I 

110TH CONGRESS 

1ST SESSION H. R. 1645 

To provide for comprehensive immigration reform, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2007 

Mr. GUTIERREZ (for himself, Mr. FLAKE, Mr. BACA, Mr. LINCOLN DIAZBALART of Florida, Mr. EMANUEL, Mr. RADANOVICH, Ms. JACKSON-LEE

of Texas, Mr. LAHOOD, Mr. CROWLEY, Mr. MARIO DIAZ-BALART of 

Florida, Ms. GIFFORDS, Ms. ROS-LEHTINEN, Ms. SCHAKOWSKY, Mr. 

FORTUN ̃O, Mr. BECERRA, Mr. CARDOZA, Mr. CUELLAR, Mr. GONZALEZ, 

Mr. GRIJALVA, Mr. HINOJOSA, Mrs. NAPOLITANO, Mr. ORTIZ, Mr. PASTOR, Mr. REYES, Mr. RODRIGUEZ, Ms. ROYBAL-ALLARD, Mr. SALAZAR, 

Mr. SERRANO, Mr. SIRES, and Ms. SOLIS) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Homeland Security, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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 

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1 brant Economy Act of 2007’’ or as the ‘‘STRIVE Act of 

2 2007’’. 

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

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

Sec. 3. Definitions. 

Sec. 4. Severability. 

Sec. 5. Certification requirements prior to implementation of the New Worker 

Program and the conditional nonimmigrant classification. 

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. Ports of entry. 

Sec. 105. Secure communication. 

Sec. 106. Unmanned aerial vehicles. 

Sec. 107. Surveillance technologies programs. 

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. Border Patrol training capacity review. 

Sec. 115. Secure Border Initiative financial accountability. 

Subtitle C—Southern Border Security 

Sec. 121. Improving the security of Mexico’s southern border. 

Sec. 122. Report on deaths at the United States-Mexico border. 

Sec. 123. Cooperation with the Government of Mexico. 

Sec. 124. Temporary National Guard support for securing the southern land 

border of the United States. 

Sec. 125. United States-Mexico Border Enforcement Review Commission. 

Subtitle D—Secure Entry Initiatives 

Sec. 131. Biometric data enhancements. 

Sec. 132. US–VISIT System. 

Sec. 133. Document fraud detection. 

Sec. 134. Improved document integrity. 

Sec. 135. Biometric entry-exit system. 

Sec. 136. Evasion of inspection or violation of arrival, reporting, entry, or clearance requirements. 

Subtitle E—Law Enforcement Relief for States 


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Sec. 141. Border relief grant program. 

Sec. 142. Northern and southern border prosecution initiative. 

Subtitle F—Rapid Response Measures 

Sec. 151. Deployment of Border Patrol agents. 

Sec. 152. Border Patrol major assets. 

Sec. 153. Electronic equipment. 

Sec. 154. Personal equipment. 

Sec. 155. Authorization of appropriations. 

Subtitle G—Border Infrastructure and Technology Modernization 

Sec. 161. Definitions. 

Sec. 162. Port of Entry Infrastructure Assessment Study. 

Sec. 163. National Land Border Security Plan. 

Sec. 164. Expansion of commerce security programs. 

Sec. 165. Port of entry technology demonstration program. 

Sec. 166. Authorization of appropriations. 

Subtitle H—Safe and Secure Detention 

Sec. 171. Definitions. 

Sec. 172. Recording secondary inspection interviews. 

Sec. 173. Procedures governing detention decisions. 

Sec. 174. Legal orientation program. 

Sec. 175. Conditions of detention. 

Sec. 176. Office of Detention Oversight. 

Sec. 177. Secure alternatives program. 

Sec. 178. Less restrictive detention facilities. 

Sec. 179. Authorization of appropriations; effective date. 

Subtitle I—Other Border Security Initiatives 

Sec. 181. Combating human smuggling. 

Sec. 182. Screening of municipal solid waste. 

Sec. 183. Border security on certain Federal land. 

TITLE II—INTERIOR ENFORCEMENT 

Subtitle A—Reducing the Number of Illegal Aliens in the United States 

Sec. 201. Incarceration of criminal aliens. 

Sec. 202. Encouraging aliens to depart voluntarily. 

Sec. 203. Deterring aliens ordered removed from remaining in the United 

States unlawfully. 

Sec. 204. Prohibition of the sale of firearms to, or the possession of firearms 

by certain aliens. 

Sec. 205. Uniform statute of limitations for certain Immigration, naturalization, and peonage offenses. 

Sec. 206. Expedited removal. 

Sec. 207. Field agent allocation. 

Sec. 208. Streamlined processing of background checks conducted for immigration benefit applications and petitions. 

Sec. 209. State criminal alien assistance program. 

Sec. 210. Transportation and processing of illegal aliens apprehended by State 

and local law enforcement officers. 

Sec. 211. Reducing illegal immigration and alien smuggling on tribal lands. 


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Sec. 212. Mandatory address reporting requirements. 

Sec. 213. State and local Enforcement of Federal Immigration laws. 

Sec. 214. Increased criminal penalties related to drunk driving. 

Sec. 215. Law enforcement authority of States and political subdivisions and 

transfer to Federal custody. 

Sec. 216. Laundering of monetary instruments. 

Sec. 217. 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. 218. Determination of immigration status of individuals charged with Federal offenses. 

Sec. 219. Expansion of the Justice Prisoner and Alien Transfer System. 

Sec. 220. Cancellation of visas. 

Subtitle B—Passport and Visa Security 

Sec. 221. Reform of passport fraud offenses. 

Sec. 222. Other immigration reforms. 

Subtitle C—Detention and Removal of Aliens Who Illegally Enter or Remain 

in the United States 

Sec. 231. Detention and removal of aliens ordered removed. 

Sec. 232. Increased criminal penalties for immigration violations. 

Sec. 233. Aggravated felony. 

Sec. 234. Increased criminal penalties related to gang violence, removal, and 

alien smuggling. 

Sec. 235. Illegal entry. 

Sec. 236. Illegal reentry. 

TITLE III—EMPLOYMENT VERIFICATION 

Sec. 301. Employment verification. 

Sec. 302. Clarification of ineligibility for misrepresentation. 

Sec. 303. Antidiscrimination protections. 

Sec. 304. Additional protections. 

Sec. 305. Additional worksite enforcement and fraud detection agents. 

Sec. 306. Amendments to the Social Security Act and the Internal Revenue 

Code. 

TITLE IV—NEW WORKER PROGRAM 

Sec. 401. Nonimmigrant worker. 

Sec. 402. Admission of nonimmigrant workers. 

Sec. 403. Employer obligations. 

Sec. 404. Alien employment management system. 

Sec. 405. Recruitment of United States workers. 

Sec. 406. Numerical limitations. 

Sec. 407. Adjustment to lawful permanent resident status. 

Sec. 408. Requirements for participating countries. 

Sec. 409. Compliance investigators. 

Sec. 410. Standing commission on immigration and labor markets. 

Sec. 411. Admission of nonimmigrants. 

Sec. 412. Agency representation and coordination. 

Sec. 413. Sense of Congress regarding personal protective equipment. 

Sec. 414. Rulemaking; effective date. 

Sec. 415. Authorization of appropriations. 


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TITLE V—VISA REFORMS 

Subtitle A—Backlog Reduction 

Sec. 501. Elimination of existing backlogs. 

Sec. 502. Increasing country limits and exempting family-sponsored and employment-based immigrants. 

Sec. 503. Allocation of immigrant visas. 

Sec. 504. Nursing shortage. 

Sec. 505. Expedited adjudication of employer petitions for aliens of extraordinary artistic ability. 

Sec. 506. Powerline workers and boilermakers. 

Sec. 507. H–1B visas. 

Sec. 508. United States educated immigrants. 

Sec. 509. Student visa reform. 

Sec. 510. L–1 visa holders subject to visa backlog. 

Sec. 511. Retaining workers subject to green card backlog. 

Sec. 512. Streamlining the adjudication process for established employers. 

Sec. 513. Providing premium processing of Employment-Based visa petitions. 

Sec. 514. Eliminating procedural delays in labor certification process. 

Sec. 515. Visa revalidation. 

Sec. 516. Relief for minor children and widows. 

Sec. 517. Relief for widows and orphans. 

Sec. 518. Sons and daughters of Filipino World War II veterans. 

Sec. 519. Determinations under the Haitian Refugee Immigration Fairness Act 

of 1998. 

Sec. 520. S visas. 

Sec. 521. L visa limitations. 

Sec. 522. Establishment of new fashion model nonimmigrant classification. 

Sec. 523. EB–5 regional center program. 

Sec. 524. Return of Talent Program. 

Subtitle B—Preservation of Immigration Benefits for Victims of a Major 

Disaster or Emergency 

Sec. 531. Short title. 

Sec. 532. Definitions. 

Sec. 533. Special immigrant status. 

Sec. 534. Extension of filing or reentry deadlines. 

Sec. 535. Humanitarian relief for certain surviving spouses and children. 

Sec. 536. Recipient of public benefits. 

Sec. 537. Age-out protection. 

Sec. 538. Employment eligibility verification. 

Sec. 539. Naturalization. 

Sec. 540. Discretionary authority. 

Sec. 541. Evidentiary standards and regulations. 

Sec. 542. Identification documents. 

Sec. 543. Waiver of regulations. 

Sec. 544. Notices of change of address. 

Sec. 545. Foreign students and exchange program participants. 

TITLE VI—LEGALIZATION OF UNDOCUMENTED INDIVIDUALS 

Subtitle A—Conditional Nonimmigrants 

Sec. 601. Conditional nonimmigrants. 

Sec. 602. Adjustment of status for conditional nonimmigrants. 


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Sec. 603. Administrative and judicial review. 

Sec. 604. Mandatory disclosure of information. 

Sec. 605. Penalties for false statements in applications. 

Sec. 606. Aliens not subject to direct numerical limitations. 

Sec. 607. Employer protections. 

Sec. 608. Limitations on eligibility. 

Sec. 609. Rulemaking. 

Sec. 610. Authorization of appropriations. 

Subtitle B—DREAM Act of 2007 

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 under this Act. 

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 C—AgJOBS Act of 2007 

Sec. 641. Short title. 

Sec. 642. Definitions. 

CHAPTER 1—PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF

AGRICULTURAL WORKERS

SUBCHAPTER A—BLUE CARD STATUS

Sec. 643. Requirements for blue card status. 

Sec. 644. Treatment of aliens granted blue card status. 

Sec. 645. Adjustment to permanent residence. 

Sec. 646. Applications. 

Sec. 647. Waiver of numerical limitations and certain grounds for inadmissibility. 

Sec. 648. Administrative and judicial review. 

Sec. 649. Use of information. 

Sec. 650. Regulations, effective date, authorization of appropriations. 

SUBCHAPTER B—CORRECTION OF SOCIAL SECURITY RECORDS

Sec. 651. Correction of Social Security records. 

CHAPTER 2—REFORM OF H–2A WORKER PROGRAM

Sec. 652. Amendment to the Immigration and Nationality Act. 

CHAPTER 3—MISCELLANEOUS PROVISIONS

Sec. 653. Determination and use of user fees. 

Sec. 654. Regulations. 


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Sec. 655. Reports to Congress. 

Sec. 656. Effective date. 

Subtitle D—Programs to Assist Nonimmigrant Workers 

Sec. 661. Grants to support public education and community training. 

Sec. 662. Grant program to assist applicants for naturalization. 

Sec. 663. Strengthening American citizenship. 

Sec. 664. Addressing poverty in Mexico. 

TITLE VII—MISCELLANEOUS 

Subtitle A—Increasing Court Personnel 

Sec. 701. Additional immigration personnel. 

Sec. 702. Senior judge participation in the selection of magistrates. 

Sec. 703. Study on the appellate process for immigration appeals. 

Sec. 704. Sense of Congress regarding the establishment of an immigration 

court system. 

Subtitle B—Citizenship Assistance for Members of the Armed Services 

Sec. 711. Waiver of requirement for fingerprints for members of the Armed 

Forces. 

Sec. 712. Noncitizen membership in 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—Family Humanitarian Relief 

Sec. 721. Adjustment of status for certain nonimmigrant victims of terrorism. 

Sec. 722. Cancellation of removal for certain immigrant victims of terrorism. 

Sec. 723. Exceptions. 

Sec. 724. Evidence of death. 

Sec. 725. Definitions. 

Subtitle D—Other Matters 

Sec. 731. Office of Internal Corruption Investigation. 

Sec. 732. Adjustment of status for certain persecuted religious minorities. 

Sec. 733. Eligibility of agricultural and forestry workers for certain legal assistance. 

Sec. 734. State court interpreter grants. 

Sec. 735. Adequate notice for alternate country of removal. 

Sec. 736. Standards for biometric documents. 

Sec. 737. State Impact Assistance Account. 

Sec. 738. New Worker Program and Conditional Nonimmigrant Fee Account. 

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 


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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a 

3 section or other provision of the Immigration and Nation4 ality Act (8 U.S.C. 1101 et seq.). 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) DEPARTMENT.—Except as otherwise pro8 vided, the term ‘‘Department’’ means the Depart9 ment of Homeland Security. 

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

11 the term ‘‘Secretary’’ means the Secretary of Home12 land Security. 

13 SEC. 4. SEVERABILITY. 

14 If any provision of this Act, any amendment made 

15 by this Act, or the application of such provision or amend16 ment to any person or circumstance is held to be invalid 

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

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

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

20 affected by such holding. 


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1 SEC. 5. CERTIFICATION REQUIREMENTS PRIOR TO IMPLE2 MENTATION OF THE NEW WORKER PROGRAM 

3 AND THE CONDITIONAL NONIMMIGRANT 

4 CLASSIFICATION. 

5 Notwithstanding any other provision of this Act, the 

6 Secretary may not implement the New Worker Program 

7 established in the amendments made by title IV or grant 

8 conditional nonimmigrant classification under the amend9 ments made by title VI prior to the date that the Secretary 

10 submits to the President and Congress a certification that 

11 the following conditions have been met: 

12 (1) SECURE BORDER.—The Secretary has sub13 mitted to Congress a report on the status of the im14 plementation of the border surveillance technology 

15 improvements described in the Secure Border Initia16 tive, including target dates for the completion of 

17 such improvements. 

18 (2) SECURE DOCUMENTS.—That the systems 

19 and infrastructure necessary to carry out the im20 provements to immigration document security re21 quired by this Act and the amendments made by 

22 this Act, including documents that will be issued 

23 under the New Worker Program and to aliens grant24 ed conditional nonimmigrant classification, have 

25 been developed, tested for reliability and accuracy, 

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1 structure necessary to permit the Director of the 

2 Federal Bureau of Investigation to conduct required 

3 background checks. 

4 (3) FIRST PHASE IMPLEMENTATION OF THE

5 ELECTRONIC EMPLOYMENT ELIGIBILITY

6 VERIFICATION SYSTEM.—The first phase of the 

7 Electronic Employment Verification System de8 scribed in section 274A of the Immigration and Na9 tionality Act, as amended by section 301 of this Act, 

10 for critical infrastructure employers described in 

11 subsection (c)(10)(i) of such section 274A has been 

12 implemented. 

13 TITLE I—BORDER 

14 ENFORCEMENT 

15 Subtitle A—Assets for Controlling 

16 United States Borders 

17 SEC. 101. ENFORCEMENT PERSONNEL. 

18 (a) PORT OF ENTRY INSPECTORS.— 

19 (1) ADDITIONAL INSPECTORS.—In each of the 

20 fiscal years 2008 through 2012, the Secretary shall, 

21 subject to the availability of appropriations, increase 

22 by not less than 500 the number of positions for 

23 full-time active duty port of entry inspectors and 

24 provide appropriate training, equipment, and sup25 port to such additional inspectors. 


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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the Sec3 retary such sums as may be necessary for each of 

4 the fiscal years 2008 through 2012 to carry out 

5 paragraph (1). 

6 (b) BORDER PATROL AGENTS.—Section 5202 of the 

7 Intelligence Reform and Terrorism Prevention Act of 

8 2004 (Public Law 108–458; 118 Stat. 3734) is amended 

9 to read as follows: 

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

11 AGENTS. 

12 ‘‘(a) ANNUAL INCREASES.—The Secretary of Home13 land Security shall, subject to the availability of appropria14 tions for such purpose, increase the number of positions 

15 for full-time active-duty Border Patrol agents within the 

16 Department of Homeland Security (above the number of 

17 such positions for which funds were appropriated for the 

18 preceding fiscal year), by— 

19 ‘‘(1) 2,000 in fiscal year 2008; 

20 ‘‘(2) 2,400 in fiscal year 2009; 

21 ‘‘(3) 2,400 in fiscal year 2010; 

22 ‘‘(4) 2,400 in fiscal year 2011; and 

23 ‘‘(5) 2,400 in fiscal year 2012. 

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

25 years 2008 through 2012, in addition to the Border Patrol 


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1 agents assigned along the northern border of the United 

2 States during the previous fiscal year, the Secretary shall 

3 assign a number of Border Patrol agents equal to not less 

4 than 20 percent of the net increase in Border Patrol 

5 agents during each such fiscal year. 

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

7 are authorized to be appropriated such sums as may be 

8 necessary for each of fiscal years 2008 through 2012 to 

9 carry out this section.’’. 

10 (c) INVESTIGATIVE PERSONNEL.— 

11 (1) IMMIGRATION AND CUSTOMS ENFORCEMENT

12 INVESTIGATORS.—Section 5203 of the Intelligence 

13 Reform and Terrorism Prevention Act of 2004 

14 (Public Law 108–458; 118 Stat. 3734) is amended 

15 by striking ‘‘800’’ and inserting ‘‘1000’’. 

16 (2) ADDITIONAL PERSONNEL.—In addition to 

17 the positions authorized under section 5203 of the 

18 Intelligence Reform and Terrorism Prevention Act 

19 of 2004, as amended by paragraph (1), during each 

20 of the fiscal years 2008 through 2012, the Secretary 

21 shall, subject to the availability of appropriations, in22 crease by not less than 200 the number of positions 

23 for personnel within the Department assigned to in24 vestigate alien smuggling. 


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1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the Sec3 retary such sums as may be necessary for each of 

4 the fiscal years 2008 through 2012 to carry out this 

5 section. 

6 (d) DEPUTY UNITED STATES MARSHALS.— 

7 (1) ADDITIONAL UNITED STATES MARSHALS.— 

8 In each of the fiscal years 2008 through 2012, the 

9 Attorney General shall, subject to the availability of 

10 appropriations, increase by not less than 50 the 

11 number of positions for full-time active duty Deputy 

12 United States Marshals that investigate criminal 

13 matters related to immigration. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated to the At16 torney General such sums as may be necessary for 

17 each of the fiscal years 2008 through 2012 to carry 

18 out paragraph (1). 

19 (e) RECRUITMENT OF FORMER MEMBERS OF THE

20 ARMED FORCES AND MEMBERS OF RESERVE COMPO21 NENTS OF THE ARMED FORCES.— 

22 (1) REQUIREMENT FOR PROGRAM.—The Sec23 retary, in conjunction with the Secretary of Defense, 

24 shall establish a program to actively recruit covered 

25 members or former members of the Armed Forces to 


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1 serve in United States Customs and Border Protec2 tion. 

3 (2) REPORT ON RECRUITMENT INCENTIVES.— 

4 (A) REQUIREMENT.—Not later than 60 

5 days after the date of enactment of this Act, 

6 the Secretary and the Secretary of Defense 

7 shall jointly submit to the appropriate commit8 tees of Congress a report assessing the desir9 ability and feasibility of offering an incentive to 

10 a covered member or former member of the 

11 Armed Forces for the purpose of encouraging 

12 such member to serve in United States Customs 

13 and Border Protection. The Secretary and the 

14 Secretary of Defense shall assume that the cost 

15 of any such incentive shall be borne by the Sec16 retary. 

17 (B) CONTENT.—The report required by 

18 subparagraph (A) shall include— 

19 (i) an assessment of the desirability 

20 and feasibility of offering any incentive, in21 cluding a monetary incentive, that the Sec22 retary and the Secretary of Defense jointly 

23 consider appropriate, regardless of whether 

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1 ulations on the date of enactment of this 

2 Act; 

3 (ii) a detailed assessment of the desir4 ability and feasibility of such an incentive 

5 that would— 

6 (I) encourage service in United 

7 States Customs and Border Protec8 tion by a covered member or a former 

9 member of the Armed Forces who 

10 provided border patrol or border secu11 rity assistance to United States Cus12 toms and Border Protection as part of 

13 the member’s duties as a member of 

14 the Armed Forces; and 

15 (II) leverage military training 

16 and experience by accelerating train17 ing, or allowing credit to be applied to 

18 related areas of training, required for 

19 service with United States Customs 

20 and Border Protection; 

21 (iii) a description of various monetary 

22 and non-monetary incentives considered for 

23 purposes of the report; 

24 (iv) an assessment of the desirability 

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1 tive for the purpose described in subpara2 graph (A); and 

3 (v) any other matter that the Sec4 retary and the Secretary of Defense jointly 

5 consider appropriate. 

6 (3) DEFINITIONS.—In this subsection: 

7 (A) APPROPRIATE COMMITTEES OF CON8 GRESS.—The term ‘‘appropriate committees of 

9 Congress’’ means— 

10 (i) the Committee on Appropriations, 

11 the Committee on Armed Services, and the 

12 Committee on Homeland Security and 

13 Governmental Affairs of the Senate; and 

14 (ii) the Committee on Appropriations, 

15 the Committee on Armed Services, and the 

16 Committee on Homeland Security of the 

17 House of Representatives. 

18 (B) COVERED MEMBER OR FORMER MEM19 BER OF THE ARMED FORCES.—The term ‘‘cov20 ered member or former member of the Armed 

21 Forces’’ means an individual— 

22 (i) who is a member of a reserve com23 ponent of the Armed Forces; or 


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1 (ii) who is a former member of the 

2 Armed Forces within 2 years of separation 

3 from service in the Armed Forces. 

4 SEC. 102. TECHNOLOGICAL ASSETS. 

5 (a) INCREASED AVAILABILITY OF EQUIPMENT.—The 

6 Secretary and the Secretary of Defense shall develop and 

7 implement a plan to use authorities provided to the Sec8 retary of Defense under chapter 18 of title 10, United 

9 States Code, to increase the availability and use of Depart10 ment of Defense equipment, including unmanned aerial 

11 vehicles, tethered aerostat radars, and other surveillance 

12 equipment, to assist the Secretary in carrying out surveil13 lance activities conducted at or near the international land 

14 borders of the United States to prevent illegal immigra15 tion. 

16 (b) REPORT.—Not later than 6 months after the date 

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

18 of Defense shall submit to Congress a report that con19 tains— 

20 (1) a description of the current use of Depart21 ment of Defense equipment to assist the Secretary 

22 in carrying out surveillance of the international land 

23 borders of the United States and assessment of the 

24 risks to citizens of the United States and foreign 


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1 policy interests associated with the use of such 

2 equipment; 

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

4 increase the use of Department of Defense equip5 ment to assist such surveillance activities; and 

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

7 other support to be provided by the Secretary of De8 fense under such plan during the 1-year period be9 ginning on the date of the submission of the report. 

10 (c) UNMANNED AERIAL VEHICLE PILOT PRO11 GRAM.—During the 1-year period beginning on the date 

12 on which the report is submitted under subsection (b), the 

13 Secretary shall conduct a pilot program to test unmanned 

14 aerial vehicles for border surveillance along the inter15 national border between Canada and the United States. 

16 (d) CONSTRUCTION.—Nothing in this section may be 

17 construed as altering or amending the prohibition on the 

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

19 comitatus under section 1385 of title 18, United States 

20 Code. 

21 (e) 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 SEC. 103. INFRASTRUCTURE. 

2 (a) CONSTRUCTION OF BORDER CONTROL FACILI3 TIES.—Subject to the availability of appropriations, the 

4 Secretary shall construct all-weather roads and acquire 

5 additional vehicle barriers and facilities necessary to 

6 achieve operational control of the international borders of 

7 the United States. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Secretary such 

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

11 through 2012 to carry out subsection (a). 

12 SEC. 104. PORTS OF ENTRY. 

13 The Secretary is authorized to— 

14 (1) construct additional ports of entry along the 

15 international land borders of the United States, at 

16 locations to be determined by the Secretary; and 

17 (2) make necessary improvements to the ports 

18 of entry in existence on the date of enactment of this 

19 Act. 

20 SEC. 105. SECURE COMMUNICATION. 

21 The Secretary shall, as expeditiously as practicable, 

22 develop and implement a plan to improve the use of sat23 ellite communications and other technologies to ensure 

24 clear and secure 2-way communication capabilities— 

25 (1) among all Border Patrol agents conducting 

26 operations between ports of entry; 


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1 (2) between Border Patrol agents and their re2 spective Border Patrol stations; 

3 (3) between Border Patrol agents and residents 

4 in remote areas along the international land borders 

5 of the United States; and 

6 (4) between all appropriate border security 

7 agencies of the Department and State, local, and 

8 tribal law enforcement agencies. 

9 SEC. 106. UNMANNED AERIAL VEHICLES. 

10 (a) UNMANNED AERIAL VEHICLES AND ASSOCIATED

11 INFRASTRUCTURE.—The Secretary shall acquire and 

12 maintain unmanned aerial vehicles and related equipment 

13 for use to patrol the international borders of the United 

14 States, including equipment such as— 

15 (1) additional sensors; 

16 (2) critical spares; 

17 (3) satellite command and control; and 

18 (4) other necessary equipment for operational 

19 support. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.— 

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

22 appropriated to the Secretary for each of the fiscal 

23 years 2008 and 2009 such sums as may be nec24 essary to carry out subsection (a). 


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1 (2) AVAILABILITY OF FUNDS.—Amounts appro2 priated pursuant to the authorization of appropria3 tions in paragraph (1) are authorized to remain 

4 available until expended. 

5 SEC. 107. SURVEILLANCE TECHNOLOGIES PROGRAMS. 

6 (a) AERIAL SURVEILLANCE PROGRAM.— 

7 (1) IN GENERAL.—In conjunction with the bor8 der surveillance plan developed under section 5201 

9 of the Intelligence Reform and Terrorism Prevention 

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

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

12 date of enactment of this Act, shall develop and im13 plement a program to fully integrate and utilize aer14 ial surveillance technologies, including unmanned 

15 aerial vehicles, to enhance the security of the inter16 national border between the United States and Can17 ada and the international border between the United 

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

19 to ensure continuous monitoring of each mile of each 

20 such border. 

21 (2) ASSESSMENT AND CONSULTATION REQUIRE22 MENTS.—In developing the program under this sub23 section, the Secretary shall— 

24 (A) consider current and proposed aerial 

25 surveillance technologies; 


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1 (B) assess the feasibility and advisability 

2 of utilizing such technologies to address border 

3 threats, including an assessment of the tech4 nologies considered best suited to address re5 spective threats; 

6 (C) consult with the Secretary of Defense 

7 regarding any technologies or equipment, which 

8 the Secretary may deploy along an international 

9 border of the United States; and 

10 (D) consult with the Administrator of the 

11 Federal Aviation Administration regarding safe12 ty, airspace coordination and regulation, and 

13 any other issues necessary for implementation 

14 of the program. 

15 (3) ADDITIONAL REQUIREMENTS.— 

16 (A) IN GENERAL.—The program developed 

17 under this subsection shall include the use of a 

18 variety of aerial surveillance technologies in a 

19 variety of topographies and areas, including 

20 populated and unpopulated areas located on or 

21 near an international border of the United 

22 States, in order to evaluate, for a range of cir23 cumstances— 


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1 (i) the significance of previous experi2 ences with such technologies in border se3 curity or critical infrastructure protection; 

4 (ii) the cost and effectiveness of var5 ious technologies for border security, in6 cluding varying levels of technical com7 plexity; and 

8 (iii) liability, safety, and privacy con9 cerns relating to the utilization of such 

10 technologies for border security. 

11 (4) CONTINUED USE OF AERIAL SURVEILLANCE

12 TECHNOLOGIES.—The Secretary may continue the 

13 operation of aerial surveillance technologies while as14 sessing the effectiveness of the utilization of such 

15 technologies. 

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

17 180 days after implementing the program under this 

18 subsection, the Secretary shall submit to Congress a 

19 report regarding such program. The Secretary shall 

20 include in the report a description of such program 

21 together with any recommendations that the Sec22 retary finds appropriate for enhancing the program. 

23 (6) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated such sums 

25 as may be necessary to carry out this subsection. 


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1 (b) INTEGRATED AND AUTOMATED SURVEILLANCE

2 PROGRAM.— 

3 (1) REQUIREMENT FOR PROGRAM.—Subject to 

4 the availability of appropriations, the Secretary shall 

5 establish a program to procure additional unmanned 

6 aerial vehicles, cameras, poles, sensors, satellites, 

7 radar coverage, and other technologies necessary to 

8 achieve operational control of the international bor9 ders of the United States and to establish a security 

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

11 international borders to provide a barrier to illegal 

12 immigration. Such program shall be known as the 

13 Integrated and Automated Surveillance Program. 

14 (2) PROGRAM COMPONENTS.—The Secretary 

15 shall ensure, to the maximum extent feasible, that— 

16 (A) the technologies utilized in the Inte17 grated and Automated Surveillance Program 

18 are integrated and function cohesively in an 

19 automated fashion, including the integration of 

20 motion sensor alerts and cameras in a manner 

21 where a sensor alert automatically activates a 

22 corresponding camera to pan and tilt in the di23 rection of the triggered sensor; 

24 (B) cameras utilized in the Program do 

25 not have to be manually operated; 


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1 (C) such camera views and positions are 

2 not fixed; 

3 (D) surveillance video taken by such cam4 eras is able to be viewed at multiple designated 

5 communications centers; 

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

7 catalog, and report intrusion and response data 

8 collected under the Program; 

9 (F) future remote surveillance technology 

10 investments and upgrades for the Program can 

11 be integrated with existing systems; 

12 (G) performance measures are developed 

13 and applied that can evaluate whether the Pro14 gram is providing desired results and increasing 

15 response effectiveness in monitoring and detect16 ing illegal intrusions along the international 

17 borders of the United States; 

18 (H) plans are developed under the Pro19 gram to streamline site selection, site valida20 tion, and environmental assessment processes to 

21 minimize delays of installing surveillance tech22 nology infrastructure; 

23 (I) standards are developed under the Pro24 gram to expand the shared use of existing pri25 vate and governmental structures to install reVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 mote surveillance technology infrastructure 

2 where possible; and 

3 (J) standards are developed under the Pro4 gram to identify and deploy the use of non5 permanent or mobile surveillance platforms that 

6 will increase the Secretary’s mobility and ability 

7 to identify illegal border intrusions. 

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

9 year after the initial implementation of the Inte10 grated and Automated Surveillance Program, the 

11 Secretary shall submit to Congress a report regard12 ing the Program. The Secretary shall include in the 

13 report a description of the Program together with 

14 any recommendation that the Secretary finds appro15 priate for enhancing the program. 

16 (4) EVALUATION OF CONTRACTORS.— 

17 (A) REQUIREMENT FOR STANDARDS.—The 

18 Secretary shall develop appropriate standards 

19 to evaluate the performance of any contractor 

20 providing goods or services to carry out the In21 tegrated and Automated Surveillance Program. 

22 (B) REVIEW BY THE INSPECTOR GEN23 ERAL.— 

24 (i) IN GENERAL.—The Inspector Gen25 eral of the Department shall review each 


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1 new contract related to the Program that 

2 has a value of more than $5,000,000 in a 

3 timely manner, to determine whether such 

4 contract fully complies with applicable cost 

5 requirements, performance objectives, pro6 gram milestones, and schedules. 

7 (ii) REPORTS.—The Inspector General 

8 shall report the findings of each review 

9 carried out under clause (i) to the Sec10 retary in a timely manner. Not later than 

11 30 days after the date the Secretary re12 ceives a report of findings from the Inspec13 tor General, the Secretary shall submit to 

14 the Committee on Homeland Security and 

15 Governmental Affairs of the Senate and 

16 the Committee on Homeland Security of 

17 the House of Representatives a report of 

18 such findings and a description of any the 

19 steps that the Secretary has taken or plans 

20 to take in response to such findings. 

21 (5) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated such sums 

23 as may be necessary to carry out this subsection. 


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1 Subtitle B—Border Security Plans, 

2 Strategies, and Reports 

3 SEC. 111. SURVEILLANCE PLAN. 

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

5 develop a comprehensive plan for the systematic surveil6 lance of the international land and maritime borders of 

7 the United States. 

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

9 shall include the following: 

10 (1) An assessment of existing technologies em11 ployed on the international land and maritime bor12 ders of the United States. 

13 (2) A description of the compatibility of new 

14 surveillance technologies with surveillance tech15 nologies in use by the Secretary on the date of en16 actment of this Act. 

17 (3) A description of how the Commissioner of 

18 the United States Customs and Border Protection is 

19 working, or is expected to work, with the Under Sec20 retary for Science and Technology of the Depart21 ment to identify and test surveillance technology. 

22 (4) A description of the specific surveillance 

23 technology to be deployed. 

24 (5) Identification of any obstacles that may im25 pede such deployment. 


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1 (6) A detailed estimate of all costs associated 

2 with such deployment and with continued mainte3 nance of such technologies. 

4 (7) A description of how the Secretary is work5 ing with the Administrator of the Federal Aviation 

6 Administration on safety and airspace control issues 

7 associated with the use of unmanned aerial vehicles. 

8 (8) A description of the program to fully inte9 grate and utilize aerial surveillance technologies de10 veloped pursuant to section 107(a). 

11 (9) A description of the Integrated and Auto12 mated Surveillance Program established pursuant to 

13 section 107(b). 

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

15 months after the date of enactment of this Act, the Sec16 retary shall submit to Congress the plan required by this 

17 section. 

18 SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY. 

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

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

22 Security that describes actions to be carried out to achieve 

23 operational control over all ports of entry into the United 

24 States and the international land and maritime borders 

25 of the United States. 


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

2 Security shall include the following: 

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

5 in section 111. 

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

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

10 States. 

11 (3) A risk assessment for all United States 

12 ports of entry and all portions of the international 

13 land and maritime borders of the United States that 

14 includes a description of activities being under15 taken— 

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

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

19 States; and 

20 (B) to protect critical infrastructure at or 

21 near such ports of entry or borders. 

22 (4) An assessment of the legal requirements 

23 that prevent achieving and maintaining operational 

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


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1 (5) An assessment of the most appropriate, 

2 practical, and cost-effective means of defending the 

3 international land and maritime borders of the 

4 United States against threats to security and illegal 

5 transit, including intelligence capacities, technology, 

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

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

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

13 (7) A description of the border security roles 

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

15 tribal authorities, and recommendations regarding 

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

19 a more efficient and effective manner. 

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

22 the use of such efforts and technologies on civil 

23 rights, private property rights, privacy rights, and 

24 civil liberties, including an assessment of efforts to 

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

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

6 States. 

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

8 free flow of travel and commerce is not diminished 

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

11 the United States. 

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

14 aliens apprehended at United States ports of entry 

15 or along the international land borders of the United 

16 States. 

17 (12) A description of the performance metrics 

18 to be used to ensure accountability by the bureaus 

19 of the Department in implementing such Strategy. 

20 (13) A schedule for the implementation of the 

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

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


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1 carry out such measures, and a description of how 

2 such resources should be allocated. 

3 (c) CONSULTATION.—In developing the National 

4 Strategy for Border Security, the Secretary shall consult 

5 with representatives of— 

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

8 and maritime borders of the United States; and 

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

12 security. 

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

15 for Maritime Security developed pursuant to Homeland 

16 Security Presidential Directive 13, dated December 21, 

17 2004. 

18 (e) SUBMISSION TO CONGRESS.— 

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

20 date of enactment of this Act, the Secretary shall 

21 submit to Congress the National Strategy for Border 

22 Security. 

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

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1 retary determines is necessary, not later than 30 

2 days after such update is developed. 

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

4 section 111 may be construed to relieve the Secretary of 

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

7 entire international land and maritime borders of the 

8 United States. 

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

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

13 year after the date of enactment of this Act, and annually 

14 thereafter, the Secretary of State, in coordination with the 

15 Secretary and the heads of other appropriate Federal 

16 agencies, shall submit to Congress a report on improving 

17 the exchange of information related to the security of 

18 North America. 

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

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

24 biometric standards for the issuance, authentication, 


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

3 (A) technical and biometric standards 

4 based on best practices and consistent with 

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

8 (i) passports; 

9 (ii) visas; and 

10 (iii) permanent resident cards; 

11 (B) working with Canada and Mexico to 

12 encourage foreign governments to enact laws to 

13 combat alien smuggling and trafficking, and 

14 laws to forbid the use and manufacture of 

15 fraudulent travel documents and to promote in16 formation sharing; 

17 (C) applying the necessary pressures and 

18 support to ensure that other countries meet 

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

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

23 United States; and 

24 (D) providing technical assistance for the 

25 development and maintenance of a national 


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1 database built upon identified best practices for 

2 biometrics associated with visa and travel docu3 ments. 

4 (2) IMMIGRATION AND VISA MANAGEMENT.— 

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

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

8 progress made— 

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

11 signed by Canada and the United States in 

12 February 2003; and 

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

15 fraud, and to analyze such trends. 

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

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

20 and identifying best practices regarding immigration 

21 security, including the progress made— 

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


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1 throughout the world to share information, 

2 trends, and best practices on visa flows; 

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

5 visitor visa processing, including— 

6 (i) application process; 

7 (ii) interview policy; 

8 (iii) general screening procedures; 

9 (iv) visa validity; 

10 (v) quality control measures; and 

11 (vi) access to appeal or review; 

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

15 same foreign countries; 

16 (D) in providing technical assistance for 

17 the development and maintenance of a national 

18 database built upon identified best practices for 

19 biometrics associated with immigration viola20 tors; 

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

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

25 assistance for programs and systems to support 


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1 advance automated reporting and risk targeting 

2 of international passengers; 

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

6 Mexico, and the United States; and 

7 (G) in collecting 10 fingerprints from each 

8 individual who applies for a visa. 

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

11 United States in implementing parallel entry-exit 

12 tracking systems that, while respecting the privacy 

13 laws of both countries, share information regarding 

14 third country nationals who have overstayed their 

15 period of authorized admission in either Canada or 

16 the United States. 

17 (5) TERRORIST WATCH LISTS.—The progress 

18 made in enhancing the capacity of the United States 

19 to combat terrorism through the coordination of 

20 counterterrorism efforts, including the progress 

21 made— 

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

24 United States and between Mexico and the 

25 United States to govern the sharing of terrorist 


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

4 (B) in establishing appropriate linkages 

5 among Canada, Mexico, and the United States 

6 Terrorist Screening Center; and 

7 (C) in exploring with foreign governments 

8 the establishment of a multilateral watch list 

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

12 and the country that owns such list, including 

13 procedures that satisfy the security concerns 

14 and are consistent with the privacy and other 

15 laws of each participating country. 

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

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

21 (A) in combating currency smuggling, 

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


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1 (B) in determining the feasibility of formu2 lating a firearms trafficking action plan be3 tween Mexico and the United States; 

4 (C) in developing a joint threat assessment 

5 on organized crime between Canada and the 

6 United States; 

7 (D) in determining the feasibility of formu8 lating a joint threat assessment on organized 

9 crime between Mexico and the United States; 

10 (E) in developing mechanisms to exchange 

11 information on findings, seizures, and capture 

12 of individuals transporting undeclared currency; 

13 and 

14 (F) in developing and implementing a plan 

15 to combat the transnational threat of illegal 

16 drug trafficking. 

17 (7) LAW ENFORCEMENT COOPERATION.—The 

18 progress made in enhancing law enforcement co19 operation among Canada, Mexico, and the United 

20 States through enhanced technical assistance for the 

21 development and maintenance of a national database 

22 built upon identified best practices for biometrics as23 sociated with known and suspected criminals or ter24 rorists, including exploring the formation of law en25 forcement teams that include personnel from the 


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1 United States and Mexico, and appropriate proce2 dures for such teams. 

3 SEC. 114. BORDER PATROL TRAINING CAPACITY REVIEW. 

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

5 United States shall conduct a review of the basic training 

6 provided to Border Patrol agents by the Secretary to en7 sure that such training is provided as efficiently and cost8 effectively as possible. 

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

10 subsection (a) shall include the following components: 

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

12 the basic training curriculum provided to new Bor13 der Patrol agents by the Federal Law Enforcement 

14 Training Center, including a description of how such 

15 curriculum has changed since September 11, 2001, 

16 and an evaluation of language and cultural diversity 

17 training programs provided within such curriculum. 

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

19 costs incurred by United States Customs and Border 

20 Protection and the Federal Law Enforcement Train21 ing Center to train 1 new Border Patrol agent. 

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

23 breakdown under paragraph (2), of the costs, effec24 tiveness, scope, and quality, including geographic 

25 characteristics, with other similar training programs 


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1 provided by State and local agencies, nonprofit orga2 nizations, universities, and the private sector. 

3 (4) An evaluation of whether utilizing com4 parable non-Federal training programs, proficiency 

5 testing, and long-distance learning programs may af6 fect— 

7 (A) the cost-effectiveness of increasing the 

8 number of Border Patrol agents trained per 

9 year; 

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

11 and 

12 (C) the scope and quality of basic training 

13 needed to fulfill the mission and duties of a 

14 Border Patrol agent. 

15 SEC. 115. SECURE BORDER INITIATIVE FINANCIAL AC16 COUNTABILITY. 

17 (a) IN GENERAL.—The Inspector General of the De18 partment shall review each contract action relating to the 

19 Secure Border Initiative having a value of more than 

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

21 complies with applicable cost requirements, performance 

22 objectives, program milestones, inclusion of small, minor23 ity, and women-owned business, and time lines. The In24 spector General shall complete a review under this sub25 section with respect to each contract action— 


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

2 initiation of the action; and 

3 (2) upon the conclusion of the performance of 

4 the contract. 

5 (b) INSPECTOR GENERAL.— 

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

7 aware of any improper conduct or wrongdoing in the 

8 course of conducting a contract review under sub9 section (a), the Inspector General shall, as expedi10 tiously as practicable, refer information relating to 

11 such improper conduct or wrongdoing to the Sec12 retary, or to another appropriate official of the De13 partment, who shall determine whether to tempo14 rarily suspend the contractor from further participa15 tion in the Secure Border Initiative. 

16 (2) REPORT.—Upon the completion of each re17 view described in subsection (a), the Inspector Gen18 eral shall submit to the Secretary a report con19 taining the findings of the review, including findings 

20 regarding— 

21 (A) cost overruns; 

22 (B) significant delays in contract execu23 tion; 

24 (C) lack of rigorous departmental contract 

25 management; 


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1 (D) insufficient departmental financial 

2 oversight; 

3 (E) bundling that limits the ability of 

4 small businesses to compete; or 

5 (F) other high-risk business practices. 

6 (c) REPORTS BY THE SECRETARY.— 

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

8 the receipt of each report required under subsection 

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

10 Committee on the Judiciary of the Senate and the 

11 Committee on the Judiciary of the House of Rep12 resentatives, that describes— 

13 (A) the findings of the report received 

14 from the Inspector General; and 

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

16 plans to take, to address the problems identified 

17 in such report. 

18 (2) CONTRACTS WITH FOREIGN COMPANIES.— 

19 Not later than 60 days after the initiation of each 

20 contract action with a company whose headquarters 

21 are not based in the United States, the Secretary 

22 shall submit a report to the Committee on the Judi23 ciary of the Senate and the Committee on the Judi24 ciary of the House of Representatives, regarding the 

25 Secure Border Initiative. 


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

2 that 30 days after receiving information regarding a pro3 posed purchase of a contract to manage the operations of 

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

5 on Foreign Investment in the United States shall submit 

6 a report to Congress that describes— 

7 (1) the proposed purchase; 

8 (2) any security concerns related to the pro9 posed purchase; and 

10 (3) the manner in which such security concerns 

11 have been addressed. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi13 tion to amounts that are otherwise authorized to be appro14 priated to the Office of the Inspector General of the De15 partment, there are authorized to be appropriated to the 

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

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

18 of the overall budget of the Office for such fiscal 

19 year; 

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

21 of the overall budget of the Office for such fiscal 

22 year; and 

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

24 of the overall budget of the Office for such fiscal 

25 year. 


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1 Subtitle C—Southern Border 

2 Security 

3 SEC. 121. IMPROVING THE SECURITY OF MEXICO’S SOUTH4 ERN BORDER. 

5 (a) TECHNICAL ASSISTANCE.—The Secretary of 

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

7 cooperate with the head of Foreign Affairs Canada and 

8 the appropriate officials of the Government of Mexico to 

9 establish a program— 

10 (1) to assess the specific needs of the countries 

11 of Central America in maintaining the security of 

12 the international borders of such countries; 

13 (2) to use the assessment made under para14 graph (1) to determine the financial and technical 

15 support needed by the countries of Central America 

16 from Canada, Mexico, and the United States to meet 

17 such needs; 

18 (3) to provide technical assistance to the coun19 tries of Central America to promote issuance of se20 cure passports and travel documents by such coun21 tries; and 

22 (4) to encourage the countries of Central Amer23 ica— 

24 (A) to control alien smuggling and traf25 ficking; 


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1 (B) to prevent the use and manufacture of 

2 fraudulent travel documents; and 

3 (C) to share relevant information with 

4 Mexico, Canada, and the United States. 

5 (b) BORDER SECURITY FOR THE COUNTRIES OF

6 CENTRAL AMERICA.—The Secretary, in consultation with 

7 the Secretary of State, shall work to cooperate— 

8 (1) with the appropriate officials of the govern9 ments of the countries of Central America to provide 

10 law enforcement assistance to such countries to spe11 cifically address immigration issues to increase the 

12 ability of such governments to dismantle human 

13 smuggling organizations and gain additional control 

14 over the international borders between the countries 

15 of Central America; and 

16 (2) with the appropriate officials of the govern17 ments of the countries of Central America to estab18 lish a program to provide needed equipment, tech19 nical assistance, and vehicles to manage, regulate, 

20 and patrol such international borders. 

21 (c) TRACKING CENTRAL AMERICAN GANGS.—The 

22 Secretary of State, in coordination with the Secretary and 

23 the Director of the Federal Bureau of Investigation, shall 

24 work to cooperate with the appropriate officials of the gov25 ernments of other countries of Central America— 


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

2 the United States and Central America of deporting 

3 violent criminal aliens; 

4 (2) to establish a program and database to 

5 track individuals involved in Central American gang 

6 activities; 

7 (3) to develop a mechanism that is acceptable 

8 to the governments of the countries of Central 

9 America and of the United States to notify such a 

10 government if an individual suspected of gang activ11 ity will be deported to that country prior to the de12 portation and to provide support for the reintegra13 tion of such deportees into that country; and 

14 (4) to develop an agreement to share all rel15 evant information related to individuals connected 

16 with Central American gangs. 

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

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

19 limitations contained in section 551 of the Foreign Oper20 ations, Export Financing, and Related Programs Appro21 priations Act, 2006 (Public Law 109–102; 119 Stat. 

22 2218). 


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1 SEC. 122. REPORT ON DEATHS AT THE UNITED STATES2 MEXICO BORDER. 

3 (a) COLLECTION OF STATISTICS.—The Commis4 sioner of the United States Customs and Border Protec5 tion shall collect statistics relating to deaths occurring at 

6 the border between the United States and Mexico, includ7 ing— 

8 (1) the causes of the deaths; and 

9 (2) the total number of deaths. 

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

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

12 Commissioner of United States Customs and Border Pro13 tection shall submit to the Secretary a report that— 

14 (1) analyzes trends with respect to the statistics 

15 collected under subsection (a) during the preceding 

16 year; and 

17 (2) recommends actions to reduce the deaths 

18 described in subsection (a). 

19 SEC. 123. COOPERATION WITH THE GOVERNMENT OF MEX20 ICO. 

21 (a) COOPERATION REGARDING BORDER SECU22 RITY.—The Secretary of State, in cooperation with the 

23 Secretary and representatives of Federal, State, and local 

24 law enforcement agencies that are involved in border secu25 rity and immigration enforcement efforts, shall work with 

26 the appropriate officials from the Government of Mexico 


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1 to improve coordination between the United States and 

2 Mexico regarding— 

3 (1) improved border security along the inter4 national border between the United States and Mex5 ico; 

6 (2) the reduction of human trafficking and 

7 smuggling between the United States and Mexico; 

8 (3) the reduction of drug trafficking and smug9 gling between the United States and Mexico; 

10 (4) the reduction of gang membership in the 

11 United States and Mexico; 

12 (5) the reduction of violence against women in 

13 the United States and Mexico; and 

14 (6) the reduction of other violence and criminal 

15 activity. 

16 (b) COOPERATION REGARDING EDUCATION ON IMMI17 GRATION LAWS.—The Secretary of State, in cooperation 

18 with other appropriate Federal officials, shall work with 

19 the appropriate officials from the Government of Mexico 

20 to carry out activities to educate citizens and nationals 

21 of Mexico regarding eligibility for status as a non22 immigrant under Federal law to ensure that the citizens 

23 and nationals are not exploited while working in the 

24 United States. 


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1 (c) COOPERATION REGARDING CIRCULAR MIGRA2 TION.—The Secretary of State, in cooperation with the 

3 Secretary of Labor and other appropriate Federal offi4 cials, shall work with the appropriate officials from the 

5 Government of Mexico to improve coordination between 

6 the United States and Mexico to encourage circular migra7 tion, including assisting in the development of economic 

8 opportunities and providing job training for citizens and 

9 nationals in Mexico. 

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

11 and local representatives in the United States shall work 

12 to cooperate with their counterparts in Mexico concerning 

13 border security structures along the international border 

14 between the United States and Mexico, as authorized by 

15 this title, in order to— 

16 (1) solicit the views of affected communities; 

17 (2) lessen tensions; and 

18 (3) foster greater understanding and stronger 

19 cooperation on this and other important security 

20 issues of mutual concern. 

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

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

23 the Secretary of State shall submit to Congress a report 

24 on the actions taken by the United States and Mexico 

25 under this section. 


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1 SEC. 124. TEMPORARY NATIONAL GUARD SUPPORT FOR SE2 CURING THE SOUTHERN LAND BORDER OF 

3 THE UNITED STATES. 

4 (a) AUTHORITY TO PROVIDE ASSISTANCE.— 

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

6 Secretary of Defense, the Governor of a State may 

7 order any units or personnel of the National Guard 

8 of such State to perform annual training duty under 

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

10 carry out in any State along the southern land bor11 der of the United States the activities authorized in 

12 subsection (b), for the purpose of securing such bor13 der. Such duty shall not exceed 21 days in any year. 

14 (2) SUPPORT.—With the approval of the Sec15 retary of Defense, the Governor of a State may 

16 order any units or personnel of the National Guard 

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

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

19 control, and continuity of support for units or per20 sonnel performing annual training duty under para21 graph (1). 

22 (b) AUTHORIZED ACTIVITIES.—The activities author23 ized by this subsection are any of the following: 

24 (1) Ground reconnaissance activities. 

25 (2) Airborne reconnaissance activities. 

26 (3) Logistical support. 


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1 (4) Provision of translation services and train2 ing. 

3 (5) Administrative support services. 

4 (6) Technical training services. 

5 (7) Emergency medical assistance and services. 

6 (8) Communications services. 

7 (9) Rescue of aliens in peril. 

8 (10) Construction of roadways, patrol roads, 

9 fences, barriers, and other facilities to secure the 

10 southern land border of the United States. 

11 (11) Ground and air transportation. 

12 (c) COOPERATIVE AGREEMENTS.—Units and per13 sonnel of the National Guard of a State may perform ac14 tivities in another State under subsection (a) only pursu15 ant to the terms of an emergency management assistance 

16 compact or other cooperative arrangement entered into be17 tween Governors of such States for purposes of this sec18 tion, and only with the approval of the Secretary of De19 fense. 

20 (d) COORDINATION OF ASSISTANCE.—The Secretary 

21 of Homeland Security shall, in consultation with the Sec22 retary of Defense and the Governors of the States con23 cerned, coordinate the performance of activities under this 

24 section by units and personnel of the National Guard. 


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1 (e) ANNUAL TRAINING.—Annual training duty per2 formed by members of the National Guard under sub3 section (a) shall be appropriate for the units and indi4 vidual members concerned, taking into account the types 

5 of units and military occupational specialties of individual 

6 members performing such duty. 

7 (f) DEFINITIONS.—In this section: 

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

9 the case of the District of Columbia, the Com10 manding General of the National Guard of the Dis11 trict of Columbia. 

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

13 States, the District of Columbia, the Commonwealth 

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

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

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

17 (A) The State of Arizona. 

18 (B) The State of California. 

19 (C) The State of New Mexico. 

20 (D) The State of Texas. 

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

22 this section shall expire on January 1, 2009. 

23 (h) PROHIBITION ON DIRECT PARTICIPATION IN LAW

24 ENFORCEMENT.—Activities carried out under the author25 ity of this section shall not include the direct participation 


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

2 arrest, or similar activity. 

3 SEC. 125. UNITED STATES-MEXICO BORDER ENFORCEMENT 

4 REVIEW COMMISSION. 

5 (a) ESTABLISHMENT OF COMMISSION.— 

6 (1) IN GENERAL.—There is established an inde7 pendent commission to be known as the United 

8 States-Mexico Border Enforcement Review Commis9 sion (referred to in this section as the ‘‘Commis10 sion’’). 

11 (2) PURPOSES.—The purposes of the Commis12 sion are— 

13 (A) to study the overall enforcement and 

14 detention strategies, programs and policies of 

15 Federal agencies along the United States-Mex16 ico border; and 

17 (B) to make recommendations to the 

18 President and Congress with respect to such 

19 strategies, programs and policies. 

20 (3) MEMBERSHIP.—The Commission shall be 

21 composed of 16 voting members, who shall be ap22 pointed as follows: 

23 (A) The Governors of the States of Cali24 fornia, New Mexico, Arizona, and Texas shall 

25 each appoint 4 voting members of whom— 


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1 (i) 1 shall be a local elected official 

2 from the State’s border region; 

3 (ii) 1 shall be a local law enforcement 

4 official from the State’s border region; and 

5 (iii) 2 shall be from the State’s com6 munities of academia, religious leaders, 

7 civic leaders or community leaders. 

8 (B) 2 nonvoting members, of whom— 

9 (i) 1 shall be appointed by the Sec10 retary; and 

11 (ii) 1 shall be appointed by the Attor12 ney General. 

13 (4) QUALIFICATIONS.— 

14 (A) IN GENERAL.—Members of the Com15 mission shall be— 

16 (i) individuals with expertise in migra17 tion, border enforcement and protection, 

18 civil and human rights, community rela19 tions, cross-border trade and commerce or 

20 other pertinent qualifications or experience; 

21 and 

22 (ii) representative of a broad cross 

23 section of perspectives from the region 

24 along the international border between the 

25 United States and Mexico; 


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1 (B) POLITICAL AFFILIATION.—Not more 

2 than 2 members of the Commission appointed 

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

4 be members of the same political party. 

5 (C) NONGOVERNMENTAL APPOINTEES.— 

6 An individual appointed as a voting member to 

7 the Commission may not be an officer or em8 ployee of the Federal Government. 

9 (5) DEADLINE FOR APPOINTMENT.—All mem10 bers of the Commission shall be appointed not later 

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

12 any member of the Commission described in para13 graph (3)(A) is not appointed by such date, the 

14 Commission shall carry out its duties under this sec15 tion without the participation of such member. 

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

17 members shall be for the life of the Commission, or 

18 3 years, whichever is sooner. 

19 (7) VACANCIES.—Any vacancy in the Commis20 sion shall not affect its powers, but shall be filled in 

21 the same manner in which the original appointment 

22 was made. 

23 (8) MEETINGS.— 


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1 (A) INITIAL MEETING.—The Commission 

2 shall meet and begin the operations of the Com3 mission as soon as practicable. 

4 (B) SUBSEQUENT MEETINGS.—After its 

5 initial meeting, the Commission shall meet upon 

6 the call of the chairman or a majority of its 

7 members. 

8 (9) QUORUM.—Nine members of the Commis9 sion shall constitute a quorum. 

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

11 members of the Commission shall elect a Chairman 

12 and Vice Chairman from among its members. The 

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

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

15 and make recommendations regarding border enforcement 

16 policies, strategies, and programs, including recommenda17 tions regarding— 

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

19 community residents and migrants along the inter20 national border between the United States and Mex21 ico; 

22 (2) the adequacy and effectiveness of human 

23 and civil rights training of enforcement personnel on 

24 such border; 


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1 (3) the adequacy of the complaint process with2 in the agencies and programs of the Department 

3 that are employed when an individual files a griev4 ance; 

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

6 enforcement infrastructure along such border on 

7 the— 

8 (A) environment; 

9 (B) cross border traffic and commerce; and 

10 (C) the quality of life of border commu11 nities; 

12 (5) State and local law enforcement involvement 

13 in the enforcement of Federal immigration law; 

14 (6) the adequacy of detention standards and 

15 conditions, and the extent to which the standards 

16 and conditions are enforced; and 

17 (7) any other matters regarding border enforce18 ment policies, strategies, and programs the Commis19 sion determines appropriate. 

20 (c) INFORMATION AND ASSISTANCE FROM FEDERAL

21 AGENCIES.— 

22 (1) INFORMATION FROM FEDERAL AGENCIES.— 

23 The Commission may seek directly from any depart24 ment or agency of the United States such informa25 tion, including suggestions, estimates, and statistics, 


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1 as allowed by law and as the Commission considers 

2 necessary to carry out the provisions of this section. 

3 Upon request of the Commission, the head of such 

4 department or agency shall furnish such information 

5 to the Commission. 

6 (2) ASSISTANCE FROM FEDERAL AGENCIES.— 

7 The Administrator of General Services shall, on a 

8 reimbursable basis, provide the Commission with ad9 ministrative support and other services for the per10 formance of the Commission’s functions. The depart11 ments and agencies of the United States may pro12 vide the Commission with such services, funds, facili13 ties, staff, and other support services as they deter14 mine advisable and as authorized by law. 

15 (d) COMPENSATION.— 

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

17 shall serve without pay. 

18 (2) REIMBURSEMENT OF EXPENSES.—All mem19 bers of the Commission shall be reimbursed for rea20 sonable travel expenses and subsistence, and other 

21 reasonable and necessary expenses incurred by them 

22 in the performance of their duties. 

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

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1 mission shall submit a report to the President and Con2 gress that contains— 

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

4 Commission; 

5 (2) recommendations regarding border enforce6 ment policies, strategies, and programs; 

7 (3) suggestions for the implementation of the 

8 Commission’s recommendations; and 

9 (4) a recommendation as to whether the Com10 mission should continue to exist after the date of 

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

12 description of the purposes and duties recommended 

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

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out this section. 

