (29 U.S.C. 

12 1801 et seq.). 

13 ‘‘(d) COPY OF JOB OFFER.—The employer shall pro14 vide to the worker, not later than the day the work com15 mences, a copy of the employer’s application and job offer 

16 described in section 218(a), or, if the employer will require 

17 the worker to enter into a separate employment contract 

18 covering the employment in question, such separate em19 ployment contract. 

20 ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.—Nothing 

21 in this section, section 218, or section 218F shall preclude 

22 the Secretary of Labor and the Secretary from continuing 

23 to apply special procedures and requirements to the ad24 mission and employment of aliens in occupations involving 

25 the range production of livestock. 


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1 ‘‘SEC. 218F. PROCEDURE FOR ADMISSION AND EXTENSION 

2 OF STAY OF H–2A WORKERS. 

3 ‘‘(a) PETITIONING FOR ADMISSION.—An employer, 

4 or an association acting as an agent or joint employer for 

5 its members, that seeks the admission into the United 

6 States of an H–2A worker may file a petition with the 

7 Secretary. The petition shall be accompanied by an accept8 ed and currently valid certification provided by the Sec9 retary of Labor under section 218(e)(2)(B) covering the 

10 petitioner. 

11 ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC12 RETARY.—The Secretary shall establish a procedure for 

13 expedited adjudication of petitions filed under subsection 

14 (a) and within 7 working days shall, by fax, cable, or other 

15 means assuring expedited delivery, transmit a copy of no16 tice of action on the petition to the petitioner and, in the 

17 case of approved petitions, to the appropriate immigration 

18 officer at the port of entry or United States consulate (as 

19 the case may be) where the petitioner has indicated that 

20 the alien beneficiary (or beneficiaries) will apply for a visa 

21 or admission to the United States. 

22 ‘‘(c) CRITERIA FOR ADMISSIBILITY.— 

23 ‘‘(1) IN GENERAL.—An H–2A worker shall be 

24 considered admissible to the United States if the 

25 alien is otherwise admissible under this section, secVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tion 218, and section 218E, and the alien is not in2 eligible under paragraph (2). 

3 ‘‘(2) DISQUALIFICATION.—An alien shall be 

4 considered inadmissible to the United States and in5 eligible for nonimmigrant status under section 

6 101(a)(15)(H)(ii)(a) if the alien has, at any time 

7 during the past 5 years— 

8 ‘‘(A) violated a material provision of this 

9 section, including the requirement to promptly 

10 depart the United States when the alien’s au11 thorized period of admission under this section 

12 has expired; or 

13 ‘‘(B) otherwise violated a term or condition 

14 of admission into the United States as a non15 immigrant, including overstaying the period of 

16 authorized admission as such a nonimmigrant. 

17 ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW18 FUL PRESENCE.— 

19 ‘‘(A) IN GENERAL.—An alien who has not 

20 previously been admitted into the United States 

21 pursuant to this section, and who is otherwise 

22 eligible for admission in accordance with para23 graphs (1) and (2), shall not be deemed inad24 missible by virtue of section 212(a)(9)(B). If an 

25 alien described in the preceding sentence is 


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•S 1348 PCS

1 present in the United States, the alien may 

2 apply from abroad for H–2A status, but may 

3 not be granted that status in the United States. 

4 ‘‘(B) MAINTENANCE OF WAIVER.—An 

5 alien provided an initial waiver of ineligibility 

6 pursuant to subparagraph (A) shall remain eli7 gible for such waiver unless the alien violates 

8 the terms of this section or again becomes ineli9 gible under section 212(a)(9)(B) by virtue of 

10 unlawful presence in the United States after 

11 the date of the initial waiver of ineligibility pur12 suant to subparagraph (A). 

13 ‘‘(d) PERIOD OF ADMISSION.— 

14 ‘‘(1) IN GENERAL.—The alien shall be admitted 

15 for the period of employment in the application cer16 tified by the Secretary of Labor pursuant to section 

17 218(e)(2)(B), not to exceed 10 months, supple18 mented by a period of not more than 1 week before 

19 the beginning of the period of employment for the 

20 purpose of travel to the work site and a period of 

21 14 days following the period of employment for the 

22 purpose of departure or extension based on a subse23 quent offer of employment, except that— 

24 ‘‘(A) the alien is not authorized to be em25 ployed during such 14-day period except in the 


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•S 1348 PCS

1 employment for which the alien was previously 

2 authorized; and 

3 ‘‘(B) the total period of employment, in4 cluding such 14-day period, may not exceed 10 

5 months. 

6 ‘‘(2) CONSTRUCTION.—Nothing in this sub7 section shall limit the authority of the Secretary to 

8 extend the stay of the alien under any other provi9 sion of this Act. 

10 ‘‘(e) ABANDONMENT OF EMPLOYMENT.— 

11 ‘‘(1) IN GENERAL.—An alien admitted or pro12 vided status under section 101(a)(15)(H)(ii)(a) who 

13 abandons the employment which was the basis for 

14 such admission or status shall be considered to have 

15 failed to maintain nonimmigrant status as an H–2A 

16 worker and shall depart the United States or be sub17 ject to removal under section 237(a)(1)(C)(i). 

18 ‘‘(2) REPORT BY EMPLOYER.—The employer, or 

19 association acting as agent for the employer, shall 

20 notify the Secretary not later than 7 days after an 

21 H–2A worker prematurely abandons employment. 

22 ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec23 retary shall promptly remove from the United States 

24 any H–2A worker who violates any term or condi25 tion of the worker’s nonimmigrant status. 


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1 ‘‘(4) VOLUNTARY TERMINATION.—Notwith2 standing paragraph (1), an alien may voluntarily 

3 terminate his or her employment if the alien prompt4 ly departs the United States upon termination of 

5 such employment. 

6 ‘‘(f) REPLACEMENT OF ALIEN.— 

7 ‘‘(1) IN GENERAL.—Upon presentation of the 

8 notice to the Secretary required by subsection (e)(2), 

9 the Secretary of State shall promptly issue a visa to, 

10 and the Secretary shall admit into the United 

11 States, an eligible alien designated by the employer 

12 to replace an H–2A worker— 

13 ‘‘(A) who abandons or prematurely termi14 nates employment; or 

15 ‘‘(B) whose employment is terminated 

16 after a United States worker is employed pur17 suant to section 218(b)(2)(H)(iii), if the United 

18 States worker voluntarily departs before the 

19 end of the period of intended employment or if 

20 the employment termination is for a lawful job21 related reason. 

22 ‘‘(2) CONSTRUCTION.—Nothing in this sub23 section is intended to limit any preference required 

24 to be accorded United States workers under any 

25 other provision of this Act. 


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•S 1348 PCS

1 ‘‘(g) IDENTIFICATION DOCUMENT.— 

2 ‘‘(1) IN GENERAL.—Each alien authorized to be 

3 admitted under section 101(a)(15)(H)(ii)(a) shall be 

4 provided an identification and employment eligibility 

5 document to verify eligibility for employment in the 

6 United States and verify such person’s proper iden7 tity. 

8 ‘‘(2) REQUIREMENTS.—No identification and 

9 employment eligibility document may be issued 

10 which does not meet the following requirements: 

11 ‘‘(A) The document shall be capable of re12 liably determining whether— 

13 ‘‘(i) the individual with the identifica14 tion and employment eligibility document 

15 whose eligibility is being verified is in fact 

16 eligible for employment; 

17 ‘‘(ii) the individual whose eligibility is 

18 being verified is claiming the identity of 

19 another person; and 

20 ‘‘(iii) the individual whose eligibility is 

21 being verified is authorized to be admitted 

22 into, and employed in, the United States 

23 as an H–2A worker. 

24 ‘‘(B) The document shall be in a form that 

25 is resistant to counterfeiting and to tampering. 


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1 ‘‘(C) The document shall— 

2 ‘‘(i) be compatible with other data3 bases of the Secretary for the purpose of 

4 excluding aliens from benefits for which 

5 they are not eligible and determining 

6 whether the alien is unlawfully present in 

7 the United States; and 

8 ‘‘(ii) be compatible with law enforce9 ment databases to determine if the alien 

10 has been convicted of criminal offenses. 

11 ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN THE

12 UNITED STATES.— 

13 ‘‘(1) EXTENSION OF STAY.—If an employer 

14 seeks approval to employ an H–2A alien who is law15 fully present in the United States, the petition filed 

16 by the employer or an association pursuant to sub17 section (a), shall request an extension of the alien’s 

18 stay and a change in the alien’s employment. 

19 ‘‘(2) LIMITATION ON FILING A PETITION FOR

20 EXTENSION OF STAY.—A petition may not be filed 

21 for an extension of an alien’s stay— 

22 ‘‘(A) for a period of more than 10 months; 

23 or 


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1 ‘‘(B) to a date that is more than 3 years 

2 after the date of the alien’s last admission to 

3 the United States under this section. 

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 EMPLOYMENT AUTHORIZA10 TION OF ALIENS WITHOUT VALID IDENTIFICATION

11 AND EMPLOYMENT ELIGIBILITY DOCUMENT.—An ex12 pired identification and employment eligibility docu13 ment, together with a copy of a petition for exten14 sion of stay or change in the alien’s authorized em15 ployment that complies with the requirements of 

16 paragraph (1), shall constitute a valid work author17 ization document for a period of not more than 60 

18 days beginning on the date on which such petition 

19 is filed, after which time only a currently valid iden20 tification and employment eligibility document shall 

21 be acceptable. 

22 ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN

23 STATUS.— 

24 ‘‘(A) MAXIMUM PERIOD.—The maximum 

25 continuous period of authorized status as an 


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1 H–2A worker (including any extensions) is 3 

2 years. 

3 ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE

4 THE UNITED STATES.— 

5 ‘‘(i) IN GENERAL.—Subject to clause 

6 (ii), in the case of an alien outside the 

7 United States whose period of authorized 

8 status as an H–2A worker (including any 

9 extensions) has expired, the alien may not 

10 again apply for admission to the United 

11 States as an H–2A worker unless the alien 

12 has remained outside the United States for 

a continuous period equal to at least 1 13 ⁄5

14 the duration of the alien’s previous period 

15 of authorized status as an H–2A worker 

16 (including any extensions). 

17 ‘‘(ii) EXCEPTION.—Clause (i) shall 

18 not apply in the case of an alien if the 

19 alien’s period of authorized status as an 

20 H–2A worker (including any extensions) 

21 was for a period of not more than 10 

22 months and such alien has been outside 

23 the United States for at least 2 months 

24 during the 12 months preceding the date 


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1 the alien again is applying for admission to 

2 the United States as an H–2A worker. 

3 ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED AS

4 SHEEPHERDERS, GOAT HERDERS, OR DAIRY WORK5 ERS.—Notwithstanding any provision of the AgJOBS Act 

6 of 2007, an alien admitted under section 

7 101(a)(15)(H)(ii)(a) for employment as a sheepherder, 

8 goat herder, or dairy worker— 

9 ‘‘(1) may be admitted for an initial period of 12 

10 months; 

11 ‘‘(2) subject to subsection (j)(5), may have such 

12 initial period of admission extended for a period of 

13 up to 3 years; and 

14 ‘‘(3) shall not be subject to the requirements of 

15 subsection (h)(5) (relating to periods of absence 

16 from the United States). 

17 ‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT RESI18 DENT STATUS FOR ALIENS EMPLOYED AS SHEEP19 HERDERS, GOAT HERDERS, OR DAIRY WORKERS.— 

20 ‘‘(1) ELIGIBLE ALIEN.—For purposes of this 

21 subsection, the term ‘eligible alien’ means an alien— 

22 ‘‘(A) having nonimmigrant status under 

23 section 101(a)(15)(H)(ii)(a) based on employ24 ment as a sheepherder, goat herder, or dairy 

25 worker; 


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1 ‘‘(B) who has maintained such non2 immigrant status in the United States for a cu3 mulative total of 36 months (excluding any pe4 riod of absence from the United States); and 

5 ‘‘(C) who is seeking to receive an immi6 grant visa under section 203(b)(3)(A)(iii). 

7 ‘‘(2) CLASSIFICATION PETITION.—In the case 

8 of an eligible alien, the petition under section 204 

9 for classification under section 203(b)(3)(A)(iii) may 

10 be filed by— 

11 ‘‘(A) the alien’s employer on behalf of an 

12 eligible alien; or 

13 ‘‘(B) the eligible alien. 

14 ‘‘(3) NO LABOR CERTIFICATION REQUIRED.— 

15 Notwithstanding section 203(b)((3)(C), no deter16 mination under section 212(a)(5)(A) is required with 

17 respect to an immigrant visa described in paragraph 

18 (1)(C) for an eligible alien. 

19 ‘‘(4) EFFECT OF PETITION.—The filing of a pe20 tition described in paragraph (2) or an application 

21 for adjustment of status based on the approval of 

22 such a petition, shall not constitute evidence of an 

23 alien’s ineligibility for nonimmigrant status under 

24 section 101(a)(15)(H)(ii)(a). 


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1 ‘‘(5) EXTENSION OF STAY.—The Secretary of 

2 Homeland Security shall extend the stay of an eligi3 ble alien having a pending or approved classification 

4 petition described in paragraph (2) in 1-year incre5 ments until a final determination is made on the 

6 alien’s eligibility for adjustment of status to that of 

7 an alien lawfully admitted for permanent residence. 

8 ‘‘(6) CONSTRUCTION.—Nothing in this sub9 section shall be construed to prevent an eligible alien 

10 from seeking adjustment of status in accordance 

11 with any other provision of law. 

12 ‘‘SEC. 218G. WORKER PROTECTIONS AND LABOR STAND13 ARDS ENFORCEMENT. 

14 ‘‘(a) ENFORCEMENT AUTHORITY.— 

15 ‘‘(1) INVESTIGATION OF COMPLAINTS.— 

16 ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY

17 COMPLAINTS.—The Secretary of Labor shall es18 tablish a process for the receipt, investigation, 

19 and disposition of complaints respecting a peti20 tioner’s failure to meet a condition specified in 

21 section 218(b), or an employer’s misrepresenta22 tion of material facts in an application under 

23 section 218(a). Complaints may be filed by any 

24 aggrieved person or organization (including bar25 gaining representatives). No investigation or 


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1 hearing shall be conducted on a complaint con2 cerning such a failure or misrepresentation un3 less the complaint was filed not later than 12 

4 months after the date of the failure, or mis5 representation, respectively. The Secretary of 

6 Labor shall conduct an investigation under this 

7 subparagraph if there is reasonable cause to be8 lieve that such a failure or misrepresentation 

9 has occurred. 

10 ‘‘(B) DETERMINATION ON COMPLAINT.— 

11 Under such process, the Secretary of Labor 

12 shall provide, within 30 days after the date 

13 such a complaint is filed, for a determination as 

14 to whether or not a reasonable basis exists to 

15 make a finding described in subparagraph (C), 

16 (D), (E), or (H). If the Secretary of Labor de17 termines that such a reasonable basis exists, 

18 the Secretary of Labor shall provide for notice 

19 of such determination to the interested parties 

20 and an opportunity for a hearing on the com21 plaint, in accordance with section 556 of title 5, 

22 United States Code, within 60 days after the 

23 date of the determination. If such a hearing is 

24 requested, the Secretary of Labor shall make a 

25 finding concerning the matter not later than 60 


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1 days after the date of the hearing. In the case 

2 of similar complaints respecting the same appli3 cant, the Secretary of Labor may consolidate 

4 the hearings under this subparagraph on such 

5 complaints. 

6 ‘‘(C) FAILURES TO MEET CONDITIONS.—If 

7 the Secretary of Labor finds, after notice and 

8 opportunity for a hearing, a failure to meet a 

9 condition of paragraph (1)(A), (1)(B), (1)(D), 

10 (1)(F), (2)(A), (2)(B), or (2)(G) of section 

11 218(b), a substantial failure to meet a condition 

12 of paragraph (1)(C), (1)(E), (2)(C), (2)(D), 

13 (2)(E), or (2)(H) of section 218(b), or a mate14 rial misrepresentation of fact in an application 

15 under section 218(a)— 

16 ‘‘(i) the Secretary of Labor shall no17 tify the Secretary of such finding and may, 

18 in addition, impose such other administra19 tive remedies (including civil money pen20 alties in an amount not to exceed $1,000 

21 per violation) as the Secretary of Labor 

22 determines to be appropriate; and 

23 ‘‘(ii) the Secretary may disqualify the 

24 employer from the employment of aliens 


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1 described in section 101(a)(15)(H)(ii)(a) 

2 for a period of 1 year. 

3 ‘‘(D) WILLFUL FAILURES AND WILLFUL

4 MISREPRESENTATIONS.—If the Secretary of 

5 Labor finds, after notice and opportunity for 

6 hearing, a willful failure to meet a condition of 

7 section 218(b), a willful misrepresentation of a 

8 material fact in an application under section 

9 218(a), or a violation of subsection (d)(1)— 

10 ‘‘(i) the Secretary of Labor shall no11 tify the Secretary of such finding and may, 

12 in addition, impose such other administra13 tive remedies (including civil money pen14 alties in an amount not to exceed $5,000 

15 per violation) as the Secretary of Labor 

16 determines to be appropriate; 

17 ‘‘(ii) the Secretary of Labor may seek 

18 appropriate legal or equitable relief to ef19 fectuate the purposes of subsection (d)(1); 

20 and 

21 ‘‘(iii) the Secretary may disqualify the 

22 employer from the employment of H–2A 

23 workers for a period of 2 years. 

24 ‘‘(E) DISPLACEMENT OF UNITED STATES

25 WORKERS.—If the Secretary of Labor finds, 


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1 after notice and opportunity for hearing, a will2 ful failure to meet a condition of section 218(b) 

3 or a willful misrepresentation of a material fact 

4 in an application under section 218(a), in the 

5 course of which failure or misrepresentation the 

6 employer displaced a United States worker em7 ployed by the employer during the period of em8 ployment on the employer’s application under 

9 section 218(a) or during the period of 30 days 

10 preceding such period of employment— 

11 ‘‘(i) the Secretary of Labor shall no12 tify the Secretary of such finding and may, 

13 in addition, impose such other administra14 tive remedies (including civil money pen15 alties in an amount not to exceed $15,000 

16 per violation) as the Secretary of Labor 

17 determines to be appropriate; and 

18 ‘‘(ii) the Secretary may disqualify the 

19 employer from the employment of H–2A 

20 workers for a period of 3 years. 

21 ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN22 ALTIES.—The Secretary of Labor shall not im23 pose total civil money penalties with respect to 

24 an application under section 218(a) in excess of 

25 $90,000. 


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1 ‘‘(G) FAILURES TO PAY WAGES OR RE2 QUIRED BENEFITS.—If the Secretary of Labor 

3 finds, after notice and opportunity for a hear4 ing, that the employer has failed to pay the 

5 wages, or provide the housing allowance, trans6 portation, subsistence reimbursement, or guar7 antee of employment, required under section 

8 218E(b), the Secretary of Labor shall assess 

9 payment of back wages, or other required bene10 fits, due any United States worker or H–2A 

11 worker employed by the employer in the specific 

12 employment in question. The back wages or 

13 other required benefits under section 218E(b) 

14 shall be equal to the difference between the 

15 amount that should have been paid and the 

16 amount that actually was paid to such worker. 

17 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in 

18 this section shall be construed as limiting the au19 thority of the Secretary of Labor to conduct any 

20 compliance investigation under any other labor law, 

21 including any law affecting migrant and seasonal ag22 ricultural workers, or, in the absence of a complaint 

23 under this section, under section 218 or 218E. 

24 ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE RIGHT OF

25 ACTION.—H–2A workers may enforce the following rights 


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1 through the private right of action provided in subsection 

2 (c), and no other right of action shall exist under Federal 

3 or State law to enforce such rights: 

4 ‘‘(1) The providing of housing or a housing al5 lowance as required under section 218E(b)(1). 

6 ‘‘(2) The reimbursement of transportation as 

7 required under section 218E(b)(2). 

8 ‘‘(3) The payment of wages required under sec9 tion 218E(b)(3) when due. 

10 ‘‘(4) The benefits and material terms and con11 ditions of employment expressly provided in the job 

12 offer described in section 218(a)(2), not including 

13 the assurance to comply with other Federal, State, 

14 and local labor laws described in section 218E(c), 

15 compliance with which shall be governed by the pro16 visions of such laws. 

17 ‘‘(5) The guarantee of employment required 

18 under section 218E(b)(4). 

19 ‘‘(6) The motor vehicle safety requirements 

20 under section 218E(b)(5). 

21 ‘‘(7) The prohibition of discrimination under 

22 subsection (d)(2). 

23 ‘‘(c) PRIVATE RIGHT OF ACTION.— 

24 ‘‘(1) MEDIATION.—Upon the filing of a com25 plaint by an H–2A worker aggrieved by a violation 


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1 of rights enforceable under subsection (b), and with2 in 60 days of the filing of proof of service of the 

3 complaint, a party to the action may file a request 

4 with the Federal Mediation and Conciliation Service 

5 to assist the parties in reaching a satisfactory reso6 lution of all issues involving all parties to the dis7 pute. Upon a filing of such request and giving of no8 tice to the parties, the parties shall attempt medi9 ation within the period specified in subparagraph 

10 (B). 

11 ‘‘(A) MEDIATION SERVICES.—The Federal 

12 Mediation and Conciliation Service shall be 

13 available to assist in resolving disputes arising 

14 under subsection (b) between H–2A workers 

15 and agricultural employers without charge to 

16 the parties. 

17 ‘‘(B) 90-DAY LIMIT.—The Federal Medi18 ation and Conciliation Service may conduct me19 diation or other non-binding dispute resolution 

20 activities for a period not to exceed 90 days be21 ginning on the date on which the Federal Medi22 ation and Conciliation Service receives the re23 quest for assistance unless the parties agree to 

24 an extension of this period of time. 

25 ‘‘(C) AUTHORIZATION.— 


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1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (ii), there are authorized to be appro3 priated to the Federal Mediation and Con4 ciliation Service $500,000 for each fiscal 

5 year to carry out this section. 

6 ‘‘(ii) MEDIATION.—Notwithstanding 

7 any other provision of law, the Director of 

8 the Federal Mediation and Conciliation 

9 Service is authorized to conduct the medi10 ation or other dispute resolution activities 

11 from any other appropriated funds avail12 able to the Director and to reimburse such 

13 appropriated funds when the funds are ap14 propriated pursuant to this authorization, 

15 such reimbursement to be credited to ap16 propriations currently available at the time 

17 of receipt. 

18 ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS19 TRICT COURT BY AGGRIEVED PERSON.—An H–2A 

20 worker aggrieved by a violation of rights enforceable 

21 under subsection (b) by an agricultural employer or 

22 other person may file suit in any district court of the 

23 United States having jurisdiction of the parties, 

24 without regard to the amount in controversy, with25 out regard to the citizenship of the parties, and 


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1 without regard to the exhaustion of any alternative 

2 administrative remedies under this Act, not later 

3 than 3 years after the date the violation occurs. 

4 ‘‘(3) ELECTION.—An H–2A worker who has 

5 filed an administrative complaint with the Secretary 

6 of Labor may not maintain a civil action under 

7 paragraph (2) unless a complaint based on the same 

8 violation filed with the Secretary of Labor under 

9 subsection (a)(1) is withdrawn before the filing of 

10 such action, in which case the rights and remedies 

11 available under this subsection shall be exclusive. 

12 ‘‘(4) PREEMPTION OF STATE CONTRACT

13 RIGHTS.—Nothing in this Act shall be construed to 

14 diminish the rights and remedies of an H–2A worker 

15 under any other Federal or State law or regulation 

16 or under any collective bargaining agreement, except 

17 that no court or administrative action shall be avail18 able under any State contract law to enforce the 

19 rights created by this Act. 

20 ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree21 ments by employees purporting to waive or modify 

22 their rights under this Act shall be void as contrary 

23 to public policy, except that a waiver or modification 

24 of the rights or obligations in favor of the Secretary 

25 of Labor shall be valid for purposes of the enforceVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00605 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 ment of this Act. The preceding sentence may not 

2 be construed to prohibit agreements to settle private 

3 disputes or litigation. 

4 ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI5 TABLE RELIEF.— 

6 ‘‘(A) If the court finds that the respondent 

7 has intentionally violated any of the rights en8 forceable under subsection (b), it shall award 

9 actual damages, if any, or equitable relief. 

10 ‘‘(B) Any civil action brought under this 

11 section shall be subject to appeal as provided in 

12 chapter 83 of title 28, United States Code. 

13 ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX14 CLUSIVE REMEDY.— 

15 ‘‘(A) Notwithstanding any other provision 

16 of this section, where a State’s workers’ com17 pensation law is applicable and coverage is pro18 vided for an H–2A worker, the workers’ com19 pensation benefits shall be the exclusive remedy 

20 for the loss of such worker under this section 

21 in the case of bodily injury or death in accord22 ance with such State’s workers’ compensation 

23 law. 

24 ‘‘(B) The exclusive remedy prescribed in 

25 subparagraph (A) precludes the recovery under 


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1 paragraph (6) of actual damages for loss from 

2 an injury or death but does not preclude other 

3 equitable relief, except that such relief shall not 

4 include back or front pay or in any manner, di5 rectly or indirectly, expand or otherwise alter or 

6 affect— 

7 ‘‘(i) a recovery under a State workers’ 

8 compensation law; or 

9 ‘‘(ii) rights conferred under a State 

10 workers’ compensation law. 

11 ‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— 

12 If it is determined under a State workers’ compensa13 tion law that the workers’ compensation law is not 

14 applicable to a claim for bodily injury or death of an 

15 H–2A worker, the statute of limitations for bringing 

16 an action for actual damages for such injury or 

17 death under subsection (c) shall be tolled for the pe18 riod during which the claim for such injury or death 

19 under such State workers’ compensation law was 

20 pending. The statute of limitations for an action for 

21 actual damages or other equitable relief arising out 

22 of the same transaction or occurrence as the injury 

23 or death of the H–2A worker shall be tolled for the 

24 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 218(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 218 or 218E or any rule or regulation per8 taining to section 218 or 218E, 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 218 

12 or 218E or any rule or regulation pertaining to ei13 ther 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 

17 218(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 218 and 

18 218E, 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. 218H. DEFINITIONS. 

14 ‘‘For purposes of this section, section 218, and sec15 tions 218E through 218G: 

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 (26 U.S.C. 3121(g)). For purposes of this para23 graph, agricultural employment includes employment 

24 under section 101(a)(15)(H)(ii)(a). 


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1 ‘‘(2) BONA FIDE UNION.—The term ‘bona fide 

2 union’ means any organization in which employees 

3 participate and which exists for the purpose of deal4 ing with employers concerning grievances, labor dis5 putes, wages, rates of pay, hours of employment, or 

6 other terms and conditions of work for agricultural 

7 employees. Such term does not include an organiza8 tion formed, created, administered, supported, domi9 nated, financed, or controlled by an employer or em10 ployer association or its agents or representatives. 

11 ‘‘(3) DISPLACE.—The term ‘displace’, in the 

12 case of an application with respect to 1 or more H– 

13 2A workers by an employer, means laying off a 

14 United States worker from a job for which the H– 

15 2A worker or workers is or are sought. 

16 ‘‘(4) ELIGIBLE.—The term ‘eligible’, when used 

17 with respect to an individual, means an individual 

18 who is not an unauthorized alien (as defined in sec19 tion 274A). 