17 (g) SUNSET.—Unless the Commission is re-author18 ized by Congress, the Commission shall terminate on the 

19 date that is 90 days after the date the Commission sub20 mits the report described in subsection (e). 

21 Subtitle D—Secure Entry 

22 Initiatives 

23 SEC. 131. BIOMETRIC DATA ENHANCEMENTS. 

24 Not later than December 31, 2008, the Secretary 

25 shall— 


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1 (1) in consultation with the Attorney General, 

2 enhance connectivity between the Automated Bio3 metric Fingerprint Identification System (IDENT) 

4 of the Department and the Integrated Automated 

5 Fingerprint Identification System (IAFIS) of the 

6 Federal Bureau of Investigation to ensure more ex7 peditious data searches; and 

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

9 collect all fingerprints from each alien required to 

10 provide fingerprints during the alien’s initial enroll11 ment in the integrated entry and exit data system 

12 described in section 110 of the Illegal Immigration 

13 Reform and Immigrant Responsibility Act of 1996 

14 (8 U.S.C. 1365a). 

15 SEC. 132. US–VISIT SYSTEM. 

16 Not later than 6 months after the date of enactment 

17 of this Act, the Secretary, in consultation with the heads 

18 of other appropriate Federal agencies, shall submit to 

19 Congress a schedule for— 

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

21 the United States with the U.S.-Visitor and Immi22 grant Status Indicator Technology (US–VISIT) sys23 tem implemented under the authority of section 110 

24 of the Illegal Immigration Reform and Immigrant 

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


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1 (2) developing and deploying at such ports of 

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

3 and 

4 (3) making interoperable all immigration 

5 screening systems operated by the Secretary. 

6 SEC. 133. DOCUMENT FRAUD DETECTION. 

7 (a) TRAINING.—Subject to the availability of appro8 priations, the Secretary shall provide all officers of the 

9 United States Customs and Border Protection with train10 ing in identifying and detecting fraudulent travel docu11 ments. Such training shall be developed in consultation 

12 with the head of the Forensic Document Laboratory of 

13 United States Immigration and Customs Enforcement. 

14 (b) FORENSIC DOCUMENT LABORATORY.—The Sec15 retary shall provide all United States Customs and Border 

16 Protection officers with access to the Forensic Document 

17 Laboratory. 

18 (c) ASSESSMENT.— 

19 (1) REQUIREMENT FOR ASSESSMENT.—The In20 spector General of the Department shall conduct an 

21 independent assessment of the accuracy and reli22 ability of the Forensic Document Laboratory. 

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

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


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1 Inspector General shall submit to Congress the find2 ings of the assessment required by paragraph (1). 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary such 

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

6 through 2012 to carry out this section. 

7 SEC. 134. IMPROVED DOCUMENT INTEGRITY. 

8 (a) IN GENERAL.—Section 303 of the Enhanced Bor9 der Security and Visa Entry Reform Act of 2002 (8 

10 U.S.C. 1732) is amended— 

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

12 it appears and inserting ‘‘Secretary of Homeland Se13 curity’’; 

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

15 EXIT DOCUMENTS’’ and inserting ‘‘TRAVEL AND

16 ENTRY DOCUMENTS AND EVIDENCE OF STA17 TUS’’; 

18 (3) in subsection (b)(1)— 

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

20 26, 2004, the’’ and inserting ‘‘The’’; and 

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

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

23 and’’; 

24 (4) by redesignating subsection (d) as sub25 section (e); and 


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1 (5) by inserting after subsection (c) the fol2 lowing: 

3 ‘‘(d) OTHER DOCUMENTS.—Not later than December 

4 31, 2008, every document, other than an interim docu5 ment, issued by the Secretary of Homeland Security which 

6 may be used as evidence of an alien’s authorization to 

7 travel shall be machine-readable and tamper-resistant, and 

8 shall incorporate a biometric identifier to allow the Sec9 retary of Homeland Security to verify electronically the 

10 identity and status of the alien.’’. 

11 SEC. 135. BIOMETRIC ENTRY-EXIT SYSTEM. 

12 (a) COLLECTION OF BIOMETRIC DATA FROM ALIENS

13 DEPARTING THE UNITED STATES.—Section 215 (8 

14 U.S.C. 1185) is amended— 

15 (1) by redesignating subsection (c) as sub16 section (g); 

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

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

19 (3) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) The Secretary of Homeland Security is author22 ized to require aliens departing the United States to pro23 vide biometric data and other information relating to their 

24 immigration status.’’. 


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1 (b) INSPECTION OF APPLICANTS FOR ADMISSION.— 

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

3 at the end the following: 

4 ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC

5 DATA.—In conducting inspections under subsection 

6 (b), immigration officers are authorized to collect bi7 ometric data from— 

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

9 seeking to transit through the United States; or 

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

11 entering the United States and who is not re12 garded as seeking admission pursuant to sec13 tion 101(a)(13)(C).’’. 

14 (c) COLLECTION OF BIOMETRIC DATA FROM ALIEN

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

16 adding at the end the following: 

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

18 biometric data from an alien crewman seeking permission 

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

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

21 U.S.C. 1182) is amended— 

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

23 the following: 

24 ‘‘(C) WITHHOLDERS OF BIOMETRIC

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1 ply with a lawful request for biometric data 

2 under section 215(c) or 235(d) is inadmis3 sible.’’; and 

4 (2) in subsection (d), by inserting after para5 graph (1) the following: 

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

7 determine whether a ground for inadmissibility ex8 ists with respect to an alien described in subpara9 graph (C) of subsection (a)(7) and may waive the 

10 application of such subparagraph for an individual 

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

12 Secretary.’’. 

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

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

15 1365b) is amended— 

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

17 following: 

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

19 the automated biometric entry and exit data system 

20 under this section, the Secretary is not required to 

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

22 United States Code (commonly referred to as the 

23 Administrative Procedure Act) or any other law re24 lating to rulemaking, information collection, or pub25 lication in the Federal Register.’’; and 


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1 (2) in subsection (l)— 

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

3 and inserting the following: 

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

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

6 ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER

7 PORTS OF ENTRY.—There are authorized to be ap8 propriated such sums as may be necessary for each 

9 of fiscal years 2008 and 2009 to implement the 

10 automated biometric entry and exit data system at 

11 all land border ports of entry.’’. 

12 SEC. 136. EVASION OF INSPECTION OR VIOLATION OF AR13 RIVAL, REPORTING, ENTRY, OR CLEARANCE 

14 REQUIREMENTS. 

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

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 556. Evasion of inspection or violation of arrival, 

19 reporting, entry, or clearance require20 ments 

21 ‘‘(a) PROHIBITION.—A person at a port of entry or 

22 customs or immigration checkpoint shall be punished as 

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

24 elude or eludes customs, immigration, or agriculture in25 spection or fails to stop at the command of an officer or 


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1 employee of the United States charged with enforcing the 

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

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

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

5 described in subsection (a) shall be— 

6 ‘‘(1) fined under this title; 

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

8 or both; 

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

10 both, if in commission of this violation, such person 

11 attempts to inflict or inflicts bodily injury (as de12 fined in section 1365(h) of this title); or 

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

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

15 to death; or 

16 ‘‘(3) both fined and imprisoned under this sub17 section. 

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

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

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

21 the conspiracy, each shall be punishable as a principal, ex22 cept that the sentence of death may not be imposed. 

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

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

25 use of a vehicle or other conveyance in the commission 


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

2 the lawful authority or command of any officer or em3 ployee of the United States under section 111(b) of this 

4 title, such conduct shall constitute prima facie evidence of 

5 smuggling aliens or merchandise.’’. 

6 (b) CONFORMING AMENDMENT.—The table of sec7 tions for chapter 27 of title 18, United States Code, is 

8 amended by inserting at the end: 

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

clearance requirements.’’. 

9 (c) FAILURE TO OBEY BORDER ENFORCEMENT OF10 FICERS.—Section 111 of title 18, United States Code, is 

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

12 ‘‘(c) FAILURE TO OBEY LAWFUL ORDERS OF BOR13 DER ENFORCEMENT OFFICERS.—Whoever willfully dis14 regards or disobeys the lawful authority or command of 

15 any officer or employee of the United States charged with 

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

17 United States while engaged in, or on account of, the per18 formance of official duties shall be fined under this title 

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

20 (d) TECHNICAL AMENDMENTS.— 

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

22 United States Code, is amended by redesignating the 

23 section 554 added by section 551(a) of the Depart24 ment of Homeland Security Appropriations Act, 


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1 2007 (Public Law 109–295; 120 Stat. 1389) (relat2 ing to border tunnels and passages) as section 555. 

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

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

5 amended— 

6 (A) by striking the following: 

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

7 (B) inserting the following: 

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

8 (3) CRIMINAL FORFEITURE.—Section 

9 982(a)(6)(A) of title 18, United States Code, is 

10 amended by striking ‘‘554’’ and inserting ‘‘555’’. 

11 (4) DIRECTIVE TO THE UNITED STATES SEN12 TENCING COMMISSION.—Section 551(d) of the De13 partment of Homeland Security Appropriations Act, 

14 2007 (Public Law 109–295; 120 Stat. 1390) is 

15 amended in paragraphs (1) and (2)(A) by striking 

16 ‘‘554’’ and inserting ‘‘555’’. 

17 Subtitle E—Law Enforcement 

18 Relief for States 

19 SEC. 141. BORDER RELIEF GRANT PROGRAM. 

20 (a) GRANTS AUTHORIZED.— 

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

22 to award grants, subject to the availability of appro23 priations, to an eligible law enforcement agency to 

24 provide assistance to such agency to address— 


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1 (A) criminal activity that occurs in the ju2 risdiction of such agency by virtue of such 

3 agency’s proximity to the United States border; 

4 and 

5 (B) the impact of any lack of security 

6 along the United States border. 

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

8 this subsection during fiscal years 2008 through 

9 2012. 

10 (3) COMPETITIVE BASIS.—The Secretary shall 

11 award grants under this subsection on a competitive 

12 basis, except that the Secretary shall give priority to 

13 applications from any eligible law enforcement agen14 cy serving a community with a population of less 

15 than 50,000. 

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

17 subsection (a) may only be used to provide additional re18 sources for an eligible law enforcement agency to address 

19 criminal activity occurring along any such border, includ20 ing— 

21 (1) to obtain equipment; 

22 (2) to hire additional personnel; 

23 (3) to upgrade and maintain law enforcement 

24 technology; 


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1 (4) to cover operational costs, including over2 time and transportation costs; and 

3 (5) such other resources as are available to as4 sist that agency. 

5 (c) APPLICATION.— 

6 (1) IN GENERAL.—Each eligible law enforce7 ment agency seeking a grant under this section shall 

8 submit an application to the Secretary at such time, 

9 in such manner, and accompanied by such informa10 tion as the Secretary may reasonably require. 

11 (2) CONTENTS.—Each application submitted 

12 pursuant to paragraph (1) shall— 

13 (A) describe the activities for which assist14 ance under this section is sought; and 

15 (B) provide such additional assurances as 

16 the Secretary determines to be essential to en17 sure compliance with the requirements of this 

18 section. 

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

20 (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— 

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

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

23 (A) located in a county that is not more 

24 than 100 miles from a United States border 

25 with— 


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1 (i) Canada; or 

2 (ii) Mexico; or 

3 (B) located in a county more than 100 

4 miles from any such border, but where such 

5 county has been certified by the Secretary as a 

6 High Impact Area. 

7 (2) HIGH IMPACT AREA.—The term ‘‘High Im8 pact Area’’ means any county designated by the Sec9 retary as such, taking into consideration— 

10 (A) whether local law enforcement agencies 

11 in that county have the resources to protect the 

12 lives, property, safety, or welfare of the resi13 dents of that county; 

14 (B) the relationship between any lack of 

15 security along the United States border and the 

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

17 and 

18 (C) any other unique challenges that local 

19 law enforcement face due to a lack of security 

20 along the United States border. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

24 2008 through 2012 to carry out the provisions of 

25 this section. 


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

2 amounts authorized under paragraph (1)— 

(A) 2 3 ⁄3 shall be set aside for eligible law en4 forcement agencies located in the 6 States with 

5 the largest number of undocumented alien ap6 prehensions; and 

(B) 1 7 ⁄3 shall be set aside for areas des8 ignated as a High Impact Area under sub9 section (d). 

10 (f) SUPPLEMENT NOT SUPPLANT.—Amounts appro11 priated for grants under this section shall be used to sup12 plement and not supplant other State and local public 

13 funds obligated for the purposes provided under this title. 

14 (g) ENFORCEMENT OF FEDERAL IMMIGRATION

15 LAW.—Nothing in this section shall be construed to au16 thorize State or local law enforcement agencies or their 

17 officers to exercise Federal immigration law enforcement 

18 authority. 

19 SEC. 142. NORTHERN AND SOUTHERN BORDER PROSECU20 TION INITIATIVE. 

21 (a) REIMBURSEMENT TO STATE AND LOCAL PROS22 ECUTORS FOR PROSECUTING FEDERALLY INITIATED

23 DRUG CASES.—The Attorney General shall, subject to the 

24 availability of appropriations, reimburse State and county 

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1 ern border of the United States for prosecuting federally 

2 initiated and referred drug cases. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated $50,000,000 for each 

5 of the fiscal years 2008 through 2013 to carry out sub6 section (a). 

7 Subtitle F—Rapid Response 

8 Measures 

9 SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS. 

10 (a) EMERGENCY DEPLOYMENT OF BORDER PATROL

11 AGENTS.— 

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

13 on an international border of the United States de14 clares an international border security emergency 

15 and requests additional agents of the Border Patrol 

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

17 Secretary, the Secretary, subject to paragraphs (2) 

18 and (3), may provide the State with not more than 

19 1,000 additional agents for the purpose of patrolling 

20 and defending the international border, in order to 

21 prevent individuals from crossing the international 

22 border into the United States at any location other 

23 than an authorized port of entry. 

24 (2) CONSULTATION.—Upon receiving a request 

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


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1 consultation with the President, shall grant such re2 quest to the extent that providing such agents will 

3 not significantly impair the Department’s ability to 

4 provide border security for any other State. 

5 (3) COLLECTIVE BARGAINING.—Emergency de6 ployments under this subsection shall be made in ac7 cordance with all applicable collective bargaining 

8 agreements and obligations. 

9 (b) ELIMINATION OF FIXED DEPLOYMENT OF BOR10 DER PATROL AGENTS.—The Secretary shall ensure that 

11 agents are not precluded from performing patrol duties 

12 and apprehending violators of law, except in unusual cir13 cumstances if the temporary use of fixed deployment posi14 tions is necessary. 

15 SEC. 152. BORDER PATROL MAJOR ASSETS. 

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

17 Border Patrol shall have complete and exclusive adminis18 trative and operational control over all the assets utilized 

19 in carrying out its mission, including aircraft, watercraft, 

20 vehicles, detention space, transportation, and all of the 

21 personnel associated with such assets. 

22 (b) HELICOPTERS AND POWER BOATS.— 

23 (1) HELICOPTERS.—The Secretary shall in24 crease, by not less than 100, the number of heli25 copters under the control of the Border Patrol. The 


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1 Secretary shall ensure that appropriate types of heli2 copters are procured for the various missions being 

3 performed. 

4 (2) POWER BOATS.—The Secretary shall in5 crease, by not less than 250, the number of power 

6 boats under the control of the Border Patrol. The 

7 Secretary shall ensure that the types of power boats 

8 that are procured are appropriate for both the wa9 terways in which they are used and the mission re10 quirements. 

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

12 (A) establish an overall policy on how the 

13 helicopters and power boats procured under this 

14 subsection will be used; and 

15 (B) implement training programs for the 

16 agents who use such assets, including safe oper17 ating procedures and rescue operations. 

18 (c) MOTOR VEHICLES.— 

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

20 fleet of motor vehicles appropriate for use by the 

21 Border Patrol that will permit a ratio of not less 

22 than 1 police-type vehicle for every 3 agents. These 

23 police-type vehicles shall be replaced not less often 

24 than once every 3 years. The Secretary shall ensure 

25 that there are sufficient numbers and types of other 


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1 motor vehicles to support the mission of the Border 

2 Patrol. 

3 (2) FEATURES.—All motor vehicles purchased 

4 for the Border Patrol shall— 

5 (A) be appropriate for the mission of the 

6 Border Patrol; and 

7 (B) have a panic button and a global posi8 tioning system device that is activated solely in 

9 emergency situations to track the location of 

10 agents in distress. 

11 SEC. 153. ELECTRONIC EQUIPMENT. 

12 (a) PORTABLE COMPUTERS.—The Secretary shall en13 sure that each police-type motor vehicle in the fleet of the 

14 Border Patrol is equipped with a portable computer with 

15 access to all necessary law enforcement databases and oth16 erwise suited to the unique operational requirements of 

17 the Border Patrol. 

18 (b) RADIO EQUIPMENT.—The Secretary shall aug19 ment the existing radio communications system so that all 

20 law enforcement personnel working in each area where 

21 Border Patrol operations are conducted have clear and 

22 encrypted 2-way radio communication capabilities at all 

23 times. Each portable communications device shall be 

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1 tem device that is activated solely in emergency situations 

2 to track the location of agents in distress. 

3 (c) HANDHELD GLOBAL POSITIONING SYSTEM DE4 VICES.—The Secretary shall ensure that each Border Pa5 trol agent is issued a state-of-the-art handheld global posi6 tioning system device for navigational purposes. 

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

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

9 vision equipment are procured and maintained to enable 

10 each Border Patrol agent working during the hours of 

11 darkness to be equipped with a portable night vision de12 vice. 

13 SEC. 154. PERSONAL EQUIPMENT. 

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

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

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

17 Each agent shall be permitted to select from among a vari18 ety of approved brands and styles. Agents shall be strongly 

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

20 whenever practicable. All body armor shall be replaced not 

21 less often than once every 5 years. 

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

23 agents are equipped with weapons that are reliable and 

24 effective to protect themselves, their fellow agents, and in25 nocent third parties from the threats posed by armed 


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1 criminals. The Secretary shall ensure that the policies of 

2 the Department authorize all agents to carry weapons that 

3 are suited to the potential threats that they face. 

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

5 agents are provided with all necessary uniform items, in6 cluding outerwear suited to the climate, footwear, belts, 

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

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

9 such agents as such items become worn or unserviceable 

10 or no longer fit properly. 

11 SEC. 155. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated to the Sec13 retary such sums as may be necessary for each of the fis14 cal years 2008 through 2012 to carry out this subtitle. 

15 Subtitle G—Border Infrastructure 

16 and Technology Modernization 

17 SEC. 161. DEFINITIONS. 

18 In this subtitle: 

19 (1) COMMISSIONER.—The term ‘‘Commis20 sioner’’ means the Commissioner of United States 

21 Customs and Border Protection. 

22 (2) NORTHERN BORDER.—The term ‘‘northern 

23 border’’ means the international border between the 

24 United States and Canada. 


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1 (3) SOUTHERN BORDER.—The term ‘‘southern 

2 border’’ means the international border between the 

3 United States and Mexico. 

4 SEC. 162. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT 

5 STUDY. 

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

7 January 31 of each year, the Administrator of General 

8 Services shall update the Port of Entry Infrastructure As9 sessment Study prepared by United States Customs and 

10 Border Protection in accordance with the matter relating 

11 to the ports of entry infrastructure assessment that is set 

12 out in the joint explanatory statement in the conference 

13 report accompanying H.R. 2490 of the 106th Congress, 

14 1st session (House of Representatives Rep. No. 106–319, 

15 on page 67) and submit such updated study to Congress. 

16 (b) CONSULTATION.—In preparing the updated stud17 ies required in subsection (a), the Administrator of Gen18 eral Services shall consult with the Director of the Office 

19 of Management and Budget, the Secretary, and the Com20 missioner. 

21 (c) CONTENT.—Each updated study required in sub22 section (a) shall— 

23 (1) identify port of entry infrastructure and 

24 technology improvement projects that would enhance 


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1 border security and facilitate the flow of legitimate 

2 commerce if implemented; 

3 (2) include the projects identified in the Na4 tional Land Border Security Plan required by sec5 tion 164; and 

6 (3) prioritize the projects described in para7 graphs (1) and (2) based on the ability of a project 

8 to— 

9 (A) fulfill immediate security requirements; 

10 and 

11 (B) facilitate trade across the borders of 

12 the United States. 

13 (d) PROJECT IMPLEMENTATION.—The Commissioner 

14 shall implement the infrastructure and technology im15 provement projects described in subsection (c) in the order 

16 of priority assigned to each project under paragraph (3) 

17 of such subsection. 

18 (e) DIVERGENCE FROM PRIORITIES.—The Commis19 sioner may diverge from the priority order if the Commis20 sioner determines that significantly changed cir21 cumstances, such as immediate security needs or changes 

22 in infrastructure in Mexico or Canada, compellingly alter 

23 the need for a project in the United States. 


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1 SEC. 163. NATIONAL LAND BORDER SECURITY PLAN. 

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

3 date of enactment of this Act, an annually thereafter, the 

4 Secretary, after consultation with representatives of Fed5 eral, State, and local law enforcement agencies and private 

6 entities that are involved in international trade across the 

7 northern border or the southern border, shall submit a 

8 National Land Border Security Plan to Congress. 

9 (b) VULNERABILITY ASSESSMENT.— 

10 (1) IN GENERAL.—The plan required in sub11 section (a) shall include a vulnerability assessment 

12 of each port of entry located on the northern border 

13 or the southern border. 

14 (2) PORT SECURITY COORDINATORS.—The Sec15 retary may establish 1 or more port security coordi16 nators at each port of entry located on the northern 

17 border or the southern border— 

18 (A) to assist in conducting a vulnerability 

19 assessment at such port; and 

20 (B) to provide other assistance with the 

21 preparation of the plan required in subsection 

22 (a). 

23 SEC. 164. EXPANSION OF COMMERCE SECURITY PRO24 GRAMS. 

25 (a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER26 RORISM.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Commis3 sioner, in consultation with the Secretary, shall de4 velop a plan to expand the programs of the Cus5 toms–Trade Partnership Against Terrorism estab6 lished pursuant to section 211 of the SAFE Port 

7 Act (6 U.S.C. 961), including adding additional per8 sonnel for such programs, along the northern border 

9 and southern border, including the following pro10 grams: 

11 (A) The Business Anti-Smuggling Coali12 tion. 

13 (B) The Carrier Initiative Program. 

14 (C) The Americas Counter Smuggling Ini15 tiative. 

16 (D) The Container Security Initiative es17 tablished pursuant to section 205 of the SAFE 

18 Port Act (6 U.S.C. 945). 

19 (E) The Free and Secure Trade Initiative. 

20 (F) Other industry partnership programs 

21 administered by the Commissioner. 

22 (2) SOUTHERN BORDER DEMONSTRATION PRO23 GRAM.—Not later than 180 days after the date of 

24 enactment of this Act, the Commissioner shall imple25 ment, on a demonstration basis, at least 1 Customs– 


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1 Trade Partnership Against Terrorism program, 

2 which has been successfully implemented along the 

3 northern border, along the southern border. 

4 (b) DEMONSTRATION PROGRAM.—Not later than 180 

5 days after the date of enactment of this Act, the Commis6 sioner shall establish a demonstration program to develop 

7 a cooperative trade security system to improve supply 

8 chain security. 

9 SEC. 165. PORT OF ENTRY TECHNOLOGY DEMONSTRATION 

10 PROGRAM. 

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

12 a technology demonstration program to— 

13 (1) test and evaluate new port of entry tech14 nologies; 

15 (2) refine port of entry technologies and oper16 ational concepts; and 

17 (3) train personnel under realistic conditions. 

18 (b) TECHNOLOGY AND FACILITIES.— 

19 (1) TECHNOLOGY TESTING.—Under the tech20 nology demonstration program, the Secretary shall 

21 test technologies that enhance port of entry oper22 ations, including operations related to— 

23 (A) inspections; 

24 (B) communications; 

25 (C) port tracking; 


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1 (D) identification of persons and cargo; 

2 (E) sensory devices; 

3 (F) personal detection; 

4 (G) decision support; and 

5 (H) the detection and identification of 

6 weapons of mass destruction. 

7 (2) DEVELOPMENT OF FACILITIES.—At a dem8 onstration site selected pursuant to subsection 

9 (c)(2), the Secretary shall develop facilities to pro10 vide appropriate training to law enforcement per11 sonnel who have responsibility for border security, 

12 including— 

13 (A) cross-training among agencies; 

14 (B) advanced law enforcement training; 

15 and 

16 (C) equipment orientation. 

17 (c) DEMONSTRATION SITES.— 

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

19 the demonstration program at not less than 3 sites 

20 and not more than 5 sites. 

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

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

23 demonstration site for the demonstration program 

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

25 space to conduct the demonstration program, has a 


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1 traffic volume low enough to easily incorporate new 

2 technologies without interrupting normal processing 

3 activity, and is able to efficiently carry out dem4 onstration and port of entry operations, at least 1 

5 port of entry selected as a demonstration site shall— 

6 (A) have been established not more than 

7 15 years before the date of enactment of this 

8 Act; 

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

10 the possibility of expansion to not less than 25 

11 adjacent acres; and 

12 (C) have serviced an average of not more 

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

14 year period ending on the date of enactment of 

15 this Act. 

16 (d) RELATIONSHIP WITH OTHER AGENCIES.—The 

17 Secretary shall permit personnel from an appropriate Fed18 eral or State agency to utilize a demonstration site de19 scribed in subsection (c) to test technologies that enhance 

20 port of entry operations, including technologies described 

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

22 (e) REPORT.— 

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

24 after the date of enactment of this Act, and annually 

25 thereafter, the Secretary shall submit to Congress a 


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1 report on the activities carried out at each dem2 onstration site under the technology demonstration 

3 program established under this section. 

4 (2) CONTENT.—The report submitted under 

5 paragraph (1) shall include an assessment by the 

6 Secretary of the feasibility of incorporating any dem7 onstrated technology for use throughout United 

8 States Customs and Border Protection. 

9 SEC. 166. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—In addition to any funds other11 wise available, there are authorized to be appropriated 

12 such sums as may be necessary for the fiscal years 2008 

13 through 2012 to carry out this subtitle. 

14 (b) INTERNATIONAL AGREEMENTS.—Amounts ap15 propriated pursuant to the authorization of appropriations 

16 in subsection (a) may be used for the implementation of 

17 projects described in the Declaration on Embracing Tech18 nology and Cooperation to Promote the Secure and Effi19 cient Flow of People and Commerce across our Shared 

20 Border between the United States and Mexico, agreed to 

21 March 22, 2002, Monterrey, Mexico or the Smart Border 

22 Declaration between the United States and Canada, 

23 agreed to December 12, 2001, Ottawa, Canada that are 

24 consistent with the provisions of this subtitle. 


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1 Subtitle H—Safe and Secure 

2 Detention 

3 SEC. 171. DEFINITIONS. 

4 In this subtitle: 

5 (1) ASYLUM SEEKER.—The term ‘‘asylum seek6 er’’ means an applicant for asylum under section 

7 208 of the Immigration and Nationality Act (8 

8 U.S.C. 1158) or for withholding of removal under 

9 section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)) 

10 or an alien who indicates an intention to apply for 

11 relief under either such section and does not include 

12 a person with respect to whom a final adjudication 

13 denying an application made under either such sec14 tion has been entered. 

15 (2) CREDIBLE FEAR OF PERSECUTION.—The 

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

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

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

19 1225(b)(1)(B)(v)). 

20 (3) DETAINEE.—The term ‘‘detainee’’ means 

21 an alien in the Department’s custody held in a de22 tention facility. 

23 (4) DETENTION FACILITY.—The term ‘‘deten24 tion facility’’ means any Federal facility in which an 

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1 come of a removal proceeding, or an alien detained 

2 pending the execution of a final order of removal, is 

3 detained for more than 72 hours, or any other facil4 ity in which such detention services are provided to 

5 the Federal Government by contract, and does not 

6 include detention at any port of entry in the United 

7 States. 

8 (5) REASONABLE FEAR OF PERSECUTION OR

9 TORTURE.—The term ‘‘reasonable fear of persecu10 tion or torture’’ has the meaning described in sec11 tion 208.31 of title 8, Code of Federal Regulations. 

12 (6) STANDARD.—The term ‘‘standard’’ means 

13 any policy, procedure, or other requirement. 

14 (7) VULNERABLE POPULATIONS.—The term 

15 ‘‘vulnerable populations’’ means classes of aliens 

16 subject to the Immigration and Nationality Act (8 

17 U.S.C. 1101 et seq.) who have special needs requir18 ing special consideration and treatment by virtue of 

19 their vulnerable characteristics, including experi20 ences of, or risk of, abuse, mistreatment, or other 

21 serious harms threatening their health or safety. 

22 Vulnerable populations include the following: 

23 (A) Asylum seekers. 

24 (B) Refugees admitted under section 207 

25 of the Immigration and Nationality Act (8 


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1 U.S.C. 1157) and individuals seeking such ad2 mission. 

3 (C) Aliens whose deportation is being with4 held under section 243(h) of the Immigration 

5 and Nationality Act (as in effect immediately 

6 before the effective date of section 307 of the 

7 Illegal Immigration Reform and Immigrant Re8 sponsibility Act of 1996 (Public Law 104–208; 

9 110 Stat. 3009–612)) or section 241(b)(3) of 

10 the Immigration and Nationality Act (8 U.S.C. 

11 1231(b)(3)). 

12 (D) Aliens granted or seeking protection 

13 under article 3 of the Convention Against Tor14 ture and other Cruel, Inhumane, or Degrading 

15 Treatment or Punishment, done at New York, 

16 December 10, 1994. 

17 (E) Applicants for relief and benefits 

18 under the Immigration and Nationality Act 

19 pursuant to the amendments made by the Traf20 ficking Victims Protection Act of 2000 (division 

21 A of Public Law 106–386; 114 Stat. 1464), in22 cluding applicants for nonimmigrant status 

23 under subparagraph (T) or (U) of section 

24 101(a)(15) of the Immigration and Nationality 

25 Act (8 U.S.C. 1101(a)(15)). 


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1 (F) Applicants for relief and benefits 

2 under the Immigration and Nationality Act 

3 pursuant to the amendments made by the Vio4 lence Against Women Act of 2000 (division B 

5 of Public Law 106–386; 114 Stat. 1491). 

6 (G) Unaccompanied alien children (as de7 fined by 462(g) of the Homeland Security Act 

8 of 2002 (6 U.S.C. 279(g)). 

9 SEC. 172. RECORDING SECONDARY INSPECTION INTER10 VIEWS. 

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

12 quality assurance procedures to ensure the accuracy and 

13 verifiability of signed or sworn statements taken by em14 ployees of the Department exercising expedited removal 

15 authority under section 235(b) of the Immigration and 

16 Nationality Act (8 U.S.C. 1225(b)). 

17 (b) FACTORS RELATING TO SWORN STATEMENTS.— 

18 Where practicable, as determined by the sole and 

19 unreviewable discretion of the Secretary, the quality assur20 ance procedures established pursuant to this section shall 

21 include taped interviews to ensure the accuracy and 

22 verifiability of signed or sworn statements taken by em23 ployees of the Department. 

24 (c) INTERPRETERS.—The Secretary shall ensure that 

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1 viewing officer does not speak a language understood by 

2 the alien and there is no other Federal, State, or local 

3 government employee available who is able to interpret ef4 fectively, accurately, and impartially. 

5 SEC. 173. PROCEDURES GOVERNING DETENTION DECI6 SIONS. 

7 Section 236 (8 U.S.C. 1226) is amended— 

8 (1) in subsection (a)— 

9 (A) in the matter preceding paragraph 

10 (1)— 

11 (i) in the first sentence by striking 

12 ‘‘Attorney General’’ and inserting ‘‘Sec13 retary of Homeland Security’’; 

14 (ii) by striking ‘‘(c)’’ and inserting 

15 ‘‘(d)’’; and 

16 (iii) in the second sentence by striking 

17 ‘‘Attorney General’’ and inserting ‘‘Sec18 retary’’; 

19 (B) in paragraph (2)— 

20 (i) in subparagraph (A)— 

21 (I) by striking ‘‘Attorney Gen22 eral’’ and inserting ‘‘Secretary’’; and 

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

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

25 ‘‘but’’ at the end; and 


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1 (iii) by inserting after subparagraph 

2 (B) the following: 

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

4 ‘‘(D) a secure alternatives program as pro5 vided for in this section; but’’; 

6 (2) by redesignating subsections (b), (c), (d), 

7 and (e) as subsections (d), (e), (f), and (h), respec8 tively; 

9 (3) by inserting after subsection (a) the fol10 lowing new subsections: 

11 ‘‘(b) CUSTODY DECISIONS.— 

12 ‘‘(1) IN GENERAL.—In the case of a decision 

13 under subsection (a) or (d), the following shall 

14 apply: 

15 ‘‘(A) The decision shall be made in writing 

16 and shall be served upon the alien. A decision 

17 to continue detention without bond or parole 

18 shall specify in writing the reasons for that de19 cision. 

20 ‘‘(B) The decision shall be served upon the 

21 alien within 72 hours of the alien’s detention 

22 or, in the case of an alien subject to section 235 

23 or 241(a)(5) who must establish a credible fear 

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1 tion court, within 72 hours of a positive credible 

2 fear of persecution or reasonable fear of perse3 cution or torture determination. 

4 ‘‘(2) CRITERIA TO BE CONSIDERED.—The cri5 teria to be considered by the Secretary and the At6 torney General in making a custody decision shall 

7 include— 

8 ‘‘(A) whether the alien poses a risk to pub9 lic safety or national security; 

10 ‘‘(B) whether the alien is likely to appear 

11 for immigration proceedings; and 

12 ‘‘(C) any other relevant factors. 

13 ‘‘(3) CUSTODY REDETERMINATION.—An alien 

14 subject to this section may at any time after being 

15 served with the Secretary’s decision under sub16 sections (a) or (d) request a redetermination of that 

17 decision by an immigration judge. All decisions by 

18 the Secretary to detain without bond or parole shall 

19 be subject to redetermination by an immigration 

20 judge within 2 weeks from the time the alien was 

21 served with the decision, unless waived by the alien. 

22 The alien may request a further redetermination 

23 upon a showing of a material change in cir24 cumstances since the last redetermination hearing. 


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1 ‘‘(c) EXCEPTION FOR MANDATORY DETENTION.— 

2 Subsection (b) shall not apply to any alien who is subject 

3 to mandatory detention under section 

4 235(b)(1)(B)(iii)(IV), 236(c), or 236A or who has a final 

5 order of removal and has no proceedings pending before 

6 the Executive Office for Immigration Review.’’; 

7 (4) in subsection (d), as redesignated— 

8 (A) by striking ‘‘Attorney General’’ and in9 serting ‘‘Secretary’’; and 

10 (B) by striking ‘‘or parole’’ and inserting 

11 ‘‘, parole, or decision to release;’’; 

12 (5) in subsection (e), as redesignated— 

13 (A) by striking ‘‘Attorney General’’ and in14 serting ‘‘Secretary’’ each place it appears; and 

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

16 humanitarian reasons,’’ after ‘‘such an inves17 tigation,’’; 

18 (6) in subsection (f), as redesignated— 

19 (A) in the matter preceding paragraph (1), 

20 by striking ‘‘Attorney General’’ and inserting 

21 ‘‘Secretary’’; 

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

23 (A) and (B), by striking ‘‘Service’’ and insert24 ing ‘‘Department of Homeland Security’’; and 


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

2 and inserting ‘‘Secretary of Homeland Secu3 rity’’; 

4 (7) by inserting after subsection (f), as redesig5 nated, the following new subparagraph: 

6 ‘‘(g) ADMINISTRATIVE REVIEW.—If an immigration 

7 judge’s custody decision has been stayed by the action of 

8 an officer or employee of the Department of Homeland 

9 Security, the stay shall expire in 30 days, unless the Board 

10 of Immigration Appeals before that time, and upon mo11 tion, enters an order continuing the stay.’’; and 

12 (8) in subsection (h), as redesignated— 

13 (A) by striking ‘‘Attorney General’s’’ and 

14 inserting ‘‘Secretary of Homeland Security’s’’; 

15 and 

16 (B) by striking ‘‘Attorney General’’ and in17 serting ‘‘Secretary’’. 

18 SEC. 174. LEGAL ORIENTATION PROGRAM. 

19 (a) IN GENERAL.—The Attorney General, in con20 sultation with the Secretary, shall ensure that all detained 

21 aliens in immigration and asylum proceedings receive legal 

22 orientation through a program administered and imple23 mented by the Executive Office for Immigration Review 

24 of the Department of Justice. 


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

2 program developed pursuant to this section shall be based 

3 on the Legal Orientation Program carried out by the Ex4 ecutive Office for Immigration Review on the date of the 

5 enactment of this Act. 

6 (c) EXPANSION OF LEGAL ASSISTANCE.—The Sec7 retary shall ensure the expansion through the United 

8 States Citizenship and Immigration Service of public-pri9 vate partnerships that facilitate pro bono counseling and 

10 legal assistance for asylum seekers awaiting a credible fear 

11 of persecution interview. The pro bono counseling and 

12 legal assistance programs developed pursuant to this sub13 section shall be based on the pilot program developed in 

14 Arlington, Virginia by the United States Citizenship and 

15 Immigration Service. 

16 SEC. 175. CONDITIONS OF DETENTION. 

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

18 standards governing conditions and procedures at deten19 tion facilities are fully implemented and enforced, and that 

20 all detention facilities comply with the standards. 

21 (b) PROCEDURES AND STANDARDS.—The Secretary 

22 shall promulgate new standards, or modify existing deten23 tion standards, to improve conditions in detention facili24 ties. The improvements shall address at a minimum the 

25 following policies and procedures: 


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1 (1) FAIR AND HUMANE TREATMENT.—Proce2 dures to ensure that detainees are not subject to de3 grading or inhumane treatment such as verbal or 

4 physical abuse or harassment, sexual abuse or har5 assment, or arbitrary punishment. 

6 (2) LIMITATIONS ON SHACKLING.—Procedures 

7 limiting the use of shackling, handcuffing, solitary 

8 confinement, and strip searches of detainees to situ9 ations where the use of such techniques is neces10 sitated by security interests or other extraordinary 

11 circumstances. 

12 (3) INVESTIGATION OF GRIEVANCES.—Proce13 dures for the prompt and effective investigation of 

14 grievances raised by detainees, including review of 

15 grievances by officials of the Department who do not 

16 work at the same detention facility where the de17 tainee filing the grievance is detained. 

18 (4) ACCESS TO TELEPHONES.—Procedures per19 mitting detainees sufficient access to telephones, and 

20 the ability to contact, free of charge, legal represent21 atives, the immigration courts, the Board of Immi22 gration Appeals, and the Federal courts through 

23 confidential toll-free numbers. 

24 (5) LOCATION OF FACILITIES.—Location of de25 tention facilities, to the extent practicable, near 


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1 sources of free or low-cost legal representation with 

2 expertise in asylum or immigration law. 

3 (6) PROCEDURES GOVERNING TRANSFERS OF

4 DETAINEES.—Procedures governing the transfer of a 

5 detainee that take into account— 

6 (A) the detainee’s access to legal rep7 resentatives; and 

8 (B) the proximity of the facility to the 

9 venue of the asylum or removal proceeding. 

10 (7) QUALITY OF MEDICAL CARE.—Prompt and 

11 adequate medical care provided at no cost to the de12 tainee, including dental care, eye care, mental health 

13 care, individual and group counseling, medical die14 tary needs, and other medically necessary specialized 

15 care. Medical facilities in all detention facilities used 

16 by the Department shall maintain current accredita17 tion by the National Commission on Correctional 

18 Health Care (NCCHC). Requirements that each 

19 medical facility that is not accredited by the Joint 

20 Commission on the Accreditation of Health Care Or21 ganizations (JCAHO) will seek to obtain such ac22 creditation. Maintenance of complete medical records 

23 for every detainee which shall be made available 

24 upon request to a detainee, his legal representative, 

25 or other authorized individuals. 


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1 (8) TRANSLATION CAPABILITIES.—The employ2 ment of detention facility staff that, to the extent 

3 practicable, are qualified in the languages rep4 resented in the population of detainees at a deten5 tion facility, and the provision of alternative trans6 lation services when necessary. 

7 (9) RECREATIONAL PROGRAMS AND ACTIVI8 TIES.—Daily access to indoor and outdoor rec9 reational programs and activities. 

10 (c) SPECIAL STANDARDS FOR NONCRIMINAL DE11 TAINEES.—The Secretary shall promulgate new stand12 ards, or modifications to existing standards, that— 

13 (1) recognize the special characteristics of non14 criminal, nonviolent detainees, and ensure that pro15 cedures and conditions of detention are appropriate 

16 for a noncriminal population; and 

17 (2) ensure that noncriminal detainees are sepa18 rated from inmates with criminal convictions, pre19 trial inmates facing criminal prosecution, and those 

20 inmates exhibiting violent behavior while in deten21 tion. 

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


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1 (1) recognize the unique needs of asylum seek2 ers, victims of torture and trafficking, families with 

3 children, detainees who do not speak English, de4 tainees with special religious, cultural or spiritual 

5 considerations, and other vulnerable populations; 

6 and 

7 (2) ensure that procedures and conditions of 

8 detention are appropriate for the populations listed 

9 in this subsection. 

10 (e) TRAINING OF PERSONNEL.— 

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

12 that personnel in detention facilities are given spe13 cialized training to better understand and work with 

14 the population of detainees held at the facilities 

15 where such personnel work. The training should ad16 dress the unique needs of— 

17 (A) asylum seekers; 

18 (B) victims of torture or other trauma; and 

19 (C) other vulnerable populations. 

20 (2) SPECIALIZED TRAINING.—The training re21 quired by this subsection shall be designed to better 

22 enable personnel to work with detainees from dif23 ferent countries, and detainees who cannot speak 

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1 tainees have no criminal records and are being held 

2 for civil violations. 

3 SEC. 176. OFFICE OF DETENTION OVERSIGHT. 

4 (a) ESTABLISHMENT OF THE OFFICE.— 

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

6 within the Department an Office of Detention Over7 sight (in this section referred to as the ‘‘Office’’). 

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

9 the head of the Office an Administrator who shall be 

10 appointed by, and shall report to, the Secretary. 

11 (3) SCHEDULE.—The Office shall be estab12 lished and the Administrator of the Office appointed 

13 not later than 6 months after the date of enactment 

14 of this Act. 

15 (b) RESPONSIBILITIES OF THE OFFICE.— 

16 (1) INSPECTIONS OF DETENTION CENTERS.— 

17 The Administrator of the Office shall— 

18 (A) undertake frequent and unannounced 

19 inspections of all detention facilities; 

20 (B) develop a procedure for any detainee 

21 or the detainee’s representative to file a written 

22 complaint directly with the Office; and 

23 (C) report to the Secretary and to the As24 sistant Secretary of Homeland Security for 

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1 forcement all findings of a detention facility’s 

2 noncompliance with detention standards. 

3 (2) INVESTIGATIONS.—The Administrator of 

4 the Office shall— 

5 (A) initiate investigations, as appropriate, 

6 into allegations of systemic problems at deten7 tion facilities or incidents that constitute seri8 ous violations of detention standards; 

9 (B) report to the Secretary and the Assist10 ant Secretary of Homeland Security for United 

11 States Immigration and Customs Enforcement 

12 the results of all investigations; and 

13 (C) refer matters, where appropriate, for 

14 further action to— 

15 (i) the Department of Justice; 

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

18 (iii) the Office of Civil Rights and 

19 Civil Liberties of the Department; or 

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

22 (3) REPORT TO CONGRESS.— 

23 (A) IN GENERAL.—The Administrator of 

24 the Office shall submit to the Secretary, the 

25 Committee on the Judiciary and the Committee 


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1 on Homeland Security and Governmental Af2 fairs of the Senate, and the Committee on the 

3 Judiciary and the Committee on Homeland Se4 curity of the House of Representatives an an5 nual report on the Administrator’s findings on 

6 detention conditions and the results of the in7 vestigations carried out by the Administrator. 

8 (B) CONTENTS OF REPORT.—Each report 

9 required by subparagraph (A) shall include— 

10 (i) a description of the actions to rem11 edy findings of noncompliance or other 

12 problems that are taken by the Secretary 

13 or the Assistant Secretary of Homeland 

14 Security for United States Immigration 

15 and Customs Enforcement, and each de16 tention facility found to be in noncompli17 ance; and 

18 (ii) information regarding whether 

19 such actions were successful and resulted 

20 in compliance with detention standards. 

21 (4) REVIEW OF COMPLAINTS BY DETAINEES.— 

22 The Administrator of the Office shall establish pro23 cedures to receive and review complaints of viola24 tions of the detention standards promulgated by the 

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1 ity of the claimant, including detainees, employees, 

2 or others, from retaliation. 

3 (c) COOPERATION WITH OTHER OFFICES AND

4 AGENCIES.—Whenever appropriate, the Administrator of 

5 the Office shall cooperate and coordinate its activities 

6 with— 

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

8 Department; 

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

10 of the Department; 

11 (3) the Privacy Officer of the Department; 

12 (4) the Civil Rights Division of the Department 

13 of Justice; or 

14 (5) any other relevant office or agency. 

15 SEC. 177. SECURE ALTERNATIVES PROGRAM. 

16 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

17 shall establish a secure alternatives program under which 

18 an alien who has been detained may be released under en19 hanced supervision to prevent the alien from absconding 

20 and to ensure that the alien makes appearances related 

21 to such detention. 

22 (b) PROGRAM REQUIREMENTS.— 

23 (1) NATIONWIDE IMPLEMENTATION.—The Sec24 retary shall facilitate the development of the secure 

25 alternatives program on a nationwide basis, as a 


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1 continuation of existing pilot programs such as the 

2 Intensive Supervision Appearance Program (ISAP) 

3 developed by the Department. 

4 (2) UTILIZATION OF ALTERNATIVES.—The se5 cure alternatives program shall utilize a continuum 

6 of alternatives based on the alien’s need for super7 vision, including placement of the alien with an indi8 vidual or organizational sponsor, or in a supervised 

9 group home. 

10 (3) ALIENS ELIGIBLE FOR SECURE ALTER11 NATIVES PROGRAM.— 

12 (A) IN GENERAL.—Aliens who would oth13 erwise be subject to detention based on a con14 sideration of the release criteria in section 

15 236(b)(2), or who are released pursuant to sec16 tion 236(e)(2), shall be considered for the se17 cure alternatives program. 

18 (B) DESIGN OF PROGRAMS.—Secure alter19 natives programs shall be designed to ensure 

20 sufficient supervision of the population de21 scribed in subparagraph (A). 

22 (4) CONTRACTS.—The Secretary shall enter 

23 into contracts with qualified nongovernmental enti24 ties to implement the secure alternatives program. 


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1 (5) OTHER CONSIDERATIONS.—In designing 

2 such program, the Secretary shall— 

3 (A) consult with relevant experts; and 

4 (B) consider programs that have proven 

5 successful in the past, including the Appearance 

6 Assistance Program developed by the Vera In7 stitute and the Intensive Supervision Appear8 ance Program (ISAP) developed by the Depart9 ment. 

10 SEC. 178. LESS RESTRICTIVE DETENTION FACILITIES. 

11 (a) CONSTRUCTION.—The Secretary shall facilitate 

12 the construction or use of secure but less restrictive deten13 tion facilities. 

14 (b) CRITERIA.—In developing detention facilities pur15 suant to this section, the Secretary shall— 

16 (1) consider the design, operation, and condi17 tions of existing secure but less restrictive detention 

18 facilities, such as the Department’s detention facili19 ties in Broward County, Florida, and Berks County, 

20 Pennsylvania; 

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

22 detention facilities where— 

23 (A) movement within and between indoor 

24 and outdoor areas of the facility is subject to 

25 minimal restrictions; 


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1 (B) detainees have ready access to social, 

2 psychological, and medical services; 

3 (C) detainees with special needs, including 

4 those who have experienced trauma or torture, 

5 have ready access to services and treatment ad6 dressing their needs; 

7 (D) detainees have ready access to mean8 ingful programmatic and recreational activities; 

9 (E) detainees are permitted contact visits 

10 with legal representatives, family members, and 

11 others; 

12 (F) detainees have access to private toilet 

13 and shower facilities; 

14 (G) prison-style uniforms or jumpsuits are 

15 not required; and 

16 (H) special facilities are provided to fami17 lies with children. 

18 (c) FACILITIES FOR FAMILIES WITH CHILDREN.— 

19 For situations where release or secure alternatives pro20 grams are not an option, the Secretary shall ensure that 

21 special detention facilities are specifically designed to 

22 house parents with their minor children, including ensur23 ing that— 

24 (1) procedures and conditions of detention are 

25 appropriate for families with minor children; and 


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1 (2) living and sleeping quarters for parents and 

2 minor children are not physically separated. 

3 (d) PLACEMENT IN NONPUNITIVE FACILITIES.—Pri4 ority for placement in less restrictive facilities shall be 

5 given to asylum seekers, families with minor children, 

6 other vulnerable populations, and nonviolent criminal de7 tainees. 

8 (e) PROCEDURES AND STANDARDS.—Where nec9 essary, the Secretary shall promulgate new standards, or 

10 modify existing detention standards, to promote the devel11 opment of less restrictive detention facilities. 

12 SEC. 179. AUTHORIZATION OF APPROPRIATIONS; EFFEC13 TIVE DATE. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as are nec16 essary to carry out this subtitle. 

17 (b) EFFECTIVE DATE.—This subtitle and the amend18 ments made by this subtitle shall take effect on the date 

19 that is 6 months after the date of enactment of this Act. 

20 Subtitle I—Other Border Security 

21 Initiatives 

22 SEC. 181. COMBATING HUMAN SMUGGLING. 

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

24 develop and implement a plan to improve coordination 

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1 ment and United States Customs and Border Protection 

2 and any other Federal, State, local, or tribal authorities, 

3 as determined appropriate by the Secretary, to improve 

4 coordination efforts to combat human smuggling. 

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

6 subsection (a), the Secretary shall consider— 

7 (1) the interoperability of databases utilized to 

8 prevent human smuggling; 

9 (2) adequate and effective personnel training; 

10 (3) methods and programs to effectively target 

11 networks that engage in such smuggling; 

12 (4) effective utilization of— 

13 (A) visas for victims of trafficking and 

14 other crimes; and 

15 (B) investigatory techniques, equipment, 

16 and procedures that prevent, detect, and pros17 ecute international money laundering and other 

18 operations that are utilized in smuggling; 

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

20 to enhance intelligence sharing and cooperation with 

21 foreign governments whose citizens are preyed on by 

22 human smugglers; and 

23 (6) other measures that the Secretary considers 

24 appropriate to combat human smuggling. 


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1 (c) REPORT.—Not later than 1 year after imple2 menting the plan described in subsection (a), the Sec3 retary shall submit to Congress a report on such plan, in4 cluding any recommendations for legislative action to im5 prove efforts to combating human smuggling. 

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

7 may be construed to provide additional authority to any 

8 State or local entity to enforce Federal immigration laws. 

9 SEC. 182. SCREENING OF MUNICIPAL SOLID WASTE. 

10 (a) DEFINITIONS.—In this section: 

11 (1) COMMERCIAL MOTOR VEHICLE.—The term 

12 ‘‘commercial motor vehicle’’ has the meaning given 

13 the term in section 31101 of title 49, United States 

14 Code. 

15 (2) COMMISSIONER.—The term ‘‘Commis16 sioner’’ means the Commissioner of United States 

17 Customs and Border Protection. 

18 (3) MUNICIPAL SOLID WASTE.—The term ‘‘mu19 nicipal solid waste’’ includes sludge (as defined in 

20 section 1004 of the Solid Waste Disposal Act (42 

21 U.S.C. 6903)). 

22 (b) REPORT TO CONGRESS.—Not later than 90 days 

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

24 shall submit to Congress a report that— 


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1 (1) indicates whether the methodologies and 

2 technologies used by United States Customs and 

3 Border Protection to screen for and detect the pres4 ence of chemical, nuclear, biological, and radiological 

5 weapons in municipal solid waste are as effective as 

6 the methodologies and technologies used by United 

7 States Customs and Border Protection to screen for 

8 such weapons in other items of commerce entering 

9 the United States through commercial motor vehicle 

10 transport; and 

11 (2) if the report indicates that the methodolo12 gies and technologies used to screen municipal solid 

13 waste are less effective than the methodologies and 

14 technologies used to screen other items of commerce, 

15 identifies the actions that United States Customs 

16 and Border Protection will take to achieve the same 

17 level of effectiveness in the screening of municipal 

18 solid waste, including actions necessary to meet the 

19 need for additional screening technologies. 

20 (c) IMPACT ON COMMERCIAL MOTOR VEHICLES.—If 

21 the Commissioner fails to fully implement an action identi22 fied under subsection (b)(2) before the earlier of the date 

23 that is 180 days after the date on which the report under 

24 subsection (b) is required to be submitted or the date that 

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1 mitted, the Secretary shall deny entry into the United 

2 States of any commercial motor vehicle carrying municipal 

3 solid waste until the Secretary certifies to Congress that 

4 the methodologies and technologies used by United States 

5 Customs and Border Protection to screen for and detect 

6 the presence of chemical, nuclear, biological, and radio7 logical weapons in municipal solid waste are as effective 

8 as the methodologies and technologies used by United 

9 States Customs and Border Protection to screen for such 

10 weapons in other items of commerce entering into the 

11 United States through commercial motor vehicle trans12 port. 

13 SEC. 183. BORDER SECURITY ON CERTAIN FEDERAL LAND. 

14 (a) DEFINITIONS.—In this section: 

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

16 land’’ means land under the jurisdiction of the Sec17 retary concerned. 

18 (2) SECRETARY CONCERNED.—The term ‘‘Sec19 retary concerned’’ means— 

20 (A) with respect to land under the jurisdic21 tion of the Secretary of Agriculture, the Sec22 retary of Agriculture; and 

23 (B) with respect to land under the jurisdic24 tion of the Secretary of the Interior, the Sec25 retary of the Interior. 


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1 (b) SUPPORT FOR BORDER SECURITY NEEDS.— 

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

3 over the international land borders of the United 

4 States and to prevent the entry of terrorists, unlaw5 ful aliens, narcotics, and other contraband into the 

6 United States, the Secretary, in cooperation with the 

7 Secretary concerned, shall provide— 

8 (A) increased United States Customs and 

9 Border Protection personnel to secure protected 

10 land along the international land borders of the 

11 United States; 

12 (B) Federal land resource training for 

13 United States Customs and Border Protection 

14 agents dedicated to protected land; and 

15 (C) unmanned aerial vehicles, aerial assets, 

16 remote video surveillance camera systems, and 

17 sensors on protected land that is directly adja18 cent to the international land border of the 

19 United States, with priority given to units of 

20 the National Park System. 

21 (2) COORDINATION.—In providing training for 

22 United States Customs and Border Protection 

23 agents under paragraph (1)(B), the Secretary shall 

24 coordinate with the Secretary concerned to ensure 

25 that the training is appropriate to the mission of the 


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1 National Park Service, the United States Fish and 

2 Wildlife Service, the Forest Service, or the relevant 

3 agency of the Department of the Interior or the De4 partment of Agriculture to minimize the adverse im5 pact on natural and cultural resources from border 

6 protection activities. 

7 (c) INVENTORY OF COSTS AND ACTIVITIES.—The 

8 Secretary concerned shall develop and submit to the Sec9 retary an inventory of costs incurred by the Secretary con10 cerned relating to illegal border activity, including the cost 

11 of equipment, training, recurring maintenance, construc12 tion of facilities, restoration of natural and cultural re13 sources, recapitalization of facilities, and operations. 

14 (d) RECOMMENDATIONS.—The Secretary shall— 

15 (1) develop joint recommendations with the Na16 tional Park Service, the United States Fish and 

17 Wildlife Service, and the Forest Service for an ap18 propriate cost recovery mechanism relating to items 

19 identified in subsection (c); and 

20 (2) not later than March 31, 2008, submit to 

21 the Committee on the Judiciary and the Committee 

22 on Energy and Natural Resources of the Senate and 

23 the Committee on the Judiciary and the Committee 

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1 tives the recommendations developed under para2 graph (1). 

3 (e) BORDER PROTECTION STRATEGY.—The Sec4 retary, the Secretary of the Interior, and the Secretary 

5 of Agriculture shall jointly develop a border protection 

6 strategy that supports the border security needs of the 

7 United States in the manner that best protects— 

8 (1) units of the National Park System; 

9 (2) National Forest System land; 

10 (3) land under the jurisdiction of the United 

11 States Fish and Wildlife Service; and 

12 (4) other relevant land under the jurisdiction of 

13 the Secretary of the Interior or the Secretary of Ag14 riculture. 

15 TITLE II—INTERIOR 

16 ENFORCEMENT 

17 Subtitle A—Reducing the Number 

18 of Illegal Aliens in the United 

19 States 

20 SEC. 201. INCARCERATION OF CRIMINAL ALIENS. 

21 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

22 (1) CONTINUATION.—The Secretary shall con23 tinue to operate the Institutional Removal Program 

24 (referred to in this section as the ‘‘Program’’) or 

25 shall develop and implement another program to— 


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1 (A) identify removable criminal aliens in 

2 Federal and State correctional facilities; 

3 (B) ensure that such aliens are not re4 leased into the community; and 

5 (C) remove such aliens from the United 

6 States after the completion of their sentences, 

7 in accordance with section 241 of the Immigra8 tion and Nationality Act (8 U.S.C. 1231), as 

9 amended by section 231 of this Act. 

10 (2) EXPANSION.—The Secretary may extend 

11 the scope of the Program to all States. 

12 (b) TECHNOLOGY USAGE.—Technology, such as 

13 videoconferencing, shall be used to the maximum extent 

14 practicable to make the Program available in remote loca15 tions. Mobile access to Federal databases of aliens, such 

16 as the Automated Biometric Fingerprint Identification 

17 System (IDENT), and live scan technology shall be used 

18 to the maximum extent practicable to make these re19 sources available to State and local law enforcement agen20 cies in remote locations. 

21 (c) REPORT TO CONGRESS.—Not later than 6 

22 months after the date of enactment of this Act, and annu23 ally thereafter, the Secretary shall submit to Congress a 

24 report on the participation of States in the Program and 


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1 in any other program carried out pursuant to subsection 

2 (a). 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary in each of the fiscal years 2008 through 2012 

6 to carry out this section. 

7 SEC. 202. ENCOURAGING ALIENS TO DEPART VOLUN8 TARILY. 

9 (a) IN GENERAL.—Section 240B (8 U.S.C. 1229c) 

10 is amended— 

11 (1) in subsection (a)— 

12 (A) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) IN GENERAL.—If an alien is not removable 

15 under paragraph (2)(A)(iii) or (4) of section 

16 237(a)— 

17 ‘‘(A) the Secretary of Homeland Security 

18 may permit the alien to voluntarily depart the 

19 United States at the alien’s own expense under 

20 this subsection instead of being subject to pro21 ceedings under section 240; or 

22 ‘‘(B) the Attorney General may permit the 

23 alien to voluntarily depart the United States at 

24 the alien’s own expense under this subsection 

25 after the initiation of removal proceedings 


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1 under section 240 and before the conclusion of 

2 such proceedings before an immigration 

3 judge.’’; 

4 (B) in paragraph (2), by amending sub5 paragraph (A) to read as follows: 

6 ‘‘(A) IN GENERAL.— 

7 ‘‘(i) INSTEAD OF REMOVAL.—Subject 

8 to subparagraph (B), permission to volun9 tarily depart under paragraph (1)(A) shall 

10 not be valid for any period in excess of 120 

11 days. The Secretary may require an alien 

12 permitted to voluntarily depart under para13 graph (1)(A) to post a voluntary departure 

14 bond, to be surrendered upon proof that 

15 the alien has departed the United States 

16 within the time specified.’’; 

17 ‘‘(ii) BEFORE THE CONCLUSION OF

18 REMOVAL PROCEEDINGS.—Permission to 

19 voluntarily depart under paragraph (1)(B) 

20 shall not be valid for any period longer 

21 than 60 days, and may be granted only 

22 after a finding that the alien has the 

23 means to depart the United States and in24 tends to do so. An immigration judge may 

25 require an alien to voluntarily depart 


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1 under paragraph (1)(B) to post a vol2 untary departure bond, in an amount nec3 essary to ensure that the alien will depart, 

4 to be surrendered upon proof that the alien 

5 has departed the United States within the 

6 time specified. An immigration judge may 

7 waive the requirement to post a voluntary 

8 departure bond in individual cases upon a 

9 finding that the alien has presented com10 pelling evidence that the posting of a bond 

11 will pose a serious financial hardship and 

12 the alien has presented credible evidence 

13 that such a bond is unnecessary to guar14 antee timely departure.’’; and 

15 (C) by striking paragraph (3); 

16 (2) by amending subsection (c) to read as fol17 lows: 

18 ‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 

19 ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— 

20 Voluntary departure under this section may only be 

21 granted as part of an affirmative agreement by the 

22 alien. 

23 ‘‘(2) CONCESSIONS BY THE SECRETARY.—In 

24 connection with the alien’s agreement to depart vol25 untarily under paragraph (1)(A), the Secretary of 


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1 Homeland Security may agree to a reduction in the 

2 period of inadmissibility under subparagraph (A) or 

3 (B)(i) of section 212(a)(9). 

4 ‘‘(3) ADVISALS.—Agreements relating to vol5 untary departure granted during removal pro6 ceedings under section 240, or at the conclusion of 

7 such proceedings, shall be presented on the record 

8 before the immigration judge. The immigration 

9 judge shall advise the alien of the consequences of 

10 a voluntary departure agreement before accepting 

11 such agreement. 

12 ‘‘(4) FAILURE TO COMPLY WITH AGREE13 MENT.—If an alien agrees to voluntary departure 

14 under this section and fails to depart the United 

15 States within the time allowed for voluntary depar16 ture or fails to comply with any other terms of the 

17 agreement (including failure to timely post any re18 quired bond), the alien is— 

19 ‘‘(A) ineligible for the benefits of the 

20 agreement; 

21 ‘‘(B) subject to the penalties described in 

22 subsection (d); and 

23 ‘‘(C) subject to an alternate order of re24 moval if voluntary departure was granted under 

25 subsection (a)(1)(B) or (b). 


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1 ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF2 FECTED.—Except as expressly agreed to by the Sec3 retary in writing in the exercise of the Secretary’s 

4 discretion before the expiration of the period allowed 

5 for voluntary departure, no motion, appeal, applica6 tion, petition, or petition for review shall affect, rein7 state, enjoin, delay, stay, or toll the alien’s obligation 

8 to depart from the United States during the period 

9 agreed to by the alien and the Secretary.’’; and 

10 (3) by amending subsection (d) to read as fol11 lows: 

12 ‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 

13 alien is permitted to voluntarily depart under this section 

14 and fails to voluntarily depart from the United States 

15 within the time period specified or otherwise violates the 

16 terms of a voluntary departure agreement, the alien will 

17 be subject to the following penalties: 

18 ‘‘(1) CIVIL PENALTY.—The alien shall be liable 

19 for a civil penalty of $3,000. The order allowing vol20 untary departure shall specify the amount of the 

21 penalty, which shall be acknowledged by the alien on 

22 the record. If the Secretary thereafter establishes 

23 that the alien failed to depart voluntarily within the 

24 time allowed, no further procedure will be necessary 

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1 retary may collect the civil penalty at any time 

2 thereafter and by whatever means provided by law. 

3 An alien will be ineligible for any benefits under this 

4 chapter until this civil penalty is paid. 

5 ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien 

6 shall be ineligible during the time the alien remains 

7 in the United States and for a period of 10 years 

8 after the alien’s departure for any further relief 

9 under this section and sections 240A, 245, 248, and 

10 249. The order permitting the alien to depart volun11 tarily shall inform the alien of the penalties under 

12 this subsection.’’; and 

13 (4) by amending subsection (e) to read as fol14 lows: 

15 ‘‘(e) ELIGIBILITY.— 

16 ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR17 TURE.—An alien shall not be permitted to volun18 tarily depart under this section if the Secretary of 

19 Homeland Security or the Attorney General pre20 viously permitted the alien to depart voluntarily 

21 under this section on or after the date of the enact22 ment of the STRIVE Act of 2007. 

23 ‘‘(2) RULEMAKING.—The Secretary may pro24 mulgate regulations to limit eligibility or impose adVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 ditional conditions for voluntary departure under 

2 subsection (a)(1)(A) for any class of aliens.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply with respect to all orders granting 

5 voluntary departure under section 240B of the Immigra6 tion and Nationality Act (8 U.S.C. 1229c) made on or 

7 after the date that is 180 days after the date of enactment 

8 of this Act. 

9 SEC. 203. DETERRING ALIENS ORDERED REMOVED FROM 

10 REMAINING IN THE UNITED STATES UNLAW11 FULLY. 

12 Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is 

13 amended— 

14 (1) in clause (i), by striking ‘‘seeks admission 

15 within 5 years of the date of such removal (or within 

16 20 years’’ and inserting ‘‘seeks admission not later 

17 than 5 years after the date of the alien’s removal (or 

18 not later than 20 years after the alien’s removal’’; 

19 and 

20 (2) in clause (ii), by striking ‘‘seeks admission 

21 within 10 years of the date of such alien’s departure 

22 or removal (or within 20 years of’’ and inserting 

23 ‘‘seeks admission not later than 10 years after the 

24 date of the alien’s departure or removal (or not later 

25 than 20 years after’’. 


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1 SEC. 204. PROHIBITION OF THE SALE OF FIREARMS TO, OR 

2 THE POSSESSION OF FIREARMS BY CERTAIN 

3 ALIENS. 

4 Section 922 of title 18, United States Code, is 

5 amended— 

6 (1) in subsection (d)(5)— 

7 (A) in subparagraph (A), by striking ‘‘or’’ 

8 at the end; 

9 (B) in subparagraph (B), by striking 

10 ‘‘(y)(2)’’ and all that follows and inserting ‘‘(y), 

11 is in a nonimmigrant classification; or’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(C) has been paroled into the United 

14 States under section 212(d)(5) of the Immigra15 tion and Nationality Act (8 U.S.C. 

16 1182(d)(5));’’; 

17 (2) in subsection (g)(5)— 

18 (A) in subparagraph (A), by striking ‘‘or’’ 

19 at the end; 

20 (B) in subparagraph (B), by striking 

21 ‘‘(y)(2)’’ and all that follows and inserting ‘‘(y), 

22 is in a nonimmigrant classification; or’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(C) has been paroled into the United 

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1 tion and Nationality Act (8 U.S.C. 

2 1182(d)(5));’’; and 

3 (3) in subsection (y)— 

4 (A) in the heading, by striking ‘‘ADMITTED

5 UNDER NONIMMIGRANT VISAS’’ and inserting 

6 ‘‘IN A NONIMMIGRANT CLASSIFICATION’’; 

7 (B) in paragraph (1), by amending sub8 paragraph (B) to read as follows: 

9 ‘‘(B) the term ‘nonimmigrant classifica10 tion’ includes all classes of nonimmigrant aliens 

11 described in section 101(a)(15) of the Immigra12 tion and Nationality Act (8 U.S.C. 

13 1101(a)(15)), or otherwise described in the im14 migration laws (as defined in section 

15 101(a)(17) of such Act).’’; 

16 (C) in paragraph (2), by striking ‘‘has 

17 been lawfully admitted to the United States 

18 under a nonimmigrant visa’’ and inserting ‘‘is 

19 in a nonimmigrant classification’’; and 

20 (D) in paragraph (3)(A), by striking ‘‘Any 

21 individual who has been admitted to the United 

22 States under a nonimmigrant visa may receive 

23 a waiver from the requirements of subsection 

24 (g)(5)’’ and inserting ‘‘Any alien in a nonVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 immigrant classification may receive a waiver 

2 from the requirements of subsection (g)(5)(B)’’. 

3 SEC. 205. UNIFORM STATUTE OF LIMITATIONS FOR CER4 TAIN IMMIGRATION, NATURALIZATION, AND 

5 PEONAGE OFFENSES. 

6 (a) IN GENERAL.—Section 3291 of title 18, United 

7 States Code, is amended to read as follows: 

8 ‘‘§ 3291. Immigration, naturalization, and peonage of9 fenses 

10 ‘‘No person shall be prosecuted, tried, or punished 

11 for a violation of any section of chapters 69 (relating to 

12 nationality and citizenship offenses), 75 (relating to pass13 port, visa, and immigration offenses), or 77 (relating to 

14 peonage, slavery, and trafficking in persons), for an at15 tempt or conspiracy to violate any such section, for a viola16 tion of any criminal provision under section 243, 266, 274, 

17 275, 276, 277, or 278 of the Immigration and Nationality 

18 Act (8 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 

19 1328), or for an attempt or conspiracy to violate any such 

20 section, unless the indictment is returned or the informa21 tion filed not later than 10 years after the commission 

22 of the offense.’’. 

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

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1 ed by striking the item relating to section 3291 and insert2 ing the following: 

‘‘3291. Immigration, naturalization, and peonage offenses.’’. 

3 SEC. 206. EXPEDITED REMOVAL. 

4 (a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 

5 amended— 

6 (1) by striking the section heading and insert7 ing ‘‘EXPEDITED REMOVAL OF CRIMINAL

8 ALIENS’’; 

9 (2) in subsection (a), by striking the subsection 

10 heading and inserting: ‘‘EXPEDITED REMOVAL

11 FROM CORRECTIONAL FACILITIES.—’’; 

12 (3) in subsection (b), by striking the subsection 

13 heading and inserting: ‘‘REMOVAL OF CRIMINAL

14 ALIENS.—’’; 

15 (4) in subsection (b), by striking paragraphs 

16 (1) and (2) and inserting the following: 

17 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

18 Security may, in the case of an alien described in 

19 paragraph (2), determine the deportability of such 

20 alien and issue an order of removal pursuant to the 

21 procedures set forth in this subsection or section 

22 240. 

23 ‘‘(2) ALIENS DESCRIBED.—An alien is de24 scribed in this paragraph if the alien— 


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1 ‘‘(A) has not been lawfully admitted to the 

2 United States for permanent residence; and 

3 ‘‘(B) was convicted of any criminal offense 

4 establishing deportability under subparagraph 

5 (A)(iii) or (D)(i) of section 237(a)(2).’’; and 

6 (5) by redesignating the subsection (c) that re7 lates to judicial removal as subsection (d). 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on the date of enactment of 

10 this Act and shall apply to all aliens apprehended or con11 victed on or after such date. 

12 SEC. 207. FIELD AGENT ALLOCATION. 

13 (a) IN GENERAL.—Section 103(f) (8 U.S.C. 1103(f)) 

14 is amended to read as follows: 

15 ‘‘(f) MINIMUM NUMBER OF AGENTS IN STATES.— 

16 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

17 Security shall allocate to each State— 

18 ‘‘(A) not fewer than 40 full-time active 

19 duty agents of the Bureau of Immigration and 

20 Customs Enforcement to— 

21 ‘‘(i) investigate immigration viola22 tions; and 

23 ‘‘(ii) ensure the departure of all re24 movable aliens; and 


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1 ‘‘(B) not fewer than 15 full-time active 

2 duty agents of United States Citizenship and 

3 Immigration Services to carry out immigration 

4 and naturalization adjudication functions. 

5 ‘‘(2) WAIVER.—The Secretary may waive the 

6 application of paragraph (1) for any State with a 

7 population of less than 2,000,000, as most recently 

8 reported by the Bureau of the Census.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall take effect on the date that is 90 days 

11 after the date of the enactment of this Act. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as may be 

14 necessary to carry out this section. 

15 SEC. 208. STREAMLINED PROCESSING OF BACKGROUND 

16 CHECKS CONDUCTED FOR IMMIGRATION 

17 BENEFIT APPLICATIONS AND PETITIONS. 

18 (a) INFORMATION SHARING; INTERAGENCY TASK

19 FORCE.—Section 105 (8 U.S.C. 1105) is amended by add20 ing at the end the following: 

21 ‘‘(e) INTERAGENCY TASK FORCE.— 

22 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

23 Security shall establish an interagency task force to 

24 resolve cases in which an application or petition for 

25 an immigration benefit conferred under this Act has 


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1 been delayed due to an outstanding background 

2 check investigation for more than 2 years after the 

3 date on which such application or petition was ini4 tially filed. 

5 ‘‘(2) MEMBERSHIP.—The interagency task 

6 force established under paragraph (1) shall include 

7 representatives from Federal agencies with immigra8 tion, law enforcement, or national security respon9 sibilities under this Act.’’. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Director of the 

12 Federal Bureau of Investigation such sums as are nec13 essary for each fiscal year, 2008 through 2012 for en14 hancements to existing systems for conducting background 

15 and security checks necessary to support immigration se16 curity and orderly processing of applications. 

17 (c) REPORT ON BACKGROUND AND SECURITY

18 CHECKS.— 

19 (1) IN GENERAL.—Not later than 180 days 

20 after the date of the enactment of this Act, the Di21 rector of the Federal Bureau of Investigation shall 

22 submit to the Committee on the Judiciary of the 

23 Senate and the Committee on the Judiciary of the 

24 House of Representatives a report on the back25 ground and security checks conducted by the FedVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 eral Bureau of Investigation on behalf of United 

2 States Citizenship and Immigration Services. 

3 (2) CONTENT.—The report required under 

4 paragraph (1) shall include— 

5 (A) a description of the background and 

6 security check program; 

7 (B) a statistical breakdown of the back8 ground and security check delays associated 

9 with different types of immigration applications; 

10 (C) a statistical breakdown of the back11 ground and security check delays by applicant 

12 country of origin; and 

13 (D) the steps that the Director of the Fed14 eral Bureau of Investigations is taking to expe15 dite background and security checks that have 

16 been pending for more than 180 days. 

17 (d) ENSURING ACCOUNTABILITY IN BACKGROUND

18 CHECK DETERMINATIONS.— 

19 (1) IN GENERAL.—Chapter 4 of title III (8 

20 U.S.C. 1501 et seq.) is amended by adding at the 

21 end the following: 

22 ‘‘SEC. 362. CONSTRUCTION. 

23 ‘‘(a) IN GENERAL.—Nothing in this Act (other than 

24 section 241(b)(3)) or in any other provision of law (other 

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1 human or Degrading Treatment or Punishment, done at 

2 New York, December 10, 1994, subject to any reserva3 tions, understandings, declarations, and provisos con4 tained in the resolution of ratification of the Convention, 

5 as implemented by section 2242 of the Foreign Affairs Re6 form and Restructuring Act of 1998 (Public Law 105– 

7 277; 8 U.S.C. 1231 note)) may be construed to require 

8 the Secretary of Homeland Security or the Attorney Gen9 eral to grant any application for asylum, adjustment of 

10 status, or naturalization, or grant any relief from removal 

11 under the immigration laws to— 

12 ‘‘(1) any alien with respect to whom a national 

13 security, criminal, or other investigation or case is 

14 open or pending (including the issuance of an arrest 

15 warrant, detainer, or indictment) that is material to 

16 the alien’s eligibility for the status or benefit sought; 

17 or 

18 ‘‘(2) any alien for whom all law enforcement 

19 and other background checks have not been con20 ducted and resolved or the information related to 

21 such background checks have not provided to or as22 sessed by the reviewing official. 

23 ‘‘(b) TIMEFRAMES.—Notwithstanding subsection (a), 

24 the Secretary of Homeland Security may not delay adju25 dication or document issuance beyond 180 days due to an 


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1 outstanding background or security check unless the Sec2 retary certifies that such background and security check 

3 may establish that the alien poses a risk to national secu4 rity or public safety. The decision to delay shall be re5 viewed every 180 days, and such decision may not be dele6 gated below the level of Assistant Secretary. An alien has 

7 no right to review or appeal the Secretary’s decision to 

8 delay adjudication or issuance of documentation under 

9 this section, but remains entitled to interim work author10 ization.’’. 

11 (2) RULEMAKING.—The Secretary of Homeland 

12 Security shall promulgate regulations that describe 

13 the conditions under which interim work authoriza14 tion under paragraph (1) shall be issued. 

15 (3) ANNUAL REPORT TO CONGRESS.—The Sec16 retary of Homeland Security, the Attorney General, 

17 the Secretary of State, and the Secretary of Labor 

18 shall submit an annual report to Congress that in19 cludes— 

20 (A) the number of cases in which para21 graph (1) or (2) of subsection (a) is invoked 

22 during the reporting period; 

23 (B) the total number of pending cases in 

24 each category at the end of the reporting pe25 riod; 


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1 (C) the resolution of cases finally decided 

2 during the reporting period; and 

3 (D) statistics on interim employment au4 thorizations issued under this section. 

5 (e) CLERICAL AMENDMENT.—The table of contents 

6 is amended by inserting after the item relating to section 

7 361 the following: 

‘‘Sec. 362. Construction.’’. 

8 (f) ENHANCED TRANSPARENCY OF CLEARANCE

9 PROCESS.— 

10 (1) ESTABLISHMENT.—The Secretary and the 

11 Attorney General shall each establish an Office of 

12 the Public Advocate for Immigration Clearances 

13 within the Department and the Department of Jus14 tice, respectively. Each Office shall be headed by a 

15 Public Advocate. 

16 (2) DUTIES.—Each Public Advocate shall— 

17 (A) serve as a public liaison for their re18 spective Department for identifying and resolv19 ing delays in immigration processing caused by 

20 background check investigations; and 

21 (B) serve on the Interagency Task Force 

22 established under subsection (e) of section 105 

23 of the Immigration and Nationality Act (8 

24 U.S.C. 1105), as added by subsection (a). 


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1 SEC. 209. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

3 241(i)(5)(C) (8 U.S.C. 1231(i)(5)(C)) is amended by 

4 striking ‘‘2011’’ and inserting ‘‘2012’’. 

5 (b) REIMBURSEMENT OF STATES FOR

6 PRECONVICTION COSTS RELATING TO THE INCARCER7 ATION OF ILLEGAL ALIENS.—Section 241(i)(3)(A) (8 

8 U.S.C. 1231(i)(3)(A)) is amended by inserting ‘‘charged 

9 with or’’ before ‘‘convicted’’. 

10 (c) REIMBURSEMENT OF STATES FOR INDIRECT

11 COSTS RELATING TO THE INCARCERATION OF ILLEGAL

12 ALIENS.—Section 501 of the Immigration Reform and 

13 Control Act of 1986 (8 U.S.C. 1365) is amended— 

14 (1) by amending subsection (a) to read as fol15 lows: 

16 ‘‘(a) REIMBURSEMENT OF STATES.—Subject to the 

17 amounts provided in advance in appropriation Acts, the 

18 Secretary of Homeland Security shall reimburse a State 

19 for— 

20 ‘‘(1) the costs incurred by the State for the im21 prisonment of any illegal alien or Cuban national 

22 who is convicted of a felony by such State; and 

23 ‘‘(2) the indirect costs related to the imprison24 ment described in paragraph (1).’’; and 

25 (2) by amending subsections (c) through (e) to 

26 read as follows: 


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1 ‘‘(c) MANNER OF ALLOTMENT OF REIMBURSE2 MENTS.—Reimbursements under this section shall be al3 lotted in a manner that gives special consideration for any 

4 State that— 

5 ‘‘(1) shares a border with Mexico or Canada; or 

6 ‘‘(2) includes within the State an area in which 

7 a large number of undocumented aliens reside rel8 ative to the general population of that area. 

9 ‘‘(d) DEFINITIONS.—In this section: 

10 ‘‘(1) INDIRECT COSTS.—The term ‘indirect 

11 costs’ includes— 

12 ‘‘(A) court costs, county attorney costs, de13 tention costs, and criminal proceedings expendi14 tures that do not involve going to trial; 

15 ‘‘(B) indigent defense costs; and 

16 ‘‘(C) unsupervised probation costs. 

17 ‘‘(2) STATE.—The term ‘State’ has the mean18 ing given such term in section 101(a)(36) of the Im19 migration and Nationality Act (8 U.S.C. 

20 1101(a)(36)). 

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated $200,000,000 for each 

23 of the fiscal years 2008 through 2012 to carry out sub24 section (a)(2).’’. 


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1 SEC. 210. TRANSPORTATION AND PROCESSING OF ILLEGAL 

2 ALIENS APPREHENDED BY STATE AND LOCAL 

3 LAW ENFORCEMENT OFFICERS. 

4 (a) IN GENERAL.—The Secretary shall provide suffi5 cient transportation and officers to take illegal aliens ap6 prehended by State and local law enforcement officers into 

7 custody for processing at a detention facility operated by 

8 the Department. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary for each of fiscal years 2008 through 2012 to 

12 carry out this section. 

13 SEC. 211. 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. 212. MANDATORY ADDRESS REPORTING REQUIRE20 MENTS. 

21 (a) CLARIFYING ADDRESS REPORTING REQUIRE22 MENTS.—Section 265 (8 U.S.C. 1305) is amended— 

23 (1) in subsection (a)— 

24 (A) by striking ‘‘notify the Attorney Gen25 eral in writing’’ and inserting ‘‘submit written 


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1 or electronic notification to the Secretary of 

2 Homeland Security, in a manner approved by 

3 the Secretary,’’; 

4 (B) by striking ‘‘the Attorney General may 

5 require’’ and inserting ‘‘the Secretary may re6 quire’’; and 

7 (C) by adding at the end the following: ‘‘If 

8 the alien is involved in proceedings before an 

9 immigration judge or in an administrative ap10 peal of such proceedings, the alien shall submit 

11 to the Attorney General the alien’s current ad12 dress and a telephone number, if any, at which 

13 the alien may be contacted.’’; 

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

15 General’’ each place such term appears and inserting 

16 ‘‘Secretary of Homeland Security’’; 

17 (3) in subsection (c), by striking ‘‘given to such 

18 parent’’ and inserting ‘‘given by such parent’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(d) ADDRESS TO BE PROVIDED.— 

21 ‘‘(1) IN GENERAL.—Except as otherwise pro22 vided by the Secretary under paragraph (2), an ad23 dress provided by an alien under this section shall 

24 be the alien’s current residential mailing address, 

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1 dential mailing address or the address of an attor2 ney, representative, labor organization, or employer. 

3 ‘‘(2) SPECIFIC REQUIREMENTS.—The Secretary 

4 may provide specific requirements with respect to— 

5 ‘‘(A) designated classes of aliens and spe6 cial circumstances, including aliens who are em7 ployed at a remote location; and 

8 ‘‘(B) the reporting of address information 

9 by aliens who are incarcerated in a Federal, 

10 State, or local correctional facility. 

11 ‘‘(3) DETENTION.—An alien who is being de12 tained by the Secretary under this Act is not re13 quired to report the alien’s current address under 

14 this section during the time the alien remains in de15 tention, but shall be required to notify the Secretary 

16 of the alien’s address under this section at the time 

17 of the alien’s release from detention. 

18 ‘‘(e) USE OF MOST RECENT ADDRESS PROVIDED BY

19 THE ALIEN.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding any other 

21 provision of law, the Secretary may provide for the 

22 appropriate coordination and cross referencing of 

23 address information provided by an alien under this 

24 section with other information relating to the alien’s 

25 address under other Federal programs, including— 


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1 ‘‘(A) any information pertaining to the 

2 alien, which is submitted in any application, pe3 tition, or motion filed under this Act with the 

4 Secretary of Homeland Security, the Secretary 

5 of State, or the Secretary of Labor; 

6 ‘‘(B) any information available to the At7 torney General with respect to an alien in a 

8 proceeding before an immigration judge or an 

9 administrative appeal or judicial review of such 

10 proceeding; 

11 ‘‘(C) any information collected with respect 

12 to nonimmigrant foreign students or exchange 

13 program participants under section 641 of the 

14 Illegal Immigration Reform and Immigrant Re15 sponsibility Act of 1996 (8 U.S.C. 1372); and 

16 ‘‘(D) any information collected from State 

17 or local correctional agencies pursuant to the 

18 State Criminal Alien Assistance Program. 

19 ‘‘(2) RELIANCE.—The Secretary may rely on 

20 the most recent address provided by the alien under 

21 this section or section 264 to send to the alien any 

22 notice, form, document, or other matter pertaining 

23 to Federal immigration laws, including service of a 

24 notice to appear. The Attorney General and the Sec25 retary may rely on the most recent address provided 


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1 by the alien under section 239(a)(1)(F) to contact 

2 the alien about pending removal proceedings. 

3 ‘‘(3) OBLIGATION.—The alien’s provision of an 

4 address for any other purpose under the Federal im5 migration laws does not excuse the alien’s obligation 

6 to submit timely notice of the alien’s address to the 

7 Secretary under this section (or to the Attorney 

8 General under section 239(a)(1)(F) with respect to 

9 an alien in a proceeding before an immigration judge 

10 or an administrative appeal of such proceeding). 

11 ‘‘(f) REQUIREMENT FOR DATABASE.—The Secretary 

12 of Homeland Security shall establish an electronic data13 base to timely record and preserve addresses provided 

14 under this section.’’. 

15 (b) CONFORMING CHANGES WITH RESPECT TO REG16 ISTRATION REQUIREMENTS.—Chapter 7 of title II (8 

17 U.S.C. 1301 et seq.) is amended— 

18 (1) in section 262(c), by striking ‘‘Attorney 

19 General’’ and inserting ‘‘Secretary of Homeland Se20 curity’’; 

21 (2) in section 263(a), by striking ‘‘Attorney 

22 General’’ and inserting ‘‘Secretary of Homeland Se23 curity’’; and 

24 (3) in section 264— 


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1 (A) in subsections (a), (b), (c), and (d), by 

2 striking ‘‘Attorney General’’ each place it ap3 pears and inserting ‘‘Secretary of Homeland 

4 Security’’; and 

5 (B) in subsection (f)— 

6 (i) by striking ‘‘Attorney General is 

7 authorized’’ and inserting ‘‘Secretary of 

8 Homeland Security and Attorney General 

9 are authorized’’; and 

10 (ii) by striking ‘‘Attorney General or 

11 the Service’’ and inserting ‘‘Secretary or 

12 the Attorney General’’. 

13 (c) EFFECT ON ELIGIBILITY FOR IMMIGRATION BEN14 EFITS.—If an alien fails to comply with section 262, 263, 

15 or 265 of the Immigration and Nationality Act (8 U.S.C. 

16 1302, 1303, and 1305) or section 264.1 of title 8, Code 

17 of Federal Regulations, or removal orders or voluntary de18 parture agreements based on any such section for acts 

19 committed prior to the enactment of this Act such failure 

20 shall not affect the eligibility of the alien to apply for a 

21 benefit under the Immigration and Nationality Act (8 

22 U.S.C. 1101 et seq.). 

23 (d) TECHNICAL AMENDMENTS.—Section 266 (8 

24 U.S.C. 1306 ) is amended by striking ‘‘Attorney General’’ 


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1 each place it appears and inserting ‘‘Secretary of Home2 land Security’’. 

3 (e) EFFECTIVE DATES.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the amendments made by this section 

6 shall take effect on the date of the enactment of this 

7 Act. 

8 (2) EXCEPTIONS.—The amendments made by 

9 paragraphs (1)(A), (1)(B), (2), and (3) of subsection 

10 (a) shall take effect as if enacted on March 1, 2003. 

11 SEC. 213. STATE AND LOCAL ENFORCEMENT OF FEDERAL 

12 IMMIGRATION LAWS. 

13 (a) IN GENERAL.—Section 287(g) (8 U.S.C. 

14 1357(g)) is amended— 

15 (1) in paragraph (2), by adding at the end ‘‘If 

16 such training is provided by a State or political sub17 division of a State to an officer or employee of such 

18 State or political subdivision of a State, the cost of 

19 such training (including applicable overtime costs) 

20 shall be reimbursed by the Secretary of Homeland 

21 Security.’’; and 

22 (2) in paragraph (4), by adding at the end 

23 ‘‘The cost of any equipment required to be pur24 chased under such written agreement and necessary 

25 to perform the functions under this subsection shall 


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1 be reimbursed by the Secretary of Homeland Secu2 rity.’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary such 

5 sums as may be necessary to carry out this section and 

6 the amendments made by this section. 

7 SEC. 214. INCREASED CRIMINAL PENALTIES RELATED TO 

8 DRUNK DRIVING. 

9 (a) INADMISSIBILITY.—Section 212(a)(2) (8 U.S.C. 

10 1182(a)(2)) is amended— 

11 (1) by redesignating subparagraph (F) as sub12 paragraph (J); and 

13 (2) by inserting after subparagraph (E) the fol14 lowing: 

15 ‘‘(F) DRUNK DRIVERS.—Any alien who 

16 has been convicted of 3 offenses for driving 

17 under the influence and at least 1 of the of18 fenses is a felony under Federal or State law, 

19 for which the alien was sentenced to more than 

20 1 year imprisonment, is inadmissible.’’. 

21 (b) DEPORTABILITY.—Section 237(a)(2) (8 U.S.C. 

22 1227(a)(2)) is amended by adding at the end the fol23 lowing: 

24 ‘‘(F) DRUNK DRIVERS.—Unless the Sec25 retary of Homeland Security or the Attorney 


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1 General waives the application of this subpara2 graph, any alien who has been convicted of 3 

3 offenses for driving under the influence and at 

4 least 1 of the offenses is a felony under Federal 

5 or State law, for which the alien was sentenced 

6 to more than 1 year imprisonment, is deport7 able.’’. 

8 (c) JUDICIAL ADVISAL.— 

9 (1) IN GENERAL.—A court shall not accept a 

10 guilty plea for driving under the influence unless the 

11 court has administered to the defendant, on the 

12 record, the following adivsal: 

13 ‘‘If you are not a citizen of the United States, you 

14 are advised that conviction for driving under the in15 fluence, including conviction by entry of any plea, 

16 even if the conviction is later expunged, may result 

17 in deportation, exclusion from admission to the 

18 United States, or denial of naturalization pursuant 

19 to the laws of the United States.’’. 

20 (2) FAILURE TO ADVISE.—Upon request, the 

21 court shall allow the defendant a reasonable amount 

22 of additional time to consider the appropriateness of 

23 the plea in light of the advisement set out in para24 graph (1). If the court fails to advise the defendant 

25 in accordance with paragraph (1) and the defendant 


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1 shows that conviction of the offense to which the de2 fendant pleaded guilty may result in the defendant’s 

3 deportation, exclusion from the United States, or de4 nial of naturalization pursuant to the laws of the 

5 United States, the court, upon a motion by the de6 fendant, shall vacate the judgment and permit the 

7 defendant to withdraw the plea and enter a plea of 

8 not guilty. If the record does not show that the court 

9 provided the required advisement, it shall be pre10 sumed that the defendant did not receive the advise11 ment. The defendant shall not be required to dis12 close his or her immigration status at any time. 

13 (d) CONFORMING AMENDMENT.—Section 212(h) (8 

14 U.S.C. 1182(h)) is amended— 

15 (1) in the subsection heading, by striking ‘‘SUB16 SECTION (a)(2)(A)(i)(I), (II), (B), (D),AND (E)’’ and 

17 inserting ‘‘CERTAIN PROVISIONS IN SUBSECTION

18 (a)(2)’’; and 

19 (2) in the matter preceding paragraph (1), by 

20 striking ‘‘and (E)’’ and inserting ‘‘(E), and (F)’’. 

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

22 this section shall take effect on the date of the enactment 

23 of this Act and shall apply to convictions entered on or 

24 after such date. 


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1 SEC. 215. LAW ENFORCEMENT AUTHORITY OF STATES AND 

2 POLITICAL SUBDIVISIONS AND TRANSFER TO 

3 FEDERAL CUSTODY. 

4 Title II (8 U.S.C. 1151 et seq.) is amended by adding 

5 after section 240C the following: 

6 ‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES 

7 AND POLITICAL SUBDIVISIONS AND TRANS8 FER OF ALIENS TO FEDERAL CUSTODY. 

9 ‘‘(a) AUTHORITY.—Notwithstanding any other provi10 sion of law, law enforcement personnel of a State, or a 

11 political subdivision of a State, have the inherent authority 

12 of a sovereign entity to investigate, apprehend, arrest, de13 tain, or transfer to Federal custody (including the trans14 portation across State lines to detention centers) an alien 

15 for the purpose of assisting in the enforcement of the 

16 criminal provisions of the immigration laws of the United 

17 States in the normal course of carrying out the law en18 forcement duties of such personnel. This State authority 

19 has never been displaced or preempted by a Federal law. 

20 ‘‘(b) TRANSFER.—If the head of a law enforcement 

21 entity of a State (or a political subdivision of the State), 

22 exercising authority with respect to the detention of an 

23 alien convicted of a criminal offense, submits a request 

24 to the Secretary of Homeland Security, the Secretary 

25 shall— 


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1 ‘‘(1) determine the immigration status of the 

2 offender; and 

3 ‘‘(2) report to the requesting agency whether 

4 the Department of Homeland Security intends to 

5 take custody of the offender for violations of Federal 

6 immigration laws, with an approximate timeframe 

7 for the transfer of custody. 

8 ‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 

9 Security is authorized to use funds appropriated pursuant 

10 to the authorization of appropriations in section 241(i)(5) 

11 to reimburse a State, or a political subdivision of a State 

12 for activities described in subparagraph (a) or (b). 

13 ‘‘(d) REQUIREMENT FOR APPROPRIATE SECURITY.— 

14 The Secretary of Homeland Security shall ensure that— 

15 ‘‘(1) aliens incarcerated in a Federal facility 

16 pursuant to this section are held in facilities which 

17 provide an appropriate level of security; and 

18 ‘‘(2) if practicable, aliens detained solely for 

19 civil violations of Federal immigration law are sepa20 rated within a facility or facilities. 

21 ‘‘(e) REQUIREMENT FOR SCHEDULE.—In carrying 

22 out this section, the Secretary of Homeland Security shall 

23 establish a regular circuit and schedule for the prompt 

24 transportation of apprehended aliens from the custody of 

25 those States, and political subdivisions of States, which 


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1 routinely submit requests described in subsection (b), into 

2 Federal custody. 

3 ‘‘(f) AUTHORITY FOR CONTRACTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

5 Security may enter into contracts or cooperative 

6 agreements with appropriate State and local law en7 forcement and detention agencies to implement this 

8 section. 

9 ‘‘(2) DETERMINATION BY SECRETARY.—Before 

10 entering into a contract or cooperative agreement 

11 with a State or political subdivision of a State under 

12 paragraph (1), the Secretary shall determine wheth13 er the State, or if appropriate, the political subdivi14 sion in which the agencies are located, has in place 

15 any formal or informal policy that violates section 

16 642 of the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996 (8 U.S.C. 1373). 

18 The Secretary shall not allocate any of the funds 

19 made available under this section to any State or po20 litical subdivision that has in place a policy that vio21 lates such section. 

22 ‘‘(g) CONSTRUCTION.—Nothing in this section shall 

23 be construed to require law enforcement personnel of a 

24 State or a political subdivision to assist in the enforcement 

25 of the immigration laws of the United States. 


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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section.’’. 

4 SEC. 216. LAUNDERING OF MONETARY INSTRUMENTS. 

5 Section 1956(c)(7)(D) of title 18, United States 

6 Code, is amended— 

7 (1) by inserting ‘‘section 1590 (relating to traf8 ficking with respect to peonage, slavery, involuntary 

9 servitude, or forced labor),’’ after ‘‘section 1363 (re10 lating to destruction of property within the special 

11 maritime and territorial jurisdiction),’’; and 

12 (2) by inserting ‘‘section 274(a) of the Immi13 gration and Nationality Act (8 U.S.C.1324(a)) (re14 lating to bringing in and harboring certain aliens),’’ 

15 after ‘‘section 590 of the Tariff Act of 1930 (19 

16 U.S.C. 1590) (relating to aviation smuggling),’’. 

17 SEC. 217. INCREASE OF FEDERAL DETENTION SPACE AND 

18 THE UTILIZATION OF FACILITIES IDENTIFIED 

19 FOR CLOSURES AS A RESULT OF THE DE20 FENSE BASE CLOSURE REALIGNMENT ACT 

21 OF 1990. 

22 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

23 FACILITIES.— 

24 (1) IN GENERAL.—Subject to the availability of 

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1 quire, in addition to existing facilities for the deten2 tion of aliens, at least 20 detention facilities in the 

3 United States that have the capacity to detain a 

4 combined total of not less than 20,000 individuals at 

5 any time for aliens detained pending removal or a 

6 decision on removal of such aliens from the United 

7 States. 

8 (2) REQUIREMENT TO CONSTRUCT OR AC9 QUIRE.—Subject to the availability of appropria10 tions, the Secretary shall construct or acquire addi11 tional detention facilities in the United States to ac12 commodate the detention beds required by section 

13 5204(a) of the Intelligence Reform and Terrorism 

14 Protection Act of 2004 (Public Law 108–458; 118 

15 Stat. 3734). 

16 (3) USE OF ALTERNATE DETENTION FACILI17 TIES.—Subject to the availability of appropriations, 

18 the Secretary shall fully utilize all possible options to 

19 cost effectively increase available detention capac20 ities, and shall utilize detention facilities that are 

21 owned and operated by the Federal Government if 

22 the use of such facilities is cost effective. 

23 (4) USE OF INSTALLATIONS UNDER BASE CLO24 SURE LAWS.—In acquiring additional detention fa25 cilities under this subsection, the Secretary shall 


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1 consider the transfer of appropriate portions of mili2 tary installations approved for closure or realign3 ment under the Defense Base Closure and Realign4 ment Act of 1990 (part A of title XXIX of Public 

5 Law 101–510; 10 U.S.C. 2687 note) for use in ac6 cordance with this subsection. 

7 (5) DETERMINATION OF LOCATION.—The loca8 tion of any detention facility constructed or acquired 

9 in accordance with this subsection shall be deter10 mined, with the concurrence of the Secretary, by the 

11 senior officer responsible for Detention and Removal 

12 Operations in the Department. The detention facili13 ties shall be located so as to enable the officers and 

14 employees of the Department to increase to the max15 imum extent practicable the annual rate and level of 

16 removals of illegal aliens from the United States. 

17 (b) ANNUAL REPORT TO CONGRESS.—Not later than 

18 1 year after the date of the enactment of this Act, and 

19 annually thereafter, in consultation with the heads of 

20 other appropriate Federal agencies, the Secretary shall 

21 submit to Congress an assessment of the additional deten22 tion facilities and bed space needed to detain unlawful 

23 aliens apprehended at the United States ports of entry or 

24 along the international land borders of the United States. 


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1 (c) 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 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as may be 

6 necessary to carry out this section. 

7 SEC. 218. 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 enactment of this Act, the office of the United States 

13 Attorney that is prosecuting a criminal case in a Federal 

14 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; 

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; and 

11 (4) provide notice to the alien and the counsel 

12 for the alien of any such determination and any such 

13 submission to the court. 

14 (b) GUIDELINES.—A determination made under sub15 section (a)(1) shall be made in accordance with guidelines 

16 of the Executive Office for Immigration Review of the De17 partment of Justice. 

18 (c) RESPONSIBILITIES OF FEDERAL COURTS.— 

19 (1) MODIFICATIONS OF RECORDS AND CASE

20 MANAGEMENTS SYSTEMS.—Not later than 2 years 

21 after the date of enactment of this Act, all Federal 

22 courts that hear criminal cases, or appeals of crimi23 nal cases, shall modify their criminal records and 

24 case management systems, in accordance with guide25 lines which the Director of the Administrative Office 


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1 of the United States Courts shall establish, so as to 

2 enable accurate reporting of information described in 

3 subsection (a)(2). 

4 (2) DATA ENTRIES.—Beginning not later than 

5 2 years after the date of enactment of this Act, each 

6 Federal court described in paragraph (1) shall enter 

7 into its electronic records the information contained 

8 in each notification to the court under subsection 

9 (a)(2). 

10 (d) CONSTRUCTION.—Nothing in this section may be 

11 construed to provide a basis for admitting evidence to a 

12 jury or releasing information to the public regarding an 

13 alien’s immigration status. 

14 (e) ANNUAL REPORT TO CONGRESS.—The Director 

15 of the Administrative Office of the United States Courts 

16 shall include, in the annual report filed with Congress 

17 under section 604 of title 28, United States Code— 

18 (1) statistical information on criminal trials of 

19 aliens in the courts and criminal convictions of 

20 aliens in the lower courts and upheld on appeal, in21 cluding the type of crime in each case and including 

22 information on the legal status of the aliens; and 

23 (2) recommendations on whether additional 

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1 ume of criminal cases brought against aliens in the 

2 Federal courts. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.— 

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

5 appropriated for each of fiscal years 2008 through 

6 2012, such sums as may be necessary to carry out 

7 this section. 

8 (2) AVAILABILITY OF FUNDS.—Funds appro9 priated pursuant to the authorization of appropria10 tions in this subsection in any fiscal year shall re11 main available until expended. 

12 SEC. 219. EXPANSION OF THE JUSTICE PRISONER AND 

13 ALIEN TRANSFER SYSTEM. 

14 Not later than 60 days after the date of enactment 

15 of this Act, the Attorney General shall issue a directive 

16 to expand the Justice Prisoner and Alien Transfer System 

17 so that such System provides additional services with re18 spect to aliens who are illegally present in the United 

19 States. Such expansion should include— 

20 (1) increasing the daily operations of such Sys21 tem with buses and air hubs in 3 geographic regions; 

22 (2) allocating a set number of seats for such 

23 aliens for each metropolitan area; 

24 (3) allowing metropolitan areas to trade or give 

25 some of the seats allocated to the area under such 


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1 System for such aliens to other areas in their region 

2 based on the transportation needs of each area; and 

3 (4) requiring an annual report that analyzes the 

4 number of seats that each metropolitan area is allo5 cated under such System for such aliens and modi6 fies such allocation if necessary. 

7 SEC. 220. CANCELLATION OF VISAS. 

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

9 (1) in paragraph (1)— 

10 (A) by striking ‘‘Attorney General’’ and in11 serting ‘‘Secretary of Homeland Security’’; and 

12 (B) by inserting ‘‘and any other non13 immigrant visa issued by the United States that 

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

15 visa’’; and 

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

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

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

19 nationality’’ and inserting ‘‘(other than a visa de20 scribed in paragraph (1)) issued in a consular office 

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

22 foreign residence’’. 


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1 Subtitle B—Passport and Visa 

2 Security 

3 SEC. 221. REFORM OF PASSPORT FRAUD OFFENSES. 

4 (a) TRAFFICKING IN PASSPORTS.—Section 1541 of 

5 title 18, United States Code, is amended to read as fol6 lows: 

7 ‘‘§ 1541. Trafficking in passports 

8 ‘‘(a) MULTIPLE PASSPORTS.—Any person who, dur9 ing any period of 3 years or less, knowingly— 

10 ‘‘(1) and without lawful authority produces, 

11 issues, or transfers 10 or more passports; 

12 ‘‘(2) forges, counterfeits, alters, or falsely 

13 makes 10 or more passports; 

14 ‘‘(3) secures, possesses, uses, receives, buys, 

15 sells, or distributes 10 or more passports, knowing 

16 the passports to be forged, counterfeited, altered, 

17 falsely made, stolen, procured by fraud, or produced 

18 or issued without lawful authority; or 

19 ‘‘(4) completes, mails, prepares, presents, signs, 

20 or submits 10 or more applications for a United 

21 States passport, knowing the applications to contain 

22 any false statement or representation, 

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

24 20 years, or both. 


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1 ‘‘(b) PASSPORT MATERIALS.—Any person who know2 ingly and without lawful authority produces, buys, sells, 

3 possesses, or uses any official material (or counterfeit of 

4 any official material) used to make a passport, including 

5 any distinctive paper, seal, hologram, image, text, symbol, 

6 stamp, engraving, or plate, shall be fined under this title, 

7 imprisoned not more than 20 years, or both.’’. 

8 (b) FALSE STATEMENT IN AN APPLICATION FOR A

9 PASSPORT.—Section 1542 of title 18, United States Code, 

10 is amended to read as follows: 

11 ‘‘§ 1542. False statement in an application for a pass12 port 

13 ‘‘(a) IN GENERAL.—Whoever knowingly makes any 

14 false statement or representation in an application for a 

15 United States passport, or mails, prepares, presents, or 

16 signs an application for a United States passport knowing 

17 the application to contain any false statement or represen18 tation, shall be fined under this title, imprisoned not more 

19 than 15 years, or both. 

20 ‘‘(b) VENUE.— 

21 ‘‘(1) IN GENERAL.—An offense under sub22 section (a) may be prosecuted in any district— 

23 ‘‘(A) in which the false statement or rep24 resentation was made or the application for a 


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1 United States passport was prepared or signed; 

2 or 

3 ‘‘(B) in which or to which the application 

4 was mailed or presented. 

5 ‘‘(2) ACTS OCCURRING OUTSIDE THE UNITED

6 STATES.—An offense under subsection (a) involving 

7 an application for a United States passport prepared 

8 and adjudicated outside the United States may be 

9 prosecuted in the district in which the resultant 

10 passport was or would have been produced. 

11 ‘‘(c) SAVINGS CLAUSE.—Nothing in this section may 

12 be construed to limit the venue otherwise available under 

13 sections 3237 and 3238 of this title.’’. 

14 (c) FORGERY AND UNLAWFUL PRODUCTION OF A

15 PASSPORT.—Section 1543 of title 18, United States Code, 

16 is amended to read as follows: 

17 ‘‘§ 1543. Forgery and unlawful production of a pass18 port 

19 ‘‘(a) FORGERY.—Any person who knowingly— 

20 ‘‘(1) forges, counterfeits, alters, or falsely 

21 makes any passport; or 

22 ‘‘(2) transfers any passport knowing it to be 

23 forged, counterfeited, altered, falsely made, stolen, 

24 or to have been produced or issued without lawful 

25 authority, 


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

2 15 years, or both. 

3 ‘‘(b) UNLAWFUL PRODUCTION.—Any person who 

4 knowingly and without lawful authority— 

5 ‘‘(1) produces, issues, authorizes, or verifies a 

6 passport in violation of the laws, regulations, or 

7 rules governing the issuance of the passport; 

8 ‘‘(2) produces, issues, authorizes, or verifies a 

9 United States passport for or to any person knowing 

10 or in reckless disregard of the fact that such person 

11 is not entitled to receive a passport; or 

12 ‘‘(3) transfers or furnishes a passport to any 

13 person for use by any person other than the person 

14 for whom the passport was issued or designed, 

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

16 15 years, or both.’’. 

17 (d) MISUSE OF A PASSPORT.—Section 1544 of title 

18 18, United States Code, is amended to read as follows: 

19 ‘‘§ 1544. Misuse of a passport 

20 ‘‘Any person who knowingly— 

21 ‘‘(1) uses any passport issued or designed for 

22 the use of another; 

23 ‘‘(2) uses any passport in violation of the condi24 tions or restrictions therein contained, or in violation 


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1 of the laws, regulations, or rules governing the 

2 issuance and use of the passport; 

3 ‘‘(3) secures, possesses, uses, receives, buys, 

4 sells, or distributes any passport knowing it to be 

5 forged, counterfeited, altered, falsely made, procured 

6 by fraud, or produced or issued without lawful au7 thority; or 

8 ‘‘(4) violates the terms and conditions of any 

9 safe conduct duly obtained and issued under the au10 thority of the United States, 

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

12 15 years, or both.’’. 

13 (e) SCHEMES TO DEFRAUD ALIENS.—Section 1545 

14 of title 18, United States Code, is amended to read as 

15 follows: 

16 ‘‘§ 1545. Schemes to defraud aliens 

17 ‘‘(a) IN GENERAL.—Any person who knowingly exe18 cutes a scheme or artifice, in connection with any matter 

19 that is authorized by or arises under Federal immigration 

20 laws or any matter the offender claims or represents is 

21 authorized by or arises under Federal immigration laws, 

22 to— 

23 ‘‘(1) defraud any person; or 


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1 ‘‘(2) obtain or receive money or anything else of 

2 value from any person by means of false or fraudu3 lent pretenses, representations, or promises, 

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

5 15 years, or both. 

6 ‘‘(b) MISREPRESENTATION.—Any person who know7 ingly and falsely represents that such person is an attor8 ney or an accredited representative (as that term is de9 fined in section 1292.1 of title 8, Code of Federal Regula10 tions (or any successor regulation to such section)) in any 

11 matter arising under Federal immigration laws shall be 

12 fined under this title, imprisoned not more than 15 years, 

13 or both.’’. 

14 (f) IMMIGRATION AND VISA FRAUD.—Section 1546 

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

16 (1) by amending the section heading to read as 

17 follows: 

18 ‘‘§ 1546. Immigration and visa fraud’’; 

19 and 

20 (2) by striking subsections (b) and (c) and in21 serting the following: 

22 ‘‘(b) IN GENERAL.—Any person who knowingly— 

23 ‘‘(1) uses any immigration document issued or 

24 designed for the use of another; 


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1 ‘‘(2) forges, counterfeits, alters, or falsely 

2 makes any immigration document; 

3 ‘‘(3) completes, mails, prepares, presents, signs, 

4 or submits any immigration document knowing it to 

5 contain any materially false statement or representa6 tion; 

7 ‘‘(4) secures, possesses, uses, transfers, re8 ceives, buys, sells, or distributes any immigration 

9 document knowing it to be forged, counterfeited, al10 tered, falsely made, stolen, procured by fraud, or 

11 produced or issued without lawful authority; 

12 ‘‘(5) adopts or uses a false or fictitioius name 

13 to evade or to attempt to evade the immigration 

14 laws; or 

15 ‘‘(6) transfers or furnishes, without lawful au16 thority, an immigration document to another person 

17 for use by a person other than the person for whom 

18 the pasport was issued or disgned, 

19 shall be fined under this title, imprisoned not more 15 

20 years, or both. 

21 ‘‘(c) TRAFFICKING.—Any person who, during any pe22 riod of 3 years or less, knowingly— 

23 ‘‘(1) and without lawful authority produces, 

24 issues, or transfers 10 or more immigration docu25 ments; 


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1 ‘‘(2) forges, counterfeits, alters, or falsely 

2 makes 10 or more immigration documents; 

3 ‘‘(3) secures, possesses, uses, buys, sells, or dis4 tributes 10 or more immigration documents, know5 ing the immigration documents to be forged, coun6 terfeited, altered, stolen, falsely made, procured by 

7 fraud, or produced or issued without lawful author8 ity; or 

9 ‘‘(4) completes, mails, prepares, presents, signs, 

10 or submits 10 or more immigration documents 

11 knowing the documents to contain any materially 

12 false statement or representation, 

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

14 20 years, or both. 

15 ‘‘(d) IMMIGRATION DOCUMENT MATERIALS.—Any 

16 person who knowingly and without lawful authority pro17 duces, buys, sells, possesses, or uses any official material 

18 (or counterfeit of any official material) used to make im19 migration documents, including any distinctive paper, seal, 

20 hologram, image, text, symbol, stamp, engraving, or plate, 

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

22 20 years, or both. 

23 ‘‘(e) EMPLOYMENT DOCUMENTS.—Any person who 

24 uses— 


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1 ‘‘(1) an identification document, knowing (or 

2 having reason to know) that the document was not 

3 issued lawfully for the use of the possessor; 

4 ‘‘(2) an identification document knowing (or 

5 having reason to know) that the document is false; 

6 or 

7 ‘‘(3) a false attestation, 

8 for the purpose of satisfying a requirement of section 

9 274A(b) of the Immigration and Nationality Act (8 U.S.C. 

10 1324a(b)), shall be fined under this title, imprisoned not 

11 more than 5 years, or both.’’. 

12 (g) ALTERNATIVE IMPRISONMENT MAXIMUM FOR

13 CERTAIN OFFENSES.—Section 1547 of title 18, United 

14 States Code, is amended— 

15 (1) in the matter preceding paragraph (1), by 

16 striking ‘‘(other than an offense under section 

17 1545)’’; 

18 (2) in paragraph (1), by striking ‘‘15’’ and in19 serting ‘‘20’’; and 

20 (3) in paragraph (2), by striking ‘‘20’’ and in21 serting ‘‘25’’. 

22 (h) ATTEMPTS, CONSPIRACIES, JURISDICTION, AND

23 DEFINITIONS.—Chapter 75 of title 18, United States 

24 Code, is amended by adding after section 1547 the fol25 lowing: 


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1 ‘‘§ 1548. Attempts and conspiracies 

2 ‘‘Any person who attempts or conspires to violate any 

3 section of this chapter shall be punished in the same man4 ner as a person who completed a violation of that section. 

5 ‘‘§ 1549. Additional jurisdiction 

6 ‘‘(a) IN GENERAL.—Any person who commits an of7 fense under this chapter within the special maritime and 

8 territorial jurisdiction of the United States shall be pun9 ished as provided under this chapter. 

10 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any per11 son who commits an offense under this chapter outside 

12 the United States shall be punished as provided under this 

13 chapter if— 

14 ‘‘(1) the offense involves a United States pass15 port or immigration document (or any document 

16 purporting to be such a document) or any matter, 

17 right, or benefit arising under or authorized by Fed18 eral immigration laws; 

19 ‘‘(2) the offense is in or affects foreign com20 merce; 

21 ‘‘(3) the offense affects, jeopardizes, or poses a 

22 significant risk to the lawful administration of Fed23 eral immigration laws, or the national security of the 

24 United States; 

25 ‘‘(4) the offense is committed to facilitate an 

26 act of international terrorism (as defined in section 


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1 2331) or a drug trafficking crime (as defined in sec2 tion 929(a)(2)) that affects or would affect the na3 tional security of the United States; 

4 ‘‘(5) the offender is a national of the United 

5 States or an alien lawfully admitted for permanent 

6 residence (as those terms are defined in section 

7 101(a) of the Immigration and Nationality Act (8 

8 U.S.C. 1101(a))); or 

9 ‘‘(6) the offender is a stateless person whose 

10 habitual residence is in the United States. 

11 ‘‘§ 1550. Authorized law enforcement activities 

12 ‘‘Nothing in this chapter shall prohibit any lawfully 

13 authorized investigative, protective, or intelligence activity 

14 of a law enforcement agency of the United States, a State, 

15 or a political subdivision of a State, or an intelligence 

16 agency of the United States, or any activity authorized 

17 under title V of the Organized Crime Control Act of 1970 

18 (Public Law 91–452; 84 Stat. 933). 

19 ‘‘§ 1551. Definitions 

20 ‘‘As used in this chapter: 

21 ‘‘(1) The term ‘application for a United States 

22 passport’ includes any document, photograph, or 

23 other piece of evidence submitted in support of an 

24 application for a United States passport. 

25 ‘‘(2) The term ‘immigration document’— 


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1 ‘‘(A) means any application, petition, affi2 davit, declaration, attestation, form, visa, iden3 tification card, alien registration document, em4 ployment authorization document, border cross5 ing card, certificate, permit, order, license, 

6 stamp, authorization, grant of authority, or 

7 other official document, arising under or au8 thorized by the immigration laws of the United 

9 States; and 

10 ‘‘(B) includes any document, photograph, 

11 or other piece of material evidence attached or 

12 submitted in support of an immigration docu13 ment described in subparagraph (A). 

14 ‘‘(3) The term ‘immigration laws’ includes— 

15 ‘‘(A) the laws described in section 

16 101(a)(17) of the Immigration and Nationality 

17 Act (8 U.S.C. 1101(a)(17)); 

18 ‘‘(B) the laws relating to the issuance and 

19 use of passports; and 

20 ‘‘(C) the regulations prescribed under the 

21 authority of any law described in subparagraph 

22 (A) or (B). 

23 ‘‘(4) A person does not exercise ‘lawful author24 ity’ if the person abuses or improperly exercises law25 ful authority the person otherwise holds. 


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1 ‘‘(5) The term ‘passport’ means— 

2 ‘‘(A) a travel document attesting to the 

3 identity and nationality of the bearer that is 

4 issued under the authority of the Secretary of 

5 State, a foreign government, or an international 

6 organization; or 

7 ‘‘(B) any instrument purporting to be a 

8 document described in subparagraph (A). 

9 ‘‘(6) The term ‘produce’ means to make, pre10 pare, assemble, issue, print, authenticate, or alter. 

11 ‘‘(7) The term ‘to present’ means to offer or 

12 submit for official processing, examination, or adju13 dication. Any such presentation continues until the 

14 official processing, examination, or adjudication is 

15 complete. 

16 ‘‘(8) The ‘use’ of a passport or an immigration 

17 document referred to in section 1541(a), 1543(b), 

18 1544, 1546(a), and 1546(b) of this chapter in19 cludes— 

20 ‘‘(A) any officially authorized use; 

21 ‘‘(B) use to travel; 

22 ‘‘(C) use to demonstrate identity, resi23 dence, nationality, citizenship, or immigration 

24 status; 


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1 ‘‘(D) use to seek or maintain employment; 

2 or 

3 ‘‘(E) use in any matter within the jurisdic4 tion of the Federal government or of a State 

5 government.’’. 