20 ‘‘(5) EMPLOYER.—The term ‘employer’ means 

21 any person or entity, including any farm labor con22 tractor and any agricultural association, that em23 ploys workers in agricultural employment. 

24 ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em25 ployer’ means an employer who seeks to hire 1 or 


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1 more nonimmigrant aliens described in section 

2 101(a)(15)(H)(ii)(a). 

3 ‘‘(7) H–2A WORKER.—The term ‘H–2A worker’ 

4 means a nonimmigrant described in section 

5 101(a)(15)(H)(ii)(a). 

6 ‘‘(8) JOB OPPORTUNITY.—The term ‘job oppor7 tunity’ means a job opening for temporary full-time 

8 employment at a place in the United States to which 

9 United States workers can be referred. 

10 ‘‘(9) LAYS OFF.— 

11 ‘‘(A) IN GENERAL.—The term ‘lays off’, 

12 with respect to a worker— 

13 ‘‘(i) means to cause the worker’s loss 

14 of employment, other than through a dis15 charge for inadequate performance, viola16 tion of workplace rules, cause, voluntary 

17 departure, voluntary retirement, contract 

18 impossibility (as described in section 

19 218E(b)(4)(D)), or temporary layoffs due 

20 to weather, markets, or other temporary 

21 conditions; but 

22 ‘‘(ii) does not include any situation in 

23 which the worker is offered, as an alter24 native to such loss of employment, a simi25 lar employment opportunity with the same 


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1 employer (or, in the case of a placement of 

2 a worker with another employer under sec3 tion 218(b)(2)(E), with either employer de4 scribed in such section) at equivalent or 

5 higher compensation and benefits than the 

6 position from which the employee was dis7 charged, regardless of whether or not the 

8 employee accepts the offer. 

9 ‘‘(B) STATUTORY CONSTRUCTION.—Noth10 ing in this paragraph is intended to limit an 

11 employee’s rights under a collective bargaining 

12 agreement or other employment contract. 

13 ‘‘(10) REGULATORY DROUGHT.—The term ‘reg14 ulatory drought’ means a decision subsequent to the 

15 filing of the application under section 218 by an en16 tity not under the control of the employer making 

17 such filing which restricts the employer’s access to 

18 water for irrigation purposes and reduces or limits 

19 the employer’s ability to produce an agricultural 

20 commodity, thereby reducing the need for labor. 

21 ‘‘(11) SEASONAL.—Labor is performed on a 

22 ‘seasonal’ basis if— 

23 ‘‘(A) ordinarily, it pertains to or is of the 

24 kind exclusively performed at certain seasons or 

25 periods of the year; and 


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1 ‘‘(B) from its nature, it may not be contin2 uous or carried on throughout the year. 

3 ‘‘(12) SECRETARY.—The term ‘Secretary’ 

4 means the Secretary of Homeland Security. 

5 ‘‘(13) TEMPORARY.—A worker is employed on a 

6 ‘temporary’ basis where the employment is intended 

7 not to exceed 10 months. 

8 ‘‘(14) UNITED STATES WORKER.—The term 

9 ‘United States worker’ means any worker, whether 

10 a United States citizen or national, a lawfully admit11 ted permanent resident alien, or any other alien, 

12 who is authorized to work in the job opportunity 

13 within the United States, except an alien admitted 

14 or otherwise provided status under section 

15 101(a)(15)(H)(ii)(a).’’. 

16 (b) CLERICAL AMENDMENTS.—The table of contents 

17 (8 U.S.C. 1101 et seq.) is amended— 

18 (1) by striking the item relating to section 218 

19 and inserting the following: 

‘‘Sec. 218. H–2A employer applications.’’. 

20 and 

21 (2) by inserting after the item relating to sec22 tion 218D, as added by section 601 of this Act, the 

23 following: 

‘‘Sec. 218E. H–2A employment requirements. 

‘‘Sec. 218F. Procedure for admission and extension of stay of H–2A workers. 


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‘‘Sec. 218G. Worker protections and labor standards enforcement. 

‘‘Sec. 218H. Definitions.’’. 

1 CHAPTER 3—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 616. DETERMINATION AND USE OF USER FEES. 

4 (a) SCHEDULE OF FEES.—The Secretary shall estab5 lish and periodically adjust a schedule of fees for the em6 ployment of aliens under this subtitle and the amendments 

7 made by this subtitle, and a collection process for such 

8 fees from employers participating in the program provided 

9 under this subtitle. Such fees shall be the only fees charge10 able to employers for services provided under this subtitle. 

11 (b) DETERMINATION OF SCHEDULE.— 

12 (1) IN GENERAL.—The schedule under sub13 section (a) shall reflect a fee rate based on the num14 ber of job opportunities indicated in the employer’s 

15 application under section 218 of the Immigration 

16 and Nationality Act, as added by section 615 of this 

17 Act, and sufficient to provide for the direct costs of 

18 providing services related to an employer’s author19 ization to employ eligible aliens pursuant to this sub20 title, to include the certification of eligible employ21 ers, the issuance of documentation, and the admis22 sion of eligible aliens. 

23 (2) PROCEDURE.— 


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1 (A) IN GENERAL.—In establishing and ad2 justing such a schedule, the Secretary shall 

3 comply with Federal cost accounting and fee 

4 setting standards. 

5 (B) PUBLICATION AND COMMENT.—The 

6 Secretary shall publish in the Federal Register 

7 an initial fee schedule and associated collection 

8 process and the cost data or estimates upon 

9 which such fee schedule is based, and any sub10 sequent amendments thereto, pursuant to which 

11 public comment shall be sought and a final rule 

12 issued. 

13 (c) USE OF PROCEEDS.—Notwithstanding any other 

14 provision of law, all proceeds resulting from the payment 

15 of the alien employment user fees shall be available with16 out further appropriation and shall remain available with17 out fiscal year limitation to reimburse the Secretary, the 

18 Secretary of State, and the Secretary of Labor for the 

19 costs of carrying out sections 218 and 218F of the Immi20 gration and Nationality Act, as added by section 615 of 

21 this Act, and the provisions of this subtitle. 

22 SEC. 617. REGULATIONS. 

23 (a) REGULATIONS OF THE SECRETARY.—The Sec24 retary shall consult with the Secretary of Labor and the 

25 Secretary of Agriculture on all regulations to implement 


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1 the duties of the Secretary under this subtitle and the 

2 amendments made by this subtitle. 

3 (b) REGULATIONS OF THE SECRETARY OF STATE.— 

4 The Secretary of State shall consult with the Secretary, 

5 the Secretary of Labor, and the Secretary of Agriculture 

6 on all regulations to implement the duties of the Secretary 

7 of State under this subtitle and the amendments made by 

8 this subtitle. 

9 (c) REGULATIONS OF THE SECRETARY OF LABOR.— 

10 The Secretary of Labor shall consult with the Secretary 

11 of Agriculture and the Secretary on all regulations to im12 plement the duties of the Secretary of Labor under this 

13 subtitle and the amendments made by this subtitle. 

14 (d) DEADLINE FOR ISSUANCE OF REGULATIONS.— 

15 All regulations to implement the duties of the Secretary, 

16 the Secretary of State, and the Secretary of Labor created 

17 under sections 218, 218E, 218F, and 218G of the Immi18 gration and Nationality Act, as added by section 615 of 

19 this Act, shall take effect on the effective date of section 

20 615 and shall be issued not later than 1 year after the 

21 date of enactment of this Act. 

22 SEC. 618. REPORT TO CONGRESS. 

23 Not later than September 30 of each year, the Sec24 retary shall submit a report to Congress that identifies, 

25 for the previous year— 


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1 (1) the number of job opportunities approved 

2 for employment of aliens admitted under section 

3 101(a)(15)(H)(ii)(a) of the Immigration and Nation4 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), and the 

5 number of workers actually admitted, by State and 

6 by occupation; 

7 (2) the number of such aliens reported to have 

8 abandoned employment pursuant to subsection 

9 218F(e)(2) of such Act; 

10 (3) the number of such aliens who departed the 

11 United States within the period specified in sub12 section 218F(d) of such Act; 

13 (4) the number of aliens who applied for adjust14 ment of status pursuant to section 613(a); 

15 (5) the number of such aliens whose status was 

16 adjusted under section 613(a); 

17 (6) the number of aliens who applied for perma18 nent residence pursuant to section 613(c); and 

19 (7) the number of such aliens who were ap20 proved for permanent residence pursuant section 

21 613(c). 

22 SEC. 619. EFFECTIVE DATE. 

23 (a) IN GENERAL.—Except as otherwise provided, sec24 tions 615 and 616 shall take effect 1 year after the date 

25 of the enactment of this Act. 


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1 (b) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Secretary shall prepare 

3 and submit to the appropriate committees of Congress a 

4 report that describes the measures being taken and the 

5 progress made in implementing this subtitle. 

6 Subtitle C—DREAM Act of 2007 

7 SEC. 621. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Development, Re9 lief, and Education for Alien Minors Act of 2007’’ or the 

10 ‘‘DREAM Act of 2007’’. 

11 SEC. 622. DEFINITIONS. 

12 In this subtitle: 

13 (1) INSTITUTION OF HIGHER EDUCATION.—The 

14 term ‘‘institution of higher education’’ has the 

15 meaning given that term in section 101 of the High16 er Education Act of 1965 (20 U.S.C. 1001). 

17 (2) UNIFORMED SERVICES.—The term ‘‘uni18 formed services’’ has the meaning given that term in 

19 section 101(a) of title 10, United States Code. 

20 SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE 

21 RESIDENCY FOR PURPOSES OF HIGHER EDU22 CATION BENEFITS. 

23 (a) IN GENERAL.—Section 505 of the Illegal Immi24 gration Reform and Immigrant Responsibility Act of 1996 

25 (8 U.S.C. 1623) is repealed. 


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1 (b) EFFECTIVE DATE.—The repeal under subsection 

2 (a) shall take effect as if included in the enactment of the 

3 Illegal Immigration Reform and Immigrant Responsibility 

4 Act of 1996. 

5 SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT 

6 OF STATUS OF CERTAIN LONG-TERM RESI7 DENTS WHO ENTERED THE UNITED STATES 

8 AS CHILDREN. 

9 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI10 DENTS WHO ENTERED THE UNITED STATES AS CHIL11 DREN.— 

12 (1) IN GENERAL.—Notwithstanding any other 

13 provision of law and except as otherwise provided in 

14 this subtitle, the Secretary may cancel removal of, 

15 and adjust to the status of an alien lawfully admit16 ted for permanent residence, subject to the condi17 tional basis described in section 625, an alien who 

18 is inadmissible or deportable from the United States, 

19 if the alien demonstrates that— 

20 (A) the alien has been physically present in 

21 the United States for a continuous period of 

22 not less than 5 years immediately preceding the 

23 date of enactment of this Act, and had not yet 

24 reached the age of 16 years at the time of ini25 tial entry; 


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1 (B) the alien has been a person of good 

2 moral character since the time of application; 

3 (C) the alien— 

4 (i) is not inadmissible under para5 graph (2), (3), (6)(B), (6)(C), (6)(E), 

6 (6)(F), or (6)(G) of section 212(a) of the 

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

8 1182(a)), or, if inadmissible solely under 

9 subparagraph (C) or (F) of paragraph (6) 

10 of such subsection, the alien was under the 

11 age of 16 years at the time the violation 

12 was committed; and 

13 (ii) is not deportable under paragraph 

14 (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), 

15 (4), or (6) of section 237(a) of the Immi16 gration and Nationality Act (8 U.S.C. 

17 1227(a)), or, if deportable solely under 

18 subparagraphs (C) or (D) of paragraph (3) 

19 of such subsection, the alien was under the 

20 age of 16 years at the time the violation 

21 was committed; 

22 (D) the alien, at the time of application, 

23 has been admitted to an institution of higher 

24 education in the United States, or has earned 

25 a high school diploma or obtained a general 


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1 education development certificate in the United 

2 States; and 

3 (E) the alien has never been under a final 

4 administrative or judicial order of exclusion, de5 portation, or removal, unless the alien has re6 mained in the United States under color of law 

7 or received the order before attaining the age of 

8 16 years. 

9 (2) WAIVER.—The Secretary may waive the 

10 grounds of ineligibility under section 212(a)(6) of 

11 the Immigration and Nationality Act and the 

12 grounds of deportability under paragraphs (1), (3), 

13 and (6) of section 237(a) of that Act for humani14 tarian purposes or family unity or when it is other15 wise in the public interest. 

16 (3) PROCEDURES.—The Secretary shall provide 

17 a procedure by regulation allowing eligible individ18 uals to apply affirmatively for the relief available 

19 under this subsection without being placed in re20 moval proceedings. 

21 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

22 purposes of this section, any period of continuous resi23 dence or continuous physical presence in the United States 

24 of an alien who applies for cancellation of removal under 

25 this section shall not terminate when the alien is served 


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1 a notice to appear under section 239(a) of the Immigra2 tion and Nationality Act (8 U.S.C. 1229(a)). 

3 (c) TREATMENT OF CERTAIN BREAKS IN PRES4 ENCE.— 

5 (1) IN GENERAL.—An alien shall be considered 

6 to have failed to maintain continuous physical pres7 ence in the United States under subsection (a) if the 

8 alien has departed from the United States for any 

9 period in excess of 90 days or for any periods in the 

10 aggregate exceeding 180 days. 

11 (2) EXTENSIONS FOR EXCEPTIONAL CIR12 CUMSTANCES.—The Secretary may extend the time 

13 periods described in paragraph (1) if the alien dem14 onstrates that the failure to timely return to the 

15 United States was due to exceptional circumstances. 

16 The exceptional circumstances determined sufficient 

17 to justify an extension should be no less compelling 

18 than serious illness of the alien, or death or serious 

19 illness of a parent, grandparent, sibling, or child. 

20 (d) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

21 Nothing in this section may be construed to apply a nu22 merical limitation on the number of aliens who may be 

23 eligible for cancellation of removal or adjustment of status 

24 under this section. 

25 (e) REGULATIONS.— 


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1 (1) PROPOSED REGULATIONS.—Not later than 

2 180 days after the date of enactment of this Act, the 

3 Secretary shall publish proposed regulations imple4 menting this section. Such regulations shall be effec5 tive immediately on an interim basis, but are subject 

6 to change and revision after public notice and oppor7 tunity for a period for public comment. 

8 (2) INTERIM, FINAL REGULATIONS.—Within a 

9 reasonable time after publication of the interim reg10 ulations in accordance with paragraph (1), the Sec11 retary shall publish final regulations implementing 

12 this section. 

13 (f) REMOVAL OF ALIEN.—The Secretary may not re14 move any alien who has a pending application for condi15 tional status under this subtitle. 

16 SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS. 

17 (a) IN GENERAL.— 

18 (1) CONDITIONAL BASIS FOR STATUS.—Not19 withstanding any other provision of law, and except 

20 as provided in section 626, an alien whose status has 

21 been adjusted under section 624 to that of an alien 

22 lawfully admitted for permanent residence shall be 

23 considered to have obtained such status on a condi24 tional basis subject to the provisions of this section. 

25 Such conditional permanent resident status shall be 


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1 valid for a period of 6 years, subject to termination 

2 under subsection (b). 

3 (2) NOTICE OF REQUIREMENTS.— 

4 (A) AT TIME OF OBTAINING PERMANENT

5 RESIDENCE.—At the time an alien obtains per6 manent resident status on a conditional basis 

7 under paragraph (1), the Secretary shall pro8 vide for notice to the alien regarding the provi9 sions of this section and the requirements of 

10 subsection (c) to have the conditional basis of 

11 such status removed. 

12 (B) EFFECT OF FAILURE TO PROVIDE NO13 TICE.—The failure of the Secretary to provide 

14 a notice under this paragraph— 

15 (i) shall not affect the enforcement of 

16 the provisions of this subtitle with respect 

17 to the alien; and 

18 (ii) shall not give rise to any private 

19 right of action by the alien. 

20 (b) TERMINATION OF STATUS.— 

21 (1) IN GENERAL.—The Secretary shall termi22 nate the conditional permanent resident status of 

23 any alien who obtained such status under this sub24 title, if the Secretary determines that the alien— 


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1 (A) ceases to meet the requirements of 

2 subparagraph (B) or (C) of section 624(a)(1); 

3 (B) has become a public charge; or 

4 (C) has received a dishonorable or other 

5 than honorable discharge from the uniformed 

6 services. 

7 (2) RETURN TO PREVIOUS IMMIGRATION STA8 TUS.—Any alien whose conditional permanent resi9 dent status is terminated under paragraph (1) shall 

10 return to the immigration status the alien had im11 mediately prior to receiving conditional permanent 

12 resident status under this subtitle. 

13 (c) REQUIREMENTS OF TIMELY PETITION FOR RE14 MOVAL OF CONDITION.— 

15 (1) IN GENERAL.—In order for the conditional 

16 basis of permanent resident status obtained by an 

17 alien under subsection (a) to be removed, the alien 

18 must file with the Secretary, in accordance with 

19 paragraph (3), a petition which requests the removal 

20 of such conditional basis and which provides, under 

21 penalty of perjury, the facts and information so that 

22 the Secretary may make the determination described 

23 in paragraph (2)(A). 

24 (2) ADJUDICATION OF PETITION TO REMOVE

25 CONDITION.— 


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1 (A) IN GENERAL.—If a petition is filed in 

2 accordance with paragraph (1) for an alien, the 

3 Secretary shall make a determination as to 

4 whether the alien meets the requirements set 

5 out in subparagraphs (A) through (E) of sub6 section (d)(1). 

7 (B) REMOVAL OF CONDITIONAL BASIS IF

8 FAVORABLE DETERMINATION.—If the Secretary 

9 determines that the alien meets such require10 ments, the Secretary shall notify the alien of 

11 such determination and immediately remove the 

12 conditional basis of the status of the alien. 

13 (C) TERMINATION IF ADVERSE DETER14 MINATION.—If the Secretary determines that 

15 the alien does not meet such requirements, the 

16 Secretary shall notify the alien of such deter17 mination and terminate the conditional perma18 nent resident status of the alien as of the date 

19 of the determination. 

20 (3) TIME TO FILE PETITION.—An alien may pe21 tition to remove the conditional basis to lawful resi22 dent status during the period beginning 180 days 

23 before and ending 2 years after either the date that 

24 is 6 years after the date of the granting of condi25 tional permanent resident status or any other expiVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00628 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 ration date of the conditional permanent resident 

2 status as extended by the Secretary in accordance 

3 with this subtitle. The alien shall be deemed in con4 ditional permanent resident status in the United 

5 States during the period in which the petition is 

6 pending. 

7 (d) DETAILS OF PETITION.— 

8 (1) CONTENTS OF PETITION.—Each petition 

9 for an alien under subsection (c)(1) shall contain in10 formation to permit the Secretary to determine 

11 whether each of the following requirements is met: 

12 (A) The alien has demonstrated good 

13 moral character during the entire period the 

14 alien has been a conditional permanent resi15 dent. 

16 (B) The alien is in compliance with section 

17 624(a)(1)(C). 

18 (C) The alien has not abandoned the 

19 alien’s residence in the United States. The Sec20 retary shall presume that the alien has aban21 doned such residence if the alien is absent from 

22 the United States for more than 365 days, in 

23 the aggregate, during the period of conditional 

24 residence, unless the alien demonstrates that 

25 alien has not abandoned the alien’s residence. 


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1 An alien who is absent from the United States 

2 due to active service in the uniformed services 

3 has not abandoned the alien’s residence in the 

4 United States during the period of such service. 

5 (D) The alien has completed at least 1 of 

6 the following: 

7 (i) The alien has acquired a degree 

8 from an institution of higher education in 

9 the United States or has completed at 

10 least 2 years, in good standing, in a pro11 gram for a bachelor’s degree or higher de12 gree in the United States. 

13 (ii) The alien has served in the uni14 formed services for at least 2 years and, if 

15 discharged, has received an honorable dis16 charge. 

17 (E) The alien has provided a list of all of 

18 the secondary educational institutions that the 

19 alien attended in the United States. 

20 (2) HARDSHIP EXCEPTION.— 

21 (A) IN GENERAL.—The Secretary may, in 

22 the Secretary’s discretion, remove the condi23 tional status of an alien if the alien— 


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1 (i) satisfies the requirements of sub2 paragraphs (A), (B), and (C) of paragraph 

3 (1); 

4 (ii) demonstrates compelling cir5 cumstances for the inability to complete 

6 the requirements described in paragraph 

7 (1)(D); and 

8 (iii) demonstrates that the alien’s re9 moval from the United States would result 

10 in exceptional and extremely unusual hard11 ship to the alien or the alien’s spouse, par12 ent, or child who is a citizen or a lawful 

13 permanent resident of the United States. 

14 (B) EXTENSION.—Upon a showing of good 

15 cause, the Secretary may extend the period of 

16 the conditional resident status for the purpose 

17 of completing the requirements described in 

18 paragraph (1)(D). 

19 (e) TREATMENT OF PERIOD FOR PURPOSES OF NAT20 URALIZATION.—For purposes of title III of the Immigra21 tion and Nationality Act (8 U.S.C. 1401 et seq.), in the 

22 case of an alien who is in the United States as a lawful 

23 permanent resident on a conditional basis under this sec24 tion, the alien shall be considered to have been admitted 

25 as an alien lawfully admitted for permanent residence and 


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1 to be in the United States as an alien lawfully admitted 

2 to the United States for permanent residence. However, 

3 the conditional basis must be removed before the alien 

4 may apply for naturalization. 

5 SEC. 626. RETROACTIVE BENEFITS. 

6 If, on the date of enactment of this Act, an alien has 

7 satisfied all the requirements of subparagraphs (A) 

8 through (E) of section 624(a)(1) and section 

9 625(d)(1)(D), the Secretary may adjust the status of the 

10 alien to that of a conditional resident in accordance with 

11 section 624. The alien may petition for removal of such 

12 condition at the end of the conditional residence period 

13 in accordance with section 625(c) if the alien has met the 

14 requirements of subparagraphs (A), (B), and (C) of sec15 tion 625(d)(1) during the entire period of conditional resi16 dence. 

17 SEC. 627. EXCLUSIVE JURISDICTION. 

18 (a) IN GENERAL.—The Secretary shall have exclusive 

19 jurisdiction to determine eligibility for relief under this 

20 subtitle, except where the alien has been placed into depor21 tation, exclusion, or removal proceedings either prior to 

22 or after filing an application for relief under this subtitle, 

23 in which case the Attorney General shall have exclusive 

24 jurisdiction and shall assume all the powers and duties 

25 of the Secretary until proceedings are terminated, or if 


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1 a final order of deportation, exclusion, or removal is en2 tered the Secretary shall resume all powers and duties del3 egated to the Secretary under this subtitle. 

4 (b) STAY OF REMOVAL OF CERTAIN ALIENS EN5 ROLLED IN PRIMARY OR SECONDARY SCHOOL.—The At6 torney General shall stay the removal proceedings of any 

7 alien who— 

8 (1) meets all the requirements of subpara9 graphs (A), (B), (C), and (E) of section 624(a)(1); 

10 (2) is at least 12 years of age; and 

11 (3) is enrolled full time in a primary or sec12 ondary school. 

13 (c) EMPLOYMENT.—An alien whose removal is stayed 

14 pursuant to subsection (b) may be engaged in employment 

15 in the United States, consistent with the Fair Labor 

16 Standards Act (29 U.S.C. 201 et seq.), and State and 

17 local laws governing minimum age for employment. 

18 (d) LIFT OF STAY.—The Attorney General shall lift 

19 the stay granted pursuant to subsection (b) if the alien— 

20 (1) is no longer enrolled in a primary or sec21 ondary school; or 

22 (2) ceases to meet the requirements of sub23 section (b)(1). 


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1 SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICA2 TION. 

3 Whoever files an application for relief under this sub4 title and willfully and knowingly falsifies, misrepresents, 

5 or conceals a material fact or makes any false or fraudu6 lent statement or representation, or makes or uses any 

7 false writing or document knowing the same to contain 

8 any false or fraudulent statement or entry, shall be fined 

9 in accordance with title 18, United States Code, or impris10 oned not more than 5 years, or both. 

11 SEC. 629. CONFIDENTIALITY OF INFORMATION. 

12 (a) PROHIBITION.—No officer or employee of the 

13 United States may— 

14 (1) use the information furnished by the appli15 cant pursuant to an application filed under this sub16 title to initiate removal proceedings against any per17 sons identified in the application; 

18 (2) make any publication whereby the informa19 tion furnished by any particular individual pursuant 

20 to an application under this subtitle can be identi21 fied; or 

22 (3) permit anyone other than an officer or em23 ployee of the United States Government or, in the 

24 case of applications filed under this subtitle with a 

25 designated entity, that designated entity, to examine 

26 applications filed under this subtitle. 


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1 (b) REQUIRED DISCLOSURE.—The Attorney General 

2 or the Secretary shall provide the information furnished 

3 under this section, and any other information derived from 

4 such furnished information, to— 

5 (1) a duly recognized law enforcement entity in 

6 connection with an investigation or prosecution of an 

7 offense described in paragraph (2) or (3) of section 

8 212(a) of the Immigration and Nationality Act (8 

9 U.S.C. 1182(a)), when such information is requested 

10 in writing by such entity; or 

11 (2) an official coroner for purposes of affirma12 tively identifying a deceased individual (whether or 

13 not such individual is deceased as a result of a 

14 crime). 

15 (c) PENALTY.—Whoever knowingly uses, publishes, 

16 or permits information to be examined in violation of this 

17 section shall be fined not more than $10,000. 

18 SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PRO19 HIBITION ON FEES. 

20 Regulations promulgated under this subtitle shall 

21 provide that applications under this subtitle will be consid22 ered on an expedited basis and without a requirement for 

23 the payment by the applicant of any additional fee for 

24 such expedited processing. 


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1 SEC. 631. HIGHER EDUCATION ASSISTANCE. 

2 Notwithstanding any provision of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1001 et seq.), with respect 

4 to assistance provided under title IV of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1070 et seq.), an alien who 

6 adjusts status to that of a lawful permanent resident 

7 under this subtitle shall be eligible only for the following 

8 assistance under such title IV: 

9 (1) Student loans under parts B, D, and E of 

10 such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 

11 1087aa et seq.), subject to the requirements of such 

12 parts. 

13 (2) Federal work-study programs under part C 

14 of such title IV (42 U.S.C. 2751 et seq.), subject to 

15 the requirements of such part. 

16 (3) Services under such title IV (20 U.S.C. 

17 1070 et seq.), subject to the requirements for such 

18 services. 

19 SEC. 632. GAO REPORT. 

20 Seven years after the date of enactment of this Act, 

21 the Comptroller General of the United States shall submit 

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

23 and the Committee on the Judiciary of the House of Rep24 resentatives, which sets forth— 


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1 (1) the number of aliens who were eligible for 

2 cancellation of removal and adjustment of status 

3 under section 624(a); 

4 (2) the number of aliens who applied for adjust5 ment of status under section 624(a); 

6 (3) the number of aliens who were granted ad7 justment of status under section 624(a); and 

8 (4) the number of aliens whose conditional per9 manent resident status was removed under section 

10 625. 