6 (i) CLERICAL AMENDMENT.—The table of sections 

7 for chapter 75 of title 18, United States Code, is amended 

8 to read as follows: 

‘‘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. Alternative imprisonment maximum for certain offenses. 

‘‘1548. Attempts and conspiracies. 

‘‘1549. Additional jurisdiction. 

‘‘1550. Authorized law enforcement activities. 

‘‘1551. Definitions.’’. 

9 SEC. 222. OTHER IMMIGRATION REFORMS. 

10 (a) DIRECTIVE TO THE UNITED STATES SEN11 TENCING COMMISSION.— 

12 (1) IN GENERAL.—Pursuant to the authority 

13 under section 994 of title 28, United States Code, 

14 the United States Sentencing Commission shall pro15 mulgate or amend the sentencing guidelines, policy 

16 statements, and official commentaries related to 

17 passport fraud offenses, including the offenses de18 scribed in chapter 75 of title 18, United States 

19 Code, as amended by section 221, to reflect the seri20 ous nature of such offenses. 


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

2 date of the enactment of this Act, the United States 

3 Sentencing Commission shall submit to the Com4 mittee on the Judiciary of the Senate and the Com5 mittee on the Judiciary of the House of Representa6 tives a report on the implementation of this sub7 section. 

8 (b) RELEASE AND DETENTION PRIOR TO DISPOSI9 TION.— 

10 (1) DETENTION.—Section 3142(e) of title 18, 

11 United States Code, is amended to read as follows: 

12 ‘‘(e) DETENTION.—(1) If, after a hearing pursuant 

13 to the provisions of subsection (f) of this section, the judi14 cial officer finds that no condition or combination of condi15 tions will reasonably assure the appearance of the person 

16 as required and the safety of any other person and the 

17 community, such judicial officer shall order the detention 

18 of the person before trial. 

19 ‘‘(2) In a case described in subsection (f)(1) of this 

20 section, a rebuttable presumption arises that no condition 

21 or combination of conditions will reasonably assure the 

22 safety of any other person and the community if such judi23 cial officer finds that— 

24 ‘‘(A) the person has been convicted of a Federal 

25 offense that is described in subsection (f)(1) of this 


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1 section, or of a State or local offense that would 

2 have been an offense described in subsection (f)(1) 

3 of this section if a circumstance giving rise to Fed4 eral jurisdiction had existed; 

5 ‘‘(B) the offense described in subparagraph (A) 

6 of this paragraph was committed while the person 

7 was on release pending trial for a Federal, State, or 

8 local offense; and 

9 ‘‘(C) a period of not more than five years has 

10 elapsed since the date of conviction, or the release 

11 of the person from imprisonment, for the offense de12 scribed in subparagraph (A) of this paragraph, 

13 whichever is later. 

14 ‘‘(3) Subject to rebuttal by the person, it shall be pre15 sumed that no condition or combination of conditions will 

16 reasonably assure the appearance of the person as re17 quired and the safety of the community if the judicial offi18 cer finds that there is probable cause to believe that the 

19 person committed an offense for which a maximum term 

20 of imprisonment of ten years or more is prescribed in the 

21 Controlled Substances Act (21 U.S.C. 801 et seq.), the 

22 Controlled Substances Import and Export Act (21 U.S.C. 

23 951 et seq.), or chapter 705 of title 46, an offense under 

24 section 924(c), 956(a), or 2332b of this title, or an offense 

25 listed in section 2332b(g)(5)(B) of this title for which a 


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1 maximum term of imprisonment of 10 years or more is 

2 prescribed, or an offense involving a minor victim under 

3 section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 

4 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 

5 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 

6 2422, 2423, or 2425 of this title.’’. 

7 (c) PROTECTION FOR LEGITIMATE REFUGEES AND

8 ASYLUM SEEKERS.— 

9 (1) PROTECTION FOR LEGITIMATE REFUGEES

10 AND ASYLUM SEEKERS.—The Attorney General, in 

11 consultation with the Secretary of Homeland Secu12 rity, shall develop binding prosecution guidelines for 

13 Federal prosecutors to ensure that any prosecution 

14 of an alien seeking entry into the United States by 

15 fraud is consistent with the United States treaty ob16 ligations under Article 31(1) of the Convention Re17 lating to the Status of Refugees, done at Geneva 

18 July 28, 1951 (as made applicable by the Protocol 

19 Relating to the Status of Refugees, done at New 

20 York January 31, 1967 (19 UST 6223)). 

21 (2) NO PRIVATE RIGHT OF ACTION.—The 

22 guidelines developed pursuant to paragraph (1), and 

23 any internal office procedures related to such guide24 lines, are intended solely for the guidance of attor25 neys of the United States. This subsection, such 


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1 guidelines, and the process for developing such 

2 guidelines are not intended to, do not, and may not 

3 be relied upon to create any right or benefit, sub4 stantive or procedural, enforceable at law by any 

5 party in any administrative, civil, or criminal matter. 

6 (3) WAIVER.—The Secretary may grant a waiv7 er from prosecution under chapter 75 of title 18, 

8 United States Code, as amended by section 211 of 

9 this Act, to a person— 

10 (A) seeking protection, classification, or 

11 status under section 208 or 241(b)(3) of the 

12 Immigration and Nationality Act, or relief 

13 under the Convention against Torture and 

14 Other Cruel, Inhuman or Degrading Treatment 

15 or Punishment done at New York, December 

16 10, 1994, pursuant to title 8, Code of Federal 

17 Regulations; 

18 (B) referred for a credible fear interview, 

19 a reasonable fear interview, or an asylum-only 

20 hearing under section 235 of the Immigration 

21 and Nationality Act or title 8, Code of Federal 

22 Regulations; or 

23 (C) has filed an application for classifica24 tion or status under paragraph (15)(T), 

25 (15)(U), (27)(J), or (51) of section 101(a) of 


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1 the Immigration and Nationality Act, section 

2 216(c)(4)(C), 240A(b)(2), or section 244(a)(3) 

3 of such Act. 

4 (d) DIPLOMATIC SECURITY SERVICE.—Section 

5 37(a)(1) of the State Department Basic Authorities Act 

6 of 1956 (22 U.S.C. 2709(a)(1)) is amended to read as 

7 follows: 

8 ‘‘(1) conduct investigations concerning— 

9 ‘‘(A) illegal passport or visa issuance or 

10 use; 

11 ‘‘(B) identity theft or document fraud af12 fecting or relating to the programs, functions, 

13 and authorities of the Department of State; 

14 ‘‘(C) violations of chapter 77 of title 18, 

15 United States Code; and 

16 ‘‘(D) Federal offenses committed within 

17 the special maritime and territorial jurisdiction 

18 defined in paragraph (9) of section 7 of title 

19 18, United States Code;’’. 


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1 Subtitle C—Detention and Removal 

2 of Aliens Who Illegally Enter or 

3 Remain in the United States 

4 SEC. 231. DETENTION AND REMOVAL OF ALIENS ORDERED 

5 REMOVED. 

6 (a) IN GENERAL.—Section 241(a) (8 U.S.C. 

7 1231(a)) is amended— 

8 (1) in paragraph (1)(A), by striking ‘‘Attorney 

9 General’’ and inserting ‘‘Secretary of Homeland Se10 curity’’; 

11 (2) in paragraphs (3), (4), (5), (6), and (7), by 

12 striking ‘‘Attorney General’’ each place it appears 

13 and inserting ‘‘Secretary’’; 

14 (3) in paragraph (1)— 

15 (A) by amending subparagraph (C) to read 

16 as follows: 

17 ‘‘(C) EXTENSION OF REMOVAL PERIOD.— 

18 ‘‘(i) IN GENERAL.—The Secretary 

19 shall extend the removal period for more 

20 than a period of 90 days and the alien may 

21 remain in detention during such extended 

22 period if, during the removal period— 

23 ‘‘(I) the alien— 

24 ‘‘(aa) fails or refuses to 

25 make timely application in good 


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1 faith for travel or other docu2 ments necessary for the alien to 

3 depart the United States; or 

4 ‘‘(bb) conspires or acts to 

5 prevent the removal of the alien 

6 subject to an order of removal; 

7 and 

8 ‘‘(II) the Secretary makes a cer9 tification described in paragraph 

10 (8)(B) for such alien. 

11 ‘‘(ii) STAY OF REMOVAL.—An alien 

12 seeking a stay of removal from an immi13 gration judge, a Federal judge, or the 

14 Board of Immigration Appeals shall not be 

15 deemed under any provision of law to be 

16 conspiring or acting to prevent the removal 

17 of the alien. 

18 ‘‘(iii) REVIEW.—The procedures de19 scribed in paragraph (8)(E) shall apply to 

20 actions taken under this subparagraph.’’; 

21 and 

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

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

24 time described in clause (i), (ii), or (iii) of sub25 paragraph (B), the alien is not in the custody 


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1 of the Secretary under the authority of this Act, 

2 the removal period shall not begin until the 

3 alien is taken into such custody. If the Sec4 retary lawfully transfers custody of the alien 

5 during the removal period to another Federal 

6 agency or to a State or local government agency 

7 in connection with the official duties of such 

8 agency, the removal period shall be tolled until 

9 the date on which the alien is returned to the 

10 custody of the Secretary.’’; 

11 (4) by amending paragraph (2) to read as fol12 lows: 

13 ‘‘(2) DETENTION.—During the removal period, 

14 the Secretary shall detain the alien. Under no cir15 cumstances during the removal period shall the Sec16 retary release an alien who has been found inadmis17 sible under section 212(a)(2) or 212(a)(3)(B) or de18 portable under section 237(a)(2) or 1227(a)(4)(B). 

19 If a court, the Board of Immigration Appeals, or an 

20 immigration judge orders a stay of removal of an 

21 alien who is subject to an administratively final 

22 order of removal, the Secretary, in the exercise of 

23 discretion, may detain or supervise the alien during 

24 the pendency of such stay of removal, subject to the 


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1 limitations set forth in subparagraphs (3), (6), and 

2 (8).’’; 

3 (5) in paragraph (3)— 

4 (A) in the matter preceding subparagraph 

5 (A), by striking ‘‘If’’ and inserting ‘‘Subject to 

6 the requirements of paragraphs (6) and (8), if’’; 

7 and 

8 (B) by striking subparagraph (D) and in9 serting the following: 

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

11 alien’s conduct or activities, or to perform af12 firmative acts prescribed by the Secretary— 

13 ‘‘(i) to prevent the alien from ab14 sconding; or 

15 ‘‘(ii) to protect the community; 

16 ‘‘(E) if appropriate— 

17 ‘‘(i) to utilize an electronic monitoring 

18 device; 

19 ‘‘(ii) to complete parole and probation 

20 requirements for aliens with outstanding 

21 obligations under Federal or State law; 

22 and 

23 ‘‘(F) to comply with any other conditions 

24 of such supervision that the Secretary deter25 mines is appropriate.’’; 


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1 (6) in paragraph (6), by inserting ‘‘, subject to 

2 the provisions of paragraph (8)’’ after ‘‘beyond the 

3 removal period’’; 

4 (7) by redesignating paragraph (7) as para5 graph (11); 

6 (8) by inserting after paragraph (6) the fol7 lowing: 

8 ‘‘(7) PAROLE.— 

9 ‘‘(A) IN GENERAL.—If an alien detained 

10 pursuant to paragraph (6) is an applicant for 

11 admission and is released from detention, such 

12 release shall be considered to be made as an ex13 ercise of the Secretary’s parole authority under 

14 212(d)(5). Notwithstanding section 212(d)(5), 

15 the Secretary may provide that the alien shall 

16 not be returned to custody unless— 

17 ‘‘(i) the alien violates the conditions of 

18 the alien’s parole under this section; 

19 ‘‘(ii) the alien’s removal becomes rea20 sonably foreseeable; or 

21 ‘‘(iii) the alien violates the conditions 

22 set out in paragraph (3). 

23 ‘‘(B) NOT AN ADMISSION.—Under no cir24 cumstance shall an alien paroled under this secVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 tion be considered admitted to the United 

2 States. 

3 ‘‘(8) ADDITIONAL RULES FOR DETENTION OR

4 RELEASE OF ALIENS BEYOND REMOVAL PERIOD.— 

5 ‘‘(A) DETENTION AFTER REMOVAL PE6 RIOD.—The Secretary is authorized to detain 

7 an alien who has effected an entry into the 

8 United States— 

9 ‘‘(i) for not more than 90 days beyond 

10 the removal period if the Secretary is seek11 ing to make a certification described in 

12 subparagraph (B) for the alien; or 

13 ‘‘(ii) for more than 90 days beyond 

14 the removal period if the Secretary has 

15 made a certification described in subpara16 graph (B) for the alien, subject to the con17 ditions set out in this paragraph. 

18 ‘‘(B) CERTIFICATION.—A certification de19 scribed in this subparagraph is a written certifi20 cation made by the Secretary in which the Sec21 retary determines— 

22 ‘‘(i) that the alien is significantly like23 ly to be removed in the reasonably foresee24 able future; 


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1 ‘‘(ii) that the alien has failed to make 

2 a timely application, in good faith, for 

3 travel documents or has otherwise con4 spired or acted to prevent the removal of 

5 the alien; 

6 ‘‘(iii) that the alien would have been 

7 removed if the alien had not— 

8 ‘‘(I) failed or refused to make all 

9 reasonable efforts to comply with the 

10 removal order; 

11 ‘‘(II) failed or refused to fully co12 operate with the efforts of the Sec13 retary to establish the alien’s identity 

14 and carry out the removal order, in15 cluding failing to submit a timely ap16 plication, in good faith, for travel or 

17 other documents necessary for the 

18 alien’s departure from the United 

19 States; or 

20 ‘‘(III) conspired or acted to pre21 vent such removal; 

22 ‘‘(iv) in consultation with the Sec23 retary of Health and Human Services, that 

24 the alien has a highly contagious disease 

25 that poses a threat to public safety, in 


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1 which case the alien may be quarantined in 

2 a civil medical facility; 

3 ‘‘(v) on the basis of information avail4 able to the Secretary (including classified 

5 and national security information), regard6 less of the grounds upon which the alien 

7 was ordered removed and pursuant to a 

8 written certification under section 236A, 

9 that there is reason to believe that the re10 lease of the alien would threaten the na11 tional security of the United States; or 

12 ‘‘(vi) that the release of the alien 

13 would threaten the safety of the commu14 nity, notwithstanding conditions of release 

15 designed to ensure the safety of the com16 munity or any person and the alien— 

17 ‘‘(I) has been convicted of 1 or 

18 more aggravated felonies (as defined 

19 in section 101(a)(43)(A)), or of 1 or 

20 more attempts or conspiracies to com21 mit any such aggravated felonies for 

22 which the alien served an aggregate 

23 term of imprisonment of at least 5 

24 years and the alien is likely to engage 

25 in acts of violence in the future; or 


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1 ‘‘(II) because of a mental condi2 tion or personality disorder (certified 

3 under section 232(b)) and behavior 

4 associated with that condition or dis5 order, is likely to engage in acts of vi6 olence in the future, in which case the 

7 alien may be referred for review and 

8 evaluation for civil commitment pur9 suant to the civil commitment statute 

10 of the State in which the alien resides. 

11 ‘‘(C) DELEGATION.—Notwithstanding any 

12 other provision of law, the Secretary may not 

13 delegate the authority to make a certification 

14 described in subparagraph (B) to any official 

15 lower than the Assistant Secretary for Immi16 gration and Customs Enforcement. 

17 ‘‘(D) ADMINISTRATIVE REVIEW.— 

18 ‘‘(i) IN GENERAL.—The Secretary 

19 shall establish an administrative review 

20 process to permit an alien to appeal a deci21 sion by the Secretary to detain the alien 

22 after the removal period under subpara23 graph (A) or to extend the removal period 

24 for the alien under paragraph (1)(C). 


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1 ‘‘(ii) REVIEW.—An immigration judge 

2 shall review a determination by the Sec3 retary to detain an alien under subpara4 graph (A) or paragraph (1)(C). An immi5 gration judge shall uphold such determina6 tion of the Secretary if the Secretary es7 tablishes at a hearing, by clear and con8 vincing evidence, that such detention is au9 thorized under subparagraph (A) or para10 graph (1)(C). In making this determina11 tion, the court shall disclose, if otherwise 

12 discoverable, to the alien, the counsel of 

13 the alien, or both, under procedures and 

14 standards set forth in the Classified Infor15 mation Procedures Act (18 U.S.C. App.), 

16 any evidence that the Secretary relied on 

17 in making a determination under this sec18 tion unless the court finds that such disclo19 sure would not assist in determining any 

20 legal or factual issue pertinent to the case. 

21 The decision of the immigration judge 

22 shall not be subject to appeal, but shall be 

23 reviewable in a habeas corpus proceeding 

24 under section 2241 of title 28, United 

25 States Code. 


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1 ‘‘(E) RENEWAL OF EXTENDED DETEN2 TION.— 

3 ‘‘(i) RENEWAL OF DETENTION.—The 

4 Secretary may renew a certification under 

5 subparagraph (B) every 180 days after 

6 providing the alien with an opportunity to 

7 submit documents or other evidence in 

8 support of release. Unless the Secretary 

9 determines that continued detention under 

10 subparagraph (A) or paragraph (1)(C) is 

11 warranted, the Secretary shall release the 

12 alien subject to the conditions of super13 vision described in paragraph (3). 

14 ‘‘(ii) REVIEW.—Any renewal of a cer15 tification under clause (i) shall be subject 

16 to review as described in subparagraph (E) 

17 and any such review shall be completed be18 fore the date that is 180 days after the 

19 date the alien’s detention was continued 

20 under subparagraph (A) or paragraph 

21 (1)(C) or the date of the previous renewal 

22 of such detention under clause (i). 

23 ‘‘(F) APPLICABILITY.—This paragraph 

24 and paragraphs (6) and (7) shall apply to any 

25 alien returned to custody under paragraph (9) 


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1 as if the removal period terminated on the day 

2 of the redetention. 

3 ‘‘(9) REDETENTION.—The Secretary may not 

4 detain any alien subject to a final removal order who 

5 has previously been released from custody unless— 

6 ‘‘(A) the alien fails to comply with the con7 ditions of departure applicable to the alien; 

8 ‘‘(B) the alien fails to continue to satisfy 

9 the conditions of supervision under paragraph 

10 (3); or 

11 ‘‘(C) upon reconsideration, the Secretary 

12 makes a certification for the alien described in 

13 paragraph (8)(B). 

14 ‘‘(10) JUDICIAL REVIEW.—Without regard to 

15 the place of confinement, judicial review of any ac16 tion or decision made pursuant to paragraph (6), 

17 (7), or (8) shall be available exclusively in a habeas 

18 corpus proceeding brought in a United States dis19 trict court in the judicial district in which the alien 

20 is detained or in which the alien’s removal pro21 ceeding was initiated.’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 this section— 

24 (1) shall take effect on the date of the enact25 ment of this Act; and 


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1 (2) shall apply to— 

2 (A) any alien subject to a final administra3 tive removal, deportation, or exclusion order 

4 that was issued before, on, or after the date of 

5 the enactment of this Act; and 

6 (B) any act or condition occurring or exist7 ing before, on, or after the date of the enact8 ment of this Act. 

9 SEC. 232. INCREASED CRIMINAL PENALTIES FOR IMMIGRA10 TION VIOLATIONS. 

11 (a) PENDING PROCEEDINGS.—Section 204(b) (8 

12 U.S.C. 1154(b)) is amended by adding at the end ‘‘A peti13 tion may not be approved under this section if the peti14 tioner has been found removable from the United States.’’. 

15 (b) CONDITIONAL PERMANENT RESIDENT STA16 TUS.— 

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

18 1186a(e)) is amended by inserting ‘‘if the alien ap19 plied for the removal of condition not less than 90 

20 days before applying for naturalization’’ before the 

21 period at the end. 

22 (2) CERTAIN ALIEN ENTREPRENEURS.—Section 

23 216A(e) (8 U.S.C. 1186b(e)) is amended by insert24 ing ‘‘if the alien applied for the removal of condition 


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1 not less than 90 days before applying for naturaliza2 tion’’ before the period at the end. 

3 (c) CONCURRENT NATURALIZATION AND REMOVAL

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

5 to read as follows: 

6 ‘‘SEC. 318. PREREQUISITE TO NATURALIZATION; BURDEN 

7 OF PROOF. 

8 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

9 this title, no person shall be naturalized unless the person 

10 has been lawfully admitted to the United States for per11 manent residence in accordance with all applicable provi12 sions of this Act. The burden of proof shall be upon such 

13 person to show that the person entered the United States 

14 lawfully, and the time, place, and manner of such entry 

15 into the United States, but in presenting such proof the 

16 person shall be entitled to the production of the person’s’s 

17 immigrant visa, if any, or of other entry document, if any, 

18 and of any other documents and records, not considered 

19 by the Secretary of Homeland Security to be confidential, 

20 pertaining to such entry, in the custody of the Department 

21 of Homeland Security. 

22 ‘‘(b) OTHER PROCEEDINGS.—Notwithstanding the 

23 provisions of section 405(b), and except as provided in sec24 tions 328 and 329, no person shall be naturalized against 

25 whom there is outstanding a final finding of deportability 


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1 pursuant to a warrant of arrest issued under the provi2 sions of this or any other Act and no application for natu3 ralization shall be considered by the Secretary of Home4 land Security or any court if there is pending against the 

5 applicant any removal proceeding or other proceeding to 

6 determine the applicant’s inadmissibility or deportability, 

7 or to determine whether the applicant’s lawful permanent 

8 resident status should be rescinded, if the removal pro9 ceeding or other proceeding was commenced before a final 

10 agency decision on naturalization made pursuant to a 

11 hearing requested under section 336(a). The findings of 

12 the Secretary in terminating removal proceedings or can13 celing the removal of an alien under this Act shall not 

14 be binding upon the Secretary in determining whether 

15 such person has established eligibility for naturalization 

16 under this title.’’. 

17 (d) DISTRICT COURT JURISDICTION.—Section 

18 336(b) (8 U.S.C. 1447(b)) is amended to read as follows: 

19 ‘‘(b) REQUEST FOR HEARING BEFORE DISTRICT

20 COURT.—If a final administrative decision is not rendered 

21 under section 335 before the end of the 180-day period 

22 beginning on the date on which the examination is con23 ducted under such section, the applicant may apply to the 

24 United States district court for the district in which the 


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1 applicant resides for a hearing on the matter. Such court 

2 has jurisdiction over the matter and may— 

3 ‘‘(1) determine the matter; or 

4 ‘‘(2) remand the matter, with appropriate in5 structions, to the Secretary of Homeland Security, 

6 to determine the matter.’’. 

7 (e) EFFECTIVE DATE.—The amendments made by 

8 this section— 

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

10 after the date of enactment of this Act; and 

11 (2) shall apply to any application for natu12 ralization or any case or matter under the immigra13 tion laws filed on or after such date of enactment. 

14 SEC. 233. AGGRAVATED FELONY. 

15 (a) DEFINITION OF AGGRAVATED FELONY.—Section 

16 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended— 

17 (1) in the matter preceding subparagraph (A), 

18 by striking ‘‘The term ‘aggravated felony’ means— 

19 ’’ and inserting ‘‘Notwithstanding any other provi20 sion of law, the term ‘aggravated felony’ applies to 

21 an offense described in this paragraph, whether in 

22 violation of Federal or State law, and to such an of23 fense in violation of the law of a foreign country for 

24 which the term of imprisonment was completed with25 in the previous 15 years, and regardless of whether 


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1 the conviction was entered before, on, or after Sep2 tember 30, 1996 and means—’’; 

3 (2) in subparagraph (N), by striking ‘‘para4 graph (1)(A) or (2) of’’ and inserting ‘‘paragraph 

5 (1)(A), (2), or (4) of’’; and 

6 (3) by striking the undesignated matter fol7 lowing subparagraph (U). 

8 (b) EFFECTIVE DATE AND APPLICATION.— 

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

10 subsection (a) shall— 

11 (A) take effect on the date of enactment of 

12 this Act; and 

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

14 after the date of enactment of this Act. 

15 (2) APPLICATION OF IIRAIRA AMENDMENTS.— 

16 The amendments to section 101 (a)(43) of the Im17 migration and Nationality Act made by section 321 

18 of the Illegal Immigration Reform and Immigrant 

19 Responsibility Act of 1996 (division C of Public Law 

20 104–208; 110 Stat. 3009–627) shall continue to 

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

22 or after September 30, 1996. 


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1 SEC. 234. 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 has 

15 been convicted of a crime under section 521 of 

16 title 18, United States Code, is inadmissible.’’. 

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

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

19 the following: 

20 ‘‘(F) MEMBERS OF CRIMINAL STREET

21 GANGS.—Unless the Secretary of Homeland Se22 curity or the Attorney General waives the appli23 cation of this subparagraph, any alien who has 

24 been convicted of a crime under section 521 of 

25 title 18, United States Code, is deportable.’’. 


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1 (3) TEMPORARY PROTECTED STATUS.—Section 

2 244 (8 U.S.C. 1254a) is amended— 

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

4 place it appears and inserting ‘‘Secretary of 

5 Homeland Security’’; 

6 (B) in subsection (c)(2)(B)— 

7 (i) in clause (i), by striking ‘‘, or’’ at 

8 the end; 

9 (ii) in clause (ii), by striking the pe10 riod at the end and inserting ‘‘; or’’; and 

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

13 ‘‘(iii) the alien has been convicted of 

14 a crime under section 521 of title 18, 

15 United States Code.’’; and 

16 (C) in subsection (d)— 

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

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

19 end the following: ‘‘The Secretary of 

20 Homeland Security shall detain an alien 

21 provided temporary protected status under 

22 this section if the alien is subject to deten23 tion under section 236(c)(1).’’. 

24 (b) PENALTIES RELATED TO REMOVAL.—Section 

25 243 (8 U.S.C. 1253) is amended— 


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1 (1) in subsection (a)(1)— 

2 (A) in the matter preceding subparagraph 

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

4 and 

5 (B) in the matter following subparagraph 

6 (D)— 

7 (i) by striking ‘‘or imprisoned not 

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

9 imprisoned for not more than 5 years’’; 

10 and 

11 (ii) by striking ‘‘, or both’’; and 

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

13 than $1000 or imprisoned for not more than one 

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

15 States Code, and imprisoned for not more than 5 

16 years (or for not more than 10 years if the alien is 

17 removable under paragraph (1)(E), (2), or (4) of 

18 section 237(a)).’’. 

19 (c) ALIEN SMUGGLING AND RELATED OFFENSES.— 

20 (1) IN GENERAL.—Section 274 (8 U.S.C. 1324) 

21 is amended— 

22 (A) by striking the section heading and all 

23 that follows through subsection (a)(1)(B)(iii); 

24 (B) by striking subsection (a)(1)(C) and 

25 all that follows through the end; 


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1 (C) by redesignating subsection 

2 (a)(1)(B)(iv) as subparagraph (G) and indent3 ing such subparagraph (G) four ems from the 

4 left margin; 

5 (D) by amending subparagraph (G), as re6 designated by subparagraph (C), by striking ‘‘in 

7 the case of a violation of subparagraph (A) (i), 

8 (ii), (iii), (iv), or (v) resulting’’ and inserting ‘‘if 

9 the offense resulted’’; 

10 (E) by inserting before subparagraph (G), 

11 as redesignated by subparagraph (C), the fol12 lowing: 

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

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

15 ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro16 vided in paragraph (3), a person shall be punished 

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

18 ‘‘(A) encourages, directs, or induces a per19 son to come to or enter the United States, or 

20 to cross the border to the United States, know21 ing or in reckless disregard of the fact that 

22 such person is an alien who lacks lawful author23 ity to come to, enter, or cross the border to the 

24 United States; 


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1 ‘‘(B) encourages, directs, or induces a per2 son to come to or enter the United States, or 

3 to cross the border to the United States, at a 

4 place other than a designated port of entry or 

5 place other than as designated by the Secretary 

6 of Homeland Security, knowing or in reckless 

7 disregard of the fact that such person is an 

8 alien and regardless of whether such alien has 

9 official permission or lawful authority to be in 

10 the United States; 

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

12 or shields from detection a person outside of 

13 the United States knowing or in reckless dis14 regard of the fact that such person is an alien 

15 in unlawful transit from 1 country to another 

16 or on the high seas, under circumstances in 

17 which the alien is seeking to enter the United 

18 States without official permission or legal au19 thority; 

20 ‘‘(D) encourages or induces a person to re21 side in the United States, knowing or in reck22 less disregard of the fact that such person is an 

23 alien who lacks lawful authority to reside in the 

24 United States; 


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

2 United States, knowing or in reckless disregard 

3 of the fact that such person is an alien who 

4 lacks lawful authority to enter or be in the 

5 United States, if the transportation or move6 ment will further the alien’s illegal entry into or 

7 illegal presence in the United States; 

8 ‘‘(F) harbors, conceals, or shields from de9 tection a person in the United States, knowing 

10 or in reckless disregard of the fact that such 

11 person is an alien who lacks lawful authority to 

12 be in the United States; or 

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

14 of the acts described in subparagraphs (A) 

15 through (F). 

16 ‘‘(2) CRIMINAL PENALTIES.—A person who vio17 lates any provision under paragraph (1)— 

18 ‘‘(A) except as provided in subparagraphs 

19 (C) through (G), if the offense was not com20 mitted for commercial advantage, profit, or pri21 vate financial gain, shall be fined under title 18, 

22 United States Code, imprisoned for not more 

23 than 5 years, or both; 

24 ‘‘(B) except as provided in subparagraphs 

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


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1 for commercial advantage, profit, or private fi2 nancial gain— 

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

4 first violation under this subparagraph, 

5 shall be fined under such title, imprisoned 

6 for not more than 15 years, or both; or 

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

8 second or subsequent violation of this sub9 paragraph, shall be fined under such title, 

10 imprisoned for not more than 20 years, or 

11 both; 

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

13 commission of any other offense against the 

14 United States or any State that is punishable 

15 by imprisonment for more than 1 year, shall be 

16 fined under such title, imprisoned for not more 

17 than 20 years, or both; 

18 ‘‘(D) shall be fined under such title, im19 prisoned not more than 20 years, or both, if the 

20 offense created a substantial and foreseeable 

21 risk of death, a substantial and foreseeable risk 

22 of serious bodily injury (as defined in section 

23 2119(2) of title 18, United States Code), or in24 humane conditions to another person, includ25 ing— 


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1 ‘‘(i) transporting the person in an en2 gine compartment, storage compartment, 

3 or other confined space; 

4 ‘‘(ii) transporting the person at an ex5 cessive speed or in excess of the rated ca6 pacity of the means of transportation; or 

7 ‘‘(iii) transporting the person in, har8 boring the person in, or otherwise sub9 jecting the person to crowded or dangerous 

10 conditions; 

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

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

13 United States Code) to any person, shall be 

14 fined under such title, imprisoned for not more 

15 than 30 years, or both; 

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

17 imprisoned for not more than 30 years if the 

18 offense involved an alien who the offender knew 

19 was— 

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

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

22 ‘‘(ii) intending to engage in terrorist 

23 activity; and’’ 


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1 (F) by inserting after subparagraph (G), 

2 as redesignated by subparagraph (C), the fol3 lowing: 

4 ‘‘(4) LIMITATION.—It is not a violation of sub5 paragraph (D), (E), or (F) of paragraph (1)— 

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

7 bona fide nonprofit, religious organization in 

8 the United States, or the agents or officers of 

9 such denomination or organization, to encour10 age, invite, call, allow, or enable an alien who 

11 is present in the United States to perform the 

12 vocation of a minister or missionary for the de13 nomination or organization in the United States 

14 as a volunteer who is not compensated as an 

15 employee, notwithstanding the provision of 

16 room, board, travel, medical assistance, and 

17 other basic living expenses, provided the min18 ister or missionary has been a member of the 

19 denomination for at least 1 year; or 

20 ‘‘(B) for an individual or organization act21 ing without compensation or expectation of 

22 compensation and not previously convicted of a 

23 violation of this section, to— 

24 ‘‘(i) provide, or attempt to provide, an 

25 alien who is present in the United States 


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1 with humanitarian assistance, including 

2 medical care, housing, counseling, victim 

3 services, and food; or 

4 ‘‘(ii) transport the alien to a location 

5 where such assistance can be rendered. 

6 ‘‘(5) EXTRATERRITORIAL JURISDICTION.— 

7 There is extraterritorial Federal jurisdiction over the 

8 offenses described in this subsection.’’; and 

9 (G) by striking subsections (b) through (e) 

10 and inserting the following: 

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

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

13 Any person who, during any 12-month period, know14 ingly employs 10 or more individuals with actual 

15 knowledge or in reckless disregard of the fact that 

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

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

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

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

20 paragraph is an alien who— 

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

22 in section 274A); 

23 ‘‘(B) is present in the United States with24 out lawful authority; and 


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1 ‘‘(C) has been brought into the United 

2 States in violation of this subsection. 

3 ‘‘(c) SEIZURE AND FORFEITURE.— 

4 ‘‘(1) IN GENERAL.—Any conveyance used to 

5 commit or facilitate the commission of a violation of 

6 this section, the gross proceeds of such violation, 

7 and any property traceable to such property or pro8 ceeds, shall be subject to forfeiture. 

9 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and 

10 forfeitures under this subsection shall be governed 

11 by the provisions of chapter 46 of title 18, United 

12 States Code, relating to civil forfeitures, except that 

13 such duties as are imposed upon the Secretary of 

14 the Treasury under the customs laws described in 

15 section 981(d) shall be performed by such officers, 

16 agents, and other persons as may be designated for 

17 that purpose by the Secretary of Homeland Security. 

18 ‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA19 TIONS OF VIOLATIONS.—In determining whether a 

20 violation of subsection (a) has occurred, prima facie 

21 evidence that an alien involved in the alleged viola22 tion lacks lawful authority to come to, enter, or re23 side in the United States, or that such alien had 

24 come to, entered, or resided in the United States in 

25 violation of law shall include— 


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1 ‘‘(A) any order, finding, or determination 

2 concerning the alien’s status or lack of status 

3 made by a Federal judge or administrative ad4 judicator (including an immigration judge or 

5 immigration officer) during any judicial or ad6 ministrative proceeding authorized under Fed7 eral immigration law; 

8 ‘‘(B) official records of the Department of 

9 Homeland Security, the Department of Justice, 

10 or the Department of State concerning the 

11 alien’s status or lack of status; and 

12 ‘‘(C) testimony by an immigration officer 

13 having personal knowledge of the facts con14 cerning the alien’s status or lack of status. 

15 ‘‘(d) AUTHORITY TO ARREST.—No officer or person 

16 shall have authority to make any arrests for a violation 

17 of any provision of this section except— 

18 ‘‘(1) officers and employees designated by the 

19 Secretary of Homeland Security, either individually 

20 or as a member of a class; and 

21 ‘‘(2) other officers responsible for the enforce22 ment of Federal criminal laws. 

23 ‘‘(e) ADMISSIBILITY OF VIDEOTAPED WITNESS TES24 TIMONY.—Notwithstanding any provision of the Federal 

25 Rules of Evidence, the videotaped or otherwise audioVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 visually preserved deposition of a witness to a violation 

2 of subsection (a) who has been deported or otherwise ex3 pelled from the United States, or is otherwise unavailable 

4 to testify, may be admitted into evidence in an action 

5 brought for that violation if— 

6 ‘‘(1) the witness was available for cross exam7 ination at the deposition by the party, if any, oppos8 ing admission of the testimony; and 

9 ‘‘(2) the deposition otherwise complies with the 

10 Federal Rules of Evidence. 

11 ‘‘(f) OUTREACH PROGRAM.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

13 Security, in consultation with the Attorney General 

14 and the Secretary of State, as appropriate, shall— 

15 ‘‘(A) develop and implement an outreach 

16 program to educate people in and out of the 

17 United States about the penalties for bringing 

18 in and harboring aliens in violation of this sec19 tion; and 

20 ‘‘(B) establish the American Local and In21 terior Enforcement Needs (ALIEN) Task Force 

22 to identify and respond to the use of Federal, 

23 State, and local transportation infrastructure to 

24 further the trafficking of unlawful aliens within 

25 the United States. 


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1 ‘‘(2) FIELD OFFICES.—The Secretary of Home2 land Security, after consulting with State and local 

3 government officials, shall establish such field offices 

4 as may be necessary to carry out this subsection. 

5 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated such sums 

7 are necessary for the fiscal years 2008 through 2012 

8 to carry out this subsection.’’. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents is amended by striking the item relating to sec11 tion 274 and inserting the following: 

‘‘Sec. 274. Alien smuggling and related offenses.’’. 

12 (d) PROHIBITING CARRYING OR USING A FIREARM

13 DURING AND IN RELATION TO AN ALIEN SMUGGLING

14 CRIME.—Section 924(c) of title 18, United States Code, 

15 is amended— 

16 (1) in paragraph (1)— 

17 (A) in subparagraph (A), by inserting ‘‘, 

18 alien smuggling crime,’’ after ‘‘any crime of vio19 lence’’; 

20 (B) in subparagraph (A), by inserting ‘‘, 

21 alien smuggling crime,’’ after ‘‘such crime of vi22 olence’’; 

23 (C) in subparagraph (D)(ii), by inserting 

24 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio25 lence’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(6) For purposes of this subsection, the term ‘alien 

3 smuggling crime’ means any felony punishable under sec4 tion 274(a), 277, or 278 of the Immigration and Nation5 ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 

6 SEC. 235. ILLEGAL ENTRY. 

7 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 

8 amended to read as follows: 

9 ‘‘SEC. 275. ILLEGAL ENTRY. 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) CRIMINAL OFFENSES.—An alien shall be 

12 subject to the penalties set forth in paragraph (2) if 

13 the alien— 

14 ‘‘(A) knowingly enters or crosses the bor15 der into the United States at any time or place 

16 other than as designated by the Secretary of 

17 Homeland Security; 

18 ‘‘(B) knowingly eludes examination or in19 spection by an immigration officer (including 

20 failing to stop at the command of such officer), 

21 or a customs or agriculture inspection at a port 

22 of entry; or 

23 ‘‘(C) knowingly enters or crosses the bor24 der to the United States by means of a willfully 

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1 ing concealment of a material fact (including 

2 such representation or concealment in the con3 text of arrival, reporting, entry, or clearance re4 quirements of the customs laws, immigration 

5 laws, agriculture laws, or shipping laws). 

6 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

7 violates any provision under paragraph (1)— 

8 ‘‘(A) shall, for the first violation, be fined 

9 under title 18, United States Code, imprisoned 

10 not more than 6 months, or both; 

11 ‘‘(B) shall, for a second or subsequent vio12 lation, or following an order of voluntary depar13 ture, be fined under such title, imprisoned not 

14 more than 2 years, or both; 

15 ‘‘(C) if the violation occurred after the 

16 alien had been convicted of 3 or more mis17 demeanors or for a felony, shall be fined under 

18 such title, imprisoned not more than 5 years, or 

19 both; 

20 ‘‘(D) if the violation occurred after the 

21 alien had been convicted of a felony for which 

22 the alien received a term of imprisonment of 

23 not less than 30 months, shall be fined under 

24 such title, imprisoned not more than 10 years, 

25 or both; and 


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1 ‘‘(E) if the violation occurred after the 

2 alien had been convicted of a felony for which 

3 the alien received a term of imprisonment of 

4 not less than 60 months, such alien shall be 

5 fined under such title, imprisoned not more 

6 than 15 years, or both. 

7 ‘‘(3) PRIOR CONVICTIONS.—The prior convic8 tions described in subparagraphs (C) through (E) of 

9 paragraph (2) are elements of the offenses described 

10 in that paragraph and the penalties in such subpara11 graphs shall apply only in cases in which the convic12 tion or convictions that form the basis for the addi13 tional penalty are— 

14 ‘‘(A) alleged in the indictment or informa15 tion; and 

16 ‘‘(B) proven beyond a reasonable doubt at 

17 trial or admitted by the defendant. 

18 ‘‘(4) ATTEMPT.—Whoever attempts to commit 

19 any offense under this section shall be punished in 

20 the same manner as for a completion of such of21 fense. 

22 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN23 ALTIES.—Any alien who is apprehended while entering, at24 tempting to enter, or knowingly crossing or attempting to 

25 cross the border to the United States at a time or place 


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1 other than as designated by immigration officers shall be 

2 subject to a civil penalty, in addition to any criminal or 

3 other civil penalties that may be imposed under any other 

4 provision of law, in an amount equal to— 

5 ‘‘(1) not less than $50 or more than $250 for 

6 each such entry, crossing, attempted entry, or at7 tempted crossing; or 

8 ‘‘(2) twice the amount specified in paragraph 

9 (1) if the alien had previously been subject to a civil 

10 penalty under this subsection.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 is amended by striking the item relating to section 275 

13 and inserting the following: 

‘‘Sec. 275. Illegal entry.’’. 

14 SEC. 236. ILLEGAL REENTRY. 

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

16 follows: 

17 ‘‘SEC. 276. REENTRY OF REMOVED ALIENS. 

18 ‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 

19 has been denied admission, excluded, deported, or re20 moved, or who has departed the United States while an 

21 order of exclusion, deportation, or removal is outstanding, 

22 and subsequently enters, attempts to enter, crosses the 

23 border to, attempts to cross the border to, or is at any 

24 time found in the United States, shall be fined under title 


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1 18, United States Code, imprisoned not more than 2 

2 years, or both. 

3 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not4 withstanding the penalty provided in subsection (a), if an 

5 alien described in that subsection— 

6 ‘‘(1) was convicted for 3 or more misdemeanors 

7 or a felony before such removal or departure, the 

8 alien shall be fined under title 18, United States 

9 Code, imprisoned not more than 10 years, or both; 

10 ‘‘(2) was convicted for a felony before such re11 moval or departure for which the alien was sen12 tenced to a term of imprisonment of not less than 

13 30 months, the alien shall be fined under such title, 

14 imprisoned not more than 15 years, or both; 

15 ‘‘(3) was convicted for a felony before such re16 moval or departure for which the alien was sen17 tenced to a term of imprisonment of not less than 

18 60 months, the alien shall be fined under such title, 

19 imprisoned not more than 20 years, or both; 

20 ‘‘(4) was convicted for 3 felonies before such re21 moval or departure, the alien shall be fined under 

22 such title, imprisoned not more than 20 years, or 

23 both; or 

24 ‘‘(5) was convicted, before such removal or de25 parture, for murder, rape, kidnaping, or a felony ofVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 fense described in chapter 77 (relating to peonage 

2 and slavery) or 113B (relating to terrorism) of such 

3 title, the alien shall be fined under such title, impris4 oned not more than 20 years, or both. 

5 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

6 alien who has been denied admission, excluded, deported, 

7 or removed 3 or more times and thereafter enters, at8 tempts to enter, crosses the border to, attempts to cross 

9 the border to, or is at any time found in the United States, 

10 shall be fined under title 18, United States Code, impris11 oned not more than 10 years, or both. 

12 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

13 convictions described in subsection (b) are elements of the 

14 crimes described in that subsection, and the penalties in 

15 that subsection shall apply only in cases in which the con16 viction or convictions that form the basis for the additional 

17 penalty are— 

18 ‘‘(1) alleged in the indictment or information; 

19 and 

20 ‘‘(2) proven beyond a reasonable doubt at trial 

21 or admitted by the defendant. 

22 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af23 firmative defense to a violation of this section that— 

24 ‘‘(1) prior to the alleged violation, the alien had 

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1 retary of Homeland Security to reapply for admis2 sion into the United States; 

3 ‘‘(2) with respect to an alien previously denied 

4 admission and removed, the alien— 

5 ‘‘(A) was not required to obtain such ad6 vance consent under this Act or any prior Act; 

7 and 

8 ‘‘(B) had complied with all other laws and 

9 regulations governing the alien’s admission into 

10 the United States; 

11 ‘‘(3) the prior order of removal was based on 

12 charges filed against the alien before the alien 

13 reached 18 years of age; or 

14 ‘‘(4) the alien has been found eligible for pro15 tection from removal pursuant to section 208. 

16 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN17 DERLYING REMOVAL ORDER.—In a criminal proceeding 

18 under this section, an alien may not challenge the validity 

19 of any prior removal order concerning the alien unless the 

20 alien demonstrates by clear and convincing evidence 

21 that— 

22 ‘‘(1) the alien exhausted all administrative rem23 edies that may have been available to seek relief 

24 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, acting without 

22 compensation or the expectation of compensation, to— 

23 ‘‘(1) provide, or attempt to provide, an alien 

24 with humanitarian assistance, including emergency 

25 medical care, food; or 


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1 ‘‘(2) transport the alien to a location where 

2 such assistance can be rendered.’’. 

3 TITLE III—EMPLOYMENT 

4 VERIFICATION 

5 SEC. 301. EMPLOYMENT VERIFICATION. 

6 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 

7 is amended to read as follows: 

8 ‘‘SEC. 274A. EMPLOYMENT VERIFICATION. 

9 ‘‘(a) MAKING EMPLOYMENT OF UNAUTHORIZED

10 ALIENS UNLAWFUL.— 

11 ‘‘(1) IN GENERAL.—It is unlawful for an em12 ployer— 

13 ‘‘(A) to hire, recruit, or refer for a fee an 

14 alien for employment in the United States 

15 knowing or with reckless disregard that the 

16 alien is an unauthorized alien with respect to 

17 such employment; or 

18 ‘‘(B) to hire in the United States an indi19 vidual unless such employer meets the require20 ments of subsections (b) and (c). 

21 ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw22 ful for an employer, after lawfully hiring an alien for 

23 employment, to continue to employ the alien in the 

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1 come) an unauthorized alien with respect to such 

2 employment. 

3 ‘‘(3) USE OF LABOR THROUGH CONTRACT.—An 

4 employer who uses a contract, subcontract, or ex5 change entered into, renegotiated, or extended after 

6 the date of the enactment of the STRIVE Act of 

7 2007, to obtain the labor of an alien in the United 

8 States knowing or with reckless disregard that the 

9 alien is an unauthorized alien with respect to per10 forming such labor, shall be considered to have hired 

11 the alien for employment in the United States in vio12 lation of paragraph (1)(A). 

13 ‘‘(4) ORDER OF INTERNAL REVIEW AND CER14 TIFICATION OF COMPLIANCE.— 

15 ‘‘(A) AUTHORITY TO REQUIRE CERTIFI16 CATION.—If the Secretary has reasonable cause 

17 to believe that an employer has failed to comply 

18 with this section, the Secretary is authorized, at 

19 any time, to require that the employer certify 

20 that the employer is in compliance with this 

21 section or has instituted a program to come 

22 into compliance with the section. 

23 ‘‘(B) CONTENT OF CERTIFICATION.—Not 

24 later than 60 days after the date an employer 

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1 paragraph (A) the employer shall certify under 

2 penalty of perjury that— 

3 ‘‘(i) the employer is in compliance 

4 with the requirements of subsections (b) 

5 and (c); or 

6 ‘‘(ii) that the employer has instituted 

7 a program to come into compliance with 

8 such requirements. 

9 ‘‘(C) EXTENSION.—The 60-day period re10 ferred to in subparagraph (B), may be extended 

11 by the Secretary for good cause, at the request 

12 of the employer. 

13 ‘‘(D) PUBLICATION.—The Secretary is au14 thorized to publish in the Federal Register 

15 standards or methods for certification under 

16 subparagraph (A) and for specific record17 keeping practices with respect to such certifi18 cation, and procedures for the audit of any 

19 records related to such certification. 

20 ‘‘(5) DEFENSE.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), an employer that establishes that 

23 the employer has complied in good faith, not24 withstanding a technical or procedural failure, 

25 with the requirements of subsections (b) and (c) 


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1 with respect to the hiring of an individual has 

2 established an affirmative defense that the em3 ployer has not violated paragraph (1)(B) with 

4 respect to such hiring. 

5 ‘‘(B) EXCEPTION.—Until the date that an 

6 employer is required to participate in the Elec7 tronic Employment Verification System under 

8 subsection (c), the employer may establish an 

9 affirmative defense under subparagraph (A) 

10 without a showing of compliance with sub11 section (c). 

12 ‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI13 FICATION CARDS.—Nothing in this title may be con14 strued to authorize, directly or indirectly, the 

15 issuance, use, or establishment of a national identi16 fication card or a national identification system. 

17 ‘‘(b) DOCUMENT VERIFICATION REQUIREMENTS.— 

18 An employer hiring an individual for employment in the 

19 United States shall verify that the individual is eligible for 

20 such employment by meeting the following requirements: 

21 ‘‘(1) ATTESTATION BY EMPLOYER.— 

22 ‘‘(A) REQUIREMENTS.— 

23 ‘‘(i) IN GENERAL.—The employer 

24 shall attest, under penalty of perjury and 

25 on a form prescribed by the Secretary, that 


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1 the employer has verified the identity and 

2 eligibility for employment of the individual 

3 by examining a document described in sub4 paragraph (B). 

5 ‘‘(ii) SIGNATURE REQUIREMENTS.— 

6 An attestation required by clause (i) may 

7 be manifested by a handwritten or elec8 tronic signature. 

9 ‘‘(iii) STANDARDS FOR EXAMINA10 TION.—An employer has complied with the 

11 requirement of this paragraph with respect 

12 to examination of a document if the docu13 ment examined reasonably appears on its 

14 face to be genuine and relates to the indi15 vidual whose identity and eligibility for em16 ployment in the United States is being 

17 verified. Nothing in this paragraph may be 

18 construed as requiring the employer to so19 licit the production of any other document 

20 or as requiring the individual to produce 

21 such other document. 

22 ‘‘(B) EMPLOYMENT AND IDENTIFICATION

23 DOCUMENTS.—A document described in this 

24 subparagraph is— 


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1 ‘‘(i) in the case of an individual who 

2 is a national of the United States— 

3 ‘‘(I) a United States passport; 

4 ‘‘(II) a biometric, machine read5 able, tamper-resistant Social Security 

6 card, as described in section 

7 205(c)(2)(G) of the Social Security 

8 Act (42 U.S.C. 405(c)(2)(G)); or 

9 ‘‘(III) a driver’s license or iden10 tity card issued by a State, the Com11 monwealth of the Northern Mariana 

12 Islands, or an outlying possession of 

13 the United States that satisfies the 

14 requirements of Division B of Public 

15 Law 109–13 (119 Stat. 302); 

16 ‘‘(ii) in the case of an alien who is 

17 lawfully admitted for permanent residence 

18 in the United States— 

19 ‘‘(I) a permanent resident card, 

20 as specified by the Secretary; or 

21 ‘‘(II) a biometric, machine read22 able, tamper-resistant Social Security 

23 card, as described in section 

24 205(c)(2)(G) of the Social Security 

25 Act (42 U.S.C. 405(c)(2)(G)); 


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1 ‘‘(iii) in the case of an alien who is 

2 not lawfully admitted for permanent resi3 dence and who is authorized under this Act 

4 or by the Secretary to be employed in the 

5 United States— 

6 ‘‘(I) an employment authorization 

7 card, as specified by the Secretary, 

8 that— 

9 ‘‘(aa) contains a photograph 

10 of the individual or other identi11 fying information, including 

12 name, date of birth, gender, and 

13 address; and 

14 ‘‘(bb) contains security fea15 tures to make the document re16 sistant to tampering, counter17 feiting, and fraudulent use; or 

18 ‘‘(II) a biometric, machine read19 able, tamper-resistant Social Security 

20 card, as described in section 

21 205(c)(2)(G) of the Social Security 

22 Act (42 U.S.C. 405(c)(2)(G)); 

23 ‘‘(iv) in the case of an individual who 

24 is unable to obtain a document described 


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1 in clause (i), (ii), or (iii), a document des2 ignated by the Secretary that— 

3 ‘‘(I) contains a photograph of the 

4 individual or other identifying infor5 mation, including name, date of birth, 

6 gender, and address; and 

7 ‘‘(II) contains security features 

8 to make the document resistant to 

9 tampering, counterfeiting, and fraudu10 lent use; or 

11 ‘‘(v) until the date that an employer is 

12 required to participate in the Electronic 

13 Employment Verification System under 

14 subsection (c) or is participating in such 

15 System on a voluntary basis, a document, 

16 or a combination of documents, of such 

17 type that, as of the date of the enactment 

18 of the STRIVE Act of 2007, the Secretary 

19 had established by regulation were suffi20 cient for purposes of this section. 

21 ‘‘(C) SPECIAL RULE FOR MINORS.—Not22 withstanding subparagraph (B), a minor who is 

23 under the age of 18 and who is unable to 

24 produce an identity document described in 


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1 clause (i) through (v) of subparagraph (B) is 

2 exempt from producing such a document if— 

3 ‘‘(i) a parent or legal guardian of the 

4 minor completes a form prescribed by the 

5 Secretary, and in the space for the minor’s 

6 signature, the parent or legal guardian 

7 writes the words, ‘minor under age 18’; 

8 ‘‘(ii) a parent or legal guardian of the 

9 minor completes a form prescribed by the 

10 Secretary, the ‘Preparer/Translator certifi11 cation’; and 

12 ‘‘(iii) the employer of the minor writes 

13 in a form prescribed by the Secretary, in 

14 the space after the words ‘Document Iden15 tification #’ the words, ‘minor under age 

16 18’. 

17 ‘‘(D) SPECIAL RULE FOR INDIVIDUALS

18 WITH DISABILITIES.—Notwithstanding subpara19 graph (B), an individual with a disability (as 

20 defined in section 3 of the Americans with Dis21 abilities Act of 1990 (42 U.S.C. 12102)) who is 

22 unable to produce an identity document de23 scribed in clause (i) through (v) of subpara24 graph (B), and who is being placed into em25 ployment by a nonprofit organization or assoVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 ciation or as part of a rehabilitation program, 

2 and an individual who demonstrates mental re3 tardation whether or not the individual partici4 pates in an employment placement program 

5 through a nonprofit organization or association 

6 or as part of a rehabilitation program, is ex7 empt from producing such a document if— 

8 ‘‘(i) a parent or legal guardian of the 

9 individual, or a representative from the 

10 nonprofit organization, association, or re11 habilitation program placing the individual 

12 into a position of employment completes a 

13 form prescribed by the Secretary, and in 

14 the space for the covered individual’s sig15 nature, writes the words, ‘special place16 ment’; 

17 ‘‘(ii) a parent or legal guardian of the 

18 individual or the program representative, 

19 completes a form prescribed by the Sec20 retary, the ‘Preparer/Translator certifi21 cation’; and 

22 ‘‘(iii) the employer of the covered indi23 vidual writes in a form prescribed by the 

24 Secretary, in the space after the words 


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1 ‘Document Identification #’ the words, 

2 ‘special placement’. 

3 ‘‘(E) AUTHORITY TO PROHIBIT USE OF

4 CERTAIN DOCUMENTS.— 

5 ‘‘(i) AUTHORITY.—If the Secretary 

6 finds that a document or class of docu7 ments described in clause (i) through (v) of 

8 subparagraph (B) is not reliable to estab9 lish identity or eligibility for employment 

10 (as the case may be) or is being used 

11 fraudulently to an unacceptable degree, the 

12 Secretary is authorized to prohibit, or im13 pose conditions on, the use of such docu14 ment or class of documents for purposes of 

15 this subsection. 

16 ‘‘(ii) REQUIREMENT FOR PUBLICA17 TION.—The Secretary shall publish notice 

18 of any findings under clause (i) in the Fed19 eral Register. 

20 ‘‘(2) ATTESTATION OF INDIVIDUAL.— 

21 ‘‘(A) IN GENERAL.—The individual shall 

22 attest, under penalty of perjury on a form pre23 scribed by the Secretary, that the individual 

24 is— 

25 ‘‘(i) a national of the United States; 


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1 ‘‘(ii) an alien lawfully admitted for 

2 permanent residence; or 

3 ‘‘(iii) an alien who is authorized under 

4 this Act or by the Secretary to be em5 ployed in the United States. 

6 ‘‘(B) SIGNATURE FOR EXAMINATION.—An 

7 attestation required by subparagraph (A) may 

8 be manifested by a handwritten or electronic 

9 signature. 

10 ‘‘(C) PENALTIES.—An individual who 

11 falsely represents that the individual is eligible 

12 for employment in the United States in an at13 testation required by subparagraph (A) shall, 

14 for each such violation, be subject to a fine of 

15 not more than $5,000, a term of imprisonment 

16 not to exceed 3 years, or both. 

17 ‘‘(3) RETENTION OF ATTESTATION.—The em18 ployer shall retain an attestation described in para19 graph (1) or (2) for an individual, either in elec20 tronic, paper, microfiche, or microfilm form, and 

21 make such attestations available for inspection by an 

22 officer of the Department of Homeland Security, 

23 any other person designated by the Secretary, the 

24 Special Counsel for Immigration-Related Unfair 


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1 Employment Practices of the Department of Justice, 

2 or the Secretary of Labor— 

3 ‘‘(A) during a period beginning on the date 

4 of the hiring of the individual and ending on 

5 the date that is the later of— 

6 ‘‘(i) 3 years after the date of such hir7 ing; or 

8 ‘‘(ii) 1 year after the date the individ9 ual’s employment is terminated; or 

10 ‘‘(B) during a shorter period determined 

11 by the Secretary, if the Secretary reduces the 

12 period described in subparagraph (A) for the 

13 employer or a class of employers that includes 

14 the employer. 

15 ‘‘(4) DOCUMENT RETENTION AND RECORD16 KEEPING REQUIREMENTS.— 

17 ‘‘(A) RETENTION OF DOCUMENTS.—Not18 withstanding any other provision of law, an em19 ployer shall retain, for the applicable period de20 scribed in paragraph (3), the following docu21 ments: 

22 ‘‘(i) IN GENERAL.—A paper, micro23 fiche, microfilm, or electronic copy of each 

24 document described in paragraph (1)(B) 


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1 presented by an individual that is des2 ignated as a copied document. 

3 ‘‘(ii) OTHER DOCUMENTS.—A record 

4 of any action taken, and copies of any cor5 respondence written or received, with re6 spect to the verification of an individual’s 

7 identity or eligibility for employment in the 

8 United States, including records received 

9 through the Electronic Employment 

10 Verification System under subsection (c). 

11 ‘‘(B) USE OF RETAINED DOCUMENTS.—An 

12 employer shall use copies retained under clause 

13 (i) or (ii) of subparagraph (A) only for the pur14 poses of complying with the requirements of 

15 this subsection, except as otherwise permitted 

16 under law. 

17 ‘‘(5) PENALTIES.—An employer that fails to 

18 comply with the requirement of this subsection shall 

19 be subject to the penalties described in subsection 

20 (d)(4)(B). 

21 ‘‘(c) ELECTRONIC EMPLOYMENT VERIFICATION SYS22 TEM.— 

23 ‘‘(1) REQUIREMENT FOR SYSTEM.—The Sec24 retary, in cooperation with the Commissioner of So25 cial Security, shall implement an Electronic EmployVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 ment Verification System (referred to in this sub2 section as the ‘System’) as described in this sub3 section. 

4 ‘‘(2) TECHNOLOGY STANDARD TO VERIFY EM5 PLOYMENT ELIGIBILITY.— 

6 ‘‘(A) IN GENERAL.—The Secretary based 

7 upon recommendations from the Director of the 

8 National Institute of Standards and Tech9 nology, shall not later than 180 days after the 

10 date of the enactment of the STRIVE Act of 

11 2007 develop and certify a technology standard 

12 as described in this subparagraph. The Sec13 retary shall have discretion to extend the 180- 

14 day period if the Secretary determines that 

15 such extension will result in substantial im16 provement of the System. 

17 ‘‘(B) INTEGRATED.—Notwithstanding any 

18 other provision of Federal law, the technology 

19 standard developed shall be the technological 

20 basis for a cross-agency, cross-platform elec21 tronic system that is a cost-effective, efficient, 

22 fully integrated means to share immigration 

23 and Social Security information necessary to 

24 confirm the employment eligibility of all individ25 uals seeking employment. 


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1 ‘‘(C) REPORT.—Not later than 18 months 

2 after the date of the enactment of the STRIVE 

3 Act of 2007, the Secretary and the Director of 

4 the National Institute of Standards and Tech5 nology shall jointly submit to Congress a report 

6 describing the development, implementation, ef7 ficacy, and privacy implications of the tech8 nology standard and the System. 

9 ‘‘(3) IDENTITY AND EMPLOYMENT ELIGIBILITY

10 VERIFICATION.—An employer shall verify the iden11 tity and eligibility for employment of an individual 

12 hired by the employer through the System as fol13 lows: 

14 ‘‘(A) INITIAL INQUIRY.—The employer 

15 shall submit an inquiry through the System to 

16 seek confirmation of the individual’s identity 

17 and eligibility for employment in the United 

18 States not later than 5 working days after the 

19 date such employment actually commences. 

20 ‘‘(B) INITIAL DETERMINATION.—The Sec21 retary, through the System, shall respond to an 

22 inquiry described in subparagraph (A) not later 

23 than 1 working day after such inquiry is sub24 mitted. Such response shall be a determination 

25 that— 


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1 ‘‘(i) confirms the individual’s identity 

2 and eligibility for employment in the 

3 United States; or 

4 ‘‘(ii) the System is tentatively unable 

5 to confirm the individual’s identity or eligi6 bility for employment (referred to in this 

7 section as a ‘tentative nonconfirmation’). 

8 ‘‘(C) MANUAL VERIFICATION.— 

9 ‘‘(i) REQUIREMENT.—If the System 

10 provides a tentative nonconfirmation with 

11 respect to an individual, the Secretary 

12 shall— 

13 ‘‘(I) provide the individual an op14 portunity to submit information to 

15 verify the individual’s identity and eli16 gibility for employment as described 

17 in subparagraph (D); and 

18 ‘‘(II) conduct a manual 

19 verification to determine the individ20 ual’s identity and eligibility for em21 ployment. 

22 ‘‘(ii) DETERMINATION.—Not later 

23 than 30 days after the last day that an in24 dividual may submit information under 

25 subparagraph (D) the Secretary, through 


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1 the System, shall provide to the employer 

2 the results of the manual verification re3 quired by clause (i). Such results shall be 

4 a determination that— 

5 ‘‘(I) confirms the individual’s 

6 identity and eligibility for employment 

7 in the United States; or 

8 ‘‘(II) the System is unable to 

9 confirm the individual’s identity or eli10 gibility for employment (referred to in 

11 this section as a ‘final nonconfirma12 tion’). 

13 ‘‘(D) SUBMISSION OF INFORMATION.—An 

14 individual who is the subject of a tentative non15 confirmation may submit to the Secretary, 

16 through the System, information to confirm 

17 such individual’s identity or eligibility for em18 ployment or to otherwise contest such tentative 

19 nonconfirmation not later that 15 days after 

20 the individual receives notice of such tentative 

21 nonconfirmation. 

22 ‘‘(E) EXTENSION.—The 15-day period re23 ferred to in subparagraph (D) may be extended 

24 by the Secretary for good cause at the request 

25 of the individual. 


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1 ‘‘(F) DEFAULT CONFIRMATION AND REV2 OCATION.—If the Secretary, through the Sys3 tem, fails to provide a determination described 

4 in clause (i) or (ii) of subparagraph (B) or sub5 clause (I) or (II) of subparagraph (C)(ii) for an 

6 individual within the period described in such 

7 subparagraph, the Secretary shall, through the 

8 System, deem that the individual’s identity and 

9 eligibility for employment are confirmed 

10 through the System and provide notice of such 

11 confirmation to the employer. 

12 ‘‘(G) REVOCATION.—In the case of a de13 fault confirmation in subclause (F), the Sec14 retary reserves the right to revoke such default 

15 confirmation if the Secretary later determines 

16 the individual is, in fact, not eligible to work. 

17 The Secretary shall provide notice of such rev18 ocation and final nonconfirmation to the em19 ployer. The individual shall have the right to 

20 administrative review under paragraph (19) and 

21 judicial review under paragraph (20) of such 

22 final nonconfirmation. 

23 ‘‘(H) PROHIBITIION ON TERMINATION FOR

24 TENTATIVE NONCONFIRMATION.—An employer 


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1 may not terminate the employment of an indi2 vidual based on tentative nonconfirmation. 

3 ‘‘(I) TERMINATION OF EMPLOYEE.—If an 

4 employer receives a final nonconfirmation with 

5 respect to an individual, the employer shall ter6 minate the employment of such individual. 

7 ‘‘(J) ADMINISTRATIVE AND JUDICIAL RE8 VIEW.—If the Secretary, through the System, 

9 provides a final nonconfirmation with respect to 

10 an individual, the individual shall have the right 

11 to administrative review under paragraph (19) 

12 and judicial review under paragraph (20) of 

13 such final nonconfirmation. 

14 ‘‘(K) RIGHT TO REVIEW AND CORRECT

15 SYSTEM INFORMATION.—The Secretary, in con16 sultation with the Commissioner of Social Secu17 rity, shall establish procedures to permit an in18 dividual to verify the individual’s eligibility for 

19 employment in the United States prior to ob20 taining or changing employment, to view the in21 dividual’s own records in the System in order to 

22 ensure the accuracy of such records, and to cor23 rect or update the information used by the Sys24 tem regarding the individual. 

25 ‘‘(L) REVERIFICATION.— 


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1 ‘‘(i) IN GENERAL.—It is an unfair im2 migration-related employment practice 

3 under section 274B for an employer to 

4 reverify an individual’s identity and em5 ployment eligibility unless— 

6 ‘‘(I) the individual’s work author7 ization expires as described in section 

8 274a.2(b)(1)(vii) of title 8, Code of 

9 Federal Regulation or a subsequent 

10 similar regulation, in which case— 

11 ‘‘(aa) not later than 30 days 

12 prior to the expiration of the in13 dividual’s work authorization, the 

14 Secretary shall notify the em15 ployer of such expiration and of 

16 the employer’s need to reverify 

17 the individual’s employment eligi18 bility; and 

19 ‘‘(bb) the individual may 

20 present, and the employer shall 

21 accept, a receipt for the applica22 tion for a replacement document, 

23 extension of work authorization, 

24 or a document described in 

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1 graph (B) of subsection (b)(1) in 

2 lieu of the required document by 

3 the expiration date in order to 

4 comply with any requirement to 

5 examine documentation imposed 

6 by this section, and the individual 

7 shall present the required docu8 ment within 90 days from the 

9 date the employment authoriza10 tion expires. If the actual docu11 ment or replacement document is 

12 to be issued by United States 

13 Citizenship and Immigration 

14 Services and the application is 

15 still under review 60 days after 

16 the employment authorization ex17 piration date, United States Citi18 zenship and Immigration Services 

19 shall by the 60th day after the 

20 expiration date of the employ21 ment authorization, issue a letter 

22 for the applicant to take to the 

23 employer which shall automati24 cally grant the individual an ad25 ditional 90 days to present the 


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1 document or replacement docu2 ment; and 

3 ‘‘(II) the employer has actual or 

4 constructive knowledge that the indi5 vidual is not authorized to work in the 

6 United States; or 

7 ‘‘(III) unless otherwise required 

8 by law. 

9 ‘‘(ii) CONTINUING EMPLOYMENT.—An 

10 employer may not verify an individual’s 

11 employment eligibility if the individual is 

12 continuing in his or her employment as de13 scribed in section 274a.2(b)(1)(viii) of title 

14 8, Code of Federal Regulation or any sub15 sequent similar regulation. 

16 ‘‘(iii) SPECIAL RULE FOR CRITICAL

17 INFRASTRUCTURE.—Upon the implementa18 tion of the System, the Secretary shall re19 quire all agencies and departments of the 

20 United States (including the Armed 

21 Forces), a State government (including a 

22 State employment agency before making a 

23 referral), or any other employer if it em24 ploys individuals working in a location that 

25 is a Federal, State, or local government 


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1 building, a military base, a nuclear energy 

2 site, a weapon site, or an airport, to com3 plete a one time reverification of all indi4 viduals current employed at these facilities. 

5 ‘‘(4) DESIGN AND OPERATION OF SYSTEM.— 

6 The Secretary, in consultation with the Commis7 sioner of Social Security, shall design and operate 

8 the System— 

9 ‘‘(A) to maximize reliability and ease of 

10 use by employers in a manner that protects and 

11 maintains the privacy and security of the infor12 mation maintained in the System; 

13 ‘‘(B) to permit an employer to submit an 

14 inquiry to the System through the Internet or 

15 other electronic media or over a telephone line; 

16 ‘‘(C) to respond to each inquiry made by 

17 an employer; 

18 ‘‘(D) to maintain a record of each such in19 quiry and each such response; 

20 ‘‘(E) to track and record any occurrence 

21 when the System is unable to receive such an 

22 inquiry; 

23 ‘‘(F) to include appropriate administrative, 

24 technical, and physical safeguards to prevent 

25 unauthorized disclosure of personal information 


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1 during use, transmission, storage, or disposal of 

2 that information, including the use of 

3 encryption, carrying out periodic testing of the 

4 System to detect, prevent, and respond to 

5 vulnerabilities or other failures, and utilizing 

6 periodic security updates; 

7 ‘‘(G) to allow for monitoring of the use of 

8 the System and provide an audit capability; 

9 ‘‘(H) to have reasonable safeguards, devel10 oped in consultation with the Attorney General, 

11 to prevent employers from engaging in unlawful 

12 discriminatory practices; 

13 ‘‘(I) to permit an employer to submit the 

14 attestations required by subsection (b); and 

15 ‘‘(J) to permit an employer to utilize any 

16 technology that is consistent with this section 

17 and with any regulation or guidance from the 

18 Secretary to streamline the procedures to com19 ply with the attestation and employment eligi20 bility verification requirements contained in this 

21 section. 

22 ‘‘(5) LIMITATION ON DATA ELEMENTS

23 STORED.—The System and any databases created by 

24 the Commissioner of Social Security or the Secretary 

25 for use in the System shall store only the minimum 


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1 data about each individual for whom an inquiry was 

2 made through the System to facilitate the successful 

3 operation of the System, and in no case shall the 

4 data stored be other than— 

5 ‘‘(A) the individual’s full legal name; 

6 ‘‘(B) the individual’s date of birth; 

7 ‘‘(C) the individual’s social security ac8 count number or employment authorization sta9 tus identification number; 

10 ‘‘(D) the address of the employer making 

11 the inquiry and the dates of any prior inquiries 

12 concerning the identity and authorization of the 

13 individual by the employer or any other em14 ployer and the address of such employer; 

15 ‘‘(E) a record of each prior determination 

16 regarding the individual’s identity and employ17 ment eligibility issued through the System; and 

18 ‘‘(F) in the case of the individual who suc19 cessfully contested or appealed a tentative non20 confirmation or final nonconfirmation, explana21 tory information concerning the successful reso22 lution of any erroneous data or confusion re23 garding the identity or eligibility for employ24 ment of the individual, including the source of 

25 that error. 


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1 ‘‘(6) RESPONSIBILITIES OF THE COMMISSIONER

2 OF SOCIAL SECURITY.—The Commissioner of Social 

3 Security shall establish a reliable, secure method to 

4 provide through the System, within the time periods 

5 required by subparagraphs (B) and (C) of para6 graph (2)— 

7 ‘‘(A) a determination of whether the name 

8 and social security account number provided, 

9 with respect to an individual, in an inquiry by 

10 an employer, match such information main11 tained by the Commissioner in order to confirm 

12 the validity of the information provided; 

13 ‘‘(B) a determination of whether such so14 cial security account number was issued to the 

15 individual; 

16 ‘‘(C) a determination of whether such so17 cial security account number is valid for em18 ployment in the United States; and 

19 ‘‘(D) a determination described in subpara20 graph (B) or (C) of paragraph (2), in a manner 

21 that ensures that other information maintained 

22 by the Commissioner is not disclosed or re23 leased to employers through the System. 

24 ‘‘(7) RESPONSIBILITIES OF THE SECRETARY.— 

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1 od to provide, through the System, within the time 

2 periods required by subparagraphs (B) and (C) of 

3 paragraph (2)— 

4 ‘‘(A) a determination of whether the name 

5 and alien identification or authorization number 

6 provided, with respect to an individual, in an in7 quiry by an employer match such information 

8 maintained by the Secretary in order to confirm 

9 the validity of the information provided; 

10 ‘‘(B) a determination of whether such 

11 number was issued to the individual; 

12 ‘‘(C) a determination of whether the indi13 vidual is authorized to be employed in the 

14 United States; and 

15 ‘‘(D) any other related information that 

16 the Secretary determines is appropriate. 

17 ‘‘(8) PRIVACY IMPACT ASSESSMENT.—The 

18 Commissioner of Social Security and the Secretary 

19 shall each complete a privacy impact assessment as 

20 described in section 208 of the E-Government Act of 

21 2002 (Public Law 107–347; 44 U.S.C. 3501 note) 

22 with regard to the System. 

23 ‘‘(9) TRAINING.—The Commissioner of Social 

24 Security and the Secretary shall provide appropriate 

25 training materials to employers participating in the 


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1 System to ensure that such employers are able to 

2 utilize the System in compliance with the require3 ments of this section. 

4 ‘‘(10) HOTLINE.—The Secretary shall establish 

5 a fully staffed 24-hour hotline that shall receive in6 quiries from individuals or employers concerning de7 terminations made by the System and shall identify 

8 for an individual, at the time of inquiry, the par9 ticular data that resulted in a determination that the 

10 System was unable to verify the individual’s identity 

11 or eligibility for employment. 

12 ‘‘(11) PARTICIPATION.— 

13 ‘‘(A) REQUIREMENTS FOR PARTICIPA14 TION.—Except as provided in subparagraphs 

15 (D) and (E), the Secretary shall require em16 ployers to participate in the System as follows: 

17 ‘‘(i) CRITICAL EMPLOYERS.—Not later 

18 than 1 year after the date of enactment of 

19 the STRIVE Act of 2007, the Secretary 

20 shall require all agencies and departments 

21 of the United States (including the Armed 

22 Forces), a State government (including a 

23 State employment agency before making a 

24 referral), or any other employer if it em25 ploys individuals working in a location that 


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1 is a Federal, State, or local government 

2 building, a military base, a nuclear energy 

3 site, a weapon site, or an airport, but only 

4 to the extent of such individuals, to partici5 pate in the System, with respect to all indi6 viduals hired after the date the Secretary 

7 requires such participation. 

8 ‘‘(ii) LARGE EMPLOYERS.—Not later 

9 than 2 years after the date of enactment 

10 of the STRIVE Act of 2007 the Secretary 

11 shall require an employer with 5,000 or 

12 more employees in the United States to 

13 participate in the System, with respect to 

14 all employees hired by the employer after 

15 the date the Secretary requires such par16 ticipation. 

17 ‘‘(iii) MID-SIZED EMPLOYERS.—Not 

18 later than 3 years after the date of enact19 ment of the STRIVE Act of 2007 the Sec20 retary shall require an employer with less 

21 than 5,000 employees and 1,000 or more 

22 employees in the United States to partici23 pate in the System, with respect to all em24 ployees hired by the employer after the 


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1 date the Secretary requires such participa2 tion. 

3 ‘‘(iv) SMALL EMPLOYERS.—Not later 

4 than 4 years after the date of the enact5 ment of the STRIVE Act of 2007, the Sec6 retary shall require all employers with less 

7 than 1,000 employees in the United States 

8 to participate in the System, with respect 

9 to all employees hired by the employer 

10 after the date the Secretary requires such 

11 participation. 

12 ‘‘(B) REQUIREMENT TO PUBLISH.—The 

13 Secretary shall publish in the Federal Register 

14 the requirements for participation in the Sys15 tem for employers described in clauses (i) 

16 through (iv) of subparagraph (A) prior to the 

17 effective date of such requirements. 

18 ‘‘(C) OTHER PARTICIPATION IN SYSTEM.— 

19 ‘‘(i) VOLUNTARY PARTICIPATION.— 

20 Notwithstanding subparagraph (A), the 

21 Secretary has the authority to permit any 

22 employer that is not required to participate 

23 in the System under subparagraph (A) to 

24 participate in the System on a voluntary 

25 basis. 


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1 ‘‘(ii) EMPLOYERS NOT REQUIRED TO

2 PARTICIPATE.—Notwithstanding subpara3 graph (A) employers are not required to 

4 verify the identify or employment eligibility 

5 through the System for— 

6 ‘‘(I) an individual performing 

7 casual employment for the employer 

8 and who provides domestic service in 

9 a private home that is sporadic, irreg10 ular, or intermittent; 

11 ‘‘(II) a worker provided to the 

12 employer by a person providing con13 tract services, such as a temporary 

14 agency; or 

15 ‘‘(III) an independent contractor, 

16 performing services for the employer. 

17 ‘‘(iii) RELATIONSHIP TO OTHER RE18 QUIREMENTS.—Nothing in clause (ii) may 

19 be construed to effect the requirements for 

20 the contracting party who employs a work21 er referred to in subclause (II) of such 

22 clause or an employer of an independent 

23 contractor referred to in subclause (III) of 

24 such clause to participate in the System 


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1 with respect to such worker or independent 

2 contractor under this subsection. 

3 ‘‘(D) WAIVER.— 

4 ‘‘(i) AUTHORITY TO PROVIDE A WAIV5 ER.—The Secretary is authorized to waive 

6 or delay the participation requirements of 

7 subparagraph (A) with respect to any em8 ployer or class of employers if the Sec9 retary provides notice to Congress of such 

10 waiver prior to the date such waiver is 

11 granted. 

12 ‘‘(ii) REQUIREMENT TO PROVIDE A

13 WAIVER.—The Secretary shall waive or 

14 delay the participation requirements of 

15 subparagraph (A) with respect to any em16 ployer or class of employers until the date 

17 that the Comptroller General of the United 

18 States submits the initial certification de19 scribed in paragraph (17)(E) and shall 

20 waive or delay such participation during a 

21 year if the Comptroller General fails to 

22 submit a certification of paragraph (17)(E) 

23 for such year. 

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1 ticipate in the System and fails to comply with 

2 the requirements of the System with respect to 

3 an individual— 

4 ‘‘(i) such failure shall be treated as a 

5 violation of subsection (a)(1)(B); and 

6 ‘‘(ii) a rebuttable presumption is cre7 ated that the employer has violated sub8 section (a)(1)(A), however, such presump9 tion may not apply to a prosecution under 

10 subsection (e)(1). 

11 ‘‘(12) EMPLOYER REQUIREMENTS.— 

12 ‘‘(A) IN GENERAL.—An employer that par13 ticipates in the System, with respect to the hir14 ing of an individual for employment in the 

15 United States, shall— 

16 ‘‘(i) notify the individual of the use of 

17 the System and that the System may be 

18 used for immigration enforcement pur19 poses; 

20 ‘‘(ii) obtain from the individual the 

21 documents required by subsection (b)(1) 

22 and record on the form designated by the 

23 Secretary— 

24 ‘‘(I) the individual’s social secu25 rity account number; and 


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1 ‘‘(II) in the case of an individual 

2 who does not attest that the indi3 vidual is a national of the United 

4 States under subsection (b)(2), such 

5 identification or authorization number 

6 that the Secretary shall require; 

7 ‘‘(iii) retain such form in electronic, 

8 paper, microfilm, or microfiche form and 

9 make such form available for inspection for 

10 the periods and in the manner described in 

11 subsection (b)(3); and 

12 ‘‘(iv) safeguard any information col13 lected for purposes of the System and pro14 tect any means of access to such informa15 tion to ensure that such information is not 

16 used for any purpose other than to deter17 mine the identity and employment eligi18 bility of the individual and to protect the 

19 confidentiality of such information, includ20 ing ensuring that such information is not 

21 provided to any person other than a person 

22 that carries out the employer’s responsibil23 ities under this subsection. 

24 ‘‘(B) SCHEDULE.— 


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1 ‘‘(i) REPLACEMENT DOCUMENTS.—An 

2 employer shall accept a receipt for the ap3 plication for a replacement document or a 

4 document described in subparagraph (B) 

5 of subsection (b)(1) in lieu of the required 

6 document in order to comply with any re7 quirement to examine documentation im8 posed by this section, in the following cir9 cumstances: 

10 ‘‘(I) The individual is unable to 

11 provide the required document within 

12 the time specified in this section be13 cause the document was lost, stolen, 

14 or damaged. 

15 ‘‘(II) The individual presents a 

16 receipt for the application for the doc17 ument within the time specified in 

18 this section. 

19 ‘‘(III) The individual presents 

20 the document within 90 days of the 

21 hire. If the actual document or re22 placement document is to be issued by 

23 the United States Citizenship and Im24 migration Services and the application 

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1 ceipt of the application, United States 

2 Citizenship and Immigration Services 

3 shall, not later than the 60th day 

4 after receipt of the application, issue a 

5 letter for the applicant to take to the 

6 employer which shall automatically 

7 grant the individual an additional 90 

8 days from the original deadline in 

9 subsection (b)(6)(A)(i)(II) to present 

10 the document or replacement docu11 ment; and 

12 ‘‘(ii) PROHIBITION ON ACCEPTANCE

13 OF A RECEIPT FOR SHORT-TERM EMPLOY14 MENT.—An employer may not accept a re15 ceipt in lieu of the required document if 

16 the individual is hired for a duration of 

17 less than 10 working days. 

18 ‘‘(C) CONFIRMATION OR NONCONFIRMA19 TION.— 

20 ‘‘(i) RETENTION.—If an employer re21 ceives a determination through the System 

22 under paragraph (3) for an individual, the 

23 employer shall retain either an electronic, 

24 paper, or microfiche form record of such 


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1 confirmation for the period required by 

2 subsection (b)(4)(A). 

3 ‘‘(ii) NONCONFIRMATION AND

4 VERIFICATION.— 

5 ‘‘(I) NONCONFIRMATION.—If an 

6 employer receives a tentative noncon7 firmation with respect to an indi8 vidual, the employer shall retain either 

9 an electronic or paper record of such 

10 nonconfirmation for the period re11 quired by subsection (b)(4)(A) and in12 form such individual not later than 10 

13 working days after the issuance of 

14 such notice in the manner prescribed 

15 by the Secretary that includes infor16 mation regarding the individual’s 

17 right to submit information to contest 

18 the tentative nonconfirmation under 

19 paragraph (2)(D) and the address and 

20 telephone numbers established by the 

21 Commissioner and the Secretary to 

22 obtain information on how to submit 

23 such information. 

24 ‘‘(II) NO CONTEST.—If the indi25 vidual does not contest the tentative 


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1 nonconfirmation notice within 15 

2 working days of receiving notice from 

3 the individual’s employer, the notice 

4 shall become final and the employer 

5 shall retain either an electronic or 

6 paper record of such final noncon7 firmation for the period required by 

8 subsection (b)(4)(A). An individual’s 

9 failure to contest a tentative noncon10 firmation may not be the basis for de11 termining that the employer acted in 

12 a knowing (as defined in section 

13 274a.1 of title 8, Code of Federal 

14 Regulations, or any corresponding 

15 similar regulation) manner. 

16 ‘‘(III) CONTEST.—If the indi17 vidual contests the tentative noncon18 firmation notice under subclause (I), 

19 the individual shall submit appro20 priate information to contest such no21 tice to the System within 15 working 

22 days of receiving notice from the indi23 vidual’s employer and shall utilize the 

24 verification process developed under 

25 paragraph (2)(C)(ii). Such individual 


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1 shall acknowledge receipt of such no2 tice in writing. 

3 ‘‘(IV) EFFECTIVE PERIOD OF

4 TENTATIVE NONCONFIRMATION.—A 

5 tentative nonconfirmation notice shall 

6 remain in effect until such notice be7 comes final under clause (II) or a 

8 final confirmation notice or final non9 confirmation notice is issued by the 

10 System. 

11 ‘‘(V) PROHIBITION.—An em12 ployer may not terminate the employ13 ment of an individual based on a ten14 tative nonconfirmation notice until 

15 such notice becomes final under clause 

16 (II) or a final nonconfirmation notice 

17 is issued for the individual by the Sys18 tem. Nothing in this clause shall 

19 apply to termination of employment 

20 for any reason other than because of 

21 such a tentative nonconfirmation. 

22 ‘‘(VI) RECORDING OF CONCLU23 SION ON FORM.—If a final confirma24 tion or nonconfirmation is provided by 

25 the System regarding an individual, 


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1 the employer shall record on the form 

2 designated by the Secretary the ap3 propriate code that is provided under 

4 the System to indicate a confirmation 

5 or nonconfirmation of the identity and 

6 employment eligibility of the indi7 vidual. 

8 ‘‘(D) CONSEQUENCES OF NONCONFIRMA9 TION.—If an employer has received a final non10 confirmation with respect to an individual, the 

11 employer shall terminate the employment of the 

12 individual. If the employer continues to employ 

13 the individual after receiving final nonconfirma14 tion, a rebuttable presumption is created that 

15 the employer has violated paragraphs (1)(A) 

16 and (2) of subsection (a). Such presumption 

17 may not apply to a prosecution under sub18 section (e)(1). 

19 ‘‘(13) PROHIBITION OF UNLAWFUL ACCESSING

20 AND OBTAINING OF INFORMATION.— 

21 ‘‘(A) IN GENERAL.—It shall be unlawful 

22 for any individual other than an employee of 

23 the Social Security Administration or the De24 partment of Homeland Security specifically 


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1 charged with maintaining the System to inten2 tionally and knowingly— 

3 ‘‘(i) access the System or the data4 bases utilized to verify identity or employ5 ment eligibility for the System for any pur6 pose other than verifying identity or em7 ployment eligibility or modifying the Sys8 tem pursuant to law or regulation; or 

9 ‘‘(ii) obtain the information con10 cerning an individual stored in the System 

11 or the databases utilized to verify identity 

12 or employment eligibility for the System 

13 for any purpose other than verifying iden14 tity or employment authorization or modi15 fying the System pursuant to law or regu16 lation. 

17 ‘‘(B) PENALTIES.— 

18 ‘‘(i) UNLAWFUL ACCESS.—Any indi19 vidual who unlawfully accesses the System 

20 or the databases as described in subpara21 graph (A)(i) shall be fined no more than 

22 $1,000 per individual or sentenced to no 

23 more than 6 months imprisonment or both 

24 per individual whose file was compromised. 


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1 ‘‘(ii) UNLAWFUL USE.—Any indi2 vidual who unlawfully obtains information 

3 stored in the System in the database uti4 lized to verify identity or employment eligi5 bility for the System and uses the informa6 tion to commit identity theft for financial 

7 gain or to evade security or to assist an8 other in gaining financially or evading se9 curity, shall be fined no more than 

10 $10,000 per individual or sentenced to no 

11 more than 1 year of imprisonment or both 

12 per individual whose information was ob13 tained and misappropriated. 

14 ‘‘(14) PROTECTION FROM LIABILITY.—No em15 ployer that participates in the System and complies 

16 in good faith with the attestation in subsection 

17 (b)(1) shall be liable under any law for any employ18 ment-related action taken with respect to an indi19 vidual in good faith reliance on information provided 

20 by the System regarding that individual. 

21 ‘‘(15) LIMITATION ON USE OF THE SYSTEM.— 

22 Notwithstanding any other provision of law, nothing 

23 in this subsection shall be construed to permit or 

24 allow any department, bureau, or other agency of 

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1 base, or other records used in the System for any 

2 purpose other than as provided for under this sub3 section. 

4 ‘‘(16) ACCESS TO DATABASE.—No officer or 

5 employee of any agency or department of the United 

6 States, other than such an officer or employee who 

7 is responsible for the verification of employment eli8 gibility or for the evaluation of an employment eligi9 bility verification program at the Social Security Ad10 ministration, the Department of Homeland Security, 

11 and the Department of Labor, may have access to 

12 any information, database, or other records utilized 

13 by the System. 

14 ‘‘(17) MODIFICATION AUTHORITY.—The Sec15 retary, after notice is submitted to Congress and 

16 provided to the public in the Federal Register, is au17 thorized to modify the requirements of this sub18 section, including requirements with respect to com19 pletion of forms, method of storage, attestations, 

20 copying of documents, signatures, methods of trans21 mitting information, and other operational and tech22 nical aspects to improve the efficiency, accuracy, and 

23 security of the System. 

24 ‘‘(18) ANNUAL STUDY AND REPORT.— 


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1 ‘‘(A) REQUIREMENT FOR STUDY.—The 

2 Comptroller General of the United States shall 

3 conduct an annual study of the System as de4 scribed in this paragraph. 

5 ‘‘(B) PURPOSE OF THE STUDY.—The 

6 Comptroller General shall, for each year, under7 take a study to determine whether the System 

8 meets the following requirements: 

9 ‘‘(i) DEMONSTRATED ACCURACY OF

10 THE DATABASES.—New information and 

11 information changes submitted by an indi12 vidual to the System is updated in all of 

13 the relevant databases not later than 3 

14 working days after submission in at least 

15 99 percent of all cases. 

16 ‘‘(ii) LOW ERROR RATES AND DELAYS

17 IN VERIFICATION.— 

18 ‘‘(I) INCORRECT TENTATIVE

19 NONCONFIRMATION NOTICES.—That, 

20 during a year, not more than 1 per21 cent of all tentative nonconfirmations 

22 provided through the System during 

23 such year are incorrect. 

24 ‘‘(II) INCORRECT FINAL NONCON25 FIRMATION NOTICES.—That, during a 


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1 year, not more than 3 percent of all 

2 final nonconfirmations provided 

3 through the System during such year 

4 are incorrect. 

5 ‘‘(III) RATES OF INCORRECT

6 TENTATIVE NONCONFIRMATION NO7 TICES.—That, during a year, the 

8 number of incorrect tentative noncon9 firmations provided through the Sys10 tem for individuals who are not na11 tionals of the United States is not 

12 more than 300 percent more than the 

13 number of such incorrect notices pro14 vided for nationals of the United 

15 States. 

16 ‘‘(IV) RATES OF INCORRECT

17 FINAL NONCONFIRMATION NOTICES.— 

18 That, during a year, the number of 

19 incorrect final nonconfirmations pro20 vided through the System for individ21 uals who are not nationals of the 

22 United States is not more than 300 

23 percent more than the number of such 

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1 als of the United States during such 

2 year. 

3 ‘‘(iii) MEASURABLE EMPLOYER COM4 PLIANCE WITH SYSTEM REQUIREMENTS.— 

5 ‘‘(I) NO DISCRIMINATION BASED

6 ON SYSTEM OPERATIONS.—The Sys7 tem has not and will not result in in8 creased discrimination or cause rea9 sonable employers to conclude that in10 dividuals of certain races or ethnicities 

11 are more likely to have difficulties 

12 when offered employment caused by 

13 the operation of the System. 

14 ‘‘(II) REQUIREMENT FOR INDE15 PENDENT STUDY.—The determination 

16 described in subclause (I) shall be 

17 based on an independent study com18 missioned by the Comptroller General 

19 in each phase of expansion of the Sys20 tem. 

21 ‘‘(iv) PROTECTION OF WORKERS’ PRI22 VATE INFORMATION.—At least 97 percent 

23 of employers who participate in the System 

24 are in full compliance with the privacy re25 quirements described in this subsection. 


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1 ‘‘(v) ADEQUATE AGENCY STAFFING

2 AND FUNDING.—The Secretary and Com3 missioner of Social Security have sufficient 

4 funding to meet all of the deadlines and re5 quirements of this subsection. 

6 ‘‘(C) CONSULTATION.—In conducting a 

7 study under this paragraph, the Comptroller 

8 General shall consult with representatives of 

9 business, labor, immigrant communities, State 

10 governments, privacy advocates, and appro11 priate departments of the United States. 

12 ‘‘(D) REQUIREMENT FOR REPORTS.—Not 

13 later than 21 months after the date of the en14 actment of the STRIVE Act of 2007, and an15 nually thereafter, the Comptroller General shall 

16 submit to the Secretary and to Congress a re17 port containing the findings of the study car18 ried out under this paragraph. 

19 ‘‘(E) CERTIFICATION.—If the Comptroller 

20 General determines that the System meets the 

21 requirements set out in clauses (i) through (v) 

22 of subparagraph (B) for a year, the Comptroller 

23 shall certify such determination and submit 

24 such certification to Congress with the report 

25 required by subparagraph (D). 


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1 ‘‘(19) ADMINISTRATIVE REVIEW.— 

2 ‘‘(A) IN GENERAL.—An individual who is 

3 terminated from employment as a result of a 

4 final nonconfirmation may, not later than 60 

5 days after the date of such termination, file an 

6 appeal of such final nonconfirmation. 

7 ‘‘(B) PROCEDURES.—The Secretary and 

8 Commissioner of Social Security shall develop 

9 procedures to review appeals filed under sub10 paragraph (A) and to make final determina11 tions on such appeals. 

12 ‘‘(C) REVIEW FOR ERRORS.—If a final de13 termination on an appeal filed under subpara14 graph (A) results in a confirmation of an indi15 vidual’s eligibility for employment in the United 

16 States, the administrative review process shall 

17 require the Secretary to determine if the final 

18 nonconfirmation issued for the individual was 

19 the result of— 

20 ‘‘(i) an error or negligence on the part 

21 of an employee or official operating or re22 sponsible for the System; 

23 ‘‘(ii) the decision rules, processes, or 

24 procedures utilized by the System; or 


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1 ‘‘(iii) erroneous system information 

2 that was not the result of acts or omissions 

3 of the individual. 

4 ‘‘(D) COMPENSATION FOR ERROR.— 

5 ‘‘(i) IN GENERAL.—If the Secretary 

6 makes a determination under subpara7 graph (C) that the final nonconfirmation 

8 issued for an individual was not caused by 

9 an act or omission of the individual, the 

10 Secretary shall compensate the individual 

11 for lost wages. 

12 ‘‘(ii) CALCULATION OF LOST

13 WAGES.—Lost wages shall be calculated 

14 based on the wage rate and work schedule 

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 

20 administrative review process described in 

21 this paragraph or the day after the indi22 vidual is reinstated or obtains employment 

23 elsewhere, whichever occurs first. 

24 ‘‘(E) LIMITATION ON COMPENSATION.— 

25 For purposes of determining an individual’s 


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1 compensation for the loss of employment, such 

2 compensation shall not include any period in 

3 which the individual was ineligible for employ4 ment in the United States. 

5 ‘‘(F) SOURCE OF FUNDS.—Compensation 

6 or reimbursement provided under this para7 graph shall not be provided from funds appro8 priated in annual appropriations Acts to the 

9 Secretary for the Department of Homeland Se10 curity. 

11 ‘‘(20) JUDICIAL REVIEW.— 

12 ‘‘(A) IN GENERAL.—After the Secretary 

13 makes a final determination on an appeal filed 

14 by an individual under paragraph (19), the in15 dividual may obtain judicial review of such de16 termination in a civil action commenced not 

17 later than 90 days after notice of such decision, 

18 or such further time as the Secretary may 

19 allow. 

20 ‘‘(B) REPORT.—Not later than 180 days 

21 after the date of enactment of the STRIVE Act 

22 of 2007, the Director of the Federal Judicial 

23 Center shall submit to Congress a report on ju24 dicial review of an administrative decision on a 

25 final nonconfirmation. The report shall contain 


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1 recommendations on jurisdiction and proce2 dures that shall be instituted to seek adequate 

3 and timely review of such decision. 

4 ‘‘(C) COMPENSATION FOR ERROR.— 

5 ‘‘(i) IN GENERAL.—In cases in which 

6 such judicial review reverses the final de7 termination of the Secretary made under 

8 paragraph (19), the court shall compensate 

9 the individual for lost wages. 

10 ‘‘(ii) CALCULATION OF LOST

11 WAGES.—Lost wages shall be calculated 

12 based on the wage rate and work schedule 

13 that prevailed prior to termination. The in14 dividual shall be compensated for wages 

15 lost beginning on the first scheduled work 

16 day after employment was terminated and 

17 ending 180 days after completion of the ju18 dicial review described in this paragraph or 

19 the day after the individual is reinstated or 

20 obtains employment elsewhere, whichever 

21 occurs first. 

22 ‘‘(21) ENFORCEMENT OF VIOLATIONS.—No pri23 vate right of action shall exist for any claim based 

24 on a violation of this section. The Government of the 

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1 thority over violations of this section and shall use 

2 only the powers, penalties, and mechanisms found in 

3 this section. This paragraph shall apply to all cases 

4 in which a final judgment has not been entered prior 

5 to or on the date of enactment of the STRIVE Act 

6 of 2007. 

7 ‘‘(22) SAFE HARBOR FOR CONTRACTORS.—A 

8 person shall not be liable for a violation of para9 graph (1)(A), (1)(B), or (2) of subsection (a) with 

10 respect to the hiring or continuation of employment 

11 of an unauthorized alien by a subcontractor of that 

12 person unless the person knew that the subcon13 tractor hired or continued to employ such alien in 

14 violation of such a paragraph. 

15 ‘‘(23) STATUTORY CONSTRUCTION.—Nothing in 

16 this subsection shall affect any existing rights and 

17 obligations of employers or employees under other 

18 Federal, State, or local laws. 

19 ‘‘(d) COMPLIANCE.— 

20 ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 

21 Secretary shall establish procedures— 

22 ‘‘(A) for a person to file a complaint re23 garding a potential violation of paragraph 

24 (1)(A), (1)(B), or (2) of subsection (a); 


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1 ‘‘(B) for the investigation of any such com2 plaint that the Secretary determines is appro3 priate to investigate; and 

4 ‘‘(C) for the investigation of such other 

5 violation of paragraph (1)(A), (1)(B), or (2) of 

6 subsection (a) that the Secretary determines is 

7 appropriate. 

8 ‘‘(2) AUTHORITY IN INVESTIGATIONS.— 

9 ‘‘(A) IN GENERAL.—In conducting inves10 tigations and hearings under this subsection, of11 ficers and employees of the Department of 

12 Homeland Security, if designated by the Sec13 retary, may compel by subpoena the attendance 

14 of witnesses and the production of evidence at 

15 any designated place in an investigation or case 

16 under this subsection. 

17 ‘‘(B) FAILURE TO COOPERATE.—In case of 

18 refusal to obey a subpoena lawfully issued 

19 under subparagraph (A), the Secretary may re20 quest that the Attorney General apply in an ap21 propriate district court of the United States for 

22 an order requiring compliance with such sub23 poena, and any failure to obey such order may 

24 be punished by such court as contempt. 


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1 ‘‘(C) DEPARTMENT OF LABOR.—The Sec2 retary of Labor shall have the investigative au3 thority provided under section 11(a) of the Fair 

4 Labor Standards Act of 1938 (29 U.S.C. 

5 211(a)) to ensure compliance with the provi6 sions of this section, or any regulation or order 

7 issued under this section. 

8 ‘‘(3) COMPLIANCE PROCEDURES.— 

9 ‘‘(A) PREPENALTY NOTICE.—If the Sec10 retary has reasonable cause to believe that 

11 there has been a violation of a requirement of 

12 this section and determines that further pro13 ceedings related to such violation are war14 ranted, the Secretary shall issue to the em15 ployer concerned a written notice of the Sec16 retary’s intention to issue a claim for a fine or 

17 other penalty. Such notice shall— 

18 ‘‘(i) describe the violation; 

19 ‘‘(ii) specify the laws and regulations 

20 allegedly violated; 

21 ‘‘(iii) disclose the material facts which 

22 establish the alleged violation; and 

23 ‘‘(iv) inform such employer that the 

24 employer shall have a reasonable oppor25 tunity to make representations as to why a 


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1 claim for a monetary or other penalty 

2 should not be imposed. 

3 ‘‘(B) REMISSION OR MITIGATION OF PEN4 ALTIES.— 

5 ‘‘(i) PETITION BY EMPLOYER.—If an 

6 employer receives written notice of a fine 

7 or other penalty in accordance with sub8 paragraph (A), the employer may file with9 in 45 days from receipt of such notice, 

10 with the Secretary a petition for the remis11 sion or mitigation of such fine or penalty, 

12 or a petition for termination of the pro13 ceedings. The petition may include any rel14 evant evidence or proffer of evidence the 

15 employer wishes to present, and shall be 

16 filed and considered in accordance with 

17 procedures to be established by the Sec18 retary. 

19 ‘‘(ii) REVIEW BY SECRETARY.—If the 

20 Secretary finds that such fine or other 

21 penalty was incurred erroneously, or finds 

22 the existence of such mitigating cir23 cumstances as to justify the remission or 

24 mitigation of such fine or penalty, the Sec25 retary may remit or mitigate such fine or 


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1 other penalty on the terms and conditions 

2 as the Secretary determines are reasonable 

3 and just, or order termination of any pro4 ceedings related to the notice. Such miti5 gating circumstances may include good 

6 faith compliance and participation in, or 

7 agreement to participate in, the System, if 

8 not otherwise required. 

9 ‘‘(iii) APPLICABILITY.—This subpara10 graph may not apply to an employer that 

11 has or is engaged in a pattern or practice 

12 of violations of paragraph (1)(A), (1)(B), 

13 or (2) of subsection (a) or of any other re14 quirements of this section. 

15 ‘‘(C) PENALTY CLAIM.—After considering 

16 evidence and representations offered by the em17 ployer pursuant to subparagraph (B), the Sec18 retary shall determine whether there was a vio19 lation and promptly issue a written final deter20 mination setting forth the findings of fact and 

21 conclusions of law on which the determination 

22 is based and the appropriate penalty. 

23 ‘‘(4) CIVIL PENALTIES.— 

24 ‘‘(A) HIRING OR CONTINUING TO EMPLOY

25 UNAUTHORIZED ALIENS.—Any employer that 


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1 violates paragraph (1)(A) or (2) of subsection 

2 (a) shall pay civil penalties as 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 within the preceding 12 

9 months under this subparagraph, pay a 

10 civil penalty of not less than $4,000 and 

11 not more than $10,000 for each unauthor12 ized alien with respect to each such viola13 tion. 

14 ‘‘(iii) If the employer has previously 

15 been fined more than 1 time within the 

16 preceding 12 months under this subpara17 graph or has failed to comply with a pre18 viously issued and final order related to 

19 any such provision, pay a civil penalty of 

20 not less than $6,000 and not more than 

21 $20,000 for each unauthorized alien with 

22 respect to each such violation. 

23 ‘‘(B) RECORD KEEPING OR VERIFICATION

24 PRACTICES.—Any employer that violates or fails 


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1 to comply with paragraph (1)(B) of subsection 

2 (a) shall pay a civil penalty as follows: 

3 ‘‘(i) Pay a civil penalty of not less 

4 than $200 and not more than $2,000 for 

5 each such violation or failure. 

6 ‘‘(ii) If the employer has previously 

7 been fined 1 time within the preceding 12 

8 months under this subparagraph, pay a 

9 civil penalty of not less than $400 and not 

10 more than $4,000 for each such violation 

11 of failure. 

12 ‘‘(iii) If the employer has previously 

13 been fined more than 1 time within the 

14 preceding 12 months under this subpara15 graph or has failed to comply with a pre16 viously issued and final order related to 

17 such requirements, pay a civil penalty of 

18 $6,000 for each such violation or failure. 

19 ‘‘(iv) SPECIAL RULE GOVERNING PA20 PERWORK VIOLATION.—In the case where 

21 an employer commits a violation of this 

22 section that is deemed to be purely a pa23 perwork violation where the Secretary fails 

24 to establish any intent to hire an individual 

25 who is not unauthorized for employment in 


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1 the United States, the Secretary shall per2 mit the employer to correct such paper3 work error within 30 days of receiving no4 tice from the Secretary of such violation. 

5 ‘‘(C) OTHER PENALTIES.—Notwith6 standing subparagraphs (A) and (B), the Sec7 retary may impose additional penalties for vio8 lations, including cease and desist orders, spe9 cially designed compliance plans to prevent fur10 ther violations, suspended fines to take effect in 

11 the event of a further violation, and in appro12 priate cases, the civil penalty described in sub13 section (f)(2). 

14 ‘‘(D) REDUCTION OF PENALTIES.—Not15 withstanding subparagraphs (A), (B), and (C), 

16 the Secretary is authorized to reduce or miti17 gate penalties imposed upon employers, based 

18 upon factors including the employer’s hiring 

19 volume, compliance history, good-faith imple20 mentation of a compliance program, participa21 tion in a temporary worker program, and vol22 untary disclosure of violations of this subsection 

23 to the Secretary. 

24 ‘‘(5) JUDICIAL REVIEW.— 


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1 ‘‘(A) IN GENERAL.—An employer adversely 

2 affected by a final determination may, within 

3 45 days after the date the final determination 

4 is issued, obtain judicial review of such deter5 mination. 

6 ‘‘(B) REPORT.—Not later than 180 days 

7 after the date of enactment of the STRIVE Act 

8 of 2007, the Director of the Federal Judicial 

9 Center shall submit to Congress a report on ju10 dicial review of a final determination. The re11 port shall contain recommendations on jurisdic12 tion and procedures that shall be instituted to 

13 seek adequate and timely review of such deci14 sion. 

15 ‘‘(6) ENFORCEMENT OF ORDERS.—If an em16 ployer fails to comply with a final determination 

17 issued against that employer under this subsection, 

18 and the final determination is not subject to review 

19 as provided in paragraph (5), the Attorney General 

20 may file suit to enforce compliance with the final de21 termination, not earlier than 46 days and not later 

22 than 90 days, after the date the final determination 

23 is issued, in any appropriate district court of the 

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1 ployer to show that the final determination was not 

2 supported by a preponderance of the evidence. 

3 ‘‘(7) RECOVERY OF COSTS AND ATTORNEYS’ 

4 FEES.—In any appeal brought under paragraph (5) 

5 or suit brought under paragraph (6), the employer 

6 shall be entitled to recover from the Secretary rea7 sonable costs and attorneys’ fees if such employer 

8 prevails on the merits of the case. The award of at9 torneys’ fees shall not exceed $50,000. Such amount 

10 shall be subject to annual inflation adjustments per 

11 the United States Consumer Price Index - All Urban 

12 Consumers (CPI-U) compiled by the Bureau of 

13 Labor Statistics. Any costs and attorneys’ fees as14 sessed against the Secretary shall be charged against 

15 the operating expenses of the Department of Home16 land Security for the fiscal year in which the assess17 ment is made, and shall not be reimbursed from any 

18 other source. 

19 ‘‘(e) CRIMINAL PENALTIES AND INJUNCTIONS FOR

20 PATTERN OR PRACTICE VIOLATIONS.— 

21 ‘‘(1) CRIMINAL PENALTY.—An employer that 

22 engages in a pattern or practice of knowing viola23 tions of paragraph (1)(A) or (2) of subsection (a) 

24 shall be fined not more than $20,000 for each unau25 thorized alien with respect to whom such a violation 


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1 occurs, imprisoned for not more than 3 years for the 

2 entire 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 in 

7 violation of paragraph (1)(A) or (2) of subsection 

8 (a), the Attorney General may bring a civil action in 

9 the appropriate district court of the United States 

10 requesting such relief, including a permanent or 

11 temporary injunction, restraining order, or other 

12 order against the employer, as the Secretary deems 

13 necessary. 

14 ‘‘(f) 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 United States city average) for the 48 month period end20 ing with September of the year preceding the year such 

21 adjustment is made. Any adjustment under this subpara22 graph shall be rounded to the nearest dollar. 

23 ‘‘(g) PROHIBITION OF INDEMNITY BONDS.— 

24 ‘‘(1) PROHIBITION.—It is unlawful for an em25 ployer, in the hiring of an individual, to require the 


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1 individual to post a bond or security, to pay or agree 

2 to pay an amount, or otherwise to provide a finan3 cial guaranty or indemnity, against any potential li4 ability arising under this section relating to such hir5 ing of the individual. 

6 ‘‘(2) CIVIL PENALTY.—Any employer which is 

7 determined, after notice and opportunity for mitiga8 tion of the monetary penalty under subsection (d), 

9 to have violated paragraph (1) shall be subject to a 

10 civil penalty of $10,000 for each violation and to an 

11 administrative order requiring the return of any 

12 amounts received in violation of such paragraph to 

13 the individual. 

14 ‘‘(h) PROHIBITION ON AWARD OF GOVERNMENT

15 CONTRACTS, GRANTS, AND AGREEMENTS.— 

16 ‘‘(1) EMPLOYERS WITH NO CONTRACTS, 

17 GRANTS, OR AGREEMENTS.— 

18 ‘‘(A) IN GENERAL.—If an employer who 

19 does not hold a Federal contract, grant, or co20 operative agreement is determined by the Sec21 retary to be a repeat violator of this section the 

22 employer shall be debarred from the receipt of 

23 a Federal contract, grant, or cooperative agree24 ment for a period of 5 years. The Secretary or 

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1 trator of General Services of such a debarment, 

2 and the Administrator of General Services shall 

3 list the employer on the List of Parties Ex4 cluded from Federal Procurement and Non5 procurement Programs for a period of 5 years. 

6 ‘‘(B) WAIVER.—The Administrator of Gen7 eral Services, in consultation with the Secretary 

8 and the Attorney General, may waive operation 

9 of this subsection or may limit the duration or 

10 scope of the debarment. 

11 ‘‘(2) EMPLOYERS WITH CONTRACTS, GRANTS, 

12 OR AGREEMENTS.— 

13 ‘‘(A) IN GENERAL.—An employer who 

14 holds a Federal contract, grant, or cooperative 

15 agreement and is determined by the Secretary 

16 to be a repeat violator of this section or is con17 victed of a crime under this section, shall be 

18 debarred from the receipt of new Federal con19 tracts, grants, or cooperative agreements for a 

20 period of 5 years. 

21 ‘‘(B) NOTICE TO AGENCIES.—Prior to de22 barring the employer under subparagraph (A), 

23 the Secretary, in cooperation with the Adminis24 trator of General Services, shall advise any 

25 agency or department holding a contract, grant, 


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1 or cooperative agreement with the employer of 

2 the Government’s intention to debar the em3 ployer from the receipt of new Federal con4 tracts, grants, or cooperative agreements for a 

5 period of 5 years. 

6 ‘‘(C) WAIVER.—After consideration of the 

7 views of any agency or department that holds 

8 a contract, grant, or cooperative agreement 

9 with the employer, the Secretary may, in lieu of 

10 debarring the employer from the receipt of new 

11 Federal contracts, grants, or cooperative agree12 ments for a period of 5 years, waive operation 

13 of this subsection, limit the duration or scope of 

14 the debarment, or may refer to an appropriate 

15 lead agency the decision of whether to debar the 

16 employer, for what duration, and under what 

17 scope in accordance with the procedures and 

18 standards prescribed by the Federal Acquisition 

19 Regulation. However, any proposed debarment 

20 predicated on an administrative determination 

21 of liability for civil penalty by the Secretary or 

22 the Attorney General shall not be reviewable in 

23 any debarment proceeding. 

24 ‘‘(D) REVIEW.—The decision of whether to 

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1 graph shall be reviewable pursuant to section 9, 

2 Federal Acquisition Regulation. 

3 ‘‘(3) SUSPENSION.—Indictments for violations 

4 of this section or adequate evidence of actions that 

5 could form the basis for debarment under this sub6 section shall be considered a cause for suspension 

7 under the procedures and standards for suspension 

8 prescribed by the Federal Acquisition Regulation. 

9 ‘‘(4) REPEAT VIOLATOR DEFINED.—In this 

10 subsection, the term ‘repeat violator’ means, with re11 spect to an employer, that the employer has violated 

12 paragraph (1)(A), (1)(B), or (2) of subsection (a) 

13 more than 1 time and that such violations were dis14 covered as a result of more than 1 separate inves15 tigation of the employer. A violation of such para16 graph (1)(B) that is inadvertent and unrelated to a 

17 violation of subsection (a)(1)(A) and (a)(2) may not 

18 be considered to be a violation of such paragraph 

19 (1)(B) for the purposes of this paragraph. 

20 ‘‘(i) MISCELLANEOUS PROVISIONS.— 

21 ‘‘(1) DOCUMENTATION.—In providing docu22 mentation or endorsement of authorization of aliens 

23 (other than aliens lawfully admitted for permanent 

24 residence) eligible to be employed in the United 

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1 tions with respect to the period or type of employ2 ment or employer shall be conspicuously stated on 

3 the documentation or endorsement. 

4 ‘‘(2) PREEMPTION.—The provisions of this sec5 tion preempt any State or local law from— 

6 ‘‘(A) imposing civil or criminal sanctions 

7 upon employers who employ or otherwise do 

8 business with unauthorized aliens; 

9 ‘‘(B) requiring, authorizing, or permitting 

10 the use of a federally mandated employment 

11 verification system for any other purpose other 

12 than the one mandated in Federal law, includ13 ing verifying status of renters, determining eli14 gibility for receipt of benefits, enrollment in 

15 school, obtaining or retaining a business license 

16 or other license provided by the unit of govern17 ment, or conducting a background check; and 

18 ‘‘(C) requiring employers to use an em19 ployment verification system, unless otherwise 

20 mandated by Federal law, for purposes such 

21 as— 

22 ‘‘(i) as a condition of receiving a gov23 ernment contract; 

24 ‘‘(ii) as a condition of receiving a 

25 business license; or 


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1 ‘‘(iii) as a penalty. 

2 ‘‘(j) DEFINITIONS.—In this section— 

3 ‘‘(1) EMPLOYER.—The term ‘employer’ means 

4 any person or entity, including any entity of the 

5 Government of the United States, hiring an indi6 vidual for employment in the United States. 

7 ‘‘(2) INDEPENDENT CONTRACTOR.—The term 

8 ‘independent contractor’ includes a person who car9 ries on independent business, contracts to do a piece 

10 of work according to the person’s own means and 

11 methods, and are subject to control only as to re12 sults. Whether a person is an independent con13 tractor, regardless of any self-designation, will be de14 termined on a case-by-case basis. Factors to be con15 sidered in that determination include whether the 

16 person— 

17 ‘‘(A) supplies the tools or materials; 

18 ‘‘(B) makes services available to the gen19 eral public; 

20 ‘‘(C) works for a number of clients at the 

21 same time; 

22 ‘‘(D) has an opportunity for profit or loss 

23 as a result of labor or services provided; 

24 ‘‘(E) invests in facilities to carry out the 

25 work; 


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1 ‘‘(F) directs the order or sequence in which 

2 the work is to be done; and 

3 ‘‘(G) determines the hours during which 

4 the work is to be done. 

5 ‘‘(3) SECRETARY.—Except as otherwise pro6 vided, the term ‘Secretary’ means the Secretary of 

7 Homeland Security. 

8 ‘‘(4) UNAUTHORIZED ALIEN.—The term ‘unau9 thorized alien’ means, with respect to the employ10 ment of an alien at a particular time, that the alien 

11 is not at that time either— 

12 ‘‘(A) an alien lawfully admitted for perma13 nent residence; or 

14 ‘‘(B) authorized to be so employed by this 

15 Act or by the Secretary.’’. 

16 (b) ANTIFRAUD MEASURES FOR SOCIAL SECURITY

17 CARDS.— 

18 (1) IN GENERAL.—Section 205(c)(2)(G) of the 

19 Social Security Act (42 U.S.C. 405(c)(2)(G)) is 

20 amended— 

21 (A) by inserting ‘‘(i)’’ after ‘‘(G)’’; 

22 (B) by striking ‘‘banknote paper’’ and in23 serting ‘‘durable plastic or similar material’’; 

24 and 


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1 (C) by adding at the end the following new 

2 clauses: 

3 ‘‘(ii) Each social security card issued 

4 under this subparagraph shall include an 

5 encrypted machine-readable electronic 

6 identification strip which shall be unique to 

7 the individual to whom the card is issued. 

8 The Commissioner shall develop such elec9 tronic identification strip in consultation 

10 with the Secretary of Homeland Security, 

11 so as to enable employers to use such strip 

12 in accordance with section 274A(a)(1)(B) 

13 of the Immigration and Nationality Act (8 

14 U.S.C. 1324a(a)(1)(B)) to obtain access to 

15 the Electronic Employment Verification 

16 System established by subsection (c) of 

17 this title. 

18 ‘‘(iii) Each social security card issued 

19 under this subparagraph shall— 

20 ‘‘(I) contain physical security fea21 tures designed to prevent tampering, 

22 counterfeiting, or duplication of the 

23 card for fraudulent purposes; 


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1 ‘‘(II) be consistent with the bio2 metric standards for documents de3 scribed in section 737 of this Act; and 

4 ‘‘(III) contain a disclaimer stat5 ing the following: ‘This card shall not 

6 be used for the purpose of identifica7 tion. 

8 ‘‘(iv) The Commissioner shall provide 

9 for the issuance (or reissuance) to each in10 dividual who— 

11 ‘‘(I) has been assigned a Social 

12 Security account number under sub13 paragraph (B), 

14 ‘‘(II) has attained the minimum 

15 age applicable, in the jurisdiction in 

16 which such individual engages in em17 ployment, for legally engaging in such 

18 employment, and 

19 ‘‘(III) files application for such 

20 card under this clause in such form 

21 and manner as shall be prescribed by 

22 the Commissioner, a Social Security 

23 card which meets the preceding re24 quirements of this subparagraph and 

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1 tograph of the individual to whom the 

2 card is issued. 

3 ‘‘(v) The Commissioner shall maintain 

4 an ongoing effort to develop measures in 

5 relation to the Social Security card and the 

6 issuance thereof to preclude fraudulent use 

7 thereof.’’. 