11 Subtitle D—Programs To Assist 

12 Nonimmigrant Workers 

13 SEC. 641. INELIGIBILITY AND REMOVAL BEFORE APPLICA14 TION PERIOD. 

15 (a) LIMITATIONS ON INELIGIBILITY.— 

16 (1) IN GENERAL.—An alien is not ineligible for 

17 any immigration benefit under any provision of this 

18 title, or any amendment made by this title, solely on 

19 the basis that the alien violated section 1543, 1544, 

20 or 1546 of chapter 75 of title 18, United States 

21 Code, during the period beginning on the date of the 

22 enactment of this Act and ending on the date that 

23 the Department of Homeland Security begins ac24 cepting applications for benefits under title VI. 


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1 (2) PROSECUTION.—An alien who commits a 

2 violation of such section 1543, 1544, or 1546 during 

3 the period beginning on the date the enactment of 

4 this Act and ending on the date that the alien ap5 plies for eligibility for such benefit may be pros6 ecuted for the violation if the alien’s application for 

7 such benefit is denied. 

8 (b) LIMITATION ON REMOVAL.—If an alien who is 

9 apprehended prior to the beginning of the applicable appli10 cation period described in a provision of this title, or an 

11 amendment made by this title, is able to establish prima 

12 facie eligibility for an adjustment of status under such a 

13 provision, the alien may not be removed from the United 

14 States for any reason until the date that is 180 days after 

15 the first day of such applicable application period unless 

16 the alien has engaged in criminal conduct or is a threat 

17 to the national security of the United States. 

18 SEC. 642. GRANTS TO SUPPORT PUBLIC EDUCATION AND 

19 COMMUNITY TRAINING. 

20 (a) GRANTS AUTHORIZED.—The Assistant Attorney 

21 General, Office of Justice Programs, may award grants 

22 to qualified non-profit community organizations to edu23 cate, train, and support non-profit agencies, immigrant 

24 communities, and other interested entities regarding the 


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1 provisions of this Act and the amendments made by this 

2 Act. 

3 (b) USE OF FUNDS.— 

4 (1) IN GENERAL.—Grants awarded under this 

5 section shall be used— 

6 (A) for public education, training, technical 

7 assistance, government liaison, and all related 

8 costs (including personnel and equipment) in9 curred by the grantee in providing services re10 lated to this Act; and 

11 (B) to educate, train, and support non12 profit organizations, immigrant communities, 

13 and other interested parties regarding this Act 

14 and the amendments made by this Act and on 

15 matters related to its implementation. 

16 (2) EDUCATION.—In addition to the purposes 

17 described in paragraph (1), grants awarded under 

18 this section shall be used to— 

19 (A) educate immigrant communities and 

20 other interested entities regarding— 

21 (i) the individuals and organizations 

22 that can provide authorized legal represen23 tation in immigration matters under regu24 lations prescribed by the Secretary; and 


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1 (ii) the dangers of securing legal ad2 vice and assistance from those who are not 

3 authorized to provide legal representation 

4 in immigration matters; 

5 (B) educate interested entities regarding 

6 the requirements for obtaining nonprofit rec7 ognition and accreditation to represent immi8 grants under regulations prescribed by the Sec9 retary; 

10 (C) provide nonprofit agencies with train11 ing and technical assistance on the recognition 

12 and accreditation process; and 

13 (D) educate nonprofit community organi14 zations, immigrant communities, and other in15 terested entities regarding— 

16 (i) the process for obtaining benefits 

17 under this Act or under an amendment 

18 made by this Act; and 

19 (ii) the availability of authorized legal 

20 representation for low-income persons who 

21 may qualify for benefits under this Act or 

22 under an amendment made by this Act. 

23 (c) DIVERSITY.—The Assistant Attorney General 

24 shall ensure, to the extent possible, that the nonprofit 

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1 tion serve geographically diverse locations and ethnically 

2 diverse populations who may qualify for benefits under the 

3 Act. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Office of Justice 

6 Programs of the Department of Justice such sums as may 

7 be necessary for each of the fiscal years 2008 through 

8 2010 to carry out this section. 

9 SEC. 643. STRENGTHENING AMERICAN CITIZENSHIP. 

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

11 ‘‘Strengthening American Citizenship Act of 2007’’. 

12 (b) DEFINITION.—In this section, the term ‘‘Oath of 

13 Allegiance’’ means the binding oath (or affirmation) of al14 legiance required to be naturalized as a citizen of the 

15 United States, as prescribed in section 337(e) of the Im16 migration and Nationality Act, as added by subsection 

17 (h)(1)(B). 

18 (c) ENGLISH FLUENCY.— 

19 (1) EDUCATION GRANTS.— 

20 (A) ESTABLISHMENT.—The Chief of the 

21 Office of Citizenship of the Department (re22 ferred to in this paragraph as the ‘‘Chief’’) 

23 shall establish a grant program to provide 

24 grants in an amount not to exceed $500 to as25 sist legal residents of the United States who deVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 clare an intent to apply for citizenship in the 

2 United States to meet the requirements under 

3 section 312 of the Immigration and Nationality 

4 Act (8 U.S.C. 1423). 

5 (B) USE OF FUNDS.—Grant funds award6 ed under this paragraph shall be paid directly 

7 to an accredited institution of higher education 

8 or other qualified educational institution (as de9 termined by the Chief) for tuition, fees, books, 

10 and other educational resources required by a 

11 course on the English language in which the 

12 legal resident is enrolled. 

13 (C) APPLICATION.—A legal resident desir14 ing a grant under this paragraph shall submit 

15 an application to the Chief at such time, in 

16 such manner, and accompanied by such infor17 mation as the Chief may reasonably require. 

18 (D) PRIORITY.—If insufficient funds are 

19 available to award grants to all qualified appli20 cants, the Chief shall give priority based on the 

21 financial need of the applicants. 

22 (E) NOTICE.—The Secretary, upon rel23 evant registration of a legal resident with the 

24 Department, shall notify such legal resident of 

25 the availability of grants under this paragraph 


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1 for legal residents who declare an intent to 

2 apply for United States citizenship. 

3 (F) DEFINITION.—For purposes of this 

4 subsection, the term ‘‘legal resident’’ means a 

5 lawful permanent resident or a lawfully admit6 ted alien who, in order to adjust status to that 

7 of a lawful permanent resident must dem8 onstrate a knowledge of the English language 

9 or satisfactory pursuit of a course of study to 

10 acquire such knowledge of the English lan11 guage. 

12 (2) FASTER CITIZENSHIP FOR ENGLISH FLU13 ENCY.—Section 316 (8 U.S.C. 1427) is amended by 

14 adding at the end the following: 

15 ‘‘(g) A lawful permanent resident of the United 

16 States who demonstrates English fluency, in accordance 

17 with regulations prescribed by the Secretary of Homeland 

18 Security, in consultation with the Secretary of State, will 

19 satisfy the residency requirement under subsection (a) 

20 upon the completion of 4 years of continuous legal resi21 dency in the United States.’’. 

22 (3) SAVINGS PROVISION.—Nothing in this sub23 section shall be construed to— 

24 (A) modify the English language require25 ments for naturalization under section 


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1 312(a)(1) of the Immigration and Nationality 

2 Act (8 U.S.C. 1423(a)(1)); or 

3 (B) influence the naturalization test rede4 sign process of the Office of Citizenship (except 

5 for the requirement under subsection (h)(2)). 

6 (d) AMERICAN CITIZENSHIP GRANT PROGRAM.— 

7 (1) IN GENERAL.—The Secretary shall establish 

8 a competitive grant program to provide financial as9 sistance for— 

10 (A) efforts by entities (including veterans 

11 and patriotic organizations) certified by the Of12 fice of Citizenship to promote the patriotic inte13 gration of prospective citizens into the Amer14 ican way of life by providing civics, history, and 

15 English as a second language courses, with a 

16 specific emphasis on attachment to principles of 

17 the Constitution of the United States, the he18 roes of American history (including military he19 roes), and the meaning of the Oath of Alle20 giance; and 

21 (B) other activities approved by the Sec22 retary to promote the patriotic integration of 

23 prospective citizens and the implementation of 

24 the Immigration and Nationality Act (8 U.S.C. 

25 1101 et seq.), including grants— 


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1 (i) to promote an understanding of 

2 the form of government and history of the 

3 United States; and 

4 (ii) to promote an attachment to the 

5 principles of the Constitution of the United 

6 States and the well being and happiness of 

7 the people of the United States. 

8 (2) ACCEPTANCE OF GIFTS.—The Secretary 

9 may accept and use gifts from the United States 

10 Citizenship Foundation, if the foundation is estab11 lished under subsection (e), for grants under this 

12 subsection. 

13 (3) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated such sums 

15 as may be necessary to carry out this subsection. 

16 (e) FUNDING FOR THE OFFICE OF CITIZENSHIP.— 

17 (1) AUTHORIZATION.—The Secretary, acting 

18 through the Director of the Bureau of Citizenship 

19 and Immigration Services, is authorized to establish 

20 the United States Citizenship Foundation (referred 

21 to in this subsection as the ‘‘Foundation’’), an orga22 nization duly incorporated in the District of Colum23 bia, exclusively for charitable and educational pur24 poses to support the functions of the Office of Citi25 zenship. 


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1 (2) DEDICATED FUNDING.— 

2 (A) IN GENERAL.—Not less than 1.5 per3 cent of the funds made available to the Bureau 

4 of Citizenship and Immigration Services from 

5 fees shall be dedicated to the functions of the 

6 Office of Citizenship, which shall include the 

7 patriotic integration of prospective citizens 

8 into— 

9 (i) American common values and tra10 ditions, including an understanding of 

11 American history and the principles of the 

12 Constitution of the United States; and 

13 (ii) civic traditions of the United 

14 States, including the Pledge of Allegiance, 

15 respect for the flag of the United States, 

16 and voting in public elections. 

17 (B) SENSE OF CONGRESS.—It is the sense 

18 of Congress that dedicating increased funds to 

19 the Office of Citizenship should not result in an 

20 increase in fees charged by the Bureau of Citi21 zenship and Immigration Services. 

22 (3) GIFTS.— 

23 (A) TO FOUNDATION.—The Foundation 

24 may solicit, accept, and make gifts of money 

25 and other property in accordance with section 


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1 501(c)(3) of the Internal Revenue Code of 

2 1986. 

3 (B) FROM FOUNDATION.—The Office of 

4 Citizenship may accept gifts from the Founda5 tion to support the functions of the Office. 

6 (4) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated such sums 

8 as may be necessary to carry out the mission of the 

9 Office of Citizenship, including the functions de10 scribed in paragraph (2)(A). 

11 (f) RESTRICTION ON USE OF FUNDS.—No funds ap12 propriated to carry out a program under this subsection 

13 (d) or (e) may be used to organize individuals for the pur14 pose of political activism or advocacy. 

15 (g) REPORTING REQUIREMENT.— 

16 (1) IN GENERAL.—The Chief of the Office of 

17 Citizenship shall submit an annual report to the 

18 Committee on Health, Education, Labor, and Pen19 sions of the Senate, the Committee on the Judiciary 

20 of the Senate, the Committee on Education and the 

21 Workforce of the House of Representatives, and the 

22 Committee on the Judiciary of the House of Rep23 resentatives. 

24 (2) CONTENTS.—The report submitted under 

25 paragraph (1) shall include— 


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1 (A) a list of the entities that have received 

2 funds from the Office of Citizenship during the 

3 reporting period under this section and the 

4 amount of funding received by each such entity; 

5 (B) an evaluation of the extent to which 

6 grants received under this section successfully 

7 promoted an understanding of— 

8 (i) the English language; and 

9 (ii) American history and government, 

10 including the heroes of American history, 

11 the meaning of the Oath of Allegiance, and 

12 an attachment to the principles of the Con13 stitution of the United States; and 

14 (C) information about the number of legal 

15 residents who were able to achieve the knowl16 edge described under paragraph (2) as a result 

17 of the grants provided under this section. 

18 (h) OATH OR AFFIRMATION OF RENUNCIATION AND

19 ALLEGIANCE.— 

20 (1) REVISION OF OATH.—Section 337 (8 U.S.C. 

21 1448) is amended— 

22 (A) in subsection (a), by striking ‘‘under 

23 section 310(b) an oath’’ and all that follows 

24 through ‘‘personal moral code.’’ and inserting 


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1 ‘‘under section 310(b), the oath (or affirmation) 

2 of allegiance prescribed in subsection (e).’’; and 

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

4 ‘‘(e)(1) Subject to paragraphs (2) and (3), the oath 

5 (or affirmation) of allegiance prescribed in this subsection 

6 is as follows: ‘I take this oath solemnly, freely, and without 

7 any mental reservation. I absolutely and entirely renounce 

8 all allegiance to any foreign state or power of which I have 

9 been a subject or citizen. My fidelity and allegiance from 

10 this day forward are to the United States of America. I 

11 will bear true faith and allegiance to the Constitution and 

12 laws of the United States, and will support and defend 

13 them against all enemies, foreign and domestic. I will bear 

14 arms, or perform noncombatant military or civilian serv15 ice, on behalf of the United States when required by law. 

16 This I do solemnly swear, so help me God.’. 

17 ‘‘(2) If a person, by reason of religious training and 

18 belief (or individual interpretation thereof) or for other 

19 reasons of good conscience, cannot take the oath pre20 scribed in paragraph (1)— 

21 ‘‘(A) with the term ‘oath’ included, the term 

22 ‘affirmation’ shall be substituted for the term ‘oath’; 

23 and 

24 ‘‘(B) with the phrase ‘so help me God’ included, 

25 the phrase ‘so help me God’ shall be omitted. 


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1 ‘‘(3) If a person shows by clear and convincing evi2 dence to the satisfaction of the Attorney General that such 

3 person, by reason of religious training and belief, cannot 

4 take the oath prescribed in paragraph (1)— 

5 ‘‘(A) because such person is opposed to the 

6 bearing of arms in the Armed Forces of the United 

7 States, the words ‘bear arms, or’ shall be omitted; 

8 and 

9 ‘‘(B) because such person is opposed to any 

10 type of service in the Armed Forces of the United 

11 States, the words ‘bear arms, or’ and ‘noncombatant 

12 military or’ shall be omitted. 

13 ‘‘(4) As used in this subsection, the term ‘religious 

14 training and belief’— 

15 ‘‘(A) means a belief of an individual in relation 

16 to a Supreme Being involving duties superior to 

17 those arising from any human relation; and 

18 ‘‘(B) does not include essentially political, socio19 logical, or philosophical views or a merely personal 

20 moral code. 

21 ‘‘(5) Any reference in this title to ‘oath’ or ‘oath of 

22 allegiance’ under this section shall be deemed to refer to 

23 the oath (or affirmation) of allegiance prescribed under 

24 this subsection.’’. 


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1 (2) HISTORY AND GOVERNMENT TEST.—The 

2 Secretary shall incorporate a knowledge and under3 standing of the meaning of the Oath of Allegiance 

4 into the history and government test given to appli5 cants for citizenship. 

6 (3) NOTICE TO FOREIGN EMBASSIES.—Upon 

7 the naturalization of a new citizen, the Secretary, in 

8 cooperation with the Secretary of State, shall notify 

9 the embassy of the country of which the new citizen 

10 was a citizen or subject that such citizen has— 

11 (A) renounced allegiance to that foreign 

12 country; and 

13 (B) sworn allegiance to the United States. 

14 (4) EFFECTIVE DATE.—The amendments made 

15 by paragraph (1) shall take effect on the date that 

16 is 6 months after the date of enactment of this Act. 

17 (i) ESTABLISHMENT OF NEW CITIZENS AWARD PRO18 GRAM.— 

19 (1) ESTABLISHMENT.—There is established a 

20 new citizens award program to recognize citizens 

21 who— 

22 (A) have made an outstanding contribution 

23 to the United States; and 

24 (B) were naturalized during the 10-year 

25 period ending on the date of such recognition. 


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1 (2) PRESENTATION AUTHORIZED.— 

2 (A) IN GENERAL.—The President is au3 thorized to present a medal, in recognition of 

4 outstanding contributions to the United States, 

5 to citizens described in paragraph (1). 

6 (B) MAXIMUM NUMBER OF AWARDS.—Not 

7 more than 10 citizens may receive a medal 

8 under this subsection in any calendar year. 

9 (3) DESIGN AND STRIKING.—The Secretary of 

10 the Treasury shall strike a medal with suitable em11 blems, devices, and inscriptions, to be determined by 

12 the President. 

13 (4) NATIONAL MEDALS.—The medals struck 

14 pursuant to this subsection are national medals for 

15 purposes of chapter 51 of title 31, United States 

16 Code. 

17 (j) NATURALIZATION CEREMONIES.— 

18 (1) IN GENERAL.—The Secretary, in consulta19 tion with the Director of the National Park Service, 

20 the Archivist of the United States, and other appro21 priate Federal officials, shall develop and implement 

22 a strategy to enhance the public awareness of natu23 ralization ceremonies. 

24 (2) VENUES.—In developing the strategy under 

25 this subsection, the Secretary shall consider the use 


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1 of outstanding and historic locations as venues for 

2 select naturalization ceremonies. 

3 (3) REPORTING REQUIREMENT.—The Secretary 

4 shall submit an annual report to Congress that in5 cludes— 

6 (A) the content of the strategy developed 

7 under this subsection; and 

8 (B) the progress made towards the imple9 mentation of such strategy. 

10 SEC. 644. SUPPLEMENTAL IMMIGRATION FEE. 

11 (a) AUTHORIZATION OF FEE.— 

12 (1) IN GENERAL.—Subject to paragraph (2), 

13 any alien who receives any immigration benefit 

14 under this title, or the amendments made by this 

15 title, shall, before receiving such benefit, pay a fee 

16 to the Secretary in an amount equal to $500, in ad17 dition to other applicable fees and penalties imposed 

18 under this title, or the amendments made by this 

19 title. 

20 (2) FEES CONTINGENT ON APPROPRIATIONS.— 

21 No fee may be collected under this section except to 

22 the extent that the expenditure of the fee to pay the 

23 costs of activities and services for which the fee is 

24 imposed, as described in subsection (b), is provided 

25 for in advance in an appropriations Act. 


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1 (b) DEPOSIT AND EXPENDITURE OF FEES.— 

2 (1) DEPOSIT.—Amounts collected under sub3 section (a) shall be deposited as an offsetting collec4 tion in, and credited to, the accounts providing ap5 propriations— 

6 (A) to carry out the apprehension and de7 tention of any alien who is inadmissible by rea8 son of any offense described in section 212(a); 

9 (B) to carry out the apprehension and de10 tention of any alien who is deportable for any 

11 offense under section 237(a); 

12 (C) to acquire border sensor and surveil13 lance technology; 

14 (D) for air and marine interdiction, oper15 ations, maintenance, and procurement; 

16 (E) for construction projects in support of 

17 the United States Customs and Border Protec18 tion; 

19 (F) to train Federal law enforcement per20 sonnel; and 

21 (G) for maritime security activities. 

22 (2) AVAILABILITY OF FEES.—Amounts depos23 ited under paragraph (1) shall remain available until 

24 expended for the activities and services described in 

25 paragraph (1). 


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1 SEC. 645. ADDRESSING POVERTY IN MEXICO. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) There is a strong correlation between eco4 nomic freedom and economic prosperity. 

5 (2) Trade policy, fiscal burden of government, 

6 government intervention in the economy, monetary 

7 policy, capital flows and foreign investment, banking 

8 and finance, wages and prices, property rights, regu9 lation, and informal market activity are key factors 

10 in economic freedom. 

11 (3) Poverty in Mexico, including rural poverty, 

12 can be mitigated through strengthened economic 

13 freedom within Mexico. 

14 (4) Strengthened economic freedom in Mexico 

15 can be a major influence in mitigating illegal immi16 gration. 

17 (5) Advancing economic freedom within Mexico 

18 is an important part of any comprehensive plan to 

19 understanding the sources of poverty and the path 

20 to economic prosperity. 

21 (b) GRANT AUTHORIZED.—The Secretary of State 

22 may award a grant to a land grant university in the 

23 United States to establish a national program for a broad, 

24 university-based Mexican rural poverty mitigation pro25 gram. 


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1 (c) FUNCTIONS OF MEXICAN RURAL POVERTY MITI2 GATION PROGRAM.—The program established pursuant to 

3 subsection (b) shall— 

4 (1) match a land grant university in the United 

5 States with the lead Mexican public university in 

6 each of Mexico’s 31 states to provide state-level co7 ordination of rural poverty programs in Mexico; 

8 (2) establish relationships and coordinate pro9 grammatic ties between universities in the United 

10 States and universities in Mexico to address the 

11 issue of rural poverty in Mexico; 

12 (3) establish and coordinate relationships with 

13 key leaders in the United States and Mexico to ex14 plore the effect of rural poverty on illegal immigra15 tion of Mexicans into the United States; and 

16 (4) address immigration and border security 

17 concerns through a university-based, binational ap18 proach for long-term institutional change. 

19 (d) USE OF FUNDS.— 

20 (1) AUTHORIZED USES.—Grant funds awarded 

21 under this section may be used— 

22 (A) for education, training, technical as23 sistance, and any related expenses (including 

24 personnel and equipment) incurred by the 


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1 grantee in implementing a program described in 

2 subsection (a); and 

3 (B) to establish an administrative struc4 ture for such program in the United States. 

5 (2) LIMITATIONS.—Grant funds awarded under 

6 this section may not be used for activities, respon7 sibilities, or related costs incurred by entities in 

8 Mexico. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such funds as may be 

11 necessary to carry out this section. 

12 TITLE VII—MISCELLANEOUS 

13 Subtitle A—Immigration Litigation 

14 Reduction 

15 CHAPTER 1—APPEALS AND REVIEW 

16 SEC. 701. 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 shall, sub20 ject to the availability of appropriations for such 

21 purpose, increase the number of positions for attor22 neys in the Office of General Counsel of the Depart23 ment who represent the Department in immigration 

24 matters by not less than 100 above the number of 


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1 such positions for which funds were made available 

2 during each preceding fiscal year. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated to the Sec5 retary for each of the fiscal years 2008 through 

6 2012 such sums as may be necessary to carry out 

7 this subsection. 

8 (b) DEPARTMENT OF JUSTICE.— 

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

10 fiscal years 2008 through 2012, the Attorney Gen11 eral shall, subject to the availability of appropria12 tions for such purpose, increase by not less than 50 

13 the number of positions for attorneys in the Office 

14 of Immigration Litigation of the Department of Jus15 tice. 

16 (2) UNITED STATES ATTORNEYS.—In each of 

17 the fiscal years 2008 through 2012, the Attorney 

18 General shall, subject to the availability of appro19 priations for such purpose, increase by not less than 

20 50 the number of attorneys in the United States At21 torneys’ office to litigate immigration cases in the 

22 Federal courts. 

23 (3) IMMIGRATION JUDGES.—In each of the fis24 cal years 2008 through 2012, the Attorney General 


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1 shall, subject to the availability of appropriations for 

2 such purpose— 

3 (A) increase by not less than 20 the num4 ber of full-time immigration judges compared to 

5 the number of such positions for which funds 

6 were made available during the preceding fiscal 

7 year; and 

8 (B) increase by not less than 80 the num9 ber of positions for personnel to support the im10 migration judges described in subparagraph (A) 

11 compared to the number of such positions for 

12 which funds were made available during the 

13 preceding fiscal year. 

14 (4) STAFF ATTORNEYS.—In each of the fiscal 

15 years 2008 through 2012, the Attorney General 

16 shall, subject to the availability of appropriations for 

17 such purpose— 

18 (A) increase by not less than 10 the num19 ber of positions for full-time staff attorneys in 

20 the Board of Immigration Appeals compared to 

21 the number of such positions for which funds 

22 were made available during the preceding fiscal 

23 year; and 

24 (B) increase by not less than 10 the num25 ber of positions for personnel to support the 


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1 staff attorneys described in subparagraph (A) 

2 compared to the number of such positions for 

3 which funds were made available during the 

4 preceding fiscal year 

5 (5) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated to the At7 torney General for each of the fiscal years 2008 

8 through 2012 such sums as may be necessary to 

9 carry out this subsection, including the hiring of 

10 necessary support staff. 

11 (c) ADMINISTRATIVE OFFICE OF THE UNITED

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

13 through 2012, the Director of the Administrative Office 

14 of the United States Courts shall, subject to the avail15 ability of appropriations, increase by not less than 50 the 

16 number of attorneys in the Federal Defenders Program 

17 who litigate criminal immigration cases in the Federal 

18 courts. 

19 CHAPTER 2—IMMIGRATION REVIEW 

20 REFORM 

21 SEC. 702. BOARD OF IMMIGRATION APPEALS. 

22 (a) COMPOSITION AND APPOINTMENT.—Notwith23 standing any other provision of law, the Board of Immi24 gration Appeals of the Department of Justice (referred to 

25 in this section as the ‘‘Board’’), shall be composed of a 


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1 Chair and 22 other immigration appeals judges, who shall 

2 be appointed by the Attorney General. Upon the expiration 

3 of a term of office, a Board member may continue to act 

4 until a successor has been appointed and qualified. 

5 (b) QUALIFICATIONS.—Each member of the Board, 

6 including the Chair, shall— 

7 (1) be an attorney in good standing of a bar of 

8 a State or the District of Columbia; 

9 (2) have at least— 

10 (A) 7 years of professional, legal expertise; 

11 or 

12 (B) 5 years of professional, legal expertise 

13 in immigration and nationality law; and 

14 (3) meet the minimum appointment require15 ments of an administrative law judge under title 5, 

16 United States Code. 

17 (c) DUTIES OF THE CHAIR.—The Chair of the Board, 

18 subject to the supervision of the Director of the Executive 

19 Office for Immigration Review, shall— 

20 (1) be responsible, on behalf of the Board, for 

21 the administrative operations of the Board and shall 

22 have the power to appoint such administrative as23 sistants, attorneys, clerks, and other personnel as 

24 may be needed for that purpose; 


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1 (2) direct, supervise, and establish internal op2 erating procedures and policies of the Board; 

3 (3) designate a member of the Board to act as 

4 Chair if the Chair is absent or unavailable; 

5 (4) adjudicate cases as a member of the Board; 

6 (5) form 3-member panels as provided by sub7 section (g); 

8 (6) direct that a case be heard en banc as pro9 vided by subsection (h); and 

10 (7) exercise such other authorities as the Direc11 tor may provide. 

12 (d) BOARD MEMBERS DUTIES.—In deciding a case 

13 before the Board, the Board— 

14 (1) shall exercise independent judgment and 

15 discretion; and 

16 (2) may take any action that is appropriate and 

17 necessary for the disposition of such case that is 

18 consistent with the authority provided in this section 

19 and any regulations established in accordance with 

20 this section. 

21 (e) JURISDICTION.— 

22 (1) IN GENERAL.—The Board shall have juris23 diction to hear appeals described in section 

24 1003.1(b) of title 8, Code of Federal Regulations (or 

25 any corresponding similar regulation). 


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1 (2) LIMITATION.—The Board shall not have ju2 risdiction to hear an appeal of a decision of an im3 migration judge for an order of removal entered in 

4 absentia. 

5 (f) SCOPE OF REVIEW.— 

6 (1) FINDINGS OR FACT.—The Board shall— 

7 (A) accept findings of fact determined by 

8 an immigration judge, including findings as to 

9 the credibility of testimony, unless the findings 

10 are clearly erroneous; and 

11 (B) give due deference to an immigration 

12 judge’s application of the law to the facts. 