8 (2) SHARING OF INFORMATION WITH THE SEC9 RETARY OF HOMELAND SECURITY.—Section 

10 205(c)(2) of such Act is amended by adding at the 

11 end the following new subparagraph: 

12 ‘‘(I) Upon the issuance of a Social Security 

13 account number under subparagraph (B) to any 

14 individual or the issuance of a Social Security 

15 card under subparagraph (G) to any individual, 

16 the Commissioner of Social Security shall trans17 mit to the Secretary of Homeland Security such 

18 information received by the Commissioner in 

19 the individual’s application for such number or 

20 such card as such Secretary determines nec21 essary and appropriate for administration of 

22 the STRIVE Act of 2007. Such information 

23 shall be used solely for inclusion in the Elec24 tronic Employment Eligibility Verification SysVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 tem established pursuant to title III of such 

2 Act.’’. 

3 (3) EFFECTIVE DATES.—The amendment made 

4 by paragraph (1) shall apply with respect to Social 

5 Security cards issued 2 years after the date of the 

6 enactment of this Act. The amendment made by 

7 paragraph (2) shall apply with respect to the 

8 issuance of Social Security account numbers and So9 cial Security cards after 2 years after the date of the 

10 enactment of this Act. 

11 (c) CONFORMING AMENDMENTS.— 

12 (1) AMENDMENTS.— 

13 (A) REPEAL OF BASIC PILOT.—Sections 

14 401, 402, 403, 404, and 405 of the Illegal Im15 migration Reform and Immigrant Responsibility 

16 Act of 1996 (division C of Public Law 104– 

17 208; 8 U.S.C. 1324a note) are repealed. 

18 (B) REPEAL OF REPORTING REQUIRE19 MENTS.— 

20 (i) REPORT ON EARNINGS OF ALIENS

21 NOT AUTHORIZED TO WORK.—Subsection 

22 (c) of section 290 (8 U.S.C. 1360) is re23 pealed. 

24 (ii) REPORT ON FRAUDULENT USE OF

25 SOCIAL SECURITY ACCOUNT NUMBERS.— 


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1 Subsection (b) of section 414 of the Illegal 

2 Immigration Reform and Immigrant Re3 sponsibility Act of 1996 (division C of 

4 Public Law 104–208; 8 U.S.C. 1360 note) 

5 is repealed. 

6 (C) REPEAL OF DEFINITION.—Paragraph 

7 (1)(F) of section 1961 of title 18, United 

8 States Code, is repealed. 

9 (2) CONSTRUCTION.—Nothing in this sub10 section or in subsection (c) of section 274A, as 

11 amended by subsection (a), may be construed to 

12 limit the authority of the Secretary to allow or con13 tinue to allow the participation of employers who 

14 participated in the basic pilot program under such 

15 sections 401, 402, 403, 404, and 405 of the Illegal 

16 Immigration Reform and Immigrant Responsibility 

17 Act of 1996 (division C of Public Law 104–208; 8 

18 U.S.C. 1324a note) in the Electronic Employment 

19 Verification System established pursuant to such 

20 subsection (d). 

21 (d) TECHNICAL AMENDMENTS.— 

22 (1) DEFINITION OF UNAUTHORIZED ALIEN.— 

23 Sections 218(i)(1) (8 U.S.C. 1188(i)(1)), 245(c)(8) 

24 (8 U.S.C. 1255(c)(8)), 274(a)(3)(B)(i) (8 U.S.C. 

25 1324(a)(3)(B)(i)), and 274B(a)(1) (8 U.S.C. 


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1 1324b(a)(1)) are amended by striking ‘‘274A(h)(3)’’ 

2 and inserting ‘‘274A(h)’’. 

3 (2) DOCUMENT REQUIREMENTS.—Section 274B 

4 (8 U.S.C. 1324b) is amended— 

5 (A) in subsections (a)(6) and (g)(2)(B), by 

6 striking ‘‘274A(b)’’ and inserting ‘‘274A(d)’’; 

7 and 

8 (B) in subsection (g)(2)(B)(ii), by striking 

9 ‘‘274A(b)(5)’’ and inserting ‘‘274A(d)(9)’’. 

10 (e) OFFICE OF ELECTRONIC VERIFICATION.— 

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

12 the Office of Electronic Verification within the Of13 fice of Screening Coordination of the Department. 

14 (2) RESPONSIBILITIES.—The head of the Office 

15 of Electronic Verification shall work with the Com16 missioner of Social Security— 

17 (A) to ensure the information maintained 

18 in the Electronic Employment Verification Sys19 tem established in subsection (c) of section 

20 274A of the Immigration and Nationality Act, 

21 as amended by subsection (a), is updated in a 

22 manner that promotes maximum accuracy; 

23 (B) to ensure a process is provided for cor24 recting erroneous information continued in such 

25 System; 


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1 (C) to ensure that the data received from 

2 field offices of United States Customs and Bor3 der Protection or from other points of contact 

4 between aliens and the Department of Home5 land Security is registered in all relevant data6 bases; 

7 (D) to ensure that the data received from 

8 field offices of the Social Security Administra9 tion and other points of contact between nation10 als of the United States and the Social Security 

11 Administration is registered within all relevant 

12 databases; 

13 (E) to ensure that the Department has a 

14 sufficient number of personnel to conduct man15 ual verifications described in paragraph (2)(ii) 

16 of such subsection (c); 

17 (F) to establish and promote telephone 

18 help lines accessible to employers and individ19 uals 24-hours a day that provide information 

20 regarding the functioning of such System or 

21 specific issues related to the issuance of a ten22 tative nonconfirmations issued by the System; 

23 (G) to establish an outreach and education 

24 program to ensure that all new employers are 


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1 fully informed of their responsibilities under 

2 such System; 

3 (H) to conduct random audits of individ4 ual’s files in the Government’s database each 

5 year to determine accuracy rates and require 

6 corrections of errors in a timely manner; and 

7 (I) to provide to the employer anti-dis8 crimination notices issued by the Office of Spe9 cial Counsel for Immigration-Related Unfair 

10 Employment Practices of the Civil Rights Divi11 sion of the Department of Justice. 

12 (f) REQUIREMENT FOR REPORTS.—Not later than 2 

13 years after the date of enactment of this Act, and annually 

14 thereafter, the Comptroller General of the United States 

15 shall submit to the Secretary and to Congress a report 

16 on the impact of the Electronic Employment Verification 

17 System described in section 274A(c) of the Immigration 

18 and Nationality Act, as amended by subsection (a), on em19 ployers and employees in the United States. Each such 

20 report shall include the following: 

21 (1) An assessment of the impact of the System 

22 on the employment of aliens who are not eligible for 

23 employment in the United States, including whether 

24 the System has indirectly caused an increase in ex25 ploitation of unauthorized workers. 


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1 (2) An assessment of the accuracy of the data2 bases utilized by the System and of the timeliness 

3 and accuracy of the responses provided through the 

4 System to employers. 

5 (3) An assessment of the privacy and confiden6 tiality of the System and of the overall security of 

7 the System with respect to cybertheft and theft or 

8 misuse of private data. 

9 (4) An assessment of whether the System is 

10 being implemented in a nondiscriminatory and non11 retaliatory manner. 

12 (5) An assessment of the most common causes 

13 for the erroneous issuance of nonconfirmations by 

14 the System and recommendations to correct such 

15 causes. 

16 (6) Recommendations regarding a funding 

17 scheme for the maintenance of the System which 

18 may include minimal costs to employers or individ19 uals. 

20 (7) The recommendations of the Comptroller 

21 General regarding whether or not the System should 

22 be modified prior to further expansion. 

23 (g) EFFECTIVE DATE.—The amendments made by 

24 subsections (a), (b), and (c) shall take effect on the date 


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

2 Act. 

3 SEC. 302. CLARIFICATION OF INELIGIBILITY FOR MIS4 REPRESENTATION. 

5 Section 212(a)(6)(C)(ii)(I) (8 U.S.C. 

6 1182(a)(6)(C)(ii)(I)), is amended by striking ‘‘citizen’’ 

7 and inserting ‘‘national’’. 

8 SEC. 303. ANTIDISCRIMINATION PROTECTIONS. 

9 (a) APPLICATION OF PROHIBITION OF DISCRIMINA10 TION TO VERIFICATION SYSTEM.—Section 274B(a)(1) (8 

11 U.S.C. 1324b(a)(1)) is amended by inserting ‘‘, the 

12 verification of the individual’s eligibility for employment 

13 through the Electronic Employment Verification System 

14 described in section 274A(c),’’ after ‘‘the individual for 

15 employment’’. 

16 (b) CLASSES OF ALIENS AS PROTECTED INDIVID17 UALS.—Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) 

18 is amended to read as follows— 

19 ‘‘(B) is an alien who is— 

20 ‘‘(i) lawfully admitted for permanent 

21 residence; 

22 ‘‘(ii) granted the status of an alien 

23 lawfully admitted for temporary residence 

24 under section 210(a) or 245A(a); 


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1 ‘‘(iii) admitted as a refugee under sec2 tion 207; 

3 ‘‘(iv) granted asylum under section 

4 208; 

5 ‘‘(v) granted the nonimmigrant status 

6 under section 101(a)(15)(H)(ii)(c); 

7 ‘‘(vi) granted temporary protected sta8 tus under section 244; or 

9 ‘‘(vii) granted parole under section 

10 212(d)(5).’’. 

11 (c) REQUIREMENTS FOR ELECTRONIC EMPLOYMENT

12 VERIFICATION.—Section 274B(a) (8 U.S.C. 1324b(a)) is 

13 amended by adding at the end the following: 

14 ‘‘(7) ANTIDISCRIMINATION REQUIREMENTS OF

15 THE ELECTRONIC EMPLOYMENT VERIFICATION SYS16 TEM.—It is an unfair immigration-related employ17 ment practice for a person or other entity, in the 

18 course of the Electronic Employment Verification 

19 System described in section 274A(c)— 

20 ‘‘(A) to terminate the employment of an 

21 individual due to a tentative nonconfirmation 

22 issued by such System, with respect to that in23 dividual; 


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1 ‘‘(B) to use the System for screening of an 

2 applicant for employment prior to making the 

3 individual an offer of employment; 

4 ‘‘(C) to reverify the employment authoriza5 tion of current employees beyond the time pe6 riod set out in 274A(c)(2); or 

7 ‘‘(D) to use the System selectively to ex8 clude certain individuals from consideration for 

9 employment as a result of a perceived likelihood 

10 that additional verification will be required, be11 yond what is required for most job applicants.’’. 

12 (d) INCREASE IN CIVIL MONEY PENALTIES.—Section 

13 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended— 

14 (1) in subparagraph (B)(iv)— 

15 (A) in subclause (I), by striking ‘‘$250 and 

16 not more than $1,000’’ and inserting ‘‘$2,000 

17 and not more than $4,000’’; 

18 (B) in subclause (II), by striking ‘‘$2,000 

19 and not more than $5,000’’ and inserting 

20 ‘‘$4,000 and not more than $10,000’’; 

21 (C) in subclause (III), by striking ‘‘$3,000 

22 and not more than $10,000’’ and inserting 

23 ‘‘$6,000 and not more than $20,000’’; 


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1 (D) in subclause (IV), by striking ‘‘$100 

2 and not more than $1,000’’ and inserting 

3 ‘‘$500 and not more than $5,000.’’ 

4 (e) INCREASED FUNDING OF INFORMATION CAM5 PAIGN.—Section 274B(l)(3) (8 U.S.C. 1324b(l)(3)) is 

6 amended by inserting ‘‘and an additional $40,000,000 for 

7 each of fiscal years 2008 through 2010’’ before the period 

8 at the end. 

9 (f) EFFECTIVE DATE.—The amendments made by 

10 this title shall take effect on the date of the enactment 

11 of this Act and shall apply to violations occurring on or 

12 after such date. 

13 SEC. 304. ADDITIONAL PROTECTIONS. 

14 Section 274B (8 U.S.C. 1324b) is amended— 

15 (1) in subsection (a), by amending paragraph 

16 (1) to read as follows: 

17 ‘‘(1) IN GENERAL.—It is an unfair immigra18 tion-related employment practice for a person or 

19 other entity to discriminate against any individual 

20 (other than an unauthorized alien defined in section 

21 274A(h)(3)) with respect to— 

22 ‘‘(A) the hiring, or recruitment or referral 

23 for a fee, of the individual for employment or 

24 the discharging of the individual from employ25 ment— 


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1 ‘‘(i) because of such individual’s na2 tional origin; or 

3 ‘‘(ii) in the case of a protected indi4 vidual, because of such individual’s citizen5 ship status; or 

6 ‘‘(B) the compensation, terms, or condi7 tions of the employment of the individual.’’; 

8 (2) in subsection (a)(6), by striking ‘‘if made 

9 for the purpose or with the intent of discriminating 

10 against an individual in violation of paragraph (1)’’ 

11 and inserting ‘‘in violation of paragraph (1), subject 

12 to additional information and compliance assistance 

13 being provided to employers to assist them in com14 plying with the law’’; 

15 (3) in subsection (d)— 

16 (A) in paragraph (1), by striking ‘‘and, 

17 based on such an investigation and subject to 

18 paragraph (3), file a complaint before such a 

19 judge’’ and inserting ‘‘Any such investigation 

20 shall begin not later than 180 days after the al21 leged discriminatory act. Any such complaint 

22 filed with an administrative law judge shall be 

23 filed not later than 1 year after the commence24 ment of the independent investigation.’’; and 

25 (B) by striking paragraph (3); and 


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1 (4) in subsection (g)(2)(B)(iii), by inserting ‘‘, 

2 and to provide such other relief as the administra3 tive law judge determines appropriate to make the 

4 individual whole’’ before the semicolon at the end. 

5 SEC. 305. ADDITIONAL WORKSITE ENFORCEMENT AND 

6 FRAUD DETECTION AGENTS. 

7 (a) INCREASE IN NUMBER OF PERSONNEL.—The 

8 Secretary shall, subject to the availability of appropria9 tions for such purpose, annually increase, by not less than 

10 2,200, the number of personnel of the Bureau of Immigra11 tion and Customs Enforcement during the 5-year period 

12 beginning on the date of the enactment of this Act. 

13 (b) USE OF PERSONNEL.—The Secretary shall en14 sure that not less than 25 percent of all the hours ex15 pended by personnel of the Bureau of Immigration and 

16 Customs Enforcement shall be used to enforce compliance 

17 with sections 274A and 274C of the Immigration and Na18 tionality Act (8 U.S.C. 1324a and 1324c). 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary for 

21 each of the fiscal years 2007 through 2011 such sums as 

22 may be necessary to carry out this section. 


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1 SEC. 306. AMENDMENTS TO THE SOCIAL SECURITY ACT 

2 AND THE INTERNAL REVENUE CODE. 

3 (a) SOCIAL SECURITY ACT.—Section 205(c)(2) of the 

4 Social Security Act (42 U.S.C. 405(c)(2)) is amended by 

5 adding at the end the following new subparagraphs: 

6 ‘‘(I)(i) The Commissioner of Social Secu7 rity shall, subject to the provisions of title III 

8 of the STRIVE Act of 2007, establish a reli9 able, secure method to provide through the 

10 Electronic Employment Verification System es11 tablished pursuant to section 274A(c) of the 

12 Immigration and Nationality Act (referred to in 

13 this subparagraph as the ‘System’), within the 

14 time periods required by such subsection— 

15 ‘‘(I) a determination of whether the 

16 name, date of birth, employer identification 

17 number, and social security account num18 ber of an individual provided in an inquiry 

19 made to the System by an employer is con20 sistent with such information maintained 

21 by the Commissioner in order to confirm 

22 the validity of the information provided; 

23 ‘‘(II) a determination of the citizen24 ship status associated with such name and 

25 social security account number, according 


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1 to the records maintained by the Commis2 sioner; 

3 ‘‘(III) a determination of whether the 

4 name and number belongs to an individual 

5 who is deceased, according to the records 

6 maintained by the Commissioner; 

7 ‘‘(IV) a determination of whether the 

8 name and number is blocked in accordance 

9 with clause (ii); and 

10 ‘‘(V) a confirmation or a nonconfirma11 tion described in such subsection (c), in a 

12 manner that ensures that other informa13 tion maintained by the Commissioner is 

14 not disclosed or released to employers 

15 through the System. 

16 ‘‘(ii) The Commissioner of Social Security 

17 shall prevent the fraudulent or other misuse of 

18 a social security account number by establishing 

19 procedures under which an individual who has 

20 been assigned a social security account number 

21 may block the use of such number under the 

22 System and remove such block. 

23 ‘‘(J) In assigning social security account 

24 numbers to aliens who are authorized to work 

25 in the United States under section 218A of the 


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1 Immigration and Nationality Act, the Commis2 sioner of Social Security shall, to the maximum 

3 extent practicable, assign such numbers by em4 ploying the enumeration procedure administered 

5 jointly by the Commissioner, the Secretary of 

6 State, and the Secretary.’’. 

7 (b) DISCLOSURE OF CERTAIN TAXPAYER IDENTITY

8 INFORMATION.— 

9 (1) IN GENERAL.—Section 6103(l) of the Inter10 nal Revenue Code of 1986 is amended by adding at 

11 the end the following new paragraph: 

12 ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER

13 IDENTITY INFORMATION BY SOCIAL SECURITY AD14 MINISTRATION TO DEPARTMENT OF HOMELAND SE15 CURITY.— 

16 ‘‘(A) IN GENERAL.—From taxpayer iden17 tity information which has been disclosed to the 

18 Social Security Administration and upon writ19 ten request by the Secretary of Homeland Secu20 rity, the Commissioner of Social Security shall 

21 disclose directly to officers, employees, and con22 tractors of the Department of Homeland Secu23 rity the following information: 

24 ‘‘(i) DISCLOSURE OF EMPLOYER NO25 MATCH NOTICES.—Taxpayer identity inforVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 mation of each person who has filed an in2 formation return required by reason of sec3 tion 6051 during calendar year 2006, 

4 2007, or 2008 which contains— 

5 ‘‘(I) more than 100 names and 

6 taxpayer identifying numbers of em7 ployees (within the meaning of such 

8 section) that did not match the 

9 records maintained by the Commis10 sioner of Social Security; or 

11 ‘‘(II) more than 10 names of em12 ployees (within the meaning of such 

13 section) with the same taxpayer iden14 tifying number. 

15 ‘‘(ii) DISCLOSURE OF INFORMATION

16 REGARDING USE OF DUPLICATE EMPLOYEE

17 TAXPAYER IDENTIFYING INFORMATION.— 

18 Taxpayer identity information of each per19 son who has filed an information return re20 quired by reason of section 6051 which the 

21 Commissioner of Social Security has rea22 son to believe, based on a comparison with 

23 information submitted by the Secretary of 

24 Homeland Security, contains evidence of 

25 identity fraud due to the multiple use of 


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1 the same taxpayer identifying number (as2 signed under section 6109) of an employee 

3 (within the meaning of section 6051). 

4 ‘‘(iii) DISCLOSURE OF INFORMATION

5 REGARDING NONPARTICIPATING EMPLOY6 ERS.—Taxpayer identity information of 

7 each person who has filed an information 

8 return required by reason of section 6051 

9 which the Commissioner of Social Security 

10 has reason to believe, based on a compari11 son with information submitted by the Sec12 retary of Homeland Security, contains evi13 dence of such person’s failure to register 

14 and participate in the Electronic Employ15 ment Verification System authorized under 

16 section 274A(c) of the Immigration and 

17 Nationality Act (hereafter in this para18 graph referred to as the ‘System’). 

19 ‘‘(iv) DISCLOSURE OF INFORMATION

20 REGARDING NEW EMPLOYEES OF NON21 PARTICIPATING EMPLOYERS.—Taxpayer 

22 identity information of all employees (with23 in the meaning of section 6051) hired after 

24 the date a person identified in clause (iii) 

25 is required to participate in the System 


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1 under section 274A(c)(10) of the Immigra2 tion and Nationality Act. 

3 ‘‘(v) DISCLOSURE OF INFORMATION

4 REGARDING EMPLOYEES OF CERTAIN DES5 IGNATED EMPLOYERS.—Taxpayer identity 

6 information of all employees (within the 

7 meaning of section 6051) of each person 

8 who is required to participate in the Sys9 tem under such section 274A(c)(10) of the 

10 Immigration and Nationality Act. 

11 ‘‘(vi) DISCLOSURE OF NEW HIRE TAX12 PAYER IDENTITY INFORMATION.—Tax13 payer identity information of each person 

14 participating in the System and taxpayer 

15 identity information of all employees (with16 in the meaning of section 6051) of such 

17 person hired during the period beginning 

18 with the later of— 

19 ‘‘(I) the date such person begins 

20 to participate in the System; or 

21 ‘‘(II) the date of the request im22 mediately preceding the most recent 

23 request under this clause, 

24 ending with the date of the most recent re25 quest under this clause. 


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1 ‘‘(B) RESTRICTION ON DISCLOSURE.—The 

2 Commissioner of Social Security shall disclose 

3 taxpayer identity information under subpara4 graph (A) only for purposes of, and to the ex5 tent necessary in— 

6 ‘‘(i) establishing and enforcing em7 ployer participation in the System; 

8 ‘‘(ii) carrying out, including through 

9 civil administrative and civil judicial pro10 ceedings, of sections 212, 217, 235, 237, 

11 238, 274A, 274B, and 274C of the Immi12 gration and Nationality Act; and 

13 ‘‘(iii) the civil operation of the Alien 

14 Terrorist Removal Court. 

15 ‘‘(C) REIMBURSEMENT.—The Commis16 sioner of Social Security shall prescribe a rea17 sonable fee schedule for furnishing taxpayer 

18 identity information under this paragraph and 

19 collect such fees in advance from the Secretary 

20 of Homeland Security. 

21 ‘‘(D) TERMINATION.—This paragraph 

22 shall not apply to any request made after the 

23 date which is 3 years after the date of the en24 actment of this paragraph.’’. 


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1 (2) COMPLIANCE BY DHS CONTRACTORS WITH

2 CONFIDENTIALITY SAFEGUARDS.— 

3 (A) IN GENERAL.—Section 6103(p) of 

4 such Code is amended by adding at the end the 

5 following new paragraph: 

6 ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— 

7 Notwithstanding any other provision of this section, 

8 no return or return information shall be disclosed to 

9 any contractor of the Department of Homeland Se10 curity unless the Secretary of Homeland Security, to 

11 the satisfaction of the Secretary— 

12 ‘‘(A) has requirements in effect which re13 quire each such contractor which would have 

14 access to returns or return information to pro15 vide safeguards (within the meaning of para16 graph (4)) to protect the confidentiality of such 

17 returns or return information; 

18 ‘‘(B) agrees to conduct an on-site review 

19 every 3 years (mid-point review in the case of 

20 contracts or agreements of less than 1 year in 

21 duration) of each contractor to determine com22 pliance with such requirements; 

23 ‘‘(C) submits the findings of the most re24 cent review conducted under subparagraph (B) 


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1 to the Secretary as part of the report required 

2 by paragraph (4)(E); and 

3 ‘‘(D) certifies to the Secretary for the most 

4 recent annual period that such contractor is in 

5 compliance with all such requirements. 

6 The certification required by subparagraph (D) shall 

7 include the name and address of each contractor, a 

8 description of the contract or agreement with such 

9 contractor, and the duration of such contract or 

10 agreement.’’. 

11 (3) CONFORMING AMENDMENTS.— 

12 (A) Section 6103(a)(3) of such Code is 

13 amended by striking ‘‘or (20)’’ and inserting 

14 ‘‘(20), or (21)’’. 

15 (B) Section 6103(p)(3)(A) of such Code is 

16 amended by adding at the end the following 

17 new sentence: ‘‘The Commissioner of Social Se18 curity shall provide to the Secretary such infor19 mation as the Secretary may require in carrying 

20 out this paragraph with respect to return infor21 mation inspected or disclosed under the author22 ity of subsection (l)(21).’’. 

23 (C) Section 6103(p)(4) of such Code is 

24 amended— 


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1 (i) by striking ‘‘or (17)’’ both places it 

2 appears and inserting ‘‘(17), or (21)’’; and 

3 (ii) by striking ‘‘or (20)’’ each place it 

4 appears and inserting ‘‘(20), or (21)’’. 

5 (D) Section 6103(p)(8)(B) of such Code is 

6 amended by inserting ‘‘or paragraph (9)’’ after 

7 ‘‘subparagraph (A)’’. 

8 (E) Section 7213(a)(2) of such Code is 

9 amended by striking ‘‘or (20)’’ and inserting 

10 ‘‘(20), or (21)’’. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.— 

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

13 appropriated to the Secretary such sums as are nec14 essary to carry out the amendments made by this 

15 section. 

16 (2) LIMITATION ON VERIFICATION RESPON17 SIBILITIES OF COMMISSIONER OF SOCIAL SECU18 RITY.—The Commissioner of Social Security is au19 thorized to perform activities with respect to car20 rying out the Commissioner’s responsibilities in this 

21 title or the amendments made by this title, but only 

22 to the extent the Secretary has provided, in advance, 

23 funds to cover the Commissioner’s full costs in car24 rying out such responsibilities. In no case shall 

25 funds from the Federal Old-Age and Survivors InVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 surance Trust Fund or the Federal Disability Insur2 ance Trust Fund be used to carry out such respon3 sibilities. 

4 (d) EFFECTIVE DATES.— 

5 (1) SOCIAL SECURITY ACT.—The amendments 

6 made by subsection (a) shall take effect on the date 

7 that is 180 days after the date of the enactment of 

8 this Act. 

9 (2) INTERNAL REVENUE CODE.— 

10 (A) IN GENERAL.—The amendments made 

11 by subsection (b) shall apply to disclosures 

12 made after the date of the enactment of this 

13 Act. 

14 (B) CERTIFICATIONS.—The first certifi15 cation under section 6103(p)(9)(D) of the In16 ternal Revenue Code of 1986, as added by sub17 section (b)(2), shall be made with respect to 

18 calendar year 2007. 

19 TITLE IV—NEW WORKER 

20 PROGRAM 

21 SEC. 401. NONIMMIGRANT WORKER. 

22 Section 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is 

23 amended to read as follows: 

24 ‘‘(H) an alien— 

25 ‘‘(i)(b) subject to section 212(j)(2)— 


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1 ‘‘(aa) who is coming temporarily 

2 to the United States to perform serv3 ices (other than services described in 

4 clause (ii)(a) or subparagraph (O) or 

5 (P)) in a specialty occupation de6 scribed in section 214(i)(1) or as a 

7 fashion model; 

8 ‘‘(bb) who meets the require9 ments for the occupation specified in 

10 section 214(i)(2) or, in the case of a 

11 fashion model, is of distinguished 

12 merit and ability; and 

13 ‘‘(cc) with respect to whom the 

14 Secretary of Labor determines and 

15 certifies to the Secretary of Homeland 

16 Security that the intending employer 

17 has filed an application with the Sec18 retary in accordance with section 

19 212(n)(1); 

20 ‘‘(b1)(aa) who is entitled to enter the 

21 United States under the provisions of an 

22 agreement listed in section 214(g)(8)(A); 

23 ‘‘(bb) who is engaged in a specialty 

24 occupation described in section 214(i)(3); 

25 and 


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1 ‘‘(cc) with respect to whom the Sec2 retary of Labor determines and certifies to 

3 the Secretary of Homeland Security and 

4 the Secretary of State that the intending 

5 employer has filed an attestation with the 

6 Secretary of Labor in accordance with sec7 tion 212(t)(1); or 

8 ‘‘(c)(aa) who is coming temporarily to 

9 the United States to perform services as a 

10 registered nurse; 

11 ‘‘(bb) who meets the qualifications de12 scribed in section 212(m)(1); and 

13 ‘‘(cc) with respect to whom the Sec14 retary of Labor determines and certifies to 

15 the Secretary of Homeland Security that 

16 an unexpired attestation is on file and in 

17 effect under section 212(m)(2) for the fa18 cility (as defined in section 212(m)(6)) for 

19 which the alien will perform the services; 

20 or 

21 ‘‘(ii)(a) who— 

22 ‘‘(aa) has a residence in a foreign 

23 country which the alien has no intention of 

24 abandoning; and 


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1 ‘‘(bb) is coming temporarily to the 

2 United States to perform agricultural labor 

3 or services (as defined by the Secretary of 

4 Labor), including agricultural labor (as de5 fined in section 3121(g) of the Internal 

6 Revenue Code of 1986), agriculture (as de7 fined in section 3(f) of the Fair Labor 

8 Standards Act of 1938 (29 U.S.C. 

9 203(f))), and the pressing of apples for 

10 cider on a farm, of a temporary or sea11 sonal nature; 

12 ‘‘(b) who— 

13 ‘‘(aa) has a residence in a foreign 

14 country which the alien has no inten15 tion of abandoning; 

16 ‘‘(bb) is coming temporarily to 

17 the United States to perform non18 agricultural work or services of a tem19 porary or seasonal nature (if unem20 ployed persons capable of performing 

21 such work or services cannot be found 

22 in the United States), excluding med23 ical school graduates coming to the 

24 United States to perform services as 

25 members of the medical profession; or 


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1 ‘‘(c) who— 

2 ‘‘(aa) is coming temporarily to 

3 the United States to initially perform 

4 temporary labor or services other than 

5 the labor or services described in 

6 clause (i)(b), (i)(b1), (i)(c), (ii)(a), or 

7 (iii), subparagraph (D), (E), (I), (L), 

8 (O), (P), or (R), or section 214(e) (if 

9 United States workers who are able, 

10 willing, and qualified to perform such 

11 labor or services cannot be found in 

12 the United States); and 

13 ‘‘(bb) meets the requirements of 

14 section 218A, including the filing of a 

15 petition under such section on behalf 

16 of the alien; 

17 ‘‘(iii) who— 

18 ‘‘(a) has a residence in a foreign 

19 country which the alien has no inten20 tion of abandoning; and 

21 ‘‘(b) is coming temporarily to the 

22 United States as a trainee (other than 

23 to receive graduate medical education 

24 or training) in a training program 


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1 that is not designed primarily to pro2 vide productive employment; or 

3 ‘‘(iv) who— 

4 ‘‘(a) is the spouse or a minor 

5 child of an alien described in this sub6 paragraph; and 

7 ‘‘(b) is accompanying or following 

8 to join such alien.’’. 

9 SEC. 402. ADMISSION OF NONIMMIGRANT WORKERS. 

10 (a) NEW WORKERS.—Chapter 2 of title II (8 U.S.C. 

11 1181 et seq.) is amended by inserting after section 218 

12 the following: 

13 ‘‘SEC. 218A. ADMISSION OF H–2C NONIMMIGRANTS. 

14 ‘‘(a) AUTHORIZATION.—The Secretary of State may 

15 grant a temporary visa to an H–2C nonimmigrant who 

16 demonstrates an intent to perform labor or services in the 

17 United States (other than the labor or services described 

18 in clause (i)(b), (i)(b1), (i)(c), (ii)(a), or (iii) of section 

19 101(a)(15)(H), subparagraph (D), (E), (I), (L), (O), (P), 

20 or (R) of section 101(a)(15), or section 214(e) (if United 

21 States workers who are able, willing, and qualified to per22 form such labor or services cannot be found in the United 

23 States). 


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1 ‘‘(b) REQUIREMENTS FOR ADMISSION.—An alien 

2 shall be eligible for H–2C nonimmigrant status if the alien 

3 meets the following requirements: 

4 ‘‘(1) ELIGIBILITY TO WORK.—The alien shall 

5 establish that the alien is capable of performing the 

6 labor or services required for an occupation de7 scribed in section 101(a)(15)(H)(ii)(c). 

8 ‘‘(2) EVIDENCE OF EMPLOYMENT OFFER.—The 

9 alien’s evidence of employment shall be provided in 

10 accordance with the requirements issued by the Sec11 retary of State, in consultation with the Secretary of 

12 Labor. In carrying out this paragraph, the Secretary 

13 may consider evidence from employers, employer as14 sociations, and labor representatives. 

15 ‘‘(3) FEE.—The alien shall pay a $500 visa 

16 issuance fee in addition to the cost of processing and 

17 adjudicating such application. Nothing in this para18 graph shall be construed to affect consular proce19 dures for charging reciprocal fees. 

20 ‘‘(4) MEDICAL EXAMINATION.—The alien shall 

21 undergo a medical examination (including a deter22 mination of immunization status), at the alien’s ex23 pense, that conforms to generally accepted standards 

24 of medical practice. 

25 ‘‘(5) APPLICATION CONTENT AND WAIVER.— 


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1 ‘‘(A) APPLICATION FORM.—The alien shall 

2 submit to the Secretary of State a completed 

3 application, which contains evidence that the re4 quirements under paragraphs (1) and (2) have 

5 been met. 

6 ‘‘(B) CONTENT.—In addition to any other 

7 information that the Secretary requires to de8 termine an alien’s eligibility for H–2C non9 immigrant status, the Secretary of State shall 

10 require an alien to provide information con11 cerning the alien’s— 

12 ‘‘(i) physical and mental health; 

13 ‘‘(ii) criminal history and gang mem14 bership; 

15 ‘‘(iii) immigration history; and 

16 ‘‘(iv) involvement with groups or indi17 viduals that have engaged in terrorism, 

18 genocide, persecution, or who seek the 

19 overthrow of the United States Govern20 ment. 

21 ‘‘(C) KNOWLEDGE.—The alien shall in22 clude with the application submitted under this 

23 paragraph a signed certification in which the 

24 alien certifies that— 


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1 ‘‘(i) the alien has read and under2 stands all of the questions and statements 

3 on the application form; 

4 ‘‘(ii) the alien certifies under penalty 

5 of perjury under the laws of the United 

6 States that the application, and any evi7 dence submitted with it, are all true and 

8 correct; and 

9 ‘‘(iii) the applicant authorizes the re10 lease of any information contained in the 

11 application and any attached evidence for 

12 law enforcement purposes. 

13 ‘‘(c) GROUNDS OF INADMISSIBILITY.— 

14 ‘‘(1) IN GENERAL.—In determining an alien’s 

15 admissibility as an H–2C nonimmigrant— 

16 ‘‘(A) paragraphs (5), (6) (except subpara17 graph (E)), (7), (9), and (10)(B) of section 

18 212(a) may not apply with respect to conduct 

19 that occurred before the effective date of the 

20 STRIVE Act; 

21 ‘‘(B) the Secretary of Homeland Security 

22 may not waive the application of— 

23 ‘‘(i) subparagraph (A), (B), (C), 

24 (D)(ii), (E), (G), (H), or (I) of section 

25 212(a)(2); 


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1 ‘‘(ii) section 212(a)(3); or 

2 ‘‘(iii) subparagraph (A), (C) or (D) of 

3 section 212(a)(10); 

4 ‘‘(C) the Secretary of State may waive the 

5 application of any provision of section 212(a) 

6 not listed in subparagraph (B) on behalf of an 

7 individual alien— 

8 ‘‘(i) for humanitarian purposes; 

9 ‘‘(ii) to ensure family unity; or 

10 ‘‘(iii) if such a waiver is otherwise in 

11 the public interest; 

12 ‘‘(D) nothing in this paragraph shall be 

13 construed as affecting the authority of the Sec14 retary other than under this paragraph to waive 

15 the provisions of section 212(a). 

16 ‘‘(2) RENEWAL OF AUTHORIZED ADMISSION

17 AND SUBSEQUENT ADMISSIONS.—An alien seeking 

18 renewal of authorized admission or subsequent ad19 mission as an H–2C nonimmigrant shall establish 

20 that the alien is not inadmissible under section 

21 212(a). 

22 ‘‘(3) BACKGROUND CHECKS.—The Secretary of 

23 Homeland Security shall not admit, and the Sec24 retary of State shall not issue a visa to, an alien 


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1 seeking H–2C nonimmigrant status unless all appro2 priate background checks have been completed. 

3 ‘‘(d) PERIOD OF AUTHORIZED ADMISSION.— 

4 ‘‘(1) AUTHORIZED PERIOD.—The initial period 

5 of authorized admission as an H–2C nonimmigrant 

6 shall be 3 years. 

7 ‘‘(2) RENEWAL.—Before the expiration of the 

8 initial period under paragraph (1), an H–2C non9 immigrant may submit an application to the Sec10 retary of Homeland Security to extend H–2C non11 immigrant status for 1 additional 3-year period. The 

12 Secretary may not require an applicant under this 

13 paragraph to depart the United States as a condi14 tion for granting such extension. 

15 ‘‘(3) INTERNATIONAL COMMUTERS.—An alien 

16 who maintains actual residence and place of abode 

17 outside the United States and commutes into the 

18 United States to work as an H–2C nonimmigrant, 

19 is not subject to the time limitations under para20 graphs (1) and (2). 

21 ‘‘(4) LOSS OF EMPLOYMENT.— 

22 ‘‘(A) IN GENERAL.— 

23 ‘‘(i) PERIOD OF UNEMPLOYMENT.— 

24 Subject to clause (ii) and subsection (c), 

25 the period of authorized admission of an 


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1 H–2C nonimmigrant shall terminate if the 

2 alien is unemployed for 60 or more con3 secutive days. 

4 ‘‘(ii) EXCEPTION.—The period of au5 thorized admission of an H–2C non6 immigrant shall not terminate if the alien 

7 is unemployed for 60 or more consecutive 

8 days if the alien submits documentation to 

9 the Secretary of Homeland Security that 

10 establishes that such unemployment was 

11 caused by— 

12 ‘‘(I) a period of physical or men13 tal disability of the alien or the 

14 spouse, son, daughter, or parent (as 

15 defined in section 101 of the Family 

16 and Medical Leave Act of 1993 (29 

17 U.S.C. 2611)) of the alien; 

18 ‘‘(II) a period of vacation, med19 ical leave, maternity leave, or similar 

20 leave from employment authorized by 

21 employer policy, State law, or Federal 

22 law; or 

23 ‘‘(III) any other period of tem24 porary unemployment that is the di25 rect result of a major disaster or 


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1 emergency (as defined under section 

2 532 of the STRIVE Act. 

3 ‘‘(B) RETURN TO FOREIGN RESIDENCE.— 

4 Any alien whose period of authorized admission 

5 terminates under subparagraph (A) shall be re6 quired to leave the United States. 

7 ‘‘(C) PERIOD OF VISA VALIDITY.—Any 

8 alien, whose period of authorized admission ter9 minates under subparagraph (A), who leaves 

10 the United States under subparagraph (B), 

11 may reenter the United States as an H–2C 

12 nonimmigrant to work for an employer, if the 

13 alien has complied with the requirements of 

14 subsection (b). 

15 ‘‘(5) VISITS OUTSIDE THE UNITED STATES.— 

16 ‘‘(A) IN GENERAL.—Under regulations es17 tablished by the Secretary of Homeland Secu18 rity, an H–2C nonimmigrant— 

19 ‘‘(i) may travel outside of the United 

20 States; and 

21 ‘‘(ii) may be readmitted without hav22 ing to obtain a new visa if the period of 

23 authorized admission has not expired. 

24 ‘‘(B) EFFECT ON PERIOD OF AUTHORIZED

25 ADMISSION.—Time spent outside the United 


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1 States under subparagraph (A) shall not extend 

2 the period of authorized admission in the 

3 United States. 

4 ‘‘(6) BARS TO EXTENSION OR ADMISSION.—An 

5 alien may not be granted H–2C nonimmigrant sta6 tus, or an extension of such status, if— 

7 ‘‘(A) the alien has violated any material 

8 term or condition of such status granted pre9 viously, including failure to comply with the 

10 change of address reporting requirements under 

11 section 265; 

12 ‘‘(B) the alien is inadmissible as a non13 immigrant; or 

14 ‘‘(C) the granting of such status or exten15 sion of such status would allow the alien to ex16 ceed 6 years as an H–2C nonimmigrant, unless 

17 the alien has resided and been physically 

18 present outside the United States for at least 1 

19 year after the expiration of such H–2C non20 immigrant status. 

21 ‘‘(e) EVIDENCE OF NONIMMIGRANT STATUS.—Each 

22 H–2C nonimmigrant shall be issued documentary evidence 

23 of nonimmigrant status, which— 

24 ‘‘(1) shall be machine-readable, tamper-resist25 ant, and allow for biometric authentication; 


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1 ‘‘(2) shall, during the alien’s authorized period 

2 of admission under subsection (f), serve as a valid 

3 entry document for the purpose of applying for ad4 mission to the United States— 

5 ‘‘(A) instead of a passport and visa if the 

6 alien— 

7 ‘‘(i) is a national of a foreign territory 

8 contiguous to the United States; and 

9 ‘‘(ii) is applying for admission at a 

10 land border port of entry; and 

11 ‘‘(B) in conjunction with a valid passport, 

12 if the alien is applying for admission at an air 

13 or sea port of entry; 

14 ‘‘(3) may be accepted during the period of its 

15 validity by an employer as evidence of employment 

16 authorization and identity under section 

17 274A(b)(1)(B); and 

18 ‘‘(4) shall be issued to the H–2C nonimmigrant 

19 by the Secretary of Homeland Security promptly 

20 after final adjudication of such status or, at the dis21 cretion of the Secretary of Homeland Security, may 

22 be issued by the Secretary of State at a consulate 

23 instead of a visa. 

24 ‘‘(f) PENALTIES FOR FAILURE TO DEPART.—If an 

25 H–2C nonimmigrant fails to depart the United States by 


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1 the date that the alien’s authorized admission as an H– 

2 2C nonimmigrant concludes, the visa of the alien shall be 

3 void under section 222(g)(1) and the alien shall be ineli4 gible to be readmitted to the United States under section 

5 222(g)(2). The alien may be removed if found to be within 

6 1 or more of the classes of deportable aliens described in 

7 section 237. 

8 ‘‘(g) PENALTY FOR ILLEGAL ENTRY OR OVER9 STAY.—Any alien who unlawfully enters, attempts to 

10 enter, or crosses the border after the date of the enact11 ment of this section, and is physically present in the 

12 United States after such date in violation of the immigra13 tion laws of the United States, may not receive, for a pe14 riod of 10 years— 

15 ‘‘(1) any relief under section 240A(a), 

16 240A(b)(1), or 240B; or 

17 ‘‘(2) nonimmigrant status under section 

18 101(a)(15) (except subparagraphs (T) and (U)). 

19 ‘‘(h) PORTABILITY.—A nonimmigrant alien described 

20 in this section, who was previously issued a visa or other21 wise provided H–2C nonimmigrant status, may accept a 

22 new offer of employment with a subsequent employer, if— 

23 ‘‘(1) the employer complies with section 218B; 

24 and 


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1 ‘‘(2) the alien, after lawful admission to the 

2 United States, did not work without authorization. 

3 ‘‘(i) CHANGE OF ADDRESS.—An H–2C non4 immigrant shall comply with the change of address report5 ing requirements under section 265 through electronic or 

6 paper notification. 

7 ‘‘(j) COLLECTION OF FEES.—All fees other than the 

8 application filing fee collected under this section shall be 

9 deposited in the Treasury in accordance with section 

10 286(w).’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 

13 is amended by inserting after the item relating to section 

14 218 the following: 

‘‘Sec. 218A. Admission of H–2C nonimmigrants.’’. 

15 SEC. 403. EMPLOYER OBLIGATIONS. 

16 (a) IN GENERAL.—Title II (8 U.S.C. 1201 et seq.) 

17 is amended by inserting after section 218A, as added by 

18 section 402, the following: 

19 ‘‘SEC. 218B. EMPLOYER OBLIGATIONS. 

20 ‘‘(a) GENERAL REQUIREMENTS.—Each employer 

21 who employs an H–2C nonimmigrant shall— 

22 ‘‘(1) file a petition in accordance with sub23 section (b); and 

24 ‘‘(2) be required to pay— 


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1 ‘‘(A) an application filing fee for each 

2 alien, based on the cost of carrying out the 

3 processing duties under this subsection; and 

4 ‘‘(B) a secondary fee, to be deposited in 

5 the Treasury in accordance with section 

6 286(w), of— 

7 ‘‘(i) $250, in the case of an employer 

8 employing 25 employees or less; 

9 ‘‘(ii) $500, in the case of an employer 

10 employing between 26 and 150 employees; 

11 ‘‘(iii) $750, in the case of an employer 

12 employing between 151 and 500 employ13 ees; or 

14 ‘‘(iv) $1,000, in the case of an em15 ployer employing more than 500 employ16 ees. pay the appropriate fee. 

17 ‘‘(b) REQUIRED PROCEDURE.—Except where the 

18 Secretary of Labor has determined that there is a shortage 

19 of United States workers in the occupation and area of 

20 intended employment to which the H–2C nonimmigrant 

21 is sought, each employer of H–2C nonimmigrants shall 

22 comply with the following requirements: 

23 ‘‘(1) EFFORTS TO RECRUIT UNITED STATES

24 WORKERS.—During the period beginning not later 

25 than 90 days before the date on which a petition is 


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1 filed under subsection (a)(1), and ending on the date 

2 that is 14 days before to such filing date, the em3 ployer involved shall recruit United States workers 

4 for the position for which the H–2C nonimmigrant 

5 is sought under the petition, by— 

6 ‘‘(A) submitting a copy of the job oppor7 tunity, including a description of the wages and 

8 other terms and conditions of employment and 

9 the minimum education, training, experience 

10 and other requirements of the job, to the State 

11 Employment Service Agency that serves the 

12 area of employment in the State in which the 

13 employer is located; 

14 ‘‘(B) authorizing the employment service 

15 agency of the State to post the job opportunity 

16 on the Internet website established under sec17 tion 405 of the STRIVE Act, with local job 

18 banks, and with unemployment agencies and 

19 other labor referral and recruitment sources 

20 pertinent to the job involved; 

21 ‘‘(C) authorizing the employment service 

22 agency of the State to notify— 

23 ‘‘(i) labor organizations in the State 

24 in which the job is located; and 


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1 ‘‘(ii) if applicable, the office of the 

2 local union which represents the employees 

3 in the same or substantially equivalent job 

4 classification of the job opportunity; 

5 ‘‘(D) posting the availability of the job op6 portunity for which the employer is seeking a 

7 worker in conspicuous locations at the place of 

8 employment for all employees to see; 

9 ‘‘(E) advertising the availability of the job 

10 opportunity for which the employer is seeking a 

11 worker in a publication with the highest circula12 tion in the labor market that is likely to be pa13 tronized by a potential worker for not fewer 

14 than 10 consecutive days; and 

15 ‘‘(F) based on recommendations by the 

16 local job service, advertising the availability of 

17 the job opportunity in professional, trade, or 

18 ethnic publications that are likely to be patron19 ized by a potential worker. 

20 ‘‘(2) EFFORTS TO EMPLOY UNITED STATES

21 WORKERS.—An employer that seeks to employ an 

22 H–2C nonimmigrant shall first offer the job to any 

23 eligible United States worker who applies, is quali24 fied for the job and is available at the time of need, 

25 notwithstanding any other valid employment criteria. 


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1 ‘‘(c) PETITION.—A petition to hire an H–2C non2 immigrant under this section shall be filed with the Sec3 retary of Labor and shall include an attestation by the 

4 employer of the following: 

5 ‘‘(1) PROTECTION OF UNITED STATES WORK6 ERS.—The employment of an H–2C non7 immigrant— 

8 ‘‘(A) will not adversely affect the wages 

9 and working conditions of workers in the 

10 United States similarly employed; and 

11 ‘‘(B) did not and will not cause the separa12 tion from employment of a United States work13 er employed by the employer within the 180-day 

14 period beginning 90 days before the date on 

15 which the petition is filed. 

16 ‘‘(2) WAGES.— 

17 ‘‘(A) IN GENERAL.—The H–2C non18 immigrant will be paid not less than the greater 

19 of— 

20 ‘‘(i) the actual wage level paid by the 

21 employer to all other individuals with simi22 lar experience and qualifications for the 

23 specific employment in question; or 

24 ‘‘(ii) the prevailing wage level for the 

25 occupational classification in the area of 


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1 employment, taking into account experi2 ence and skill levels of employees. 

3 ‘‘(B) CALCULATION.—The wage levels 

4 under subparagraph (A) shall be calculated 

5 based on the best information available at the 

6 time of the filing of the application. 

7 ‘‘(C) PREVAILING WAGE LEVEL.—For pur8 poses of subparagraph (A)(ii), the prevailing 

9 wage level shall be determined in accordance as 

10 follows: 

11 ‘‘(i) If the job opportunity is covered 

12 by a collective bargaining agreement be13 tween a union and the employer, the pre14 vailing wage shall be the wage rate set 

15 forth in the collective bargaining agree16 ment. 

17 ‘‘(ii) If the job opportunity is not cov18 ered by such an agreement and it is on a 

19 project that is covered by a wage deter20 mination under a provision of subchapter 

21 IV of chapter 31 of title 40, United States 

22 Code, or the Service Contract Act of 1965 

23 (41 U.S.C. 351 et seq.), the prevailing 

24 wage level shall be the appropriate statu25 tory wage. 


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1 ‘‘(iii)(I) If the job opportunity is not 

2 covered by such an agreement and it is not 

3 on a project that is covered by a wage de4 termination under a provision of sub5 chapter IV of chapter 31 of title 40, 

6 United States Code, or the Service Con7 tract Act of 1965 (41 U.S.C. 351 et seq.), 

8 the prevailing wage level shall be based on 

9 published wage data for the occupation 

10 from the Bureau of Labor Statistics, in11 cluding the Occupational Employment Sta12 tistics survey, Current Employment Statis13 tics data, National Compensation Survey, 

14 and Occupational Employment Projections 

15 program. If the Bureau of Labor Statistics 

16 does not have wage data applicable to such 

17 occupation, the employer may base the pre18 vailing wage level on another wage survey 

19 approved by the Secretary of Labor. 

20 ‘‘(II) The Secretary shall promulgate 

21 regulations applicable to approval of such 

22 other wage surveys that require, among 

23 other things, that the Bureau of Labor 

24 Statistics determine such surveys are sta25 tistically viable. 


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1 ‘‘(3) WORKING CONDITIONS.—All workers in 

2 the occupation at the place of employment at which 

3 the H–2C nonimmigrant will be employed will be 

4 provided the working conditions and benefits that 

5 are normal to workers similarly employed in the area 

6 of intended employment. 

7 ‘‘(4) LABOR DISPUTE.—There is not a strike, 

8 lockout, or work stoppage in the course of a labor 

9 dispute in the occupation at the place of employment 

10 at which the H–2C nonimmigrant will be employed. 

11 If such strike, lockout, or work stoppage occurs fol12 lowing submission of the petition, the employer will 

13 provide notification in accordance with regulations 

14 promulgated by the Secretary of Labor. 

15 ‘‘(5) PROVISION OF INSURANCE.—If the posi16 tion for which the H–2C nonimmigrant is sought is 

17 not covered by the State workers’ compensation law, 

18 the employer will provide, at no cost to the H–2C 

19 nonimmigrant, insurance covering injury and disease 

20 arising out of, and in the course of, the worker’s em21 ployment, which will provide benefits at least equal 

22 to those provided under the State workers’ com23 pensation law for comparable employment. 

24 ‘‘(6) NOTICE TO EMPLOYEES.— 


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1 ‘‘(A) IN GENERAL.—The employer has pro2 vided notice of the filing of the petition to the 

3 bargaining representative of the employer’s em4 ployees in the occupational classification and 

5 area of employment for which the H–2C non6 immigrant is sought. 

7 ‘‘(B) NO BARGAINING REPRESENTATIVE.— 

8 If there is no such bargaining representative, 

9 the employer has— 

10 ‘‘(i) posted a notice of the filing of the 

11 petition in a conspicuous location at the 

12 place or places of employment for which 

13 the H–2C nonimmigrant is sought; or 

14 ‘‘(ii) electronically disseminated such 

15 a notice to the employer’s employees in the 

16 occupational classification for which the 

17 H–2C nonimmigrant is sought. 

18 ‘‘(7) RECRUITMENT.—Except where the Sec19 retary of Labor has determined that there is a 

20 shortage of United States workers in the occupation 

21 and area of intended employment for which the H– 

22 2C nonimmigrant is sought— 

23 ‘‘(A) there are not sufficient workers who 

24 are able, willing, and qualified, and who will be 

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1 form the labor or services involved in the peti2 tion; and 

3 ‘‘(B) good faith efforts have been taken to 

4 recruit United States workers, in accordance 

5 with regulations promulgated by the Secretary 

6 of Labor, which efforts included— 

7 ‘‘(i) the completion of recruitment 

8 during the period beginning on the date 

9 that is 90 days before the date on which 

10 the petition was filed with the Department 

11 of Homeland Security and ending on the 

12 date that is 14 days before such filing 

13 date; and 

14 ‘‘(ii) the actual wage paid by the em15 ployer for the occupation in the areas of 

16 intended employment was used in con17 ducting recruitment. 

18 ‘‘(8) INELIGIBILITY.—The employer is not cur19 rently ineligible from using the H–2C nonimmigrant 

20 program described in this section. 

21 ‘‘(9) BONAFIDE OFFER OF EMPLOYMENT.—The 

22 job for which the H–2C nonimmigrant is sought is 

23 a bona fide job— 

24 ‘‘(A) for which the employer needs labor or 

25 services; 


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1 ‘‘(B) which has been and is clearly open to 

2 any United States worker; and 

3 ‘‘(C) for which the employer will be able to 

4 place the H–2C nonimmigrant on the payroll. 

5 ‘‘(10) PUBLIC AVAILABILITY AND RECORDS RE6 TENTION.—A copy of each petition filed under this 

7 section and documentation supporting each attesta8 tion, in accordance with regulations promulgated by 

9 the Secretary of Labor, will— 

10 ‘‘(A) be provided to every H–2C non11 immigrant employed under the petition; 

12 ‘‘(B) be made available for public examina13 tion at the employer’s place of business or work 

14 site; 

15 ‘‘(C) be made available to the Secretary of 

16 Labor during any audit; and 

17 ‘‘(D) remain available for examination for 

18 5 years after the date on which the petition is 

19 filed. 

20 ‘‘(11) NOTIFICATION UPON SEPARATION FROM

21 OR TRANSFER OF EMPLOYMENT.—The employer will 

22 notify the Secretary of Labor and the Secretary of 

23 Homeland Security of an H–2C nonimmigrant’s sep24 aration from employment or transfer to another em25 ployer not more than 3 business days after the date 


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1 of such separation or transfer, in accordance with 

2 regulations promulgated by the Secretary of Home3 land Security. 

4 ‘‘(12) ACTUAL NEED FOR LABOR OR SERV5 ICES.—The petition was filed not more than 60 days 

6 before the date on which the employer needed labor 

7 or services for which the H–2C nonimmigrant is 

8 sought. 

9 ‘‘(d) AUDIT OF ATTESTATIONS.— 

10 ‘‘(1) REFERRALS BY SECRETARY OF HOMELAND

11 SECURITY.—The Secretary of Homeland Security 

12 shall refer all approved petitions for H–2C non13 immigrants to the Secretary of Labor for potential 

14 audit. 

15 ‘‘(2) AUDITS AUTHORIZED.—The Secretary of 

16 Labor may audit any approved petition referred pur17 suant to paragraph (1), in accordance with regula18 tions promulgated by the Secretary of Labor. 

19 ‘‘(e) INELIGIBLE EMPLOYERS.— 

20 ‘‘(1) IN GENERAL.—The Secretary of Labor 

21 shall not approve an employer’s petitions, applica22 tions, certifications, or attestations under any immi23 grant or nonimmigrant program if the Secretary of 

24 Labor determines, after notice and an opportunity 


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1 for a hearing, that the employer submitting such 

2 documents— 

3 ‘‘(A) has, with respect to the attestations 

4 required under subsection (b)— 

5 ‘‘(i) misrepresented a material fact; 

6 ‘‘(ii) made a fraudulent statement; or 

7 ‘‘(iii) failed to comply with the terms 

8 of such attestations; or 

9 ‘‘(B) failed to cooperate in the audit proc10 ess in accordance with regulations promulgated 

11 by the Secretary of Labor. 

12 ‘‘(2) LENGTH OF INELIGIBILITY.—An employer 

13 described in paragraph (1) shall be ineligible to par14 ticipate in the labor certification programs of the 

15 Secretary of Labor for not less than the time period 

16 determined by the Secretary, not to exceed 3 years. 

17 ‘‘(3) EMPLOYERS IN HIGH UNEMPLOYMENT

18 AREAS.—The Secretary of Labor may not approve 

19 any employer’s petition under subsection (b) if the 

20 work to be performed by the H–2C nonimmigrant is 

21 not agriculture based and is located in a metropoli22 tan or micropolitan statistical area (as defined by 

23 the Office of Management and Budget) in which the 

24 unemployment rate for workers who have not com25 pleted any education beyond a high school diploma 


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1 during the most recently completed 6-month period 

2 averaged more than 9.0 percent. 

3 ‘‘(f) REGULATION OF FOREIGN LABOR CONTRAC4 TORS.— 

5 ‘‘(1) COVERAGE.—Notwithstanding any other 

6 provision of law— 

7 ‘‘(A) an H–2C nonimmigrant is prohibited 

8 from being treated as an independent con9 tractor; and 

10 ‘‘(B) no person may treat an H–2C non11 immigrant as an independent contractor. 

12 ‘‘(2) APPLICABILITY OF LAWS.—An H–2C non13 immigrant shall not be denied any right or any rem14 edy under Federal, State, or local labor or employ15 ment law that would be applicable to a United 

16 States worker employed in a similar position with 

17 the employer because of the alien’s status as a non18 immigrant worker. 

19 ‘‘(3) TAX RESPONSIBILITIES.—With respect to 

20 each employed H–2C nonimmigrant, an employer 

21 shall comply with all applicable Federal, State, and 

22 local tax and revenue laws. 

23 ‘‘(g) WHISTLEBLOWER PROTECTION.— 

24 ‘‘(1) PROHIBITED ACTIVITIES.—It shall be un25 lawful for an employer or a labor contractor of an 


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1 H–2C nonimmigrant to intimidate, threaten, re2 strain, coerce, retaliate, discharge, or in any other 

3 manner, discriminate against an employee or former 

4 employee because the employee or former em5 ployee— 

6 ‘‘(A) discloses information to the employer 

7 or any other person that the employee or 

8 former employee reasonably believes dem9 onstrates a violation of this Act, the STRIVE 

10 Act, or any other Federal labor or employment 

11 law; or 

12 ‘‘(B) cooperates or seeks to cooperate in an 

13 investigation or other proceeding concerning 

14 compliance with the requirements of this Act, 

15 the STRIVE Act, or any other Federal labor or 

16 employment law. 