13 (2) QUESTIONS OF LAW.—The Board shall re14 view de novo questions of law, discretion, and judg15 ment, and all other issues in appeals from decisions 

16 of immigration judges. 

17 (3) APPEALS FROM OFFICERS’ DECISIONS.— 

18 (A) STANDARD OF REVIEW.—The Board 

19 shall review de novo all questions arising in ap20 peals from decisions issued by officers of the 

21 Department. 

22 (B) PROHIBITION OF FACT FINDING.—Ex23 cept for taking administrative notice of com24 monly known facts such as current events or 

25 the contents of official documents, the Board 


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1 may not engage in fact-finding in the course of 

2 deciding appeals. 

3 (C) REMAND.—A party asserting that the 

4 Board cannot properly resolve an appeal with5 out further fact-finding shall file a motion for 

6 remand. If further fact-finding is needed in a 

7 case, the Board shall remand the proceeding to 

8 the immigration judge or, as appropriate, to the 

9 Secretary. 

10 (g) PANELS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (5) all cases shall be subject to review by a 

13 3-member panel. The Chair shall divide the Board 

14 into 3-member panels and designate a presiding 

15 member. 

16 (2) AUTHORITY.—Each panel may exercise the 

17 appropriate authority of the Board that is necessary 

18 for the adjudication of cases before the Board. 

19 (3) QUORUM.—Two members appointed to a 

20 panel shall constitute a quorum for such panel. 

21 (4) CHANGES IN COMPOSITION.—The Chair 

22 may from time to time make changes in the com23 position of a panel and of the presiding member of 

24 a panel. 


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1 (5) PRESIDING MEMBER DECISIONS.—The pre2 siding member of a panel may act alone on any mo3 tion as provided in paragraphs (2) and (3) of sub4 section (i) and may not otherwise dismiss or deter5 mine an appeal as a single Board member. 

6 (h) EN BANC PROCESS.— 

7 (1) IN GENERAL.—The Board may on its own 

8 motion, by a majority vote of the Board members, 

9 or by direction of the Chair— 

10 (A) consider any case as the full Board en 

11 banc; or 

12 (B) reconsider as the full Board en banc 

13 any case that has been considered or decided by 

14 a 3-member panel or by a limited en banc 

15 panel. 

16 (2) QUORUM.—A majority of the Board mem17 bers shall constitute a quorum of the Board sitting 

18 en banc. 

19 (i) DECISIONS OF THE BOARD.— 

20 (1) AFFIRMANCE WITHOUT OPINION.—Upon in21 dividualized review of a case, the Board may affirm 

22 the decision of an immigration judge without opinion 

23 only if— 

24 (A) the decision of the immigration judge 

25 resolved all issues in the case; 


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1 (B) the issue on appeal is squarely con2 trolled by existing Board or Federal court 

3 precedent and does not involve the application 

4 of precedent to a novel fact situation; 

5 (C) the factual and legal questions raised 

6 on appeal are so insubstantial that the case 

7 does not warrant the issuance of a written opin8 ion in the case; and 

9 (D) the Board approves both the result 

10 reached in the decision below and all of the rea11 soning of that decision. 

12 (2) SUMMARY DISMISSAL OF APPEALS.—The 3- 

13 member panel or the presiding member acting alone 

14 may summarily dismiss any appeal or portion of any 

15 appeal in any case which— 

16 (A) the party seeking the appeal fails to 

17 specify the reasons for the appeal; 

18 (B) the only reason for the appeal specified 

19 by such party involves a finding of fact or a 

20 conclusion of law that was conceded by that 

21 party at a prior proceeding; 

22 (C) the appeal is from an order that grant23 ed such party the relief that had been re24 quested; 


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1 (D) the appeal is determined to be filed for 

2 an improper purpose, such as to cause unneces3 sary delay; or 

4 (E) the appeal lacks an arguable basis in 

5 fact or in law and is not supported by a good 

6 faith argument for extension, modification, or 

7 reversal of existing law. 

8 (3) UNOPPOSED DISPOSITIONS.—The 3-member 

9 panel or the presiding member acting alone may— 

10 (A) grant an unopposed motion or a mo11 tion to withdraw an appeal pending before the 

12 Board; or 

13 (B) adjudicate a motion to remand any ap14 peal— 

15 (i) from the decision of an officer of 

16 the Department if the appropriate official 

17 of the Department requests that the mat18 ter be remanded back for further consider19 ation; 

20 (ii) if remand is required because of a 

21 defective or missing transcript; or 

22 (iii) if remand is required for any 

23 other procedural or ministerial issue. 

24 (4) NOTICE OF RIGHT TO APPEAL.—The deci25 sion by the Board shall include notice to the alien 


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1 of the alien’s right to file a petition for review in a 

2 United States Court of Appeals not later than 30 

3 days after the date of the decision. 

4 SEC. 703. IMMIGRATION JUDGES. 

5 (a) APPOINTMENT OF IMMIGRATION JUDGES.— 

6 (1) IN GENERAL.—The Chief Immigration 

7 Judge (as described in section 1003.9 of title 8, 

8 Code of Federal Regulations, or any corresponding 

9 similar regulation) and other immigration judges 

10 shall be appointed by the Attorney General. Upon 

11 the expiration of a term of office, the immigration 

12 judge may continue to act until a successor has been 

13 appointed and qualified. 

14 (2) QUALIFICATIONS.—Each immigration 

15 judge, including the Chief Immigration Judge, shall 

16 be an attorney in good standing of a bar of a State 

17 or the District of Columbia and shall have at least 

18 5 years of professional, legal expertise or at least 3 

19 years professional or legal expertise in immigration 

20 and nationality law. 

21 (b) JURISDICTION.—An Immigration judge shall 

22 have the authority to hear matters related to any removal 

23 proceeding pursuant to section 240 of the Immigration 

24 and Nationality Act (8 U.S.C. 1229a) described in section 


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1 1240.1(a) of title 8, Code of Federal Regulations (or any 

2 corresponding similar regulation). 

3 (c) DUTIES OF IMMIGRATION JUDGES.—In deciding 

4 a case, an immigration judge— 

5 (1) shall exercise independent judgment and 

6 discretion; and 

7 (2) may take any action that is appropriate and 

8 necessary for the disposition of such case that is 

9 consistent with their authorities under this section 

10 and regulations established in accordance with this 

11 section. 

12 (d) REVIEW.—Decisions of immigration judges are 

13 subject to review by the Board of Immigration Appeals 

14 in any case in which the Board has jurisdiction. 

15 SEC. 704. REMOVAL AND REVIEW OF JUDGES. 

16 No immigration judge or member of the Board may 

17 be removed or otherwise subject to disciplinary or adverse 

18 action for their exercise of independent judgment and dis19 cretion as prescribed by this chapter. 

20 SEC. 705. LEGAL ORIENTATION PROGRAM. 

21 (a) CONTINUED OPERATION.—The Director of the 

22 Executive Office for Immigration Review shall continue to 

23 operate a legal orientation program to provide basic infor24 mation about immigration court procedures for immigraVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00669 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tion detainees and shall expand the legal orientation pro2 gram to provide such information on a nationwide basis. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary to carry out such legal orientation program. 

6 SEC. 706. RULEMAKING. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Attorney General shall issue regula9 tions to implement this subtitle. 

10 SEC. 707. GAO STUDY ON THE APPELLATE PROCESS FOR 

11 IMMIGRATION APPEALS. 

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

13 United States shall, not later than 180 days after enact14 ment of this Act, conduct a study on the appellate process 

15 for immigration appeals. 

16 (b) REQUIREMENTS.—In conducting the study under 

17 subsection (a), the Comptroller General shall consider the 

18 possibility of consolidating all appeals from the Board of 

19 Immigration Appeals and habeas corpus petitions in immi20 gration cases into 1 United States Court of Appeals, by— 

21 (1) consolidating all such appeals into an exist22 ing circuit court, such as the United States Court of 

23 Appeals for the Federal Circuit; 

24 (2) consolidating all such appeals into a central25 ized appellate court consisting of active circuit court 


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1 judges temporarily assigned from the various cir2 cuits, in a manner similar to the Foreign Intel3 ligence Surveillance Court or the Temporary Emer4 gency Court of Appeals; or 

5 (3) implementing a mechanism by which a 

6 panel of active circuit court judges shall have the au7 thority to reassign such appeals from circuits with 

8 relatively high caseloads to circuits with relatively 

9 low caseloads. 

10 (c) FACTORS TO CONSIDER.—In conducting the 

11 study under subsection (a), the Comptroller General, in 

12 consultation with the Attorney General, the Secretary, and 

13 the Judicial Conference of the United States, shall con14 sider— 

15 (1) the resources needed for each alternative, 

16 including judges, attorneys and other support staff, 

17 case management techniques including technological 

18 requirements, physical infrastructure, and other pro19 cedural and logistical issues as appropriate; 

20 (2) the impact of each plan on various circuits, 

21 including their caseload in general and caseload per 

22 panel; 

23 (3) the possibility of utilizing case management 

24 techniques to reduce the impact of any consolidation 

25 option, such as requiring certificates of reviewability, 


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1 similar to procedures for habeas and existing sum2 mary dismissal procedures in local rules of the 

3 courts of appeals; 

4 (4) the effect of reforms in this Act on the abil5 ity of the circuit courts to adjudicate such appeals; 

6 (5) potential impact, if any, on litigants; and 

7 (6) other reforms to improve adjudication of 

8 immigration matters, including appellate review of 

9 motions to reopen and reconsider, and attorney fee 

10 awards with respect to review of final orders of re11 moval. 

12 SEC. 708. SENIOR JUDGE PARTICIPATION IN THE SELEC13 TION OF MAGISTRATES. 

14 Section 631(a) of title 28, United States Code, is 

15 amended by striking ‘‘Northern Mariana Islands’’ the first 

16 place it appears and inserting ‘‘Northern Mariana Islands, 

17 including any judge in regular active service and any judge 

18 who has retired from regular active service under section 

19 371(b) of this title,’’. 

20 Subtitle B—Citizenship Assistance 

21 for Members of the Armed Services 

22 SEC. 711. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Kendell Frederick 

24 Citizenship Assistance Act’’. 


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1 SEC. 712. WAIVER OF REQUIREMENT FOR FINGERPRINTS 

2 FOR MEMBERS OF THE ARMED FORCES. 

3 Notwithstanding any other provision of law or any 

4 regulation, the Secretary shall use the fingerprints pro5 vided by an individual at the time the individual enlists 

6 in the Armed Forces to satisfy any requirement for finger7 prints as part of an application for naturalization if the 

8 individual— 

9 (1) may be naturalized pursuant to section 328 

10 or 329 of the Immigration and Nationality Act (8 

11 U.S.C. 1439 and 1440); 

12 (2) was fingerprinted in accordance with the re13 quirements of the Department of Defense at the 

14 time the individual enlisted in the Armed Forces; 

15 and 

16 (3) submits an application for naturalization 

17 not later than 12 months after the date the indi18 vidual enlisted in the Armed Forces. 

19 SEC. 713. PROVISION OF INFORMATION ON NATURALIZA20 TION TO MEMBERS OF THE ARMED FORCES. 

21 The Secretary shall— 

22 (1) establish a dedicated toll-free telephone 

23 service available only to members of the Armed 

24 Forces and the families of such members to provide 

25 information related to naturalization pursuant to 

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1 ality Act (8 U.S.C. 1439 or 1440), including the sta2 tus of an application for such naturalization; 

3 (2) ensure that the telephone service required 

4 by paragraph (1) is operated by employees of the 

5 Department who— 

6 (A) have received specialized training on 

7 the naturalization process for members of the 

8 Armed Forces and the families of such mem9 bers; and 

10 (B) are physically located in the same unit 

11 as the military processing unit that adjudicates 

12 applications for naturalization pursuant to such 

13 section 328 or 329; and 

14 (3) implement a quality control program to 

15 monitor, on a regular basis, the accuracy and quality 

16 of information provided by the employees who oper17 ate the telephone service required by paragraph (1), 

18 including the breadth of the knowledge related to the 

19 naturalization process of such employees. 

20 SEC. 714. PROVISION OF INFORMATION ON NATURALIZA21 TION TO THE PUBLIC. 

22 Not later than 30 days after the date that a modifica23 tion to any law or regulation related to the naturalization 

24 process becomes effective, the Secretary shall update the 

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1 structions and guidebook for obtaining naturalization, and 

2 the Internet website maintained by the Secretary to reflect 

3 such modification. 

4 SEC. 715. REPORTS. 

5 (a) ADJUDICATION PROCESS.—Not later than 120 

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

7 Comptroller General of the United States shall submit to 

8 the appropriate congressional committees a report on the 

9 entire process for the adjudication of an application for 

10 naturalization filed pursuant to section 328 or 329 of the 

11 Immigration and Nationality Act (8 U.S.C. 1439 or 

12 1440), including the process that begins at the time the 

13 application is mailed to, or received by, the Secretary, re14 gardless of whether the Secretary determines that such 

15 application is complete, through the final disposition of 

16 such application. Such report shall include a description 

17 of— 

18 (1) the methods of the Secretary to prepare, 

19 handle, and adjudicate such applications; 

20 (2) the effectiveness of the chain of authority, 

21 supervision, and training of employees of the Gov22 ernment or of other entities, including contract em23 ployees, who have any role in the such process or ad24 judication; and 


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1 (3) the ability of the Secretary to use tech2 nology to facilitate or accomplish any aspect of such 

3 process or adjudication. 

4 (b) IMPLEMENTATION.— 

5 (1) STUDY.—The Comptroller General of the 

6 United States shall conduct a study on the imple7 mentation of this subtitle by the Secretary, including 

8 studying any technology that may be used to im9 prove the efficiency of the naturalization process for 

10 members of the Armed Forces. 

11 (2) REPORT.—Not later than 180 days after 

12 the date that the Comptroller General submits the 

13 report required by subsection (a), the Comptroller 

14 General shall submit to the appropriate congres15 sional committees a report on the study required by 

16 paragraph (1). The report shall include any rec17 ommendations of the Comptroller General for im18 proving the implementation of this subtitle by the 

19 Secretary. 

20 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE21 FINED.—In this section, the term ‘‘appropriate congres22 sional committees’’ means— 

23 (1) the Committee on Armed Services and the 

24 Committee on the Judiciary of the Senate; and 


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1 (2) the Committee on Armed Services and the 

2 Committee on the Judiciary of the House of Rep3 resentatives. 

4 Subtitle C—State Court Interpreter 

5 Grant Program 

6 SEC. 721. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘State Court Inter8 preter Grant Program Act’’. 

9 SEC. 722. FINDINGS. 

10 Congress finds that— 

11 (1) the fair administration of justice depends on 

12 the ability of all participants in a courtroom pro13 ceeding to understand that proceeding, regardless of 

14 their English proficiency; 

15 (2) 19 percent of the population of the United 

16 States over 5 years of age speaks a language other 

17 than English at home; 

18 (3) only qualified court interpreters can ensure 

19 that persons with limited English proficiency com20 prehend judicial proceedings in which they are a 

21 party; 

22 (4) the knowledge and skills required of a quali23 fied court interpreter differ substantially from those 

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1 cial service, medical, diplomatic, and conference in2 terpreting; 

3 (5) the Federal Government has demonstrated 

4 its commitment to equal administration of justice re5 gardless of English proficiency; 

6 (6) regulations implementing title VI of the 

7 Civil Rights Act of 1964, as well as the guidance 

8 issued by the Department of Justice pursuant to Ex9 ecutive Order 13166, issued August 11, 2000, clar10 ify that all recipients of Federal financial assistance, 

11 including State courts, are required to take reason12 able steps to provide meaningful access to their pro13 ceedings for persons with limited English pro14 ficiency; 

15 (7) 34 States have developed, or are developing, 

16 court interpreting programs; 

17 (8) robust, effective court interpreter pro18 grams— 

19 (A) actively recruit skilled individuals to be 

20 court interpreters; 

21 (B) train those individuals in the interpre22 tation of court proceedings; 

23 (C) develop and use a thorough, systematic 

24 certification process for court interpreters; and 


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1 (D) have sufficient funding to ensure that 

2 a qualified interpreter will be available to the 

3 court whenever necessary; and 

4 (9) Federal funding is necessary to— 

5 (A) encourage State courts that do not 

6 have court interpreter programs to develop 

7 them; 

8 (B) assist State courts with nascent court 

9 interpreter programs to implement them; 

10 (C) assist State courts with limited court 

11 interpreter programs to enhance them; and 

12 (D) assist State courts with robust court 

13 interpreter programs to make further improve14 ments and share successful programs with other 

15 States. 

16 SEC. 723. STATE COURT INTERPRETER GRANTS. 

17 (a) GRANTS AUTHORIZED.— 

18 (1) IN GENERAL.—The Administrator of the 

19 Office of Justice Programs of the Department of 

20 Justice (referred to in this section as the ‘‘Adminis21 trator’’) shall make grants, in accordance with such 

22 regulations as the Attorney General may prescribe, 

23 to State courts to develop and implement programs 

24 to assist individuals with limited English proficiency 


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1 to access and understand State court proceedings in 

2 which they are a party. 

3 (2) TECHNICAL ASSISTANCE.—The Adminis4 trator shall allocate, for each fiscal year, $500,000 

5 of the amount appropriated pursuant to section 724 

6 to be used to establish a court interpreter technical 

7 assistance program to assist State courts receiving 

8 grants under this subtitle. 

9 (b) USE OF GRANTS.—Grants awarded under sub10 section (a) may be used by State courts to— 

11 (1) assess regional language demands; 

12 (2) develop a court interpreter program for the 

13 State courts; 

14 (3) develop, institute, and administer language 

15 certification examinations; 

16 (4) recruit, train, and certify qualified court in17 terpreters; 

18 (5) pay for salaries, transportation, and tech19 nology necessary to implement the court interpreter 

20 program developed under paragraph (2); and 

21 (6) engage in other related activities, as pre22 scribed by the Attorney General. 

23 (c) APPLICATION.— 

24 (1) IN GENERAL.—The highest State court of 

25 each State desiring a grant under this section shall 


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1 submit an application to the Administrator at such 

2 time, in such manner, and accompanied by such in3 formation as the Administrator may reasonably re4 quire. 

5 (2) STATE COURTS.—The highest State court 

6 of each State submitting an application under para7 graph (1) shall include in the application— 

8 (A) an identification of each State court in 

9 that State which would receive funds from the 

10 grant; 

11 (B) the amount of funds each State court 

12 identified under subparagraph (A) would re13 ceive from the grant; and 

14 (C) the procedures the highest State court 

15 would use to directly distribute grant funds to 

16 State courts identified under subparagraph (A). 

17 (d) STATE COURT ALLOTMENTS.— 

18 (1) BASE ALLOTMENT.—From amounts appro19 priated for each fiscal year pursuant to section 724, 

20 the Administrator shall allocate $100,000 to each of 

21 the highest State court of each State, which has an 

22 application approved under subsection (c). 

23 (2) DISCRETIONARY ALLOTMENT.—From 

24 amounts appropriated for each fiscal year pursuant 

25 to section 724, the Administrator shall allocate a 


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1 total of $5,000,000 to the highest State court of 

2 States that have extraordinary needs that must be 

3 addressed in order to develop, implement, or expand 

4 a State court interpreter program. 

5 (3) ADDITIONAL ALLOTMENT.—In addition to 

6 the allocations made under paragraphs (1) and (2), 

7 the Administrator shall allocate to each of the high8 est State court of each State, which has an applica9 tion approved under subsection (c), an amount equal 

10 to the product reached by multiplying— 

11 (A) the unallocated balance of the amount 

12 appropriated for each fiscal year pursuant to 

13 section 724; and 

14 (B) the ratio between the number of people 

15 over 5 years of age who speak a language other 

16 than English at home in the State and the 

17 number of people over 5 years of age who speak 

18 a language other than English at home in all 

19 the States that receive an allocation under 

20 paragraph (1), as those numbers are deter21 mined by the Bureau of the Census. 

22 SEC. 724. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated $15,000,000 

24 for each of the fiscal years 2008 through 2012 to carry 

25 out this subtitle. 


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1 Subtitle D—Border Infrastructure 

2 and Technology Modernization 

3 SEC. 731. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Border Infrastruc5 ture and Technology Modernization Act’’. 

6 SEC. 732. DEFINITIONS. 

7 In this subtitle: 

8 (1) COMMISSIONER.—The term ‘‘Commis9 sioner’’ means the Commissioner of United States 

10 Customs and Border Protection of the Department. 

11 (2) MAQUILADORA.—The term ‘‘maquiladora’’ 

12 means an entity located in Mexico that assembles 

13 and produces goods from imported parts for export 

14 to the United States. 

15 (3) NORTHERN BORDER.—The term ‘‘northern 

16 border’’ means the international border between the 

17 United States and Canada. 

18 (4) SOUTHERN BORDER.—The term ‘‘southern 

19 border’’ means the international border between the 

20 United States and Mexico. 

21 SEC. 733. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT 

22 STUDY. 

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

24 January 31 of each year, the Administrator of General 

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1 sessment Study prepared by the Bureau of Customs and 

2 Border Protection in accordance with the matter relating 

3 to the ports of entry infrastructure assessment that is set 

4 out in the joint explanatory statement in the conference 

5 report accompanying H.R. 2490 of the 106th Congress, 

6 1st session (House of Representatives Rep. No. 106–319, 

7 on page 67) and submit such updated study to Congress. 

8 (b) CONSULTATION.—In preparing the updated stud9 ies required in subsection (a), the Administrator of Gen10 eral Services shall consult with the Director of the Office 

11 of Management and Budget, the Secretary, and the Com12 missioner. 

13 (c) CONTENT.—Each updated study required in sub14 section (a) shall— 

15 (1) identify port of entry infrastructure and 

16 technology improvement projects that would enhance 

17 border security and facilitate the flow of legitimate 

18 commerce if implemented; 

19 (2) include the projects identified in the Na20 tional Land Border Security Plan required by sec21 tion 734; and 

22 (3) prioritize the projects described in para23 graphs (1) and (2) based on the ability of a project 

24 to— 


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1 (A) fulfill immediate security requirements; 

2 and 

3 (B) facilitate trade across the borders of 

4 the United States. 

5 (d) PROJECT IMPLEMENTATION.—The Commissioner 

6 shall implement the infrastructure and technology im7 provement projects described in subsection (c) in the order 

8 of priority assigned to each project under subsection 

9 (c)(3). 

10 (e) DIVERGENCE FROM PRIORITIES.—The Commis11 sioner may diverge from the priority order if the Commis12 sioner determines that significantly changed cir13 cumstances, such as immediate security needs or changes 

14 in infrastructure in Mexico or Canada, compellingly alter 

15 the need for a project in the United States. 

16 SEC. 734. NATIONAL LAND BORDER SECURITY PLAN. 

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

18 date of the enactment of this Act, an annually thereafter, 

19 the Secretary, after consultation with representatives of 

20 Federal, State, and local law enforcement agencies and 

21 private entities that are involved in international trade 

22 across the northern border or the southern border, shall 

23 submit a National Land Border Security Plan to Con24 gress. 

25 (b) VULNERABILITY ASSESSMENT.— 


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1 (1) IN GENERAL.—The plan required in sub2 section (a) shall include a vulnerability assessment 

3 of each port of entry located on the northern border 

4 or the southern border. 

5 (2) PORT SECURITY COORDINATORS.—The Sec6 retary may establish 1 or more port security coordi7 nators at each port of entry located on the northern 

8 border or the southern border— 

9 (A) to assist in conducting a vulnerability 

10 assessment at such port; and 

11 (B) to provide other assistance with the 

12 preparation of the plan required in subsection 

13 (a). 

14 SEC. 735. EXPANSION OF COMMERCE SECURITY PRO15 GRAMS. 

16 (a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER17 RORISM.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of this Act, the Commis20 sioner, in consultation with the Secretary, shall de21 velop a plan to expand the size and scope, including 

22 personnel, of the Customs-Trade Partnership 

23 Against Terrorism programs along the northern bor24 der and southern border, including— 


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1 (A) the Business Anti-Smuggling Coali2 tion; 

3 (B) the Carrier Initiative Program; 

4 (C) the Americas Counter Smuggling Ini5 tiative; 

6 (D) the Container Security Initiative; 

7 (E) the Free and Secure Trade Initiative; 

8 and 

9 (F) other Industry Partnership Programs 

10 administered by the Commissioner. 

11 (2) SOUTHERN BORDER DEMONSTRATION PRO12 GRAM.—Not later than 180 days after the date of 

13 enactment of this Act, the Commissioner shall imple14 ment, on a demonstration basis, at least 1 Customs15 Trade Partnership Against Terrorism program, 

16 which has been successfully implemented along the 

17 northern border, along the southern border. 

18 (b) MAQUILADORA DEMONSTRATION PROGRAM.— 

19 Not later than 180 days after the date of enactment of 

20 this Act, the Commissioner shall establish a demonstration 

21 program to develop a cooperative trade security system to 

22 improve supply chain security. 


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1 SEC. 736. PORT OF ENTRY TECHNOLOGY DEMONSTRATION 

2 PROGRAM. 

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

4 a technology demonstration program to— 

5 (1) test and evaluate new port of entry tech6 nologies; 

7 (2) refine port of entry technologies and oper8 ational concepts; and 

9 (3) train personnel under realistic conditions. 

10 (b) TECHNOLOGY AND FACILITIES.— 

11 (1) TECHNOLOGY TESTING.—Under the tech12 nology demonstration program, the Secretary shall 

13 test technologies that enhance port of entry oper14 ations, including operations related to— 

15 (A) inspections; 

16 (B) communications; 

17 (C) port tracking; 

18 (D) identification of persons and cargo; 

19 (E) sensory devices; 

20 (F) personal detection; 

21 (G) decision support; and 

22 (H) the detection and identification of 

23 weapons of mass destruction. 

24 (2) DEVELOPMENT OF FACILITIES.—At a dem25 onstration site selected pursuant to subsection 

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1 vide appropriate training to law enforcement per2 sonnel who have responsibility for border security, 

3 including— 

4 (A) cross-training among agencies; 

5 (B) advanced law enforcement training; 

6 and 

7 (C) equipment orientation. 

8 (c) DEMONSTRATION SITES.— 

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

10 the demonstration program at not less than 3 sites 

11 and not more than 5 sites. 

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

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

14 demonstration site for the demonstration program 

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

16 space to conduct the demonstration program, has a 

17 traffic volume low enough to easily incorporate new 

18 technologies without interrupting normal processing 

19 activity, and can efficiently carry out demonstration 

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

21 selected as a demonstration site shall— 

22 (A) have been established not more than 

23 15 years before the date of the enactment of 

24 this Act; 


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

2 the possibility of expansion to not less than 25 

3 adjacent acres; and 

4 (C) have serviced an average of not more 

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

6 year period ending on the date of the enactment 

7 of this Act. 

8 (d) RELATIONSHIP WITH OTHER AGENCIES.—The 

9 Secretary shall permit personnel from an appropriate Fed10 eral or State agency to utilize a demonstration site de11 scribed in subsection (c) to test technologies that enhance 

12 port of entry operations, including technologies described 

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

14 (e) REPORT.— 

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

16 after the date of the enactment of this Act, and an17 nually thereafter, the Secretary shall submit to Con18 gress a report on the activities carried out at each 

19 demonstration site under the technology demonstra20 tion program established under this section. 