17 ‘‘(2) RULEMAKING.—The Secretary of Labor 

18 and the Secretary of Homeland Security shall jointly 

19 promulgate regulations that establish a process by 

20 which a nonimmigrant alien described in section 

21 101(a)(15)(H) who files a nonfrivolous complaint (as 

22 defined by the Federal Rules of Civil Rules) regard23 ing a violation of this Act, the STRIVE Act, or any 

24 other Federal labor or employment law, or any other 

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1 erwise eligible to remain and work in the United 

2 States may be allowed to seek other appropriate em3 ployment in the United States— 

4 ‘‘(A) for a period not to exceed the max5 imum period of stay authorized for that non6 immigrant classification; or 

7 ‘‘(B) until the conclusion of the pro8 ceedings governing the complaint. 

9 ‘‘(h) LABOR RECRUITERS.— 

10 ‘‘(1) IN GENERAL.—Each employer that en11 gages in foreign labor contracting activity and each 

12 foreign labor contractor shall ascertain and disclose, 

13 to each such worker who is recruited for employment 

14 at the time of the worker’s recruitment— 

15 ‘‘(A) the place of employment; 

16 ‘‘(B) the compensation for the employ17 ment; 

18 ‘‘(C) a description of employment activi19 ties; 

20 ‘‘(D) the period of employment; 

21 ‘‘(E) any other employee benefit to be pro22 vided and any costs to be charged for each ben23 efit; 

24 ‘‘(F) any travel or transportation expenses 

25 to be assessed; 


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1 ‘‘(G) the existence of any labor organizing 

2 effort, strike, lockout, or other labor dispute at 

3 the place of employment; 

4 ‘‘(H) the existence of any arrangement 

5 with any owner, employer, foreign contractor, 

6 or its agent where such person receives a com7 mission from the provision of items or services 

8 to workers; 

9 ‘‘(I) the extent to which workers will be 

10 compensated through workers’ compensation, 

11 private insurance, or otherwise for injuries or 

12 death, including— 

13 ‘‘(i) work related injuries and death 

14 during the period of employment; 

15 ‘‘(ii) the name of the State workers’ 

16 compensation insurance carrier or the 

17 name of the policyholder of the private in18 surance; 

19 ‘‘(iii) the name and the telephone 

20 number of each person who must be noti21 fied of an injury or death; and 

22 ‘‘(iv) the time period within which 

23 such notice must be given; 

24 ‘‘(J) any education or training to be pro25 vided or required, including— 


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1 ‘‘(i) the nature and cost of such train2 ing; 

3 ‘‘(ii) the entity that will pay such 

4 costs; and 

5 ‘‘(iii) whether the training is a condi6 tion of employment, continued employ7 ment, or future employment; and 

8 ‘‘(K) a statement, in a form specified by 

9 the Secretary of Labor, describing the protec10 tions of this Act for workers recruited abroad. 

11 ‘‘(2) FALSE OR MISLEADING INFORMATION.— 

12 No foreign labor contractor or employer who en13 gages in foreign labor contracting activity shall 

14 knowingly provide materially false or misleading in15 formation to any worker concerning any matter re16 quired to be disclosed in paragraph (1). 

17 ‘‘(3) LANGUAGES.—The information required to 

18 be disclosed under paragraph (1) shall be provided 

19 in writing in English or, as necessary and reason20 able, in the language of the worker being recruited. 

21 The Secretary of Labor shall make forms available 

22 in English, Spanish, and other languages, as nec23 essary, which may be used in providing workers with 

24 information required under this section. 


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1 ‘‘(4) FEES.—A person conducting a foreign 

2 labor contracting activity shall not assess any fee to 

3 a worker for such foreign labor contracting activity. 

4 ‘‘(5) TERMS.—No employer or foreign labor 

5 contractor shall, without justification, violate the 

6 terms of any agreement made by that contractor or 

7 employer regarding employment under this program. 

8 ‘‘(6) TRAVEL COSTS.—If the foreign labor con9 tractor or employer charges the employee for trans10 portation such transportation costs shall be reason11 able. 

12 ‘‘(7) OTHER WORKER PROTECTIONS.— 

13 ‘‘(A) NOTIFICATION.—Not less frequently 

14 than once every 2 years, each employer shall 

15 notify the Secretary of Labor of the identity of 

16 any foreign labor contractor engaged by the em17 ployer in any foreign labor contractor activity 

18 for, or on behalf of, the employer. 

19 ‘‘(B) REGISTRATION OF FOREIGN LABOR

20 CONTRACTORS.— 

21 ‘‘(i) IN GENERAL.—No person shall 

22 engage in foreign labor recruiting activity 

23 unless such person has a certificate of reg24 istration from the Secretary of Labor 

25 specifying the activities that such person is 


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1 authorized to perform. An employer who 

2 retains the services of a foreign labor con3 tractor shall only use those foreign labor 

4 contractors who are registered under this 

5 subparagraph. 

6 ‘‘(ii) ISSUANCE.—The Secretary shall 

7 promulgate regulations to establish an effi8 cient electronic process for the investiga9 tion and approval of an application for a 

10 certificate of registration of foreign labor 

11 contractors not later than 14 days after 

12 such application is filed, including— 

13 ‘‘(I) requirements under para14 graphs (1), (4), and (5) of section 102 

15 of the Migrant and Seasonal Agricul16 tural Worker Protection Act (29 

17 U.S.C. 1812); 

18 ‘‘(II) an expeditious means to up19 date registrations and renew certifi20 cates; and 

21 ‘‘(III) any other requirements 

22 that the Secretary may prescribe. 

23 ‘‘(iii) TERM.—Unless suspended or re24 voked, a certificate under this subpara25 graph shall be valid for 2 years. 


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1 ‘‘(iv) REFUSAL TO ISSUE; REVOCA2 TION; SUSPENSION.—In accordance with 

3 regulations promulgated by the Secretary 

4 of Labor, the Secretary may refuse to issue 

5 or renew, or may suspend or revoke, a cer6 tificate of registration under this subpara7 graph if— 

8 ‘‘(I) the application or holder of 

9 the certification has knowingly made a 

10 material misrepresentation in the ap11 plication for such certificate; 

12 ‘‘(II) the applicant for, or holder 

13 of, the certification is not the real 

14 party in interest in the application or 

15 certificate of registration and the real 

16 party in interest— 

17 ‘‘(aa) is a person who has 

18 been refused issuance or renewal 

19 of a certificate; 

20 ‘‘(bb) has had a certificate 

21 suspended or revoked; or 

22 ‘‘(cc) does not qualify for a 

23 certificate under this paragraph; 

24 or 


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1 ‘‘(III) the applicant for or holder 

2 of the certification has failed to com3 ply with this Act. 

4 ‘‘(C) REMEDY FOR VIOLATIONS.—An em5 ployer engaging in foreign labor contracting ac6 tivity and a foreign labor contractor that vio7 lates the provisions of this subsection shall be 

8 subject to remedies for foreign labor contractor 

9 violations under subsections (k) and (l). If a 

10 foreign labor contractor acting as an agent of 

11 an employer violates any provision of this sub12 section, the employer shall be subject to rem13 edies under subsections (k) and (l). An em14 ployer that violates a provision of this sub15 section relating to employer obligations shall be 

16 subject to remedies under subsections (k) and 

17 (l). 

18 ‘‘(D) EMPLOYER NOTIFICATION.—An em19 ployer shall notify the Secretary of Labor if the 

20 employer becomes aware of a violation of this 

21 subsection by a foreign labor recruiter. 

22 ‘‘(E) WRITTEN AGREEMENTS.—A foreign 

23 labor contractor may not violate the terms of 

24 any written agreements made with an employer 


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1 relating to any contracting activity or worker 

2 protection under this subsection. 

3 ‘‘(F) BONDING REQUIREMENT.—The Sec4 retary of Labor may require a foreign labor 

5 contractor to post a bond in an amount suffi6 cient to ensure the protection of individuals re7 cruited by the foreign labor contractor. The 

8 Secretary may consider the extent to which the 

9 foreign labor contractor has sufficient ties to 

10 the United States to adequately enforce this 

11 subsection. 

12 ‘‘(i) WAIVER OF RIGHTS PROHIBITED.—An H–2C 

13 nonimmigrant may not be required to waive any rights or 

14 protections under this Act. Nothing under this subsection 

15 shall be construed to affect the interpretation of other 

16 laws. 

17 ‘‘(j) NO THREATENING OF EMPLOYEES.—It shall be 

18 a violation of this section for an employer who has filed 

19 an attestation with the Department of Labor as part of 

20 the petition process under this section to threaten the 

21 alien beneficiary of such a petition with the withdrawal 

22 of such a petition in retaliation for the beneficiary’s exer23 cise of a right protected by this Act. 

24 ‘‘(k) ENFORCEMENT.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Labor 

2 shall promulgate regulations for the receipt, inves3 tigation, and disposition of complaints by an ag4 grieved person respecting a violation of this section. 

5 ‘‘(2) FILING DEADLINE.—No investigation or 

6 hearing shall be conducted on a complaint con7 cerning a violation under this section unless the 

8 complaint was filed not later than 12 months after 

9 the date of such violation. 

10 ‘‘(3) REASONABLE BASIS.—The Secretary of 

11 Labor shall conduct an investigation under this sub12 section if there is reasonable basis to believe that a 

13 violation of this section has occurred. The process 

14 established under this subsection shall provide that, 

15 not later than 30 days after a complaint is filed, the 

16 Secretary shall determine if there is reasonable 

17 cause to find such a violation. 

18 ‘‘(4) NOTICE AND HEARING.— 

19 ‘‘(A) IN GENERAL.—Not later than 60 

20 days after the Secretary of Labor makes a de21 termination of reasonable basis under para22 graph (3), the Secretary shall issue a notice to 

23 the interested parties and offer an opportunity 

24 for a hearing on the complaint, in accordance 

25 with section 556 of title 5, United States Code. 


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1 ‘‘(B) COMPLAINT.—If the Secretary of 

2 Labor, after receiving a complaint under this 

3 subsection, does not offer the aggrieved person 

4 or organization an opportunity for a hearing 

5 under subparagraph (A), the Secretary shall no6 tify the aggrieved person or organization of 

7 such determination and the aggrieved person or 

8 organization may seek a hearing on the com9 plaint under procedures established by the Sec10 retary which comply with the requirements of 

11 section 556. 

12 ‘‘(C) HEARING DEADLINE.—Not later than 

13 60 days after the date of a hearing under this 

14 paragraph, the Secretary of Labor shall make a 

15 finding on the matter in accordance with para16 graph (5). 

17 ‘‘(5) ATTORNEYS’ FEES.—A complainant who 

18 prevails with respect to a claim under this sub19 section shall be entitled to an award of reasonable 

20 attorneys’ fees and costs. 

21 ‘‘(6) POWER OF THE SECRETARY.—The Sec22 retary may bring an action in any court of com23 petent jurisdiction— 

24 ‘‘(A) to seek remedial action, including in25 junctive relief; 


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1 ‘‘(B) to recover the damages described in 

2 subsection (i); or 

3 ‘‘(C) to ensure compliance with terms and 

4 conditions described in subsection (g). 

5 ‘‘(7) SOLICITOR OF LABOR.—Except as pro6 vided in section 518(a) of title 28, United States 

7 Code, the Solicitor of Labor may appear for and rep8 resent the Secretary of Labor in any civil litigation 

9 brought under this subsection. All such litigation 

10 shall be subject to the direction and control of the 

11 Attorney General. 

12 ‘‘(8) PROCEDURES IN ADDITION TO OTHER

13 RIGHTS OF EMPLOYEES.—The rights and remedies 

14 provided to workers under this section are in addi15 tion to any other contractual or statutory rights and 

16 remedies of the workers, and are not intended to 

17 alter or affect such rights and remedies. 

18 ‘‘(l) PENALTIES.— 

19 ‘‘(1) IN GENERAL.—If, after notice and an op20 portunity for a hearing, the Secretary of Labor finds 

21 a violation of subsection (b), (e), (f), or (g), the Sec22 retary may impose administrative remedies and pen23 alties, including— 

24 ‘‘(A) back wages; 

25 ‘‘(B) benefits; and 


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1 ‘‘(C) civil monetary penalties. 

2 ‘‘(2) CIVIL PENALTIES.—The Secretary of 

3 Labor may impose, as a civil penalty— 

4 ‘‘(A) for a violation of any of subsections 

5 (b) through (g)— 

6 ‘‘(i) a fine in an amount not to exceed 

7 $2,000 per violation per affected worker; 

8 ‘‘(ii) if the violation was willful, a fine 

9 in an amount not to exceed $5,000 per vio10 lation per affected worker; 

11 ‘‘(iii) if the violation was willful and if 

12 in the course of such violation a United 

13 States worker was harmed, a fine in an 

14 amount not to exceed $25,000 per viola15 tion per affected worker; and 

16 ‘‘(B) for a violation of subsection (h)— 

17 ‘‘(i) a fine in an amount not less than 

18 $500 and not more than $4,000 per viola19 tion per affected worker; 

20 ‘‘(ii) if the violation was willful, a fine 

21 in an amount not less than $2,000 and not 

22 more than $5,000 per violation per af23 fected worker; and 

24 ‘‘(iii) if the violation was willful and if 

25 in the course of such violation a United 


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1 States worker was harmed, a fine in an 

2 amount not less than $6,000 and not more 

3 than $35,000 per violation per affected 

4 worker. 

5 ‘‘(3) USE OF CIVIL PENALTIES.—All penalties 

6 collected under this subsection shall be deposited in 

7 the Treasury in accordance with section 286(w). 

8 ‘‘(4) CRIMINAL PENALTIES.—If a willful and 

9 knowing violation of subsection (g) causes extreme 

10 physical or financial harm to an individual, the per11 son in violation of such subsection may be impris12 oned for not more than 6 months, fined in an 

13 amount not more than $35,000, or both. 

14 ‘‘(m) INCREASED PENALTIES.—Any employer of an 

15 H–2C nonimmigrant that is subject to a fine under section 

16 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

17 216) or the Occupational Safety and Health Act of 1970 

18 (29 U.S.C. 666) for a violation affecting such alien, shall 

19 be required to pay a fine equal to twice the fine that would 

20 otherwise be assessed under such sections. 

21 ‘‘(n) DEFINITIONS.—In this section and in sections 

22 218A, 218C, and 218D: 

23 ‘‘(1) AGGRIEVED PERSON.—term ‘aggrieved 

24 person’ means a person adversely affected by an al25 leged violation of this section, including— 


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1 ‘‘(A) a worker whose job, wages, or work2 ing conditions are adversely affected by the vio3 lation; and 

4 ‘‘(B) a representative for workers whose 

5 jobs, wages, or working conditions are adversely 

6 affected by the violation who brings a complaint 

7 on behalf of such worker. 

8 ‘‘(2) AREA OF EMPLOYMENT.—The terms ‘area 

9 of employment’ and ‘area of intended employment’ 

10 mean the area within normal commuting distance of 

11 the worksite or physical location at which the work 

12 of the H–2C worker is or will be performed. If such 

13 worksite or location is within a Metropolitan Statis14 tical Area, any place within such area is deemed to 

15 be within the area of employment. 

16 ‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

17 individual’ means, with respect to employment, an 

18 individual who is not an unauthorized alien (as de19 fined in section 274A) with respect to that employ20 ment. 

21 ‘‘(4) EMPLOY; EMPLOYEE; EMPLOYER.—The 

22 terms ‘employ’, ‘employee’, and ‘employer’ have the 

23 meanings given such terms in section 3 of the Fair 

24 Labor Standards Act of 1938 (29 U.S.C. 203). 


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1 ‘‘(5) FOREIGN LABOR CONTRACTOR.—The term 

2 ‘foreign labor contractor’ means any person who for 

3 any compensation or other valuable consideration 

4 paid or promised to be paid, performs any foreign 

5 labor contracting activity. 

6 ‘‘(6) FOREIGN LABOR CONTRACTING ACTIV7 ITY.—The term ‘foreign labor contracting activity’ 

8 means recruiting, soliciting, hiring, employing, or 

9 furnishing, an individual who resides outside of the 

10 United States for employment in the United States 

11 as a nonimmigrant alien described in section 

12 101(a)(15)(H)(ii)(c). 

13 ‘‘(7) H–2C NONIMMIGRANT.—The term ‘H–2C 

14 nonimmigrant’ means a nonimmigrant described in 

15 section 101(a)(15)(H)(ii)(c). 

16 ‘‘(8) SEPARATION FROM EMPLOYMENT.—The 

17 term ‘separation from employment’ means the work18 er’s loss of employment, other than through a dis19 charge for inadequate performance, violation of 

20 workplace rules, cause, voluntary departure, vol21 untary retirement, or the expiration of a grant or 

22 contract. The term does not include any situation in 

23 which the worker is offered, as an alternative to 

24 such loss of employment, a similar employment op25 portunity with the same employer at equivalent or 


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1 higher compensation and benefits than the position 

2 from which the employee was discharged, regardless 

3 of whether the employee accepts the offer. Nothing 

4 in this paragraph shall limit an employee’s rights 

5 under a collective bargaining agreement or other em6 ployment contract. 

7 ‘‘(9) UNITED STATES WORKER.—The term 

8 ‘United States worker’ means an employee who is— 

9 ‘‘(A) a citizen or national of the United 

10 States; or 

11 ‘‘(B) an alien who is— 

12 ‘‘(i) lawfully admitted for permanent 

13 residence; 

14 ‘‘(ii) admitted as a refugee under sec15 tion 207; 

16 ‘‘(iii) granted asylum under section 

17 208; or 

18 ‘‘(iv) otherwise authorized, under this 

19 Act or by the Secretary of Homeland Secu20 rity, to be employed in the United States.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 is amended by inserting after the item relating to section 

23 218A, as added by section 402, the following: 

‘‘Sec. 218B. Employer obligations.’’. 


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1 SEC. 404. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. 

2 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

3 is amended by inserting after section 218B, as added by 

4 section 403, the following: 

5 ‘‘SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. 

6 ‘‘(a) ESTABLISHMENT.—The Secretary of Homeland 

7 Security, in consultation with the Secretary of Labor, the 

8 Secretary of State, and the Commissioner of Social Secu9 rity, shall develop and implement a program (referred to 

10 in this section as the ‘alien employment management sys11 tem’) to manage and track the employment of aliens de12 scribed in sections 218A and 218D. 

13 ‘‘(b) REQUIREMENTS.—The alien employment man14 agement system shall— 

15 ‘‘(1) collect sufficient information from employ16 ers to enable the Secretary of Homeland Security to 

17 determine— 

18 ‘‘(A) if the nonimmigrant is employed; 

19 ‘‘(B) which employers have hired an H–2C 

20 nonimmigrant; 

21 ‘‘(C) the number of H–2C nonimmigrants 

22 that an employer is authorized to hire and is 

23 currently employing; 

24 ‘‘(D) the occupation, industry, and length 

25 of time that an H–2C nonimmigrant has been 

26 employed in the United States; 


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1 ‘‘(2) allow employers to request approval of 

2 multiple H–2C nonimmigrant workers; and 

3 ‘‘(3) permit employers to submit applications 

4 under this section in an electronic form.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 for the Immigration and Nationality Act (8 U.S.C. 1101 

7 et seq.) is amended by inserting after the item relating 

8 to section 218B, as added by section 403, the following: 

‘‘Sec. 218C. Alien employment management system.’’. 

9 SEC. 405. RECRUITMENT OF UNITED STATES WORKERS. 

10 (a) ELECTRONIC JOB REGISTRY.—The Secretary of 

11 Labor shall establish a publicly accessible Web page on 

12 the Internet website of the Department of Labor that pro13 vides a single Internet link to each State workforce agen14 cy’s statewide electronic registry of jobs available through15 out the United States to United States workers. 

16 (b) RECRUITMENT OF UNITED STATES WORKERS.— 

17 (1) POSTING.—An employer shall attest that 

18 the employer has posted an employment opportunity 

19 at a prevailing wage level (as described in section 

20 218B(b)(2)(C) of the Immigration and Nationality 

21 Act). 

22 (2) RECORDS.—An employer shall maintain 

23 records for not less than 1 year after the date on 

24 which an H–2C nonimmigrant is hired that describe 


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1 the reasons for not hiring any of the United States 

2 workers who may have applied for such position. 

3 (c) OVERSIGHT AND MAINTENANCE OF RECORDS.— 

4 The Secretary of Labor shall promulgate regulations re5 garding the maintenance of electronic job registry records 

6 for the purpose of audit or investigation. 

7 (d) ACCESS TO ELECTRONIC JOB REGISTRY.—The 

8 Secretary of Labor shall ensure that job opportunities ad9 vertised on an electronic job registry established under 

10 this section are accessible— 

11 (1) by the State workforce agencies, which may 

12 further disseminate job opportunity information to 

13 other interested parties; and 

14 (2) through the Internet, for access by workers, 

15 employers, labor organizations, and other interested 

16 parties. 

17 SEC. 406. NUMERICAL LIMITATIONS. 

18 Section 214(g)(1) (8 U.S.C. 1184(g)) is amended— 

19 (1) by striking ‘‘(beginning with fiscal year 

20 1992)’’; 

21 (2) in subparagraph (B), by striking the period 

22 at the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(C) under section 101(a)(15)(H)(ii)(c), 

25 may not exceed— 


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1 ‘‘(i) 400,000 for the first fiscal year 

2 in which the program is implemented; 

3 ‘‘(ii) in any subsequent fiscal year, 

4 subject to clause (iii)— 

5 ‘‘(I) if the total number of visas 

6 allocated for that fiscal year are allot7 ted within the first quarter of that fis8 cal year, then an additional 20 per9 cent of the allocated number shall be 

10 made available immediately and the 

11 allocated amount for the following fis12 cal year shall increase by 20 percent 

13 of the original allocated amount in the 

14 prior fiscal year; 

15 ‘‘(II) if the total number of visas 

16 allocated for that fiscal year are allot17 ted within the second quarter of that 

18 fiscal year, then an additional 15 per19 cent of the allocated number shall be 

20 made available immediately and the 

21 allocated amount for the following fis22 cal year shall increase by 15 percent 

23 of the original allocated amount in the 

24 prior fiscal year; 


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1 ‘‘(III) if the total number of visas 

2 allocated for that fiscal year are allot3 ted within the third quarter of that 

4 fiscal year, then an additional 10 per5 cent of the allocated number shall be 

6 made available immediately and the 

7 allocated amount for the following fis8 cal year shall increase by 10 percent 

9 of the original allocated amount in the 

10 prior fiscal year; 

11 ‘‘(IV) if the total number of visas 

12 allocated for that fiscal year are allot13 ted within the last quarter of that fis14 cal year, the allocated amount for the 

15 following fiscal year shall increase by 

16 10 percent of the original allocated 

17 amount in the prior fiscal year; and 

18 ‘‘(V) with the exception of the 

19 first subsequent fiscal year to the fis20 cal year in which the program is im21 plemented, if fewer visas were allotted 

22 the previous fiscal year than the num23 ber of visas allocated for that year 

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1 gating regulations, then the allocated 

2 amount for the following fiscal year 

3 shall decrease by 10 percent of the al4 located amount in the prior fiscal 

5 year; and 

6 ‘‘(iii) 600,000 for any fiscal year.’’. 

7 SEC. 407. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT 

8 STATUS. 

9 Section 245 of the Immigration and Nationality Act 

10 (8 U.S.C. 1255) is amended by adding at the end the fol11 lowing: 

12 ‘‘(n)(1) For purposes of adjustment of status under 

13 subsection (a), employment-based immigrant visas shall be 

14 made available to an alien having nonimmigrant status de15 scribed in section 101(a)(15)(H)(ii)(c) upon the filing of 

16 a petition for such a visa— 

17 ‘‘(A) by the alien’s employer; or 

18 ‘‘(B) by the alien, if the alien has been em19 ployed as an H–2C nonimmigrant in the United 

20 States for a cumulative total of 5 years. 

21 ‘‘(2) An alien applying for adjustment of status under 

22 paragraph (1)(B) shall— 

23 ‘‘(A) pay an application fee of $500 which shall 

24 be credited to the State Impact Assistance Account 

25 established under section 286(x), in addition to the 


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1 fee established by the Secretary of Homeland Secu2 rity to process an application for adjustment of sta3 tus; 

4 ‘‘(B) be physically present in the United States; 

5 ‘‘(C) establish evidence of employment; and 

6 ‘‘(D)(i) meet the requirements under section 

7 312; or 

8 ‘‘(ii) be satisfactorily pursuing a course of study 

9 to achieve such an understanding of English and 

10 knowledge and understanding of the history and 

11 government of the United States. 

12 ‘‘(3)(A) Notwithstanding any other provision of this 

13 section, an alien described in paragraph (1)(B) shall be 

14 considered, at the time of obtaining the status of an alien 

15 lawfully admitted for permanent residence, to have ob16 tained such status on a conditional basis for a period not 

17 to exceed two years subject to the provisions of this sub18 section. 

19 ‘‘(B) In order for the conditional basis established 

20 under this subsection for an alien to be removed, the alien 

21 shall submit to the Secretary, during the 90-day period 

22 before the second anniversary of the alien’s obtaining the 

23 status of lawful admission for permanent residence, a peti24 tion which requests the removal of such conditional basis 


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1 and states, under penalty of perjury, the facts and infor2 mation described in subparagraph (G). 

3 ‘‘(C) In the case of an alien with permanent resident 

4 status on a conditional basis under this subsection, if no 

5 petition is filed with respect to the alien in accordance with 

6 the provisions of this paragraph, status shall be termi7 nated. 

8 ‘‘(D) In any removal proceeding with respect to an 

9 alien whose permanent resident status is terminated under 

10 subparagraph (B), the burden of proof shall be on the 

11 alien to establish compliance with the conditions of this 

12 subsection. 

13 ‘‘(E) If the Secretary determines that such facts and 

14 information are true, the Secretary shall so notify the par15 ties involved and shall remove the conditional basis of the 

16 party effective as of the second anniversary of the alien’s 

17 obtaining the status of lawful admission for permanent 

18 residence 

19 ‘‘(F) If the Secretary determines that such facts and 

20 information are not true, the Secretary shall so notify the 

21 parties involved and, shall terminate the permanent resi22 dent status of an alien as of the date of the determination. 

23 ‘‘(G) Each petition under this paragraph for removal 

24 of conditional status shall contain the following facts and 

25 information: 


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1 ‘‘(i) Evidence of continued employment. 

2 ‘‘(ii) Evidence of employment in an area that is 

3 not a high unemployment area described in section 

4 218B. 

5 ‘‘(iii) Evidence of compliance with— 

6 ‘‘(I) section 602(g) of the STRIVE Act of 

7 2007, regarding payment of income taxes 

8 ‘‘(II) section 602(h) of such Act, regarding 

9 basic citizenship skills 

10 ‘‘(III) section 602(i) of such Act, regarding 

11 security and law enforcement background 

12 checks; 

13 ‘‘(IV) section 602(j) of such Act, regarding 

14 military selective service; and 

15 ‘‘(V) section 602(k) of such Act, regarding 

16 treatment of conditional nonimmigrant depend17 ents. 

18 ‘‘(4) An alien shall demonstrate evidence of employ19 ment in accordance with section 602(a)(3) of the STRIVE 

20 Act. It is the sense of the Congress that the requirement 

21 under this paragraph should be interpreted and imple22 mented in a manner that recognizes and takes into ac23 count the difficulties encountered by aliens in obtaining 

24 evidence of employment. Such alien shall prove, by a pre25 ponderance of the evidence, that the alien has satisfied 


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1 the requirements of this subsection. An alien may meet 

2 such burden of proof by producing sufficient evidence to 

3 demonstrate such employment as a matter of reasonable 

4 inference. 

5 ‘‘(5) An alien who demonstrates that the alien meets 

6 the requirements of section 312 may be considered to have 

7 satisfied the requirements of that section for purposes of 

8 becoming naturalized as a citizen of the United States 

9 under title III. 

10 ‘‘(6) Filing a petition under paragraph (1) on behalf 

11 of an alien or otherwise seeking permanent residence in 

12 the United States for such alien shall not constitute evi13 dence of the alien’s ineligibility for nonimmigrant status 

14 under section 101(a)(15)(H)(ii)(c). 

15 ‘‘(7) The limitation regarding the period of author16 ized stay under section 218D(9)(d) shall not apply to an 

17 H–2C nonimmigrant if— 

18 ‘‘(A) a labor certification petition filed under 

19 section 203(b) on behalf of such alien is pending; 

20 ‘‘(B) an immigrant visa petition filed under sec21 tion 204(b) on behalf of such alien is pending; or 

22 ‘‘(C) an application for adjustment of status 

23 under paragraph (1)(B) is pending. 

24 ‘‘(8) The Secretary of Homeland Security shall ex25 tend the stay of an alien who qualifies for an exemption 


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1 under paragraph (6) in 1-year increments until a final de2 cision is made on the alien’s lawful permanent residence. 

3 ‘‘(9) Nothing in this subsection shall be construed to 

4 prevent an alien having nonimmigrant status described in 

5 section 101(a)(15)(H)(ii)(c) from filing an application for 

6 adjustment of status under this section in accordance with 

7 any other provision of law.’’. 

8 SEC. 408. REQUIREMENTS FOR PARTICIPATING COUN9 TRIES. 

10 (a) IN GENERAL.—The Secretary of State, in co11 operation with the Secretary and the Attorney General, 

12 shall negotiate with each home country of aliens described 

13 in section 101(a)(15)(H)(ii)(c) of the Immigration and 

14 Nationality Act, as added by section 401, to enter into 

15 a bilateral agreement with the United States that con16 forms to the requirements under subsection (b). 

17 (b) REQUIREMENTS OF BILATERAL AGREEMENTS.— 

18 Each agreement negotiated under subsection (a) shall re19 quire the participating home country to— 

20 (1) accept the return of nationals who are or21 dered removed from the United States within 3 days 

22 of such removal; 

23 (2) cooperate with the United States Govern24 ment to— 


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1 (A) identify, track, and reduce gang mem2 bership, violence, and human trafficking and 

3 smuggling; and 

4 (B) control illegal immigration; 

5 (3) provide the United States Government 

6 with— 

7 (A) passport information and criminal 

8 records of aliens who are seeking admission to, 

9 or are present in, the United States; and 

10 (B) admission and entry data to facilitate 

11 United States entry-exit data systems; 

12 (4) educate nationals of the home country re13 garding United States temporary worker programs 

14 to ensure that such nationals are not exploited; and 

15 (5) evaluate means to provide housing incen16 tives in the alien’s home country for returning work17 ers. 

18 SEC. 409. COMPLIANCE INVESTIGATORS. 

19 The Secretary of Labor, subject to the availability of 

20 appropriations for such purpose, shall annually increase, 

21 by not less than 2,000, the number of positions for compli22 ance investigators dedicated to enforcing compliance with 

23 this title, and the amendments made by this title. 


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1 SEC. 410. STANDING COMMISSION ON IMMIGRATION AND 

2 LABOR MARKETS. 

3 (a) ESTABLISHMENT OF COMMISSION.— 

4 (1) IN GENERAL.—There is established an inde5 pendent Federal agency within the Executive Branch 

6 to be known as the Standing Commission on Immi7 gration and Labor Markets (referred to in this sec8 tion as the ‘‘Commission’’). 

9 (2) PURPOSES.—The purposes of the Commis10 sion are— 

11 (A) to study the new worker program es12 tablished under this title to admit H–2C non13 immigrants (referred to in this section as the 

14 ‘‘Program’’); 

15 (B) to make recommendations to the 

16 President and Congress with respect to the Pro17 gram. 

18 (3) MEMBERSHIP.—The Commission shall be 

19 composed of— 

20 (A) 6 voting members— 

21 (i) who shall be appointed by the 

22 President, with the advice and consent of 

23 the Senate, not later than 6 months after 

24 the establishment of the Program; 


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1 (ii) who shall serve for 3-year stag2 gered terms, which can be extended for 1 

3 additional 3-year term; 

4 (iii) who shall select a Chair from 

5 among the voting members to serve a 2- 

6 year term, which can be extended for 1 ad7 ditional 2-year term; 

8 (iv) who shall have expertise in eco9 nomics, demography, labor, business, or 

10 immigration or other pertinent qualifica11 tions or experience; 

12 (v) who may not be an employee of 

13 the Federal Government or of any State or 

14 local government; and 

15 (vi) not more than 3 of whom may be 

16 members of the same political party. 

17 (B) 7 ex-officio members, including— 

18 (i) the Secretary; 

19 (ii) the Secretary of State; 

20 (iii) the Attorney General; 

21 (iv) the Secretary of Labor; 

22 (v) the Secretary of Commerce; 

23 (vi) the Secretary of Health and 

24 Human Services; and 

25 (vii) the Secretary of Agriculture. 


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1 (4) VACANCIES.—Any vacancy in the Commis2 sion shall be filled in the same manner as the origi3 nal appointment. 

4 (5) MEETINGS.— 

5 (A) INITIAL MEETING.—The Commission 

6 shall meet and begin carrying out the duties de7 scribed in subsection (b) as soon as practicable. 

8 (B) SUBSEQUENT MEETINGS.—After its 

9 initial meeting, the Commission shall meet upon 

10 the call of the Chair or a majority of its mem11 bers. 

12 (C) QUORUM.—Four voting members of 

13 the Commission shall constitute a quorum. 

14 (b) DUTIES OF THE COMMISSION.—The Commission 

15 shall— 

16 (1) examine and analyze— 

17 (A) the development and implementation of 

18 the Program; 

19 (B) the criteria for the admission of tem20 porary workers under the Program; 

21 (C) the formula for determining the annual 

22 numerical limitations of the Program; 

23 (D) the impact of the Program on immi24 gration; 


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1 (E) the impact of the Program on the 

2 economy, unemployment rate, wages, workforce, 

3 and businesses of the United States; and 

4 (F) any other matters regarding the Pro5 gram that the Commission considers appro6 priate; 

7 (2) not later than February 1, 2009, and every 

8 2 years thereafter, submit a report to the President 

9 and Congress that— 

10 (A) contains the findings of the analysis 

11 conducted under paragraph (1); 

12 (B) makes recommendations regarding the 

13 necessary adjustments to the numerical limits 

14 of the Program in section 214(g)(1)(C) of the 

15 Immigration and Nationality Act, as added by 

16 section 406, to meet the labor market needs of 

17 the United States; and 

18 (C) makes other recommendations regard19 ing the Program, including legislative or admin20 istrative action, that the Commission deter21 mines to be in the national interest. 

22 (3) upon receiving a request from Congress, ex23 amine, analyze, and report findings or recommenda24 tions regarding any other employment-based immi25 gration and visa program. 


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1 (c) INFORMATION AND ASSISTANCE FROM FEDERAL

2 AGENCIES.— 

3 (1) INFORMATION.—The head of any Federal 

4 department or agency that receives a request from 

5 the Commission for information, including sugges6 tions, estimates, and statistics, as the Commission 

7 considers necessary to carry out the provisions of 

8 this section, shall furnish such information to the 

9 Commission, to the extent allowed by law. 

10 (2) ASSISTANCE.— 

11 (A) GENERAL SERVICES ADMINISTRA12 TION.—The Administrator of General Services 

13 shall, on a reimbursable basis, provide the Com14 mission with administrative support and other 

15 services for the performance of the Commis16 sion’s functions. 

17 (B) OTHER FEDERAL AGENCIES.—The de18 partments and agencies of the United States 

19 may provide the Commission with such services, 

20 funds, facilities, staff, and other support serv21 ices as the heads of such departments and 

22 agencies determine advisable and authorized by 

23 law. 

24 (d) PERSONNEL MATTERS.— 

25 (1) STAFF.— 


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1 (A) APPOINTMENT AND COMPENSATION.— 

2 The Chair, in accordance with rules agreed 

3 upon by the Commission, may appoint and fix 

4 the compensation of a staff director and such 

5 other personnel as may be necessary to enable 

6 the Commission to carry out its functions. 

7 (B) FEDERAL EMPLOYEES.— 

8 (i) IN GENERAL.—Except as provided 

9 under clause (ii), the executive director and 

10 any personnel of the Commission who are 

11 employees shall be considered to be em12 ployees under section 2105 of title 5, 

13 United States Code, for purposes of chap14 ters 63, 81, 83, 84, 85, 87, 89,and 90 of 

15 such title. 

16 (ii) COMMISSION MEMBERS .—Clause 

17 (i) shall not apply to members of the Com18 mission. 

19 (2) DETAILEES.—Any employee of the Federal 

20 Government may be detailed to the Commission 

21 without reimbursement from the Commission. Such 

22 detailee shall retain the rights, status, and privileges 

23 of his or her regular employment without interrup24 tion. 


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1 (3) CONSULTANT SERVICES.—The Commission 

2 may procure the services of experts and consultants 

3 in accordance with section 3109 of title 5, United 

4 States Code, at rates not to exceed the daily rate 

5 paid a person occupying a position at level IV of the 

6 Executive Schedule under section 5315 of such title 

7 5. 

8 (e) COMPENSATION AND TRAVEL EXPENSES.— 

9 (1) COMPENSATION.—Each voting member of 

10 the Commission may be compensated at a rate not 

11 to exceed the daily equivalent of the annual rate of 

12 basic pay in effect for a position at level IV of the 

13 Executive Schedule under section 5315 of title 5, 

14 United States Code, for each day during which that 

15 member is engaged in the actual performance of the 

16 duties of the Commission. 

17 (2) TRAVEL EXPENSES.—Members of the Com18 mission shall be allowed travel expenses, including 

19 per diem in lieu of subsistence, in the same manner 

20 as persons employed intermittently in the Govern21 ment service are allowed expenses under section 

22 5703(b) of title 5, United States Code, while away 

23 from their homes or regular places of business in the 

24 performance of services for the Commission. 


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1 (f) DETERMINATION OF NEW LEVELS OF PROGRAM

2 VISAS.—The numeric levels for visas under the Program 

3 shall be set automatically for the first fiscal year beginning 

4 after the report is submitted under subsection (b)(2) 

5 based on the numeric levels determined in the most recent 

6 fiscal year, as adjusted by section 214(g)(1)(C) of the Im7 migration and Nationality Act, unless Congress enacts leg8 islation before September 30, 2009, that— 

9 (1) establishes the baseline numeric levels of 

10 Program visas for such fiscal year; and 

11 (2) makes amendments, as necessary, to such 

12 section 214(g)(1)(C). 

13 (g) FUNDING.—Fees and fines deposited into the 

14 New Worker and Conditional Nonimmigrants Fee Account 

15 under section 286(w)(3)(B) of the Immigration and Na16 tionality Act may be used by the Commission to carry out 

17 its duties under this section. 

18 SEC. 411. ADMISSION OF NONIMMIGRANTS. 

19 (a) PRESUMPTION OF NONIMMIGRANT STATUS.— 

20 Section 214(b) (8 U.S.C. 1184(b)) is amended by striking 

21 ‘‘and other than’’ and inserting ‘‘a nonimmigrant de22 scribed in section 101(a)(15)(H)(ii)(c)), and’’. 

23 (b) EVIDENCE TO ABANDON FOREIGN RESI24 DENCE.—Section 214(h) (8 U.S.C. 1184(h)) is amended 


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1 by striking ‘‘H(i)(b) or (c),’’ and inserting ‘‘(H)(i)(b), 

2 H(i)(c), (H)(ii)(c),’’. 

3 SEC. 412. AGENCY REPRESENTATION AND COORDINATION. 

4 Section 274A(e) (8 U.S.C. 1324a(e)) is amended— 

5 (1) in paragraph (2)— 

6 (A) in subparagraph (A), by striking the 

7 comma at the end and inserting a semicolon; 

8 (B) in subparagraph (B), by striking ‘‘, 

9 and’’ and inserting a semicolon; 

10 (C) in subparagraph (C), by striking 

11 ‘‘paragraph (2).’’ And inserting ‘‘paragraph (1); 

12 and’’; and 

13 (D) by inserting after subparagraph (C) 

14 the following: 

15 ‘‘(D) United States Immigration and Cus16 toms Enforcement officials may not misrepre17 sent to employees or employers that they are a 

18 member of any agency or organization that pro19 vides domestic violence services, enforces health 

20 and safety law or other labor laws, provides 

21 health care services, or any other services in22 tended to protect life and safety.’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(10) COORDINATION.—An investigation under 

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1 propriate regional office of the National Labor Rela2 tions Board, the Department of Labor, and all rel3 evant State and local agencies that are charged with 

4 enforcing workplace standards. Evidence gathered 

5 from such agencies shall be considered in deter6 mining whether the entity under investigation has 

7 violated subsection (a).’’. 

8 SEC. 413. SENSE OF CONGRESS REGARDING PERSONAL 

9 PROTECTIVE EQUIPMENT. 

10 (a) IN GENERAL.—It is the sense of the Congress 

11 that the Secretary of Labor, not later than 90 days after 

12 the date of the enactment of this Act, should amend sec13 tion 1910.132(a) of title 29, Code of Federal Regulations, 

14 to require employers to provide personal protective equip15 ment to employees at no cost. Any future regulation pro16 mulgated under such section should require such equip17 ment be provided to employees at no cost. 

18 (b) DEFINED TERM.—In this section, the term ‘‘per19 sonal protective equipment’’ has the meaning given the 

20 term in section 1910.132(a) of title 29, Code of Federal 

21 Regulations (or any corresponding similar regulation or 

22 ruling). 

23 SEC. 414. RULEMAKING; EFFECTIVE DATE. 

24 (a) RULEMAKING.—Not later than 6 months after 

25 the date of enactment of the STRIVE Act, the Secretary 


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1 of Labor shall promulgate regulations, in accordance with 

2 the notice and comment provisions of section 553 of title 

3 5, United States Code, to carry out the provisions of sec4 tions 218A and 218B of the Immigration and Nationality 

5 Act, as added by this title. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 sections 402, 403, and 404 shall take effect on the date 

8 that is 1 year after the date of the enactment of this Act 

9 with regard to aliens, who, on such effective date, are in 

10 the foreign country where they maintain residence. 

11 SEC. 415. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated such sums 

13 as may be necessary to carry out this title. 

14 TITLE V—VISA REFORMS 

15 Subtitle A—Backlog Reduction 

16 SEC. 501. ELIMINATION OF EXISTING BACKLOGS. 

17 (a) FAMILY-SPONSORED IMMIGRANTS.—Section 

18 201(c) (8 U.S.C. 1151(c)) is amended to read as follows: 

19 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

20 IMMIGRANTS.—The worldwide level of family-sponsored 

21 immigrants under this subsection for a fiscal year is equal 

22 to the sum of— 

23 ‘‘(1) 480,000; 

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1 section during the previous fiscal year and the num2 ber of visas issued during the previous fiscal year; 

3 ‘‘(3) the difference between— 

4 ‘‘(A) the maximum number of visas au5 thorized to be issued under this subsection dur6 ing fiscal years 2001 through 2005 minus the 

7 number of visas issued under this subsection 

8 during those fiscal years; and 

9 ‘‘(B) the number of visas calculated under 

10 subparagraph (A) that were issued after fiscal 

11 year 2005.’’. 

12 (b) EMPLOYMENT-BASED IMMIGRANTS.—Section 

13 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: 

14 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

15 IMMIGRANTS.— 

16 ‘‘(1) IN GENERAL.—The worldwide level of em17 ployment-based immigrants under this subsection for 

18 a fiscal year is equal to the sum of— 

19 ‘‘(A) 290,000; 

20 ‘‘(B) the difference between the maximum 

21 number of visas authorized to be issued under 

22 this subsection during the previous fiscal year 

23 and the number of visas issued during the pre24 vious fiscal year; and 

25 ‘‘(C) the difference between— 


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1 ‘‘(i) the maximum number of visas au2 thorized to be issued under this subsection 

3 during fiscal years 2001 through 2005 and 

4 the number of visa numbers issued under 

5 this subsection during those fiscal years; 

6 and 

7 ‘‘(ii) the number of visas calculated 

8 under clause (i) that were issued after fis9 cal year 2005. 

10 ‘‘(2) VISAS FOR SPOUSES AND CHILDREN.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), immigrant visas issued on or 

13 after October 1, 2004, to spouses and children 

14 of employment-based immigrants shall not be 

15 counted against the numerical limitation set 

16 forth in paragraph (1). 

17 ‘‘(B) NUMERICAL LIMITATION.—The total 

18 number of visas issued under paragraph (A) 

19 may not exceed 800,000 during any fiscal 

20 year.’’. 

21 (c) EXCEPTION TO NONDISCRIMINATION.—Section 

22 202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by 

23 striking ‘‘201(b)(2)(A)(i)’’ and inserting ‘‘201(b), 

24 201(d)(2)(A)’’. 


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1 SEC. 502. INCREASING COUNTRY LIMITS AND EXEMPTING 

2 FAMILY-SPONSORED AND EMPLOYMENT3 BASED IMMIGRANTS. 

4 Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is amended 

5 by striking ‘‘may not exceed 7 percent’’ and all that fol6 lows and inserting ‘‘, except for aliens described in sub7 sections (b) and (d)(2)(A) of section 201, may not exceed 

8 10 percent (in the case of a single foreign state) or 5 per9 cent (in the case of a dependent area) of the total number 

10 of such visas made available under such subsections in 

11 that fiscal year.’’. 

12 SEC. 503. ALLOCATION OF IMMIGRANT VISAS. 

13 (a) PREFERENCE ALLOCATION FOR FAMILY-SPON14 SORED IMMIGRANTS.—Section 203(a) (8 U.S.C. 1153(a)) 

15 is amended to read as follows: 

16 ‘‘(a) PREFERENCE ALLOCATIONS FOR FAMILY-SPON17 SORED IMMIGRANTS.—Aliens subject to the worldwide 

18 level set forth in section 201(c) for family-sponsored immi19 grants shall be allocated visas as follows: 

20 ‘‘(1) UNMARRIED SONS AND DAUGHTERS OF

21 CITIZENS.—Qualified immigrants who are the un22 married sons or daughters of citizens of the United 

23 States shall be allocated visas in a quantity not to 

24 exceed the sum of— 

25 ‘‘(A) 10 percent of such worldwide level; 

26 and 


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1 ‘‘(B) any visas not required for the class 

2 specified in paragraph (4). 

3 ‘‘(2) SPOUSES AND UNMARRIED SONS AND

4 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

5 ‘‘(A) IN GENERAL.—Visas in a quantity 

6 not to exceed 50 percent of such worldwide level 

7 plus any visas not required for the class speci8 fied in paragraph (1) shall be allocated to quali9 fied immigrants who are— 

10 ‘‘(i) the spouses or children of an 

11 alien lawfully admitted for permanent resi12 dence; or 

13 ‘‘(ii) the unmarried sons or daughters 

14 of an alien lawfully admitted for perma15 nent residence. 

16 ‘‘(B) MINIMUM PERCENTAGE.—Visas allo17 cated to individuals described in subparagraph 

18 (A)(i) shall constitute not less than 77 percent 

19 of the visas allocated under this paragraph. 

20 ‘‘(3) MARRIED SONS AND DAUGHTERS OF CITI21 ZENS.—Qualified immigrants who are the married 

22 sons and daughters of citizens of the United States 

23 shall be allocated visas in a quantity not to exceed 

24 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 classes 

4 specified in paragraphs (1) and (2). 

5 ‘‘(4) BROTHERS AND SISTERS OF CITIZENS.— 

6 Qualified immigrants who are the brothers or sisters 

7 of a citizen of the United States who is at least 21 

8 years of age shall be allocated visas in a quantity 

9 not to exceed 30 percent of the worldwide level.’’. 

10 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT11 BASED IMMIGRANTS.—Section 203(b) (8 U.S.C. 1153(b)) 

12 is amended— 

13 (1) in paragraph (1), by striking ‘‘28.6 per14 cent’’ and inserting ‘‘15 percent’’; 

15 (2) in paragraph (2)(A), by striking ‘‘28.6 per16 cent’’ and inserting ‘‘15 percent’’; 

17 (3) in paragraph (3)(A)— 

18 (A) by striking ‘‘28.6 percent’’ and insert19 ing ‘‘35 percent’’; and 

20 (B) by striking clause (iii); 

21 (4) by striking paragraph (4); 

22 (5) by redesignating paragraph (5) as para23 graph (4); 

24 (6) in paragraph (4)(A), as redesignated, by 

25 striking ‘‘7.1 percent’’ and inserting ‘‘5 percent’’; 


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1 (7) by inserting after paragraph (4), as redesig2 nated, the following: 

3 ‘‘(5) OTHER WORKERS.— 

4 ‘‘(A) IN GENERAL.—Visas shall be made 

5 available, in a number not to exceed 30 percent 

6 of such worldwide level, plus any visa numbers 

7 not required for the classes specified in para8 graphs (1) through (4), to qualified immigrants 

9 who are capable, at the time of petitioning for 

10 classification under this paragraph, of per11 forming unskilled labor that is not of a tem12 porary or seasonal nature, for which qualified 

13 workers are determined to be unavailable in the 

14 United States. 

15 ‘‘(B) PRIORITY IN ALLOCATING VISAS.—In 

16 allocating visas under subparagraph (A) for 

17 each of the fiscal years 2007 through 2017, the 

18 Secretary shall reserve 30 percent of such visas 

19 for qualified immigrants who were physically 

20 present in the United States before January 7, 

21 2004.’’; and 

22 (8) by striking paragraph (6). 

23 (c) SPECIAL IMMIGRANTS NOT SUBJECT TO NUMER24 ICAL LIMITATIONS.—Section 201(b)(1)(A) (8 U.S.C. 


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1 1151(b)(1)(A)) is amended by striking ‘‘subparagraph (A) 

2 or (B) of’’. 

3 (d) TEMPORARY INCREASE IN NUMBER OF IRAQI

4 AND AFGHAN TRANSLATORS WHO MAY BE PROVIDED

5 STATUS AS SPECIAL IMMIGRANTS.—Section 1059(c)(1) of 

6 the National Defense Authorization Act for Fiscal Year 

7 2006 (8 U.S.C. 1101 note) is amended by striking ‘‘during 

8 any fiscal year shall not exceed 50.’’ and inserting the fol9 lowing: ‘‘may not exceed— 

10 ‘‘(A) 300 during each of the fiscal years 

11 2007, 2008, and 2009; and 

12 ‘‘(B) 50 during any subsequent fiscal 

13 year.’’. 

14 (e) CONFORMING AMENDMENTS.— 

15 (1) DEFINITION OF SPECIAL IMMIGRANT.—Sec16 tion 101(a)(27)(M) (8 U.S.C. 1101(a)(27)(M)) is 

17 amended by striking ‘‘subject to the numerical limi18 tations of section 203(b)(4),’’. 

19 (2) REPEAL OF TEMPORARY REDUCTION IN

20 WORKERS’ VISAS.—Section 203(e) of the Nicaraguan 

21 Adjustment and Central American Relief Act (Public 

22 Law 105–100; 8 U.S.C. 1153 note) is repealed. 


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1 SEC. 504. NURSING SHORTAGE. 

2 (a) EXCEPTION TO DIRECT NUMERICAL LIMITA3 TIONS.—Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is 

4 amended by adding at the end the following: 

5 ‘‘(F)(i) During the period beginning on the date 

6 of the enactment the STRIVE Act and ending on 

7 September 30, 2017, an alien— 

8 ‘‘(I) who is otherwise described in section 

9 203(b); and 

10 ‘‘(II) who is seeking admission to the 

11 United States to perform labor in shortage oc12 cupations designated by the Secretary of Labor 

13 for blanket certification under section 

14 212(a)(5)(A) due to the lack of sufficient 

15 United States workers able, willing, qualified, 

16 and available for such occupations and for 

17 which the employment of aliens will not ad18 versely affect the terms and conditions of simi19 larly employed United States workers. 

20 ‘‘(ii) During the period described in clause (i), 

21 the spouse or dependents of an alien described in 

22 clause (i), if accompanying or following to join such 

23 alien.’’. 

24 (b) EXCEPTION TO NONDISCRIMINATION REQUIRE25 MENTS.—Section 202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) 


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1 is amended by striking ‘‘201(b)(2)(A)(i)’’ and inserting 

2 ‘‘201(b)’’. 

3 (c) EXCEPTION TO PER COUNTRY LEVELS FOR FAM4 ILY-SPONSORED AND EMPLOYMENT-BASED IMMI5 GRANTS.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)), as 

6 amended by section 502, is further amended by inserting 

7 ‘‘, except for aliens described in section 201(b),’’ after 

8 ‘‘any fiscal year’’. 

9 (d) INCREASING THE DOMESTIC SUPPLY OF NURSES

10 AND PHYSICAL THERAPISTS.—Not later than January 1, 

11 2007, the Secretary of Health and Human Services 

12 shall— 

13 (1) submit to Congress a report on the source 

14 of newly licensed nurses and physical therapists in 

15 each State, which report shall— 

16 (A) include the past 3 years for which data 

17 are available; 

18 (B) provide separate data for each occupa19 tion and for each State; 

20 (C) separately identify those receiving their 

21 initial license and those licensed by endorse22 ment from another State; 

23 (D) within those receiving their initial li24 cense in each year, identify the number who re25 ceived their professional education in the 


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1 United States and those who received such edu2 cation outside the United States; and 

3 (E) to the extent possible, identify, by 

4 State of residence and country of education, the 

5 number of nurses and physical therapists who 

6 were educated in any of the 5 countries (other 

7 than the United States) from which the most 

8 nurses and physical therapists arrived; 

9 (F) identify the barriers to increasing the 

10 supply of nursing faculty, domestically trained 

11 nurses, and domestically trained physical thera12 pists; 

13 (G) recommend strategies to be followed by 

14 Federal and State governments that would be 

15 effective in removing such barriers, including 

16 strategies that address barriers to advancement 

17 to become registered nurses for other health 

18 care workers, such as home health aides and 

19 nurses assistants; 

20 (H) recommend amendments to Federal 

21 legislation that would increase the supply of 

22 nursing faculty, domestically trained nurses, 

23 and domestically trained physical therapists; 

24 (I) recommend Federal grants, loans, and 

25 other incentives that would provide increases in 


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1 nurse educators, nurse training facilities, and 

2 other steps to increase the domestic education 

3 of new nurses and physical therapists; 

4 (J) identify the effects of nurse emigration 

5 on the health care systems in their countries of 

6 origin; and 

7 (K) recommend amendments to Federal 

8 law that would minimize the effects of health 

9 care shortages in the countries of origin from 

10 which immigrant nurses arrived; 

11 (2) enter into a contract with the National 

12 Academy of Sciences Institute of Medicine to deter13 mine the level of Federal investment under titles VII 

14 and VIII of the Public Health Service Act necessary 

15 to eliminate the domestic nursing and physical ther16 apist shortage not later than 7 years from the date 

17 on which the report is published; and 

18 (3) collaborate with other agencies, as appro19 priate, in working with ministers of health or other 

20 appropriate officials of the 5 countries from which 

21 the most nurses and physical therapists arrived, 

22 to— 

23 (A) address health worker shortages 

24 caused by emigration; 


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1 (B) ensure that there is sufficient human 

2 resource planning or other technical assistance 

3 needed to reduce further health worker short4 ages in such countries. 

5 (e) AUTHORITY OF CONSULAR OFFICER TO GRANT

6 PREFERENCE STATUS.—Section 204(b) of the Immigra7 tion and Nationality Act (8 U.S.C. 1154(b)) is amended— 

8 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; 

9 and 

10 (2) by adding at the end the following: 

11 ‘‘(2) Notwithstanding paragraph (1), for indi12 vidual beneficiaries outside of the United States 

13 seeking classification under section 203(b) who will 

14 perform labor in shortage occupations designated by 

15 the Secretary of Labor for blanket certification 

16 under section 212(a)(5)(A) as lacking sufficient 

17 United States workers able, willing, qualified, and 

18 available for such occupations and for which the em19 ployment of aliens will not adversely affect the terms 

20 and conditions of similarly employed United States 

21 workers, a consular officer, upon petition of the im22 porting employer, shall have authority to determine 

23 eligibility if the officer determines that the facts 

24 stated in the petition are true and the alien is eligiVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 ble for the preference. The consular officer shall also 

2 have authority to grant the preference status.’’. 

3 SEC. 505. EXPEDITED ADJUDICATION OF EMPLOYER PETI4 TIONS FOR ALIENS OF EXTRAORDINARY AR5 TISTIC ABILITY. 

6 Section 214(c) (8 U.S.C. 1184(c)) is amended— 

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

8 it appears and inserting ‘‘Secretary of Homeland Se9 curity’’; and 

10 (2) in paragraph (6)(D)— 

11 (A) by striking ‘‘Any person’’ and inserting 

12 ‘‘(i) Except as provided in clause (ii), any per13 son’’; and 

14 (B) adding at the end the following: 

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

16 adjudicate each petition for an alien with extraor17 dinary ability in the arts (as described in section 

18 101(a)(15)(O)(i)), an alien accompanying such an 

19 alien (as described in clauses (ii) and (iii) of section 

20 101(a)(15)(O)), or an alien described in section 

21 101(a)(15)(P) not later than 30 days after— 

22 ‘‘(I) the date on which the petitioner sub23 mits the petition with a written advisory opin24 ion, letter of no objection, or request for a waiv25 er; or 


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1 ‘‘(II) the date on which the 15-day period 

2 described in clause (i) has expired, if the peti3 tioner has had an opportunity, as appropriate, 

4 to supply rebuttal evidence. 

5 ‘‘(iii) If a petition described in clause (ii) is not 

6 adjudicated before the end of the 30-day period de7 scribed in clause (ii) and the petitioner is a qualified 

8 nonprofit organization or an individual or entity pe9 titioning primarily on behalf of a qualified nonprofit 

10 organization, the Secretary of Homeland Security 

11 shall provide the petitioner with the premium-proc12 essing services referred to in section 286(u), without 

13 a fee.’’. 

14 SEC. 506. POWERLINE WORKERS AND BOILERMAKERS. 

15 Section 214(e) (8 U.S.C. 1184(e)) is amended by 

16 adding at the end the following: 

17 ‘‘(7) A citizen of Canada shall be admitted in the 

18 same manner and under the same authority as a citizen 

19 of Canada described in paragraph (2) if the citizen— 

20 ‘‘(A) is a powerline worker or boilermaker; 

21 ‘‘(B) has received significant training; and 

22 ‘‘(C) seeks admission to the United States to 

23 perform powerline repair and maintenance services 

24 or boilermaker repair or maintenance services.’’. 


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1 SEC. 507. H–1B VISAS. 

2 (a) IN GENERAL.—Section 214(g)(5) (8 U.S.C. 

3 1184(g)(5)) is amended— 

4 (1) in subparagraph (B)— 

5 (A) by striking ‘‘nonprofit research’’ and 

6 inserting ‘‘nonprofit’’; 

7 (B) by inserting ‘‘Federal, State, or local’’ 

8 before ‘‘governmental’’; and 

9 (C) by striking ‘‘or’’ at the end; 

10 (2) in subparagraph (C)— 

11 (A) by striking ‘‘until the number of aliens 

12 who are exempted from such numerical limita13 tion during such fiscal year exceeds 20,000.’’ 