21 (2) CONTENT.—The report submitted under 

22 paragraph (1) shall include an assessment by the 

23 Secretary of the feasibility of incorporating any dem24 onstrated technology for use throughout the Bureau 

25 of Customs and Border Protection. 


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1 SEC. 737. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—In addition to any funds other3 wise available, there are authorized to be appropriated— 

4 (1) such sums as may be necessary for the fis5 cal years 2008 through 2012 to carry out the provi6 sions of section 733(a); 

7 (2) to carry out section 733(d)— 

8 (A) $100,000,000 for each of the fiscal 

9 years 2008 through 2012; and 

10 (B) such sums as may be necessary in any 

11 succeeding fiscal year; 

12 (3) to carry out section 735(a)— 

13 (A) $30,000,000 for fiscal year 2008, of 

14 which $5,000,000 shall be made available to 

15 fund the demonstration project established in 

16 section 736(a)(2); and 

17 (B) such sums as may be necessary for the 

18 fiscal years 2009 through 2012; 

19 (4) to carry out section 735(b)— 

20 (A) $5,000,000 for fiscal year 2008; and 

21 (B) such sums as may be necessary for the 

22 fiscal years 2009 through 2012; and 

23 (5) to carry out section 736, provided that not 

24 more than $10,000,000 may be expended for tech25 nology demonstration program activities at any 1 

26 port of entry demonstration site in any fiscal year— 


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1 (A) $50,000,000 for fiscal year 2008; and 

2 (B) such sums as may be necessary for 

3 each of the fiscal years 2009 through 2012. 

4 (b) INTERNATIONAL AGREEMENTS.—Amounts au5 thorized to be appropriated under this subtitle may be 

6 used for the implementation of projects described in the 

7 Declaration on Embracing Technology and Cooperation to 

8 Promote the Secure and Efficient Flow of People and 

9 Commerce across our Shared Border between the United 

10 States and Mexico, agreed to March 22, 2002, Monterrey, 

11 Mexico (commonly known as the Border Partnership Ac12 tion Plan) or the Smart Border Declaration between the 

13 United States and Canada, agreed to December 12, 2001, 

14 Ottawa, Canada that are consistent with the provisions of 

15 this subtitle. 

16 Subtitle E—Family Humanitarian 

17 Relief 

18 SEC. 741. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘September 11th 

20 Family Humanitarian Relief and Patriotism Act’’. 

21 SEC. 742. ADJUSTMENT OF STATUS FOR CERTAIN NON22 IMMIGRANT VICTIMS OF TERRORISM. 

23 (a) ADJUSTMENT OF STATUS.— 

24 (1) IN GENERAL.—The status of any alien de25 scribed in subsection (b) shall be adjusted by the 


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1 Secretary to that of an alien lawfully admitted for 

2 permanent residence, if the alien— 

3 (A) applies for such adjustment not later 

4 than 2 years after the date on which the Sec5 retary promulgates final regulations to imple6 ment this section; and 

7 (B) is otherwise admissible to the United 

8 States for permanent residence, except in deter9 mining such admissibility the grounds for inad10 missibility specified in paragraphs (4), (5), 

11 (6)(A), (7)(A), and (9)(B) of section 212(a) of 

12 the Immigration and Nationality Act (8 U.S.C. 

13 1182(a)) shall not apply. 

14 (2) RULES IN APPLYING CERTAIN PROVI15 SIONS.— 

16 (A) IN GENERAL.—In the case of an alien 

17 described in subsection (b) who is applying for 

18 adjustment of status under this section— 

19 (i) the provisions of section 241(a)(5) 

20 of the Immigration and Nationality Act (8 

21 U.S.C. 1231(a)(5)) shall not apply; and 

22 (ii) the Secretary may grant the alien 

23 a waiver on the grounds of inadmissibility 

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1 tion 212(a)(9) of such Act (8 U.S.C. 

2 1182(a)(9)). 

3 (B) STANDARDS.—In granting waivers 

4 under subparagraph (A)(ii), the Secretary shall 

5 use standards used in granting consent under 

6 subparagraphs (A)(iii) and (C)(ii) of such sec7 tion 212(a)(9). 

8 (3) RELATIONSHIP OF APPLICATION TO CER9 TAIN ORDERS.— 

10 (A) APPLICATION PERMITTED.—An alien 

11 present in the United States who has been or12 dered excluded, deported, removed, or ordered 

13 to depart voluntarily from the United States 

14 under any provision of the Immigration and 

15 Nationality Act (8 U.S.C. 1101 et seq.) may, 

16 notwithstanding such order, apply for adjust17 ment of status under paragraph (1). 

18 (B) MOTION NOT REQUIRED.—An alien 

19 described in subparagraph (A) may not be re20 quired, as a condition of submitting or granting 

21 such application, to file a separate motion to re22 open, reconsider, or vacate such order. 

23 (C) EFFECT OF DECISION.—If the Sec24 retary grants a request under subparagraph 

25 (A), the Secretary shall cancel the order. If the 


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1 Secretary renders a final administrative deci2 sion to deny the request, the order shall be ef3 fective and enforceable to the same extent as if 

4 the application had not been made. 

5 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA6 TUS.—The benefits provided by subsection (a) shall apply 

7 to any alien who— 

8 (1) was lawfully present in the United States as 

9 a nonimmigrant alien described in section 

10 101(a)(15) of the Immigration and Nationality Act 

11 (8 U.S.C. 1101(a)(15)) on September 10, 2001; 

12 (2) was, on such date, the spouse, child, de13 pendent son, or dependent daughter of an alien 

14 who— 

15 (A) was lawfully present in the United 

16 States as a nonimmigrant alien described in 

17 section 101(a)(15) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a)(15)) on such 

19 date; and 

20 (B) died as a direct result of a specified 

21 terrorist activity; and 

22 (3) was deemed to be a beneficiary of, and by, 

23 the September 11th Victim Compensation Fund of 

24 2001 (49 U.S.C. 40101 note). 

25 (c) STAY OF REMOVAL; WORK AUTHORIZATION.— 


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1 (1) IN GENERAL.—The Secretary shall estab2 lish, by regulation, a process by which an alien sub3 ject to a final order of removal may seek a stay of 

4 such order based on the filing of an application 

5 under subsection (a). 

6 (2) DURING CERTAIN PROCEEDINGS.—Notwith7 standing any provision of the Immigration and Na8 tionality Act (8 U.S.C. 1101 et seq.), the Secretary 

9 shall not order any alien to be removed from the 

10 United States, if the alien is in removal proceedings 

11 under any provision of such Act and has applied for 

12 adjustment of status under subsection (a), except 

13 where the Secretary has rendered a final administra14 tive determination to deny the application. 

15 (3) WORK AUTHORIZATION.—The Secretary 

16 shall authorize an alien who has applied for adjust17 ment of status under subsection (a) to engage in 

18 employment in the United States during the pend19 ency of such application. 

20 (d) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 

21 The Secretary shall provide to applicants for adjustment 

22 of status under subsection (a) the same right to, and pro23 cedures for, administrative review as are provided to— 


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1 (1) applicants for adjustment of status under 

2 section 245 of the Immigration and Nationality Act 

3 (8 U.S.C. 1255); or 

4 (2) aliens subject to removal proceedings under 

5 section 240 of such Act (8 U.S.C. 1229a). 

6 SEC. 743. CANCELLATION OF REMOVAL FOR CERTAIN IMMI7 GRANT VICTIMS OF TERRORISM. 

8 (a) IN GENERAL.—Subject to the provisions of the 

9 Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 

10 other than subsections (b)(1), (d)(1), and (e) of section 

11 240A of such Act (8 U.S.C. 1229b), the Secretary shall, 

12 under such section 240A, cancel the removal of, and ad13 just to the status of an alien lawfully admitted for perma14 nent residence, an alien described in subsection (b), if the 

15 alien applies for such relief. 

16 (b) ALIENS ELIGIBLE FOR CANCELLATION OF RE17 MOVAL.—The benefits provided by subsection (a) shall 

18 apply to any alien who— 

19 (1) was, on September 10, 2001, the spouse, 

20 child, dependent son, or dependent daughter of an 

21 alien who died as a direct result of a specified ter22 rorist activity; and 

23 (2) was deemed to be a beneficiary of, and by, 

24 the September 11th Victim Compensation Fund of 

25 2001 (49 U.S.C. 40101 note). 


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1 (c) STAY OF REMOVAL; WORK AUTHORIZATION.— 

2 (1) IN GENERAL.—The Secretary shall provide 

3 by regulation for an alien subject to a final order of 

4 removal to seek a stay of such order based on the 

5 filing of an application under subsection (a). 

6 (2) WORK AUTHORIZATION.—The Secretary 

7 shall authorize an alien who has applied for cancella8 tion of removal under subsection (a) to engage in 

9 employment in the United States during the pend10 ency of such application. 

11 (d) MOTIONS TO REOPEN REMOVAL PRO12 CEEDINGS.— 

13 (1) IN GENERAL.—Notwithstanding any limita14 tion imposed by law on motions to reopen removal 

15 proceedings (except limitations premised on an 

16 alien’s conviction of an aggravated felony (as defined 

17 in section 101(a)(43) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a)(43))), any alien who 

19 has become eligible for cancellation of removal as a 

20 result of the enactment of this section may file 1 

21 motion to reopen removal proceedings to apply for 

22 such relief. 

23 (2) FILING PERIOD.—The Secretary shall des24 ignate a specific time period in which all such mo25 tions to reopen are required to be filed. The period 


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1 shall begin not later than 60 days after the date of 

2 enactment of this Act and shall extend for a period 

3 not to exceed 240 days. 

4 SEC. 744. EXCEPTIONS. 

5 Notwithstanding any other provision of this subtitle, 

6 an alien may not be provided relief under this subtitle if 

7 the alien is— 

8 (1) inadmissible under paragraph (2) or (3) of 

9 section 212(a) of the Immigration and Nationality 

10 Act (8 U.S.C. 1182(a)), or deportable under para11 graph (2) or (4) of section 237(a) of such Act (8 

12 U.S.C. 1227(a)), including any individual culpable 

13 for a specified terrorist activity; or 

14 (2) a family member of an alien described in 

15 paragraph (1). 

16 SEC. 745. EVIDENCE OF DEATH. 

17 For purposes of this subtitle, the Secretary shall use 

18 the standards established under section 426 of the Uniting 

19 and Strengthening America by Providing Appropriate 

20 Tools Required to Intercept and Obstruct Terrorism (USA 

21 PATRIOT ACT) Act of 2001 (115 Stat. 362) in deter22 mining whether death occurred as a direct result of a spec23 ified terrorist activity. 


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1 SEC. 746. DEFINITIONS. 

2 (a) APPLICATION OF IMMIGRATION AND NATION3 ALITY ACT PROVISIONS.—Except as otherwise specifically 

4 provided in this subtitle, the definitions used in the Immi5 gration and Nationality Act (8 U.S.C. 1101 et seq.), other 

6 than the definitions applicable exclusively to title III of 

7 such Act, shall apply in the administration of this subtitle. 

8 (b) SPECIFIED TERRORIST ACTIVITY DEFINED.—In 

9 this subtitle, the term ‘‘specified terrorist activity’’ means 

10 any terrorist activity conducted against the Government 

11 or the people of the United States on September 11, 2001. 

12 Subtitle F—Other Matters 

13 SEC. 751. NONCITIZEN MEMBERSHIP IN THE ARMED 

14 FORCES. 

15 Section 329 (8 U.S.C. 1440) is amended— 

16 (1) in subsection (b), by striking ‘‘subsection 

17 (a)’’ and inserting ‘‘subsection (a) and (d)’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(d) Notwithstanding any other provision of law, ex20 cept for provisions relating to revocation of citizenship 

21 under subsection (c), individuals who are not United 

22 States citizens shall not be denied the opportunity to apply 

23 for membership in the United States Armed Forces. Such 

24 individuals who become active duty members of the United 

25 States Armed Forces shall, consistent with this section 

26 and with the approval of their chain of command, be 


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1 granted United States citizenship after performing at least 

2 2 years of honorable and satisfactory service on active 

3 duty. Not later than 90 days after such requirements are 

4 met with respect to an individual, such individual shall be 

5 granted United States citizenship. 

6 ‘‘(e) An alien described in subsection (d) shall be nat7 uralized without regard to the requirements of this title 

8 III and any other requirements, processes, or procedures 

9 prescribed by the Secretary of Homeland Security, if the 

10 alien— 

11 ‘‘(1) filed an application for naturalization in 

12 accordance with such procedures to carry out this 

13 section as may be established by regulation by the 

14 Secretary of Homeland Security or the Secretary of 

15 Defense; 

16 ‘‘(2) demonstrates to the alien’s military chain 

17 of command, proficiency in the English language, 

18 good moral character, and knowledge of the Federal 

19 Government and United States history, consistent 

20 with the requirements contained in this Act; and 

21 ‘‘(3) takes the oath required under section 337 

22 and participates in an oath administration ceremony 

23 in accordance with this Act.’’. 

24 SEC. 752. SURVEILLANCE TECHNOLOGIES PROGRAMS. 

25 (a) AERIAL SURVEILLANCE PROGRAM.— 


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1 (1) IN GENERAL.—In conjunction with the bor2 der surveillance plan developed under section 5201 

3 of the Intelligence Reform and Terrorism Prevention 

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

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

6 date of enactment of this Act, shall develop and im7 plement a program to fully integrate and utilize aer8 ial surveillance technologies, including unmanned 

9 aerial vehicles, to enhance the security of the inter10 national border between the United States and Can11 ada and the international border between the United 

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

13 to ensure continuous monitoring of each mile of each 

14 such border. 

15 (2) ASSESSMENT AND CONSULTATION REQUIRE16 MENTS.—In developing the program under this sub17 section, the Secretary shall— 

18 (A) consider current and proposed aerial 

19 surveillance technologies; 

20 (B) assess the feasibility and advisability 

21 of utilizing such technologies to address border 

22 threats, including an assessment of the tech23 nologies considered best suited to address re24 spective threats; 


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1 (C) consult with the Secretary of Defense 

2 regarding any technologies or equipment, which 

3 the Secretary may deploy along an international 

4 border of the United States; and 

5 (D) consult with the Administrator of the 

6 Federal Aviation Administration regarding safe7 ty, airspace coordination and regulation, and 

8 any other issues necessary for implementation 

9 of the program. 

10 (3) ADDITIONAL REQUIREMENTS.— 

11 (A) IN GENERAL.—The program developed 

12 under this subsection shall include the use of a 

13 variety of aerial surveillance technologies in a 

14 variety of topographies and areas, including 

15 populated and unpopulated areas located on or 

16 near an international border of the United 

17 States, in order to evaluate, for a range of cir18 cumstances— 

19 (i) the significance of previous experi20 ences with such technologies in border se21 curity or critical infrastructure protection; 

22 (ii) the cost and effectiveness of var23 ious technologies for border security, in24 cluding varying levels of technical com25 plexity; and 


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1 (iii) liability, safety, and privacy con2 cerns relating to the utilization of such 

3 technologies for border security. 

4 (4) CONTINUED USE OF AERIAL SURVEILLANCE

5 TECHNOLOGIES.—The Secretary may continue the 

6 operation of aerial surveillance technologies while as7 sessing the effectiveness of the utilization of such 

8 technologies. 

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

10 180 days after implementing the program under this 

11 subsection, the Secretary shall submit a report to 

12 Congress regarding the program developed under 

13 this subsection. The Secretary shall include in the 

14 report a description of the program together with 

15 such recommendations as the Secretary finds appro16 priate for enhancing the program. 

17 (6) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated such sums 

19 as may be necessary to carry out this subsection. 

20 (b) INTEGRATED AND AUTOMATED SURVEILLANCE

21 PROGRAM.— 

22 (1) REQUIREMENT FOR PROGRAM.—Subject to 

23 the availability of appropriations, the Secretary shall 

24 establish a program to procure additional unmanned 

25 aerial vehicles, cameras, poles, sensors, satellites, 


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1 radar coverage, and other technologies necessary to 

2 achieve operational control of the international bor3 ders of the United States and to establish a security 

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

5 international borders to provide a barrier to illegal 

6 immigration. Such program shall be known as the 

7 Integrated and Automated Surveillance Program. 

8 (2) PROGRAM COMPONENTS.—The Secretary 

9 shall ensure, to the maximum extent feasible, the In10 tegrated and Automated Surveillance Program is 

11 carried out in a manner that— 

12 (A) the technologies utilized in the Pro13 gram are integrated and function cohesively in 

14 an automated fashion, including the integration 

15 of motion sensor alerts and cameras, whereby a 

16 sensor alert automatically activates a cor17 responding camera to pan and tilt in the direc18 tion of the triggered sensor; 

19 (B) cameras utilized in the Program do 

20 not have to be manually operated; 

21 (C) such camera views and positions are 

22 not fixed; 

23 (D) surveillance video taken by such cam24 eras can be viewed at multiple designated com25 munications centers; 


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

2 catalog, and report intrusion and response data 

3 collected under the Program; 

4 (F) future remote surveillance technology 

5 investments and upgrades for the Program can 

6 be integrated with existing systems; 

7 (G) performance measures are developed 

8 and applied that can evaluate whether the Pro9 gram is providing desired results and increasing 

10 response effectiveness in monitoring and detect11 ing illegal intrusions along the international 

12 borders of the United States; 

13 (H) plans are developed under the Pro14 gram to streamline site selection, site valida15 tion, and environmental assessment processes to 

16 minimize delays of installing surveillance tech17 nology infrastructure; 

18 (I) standards are developed under the Pro19 gram to expand the shared use of existing pri20 vate and governmental structures to install re21 mote surveillance technology infrastructure 

22 where possible; and 

23 (J) standards are developed under the Pro24 gram to identify and deploy the use of non25 permanent or mobile surveillance platforms that 


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1 will increase the Secretary’s mobility and ability 

2 to identify illegal border intrusions. 

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

4 year after the initial implementation of the Inte5 grated and Automated Surveillance Program, the 

6 Secretary shall submit to Congress a report regard7 ing the Program. The Secretary shall include in the 

8 report a description of the Program together with 

9 any recommendation that the Secretary finds appro10 priate for enhancing the program. 

11 (4) EVALUATION OF CONTRACTORS.— 

12 (A) REQUIREMENT FOR STANDARDS.—The 

13 Secretary shall develop appropriate standards 

14 to evaluate the performance of any contractor 

15 providing goods or services to carry out the In16 tegrated and Automated Surveillance Program. 

17 (B) REVIEW BY THE INSPECTOR GEN18 ERAL.—The Inspector General of the Depart19 ment shall timely review each new contract re20 lated to the Program that has a value of more 

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

22 contract fully complies with applicable cost re23 quirements, performance objectives, program 

24 milestones, and schedules. The Inspector Gen25 eral shall report the findings of such review to 


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1 the Secretary in a timely manner. Not later 

2 than 30 days after the date the Secretary re3 ceives a report of findings from the Inspector 

4 General, the Secretary shall submit to the Com5 mittee on Homeland Security and Govern6 mental Affairs of the Senate and the Committee 

7 on Homeland Security of the House of Rep8 resentatives a report of such findings and a de9 scription of any the steps that the Secretary 

10 has taken or plans to take in response to such 

11 findings. 

12 (5) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated such sums 

14 as may be necessary to carry out this subsection. 

15 SEC. 753. COMPREHENSIVE IMMIGRATION EFFICIENCY RE16 VIEW. 

17 (a) REVIEW.—The Secretary, in consultation with the 

18 Secretary of State, shall conduct a comprehensive review 

19 of the immigration procedures in existence as of the date 

20 of the enactment of this Act. 

21 (b) REPORT.—Not later than 90 days after the date 

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

23 to Congress a report, in classified form, if necessary, 

24 that— 


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1 (1) identifies inefficient immigration proce2 dures; and 

3 (2) outlines a plan to improve the efficiency and 

4 responsiveness of the immigration process. 

5 SEC. 754. NORTHERN BORDER PROSECUTION INITIATIVE. 

6 (a) INITIATIVE REQUIRED.— 

7 (1) IN GENERAL.—From amounts made avail8 able to carry out this section, the Attorney General, 

9 acting through the Director of the Bureau of Justice 

10 Assistance of the Office of Justice Programs, shall 

11 establish and carry out a program, to be known as 

12 the Northern Border Prosecution Initiative, to pro13 vide funds to reimburse eligible northern border en14 tities for costs incurred by those entities for han15 dling case dispositions of criminal cases that are fed16 erally initiated but federally declined-referred. 

17 (2) RELATION WITH SOUTHWESTERN BORDER

18 PROSECUTION INITIATIVE.—The program estab19 lished in paragraph (1) shall— 

20 (A) be modeled after the Southwestern 

21 Border Prosecution Initiative; and 

22 (B) serve as a partner program to that ini23 tiative to reimburse local jurisdictions for proc24 essing Federal cases. 


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1 (b) PROVISION AND ALLOCATION OF FUNDS.— 

2 Funds provided under the program established in sub3 section (a) shall be— 

4 (1) provided in the form of direct reimburse5 ments; and 

6 (2) allocated in a manner consistent with the 

7 manner under which funds are allocated under the 

8 Southwestern Border Prosecution Initiative. 

9 (c) USE OF FUNDS.—Funds provided to an eligible 

10 northern border entity under this section may be used by 

11 the entity for any lawful purpose, including: 

12 (1) Prosecution and related costs; 

13 (2) Court costs; 

14 (3) Costs of courtroom technology; 

15 (4) Costs of constructing holding spaces; 

16 (5) Costs of administrative staff; 

17 (6) Costs of defense counsel for indigent de18 fendants; and 

19 (7) Detention costs, including pre-trial and 

20 post-trial detention. 

21 (d) DEFINITIONS.—In this section: 

22 (1) CASE DISPOSITION.—The term ‘‘case dis23 position’’— 

24 (A) for purposes of the Northern Border 

25 Prosecution Initiative, refers to the time beVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00710 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tween the arrest of a suspect and the resolution 

2 of the criminal charges through a county or 

3 State judicial or prosecutorial process; and 

4 (B) does not include incarceration time for 

5 sentenced offenders, or time spent by prosecu6 tors on judicial appeals. 

7 (2) ELIGIBLE NORTHERN BORDER ENTITY.— 

8 The term ‘‘eligible northern border entity’’ means— 

9 (A) the States of Alaska, Idaho, Maine, 

10 Michigan, Minnesota, Montana, New Hamp11 shire, New York, North Dakota, Ohio, Pennsyl12 vania, Vermont, Washington, and Wisconsin; or 

13 (B) any unit of local government within a 

14 State referred to in subparagraph (A). 

15 (3) FEDERALLY DECLINED-REFERRED.—The 

16 term ‘‘federally declined-referred’’— 

17 (A) means, with respect to a criminal case, 

18 that a decision has been made in that case by 

19 a United States Attorney or a Federal law en20 forcement agency during a Federal investiga21 tion to no longer pursue Federal criminal 

22 charges against a defendant and to refer such 

23 investigation to a State or local jurisdiction for 

24 possible prosecution; and 


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1 (B) includes a decision made on an individ2 ualized case-by-case basis as well as a decision 

3 made pursuant to a general policy or practice 

4 or pursuant to prosecutorial discretion. 

5 (4) FEDERALLY INITIATED.—The term ‘‘feder6 ally initiated’’ means, with respect to a criminal 

7 case, that the case results from a criminal investiga8 tion or an arrest involving Federal law enforcement 

9 authorities for a potential violation of Federal crimi10 nal law, including investigations resulting from 

11 multi-jurisdictional task forces. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this section 

14 $28,000,000 for fiscal year 2008 and such sums as may 

15 be necessary for each fiscal year thereafter. 

16 SEC. 755. SOUTHWEST BORDER PROSECUTION INITIATIVE. 

17 (a) REIMBURSEMENT TO STATE AND LOCAL PROS18 ECUTORS FOR PROSECUTING FEDERALLY INITIATED

19 DRUG CASES.—The Attorney General shall, subject to the 

20 availability of appropriations, reimburse Southern Border 

21 State and county prosecutors for prosecuting federally ini22 tiated and referred drug cases. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated $50,000,000 for each of the 


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1 fiscal years 2008 through 2012 to carry out subsection 

2 (a). 

3 SEC. 756. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI4 CANTS. 

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

6 ‘‘Initial Entry, Adjustment, and Citizenship Assistance 

7 Grant Act of 2007’’. 

8 (b) PURPOSE.—The purpose of this section is to es9 tablish a grant program within the Bureau of Citizenship 

10 and Immigration Services that provides funding to com11 munity-based organizations, including community-based 

12 legal service organizations, as appropriate, to develop and 

13 implement programs to assist eligible applicants for the 

14 conditional nonimmigrant worker program established 

15 under this Act by providing them with the services de16 scribed in subsection (d)(2). 

17 (c) DEFINITIONS.—In this section: 

18 (1) COMMUNITY-BASED ORGANIZATION.—The 

19 term ‘‘community-based organization’’ means a non20 profit, tax-exempt organization, including a faith21 based organization, whose staff has experience and 

22 expertise in meeting the legal, social, educational, 

23 cultural educational, or cultural needs of immi24 grants, refugees, persons granted asylum, or persons 

25 applying for such statuses. 


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1 (2) IEACA GRANT.—The term ‘‘IEACA grant’’ 

2 means an Initial Entry, Adjustment, and Citizenship 

3 Assistance Grant authorized under subsection (d). 

4 (d) ESTABLISHMENT OF INITIAL ENTRY, ADJUST5 MENT, AND CITIZENSHIP ASSISTANCE GRANT PRO6 GRAM.— 

7 (1) GRANTS AUTHORIZED.—The Secretary, 

8 working through the Director of the Bureau of Citi9 zenship and Immigration Services, may award 

10 IEACA grants to community-based organizations. 

11 (2) USE OF FUNDS.—Grants awarded under 

12 this section may be used for the design and imple13 mentation of programs to provide the following serv14 ices: 

15 (A) INITIAL APPLICATION.—Assistance 

16 and instruction, including legal assistance, to 

17 aliens making initial application for treatment 

18 under the program established by section 218D 

19 of the Immigration and Nationality Act, as 

20 added by section 601. Such assistance may in21 clude assisting applicants in— 

22 (i) screening to assess prospective ap23 plicants’ potential eligibility or lack of eli24 gibility; 

25 (ii) filling out applications; 


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1 (iii) gathering proof of identification, 

2 employment, residence, and tax payment; 

3 (iv) gathering proof of relationships of 

4 eligible family members; 

5 (v) applying for any waivers for which 

6 applicants and qualifying family members 

7 may be eligible; and 

8 (vi) any other assistance that the Sec9 retary or grantee considers useful to aliens 

10 who are interested in filing applications for 

11 treatment under such section 218D. 

12 (B) ADJUSTMENT OF STATUS.—Assistance 

13 and instruction, including legal assistance, to 

14 aliens seeking to adjust their status in accord15 ance with section 245 or 245B of the Immigra16 tion and Nationality Act. 

17 (C) CITIZENSHIP.—Assistance and instruc18 tion to applicants on— 

19 (i) the rights and responsibilities of 

20 United States Citizenship; 

21 (ii) English as a second language; 

22 (iii) civics; or 

23 (iv) applying for United States citi24 zenship. 

25 (3) DURATION AND RENEWAL.— 


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1 (A) DURATION.—Each grant awarded 

2 under this section shall be awarded for a period 

3 of not more than 3 years. 

4 (B) RENEWAL.—The Secretary may renew 

5 any grant awarded under this section in 1-year 

6 increments. 

7 (4) APPLICATION FOR GRANTS.—Each entity 

8 desiring an IEACA grant under this section shall 

9 submit an application to the Secretary at such time, 

10 in such manner, and accompanied by such informa11 tion as the Secretary may require. 

12 (5) ELIGIBLE ORGANIZATIONS.—A community13 based organization applying for a grant under this 

14 section to provide services described in subparagraph 

15 (A), (B), or (C)(iv) of paragraph (2) may not receive 

16 such a grant unless the organization is— 

17 (A) recognized by the Board of Immigra18 tion Appeals under section 292.2 of title 8, 

19 Code of Federal Regulations; or 

20 (B) otherwise directed by an attorney. 

21 (6) SELECTION OF GRANTEES.—Grants award22 ed under this section shall be awarded on a competi23 tive basis. 

24 (7) GEOGRAPHIC DISTRIBUTION OF GRANTS.— 

25 The Secretary shall approve applications under this 


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1 section in a manner that ensures, to greatest extent 

2 practicable, that— 

3 (A) not less than 50 percent of the funding 

4 for grants under this section are awarded to 

5 programs located in the 10 States with the 

6 highest percentage of foreign-born residents; 

7 and 

8 (B) not less than 20 percent of the funding 

9 for grants under this section are awarded to 

10 programs located in States that are not de11 scribed in subparagraph (A). 

12 (8) ETHNIC DIVERSITY.—The Secretary shall 

13 ensure that community-based organizations receiving 

14 grants under this section provide services to an eth15 nically diverse population, to the greatest extent pos16 sible. 

17 (e) LIAISON BETWEEN USCIS AND GRANTEES.— 

18 The Secretary shall establish a liaison between United 

19 States Citizenship and Immigration Services and the com20 munity of providers of services under this section to assure 

21 quality control, efficiency, and greater client willingness 

22 to come forward. 

23 (f) REPORTS TO CONGRESS.—Not later than 180 

24 days after the date of the enactment of this Act, and each 


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1 subsequent July 1, the Secretary shall submit a report to 

2 Congress that includes information regarding— 

3 (1) the status of the implementation of this sec4 tion; 

5 (2) the grants issued pursuant to this section; 

6 and 

7 (3) the results of those grants. 

8 (g) SOURCE OF GRANT FUNDS.— 

9 (1) APPLICATION FEES.—The Secretary may 

10 use funds made available under sections 218A(l)(2) 

11 and 218D(f)(4)(B) of the Immigration and Nation12 ality Act, as added by this Act, to carry out this sec13 tion. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.— 

15 (A) AMOUNTS AUTHORIZED.—In addition 

16 to the amounts made available under paragraph 

17 (1), there are authorized to be appropriated 

18 such additional sums as may be necessary for 

19 each of the fiscal years 2008 through 2012 to 

20 carry out this section. 

21 (B) AVAILABILITY.—Any amounts appro22 priated pursuant to subparagraph (A) shall re23 main available until expended. 

24 (h) DISTRIBUTION OF FEES AND FINES.— 


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1 (1) H–2C VISA FEES.—Notwithstanding section 

2 218A(l) of the Immigration and Nationality Act, as 

3 added by section 403, 2 percent of the fees collected 

4 under section 218A of such Act shall be made avail5 able for grants under the Initial Entry, Adjustment, 

6 and Citizenship Assistance Grant Program estab7 lished under this section. 

8 (2) CONDITIONAL NONIMMIGRANT VISA FEES

9 AND FINES.—Notwithstanding section 218D(f)(4) of 

10 the Immigration and Nationality Act, as added by 

11 section 601, 2 percent of the fees and fines collected 

12 under section 218D of such Act shall be made avail13 able for grants under the Initial Entry, Adjustment, 

14 and Citizenship Assistance Grant Program estab15 lished under this section. 

16 SEC. 757. SCREENING OF MUNICIPAL SOLID WASTE. 

17 (a) DEFINITIONS.—In this section: 

18 (1) CBP.—The term ‘‘CBP’’ means United 

19 States Customs and Border Protection. 

20 (2) COMMERCIAL MOTOR VEHICLE.—The term 

21 ‘‘commercial motor vehicle’’ has the meaning given 

22 the term in section 31101 of title 49, United States 

23 Code. 

24 (3) COMMISSIONER.—The term ‘‘Commis25 sioner’’ means the Commissioner of the CBP. 


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1 (4) MUNICIPAL SOLID WASTE.—The term ‘‘mu2 nicipal solid waste’’ includes sludge (as defined in 

3 section 1004 of the Solid Waste Disposal Act (42 

4 U.S.C. 6903)). 

5 (b) REPORTS TO CONGRESS.—Not later than 90 days 

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

7 shall submit to Congress a report that— 

8 (1) indicates whether the methodologies and 

9 technologies used by the CBP to screen for and de10 tect the presence of chemical, nuclear, biological, 

11 and radiological weapons in municipal solid waste 

12 are as effective as the methodologies and tech13 nologies used by the CBP to screen for those mate14 rials in other items of commerce entering the United 

15 States through commercial motor vehicle transport; 

16 and 

17 (2) if the report indicates that the methodolo18 gies and technologies used to screen municipal solid 

19 waste are less effective than those used to screen 

20 other items of commerce, identifies the actions that 

21 the CBP will take to achieve the same level of effec22 tiveness in the screening of municipal solid waste, 

23 including actions necessary to meet the need for ad24 ditional screening technologies. 


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1 (c) IMPACT ON COMMERCIAL MOTOR VEHICLES.—If 

2 the Commissioner fails to fully implement an action identi3 fied under subsection (b)(2) before the earlier of the date 

4 that is 180 days after the date on which the report under 

5 subsection (b) is required to be submitted or the date that 

6 is 180 days after the date on which the report is sub7 mitted, the Secretary shall deny entry into the United 

8 States of any commercial motor vehicle carrying municipal 

9 solid waste until the Secretary certifies to Congress that 

10 the methodologies and technologies used by the CBP to 

11 screen for and detect the presence of chemical, nuclear, 

12 biological, and radiological weapons in municipal solid 

13 waste are as effective as the methodologies and tech14 nologies used by the CBP to screen for those materials 

15 in other items of commerce entering into the United 

16 States through commercial motor vehicle transport. 

17 SEC. 758. ACCESS TO IMMIGRATION SERVICES IN AREAS 

18 THAT ARE NOT ACCESSIBLE BY ROAD. 

19 Notwithstanding any other provision of law, the Sec20 retary shall permit an employee of Customs and Border 

21 Protection or Immigration and Customs Enforcement who 

22 carries out the functions of Customs and Border Protec23 tion or Immigration and Customs Enforcement in a geo24 graphic area that is not accessible by road to carry out 

25 any function that was performed by an employee of the 


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1 Immigration and Naturalization Service in such area prior 

2 to the date of the enactment of the Homeland Security 

3 Act of 2002 (6 U.S.C. 101 et seq.). 

4 SEC. 759. BORDER SECURITY ON CERTAIN FEDERAL LAND. 

5 (a) DEFINITIONS.—In this section: 

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

7 land’’ means land under the jurisdiction of the Sec8 retary concerned. 

9 (2) SECRETARY CONCERNED.—The term ‘‘Sec10 retary concerned’’ means— 

11 (A) with respect to land under the jurisdic12 tion of the Secretary of Agriculture, the Sec13 retary of Agriculture; and 

14 (B) with respect to land under the jurisdic15 tion of the Secretary of the Interior, the Sec16 retary of the Interior. 

17 (b) SUPPORT FOR BORDER SECURITY NEEDS.— 

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

19 over the international land borders of the United 

20 States and to prevent the entry of terrorists, unlaw21 ful aliens, narcotics, and other contraband into the 

22 United States, the Secretary, in cooperation with the 

23 Secretary concerned, shall provide— 

24 (A) increased Customs and Border Protec25 tion personnel to secure protected land along 


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1 the international land borders of the United 

2 States; 

3 (B) Federal land resource training for 

4 Customs and Border Protection agents dedi5 cated to protected land; and 

6 (C) Unmanned Aerial Vehicles, aerial as7 sets, Remote Video Surveillance camera sys8 tems, and sensors on protected land that is di9 rectly adjacent to the international land border 

10 of the United States, with priority given to 

11 units of the National Park System. 

12 (2) COORDINATION.—In providing training for 

13 Customs and Border Protection agents under para14 graph (1)(B), the Secretary shall coordinate with the 

15 Secretary concerned to ensure that the training is 

16 appropriate to the mission of the National Park 

17 Service, the United States Fish and Wildlife Service, 

18 the Forest Service, or the relevant agency of the De19 partment of the Interior or the Department of Agri20 culture to minimize the adverse impact on natural 

21 and cultural resources from border protection activi22 ties. 

23 (c) INVENTORY OF COSTS AND ACTIVITIES.—The 

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1 cerned relating to illegal border activity, including the cost 

2 of equipment, training, recurring maintenance, construc3 tion of facilities, restoration of natural and cultural re4 sources, recapitalization of facilities, and operations. 

5 (d) RECOMMENDATIONS.—The Secretary shall— 

6 (1) develop joint recommendations with the Na7 tional Park Service, the United States Fish and 

8 Wildlife Service, and the Forest Service for an ap9 propriate cost recovery mechanism relating to items 

10 identified in subsection (c); and 

11 (2) not later than March 31, 2008, submit to 

12 the appropriate congressional committees (as defined 

13 in section 2 of the Homeland Security Act of 2002 

14 (6 U.S.C. 101)), including the Subcommittee on Na15 tional Parks of the Senate and the Subcommittee on 

16 National Parks, Recreation and Public Lands of the 

17 House of Representatives, the recommendations de18 veloped under paragraph (1). 

19 (e) BORDER PROTECTION STRATEGY.—The Sec20 retary, the Secretary of the Interior, and the Secretary 

21 of Agriculture shall jointly develop a border protection 

22 strategy that supports the border security needs of the 

23 United States in the manner that best protects— 

24 (1) units of the National Park System; 

25 (2) National Forest System land; 


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1 (3) land under the jurisdiction of the United 

2 States Fish and Wildlife Service; and 

3 (4) other relevant land under the jurisdiction of 

4 the Department of the Interior or the Department 

5 of Agriculture. 

6 SEC. 760. UNMANNED AERIAL VEHICLES. 

7 (a) UNMANNED AERIAL VEHICLES AND ASSOCIATED

8 INFRASTRUCTURE.—The Secretary shall acquire and 

9 maintain MQ–9 unmanned aerial vehicles for use on the 

10 border, including related equipment such as— 

11 (1) additional sensors; 

12 (2) critical spares; 

13 (3) satellite command and control; and 

14 (4) other necessary equipment for operational 

15 support. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.— 

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

18 appropriated to the Secretary to carry out sub19 section (a)— 

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

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

22 (2) AVAILABILITY OF FUNDS.—Amounts appro23 priated pursuant to paragraph (1) shall remain 

24 available until expended. 


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1 SEC. 761. RELIEF FOR WIDOWS AND ORPHANS. 

2 (a) IN GENERAL.— 

3 (1) IN GENERAL.—In applying clause (iii) of 

4 section 201(b)(2)(A) of the Immigration and Na5 tionality Act, as added by section 504(a), to an alien 

6 whose citizen relative died before the date of the en7 actment of this Act, the alien relative may (notwith8 standing the deadlines specified in such clause) file 

9 the classification petition under section 

10 204(a)(1)(A)(ii) of such Act not later than 2 years 

11 after the date of the enactment of this Act. 

12 (2) ELIGIBILITY FOR PAROLE.—If an alien was 

13 excluded, deported, removed or departed voluntarily 

14 before the date of the enactment of this Act based 

15 solely upon the alien’s lack of classification as an 

16 immediate relative (as defined by 201(b)(2)(A)(ii) of 

17 the Immigration and Nationality Act) due to the 

18 citizen’s death— 

19 (A) such alien shall be eligible for parole 

20 into the United States pursuant to the Attorney 

21 General’s discretionary authority under section 

22 212(d)(5) of such Act; and 

23 (B) such alien’s application for adjustment 

24 of status shall be considered notwithstanding 

25 section 212(a)(9) of such Act. 


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1 (b) ADJUSTMENT OF STATUS.—Section 245 (8 

2 U.S.C. 1255), as amended by section 408(h) of this Act, 

3 is further amended by adding at the end the following: 

4 ‘‘(o) APPLICATION FOR ADJUSTMENT OF STATUS BY

5 SURVIVING SPOUSES, PARENTS, AND CHILDREN.— 

6 ‘‘(1) IN GENERAL.—Any alien described in 

7 paragraph (2) who applies for adjustment of status 

8 before the death of the qualifying relative, may have 

9 such application adjudicated as if such death had 

10 not occurred. 

11 ‘‘(2) ALIEN DESCRIBED.—An alien is described 

12 in this paragraph is an alien who— 

13 ‘‘(A) is an immediate relative (as described 

14 in section 201(b)(2)(A)); 

15 ‘‘(B) is a family-sponsored immigrant (as 

16 described in subsection (a) or (d) of section 

17 203); 

18 ‘‘(C) is a derivative beneficiary of an em19 ployment-based immigrant under section 203(b) 

20 (as described in section 203(d)); or 

21 ‘‘(D) is a derivative beneficiary of a diver22 sity immigrant (as described in section 

23 203(c)).’’. 

24 (c) TRANSITION PERIOD.— 


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1 (1) IN GENERAL.—Notwithstanding a denial of 

2 an application for adjustment of status for an alien 

3 whose qualifying relative died before the date of the 

4 enactment of this Act, such application may be re5 newed by the alien through a motion to reopen, 

6 without fee, if such motion is filed not later than 2 

7 years after such date of enactment. 

8 (2) ELIGIBILITY FOR PAROLE.—If an alien was 

9 excluded, deported, removed or departed voluntarily 

10 before the date of the enactment of this Act— 

11 (A) such alien shall be eligible for parole 

12 into the United States pursuant to the Attorney 

13 General’s discretionary authority under section 

14 212(d)(5) of the Immigration and Nationality 

15 Act; and 

16 (B) such alien’s application for adjustment 

17 of status shall be considered notwithstanding 

18 section 212(a)(9) of such Act. 

19 (d) PROCESSING OF IMMIGRANT VISAS.—Section 

20 204(b) (8 U.S.C. 1154), as amended by section 204(b) 

21 of this Act, is further amended— 

22 (1) by striking ‘‘After an investigation’’ and in23 serting the following: 

24 ‘‘(1) IN GENERAL.—After an investigation’’; 

25 and 


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1 (2) by adding at the end the following: 

2 ‘‘(2) DEATH OF QUALIFYING RELATIVE.— 

3 ‘‘(A) IN GENERAL.—Any alien described in 

4 paragraph (2) whose qualifying relative died be5 fore the completion of immigrant visa proc6 essing may have an immigrant visa application 

7 adjudicated as if such death had not occurred. 

8 An immigrant visa issued before the death of 

9 the qualifying relative shall remain valid after 

10 such death. 

11 ‘‘(B) ALIEN DESCRIBED.—An alien is de12 scribed in this paragraph is an alien who— 

13 ‘‘(i) is an immediate relative (as de14 scribed in section 201(b)(2)(A)); 

15 ‘‘(ii) is a family-sponsored immigrant 

16 (as described in subsection (a) or (d) of 

17 section 203); 

18 ‘‘(iii) is a derivative beneficiary of an 

19 employment-based immigrant under section 

20 203(b) (as described in section 203(d)); or 

21 ‘‘(iv) is a derivative beneficiary of a 

22 diversity immigrant (as described in sec23 tion 203(c)).’’. 

24 (e) NATURALIZATION.—Section 319(a) (8 U.S.C. 

25 1429(a)) is amended by inserting ‘‘(or, if the spouse is 


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1 deceased, the spouse was a citizen of the United States)’’ 

2 after ‘‘citizen of the United States’’. 

3 SEC. 762. TERRORIST ACTIVITIES. 

4 Section 212(a)(3)(B)(i) (8 U.S.C. 1182(a)(3)(B)(i)) 

5 is amended— 

6 (1) in subclause (III), by striking ‘‘, under cir7 cumstances indicating an intention to cause death or 

8 serious bodily harm, incited’’ and inserting ‘‘incited 

9 or advocated’’; and 

10 (2) in subclause (VII), by striking ‘‘or espouses 

11 terrorist activity or persuades others to endorse or 

12 espouse’’ and inserting ‘‘espouses, or advocates ter13 rorist activity or persuades others to endorse, 

14 espouse, or advocate’’. 

15 SEC. 763. FAMILY UNITY. 

16 Section 212(a)(9) (8 U.S.C. 1182(a)(9)), as amended 

17 by section 212(a) of this Act, is further amended— 

18 (1) in subparagraph (C)(ii), by striking ‘‘be19 tween—’’ and all that follows and inserting the fol20 lowing: ‘‘between— 

21 ‘‘(I) the alien having been bat22 tered or subjected to extreme cruelty; 

23 and 

24 ‘‘(II) the alien’s removal, depar25 ture from the United States, reentry 


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1 or reentries into the United States, or 

2 attempted reentry into the United 

3 States.’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(D) WAIVER.— 

6 ‘‘(i) IN GENERAL.—The Secretary 

7 may waive the application of subpara8 graphs (B) and (C) for an alien who is a 

9 beneficiary of a petition filed under section 

10 201 or 203 if such petition was filed not 

11 later than the date of the enactment of the 

12 Comprehensive Immigration Reform Act of 

13 2007. 

14 ‘‘(ii) FINE.—An alien who is granted 

15 a waiver under clause (i) shall pay a 

16 $2,000 fine.’’. 

17 SEC. 764. TRAVEL DOCUMENT PLAN. 

18 Section 7209 (b)(1) of the Intelligence Reform and 

19 Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) 

20 is amended by striking ‘‘January 1, 2008’’ and inserting 

21 ‘‘June 1, 2009’’. 

22 SEC. 765. ENGLISH AS NATIONAL LANGUAGE. 

23 (a) IN GENERAL.—Title 4, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘CHAPTER 6—LANGUAGE OF THE 

2 GOVERNMENT OF THE UNITED STATES 

‘‘Sec. 

‘‘161. Declaration of national language. 

‘‘162. Preserving and enhancing the role of the national language. 

3 ‘‘§ 161. Declaration of national language 

4 ‘‘English is the national language of the United 

5 States. 

6 ‘‘§ 162. Preserving and enhancing the role of the na7 tional language 

8 ‘‘The Government of the United States shall preserve 

9 and enhance the role of English as the national language 

10 of the United States of America. Unless otherwise author11 ized or provided by law, no person has a right, entitlement, 

12 or claim to have the Government of the United States or 

13 any of its officials or representatives act, communicate, 

14 perform or provide services, or provide materials in any 

15 language other than English. If exceptions are made, that 

16 does not create a legal entitlement to additional services 

17 in that language or any language other than English. If 

18 any forms are issued by the Federal Government in a lan19 guage other than English (or such forms are completed 

20 in a language other than English), the English language 

21 version of the form is the sole authority for all legal pur22 poses.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of chap2 ters for title 4, United States Code, is amended by adding 

3 at the end the following: 

‘‘6. Language of the Government of the United States ....... 161’’. 

4 SEC. 766. REQUIREMENTS FOR NATURALIZATION. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) Section 312 of the Immigration and Nation8 ality Act (8 U.S.C. 1423) requies lawful permanent 

9 residents of the United States who have immigrated 

10 from foreign countries, among other requirements, 

11 to demonstrate an understanding of the English lan12 guage, United States history and Government, be13 fore becoming citizens of the United States. 

14 (2) The Department has conducted a review of 

15 the testing process used to ensure prospective 

16 United States citizens demonstrate said knowledge 

17 of the English language and United States history 

18 and Government for the purpose of redesigning said 

19 test. 

20 (b) DEFINITIONS.—In this section: 

21 (1) KEY DOCUMENTS.—The term ‘‘key docu22 ments’’ means the documents that established or ex23 plained the foundational principles of democracy in 

24 the United States, including the Constitution of the 

25 United States, the Declaration of Independence, the 


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1 Federalist Papers, and the Emancipation Proclama2 tion. 

3 (2) KEY EVENTS.—The term ‘‘key events’’ 

4 means the critical turning points in the history of 

5 the United States (including the American Revolu6 tion, the Civil War, the world wars of the twentieth 

7 century, the civil rights movement, and the major 

8 court decisions and legislation) that contributed to 

9 extending the promise of democracy in American 

10 life. 

11 (3) KEY IDEAS.—The term ‘‘key ideas’’ means 

12 the ideas that shaped the democratic institutions 

13 and heritage of the United States, including the no14 tion of equal justice under the law, freedom, individ15 ualism, human rights, and a belief in progress. 

16 (4) KEY PERSONS.—The term ‘‘key persons’’ 

17 means the men and women who led the United 

18 States as founding fathers, elected officials, sci19 entists, inventors, pioneers, advocates of equal 

20 rights, entrepreneurs, and artists. 

21 (c) GOALS FOR CITIZENSHIP TEST REDESIGN.—The 

22 Secretary shall establish, as goals of the testing process 

23 designed to comply with section 312 of the Immigration 

24 and Nationality Act, that prospective citizens— 


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1 (1) demonstrate a sufficient understanding of 

2 the English language for usage in everyday life; 

3 (2) demonstrate an understanding of American 

4 common values and traditions, including the prin5 ciples of the Constitution of the United States, the 

6 Pledge of Allegiance, respect for the flag of the 

7 United States, the National Anthem, and voting in 

8 public elections; 

9 (3) demonstrate an understanding of the his10 tory of the United States, including the key events, 

11 key persons, key ideas, and key documents that 

12 shaped the institutions and democratic heritage of 

13 the United States; 

14 (4) demonstrate an attachment to the principles 

15 of the Constitution of the United States and the well 

16 being and happiness of the people of the United 

17 States; and 

18 (5) demonstrate an understanding of the rights 

19 and responsibilities of citizenship in the United 

20 States. 

21 (d) IMPLEMENTATION.—The Secretary shall imple22 ment changes to the testing process designed to ensure 

23 compliance with (8 U.S.C. 1423 (a)) not later than Janu24 ary 1, 2008. 


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1 SEC. 767. DECLARATION OF ENGLISH. 

2 English is the common and unifying language of the 

3 United States that helps provide unity for the people of 

4 the United States. 

5 SEC. 768. PRESERVING AND ENHANCING THE ROLE OF THE 

6 ENGLISH LANGUAGE. 

7 (a) REQUIREMENT.—The Government of the United 

8 States shall preserve and enhance the role of English as 

9 the common and unifying language of America. 

10 (b) RELATIONSHIP TO OTHER LAWS.—Nothing in 

11 this section may be construed to diminish or expand any 

12 existing right under Federal law relative to services or ma13 terials provided by the Government of the United States 

14 in any language other than English. 

15 (c) LAW DEFINED.—In this this section, the term 

16 ‘‘law’’ includes provisions of the United States Code and 

17 the United States Constitution, controlling judicial deci18 sions, regulations, and controlling Presidential Executive 

19 Orders. 

20 SEC. 769. EXCLUSION OF ILLEGAL ALIENS FROM CONGRES21 SIONAL APPORTIONMENT TABULATIONS. 

22 In addition to any report required under this Act, the 

23 Director of the Bureau of the Census shall submit to Con24 gress a report on the impact of illegal immigration on the 

25 apportionment of Representatives of Congress among the 

26 several States, and any methods and procedures that the 


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1 Director determines to be feasible and appropriate, to en2 sure that individuals who are found by an authorized Fed3 eral agency to be unlawfully present in the United States 

4 are not counted in tabulating population for purposes of 

5 apportionment of Representatives in Congress among the 

6 several States. 

7 SEC. 770. OFFICE OF INTERNAL CORRUPTION INVESTIGA8 TION. 

9 (a) INTERNAL CORRUPTION; BENEFITS FRAUD.— 

10 Section 453 of the Homeland Security Act of 2002 (6 

11 U.S.C. 273) is amended— 

12 (1) by striking ‘‘the Bureau of’’ each place it 

13 appears and inserting ‘‘United States’’; 

14 (2) in subsection (a)— 

15 (A) by striking paragraph (1) and insert16 ing the following: 

17 ‘‘(1) establishing the Office of Internal Corrup18 tion Investigation, which shall— 

19 ‘‘(A) receive, process, administer, and in20 vestigate criminal and noncriminal allegations 

21 of misconduct, corruption, and fraud involving 

22 any employee or contract worker of United 

23 States Citizenship and Immigration Services 

24 that are not subject to investigation by the In25 spector General for the Department; 


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1 ‘‘(B) ensure that all complaints alleging 

2 any violation described in subparagraph (A) are 

3 handled and stored in a manner appropriate to 

4 their sensitivity; 

5 ‘‘(C) have access to all records, reports, 

6 audits, reviews, documents, papers, rec7 ommendations, or other material available to 

8 United States Citizenship and Immigration 

9 Services, which relate to programs and oper10 ations for which the Director is responsible 

11 under this Act; 

12 ‘‘(D) request such information or assist13 ance from any Federal, State, or local govern14 ment agency as may be necessary for carrying 

15 out the duties and responsibilities under this 

16 section; 

17 ‘‘(E) require the production of all informa18 tion, documents, reports, answers, records, ac19 counts, papers, and other data and documen20 tary evidence necessary to carry out the func21 tions under this section— 

22 ‘‘(i) by subpoena, which shall be en23 forceable, in the case of contumacy or re24 fusal to obey, by order of any appropriate 

25 United States district court; or 


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1 ‘‘(ii) through procedures other than 

2 subpoenas if obtaining documents or infor3 mation from Federal agencies; 

4 ‘‘(F) administer to, or take from, any per5 son an oath, affirmation, or affidavit, as nec6 essary to carry out the functions under this sec7 tion, which oath, affirmation, or affidavit, if ad8 ministered or taken by or before an agent of 

9 the Office of Internal Corruption Investigation 

10 shall have the same force and effect as if ad11 ministered or taken by or before an officer hav12 ing a seal; 

13 ‘‘(G) investigate criminal allegations and 

14 noncriminal misconduct; 

15 ‘‘(H) acquire adequate office space, equip16 ment, and supplies as necessary to carry out 

17 the functions and responsibilities under this 

18 section; and 

19 ‘‘(I) be under the direct supervision of the 

20 Director.’’; 

21 (B) in paragraph (2), by striking ‘‘and’’ at 

22 the end; 

23 (C) in paragraph (3), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(4) establishing the Office of Immigration 

2 Benefits Fraud Investigation, which shall— 

3 ‘‘(A) conduct administrative investigations, 

4 including site visits, to address immigration 

5 benefit fraud; 

6 ‘‘(B) assist United States Citizenship and 

7 Immigration Services provide the right benefit 

8 to the right person at the right time; 

9 ‘‘(C) track, measure, assess, conduct pat10 tern analysis, and report fraud-related data to 

11 the Director; and 

12 ‘‘(D) work with counterparts in other Fed13 eral agencies on matters of mutual interest or 

14 information-sharing relating to immigration 

15 benefit fraud.’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(c) ANNUAL REPORT.—The Director, in consulta18 tion with the Office of Internal Corruption Investigations, 

19 shall submit an annual report to the Committee on the 

20 Judiciary of the Senate and the Committee on the Judici21 ary of the House of Representatives that describes— 

22 ‘‘(1) the activities of the Office, including the 

23 number of investigations began, completed, pending, 

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1 vestigations, and turned over to a United States At2 torney for prosecution; and 

3 ‘‘(2) the types of allegations investigated by the 

4 Office during the 12-month period immediately pre5 ceding the submission of the report that relate to the 

6 misconduct, corruption, and fraud described in sub7 section (a)(1).’’. 

8 (b) USE OF IMMIGRATION FEES TO COMBAT

9 FRAUD.—Section 286(v)(2)(B) (8 U.S.C. 1356(v)(2)(B)) 

10 is amended by adding at the end the following: ‘‘Not less 

11 than 20 percent of the funds made available under this 

12 subparagraph shall be used for activities and functions de13 scribed in paragraphs (1) and (4) of section 453(a) of the 

14 Homeland Security Act of 2002 (6 U.S.C. 273(a)).’’. 

15 SEC. 771. ADJUSTMENT OF STATUS FOR CERTAIN PER16 SECUTED RELIGIOUS MINORITIES. 

17 (a) IN GENERAL.—The Secretary shall adjust the 

18 status of an alien to that of an alien lawfully admitted 

19 for permanent residence if the alien— 

20 (1) is a persecuted religious minority; 

21 (2) is admissible to the United States as an im22 migrant, except as provided under subsection (b); 

23 (3) had an application for asylum pending on 

24 May 1, 2003; 

25 (4) applies for such adjustment of status; 


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1 (5) was physically present in the United States 

2 on the date the application for such adjustment is 

3 filed; and 

4 (6) pays a fee, in an amount determined by the 

5 Secretary, for the processing of such application. 

6 (b) WAIVER OF CERTAIN GROUNDS FOR INADMIS7 SIBILITY.— 

8 (1) INAPPLICABLE PROVISION.—Section 

9 212(a)(7) of the Immigration and Nationality Act (8 

10 U.S.C. 1182(a)(7)) shall not apply to any adjust11 ment of status under this section. 

12 (2) WAIVER.—The Secretary may waive any 

13 other provision of section 212(a) of such Act (except 

14 for paragraphs (2) and (3)) if extraordinary and 

15 compelling circumstances warrant such an adjust16 ment for humanitarian purposes, to ensure family 

17 unity, or if it is otherwise in the public interest. 

18 SEC. 772. ELIGIBILITY OF AGRICULTURAL AND FORESTRY 

19 WORKERS FOR CERTAIN LEGAL ASSISTANCE. 

20 Section 305 of the Immigration Reform and Control 

21 Act of 1986 (8 U.S.C. 1101 note; Public Law 99–603) 

22 is amended— 

23 (1) by striking ‘‘section 101(a)(15)(H)(ii)(a) of 

24 the Immigration and Nationality Act (8 U.S.C. 

25 1101(a)(15)(H)(ii)(a))’’ and inserting ‘‘item (a) or 


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1 (b) of section 101(a)(15)(H)(ii) of the Immigration 

2 and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii))’’; 

3 and 

4 (2) by inserting ‘‘or forestry’’ after ‘‘agricul5 tural’’. 

6 SEC. 773. DESIGNATION OF PROGRAM COUNTRIES. 

7 Section 217(c)(1) (8 U.S.C. 1187(c)(1)) is amended 

8 to read as follows: 

9 ‘‘(1) IN GENERAL.—As soon as any country 

10 fully meets the requirements under paragraph (2), 

11 the Secretary of Homeland Security, in consultation 

12 with the Secretary of State, shall designate such 

13 country as a program country.’’. 

14 SEC. 774. GLOBAL HEALTHCARE COOPERATION. 

15 (a) GLOBAL HEALTHCARE COOPERATION.—Title III 

16 (8 U.S.C. 1401 et seq.) is amended by inserting after sec17 tion 317 the following: 

18 ‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING 

19 HEALTHCARE IN DEVELOPING COUNTRIES. 

20 ‘‘(a) IN GENERAL.—Notwithstanding any other pro21 vision of this Act, the Secretary of Homeland Security 

22 shall allow an eligible alien and the spouse or child of such 

23 alien to reside in a candidate country during the period 

24 that the eligible alien is working as a physician or other 

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1 riod the eligible alien and such spouse or child shall be 

2 considered— 

3 ‘‘(1) to be physically present and residing in the 

4 United States for purposes of naturalization under 

5 section 316(a); and 

6 ‘‘(2) to meet the continuous residency require7 ments under section 316(b). 

8 ‘‘(b) DEFINITIONS.—In this section: 

9 ‘‘(1) CANDIDATE COUNTRY.—The term ‘can10 didate country’ means a country that the Secretary 

11 of State determines is— 

12 ‘‘(A) eligible for assistance from the Inter13 national Development Association, in which the 

14 per capita income of the country is equal to or 

15 less than the historical ceiling of the Inter16 national Development Association for the appli17 cable fiscal year, as defined by the International 

18 Bank for Reconstruction and Development; 

19 ‘‘(B) classified as a lower middle income 

20 country in the then most recent edition of the 

21 World Development Report for Reconstruction 

22 and Development published by the International 

23 Bank for Reconstruction and Development and 

24 having an income greater than the historical 


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1 ceiling for International Development Associa2 tion eligibility for the applicable fiscal year; or 

3 ‘‘(C) qualifies to be a candidate country 

4 due to special circumstances, including natural 

5 disasters or public health emergencies. 

6 ‘‘(2) ELIGIBLE ALIEN.—The term ‘eligible 

7 alien’ means an alien who— 

8 ‘‘(A) has been lawfully admitted to the 

9 United States for permanent residence; and 

10 ‘‘(B) is a physician or other healthcare 

11 worker. 

12 ‘‘(c) CONSULTATION.—The Secretary of Homeland 

13 Security shall consult with the Secretary of State in car14 rying out this subsection. 

15 ‘‘(d) PUBLICATION.—The Secretary of State shall 

16 publish— 

17 ‘‘(1) not later than 6 months after the date of 

18 the enactment of the Comprehensive Immigration 

19 Reform Act of 2007, and annually thereafter, a list 

20 of candidate countries; and 

21 ‘‘(2) an immediate amendment to such list at 

22 any time to include any country that qualifies as a 

23 candidate country due to special circumstances 

24 under subsection (b)(1)(C).’’. 

25 (b) RULEMAKING.— 


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1 (1) REQUIREMENT.—Not later than 6 months 

2 after the date of the enactment of this Act, the Sec3 retary shall promulgate regulations to carry out the 

4 amendments made by this section. 

5 (2) CONTENT.—The regulations required by 

6 paragraph (1) shall— 

7 (A) permit an eligible alien (as defined in 

8 section 317A of the Immigration and Nation9 ality Act, as added by subsection (a)) and the 

10 spouse or child of the eligible alien to reside in 

11 a foreign country to work as a physician or 

12 other healthcare worker as described in sub13 section (a) of such section 317A for not less 

14 than a 12-month period and not more than a 

15 24-month period, and shall permit the Sec16 retary to extend such period for an additional 

17 period not to exceed 12 months, if the Sec18 retary determines that such country has a con19 tinuing need for such a physician or other 

20 healthcare worker; 

21 (B) provide for the issuance of documents 

22 by the Secretary to such eligible alien, and such 

23 spouse or child, if appropriate, to demonstrate 

24 that such eligible alien, and such spouse or 


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1 child, if appropriate, is authorized to reside in 

2 such country under such section 317A; and 

3 (C) provide for an expedited process 

4 through which the Secretary shall review appli5 cations for such an eligible alien to reside in a 

6 foreign country pursuant to subsection (a) of 

7 such section 317A if the Secretary of State de8 termines a country is a candidate country pur9 suant to subsection (b)(1)(C) of such section 

10 317A. 

11 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 The Immigration and Nationality Act is amended as fol13 lows: 

14 (1) Section 101(a)(13)(C)(ii) (8 U.S.C. 

15 1101(a)(13)(C)(ii)) is amended by adding at the end 

16 ‘‘except in the case of an eligible alien, or the spouse 

17 or child of such alien, authorized to be absent from 

18 the United States pursuant to section 317A,’’. 

19 (2) Section 211(b) (8 U.S.C. 1181(b)) is 

20 amended by inserting ‘‘, including an eligible alien 

21 authorized to reside in a foreign country pursuant to 

22 section 317A and the spouse or child of such eligible 

23 alien, if appropriate,’’ after ‘‘101(a)(27)(A),’’. 

24 (3) Section 212(a)(7)(A)(i)(I) (8 U.S.C. 

25 1182(a)(7)(A)(i)(I)) is amended by inserting ‘‘other 


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1 than an eligible alien authorized to reside in a for2 eign country pursuant to section 317A and the 

3 spouse or child of such eligible alien, if appropriate,’’ 

4 after ‘‘Act,’’. 

5 (4) Section 319(b)(1)(B) (8 U.S.C. 

6 1430(b)(1)(B)) is amended by inserting ‘‘an eligible 

7 alien who is residing or has resided in a foreign 

8 country pursuant to section 317A’’ before ‘‘and’’ at 

9 the end. 

10 (5) The table of contents is amended by insert11 ing after the item relating to section 317 the fol12 lowing: 

‘‘Sec. 317A. Temporary absence of aliens providing healthcare in developing 

countries.’’. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Bureau of Citi15 zenship and Immigration Services such sums as may be 

16 necessary to carry out this section and the amendments 

17 made by this section. 

18 SEC. 775. ATTESTATION BY HEALTHCARE WORKERS. 

19 (a) REQUIREMENT FOR ATTESTATION.—Section 

20 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by adding at 

21 the end the following: 

22 ‘‘(E) HEALTHCARE WORKERS WITH OTHER

23 OBLIGATIONS.— 


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1 ‘‘(i) IN GENERAL.—An alien who 

2 seeks to enter the United States for the 

3 purpose of performing labor as a physician 

4 or other healthcare worker is inadmissible 

5 unless the alien submits to the Secretary of 

6 Homeland Security or the Secretary of 

7 State, as appropriate, an attestation that 

8 the alien is not seeking to enter the United 

9 States for such purpose during any period 

10 in which the alien has an outstanding obli11 gation to the government of the alien’s 

12 country of origin or the alien’s country of 

13 residence. 

14 ‘‘(ii) OBLIGATION DEFINED.—In this 

15 subparagraph, the term ‘obligation’ means 

16 an obligation incurred as part of a valid, 

17 voluntary individual agreement in which 

18 the alien received financial assistance to 

19 defray the costs of education or training to 

20 qualify as a physician or other healthcare 

21 worker in consideration for a commitment 

22 to work as a physician or other healthcare 

23 worker in the alien’s country of origin or 

24 the alien’s country of residence. 


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1 ‘‘(iii) WAIVER.—The Secretary of 

2 Homeland Security may waive a finding of 

3 inadmissibility under clause (i) if the Sec4 retary determines that— 

5 ‘‘(I) the obligation was incurred 

6 by coercion or other improper means; 

7 ‘‘(II) the alien and the govern8 ment of the country to which the alien 

9 has an outstanding obligation have 

10 reached a valid, voluntary agreement, 

11 pursuant to which the alien’s obliga12 tion has been deemed satisfied, or the 

13 alien has shown to the satisfaction of 

14 the Secretary that the alien has been 

15 unable to reach such an agreement 

16 because of coercion or other improper 

17 means; or 

18 ‘‘(III) the obligation should not 

19 be enforced due to other extraordinary 

20 circumstances, including undue hard21 ship that would be suffered by the 

22 alien in the absence of a waiver.’’. 

23 (b) EFFECTIVE DATE AND APPLICATION.— 


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1 (1) EFFECTIVE DATE.—The amendment made 

2 by subsection (a) shall become effective 180 days 

3 after the date of the enactment of this Act. 

4 (2) APPLICATION BY THE SECRETARY.—The 

5 Secretary shall begin to carry out the subparagraph 

6 (E) of section 212(a)(5) of the Immigration and Na7 tionality Act (8 U.S.C. 1182(a)(5)), as added by 

8 subsection (a), not later than the effective date de9 scribed in paragraph (1), including the requirement 

10 for the attestation and the granting of a waiver de11 scribed in such subparagraph, regardless of whether 

12 regulations to implement such subparagraph have 

13 been promulgated. 

14 SEC. 776. PUBLIC ACCESS TO THE STATUE OF LIBERTY. 

15 Not later than 60 days after the date of the enact16 ment of this Act, the Secretary of the Interior shall ensure 

17 that all persons who satisfy reasonable and appropriate 

18 security measures shall have full access to the public areas 

19 of the Statue of Liberty, including the crown and the 

20 stairs leading to the crown. 

21 SEC. 777. NATIONAL SECURITY DETERMINATION. 

22 Notwithstanding any other provision of this Act, the 

23 President shall ensure that no provision of title IV or title 

24 VI of this Act, or any amendment made by either such 

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1 dent makes a determination that the implementation of 

2 such title IV and title VI, and the amendments made by 

3 either such title, will strengthen the national security of 

4 the United States. 

5 TITLE VIII—INTERCOUNTRY 

6 ADOPTION REFORM 

7 SEC. 801. SHORT TITLE. 

8 This title may be cited as the ‘‘Intercountry Adoption 

9 Reform Act of 2007’’ or the ‘‘ICARE Act’’. 

10 SEC. 802. FINDINGS; PURPOSES. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) That a child, for the full and harmonious 

13 development of his or her personality, should grow 

14 up in a family environment, in an atmosphere of 

15 happiness, love, and understanding. 

16 (2) That intercountry adoption may offer the 

17 advantage of a permanent family to a child for 

18 whom a suitable family cannot be found in his or her 

19 country of origin. 

20 (3) There has been a significant growth in 

21 intercountry adoptions. In 1990, Americans adopted 

22 7,093 children from abroad. In 2004, they adopted 

23 23,460 children from abroad. 

24 (4) Americans increasingly seek to create or en25 large their families through intercountry adoptions. 


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1 (5) There are many children worldwide that are 

2 without permanent homes. 

3 (6) In the interest of children without a perma4 nent family and the United States citizens who are 

5 waiting to bring them into their families, reforms 

6 are needed in the intercountry adoption process used 

7 by United States citizens. 

8 (7) Before adoption, each child should have the 

9 benefit of measures taken to ensure that inter10 country adoption is in his or her best interest and 

11 that prevents the abduction, selling, or trafficking of 

12 children. 

13 (8) Congress recognizes that foreign-born 

14 adopted children do not make the decision whether 

15 to immigrate to the United States. They are being 

16 chosen by Americans to become part of their imme17 diate families. 

18 (9) As such these children should not be classi19 fied as immigrants in the traditional sense. Once 

20 fully and finally adopted, they should be treated as 

21 children of United States citizens. 

22 (10) Since a child who is fully and finally 

23 adopted is entitled to the same rights, duties, and 

24 responsibilities as a biological child, the law should 

25 reflect such equality. 


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1 (11) Foreign-born adopted children of United 

2 States citizens should be accorded the same proce3 dural treatment as biological children born abroad to 

4 a United States citizen. 

5 (12) If a United States citizen can confer citi6 zenship to a biological child born abroad, that citizen 

7 is entitled to confer such citizenship to their legally 

8 and fully adopted foreign-born child immediately 

9 upon final adoption. 

10 (13) If a United States citizen cannot confer 

11 citizenship to a biological child born abroad, that cit12 izen cannot confer citizenship to their legally and 

13 fully adopted foreign-born child, except through the 

14 naturalization process. 

15 (b) PURPOSES.—The purposes of this title are— 

16 (1) to ensure the any adoption of a foreign-born 

17 child by parents in the United States is carried out 

18 in the manner that is in the best interest of the 

19 child; 

20 (2) to ensure that foreign-born children adopted 

21 by United States citizens will be treated identically 

22 to a biological child born abroad to the same citizen 

23 parent; and 


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1 (3) to improve the intercountry adoption proc2 ess to make it more citizen friendly and focused on 

3 the protection of the child. 

4 SEC. 803. DEFINITIONS. 

5 In this title: 

6 (1) ADOPTABLE CHILD.—The term ‘‘adoptable 

7 child’’ has the same meaning given such term in sec8 tion 101(c)(3) of the Immigration and Nationality 

9 Act (8 U.S.C. 1101(c)(3)), as added by section 

10 824(a). 

11 (2) AMBASSADOR AT LARGE.—The term ‘‘Am12 bassador at Large’’ means the Ambassador at Large 

13 for Intercountry Adoptions appointed to head the 

14 Office pursuant to section 811(b). 

15 (3) COMPETENT AUTHORITY.—The term ‘‘com16 petent authority’’ means the entity or entities au17 thorized by the law of the child’s country of resi18 dence to engage in permanent placement of children 

19 who are no longer in the legal or physical custody 

20 of their biological parents. 

21 (4) CONVENTION.—The term ‘‘Convention’’ 

22 means the Convention on Protection of Children and 

23 Co-operation in Respect of Intercountry Adoption, 

24 done at The Hague on May 29, 1993. 


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1 (5) FULL AND FINAL ADOPTION.—The term 

2 ‘‘full and final adoption’’ means an adoption— 

3 (A) that is completed according to the laws 

4 of the child’s country of residence or the State 

5 law of the parent’s residence; 

6 (B) under which a person is granted full 

7 and legal custody of the adopted child; 

8 (C) that has the force and effect of sev9 ering the child’s legal ties to the child’s biologi10 cal parents; 

11 (D) under which the adoptive parents meet 

12 the requirements of section 825; and 

13 (E) under which the child has been adju14 dicated to be an adoptable child in accordance 

15 with section 826. 

16 (6) OFFICE.—The term ‘‘Office’’ means the Of17 fice of Intercountry Adoptions established under sec18 tion 811(a). 

19 (7) READILY APPROVABLE.—A petition or cer20 tification is ‘‘readily approvable’’ if the documentary 

21 support provided along with such petition or certifi22 cation demonstrates that the petitioner satisfies the 

23 eligibility requirements and no additional informa24 tion or investigation is necessary. 


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1 Subtitle A—Administration of 

2 Intercountry Adoptions 

3 SEC. 811. OFFICE OF INTERCOUNTRY ADOPTIONS. 

4 (a) ESTABLISHMENT.—Not later than 180 days after 

5 the date of enactment of this Act, there shall be estab6 lished within the Department of State, an Office of Inter7 country Adoptions which shall be headed by the Ambas8 sador at Large for Intercountry Adoptions. 

9 (b) AMBASSADOR AT LARGE.— 

10 (1) APPOINTMENT.—The Ambassador at Large 

11 shall be appointed by the President, by and with the 

12 advice and consent of the Senate, from among indi13 viduals who have background, experience, and train14 ing in intercountry adoptions. 

15 (2) CONFLICTS OF INTEREST.—The individual 

16 appointed to be the Ambassador at Large shall be 

17 free from any conflict of interest that could impede 

18 such individual’s ability to serve as the Ambassador. 

19 (3) AUTHORITY.—The Ambassador at Large 

20 shall report directly to the Secretary of State, in 

21 consultation with the Assistant Secretary for Con22 sular Affairs. 

23 (4) REGULATIONS.—The Ambassador at Large 

24 may not issue rules or regulations unless such rules 


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1 or regulations have been approved by the Secretary 

2 of State. 

3 (5) DUTIES OF THE AMBASSADOR AT LARGE.— 

4 The Ambassador at Large shall have the following 

5 responsibilities: 

6 (A) IN GENERAL.—The primary respon7 sibilities of the Ambassador at Large shall be— 

8 (i) to ensure that any adoption of a 

9 foreign-born child by parents in the United 

10 States is carried out in the manner that is 

11 in the best interest of the child; and 

12 (ii) to assist the Secretary of State in 

13 fulfilling the responsibilities designated to 

14 the central authority under title I of the 

15 Intercountry Adoption Act of 2000 (42 

16 U.S.C. 14911 et seq.). 

17 (B) ADVISORY ROLE.—The Ambassador at 

18 Large shall be a principal advisor to the Presi19 dent and the Secretary of State regarding mat20 ters affecting intercountry adoption and the 

21 general welfare of children abroad and shall 

22 make recommendations regarding— 

23 (i) the policies of the United States 

24 with respect to the establishment of a sysVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00758 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 tem of cooperation among the parties to 

2 the Convention; 

3 (ii) the policies to prevent abandon4 ment, to strengthen families, and to ad5 vance the placement of children in perma6 nent families; and 

7 (iii) policies that promote the protec8 tion and well-being of children. 

9 (C) DIPLOMATIC REPRESENTATION.—Sub10 ject to the direction of the President and the 

11 Secretary of State, the Ambassador at Large 

12 may represent the United States in matters and 

13 cases relevant to international adoption in— 

14 (i) fulfillment of the responsibilities 

15 designated to the central authority under 

16 title I of the Intercountry Adoption Act of 

17 2000 (42 U.S.C. 14911 et seq.); 

18 (ii) contacts with foreign governments, 

19 intergovernmental organizations, and spe20 cialized agencies of the United Nations and 

21 other international organizations of which 

22 the United States is a member; and 

23 (iii) multilateral conferences and 

24 meetings relevant to international adop25 tion. 


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1 (D) INTERNATIONAL POLICY DEVELOP2 MENT.—The Ambassador at Large shall advise 

3 and support the Secretary of State and other 

4 relevant Bureaus of the Department of State in 

5 the development of sound policy regarding child 

6 protection and intercountry adoption. 

7 (E) REPORTING RESPONSIBILITIES.—The 

8 Ambassador at Large shall have the following 

9 reporting responsibilities: 

10 (i) IN GENERAL.—The Ambassador at 

11 Large shall assist the Secretary of State 

12 and other relevant Bureaus in preparing 

13 those portions of the Human Rights Re14 ports that relate to the abduction, sale, 

15 and trafficking of children. 

16 (ii) ANNUAL REPORT ON INTER17 COUNTRY ADOPTION.—Not later than Sep18 tember 1 of each year, the Secretary of 

19 State shall prepare and submit to Congress 

20 an annual report on intercountry adoption. 

21 Each annual report shall include— 

22 (I) a description of the status of 

23 child protection and adoption in each 

24 foreign country, including— 


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1 (aa) trends toward improve2 ment in the welfare and protec3 tion of children and families; 

4 (bb) trends in family reunifi5 cation, domestic adoption, and 

6 intercountry adoption; 

7 (cc) movement toward ratifi8 cation and implementation of the 

9 Convention; and 

10 (dd) census information on 

11 the number of children in or12 phanages, foster homes, and 

13 other types of nonpermanent res14 idential care as reported by the 

15 foreign country; 

16 (II) the number of intercountry 

17 adoptions by United States citizens, 

18 including the country from which each 

19 child emigrated, the State in which 

20 each child resides, and the country in 

21 which the adoption was finalized; 

22 (III) the number of intercountry 

23 adoptions involving emigration from 

24 the United States, including the coun25 try where each child now resides and 


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1 the State from which each child emi2 grated; 

3 (IV) the number of placements 

4 for adoption in the United States that 

5 were disrupted, including the country 

6 from which the child emigrated, the 

7 age of the child, the date of the place8 ment for adoption, the reasons for the 

9 disruption, the resolution of the dis10 ruption, the agencies that handled the 

11 placement for adoption, and the plans 

12 for the child, and in addition, any in13 formation regarding disruption or dis14 solution of adoptions of children from 

15 other countries received pursuant to 

16 section 422(b)(14) of the Social Secu17 rity Act (42 U.S.C. 622(b)(14)); 

18 (V) the average time required for 

19 completion of an adoption, set forth 

20 by the country from which the child 

21 emigrated; 

22 (VI) the current list of agencies 

23 accredited and persons approved 

24 under the Intercountry Adoption Act 


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1 of 2000 (42 U.S.C. 14901 et seq.) to 

2 provide adoption services; 

3 (VII) the names of the agencies 

4 and persons temporarily or perma5 nently debarred under the Inter6 country Adoption Act of 2000 (42 

7 U.S.C. 14901 et seq.), and the rea8 sons for the debarment; 

9 (VIII) the range of adoption fees 

10 involving adoptions by United States 

11 citizens and the median of such fees 

12 set forth by the country of origin; 

13 (IX) the range of fees charged 

14 for accreditation of agencies and the 

15 approval of persons in the United 

16 States engaged in providing adoption 

17 services under the Convention; and 

18 (X) recommendations of ways the 

19 United States might act to improve 

20 the welfare and protection of children 

21 and families in each foreign country. 

22 (c) FUNCTIONS OF OFFICE.—The Office shall have 

23 the following 7 functions: 

24 (1) APPROVAL OF A FAMILY TO ADOPT.—To 

25 approve or disapprove the eligibility of a United 


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1 States citizen to adopt a child born in a foreign 

2 country. 

3 (2) CHILD ADJUDICATION.—To investigate and 

4 adjudicate the status of a child born in a foreign 

5 country to determine whether that child is an adopt6 able child. 

7 (3) FAMILY SERVICES.—To provide assistance 

8 to United States citizens engaged in the intercountry 

9 adoption process in resolving problems with respect 

10 to that process and to track intercountry adoption 

11 cases so as to ensure that all such adoptions are 

12 processed in a timely manner. 

13 (4) INTERNATIONAL POLICY DEVELOPMENT.— 

14 To advise and support the Ambassador at Large and 

15 other relevant Bureaus of the Department of State 

16 in the development of sound policy regarding child 

17 protection and intercountry adoption. 

18 (5) CENTRAL AUTHORITY.—To assist the Sec19 retary of State in carrying out duties of the central 

20 authority as defined in section 3 of the Intercountry 

21 Adoption Act of 2000 (42 U.S.C. 14902). 

22 (6) ENFORCEMENT.—To investigate, either di23 rectly or in cooperation with other appropriate inter24 national, Federal, State, or local entities, impropri25 eties relating to intercountry adoption, including 


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1 issues of child protection, birth family protection, 

2 and consumer fraud. 

3 (7) ADMINISTRATION.—To perform administra4 tive functions related to the functions performed 

5 under paragraphs (1) through (6), including legal 

6 functions and congressional liaison and public affairs 

7 functions. 

8 (d) ORGANIZATION.— 

9 (1) IN GENERAL.—All functions of the Office 

10 shall be performed by officers employed in a central 

11 office located in Washington, DC. Within that office, 

12 there shall be 7 divisions corresponding to the 7 

13 functions of the Office. The director of each such di14 vision shall report directly to the Ambassador at 

15 Large. 

16 (2) APPROVAL TO ADOPT.—The division re17 sponsible for approving parents to adopt shall be di18 vided into regions of the United States as follows: 

19 (A) Northwest. 

20 (B) Northeast. 

21 (C) Southwest. 

22 (D) Southeast. 

23 (E) Midwest. 

24 (F) West. 


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1 (3) CHILD ADJUDICATION.—To the extent prac2 ticable, the division responsible for the adjudication 

3 of foreign-born children as adoptable shall be divided 

4 by world regions which correspond to the world re5 gions used by other divisions within the Department 

6 of State. 

7 (4) USE OF INTERNATIONAL FIELD OFFI8 CERS.—Nothing in this section shall be construed to 

9 prohibit the use of international field officers posted 

10 abroad, as necessary, to fulfill the requirements of 

11 this Act. 

12 (5) COORDINATION.—The Ambassador at 

13 Large shall coordinate with appropriate employees of 

14 other agencies and departments of the United 

15 States, whenever appropriate, in carrying out the 

16 duties of the Ambassador. 

17 (e) QUALIFICATIONS AND TRAINING.—In addition to 

18 meeting the employment requirements of the Department 

19 of State, officers employed in any of the 7 divisions of 

20 the Office shall undergo extensive and specialized training 

21 in the laws and processes of intercountry adoption as well 

22 as understanding the cultural, medical, emotional, and so23 cial issues surrounding intercountry adoption and adoptive 

24 families. The Ambassador at Large shall, whenever pos25 sible, recruit and hire individuals with background and exVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 perience in intercountry adoptions, taking care to ensure 

2 that such individuals do not have any conflicts of interest 

3 that might inhibit their ability to serve. 

4 (f) USE OF ELECTRONIC DATABASES AND FILING.— 

5 To the extent possible, the Office shall make use of cen6 tralized, electronic databases and electronic form filing. 

7 SEC. 812. RECOGNITION OF CONVENTION ADOPTIONS IN 

8 THE UNITED STATES. 

9 Section 505(a)(1) of the Intercountry Adoption Act 

10 of 2000 (42 U.S.C. 14901 note) is amended by inserting 

11 ‘‘301, 302,’’ after ‘‘205,’’. 

12 SEC. 813. TECHNICAL AND CONFORMING AMENDMENT. 

13 Section 104 of the Intercountry Adoption Act of 2000 

14 (42 U.S.C. 14914) is repealed. 

15 SEC. 814. TRANSFER OF FUNCTIONS. 

16 (a) IN GENERAL.—Subject to subsection (c), all func17 tions under the immigration laws of the United States 

18 with respect to the adoption of foreign-born children by 

19 United States citizens and their admission to the United 

20 States that have been vested by statute in, or exercised 

21 by, the Secretary immediately prior to the effective date 

22 of this Act, are transferred to the Secretary of State on 

23 the effective date of this Act and shall be carried out by 

24 the Ambassador at Large, under the supervision of the 


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1 Secretary of State, in accordance with applicable laws and 

2 this Act. 

3 (b) EXERCISE OF AUTHORITIES.—Except as other4 wise provided by law, the Ambassador at Large may, for 

5 purposes of performing any function transferred to the 

6 Ambassador at Large under subsection (a), exercise all 

7 authorities under any other provision of law that were 

8 available with respect to the performance of that function 

9 to the official responsible for the performance of the func10 tion immediately before the effective date of the transfer 

11 of the function pursuant to this subtitle. 

12 (c) LIMITATION ON TRANSFER OF PENDING ADOP13 TIONS.—If an individual has filed a petition with the Im14 migration and Naturalization Service or the Department 

15 with respect to the adoption of a foreign-born child prior 

16 to the date of enactment of this Act, the Secretary shall 

17 have the authority to make the final determination on 

18 such petition and such petition shall not be transferred 

19 to the Office. 

20 SEC. 815. TRANSFER OF RESOURCES. 

21 Subject to section 1531 of title 31, United States 

22 Code, upon the effective date of this Act, there are trans23 ferred to the Ambassador at Large for appropriate alloca24 tion in accordance with this Act, the assets, liabilities, con25 tracts, property, records, and unexpended balance of apVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00768 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 propriations, authorizations, allocations, and other funds 

2 employed, held, used, arising from, available to, or to be 

3 made available to the Department in connection with the 

4 functions transferred pursuant to this subtitle. 

5 SEC. 816. INCIDENTAL TRANSFERS. 

6 The Ambassador at Large may make such additional 

7 incidental dispositions of personnel, assets, liabilities, 

8 grants, contracts, property, records, and unexpended bal9 ances of appropriations, authorizations, allocations, and 

10 other funds held, used, arising from, available to, or to 

11 be made available in connection with such functions, as 

12 may be necessary to carry out this subtitle. The Ambas13 sador at Large shall provide for such further measures 

14 and dispositions as may be necessary to effectuate the pur15 poses of this subtitle. 

16 SEC. 817. SAVINGS PROVISIONS. 

17 (a) LEGAL DOCUMENTS.—All orders, determinations, 

18 rules, regulations, permits, grants, loans, contracts, agree19 ments, including collective bargaining agreements, certifi20 cates, licenses, and privileges— 

21 (1) that have been issued, made, granted, or al22 lowed to become effective by the President, the Am23 bassador at Large, the former Commissioner of the 

24 Immigration and Naturalization Service, or the Sec25 retary, or their delegates, or any other Government 


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1 official, or by a court of competent jurisdiction, in 

2 the performance of any function that is transferred 

3 pursuant to this subtitle; and 

4 (2) that are in effect on the effective date of 

5 such transfer (or become effective after such date 

6 pursuant to their terms as in effect on such effective 

7 date), 

8 shall continue in effect according to their terms until 

9 modified, terminated, superseded, set aside, or revoked in 

10 accordance with law by the President, any other author11 ized official, a court of competent jurisdiction, or operation 

12 of law, except that any collective bargaining agreement 

13 shall remain in effect until the date of termination speci14 fied in the agreement. 

15 (b) PROCEEDINGS.— 

16 (1) PENDING.—The transfer of functions under 

17 section 814 shall not affect any proceeding or any 

18 application for any benefit, service, license, permit, 

19 certificate, or financial assistance pending on the ef20 fective date of this subtitle before an office whose 

21 functions are transferred pursuant to this subtitle, 

22 but such proceedings and applications shall be con23 tinued. 

24 (2) ORDERS.—Orders shall be issued in such 

25 proceedings, appeals shall be taken therefrom, and 


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1 payments shall be made pursuant to such orders, as 

2 if this Act had not been enacted, and orders issued 

3 in any such proceeding shall continue in effect until 

4 modified, terminated, superseded, or revoked by a 

5 duly authorized official, by a court of competent ju6 risdiction, or by operation of law. 

7 (3) DISCONTINUANCE OR MODIFICATION.— 

8 Nothing in this section shall be considered to pro9 hibit the discontinuance or modification of any such 

10 proceeding under the same terms and conditions and 

11 to the same extent that such proceeding could have 

12 been discontinued or modified if this section had not 

13 been enacted. 

14 (c) SUITS.—This subtitle shall not affect suits com15 menced before the effective date of this subtitle, and in 

16 all such suits, proceeding shall be had, appeals taken, and 

17 judgments rendered in the same manner and with the 

18 same effect as if this Act had not been enacted. 

19 (d) NONABATEMENT OF ACTIONS.—No suit, action, 

20 or other proceeding commenced by or against the Depart21 ment of State, the Immigration and Naturalization Serv22 ice, or the Department, or by or against any individual 

23 in the official capacity of such individual as an officer or 

24 employee in connection with a function transferred pursuVerDate Aug 31 2005 02:47 May 11, 2007 Jkt 059200 PO 00000 Frm 00771 Fmt 6652 Sfmt 6201 E:\BILLS\S1348.PCS S1348

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1 ant to this section, shall abate by reason of the enactment 

2 of this Act. 

3 (e) CONTINUANCE OF SUIT WITH SUBSTITUTION OF

4 PARTIES.—If any Government officer in the official capac5 ity of such officer is party to a suit with respect to a func6 tion of the officer, and pursuant to this subtitle such func7 tion is transferred to any other officer or office, then such 

8 suit shall be continued with the other officer or the head 

9 of such other office, as applicable, substituted or added 

10 as a party. 

11 (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE12 VIEW.—Except as otherwise provided by this subtitle, any 

13 statutory requirements relating to notice, hearings, action 

14 upon the record, or administrative or judicial review that 

15 apply to any function transferred pursuant to any provi16 sion of this subtitle shall apply to the exercise of such 

17 function by the head of the office, and other officers of 

18 the office, to which such function is transferred pursuant 

19 to such provision. 


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1 Subtitle B—Reform of United 

2 States Laws Governing Inter3 country Adoptions 

4 SEC. 821. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR 

5 ADOPTED CHILDREN BORN OUTSIDE THE 

6 UNITED STATES. 

7 (a) AUTOMATIC CITIZENSHIP PROVISIONS.— 

8 (1) AMENDMENT OF THE IMMIGRATION AND

9 NATIONALITY ACT.—Section 320 (8 U.S.C. 1431) is 

10 amended to read as follows: 

11 ‘‘SEC. 320. CONDITIONS FOR AUTOMATIC CITIZENSHIP FOR 

12 CHILDREN BORN OUTSIDE THE UNITED 

13 STATES. 

14 ‘‘(a) IN GENERAL.—A child born outside of the 

15 United States automatically becomes a citizen of the 

16 United States— 

17 ‘‘(1) if the child is not an adopted child— 

18 ‘‘(A) at least 1 parent of the child is a cit19 izen of the United States, whether by birth or 

20 naturalization, who has been physically present 

21 (as determined under subsection (b)) in the 

22 United States or its outlying possessions for a 

23 period or periods totaling not less than 5 years, 

24 at least 2 of which were after attaining the age 

25 of 14 years; and 


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1 ‘‘(B) the child is under the age of 18 

2 years; or 

3 ‘‘(2) if the child is an adopted child, on the date 

4 of the full and final adoption of the child— 

5 ‘‘(A) at least 1 parent of the child is a cit6 izen of the United States, whether by birth or 

7 naturalization, who has been physically present 

8 (as determined under subsection (b)) in the 

9 United States or its outlying possessions for a 

10 period or periods totaling not less than 5 years, 

11 at least 2 of which were after attaining the age 

12 of 14 years; 

13 ‘‘(B) the child is an adoptable child; 

14 ‘‘(C) the child is the beneficiary of a full 

15 and final adoption decree entered by a foreign 

16 government or a court in the United States; 

17 and 

18 ‘‘(D) the child is under the age of 16 

19 years. 

20 ‘‘(b) PHYSICAL PRESENCE.—For the purposes of 

21 subsection (a)(2)(A), the requirement for physical pres22 ence in the United States or its outlying possessions may 

23 be satisfied by the following: 

24 ‘‘(1) Any periods of honorable service in the 

25 Armed Forces of the United States. 


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1 ‘‘(2) Any periods of employment with the 

2 United States Government or with an international 

3 organization as that term is defined in section 1 of 

4 the International Organizations Immunities Act (22 

5 U.S.C. 288) by such citizen parent. 

6 ‘‘(3) Any periods during which such citizen par7 ent is physically present outside the United States or 

8 its outlying possessions as the dependent unmarried 

9 son or daughter and a member of the household of 

10 a person— 

11 ‘‘(A) honorably serving with the Armed 

12 Forces of the United States; or 

13 ‘‘(B) employed by the United States Gov14 ernment or an international organization as de15 fined in section 1 of the International Organiza16 tions Immunities Act (22 U.S.C. 288). 

17 ‘‘(c) FULL AND FINAL ADOPTION.—In this section, 

18 the term ‘full and final adoption’ means an adoption— 

19 ‘‘(1) that is completed under the laws of the 

20 child’s country of residence or the State law of the 

21 parent’s residence; 

22 ‘‘(2) under which a person is granted full and 

23 legal custody of the adopted child; 

24 ‘‘(3) that has the force and effect of severing 

25 the child’s legal ties to the child’s biological parents; 


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1 ‘‘(4) under which the adoptive parents meet the 

2 requirements of section 825 of the Intercountry 

3 Adoption Reform Act of 2007; and 

4 ‘‘(5) under which the child has been adjudicated 

5 to be an adoptable child in accordance with section 

6 826 of the Intercountry Adoption Reform Act of 

7 2007.’’. 

8 (b) CONFORMING AMENDMENT.—The table of con9 tents in the first section of the Immigration and Nation10 ality Act (66 Stat. 163) is amended by striking the item 

11 relating to section 320 and inserting the following: 

‘‘Sec. 320. Conditions for automatic citizenship for children born outside the 

United States.’’. 

12 (c) EFFECTIVE DATE.—This section shall take effect 

13 as if enacted on June 27, 1952. 

14 SEC. 822. REVISED PROCEDURES. 

15 Notwithstanding any other provision of law, the fol16 lowing requirements shall apply with respect to the adop17 tion of foreign born children by United States citizens: 

18 (1) Upon completion of a full and final adop19 tion, the Secretary shall issue a United States pass20 port and a Consular Report of Birth for a child who 

21 satisfies the requirements of section 320(a)(2) of the 

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

23 1431(a)(2)), as amended by section 821 of this Act, 

24 upon application by a United States citizen parent. 


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1 (2) An adopted child described in paragraph (1) 

2 shall not require the issuance of a visa for travel and 

3 admission to the United States but shall be admitted 

4 to the United States upon presentation of a valid, 

5 unexpired United States passport. 

6 (3) No affidavit of support under section 213A 

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

8 1183a) shall be required in the case of any adopt9 able child. 

10 (4) The Secretary of State, acting through the 

11 Ambassador at Large, shall require that agencies 

12 provide prospective adoptive parents an opportunity 

13 to conduct an independent medical exam and a copy 

14 of any medical records of the child known to exist 

15 (to the greatest extent practicable, these documents 

16 shall include an English translation) on a date that 

17 is not later than the earlier of the date that is 2 

18 weeks before the adoption, or the date on which pro19 spective adoptive parents travel to such a foreign 

20 country to complete all procedures in such country 

21 relating to adoption. 

22 (5) The Secretary of State, acting through the 

23 Ambassador at Large, shall take necessary measures 

24 to ensure that all prospective adoptive parents 

25 adopting internationally are provided with training 


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1 that includes counseling and guidance for the pur2 pose of promoting a successful intercountry adoption 

3 before such parents travel to adopt the child or the 

4 child is placed with such parents for adoption. 

5 (6) The Secretary of State, acting through the 

6 Ambassador at Large, shall take necessary measures 

7 to ensure that— 

8 (A) prospective adoptive parents are given 

9 full disclosure of all direct and indirect costs of 

10 intercountry adoption before the parents are 

11 matched with a child for adoption; 

12 (B) fees charged in relation to the inter13 country adoption be on a fee-for-service basis 

14 not on a contingent fee basis; and 

15 (C) that the transmission of fees between 

16 the adoption agency, the country of origin, and 

17 the prospective adoptive parents is carried out 

18 in a transparent and efficient manner. 

19 (7) The Secretary of State, acting through the 

20 Ambassador at Large, shall take all measures nec21 essary to ensure that all documents provided to a 

22 country of origin on behalf of a prospective adoptive 

23 parent are truthful and accurate. 


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1 SEC. 823. NONIMMIGRANT VISAS FOR CHILDREN TRAV2 ELING TO THE UNITED STATES TO BE ADOPT3 ED BY A UNITED STATES CITIZEN. 

4 (a) NONIMMIGRANT CLASSIFICATION.— 

5 (1) IN GENERAL.—Section 101(a)(15) (8 

6 U.S.C. 1101(a)(15)) is amended by adding at the 

7 end the following: 

8 ‘‘(W) an adoptable child who is coming into the 

9 United States for adoption by a United States cit10 izen and a spouse jointly or by an unmarried United 

11 States citizen at least 25 years of age, who has been 

12 approved to adopt by the Office of International 

13 Adoption of the Department of State.’’. 

14 (2) TECHNICAL AND CONFORMING AMEND15 MENTS.—Such section 101(a)(15) is further amend16 ed— 

17 (A) by striking ‘‘or’’ at the end of subpara18 graph (U); and 

19 (B) by striking the period at the end of 

20 subparagraph (V) and inserting ‘‘; or’’. 

21 (b) TERMINATION OF PERIOD OF AUTHORIZED AD22 MISSION.—Section 214 of the Immigration and Nation23 ality Act (8 U.S.C. 1184) is amended by adding at the 

24 end the following: 


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1 ‘‘(s) In the case of a nonimmigrant described in sec2 tion 101(a)(15)(W), the period of authorized admission 

3 shall terminate on the earlier of— 

4 ‘‘(1) the date on which the adoption of the non5 immigrant is completed by the courts of the State 

6 where the parents reside; or 

7 ‘‘(2) the date that is 4 years after the date of 

8 admission of the nonimmigrant into the United 

9 States, unless a petitioner is able to show cause as 

10 to why the adoption could not be completed prior to 

11 such date and the Secretary of State extends such 

12 period for the period necessary to complete the adop13 tion.’’. 

14 (c) TEMPORARY TREATMENT AS LEGAL PERMANENT

15 RESIDENT.—Notwithstanding any other law, all benefits 

16 and protections that apply to a legal permanent resident 

17 shall apply to a nonimmigrant described in section 

18 101(a)(15)(W) of the Immigration and Nationality Act, 

19 as added by subsection (a), pending a full and final adop20 tion. 

21 (d) EXCEPTION FROM IMMUNIZATION REQUIREMENT

22 FOR CERTAIN ADOPTED CHILDREN.—Section 

23 212(a)(1)(C) of the Immigration and Nationality Act (8 

24 U.S.C. 1182(a)(1)(C)) is amended— 


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1 (1) in the heading by striking ‘‘10 YEARS’’ and 

2 inserting ‘‘18 YEARS’’; and 

3 (2) in clause (i), by striking ‘‘10 years’’ and in4 serting ‘‘18 years’’. 

5 (e) REGULATIONS.—Not later than 90 days after the 

6 date of enactment of this Act, the Secretary of State shall 

7 prescribe such regulations as may be necessary to carry 

8 out this section. 

9 SEC. 824. DEFINITION OF ADOPTABLE CHILD. 

10 (a) IN GENERAL.—Section 101(c) (8 U.S.C. 1101(c)) 

11 is amended by adding at the end the following: 

12 ‘‘(3) The term ‘adoptable child’ means an unmarried 

13 person under the age of 18— 

14 ‘‘(A)(i) whose biological parents (or parent, in 

15 the case of a child who has one sole or surviving 

16 parent) or other persons or institutions that retain 

17 legal custody of the child— 

18 ‘‘(I) have freely given their written irrev19 ocable consent to the termination of their legal 

20 relationship with the child, and to the child’s 

21 emigration and adoption and that such consent 

22 has not been induced by payment or compensa23 tion of any kind and has not been given prior 

24 to the birth of the child; 


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1 ‘‘(II) are unable to provide proper care for 

2 the child, as determined by the competent au3 thority of the child’s residence; or 

4 ‘‘(III) have voluntarily relinquished the 

5 child to the competent authorities pursuant to 

6 the law of the child’s residence; or 

7 ‘‘(ii) who, as determined by the competent au8 thority of the child’s residence— 

9 ‘‘(I) has been abandoned or deserted by 

10 their biological parent, parents, or legal guard11 ians; or 

12 ‘‘(II) has been orphaned due to the death 

13 or disappearance of their biological parent, par14 ents, or legal guardians; 

15 ‘‘(B) with respect to whom the Secretary of 

16 State is satisfied that the proper care will be fur17 nished the child if admitted to the United States; 

18 ‘‘(C) with respect to whom the Secretary of 

19 State is satisfied that the purpose of the adoption is 

20 to form a bona fide parent-child relationship and 

21 that the parent-child relationship of the child and 

22 the biological parents has been terminated (and in 

23 carrying out both obligations under this subpara24 graph the Secretary of State, in consultation with 

25 the Secretary of Homeland Security, may consider 


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1 whether there is a petition pending to confer immi2 grant status on one or both of the biological par3 ents); 

4 ‘‘(D) with respect to whom the Secretary of 

5 State, is satisfied that there has been no induce6 ment, financial or otherwise, offered to obtain the 

7 consent nor was it given before the birth of the 

8 child; 

9 ‘‘(E) with respect to whom the Secretary of 

10 State, in consultation with the Secretary of Home11 land Security, is satisfied that the person is not a 

12 security risk; and 

13 ‘‘(F) whose eligibility for adoption and emigra14 tion to the United States has been certified by the 

15 competent authority of the country of the child’s 

16 place of birth or residence.’’. 

17 (b) CONFORMING AMENDMENT.—Section 204(d) (8 

18 U.S.C. 1154(d)) is amended by inserting ‘‘and an adopt19 able child as defined in section 101(c)(3)’’ before ‘‘unless 

20 a valid home-study’’. 

21 SEC. 825. APPROVAL TO ADOPT. 

22 (a) IN GENERAL.—Prior to the issuance of a visa 

23 under section 101(a)(15)(W) of the Immigration and Na24 tionality Act, as added by section 823(a), or the issuance 

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1 izen adoptive parent shall have approved by the Office a 

2 petition to adopt. Such petition shall be subject to the 

3 same terms and conditions as are applicable to petitions 

4 for classification under section 204.3 of title 8 of the Code 

5 of Federal Regulations, as in effect on the day before the 

6 date of the enactment of this Act. 

7 (b) EXPIRATION OF APPROVAL.—Approval to adopt 

8 under this Act is valid for 24 months from the date of 

9 approval. Nothing in this section may prevent the Sec10 retary from periodically updating the fingerprints of an 

11 individual who has filed a petition for adoption. 

12 (c) EXPEDITED REAPPROVAL PROCESS OF FAMILIES

13 PREVIOUSLY APPROVED TO ADOPT.—The Secretary of 

14 State shall prescribe such regulations as may be necessary 

15 to provide for an expedited and streamlined process for 

16 families who have been previously approved to adopt and 

17 whose approval has expired, so long as not more than 4 

18 years have lapsed since the original application. 

19 (d) DENIAL OF PETITION.— 

20 (1) NOTICE OF INTENT.—If the officer adjudi21 cating the petition to adopt finds that it is not read22 ily approvable, the officer shall notify the petitioner, 

23 in writing, of the officer’s intent to deny the peti24 tion. Such notice shall include the specific reasons 

25 why the petition is not readily approvable. 


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1 (2) PETITIONER’S RIGHT TO RESPOND.—Upon 

2 receiving a notice of intent to deny, the petitioner 

3 has 30 days to respond to such notice. 

4 (3) DECISION.—Within 30 days of receipt of 

5 the petitioner’s response the Office must reach a 

6 final decision regarding the eligibility of the peti7 tioner to adopt. Notice of a formal decision must be 

8 delivered in writing. 

9 (4) RIGHT TO AN APPEAL.—Unfavorable deci10 sions may be appealed to the Department of State 

11 and, after the exhaustion of the appropriate appeals 

12 process of the Department, to a United States dis13 trict court. 

14 (5) REGULATIONS REGARDING APPEALS.—Not 

15 later than 6 months after the date of enactment of 

16 this Act, the Secretary of State shall promulgate for17 mal regulations regarding the process for appealing 

18 the denial of a petition. 

19 SEC. 826. ADJUDICATION OF CHILD STATUS. 

20 (a) IN GENERAL.—Prior to the issuance of a full and 

21 final adoption decree or a visa under section 

22 101(a)(15)(W) of the Immigration and Nationality Act, 

23 as added by section 823(a)— 

24 (1) the Ambassador at Large shall obtain from 

25 the competent authority of the country of the child’s 


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1 residence a certification, together with documentary 

2 support, that the child sought to be adopted meets 

3 the definition of an adoptable child; and 

4 (2) not later than 15 days after the date of the 

5 receipt of the certification referred to in paragraph 

6 (1), the Secretary of State shall make a final deter7 mination on whether the certification and the docu8 mentary support are sufficient to meet the require9 ments of this section or whether additional investiga10 tion or information is required. 

11 (b) PROCESS FOR DETERMINATION.— 

12 (1) IN GENERAL.—The Ambassador at Large 

13 shall work with the competent authorities of the 

14 child’s country of residence to establish a uniform, 

15 transparent, and efficient process for the exchange 

16 and approval of the certification and documentary 

17 support required under subsection (a). 

18 (2) NOTICE OF INTENT.—If the Secretary of 

19 State determines that a certification submitted by 

20 the competent authority of the child’s country of ori21 gin is not readily approvable, the Ambassador at 

22 Large shall— 

23 (A) notify the competent authority and the 

24 prospective adoptive parents, in writing, of the 


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1 specific reasons why the certification is not suf2 ficient; and 

3 (B) provide the competent authority and 

4 the prospective adoptive parents the oppor5 tunity to address the stated insufficiencies. 

6 (3) PETITIONERS RIGHT TO RESPOND.—Upon 

7 receiving a notice of intent to find that a certifi8 cation is not readily approvable, the prospective 

9 adoptive parents shall have 30 days to respond to 

10 such notice. 

11 (4) DECISION.—Not later than 30 days after 

12 the date of receipt of a response submitted under 

13 paragraph (3), the Secretary of State shall reach a 

14 final decision regarding the child’s eligibility as an 

15 adoptable child. Notice of such decision must be in 

16 writing. 

17 (5) RIGHT TO AN APPEAL.—Unfavorable deci18 sions on a certification may be appealed through the 

19 appropriate process of the Department of State and, 

20 after the exhaustion of such process, to a United 

21 States district court. 

22 SEC. 827. FUNDS. 

23 The Secretary of State shall provide the Ambassador 

24 at Large with such funds as may be necessary for— 

25 (1) the hiring of staff for the Office; 


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1 (2) investigations conducted by such staff; and 

2 (3) travel and other expenses necessary to carry 

3 out this title. 

4 Subtitle C—Enforcement 

5 SEC. 831. CIVIL PENALTIES AND ENFORCEMENT. 

6 (a) CIVIL PENALTIES.—A person shall be subject, in 

7 addition to any other penalty that may be prescribed by 

8 law, to a civil money penalty of not more than $50,000 

9 for a first violation, and not more than $100,000 for each 

10 succeeding violation if such person— 

11 (1) violates a provision of this title or an 

12 amendment made by this title; 

13 (2) makes a false or fraudulent statement, or 

14 misrepresentation, with respect to a material fact, or 

15 offers, gives, solicits, or accepts inducement by way 

16 of compensation, intended to influence or affect in 

17 the United States or a foreign country— 

18 (A) a decision for an approval under title 

19 II; 

20 (B) the relinquishment of parental rights 

21 or the giving of parental consent relating to the 

22 adoption of a child; or 

23 (C) a decision or action of any entity per24 forming a central authority function; or 


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1 (3) engages another person as an agent, wheth2 er in the United States or in a foreign country, who 

3 in the course of that agency takes any of the actions 

4 described in paragraph (1) or (2). 

5 (b) CIVIL ENFORCEMENT.— 

6 (1) AUTHORITY OF ATTORNEY GENERAL.—The 

7 Attorney General may bring a civil action to enforce 

8 subsection (a) against any person in any United 

9 States district court. 

10 (2) FACTORS TO BE CONSIDERED IN IMPOSING

11 PENALTIES.—In imposing penalties the court shall 

12 consider the gravity of the violation, the degree of 

13 culpability of the defendant, and any history of prior 

14 violations by the defendant. 

15 SEC. 832. CRIMINAL PENALTIES. 

16 Any person who knowingly and willfully commits a 

17 violation described in paragraph (1) or (2) of section 

18 831(a) shall be subject to a fine of not more than 

19 $250,000, imprisonment for not more than 5 years, or 

20 both. 


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Calendar No. 144 

110TH CONGRESS 

1ST SESSION S. 1348 

A BILL 

To provide for comprehensive immigration reform 

and for other purposes. 

MAY 10, 2007 

Read the second time and placed on the calendar 


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