14 and inserting ‘‘or has been awarded a medical 

15 specialty certification based on post-doctoral 

16 training and experience in the United States.’’; 

17 and 

18 (B) by striking the period at the end and 

19 inserting ‘‘; or’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(D) has earned a master’s or higher degree in 

22 science, technology, engineering, or mathematics 

23 from an institution of higher education outside of 

24 the United States.’’. 

25 (b) APPLICABILITY.—The amendments made by sub26 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 (c) MARKET-BASED VISA LIMITS.—Section 214(g) 

4 (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) by amending subparagraph (A) to read 

10 as follows: 

11 ‘‘(A) under section 101(a)(15)(H)(i)(b), 

12 may not exceed— 

13 ‘‘(i) 115,000 in fiscal year 2007; and 

14 ‘‘(ii) the sum of 115,000 and the 

15 number calculated under paragraph (9) in 

16 fiscal year 2008 and each subsequent fiscal 

17 year;’’. 

18 (2) in paragraph (8)— 

19 (A) in subparagraph (B), by striking 

20 clause (iv); and 

21 (B) by striking subparagraph (D); 

22 (3) by redesignating paragraphs (9), (10), and 

23 (11) as paragraphs (10), (11), and (12), respec24 tively; and 


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1 (4) by inserting after paragraph (8) the fol2 lowing: 

3 ‘‘(9) If the numerical limitation in paragraph 

4 (1)(A)— 

5 ‘‘(A) is reached during a given fiscal year, 

6 the numerical limitation under paragraph 

7 (1)(A) for the subsequent fiscal year shall be 

8 equal to 120 percent of the numerical limitation 

9 of the given fiscal year, not to exceed 180,000; 

10 or 

11 ‘‘(B) is not reached during a given fiscal 

12 year, the numerical limitation under paragraph 

13 (1)(A) for the subsequent fiscal year shall be 

14 equal to the numerical limitation of the given 

15 fiscal year.’’. 

16 SEC. 508. UNITED STATES EDUCATED IMMIGRANTS. 

17 (a) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

18 (1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 

19 1151(b)(1)), as amended by section 504(a), is fur20 ther amended by adding at the end the following: 

21 ‘‘(G) Aliens who have earned a master’s or 

22 higher degree from an accredited university in the 

23 United States. 

24 ‘‘(H) Aliens who have been awarded medical 

25 specialty certification based on post-doctoral training 


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1 and experience in the United States preceding their 

2 application for an immigrant visa under section 

3 203(b). 

4 ‘‘(I) Aliens who will perform labor in shortage 

5 occupations designated by the Secretary of Labor for 

6 blanket certification under section 212(a)(5)(A) as 

7 lacking sufficient United States workers able, will8 ing, qualified, and available for such occupations and 

9 for which the employment of aliens will not adversely 

10 affect the terms and conditions of similarly employed 

11 United States workers. 

12 ‘‘(J) Aliens who have earned a master’s degree 

13 or higher in science, technology, engineering, or 

14 math and have been working in a related field in the 

15 United States in a nonimmigrant status during the 

16 3-year period preceding their application for an im17 migrant visa under section 203(b). 

18 ‘‘(K) Aliens described in subparagraph (A) or 

19 (B) of section 203(b)(1) or who have received a na20 tional interest waiver under section 203(b)(2)(B). 

21 ‘‘(L) The spouse and minor children of an alien 

22 described in subparagraph (G), (H), (I), (J), or 

23 (K).’’. 

24 (2) APPLICABILITY.—The amendment made by 

25 paragraph (1) shall apply to any visa application— 


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1 (A) pending on the date of the enactment 

2 of this Act; or 

3 (B) filed on or after such date of enact4 ment. 

5 (b) LABOR CERTIFICATIONS.—Section 

6 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amend7 ed— 

8 (1) in subclause (I), by striking ‘‘, or’’ and in9 serting a semicolon; 

10 (2) in subclause (II), by striking the period at 

11 the end and inserting ‘‘; or’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(III) is a member of the profes14 sions and has a master’s degree or 

15 higher from an accredited university 

16 in the United States or has been 

17 awarded medical specialty certification 

18 based on post-doctoral training and 

19 experience in the United States.’’. 

20 (c) ATTESTATION BY HEALTHCARE WORKERS.— 

21 (1) REQUIREMENT FOR ATTESTATION.—Section 

22 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add23 ing at the end the following: 

24 ‘‘(E) HEALTHCARE WORKERS WITH OTHER

25 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 (2) EFFECTIVE DATE AND APPLICATION.— 

24 (A) EFFECTIVE DATE.—The amendment 

25 made by paragraph (1) shall become effective 


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1 180 days after the date of the enactment of this 

2 Act. 

3 (B) APPLICATION BY THE SECRETARY.— 

4 The Secretary shall begin to carry out section 

5 212(a)(5)(E) of the Immigration and Nation6 ality Act, as added by paragraph (1), not later 

7 than the effective date described in subpara8 graph (A), including the requirement for the at9 testation and the granting of a waiver described 

10 in such section, regardless of whether regula11 tions to implement such section have been pro12 mulgated. 

13 SEC. 509. STUDENT VISA REFORM. 

14 (a) IN GENERAL.— 

15 (1) NONIMMIGRANT CLASSIFICATION.—Section 

16 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amend17 ed to read as follows: 

18 ‘‘(F) an alien— 

19 ‘‘(i) who— 

20 ‘‘(I) is a bona fide student qualified to 

21 pursue a full course of study in mathe22 matics, engineering, technology, or the 

23 sciences leading to a bachelors or graduate 

24 degree and who seeks to enter the United 

25 States for the purpose of pursuing such a 


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1 course of study consistent with section 

2 214(m) at an institution of higher edu3 cation (as defined by section 101(a) of the 

4 Higher Education Act of 1965 (20 U.S.C. 

5 1001(a))) in the United States, particu6 larly designated by the alien and approved 

7 by the Secretary of Homeland Security, 

8 after consultation with the Secretary of 

9 Education, which institution or place of 

10 study shall have agreed to report to the 

11 Secretary the termination of attendance of 

12 each nonimmigrant student, and if any 

13 such institution of learning or place of 

14 study fails to make reports promptly the 

15 approval shall be withdrawn; or 

16 ‘‘(II) is engaged in temporary employ17 ment for optional practical training related 

18 to such alien’s area of study following com19 pletion of the course of study described in 

20 subclause (I) for a period or periods of not 

21 more than 24 months; 

22 ‘‘(ii) who— 

23 ‘‘(I) has a residence in a foreign coun24 try which the alien has no intention of 

25 abandoning, who is a bona fide student 


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1 qualified to pursue a full course of study, 

2 and who seeks to enter the United States 

3 temporarily and solely for the purpose of 

4 pursuing such a course of study consistent 

5 with section 214(m) at an established col6 lege, university, seminary, conservatory, 

7 academic high school, elementary school, or 

8 other academic institution or in a language 

9 training program in the United States, 

10 particularly designated by the alien and 

11 approved by the Secretary of Homeland 

12 Security, after consultation with the Sec13 retary of Education, which institution or 

14 place of study shall have agreed to report 

15 to the Secretary the termination of attend16 ance of each nonimmigrant student, and if 

17 any such institution of learning or place of 

18 study fails to make reports promptly the 

19 approval shall be withdrawn; or 

20 ‘‘(II) is engaged in temporary employ21 ment for optional practical training related 

22 to such alien’s area of study following com23 pletion of the course of study described in 

24 subclause (I) for a period or periods of not 

25 more than 24 months; 


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1 ‘‘(iii) who is the spouse or minor child of 

2 an alien described in clause (i) or (ii) if accom3 panying or following to join such an alien; 

4 ‘‘(iv) who— 

5 ‘‘(I) is a national of Canada or Mex6 ico, who maintains actual residence and 

7 place of abode in the country of nation8 ality, who is described in clause (i) or (ii) 

9 except that the alien’s qualifications for 

10 and actual course of study may be full or 

11 part-time, and who commutes to the 

12 United States institution or place of study 

13 from Canada or Mexico; or 

14 ‘‘(II) is engaged in temporary employ15 ment for optional practical training related 

16 to such the student’s area of study fol17 lowing completion of the course of study 

18 described in subclause (I) for a period or 

19 periods of not more than 24 months; or 

20 ‘‘(v) who— 

21 ‘‘(I) maintains actual residence and 

22 place of abode in the alien’s country of na23 tionality; and 

24 ‘‘(II) is described in clause (i), except 

25 that the alien’s actual course of study may 


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1 involve a distance learning program, for 

2 which the alien is temporarily visiting the 

3 United States for a period of up to 30 

4 days.’’. 

5 (2) ADMISSION.—Section 214(b) (8 U.S.C. 

6 1184(b)) is amended by inserting ‘‘(F)(i),’’ before 

7 ‘‘(L) or (V)’’. 

8 (3) CONFORMING AMENDMENT.—Section 

9 214(m)(1) (8 U.S.C. 1184(m)(1)) is amended, in the 

10 matter preceding subparagraph (A), by striking ‘‘(i) 

11 or (iii)’’ and inserting ‘‘(i), (ii), (iv), or (v)’’. 

12 (b) OFF-CAMPUS WORK AUTHORIZATION FOR FOR13 EIGN STUDENTS.— 

14 (1) IN GENERAL.—Aliens admitted as non15 immigrant students described in section 

16 101(a)(15)(F), as amended by subsection (a), (8 

17 U.S.C. 1101(a)(15)(F)) may be employed in an off18 campus position unrelated to the alien’s field of 

19 study if— 

20 (A) the alien has enrolled full-time at the 

21 educational institution and is maintaining good 

22 academic standing; 

23 (B) the employer provides the educational 

24 institution and the Secretary of Labor with an 

25 attestation that the employer— 


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1 (i) has spent at least 21 days recruit2 ing United States citizens to fill the posi3 tion; and 

4 (ii) will pay the alien and other simi5 larly situated workers at a rate equal to 

6 not less than the greater of— 

7 (I) the actual wage level for the 

8 occupation at the place of employ9 ment; or 

10 (II) the prevailing wage level for 

11 the occupation in the area of employ12 ment; and 

13 (C) the alien will not be employed more 

14 than— 

15 (i) 20 hours per week during the aca16 demic term; or 

17 (ii) 40 hours per week during vacation 

18 periods and between academic terms. 

19 (2) DISQUALIFICATION.—If the Secretary of 

20 Labor determines that an employer has provided an 

21 attestation under paragraph (1)(B) that is materi22 ally false or has failed to pay wages in accordance 

23 with the attestation, the employer, after notice and 

24 opportunity for a hearing, shall be disqualified from 

25 employing an alien student under paragraph (1). 


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1 SEC. 510. L–1 VISA HOLDERS SUBJECT TO VISA BACKLOG. 

2 Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended 

3 by adding at the end the following: 

4 ‘‘(G) The limitations contained in subparagraph (D) 

5 with respect to the duration of authorized stay shall not 

6 apply to any nonimmigrant alien previously issued a visa 

7 or otherwise provided nonimmigrant status under section 

8 101(a)(15)(L) on whose behalf a petition under section 

9 204(b) to accord the alien immigrant status under section 

10 203(b), or an application for labor certification (if such 

11 certification is required for the alien to obtain status 

12 under such section 203(b)) has been filed, if 365 days or 

13 more have elapsed since such filing. The Secretary of 

14 Homeland Security shall extend the stay of an alien who 

15 qualifies for an exemption under this subparagraph until 

16 such time as a final decision is made on the alien’s lawful 

17 permanent residence.’’. 

18 SEC. 511. RETAINING WORKERS SUBJECT TO GREEN CARD 

19 BACKLOG. 

20 (a) ADJUSTMENT OF STATUS.— 

21 (1) IN GENERAL.—Section 245 (8 U.S.C. 1255) 

22 is amended by adding at the end the following: 

23 ‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOYMENT24 BASED IMMIGRANTS.— 

25 ‘‘(1) ELIGIBILITY.—The Secretary of Homeland 

26 Security shall promulgate regulations to provide for 


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1 the filing of an application for adjustment of status 

2 by an alien (and any eligible dependents of such 

3 alien), regardless of whether an immigrant visa is 

4 immediately available at the time the application is 

5 filed, if the alien— 

6 ‘‘(A) has an approved petition under sub7 paragraph (E) or (F) of section 204(a)(1); or 

8 ‘‘(B) at the discretion of the Secretary, has 

9 a pending petition under subparagraph (E) or 

10 (F) of section 204(a)(1). 

11 ‘‘(2) VISA AVAILABILITY.—An application filed 

12 pursuant to paragraph (1) may not be approved 

13 until an immigrant visa becomes available. 

14 ‘‘(3) FEES.—If an application is filed pursuant 

15 to paragraph (1), the beneficiary of such application 

16 shall pay a supplemental fee of $500. Such fee may 

17 not be charged to any dependent accompanying or 

18 following to join such beneficiary. 

19 ‘‘(4) EXTENSION OF EMPLOYMENT AUTHORIZA20 TION AND ADVANCED PAROLE DOCUMENT.— 

21 ‘‘(A) IN GENERAL.—The Secretary of 

22 Homeland Security shall provide employment 

23 authorization and advanced parole documents, 

24 in 3-year increments, to beneficiaries of an ap25 plication for adjustment of status based on a 


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1 petition that is filed or, at the discretion of the 

2 Secretary, pending, under subparagraph (E) or 

3 (F) of section 204(a)(1). 

4 ‘‘(B) FEE ADJUSTMENTS.—Application 

5 fees under this subsection may be adjusted in 

6 accordance with the 3-year period of validity as7 signed to the employment authorization or ad8 vanced parole documents under subparagraph 

9 (A).’’. 

10 (b) USE OF FEES.—Section 286 (8 U.S.C. 1356) is 

11 amended— 

12 (1) in subsection (m)— 

13 (A) by striking ‘‘Notwithstanding any 

14 other provisions of law,’’ and inserting the fol15 lowing: 

16 ‘‘(c) IMMIGRATION EXAMINATIONS FEE ACCOUNT.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of law, all fees collected under section 

19 245(n)(3) and’’; 

20 (B) by striking ‘‘: Provided, however, That 

21 all’’ and inserting the following: 

22 ‘‘(2) VIRGIN ISLANDS; GUAM.—All’’; and 

23 (C) by striking ‘‘: Provided further, That 

24 fees’’ and inserting the following: 

25 ‘‘(3) COST RECOVERY.—Fees’’. 


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1 (2) in subsection (n)— 

2 (A) by striking ‘‘(n) All deposits’’ and in3 serting the following: 

4 ‘‘(4) USE OF FUNDS.— 

5 ‘‘(A) IN GENERAL.—Except as provided 

6 under subparagraph (B), all deposits’’; and 

7 (B) adding at the end the following: 

8 ‘‘(C) SUPPLEMENTAL FEE FOR ADJUST9 MENT OF STATUS OF EMPLOYMENT-BASED IM10 MIGRANTS.—Any amounts deposited into the 

11 Immigration Examinations Fee Account that 

12 were collected under section 245(n)(3) shall re13 main available until expended by the Secretary 

14 of Homeland Security for backlog reduction and 

15 clearing security background check delays.’’; 

16 (3) in subsection (o), by striking ‘‘(o) The At17 torney General’’ and inserting the following: 

18 ‘‘(5) ANNUAL FINANCIAL REPORT TO CON19 GRESS.—The Attorney General’’; and 

20 (4) in subsection (p), by striking ‘‘(p) The pro21 visions set forth in subsections (m), (n), and (o) of 

22 this section’’ and inserting the following: 

23 ‘‘(6) APPLICABILITY.—The provisions set forth 

24 in this subsection shall’’. 


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1 SEC. 512. STREAMLINING THE ADJUDICATION PROCESS 

2 FOR ESTABLISHED EMPLOYERS. 

3 Section 214(c) (8. U.S.C. 1184) is amended by add4 ing at the end the following: 

5 ‘‘(15) Not later than 180 days after the date of the 

6 enactment of the STRIVE Act, the Secretary of Homeland 

7 Security shall establish a pre-certification procedure for 

8 employers who file multiple petitions described in this sub9 section or section 203(b). Such precertification procedure 

10 shall enable an employer to avoid repeatedly submitting 

11 documentation that is common to multiple petitions and 

12 establish through a single filing criteria relating to the em13 ployer and the offered employment opportunity.’’. 

14 SEC. 513. PROVIDING PREMIUM PROCESSING OF EMPLOY15 MENT-BASED VISA PETITIONS. 

16 (a) IN GENERAL.—Pursuant to section 286(u) of the 

17 Immigration and Nationality Act (8 U.S.C. 1356(u)), the 

18 Secretary of Homeland Security shall establish and collect 

19 a fee for premium processing of employment-based immi20 grant petitions. 

21 (b) APPEALS.—Pursuant to such section 286(u), the 

22 Secretary of Homeland Security shall establish and collect 

23 a fee for premium processing of an administrative appeal 

24 of any decision on a permanent employment-based immi25 grant petition. 


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1 SEC. 514. ELIMINATING PROCEDURAL DELAYS IN LABOR 

2 CERTIFICATION PROCESS. 

3 (a) PREVAILING WAGE RATE.— 

4 (1) REQUIREMENT TO PROVIDE.—The Sec5 retary of Labor shall provide prevailing wage deter6 minations to employers seeking a labor certification 

7 for aliens pursuant to part 656 of title 20, Code of 

8 Federal Regulations (or any successor regulation). 

9 The Secretary of Labor may not delegate this func10 tion to any agency of a State. 

11 (2) SCHEDULE FOR DETERMINATION.—Except 

12 as provided in paragraph (3), the Secretary of Labor 

13 shall provide a response to an employer’s request for 

14 a prevailing wage determination not later than 20 

15 calendar days after the date the Secretary of Labor 

16 receives such a request. If the Secretary of Labor 

17 fails to reply during such 20-day period, the wage 

18 proposed by the employer shall be the valid pre19 vailing wage rate. 

20 (3) USE OF SURVEYS.—The Secretary of Labor 

21 shall accept an alternative wage survey provided by 

22 the employer unless the Secretary of Labor deter23 mines that the wage component of the Occupational 

24 Employment Statistics Survey is more accurate for 

25 the occupation in the labor market area. 


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1 (b) PLACEMENT OF JOB ORDER.—The Secretary of 

2 Labor shall maintain a website with links to the official 

3 website of each workforce agency of a State, and such offi4 cial website shall contain instructions on the filing of a 

5 job order in order to satisfy the job order requirements 

6 of section 656.17(e)(1) of title 20, Code of Federal Regu7 lations (or any successor regulation). 

8 (c) TECHNICAL CORRECTIONS.—The Secretary of 

9 Labor shall establish a process by which employers seeking 

10 certification under section 212(a)(5) of the Immigration 

11 and Nationality Act (8 U.S.C. 1182(a)(5)), as amended 

12 by section 508(b), may make technical corrections to ap13 plications in order to avoid requiring employers to conduct 

14 additional recruitment to correct an initial technical error. 

15 A technical error shall include any error that would not 

16 have a material effect on the validity of the employer’s 

17 recruitment of able, willing, and qualified United States 

18 workers. 

19 (d) ADMINISTRATIVE APPEALS.—Motions to recon20 sider, and administrative appeals of, a denial of a perma21 nent labor certification application, shall be decided by the 

22 Secretary of Labor not later than 60 days after the date 

23 of the filing of such motion or such appeal. 

24 (e) APPLICATIONS UNDER PREVIOUS SYSTEM.—Not 

25 later than 180 days after the date of the enactment of 


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1 this Act, the Secretary of Labor shall process and issue 

2 decisions on all applications for permanent alien labor cer3 tification that were filed before March 28, 2005. 

4 (f) EFFECTIVE DATE.—This section shall take effect 

5 90 days after the date of the enactment of this Act, wheth6 er or not the Secretary of Labor has amended the regula7 tions under part 656 of title 20, Code of Federal Regula8 tions, to implement such changes. 

9 SEC. 515. VISA REVALIDATION. 

10 (a) IN GENERAL.—Section 222 (8 U.S.C. 1202) is 

11 amended by adding at the end the following: 

12 ‘‘(i) The Secretary of State shall permit an alien 

13 granted a nonimmigrant visa under subparagraph (E), 

14 (H), (I), (L), (O), or (P) of section 101(a)(15) to apply 

15 for a renewal of such visa within the United States if— 

16 ‘‘(1) such visa is valid or did not expire more 

17 than 12 months before the date of such application; 

18 ‘‘(2) the alien is seeking a nonimmigrant visa 

19 under the same subparagraph under which the alien 

20 had previously received a visa; and 

21 ‘‘(3) the alien has complied with the immigra22 tion laws and regulations of the United States.’’. 

23 (b) CONFORMING AMENDMENT.—Section 222(h) of 

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1 graph (1), by inserting ‘‘and except as provided under sub2 section (i),’’ after ‘‘Act’’. 

3 SEC. 516. RELIEF FOR MINOR CHILDREN AND WIDOWS. 

4 (a) IN GENERAL.—Section 201(b)(2) (8 U.S.C. 

5 1151(b)(2)) is amended to read as follows: 

6 ‘‘(2)(A)(i) Aliens admitted under section 211(a) 

7 on the basis of a prior issuance of a visa under sec8 tion 203(a) to their accompanying parent who is an 

9 immediate relative. 

10 ‘‘(ii) In this subparagraph, the term ‘immediate 

11 relative’ means a child, spouse, or parent of a citizen 

12 of the United States (and each child of such child, 

13 spouse, or parent who is accompanying or following 

14 to join the child, spouse, or parent), except that, in 

15 the case of parents, such citizens shall be at least 21 

16 years of age. 

17 ‘‘(iii) An alien who was the spouse of a citizen 

18 of the United States for not less than 2 years at the 

19 time of the citizen’s death or, if married for less 

20 than 2 years at the time of the citizen’s death, 

21 proves by a preponderance of the evidence that the 

22 marriage was entered into in good faith and not 

23 solely for the purpose of obtaining an immigration 

24 benefit and was not legally separated from the cit25 izen at the time of the citizen’s death, and each child 


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1 of such alien, shall be considered, for purposes of 

2 this subsection, to remain an immediate relative 

3 after the date of the citizen’s death if the spouse 

4 files a petition under section 204(a)(1)(A)(ii) before 

5 the earlier of— 

6 ‘‘(I) 2 years after such date; or 

7 ‘‘(II) the date on which the spouse remar8 ries. 

9 ‘‘(iv) In this clause, an alien who has filed a pe10 tition under clause (iii) or (iv) of section 

11 204(a)(1)(A) remains an immediate relative if the 

12 United States citizen spouse or parent loses United 

13 States citizenship on account of the abuse. 

14 ‘‘(B) Aliens born to an alien lawfully admitted 

15 for permanent residence during a temporary visit 

16 abroad.’’. 

17 (b) PETITION.—Section 204(a)(1)(A)(ii) (8 U.S.C. 

18 1154(a)(1)(A)(ii)) is amended by striking ‘‘in the second 

19 sentence of section 201(b)(2)(A)(i) also’’ and inserting ‘‘in 

20 section 201(b)(2)(A)(iii) or an alien child or alien parent 

21 described in the 201(b)(2)(A)(iv)’’. 

22 (c) RETENTION OF IMMEDIATE RELATIVE STA23 TUS.— 

24 (1) IN GENERAL.—In applying clause (iii) of 

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1 tionality Act, as added by subsection (a), to an alien 

2 whose citizen relative died before the date of the en3 actment of this Act, the alien relative, notwith4 standing the deadlines specified in such clause, may 

5 file the classification petition under section 

6 204(a)(1)(A)(ii) of such Act not later than 2 years 

7 after the date of the enactment of this Act. 

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 based 

11 solely upon the alien’s lack of classification as an 

12 immediate relative (as defined by 201(b)(2)(A)(ii) of 

13 the Immigration and Nationality Act) due to the 

14 citizen’s death— 

15 (A) such alien shall be eligible for parole 

16 into the United States pursuant to the Attorney 

17 General’s discretionary authority under section 

18 212(d)(5) of such Act; and 

19 (B) such alien’s application for adjustment 

20 of status shall be considered notwithstanding 

21 section 212(a)(9) of such Act. 

22 (d) ADJUSTMENT OF STATUS.— 

23 (1) IN GENERAL.—Section 245 (8 U.S.C. 

24 1255), as amended by sections 407 and 511, is fur25 ther amended by adding at the end the following: 


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1 ‘‘(o) APPLICATION FOR ADJUSTMENT OF STATUS BY

2 SURVIVING SPOUSES, PARENTS, AND CHILDREN.— 

3 ‘‘(1) IN GENERAL.—Any alien described in 

4 paragraph (2) who applies for adjustment of status 

5 before the death of the qualifying relative, may have 

6 such application adjudicated as if such death had 

7 not occurred. 

8 ‘‘(2) ALIEN DESCRIBED.—An alien described in 

9 this paragraph is an alien who— 

10 ‘‘(A) is an immediate relative (as described 

11 in section 201(b)(2)(A)); 

12 ‘‘(B) is a family-sponsored immigrant (as 

13 described in subsection (a) or (d) of section 

14 203); 

15 ‘‘(C) is a derivative beneficiary of an em16 ployment-based immigrant under section 203(b) 

17 (as described in section 203(d)); or 

18 ‘‘(D) is a derivative beneficiary of a diver19 sity immigrant (as described in section 

20 203(c)).’’. 

21 (2) TRANSITION PERIOD.— 

22 (A) IN GENERAL.—Notwithstanding a de23 nial of an application for adjustment of status 

24 for an alien whose qualifying relative died be25 fore the date of the enactment of this Act, such 


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1 application may be renewed by the alien 

2 through a motion to reopen, without fee, if such 

3 motion is filed not later than 2 years after such 

4 date of enactment. 

5 (B) ELIGIBILITY FOR PAROLE.—If an 

6 alien was excluded, deported, removed or de7 parted voluntarily before the date of the enact8 ment of this Act— 

9 (i) such alien shall be eligible for pa10 role into the United States pursuant to the 

11 Attorney General’s discretionary authority 

12 under section 212(d)(5) of the Immigra13 tion and Nationality Act; and 

14 (ii) such alien’s application for adjust15 ment of status shall be considered notwith16 standing section 212(a)(9) of such Act. 

17 (e) PROCESSING OF IMMIGRANT VISAS.— 

18 (1) IN GENERAL.—Section 204(b) (8 U.S.C. 

19 1154), as amended by section 204(b) of this Act, is 

20 further amended— 

21 (A) by striking ‘‘After an investigation’’ 

22 and inserting the following: 

23 ‘‘(1) IN GENERAL.—After an investigation’’; 

24 and 

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


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1 ‘‘(2) DEATH OF QUALIFYING RELATIVE.— 

2 ‘‘(A) IN GENERAL.—Any alien described in 

3 paragraph (2) whose qualifying relative died be4 fore the completion of immigrant visa proc5 essing may have an immigrant visa application 

6 adjudicated as if such death had not occurred. 

7 An immigrant visa issued before the death of 

8 the qualifying relative shall remain valid after 

9 such death. 

10 ‘‘(B) ALIEN DESCRIBED.—An alien de11 scribed in this paragraph is an alien who— 

12 ‘‘(i) is an immediate relative (as de13 scribed in section 201(b)(2)(A)); 

14 ‘‘(ii) is a family-sponsored immigrant 

15 (as described in subsection (a) or (d) of 

16 section 203); 

17 ‘‘(iii) is a derivative beneficiary of an 

18 employment-based immigrant under section 

19 203(b) (as described in section 203(d)); or 

20 ‘‘(iv) is a derivative beneficiary of a 

21 diversity immigrant (as described in sec22 tion 203(c)).’’. 

23 (2) TRANSITION PERIOD.— 

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1 grant visa for an alien whose qualifying relative 

2 died before the date of the enactment of this 

3 Act, such application may be renewed by the 

4 alien through a motion to reopen, without fee, 

5 if such motion is filed not later than 2 years 

6 after such date of enactment. 

7 (B) INAPPLICABILITY OF BARS.—Notwith8 standing section 212(a)(9) of the Immigration 

9 and Nationality Act (8 U.S.C. 1182(a)(9)), the 

10 Secretary shall consider the application for an 

11 immigrant visa submitted by an alien who was 

12 excluded, deported, removed, or departed volun13 tarily before the date of the enactment of this 

14 Act. 

15 (f) NATURALIZATION.—Section 319(a) (8 U.S.C. 

16 1429(a)) is amended by inserting ‘‘(or, if the spouse is 

17 deceased, the spouse was a citizen of the United States)’’ 

18 after ‘‘citizen of the United States’’. 

19 SEC. 517. RELIEF FOR WIDOWS AND ORPHANS. 

20 (a) 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 adding 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 shall be in writing and shall be granted only 

8 on an individual basis following an investigation. The Sec9 retary shall submit an annual report to Congress on the 

10 number of waivers granted under this paragraph during 

11 the previous fiscal year and a summary of the reasons for 

12 granting such waivers. 

13 ‘‘(5) For purposes of subsection (a)(27)(N)(i)(II), a 

14 determination of age shall be made using the age of the 

15 alien on the date on which the alien was referred to the 

16 consular, immigration, or other designated official. 

17 ‘‘(6) The Secretary of Homeland Security shall waive 

18 any application fee for a special immigrant visa for an 

19 alien described in section 101(a)(27)(N).’’. 

20 (3) EXPEDITED PROCESS.—Not later than 45 

21 days after the date of referral to a consular, immi22 gration, or other designated official (as described in 

23 section 101(a)(27)(N) of the Immigration and Na24 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 into 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 not later than 1 year after the alien’s arrival in 

10 the 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 that 

16 includes— 

17 (A) data related to the implementation of 

18 this section and the amendments made by this 

19 section; 

20 (B) data regarding the number of place21 ments of females and children who faces a cred22 ible fear of harm as referred to in section 

23 101(a)(27)(N) of the Immigration and Nation24 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 (b) REQUIREMENTS FOR ALIENS.— 

8 (1) REQUIREMENT BEFORE 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 cooperate to ensure that each database search 

22 required under subparagraph (A) is completed 

23 not later than 45 days after the date on which 

24 an alien files a petition seeking a special immi25 gration visa under section 101(a)(27)(N) of the 


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1 Immigration and Nationality Act, as added by 

2 subsection (a)(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. 518. SONS AND DAUGHTERS OF FILIPINO WORLD WAR 

10 II VETERANS. 

11 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 

12 by sections 504 and 508, is further amended by adding 

13 at the end the following: 

14 ‘‘(M) Aliens who are eligible for a visa under 

15 paragraph (1) or (3) of section 203(a) and are the 

16 son or daughter of a citizen of the United States 

17 who was naturalized pursuant to section 405 of the 

18 Immigration Act of 1990 (8 U.S.C. 1440 note).’’. 

19 SEC. 519. DETERMINATIONS UNDER THE HAITIAN REFUGEE 

20 IMMIGRATION FAIRNESS ACT OF 1998. 

21 (a) IN GENERAL.—Section 902(d) of the Haitian 

22 Refugee Immigration Fairness Act of 1998 (8 U.S.C. 

23 1255 note) is amended by adding at the end the following: 

24 ‘‘(3) DETERMINATIONS WITH RESPECT TO

25 CHILDREN.— 


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1 ‘‘(A) USE OF APPLICATION FILING

2 DATE.—Determinations made under this sub3 section as to whether an individual is a child of 

4 a parent shall be made using the age and status 

5 of the individual on October 21, 1998. 

6 ‘‘(B) APPLICATION SUBMISSION BY PAR7 ENT.—Notwithstanding paragraph (1)(C), an 

8 application under this subsection filed based on 

9 status as a child may be filed for the benefit of 

10 such child by a parent or guardian of the child, 

11 if the child is physically present in the United 

12 States on such filing date.’’. 

13 (b) NEW APPLICATIONS AND MOTIONS TO RE14 OPEN.— 

15 (1) NEW APPLICATIONS.—Notwithstanding sec16 tion 902(a)(1)(A) of the Haitian Refugee Immigra17 tion Fairness Act of 1998, an alien who is eligible 

18 for adjustment of status under such Act may submit 

19 an application for adjustment of status under such 

20 Act not later than the later of— 

21 (A) 2 years after the date of the enactment 

22 of this Act; or 

23 (B) 1 year after the date on which final 

24 regulations are promulgated to implement this 


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1 section and the amendment made by subsection 

2 (a). 

3 (2) MOTIONS TO REOPEN.—The Secretary shall 

4 establish procedures for the reopening and reconsid5 eration of applications for adjustment of status 

6 under the Haitian Refugee Immigration Fairness 

7 Act of 1998 that are affected by the amendment 

8 made by subsection (a). 

9 (3) RELATIONSHIP OF APPLICATION TO CER10 TAIN ORDERS.—Section 902(a)(3) of the Haitian 

11 Refugee Immigration Fairness Act of 1998 shall 

12 apply to an alien present in the United States who 

13 has been ordered excluded, deported, removed, or or14 dered to depart voluntarily, and who files an applica15 tion under paragraph (1) or a motion under para16 graph (2), in the same manner as such section 

17 902(a)(3) applied to aliens filing applications for ad18 justment of status under such Act prior to April 1, 

19 2000. 

20 (c) INADMISSIBILITY DETERMINATION.—Section 902 

21 of the Haitian Refugee Immigration Fairness Act of 1998 

22 (8 U.S.C. 1255 note) is amended in subsections (a)(1)(B) 

23 and (d)(1)(D) by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 


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1 SEC. 520. S VISAS. 

2 (a) EXPANSION OF S VISA CLASSIFICATION.—Sec3 tion 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is amend4 ed— 

5 (1) in clause (i)— 

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

7 place it appears and inserting ‘‘Secretary of 

8 Homeland Security’’; 

9 (B) in subclause (I), by inserting before 

10 the semicolon, ‘‘, including a criminal enterprise 

11 undertaken by a foreign government, its agents, 

12 representatives, or officials’’; 

13 (C) in subclause (III), by inserting ‘‘if the 

14 information concerns a criminal enterprise un15 dertaken by an individual or organization that 

16 is not a foreign government, its agents, rep17 resentatives, or officials,’’ before ‘‘whose’’; and 

18 (D) by striking ‘‘or’’ at the end; and 

19 (2) in clause (ii)— 

20 (A) by striking ‘‘Attorney General’’ and in21 serting ‘‘Secretary of Homeland Security’’; and 

22 (B) by striking ‘‘1956,’’ and all that fol23 lows through ‘‘the alien;’’ and inserting the fol24 lowing: ‘‘1956; or 

25 ‘‘(iii) the Secretary of Homeland Security 

26 and the Secretary of State, in consultation with 


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1 the Director of Central Intelligence, jointly de2 termine— 

3 ‘‘(I) is in possession of critical reliable 

4 information concerning the activities of 

5 governments or organizations, or their 

6 agents, representatives, or officials, with 

7 respect to weapons of mass destruction 

8 and related delivery systems, if such gov9 ernments or organizations are at risk of 

10 developing, selling, or transferring such 

11 weapons or related delivery systems; and 

12 ‘‘(II) is willing to supply or has sup13 plied, fully and in good faith, information 

14 described in subclause (I) to appropriate 

15 persons within the United States Govern16 ment; and 

17 if the Secretary of Homeland Security (or with 

18 respect to clause (ii), the Secretary of State and 

19 the Secretary of Homeland Security jointly) 

20 considers it to be appropriate, the spouse, chil21 dren, married and unmarried sons and daugh22 ters, and parents of an alien described in clause 

23 (i), (ii), or (iii) if accompanying, or following to 

24 join, the alien;’’. 


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1 (b) NUMERICAL LIMITATION.—Section 214(k)(1) (8 

2 U.S.C. 1184(k)(1)) is amended to read as follows: 

3 ‘‘(1) The number of aliens who may be provided a 

4 visa as nonimmigrants under section 101(a)(15)(S) in any 

5 fiscal year may not exceed 1,000.’’. 

6 (c) REPORTS.— 

7 (1) CONTENT.—Section 214(k)(4) (8 U.S.C. 

8 1184(k)(4)) is amended— 

9 (A) in the matter preceding subparagraph 

10 (A)— 

11 (i) by striking ‘‘Attorney General’’ 

12 and inserting ‘‘Secretary of Homeland Se13 curity’’; and 

14 (ii) by striking ‘‘concerning’’ and in15 serting ‘‘that includes’’; 

16 (B) in subparagraph (D), by striking 

17 ‘‘and’’ at the end; 

18 (C) in subparagraph (E), by striking the 

19 period at the end and inserting ‘‘; and’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(F) if the total number of such nonimmigrants 

22 admitted is fewer than 25 percent of the total num23 ber provided for under paragraph (1)— 

24 ‘‘(i) the reasons for the reduced number of 

25 such nonimmigrants; 


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1 ‘‘(ii) the efforts made by the Secretary of 

2 Homeland Security to admit such non3 immigrants; and 

4 ‘‘(iii) any extenuating circumstances that 

5 contributed to the reduced number of such non6 immigrants.’’. 

7 (2) FORM OF REPORT.—Section 214(k) (8 

8 U.S.C. 1184(k)) is amended by adding at the end 

9 the following: 

10 ‘‘(5) To the extent required by law and if it is 

11 in the interests of national security or the security 

12 of such nonimmigrants that are admitted, as deter13 mined by the Secretary of Homeland Security— 

14 ‘‘(A) the information contained in a report 

15 described in paragraph (4) may be classified; 

16 and 

17 ‘‘(B) the Secretary of Homeland Security 

18 shall, to the extent feasible, submit a non-classi19 fied version of the report to the Committee on 

20 the Judiciary of the House of Representatives 

21 and the Committee on the Judiciary of the Sen22 ate.’’. 

23 SEC. 521. L VISA LIMITATIONS. 

24 Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amend25 ed— 


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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 subparagraph (E), by striking ‘‘In the 

5 case of an alien spouse admitted under section 

6 101(a)(15)(L), who’’ and inserting ‘‘Except as pro7 vided in subparagraph (H), if an alien spouse admit8 ted under section 101(a)(15)(L)’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(G)(i) If the beneficiary of a petition under 

11 this subsection is coming to the United States to 

12 open, or be employed in, a new facility, the petition 

13 may be approved for a period not to exceed 12 

14 months only if the employer operating the new facil15 ity has— 

16 ‘‘(I) a business plan; 

17 ‘‘(II) sufficient physical premises to carry 

18 out the proposed business activities; and 

19 ‘‘(III) the financial ability to commence 

20 doing business immediately upon the approval 

21 of the petition. 

22 ‘‘(ii) An extension of the approval period under 

23 clause (i) may not be granted until the importing 

24 employer submits to the Secretary of Homeland Se25 curity— 


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1 ‘‘(I) evidence that the importing employer 

2 meets the requirements of this subsection; 

3 ‘‘(II) evidence that the beneficiary meets 

4 the requirements of section 101(a)(15)(L); 

5 ‘‘(III) a statement summarizing the origi6 nal petition; 

7 ‘‘(IV) evidence that the importing employer 

8 has fully complied with the business plan sub9 mitted under clause (i); 

10 ‘‘(V) evidence of the truthfulness of any 

11 representations made in connection with the fil12 ing of the original petition; 

13 ‘‘(VI) evidence that the importing em14 ployer, during the previous 12 months, has been 

15 doing business at the new facility through reg16 ular, systematic, and continuous provision of 

17 goods or services, or has otherwise been taking 

18 commercially reasonable steps to establish the 

19 new facility as a commercial enterprise; 

20 ‘‘(VII) a statement of the duties the bene21 ficiary has performed at the new facility during 

22 the preceding 12-month period and the duties 

23 the beneficiary will perform at the new facility 

24 during the extension period approved under this 

25 clause; 


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1 ‘‘(VIII) a statement describing the staffing 

2 at the new facility, including the number of em3 ployees and the types of positions held by such 

4 employees; 

5 ‘‘(IX) evidence of wages paid to employees 

6 if the beneficiary will be employed in a manage7 rial or executive capacity; 

8 ‘‘(X) evidence of the financial status of the 

9 new facility; and 

10 ‘‘(XI) any other evidence or data pre11 scribed by the Secretary. 

12 ‘‘(iii) Notwithstanding subclauses (I) through 

13 (VI) of clause (ii) and subject to the maximum pe14 riod of authorized admission set forth in subpara15 graph (D), the Secretary of Homeland Security may 

16 approve a subsequently filed petition on behalf of the 

17 beneficiary to continue employment at the facility 

18 described in this subsection for a period beyond the 

19 initially granted 12-month period if the importing 

20 employer demonstrates that the failure to satisfy any 

21 of the requirements described in those subclauses 

22 was directly caused by extraordinary circumstances 

23 beyond the control of the importing employer. 

24 ‘‘(H)(i) The Secretary of Homeland Security 

25 may not authorize the spouse of an alien described 


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1 under section 101(a)(15)(L), who is a dependent of 

2 a beneficiary under subparagraph (G), to engage in 

3 employment in the United States during the initial 

4 12-month period described in subparagraph (G)(i). 

5 ‘‘(ii) A spouse described in clause (i) may be 

6 provided employment authorization upon the ap7 proval of an extension under subparagraph (G)(ii). 

8 ‘‘(I) For purposes of determining the eligibility 

9 of an alien for classification under section 

10 101(a)(15)(L), the Secretary of Homeland Security 

11 shall establish a program to work cooperatively with 

12 the Secretary of State to verify a company or facili13 ty’s existence in the United States and abroad.’’. 

14 SEC. 522. ESTABLISHMENT OF NEW FASHION MODEL NON15 IMMIGRANT CLASSIFICATION. 

16 (a) IN GENERAL.— 

17 (1) NEW CLASSIFICATION.—Section 

18 101(a)(15)(O) (8 U.S.C. 1101(a)(15)(O)) is amend19 ed— 

20 (A) in clause (i), by striking ‘‘or’’ at the 

21 end; 

22 (B) in clause (ii), by striking ‘‘or’’ at the 

23 end; 

24 (C) by redesignating clause (iii) as clause 

25 (iv); 


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1 (D) in clause (iv), as redesignated, by 

2 striking ‘‘clause (i) or (ii)’’ and inserting 

3 ‘‘clause (i), (ii), or (iii)’’; and 

4 (E) by inserting after clause (ii) the fol5 lowing: 

6 ‘‘(iii) is a fashion model who is of dis7 tinguished merit and ability and who is 

8 seeking to enter the United States tempo9 rarily to perform fashion modeling services 

10 that involve events or productions which 

11 have a distinguished reputation or that are 

12 performed for an organization or establish13 ment that has a distinguished reputation 

14 for, or a record of, utilizing prominent 

15 modeling talent; or’’. 

16 (2) NUMERICAL LIMITATION.—Section 

17 214(a)(2)(A) (8 U.S.C. 1184(a)(2)(A)) is amended 

18 by adding at the end the following: ‘‘The number of 

19 aliens who may be issued visas or otherwise provided 

20 nonimmigrant status under section 

21 101(a)(15)(O)(iii) in any fiscal year may not exceed 

22 1,000.’’. 

23 (b) ELIMINATION OF H–1B CLASSIFICATION FOR

24 FASHION MODELS.—Section 101(a)(15)(H)(i)(b) (8 

25 U.S.C. 1101(a)(15)(H)(i)(b)) is amended— 


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1 (1) in item (aa), by striking ‘‘or as a fashion 

2 model’’; and 

3 (2) in item (bb), by striking ‘‘or, in the case of 

4 a fashion model, is of distinguished merit and abil5 ity’’. 

6 (c) EFFECTIVE DATES.— 

7 (1) IMPLEMENTATION OF NEW FASHION MODEL

8 NONIMMIGRANT CLASSIFICATION.—Not later than 

9 60 days after the date of the enactment of this Act, 

10 the Secretary shall promulgate regulations to carry 

11 out the amendments made by subsection (a). Noth12 ing in this section shall be construed as preventing 

13 an alien who is a fashion model from obtaining non14 immigrant status under section 101(a)(15)(O)(i) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1101(a)(15)(O)(i)) if such alien is otherwise quali17 fied for such status. 

18 (2) ELIMINATION OF H-1B CLASSIFICATION FOR

19 FASHION MODELS.—The amendments made by sub20 section (b)— 

21 (A) shall apply on the effective date of the 

22 regulations promulgated under paragraph (1); 

23 and 

24 (B) shall not apply to the classification of 

25 an alien under section 101(a)(15)(H)(i)(b) of 


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1 the Immigration and Nationality Act (8 U.S.C. 

2 1101(a)(15)(H)(i)(b)) as a fashion model pur3 suant to a petition for such classification that 

4 was filed before such effective date. 

5 SEC. 523. EB–5 REGIONAL CENTER PROGRAM. 

6 (a) CONCURRENT PROCESSING FOR EMPLOYEMENT

7 CREATION IMMIGRANTS.—Section 245 (8 U.S.C. 1255), 

8 as amended by section 511, is further amended by adding 

9 at the end the following: 

10 ‘‘(o) CONCURRENT PROCESSING FOR EMPLOYEMENT

11 CREATION IMMIGRANTS.—If, at the time an alien fils a 

12 petition for classification under section 203(b)(5), ap13 proval of the petition would make a visa immediately avail14 able to the alien beneficiary, the alien beneficiary’s appli15 cation for adjustment of status under this section shall 

16 be considered properly filed whether submitted concur17 rently with, or subsequent to, such petition.’’. 

18 (b) REGIONAL CENTER DESIGNATION FEES.—Sec19 tion 610 of the Departments of Commerce, Justice, and 

20 State, the Judiciary, and Related Agencies Appropriations 

21 Act, 1993 (8 U.S.C. 1153 note) is amended— 

22 (1) in subsection (b), by striking ‘‘for 15 

23 years’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(e) In addition to any other fees authorized by law, 

2 the Secretary of Homeland Security shall impose a $2,500 

3 fee to apply for designation as a regional center under this 

4 section. Fees collected under this subsection shall be de5 posited in the Treasury in accordance with section 286(w) 

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

7 1356(w)).’’. 

8 (c) IMMIGRANT ENTREPRENEUR REGIONAL CENTER

9 ACCOUNT.— 

10 (1) ESTABLISHMENT.—Section 286 (8 U.S.C. 

11 1356) is amended by adding at the end the fol12 lowing: 

13 ‘‘(y) IMMIGRANT ENTREPRENEUR REGIONAL CEN14 TER ACCOUNT.— 

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

16 general fund of the Treasury a separate account, 

17 which shall be known as the ‘Immigrant Entre18 preneur Regional Center Account’. Notwithstanding 

19 any other provision of law, there shall be deposited 

20 as offsetting receipts into the account all fees col21 lected under section 610(e) of the Departments of 

22 Commerce, Justice, and State, the Judiciary, and 

23 Related Agencies Appropriations Act, 1993 (8 

24 U.S.C. 1153 note). 


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1 ‘‘(2) USE OF FEES.—Fees deposited in the ac2 count established under paragraph (1) may only be 

3 used to carry out the EB–5 immigrant investor pro4 gram.’’. 

5 (2) EFFECTIVE DATE.—The amendment made 

6 by paragraph (1)— 

7 (A) shall take effect on the date on which 

8 regulations are published to carry out this sec9 tion and the amendments made by this section; 

10 and 

11 (B) shall apply to regional center applica12 tions filed on or after such date. 

13 SEC. 524. RETURN OF TALENT PROGRAM. 

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

15 ‘‘Return of Talent Act’’. 

16 (b) ESTABLISHMENT.— 

17 (1) IN GENERAL.—Title III (8 U.S.C. 1401 et 

18 seq.) is amended by inserting after section 317 the 

19 following: 

20 ‘‘SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICI21 PATING IN THE RETURN OF TALENT PRO22 GRAM. 

23 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se24 curity, in consultation with the Secretary of State, shall 

25 establish the Return of Talent Program to permit eligible 


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1 aliens to temporarily return to the alien’s country of citi2 zenship in order to make a material contribution to that 

3 country if the country is engaged in post-conflict or nat4 ural disaster reconstruction activities, for a period not 

5 longer than 2 years, unless an exception is granted under 

6 subsection (d). 

7 ‘‘(b) ELIGIBLE ALIEN.—An alien is eligible to partici8 pate in the Return of Talent Program established under 

9 subsection (a) if the alien meets the special immigrant de10 scription under section 101(a)(27)(N). 

11 ‘‘(c) FAMILY MEMBERS.—The spouse, parents, sib12 lings, and any minor children of an alien who participates 

13 in the Return of Talent Program established under sub14 section (a) may return to such alien’s country of citizen15 ship with the alien and reenter the United States with the 

16 alien. 

17 ‘‘(d) EXTENSION OF TIME.—The Secretary of Home18 land Security may extend the 2-year period referred to in 

19 subsection (a) upon a showing that circumstances warrant 

20 that an extension is necessary for post-conflict or natural 

21 disaster reconstruction efforts. 

22 ‘‘(e) RESIDENCY REQUIREMENTS.—An immigrant 

23 described in section 101(a)(27)(N) who participates in the 

24 Return of Talent Program established under subsection 

25 (a), and the spouse, parents, siblings, and any minor chilVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 dren who accompany such immigrant to that immigrant’s 

2 country of citizenship, shall be considered, during such pe3 riod of participation in the program— 

4 ‘‘(1) for purposes of section 316(a), physically 

5 present and residing in the United States for pur6 poses of naturalization within the meaning of that 

7 section; and 

8 ‘‘(2) for purposes of section 316(b), to meet the 

9 continuous residency requirements in that section. 

10 ‘‘(f) OVERSIGHT AND ENFORCEMENT.—The Sec11 retary of Homeland Security, in consultation with the Sec12 retary of State, shall oversee and enforce the requirements 

13 of this section.’’. 

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 317 the fol17 lowing: 

‘‘317A. Temporary absence of persons participating in the Return of Talent 

Program.’’. 

18 (c) ELIGIBLE IMMIGRANTS.—Section 101(a)(27) (8 

19 U.S.C. 1101(a)(27)) is amended— 

20 (1) in subparagraph (L), by inserting a semi21 colon after ‘‘Improvement Act of 1998’’; 

22 (2) in subparagraph (M), by striking the period 

23 and inserting ‘‘; or’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(N) an immigrant who— 

2 ‘‘(i) has been lawfully admitted to the 

3 United States for permanent residence; 

4 ‘‘(ii) demonstrates an ability and willing5 ness to make a material contribution to the 

6 post-conflict or natural disaster reconstruction 

7 in the alien’s country of citizenship; and 

8 ‘‘(iii) as determined by the Secretary of 

9 State in consultation with the Secretary of 

10 Homeland Security— 

11 ‘‘(I) is a citizen of a country in which 

12 Armed Forces of the United States are en13 gaged, or have engaged in the 10 years 

14 preceding such determination, in combat or 

15 peacekeeping operations; 

16 ‘‘(II) is a citizen of a country where 

17 authorization for United Nations peace18 keeping operations was initiated by the 

19 United Nations Security Council during 

20 the 10 years preceding such determination; 

21 or 

22 ‘‘(III) is a citizen of a country which 

23 received, during the preceding 2 years, 

24 funding from the Office of Foreign Dis25 aster Assistance of the United States 


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1 Agency for International Development in 

2 response to a declared disaster in such 

3 country by the United States Ambassador, 

4 the Chief of the U.S. Mission, or the ap5 propriate Assistant Secretary of State, that 

6 is beyond the ability of such country’s re7 sponse capacity and warrants a response 

8 by the United States Government.’’. 

9 (d) REPORT TO CONGRESS.—Not later than 2 years 

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

11 in consultation with the Secretary of State, shall submit 

12 a report to Congress that describes— 

13 (1) the countries of citizenship of the partici14 pants in the Return of Talent Program established 

15 under section 317A of the Immigration and Nation16 ality Act, as added by subsection (b); 

17 (2) the post-conflict or natural disaster recon18 struction efforts that benefitted, or were made pos19 sible, through participation in the program; and 

20 (3) any other information that the Secretary 

21 determines to be appropriate. 

22 (e) REGULATIONS.—Not later than 6 months after 

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

24 promulgate regulations to carry out this section and the 

25 amendments made by this section. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to United States Citi3 zenship and Immigration Services, such sums as may be 

4 necessary to carry out this section and the amendments 

5 made by this section. 

6 Subtitle B—Preservation of Immi7 gration Benefits for Victims of a 

8 Major Disaster or Emergency 

9 SEC. 531. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Major Disaster and 

11 Emergency Victims Immigration Benefits Preservation 

12 Act’’. 

13 SEC. 532. DEFINITIONS. 

14 In this subtitle: 

15 (1) APPLICATION OF DEFINITIONS FROM THE

16 IMMIGRATION AND NATIONALITY ACT.—Except as 

17 otherwise specifically provided in this subtitle, the 

18 definitions in the Immigration and Nationality Act 

19 shall apply in the administration of this subtitle. 

20 (2) DIRECT RESULT OF A MAJOR DISASTER OR

21 EMERGENCY.—The term ‘‘direct result of a major 

22 disaster or emergency’’— 

23 (A) means physical damage, disruption of 

24 communications or transportation, forced or 

25 voluntary evacuation, business closures, or 


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1 other circumstances directly caused by a major 

2 disaster or emergency; and 

3 (B) does not include collateral or con4 sequential economic effects in or on the United 

5 States or global economies. 

6 (3) EMERGENCY.—The term ‘‘emergency’’ has 

7 the meaning given the term in section 102(1) of the 

8 Robert T. Stafford Disaster Relief and Emergency 

9 Assistance Act (42 U.S.C. 5122(1)). 

10 (4) LAST BUSINESS DAY.—The term ‘‘last busi11 ness day’’ means the last business day preceding a 

12 major disaster or emergency. For purposes of Hurri13 cane Katrina and Hurricane Rita, the last business 

14 day is August 26, 2005. 

15 (5) MAJOR DISASTER.—The term ‘‘major dis16 aster’’ has the meaning given the term in section 

17 102(2) of the Robert T. Stafford Disaster Relief and 

18 Emergency Assistance Act (42 U.S.C. 5122(2)) and 

19 includes Hurricane Katrina and Hurricane Rita. 

20 SEC. 533. SPECIAL IMMIGRANT STATUS. 

21 (a) PROVISION OF STATUS.— 

22 (1) IN GENERAL.—For purposes of the Immi23 gration and Nationality Act (8 U.S.C. 1101 et seq.), 

24 the Secretary may provide an alien described in sub25 section (b) with the status of a special immigrant 


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1 under section 101(a)(27) of such Act (8 U.S.C. 

2 1101(a)(27)) if the alien— 

3 (A) files a petition with the Secretary 

4 under section 204 of such Act (8 U.S.C. 1154) 

5 for classification under section 203(b)(4) of 

6 such Act (8 U.S.C. 1153(b)(4)); 

7 (B) is otherwise eligible to receive an im8 migrant visa; and 

9 (C) is otherwise admissible to the United 

10 States for permanent residence. 

11 (2) INAPPLICABLE PROVISION.—In determining 

12 admissibility under paragraph (1)(C), the grounds 

13 for inadmissibility specified in section 212(a)(4) of 

14 such Act (8 U.S.C. 1182(a)(4)) shall not apply. 

15 (b) ALIENS DESCRIBED.— 

16 (1) PRINCIPAL ALIENS.—An alien is described 

17 in this subsection if— 

18 (A) the alien was the beneficiary of— 

19 (i) a petition that was filed with the 

20 Secretary on or before the last business 

21 day— 

22 (I) under section 204 of the Im23 migration and Nationality Act (8 

24 U.S.C. 1154) to classify the alien as 

25 a family-sponsored immigrant under 


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1 section 203(a) of such Act (8 U.S.C. 

2 1153(a)) or as an employment-based 

3 immigrant under section 203(b) of 

4 such Act (8 U.S.C. 1153(b)); or 

5 (II) under section 214(d) of such 

6 Act (8 U.S.C. 1184(d)) to authorize 

7 the issuance of a nonimmigrant visa 

8 to the alien under section 

9 101(a)(15)(K) of such Act (8 U.S.C. 

10 1101(a)(15)(K)); or 

11 (ii) an application for labor certifi12 cation under section 212(a)(5)(A) of such 

13 Act (8 U.S.C. 1182(a)(5)(A)) that was 

14 filed under regulations of the Secretary of 

15 Labor on or before the last business day; 

16 and 

17 (B) such petition or application was re18 voked or terminated before or after its ap19 proval, solely due to— 

20 (i) the death or disability of the peti21 tioner, applicant, or alien beneficiary as a 

22 direct result of a major disaster or emer23 gency; or 

24 (ii) loss of employment as a direct re25 sult of a major disaster or emergency. 


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1 (2) SPOUSES AND CHILDREN.— 

2 (A) IN GENERAL.—An alien is described in 

3 this subsection if— 

4 (i) the alien, as of the last business 

5 day, was the spouse or child of a principal 

6 alien described in paragraph (1); and 

7 (ii) the alien— 

8 (I) is accompanying such prin9 cipal alien; or 

10 (II) is following to join such prin11 cipal alien within a reasonable period 

12 after a major disaster or emergency, 

13 as determined by the Attorney Gen14 eral. 

15 (B) CONSTRUCTION.— 

16 (i) DEATH DISREGARDED.—In con17 struing the terms ‘‘accompanying’’ and 

18 ‘‘following to join’’ in subparagraph (A)(ii), 

19 the death of a principal alien described in 

20 paragraph (1)(B)(i) shall be disregarded. 

21 (ii) REASONABLE PERIOD.—The rea22 sonable period described in subparagraph 

23 (A)(ii)(II), as applied to Hurricane 

24 Katrina and Hurricane Rita, shall end 90 


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1 days after the date of the enactment of 

2 this Act. 

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 

7 major disaster or emergency, if either of the de8 ceased parents was, as of the last business day, a 

9 citizen or national of the United States or an alien 

10 lawfully admitted for permanent residence in the 

11 United States. 

12 (c) PRIORITY DATE.—Immigrant visas made avail13 able under this section shall be issued to aliens in the 

14 order in which a petition on behalf of each such alien is 

15 filed with the Secretary under subsection (a)(1), except 

16 that if an alien was assigned a priority date with respect 

17 to a petition described in subsection (b)(1)(A)(i), the alien 

18 may maintain that priority date. 

19 (d) NUMERICAL LIMITATIONS.—In applying sections 

20 201 through 203 of the Immigration and Nationality Act 

21 (8 U.S.C. 1151–1153) in any fiscal year, aliens eligible 

22 to be provided status under this section shall be treated 

23 as special immigrants who are not described in subpara24 graph (A), (B), (C), or (K) of section 101(a)(27) of such 

25 Act (8 U.S.C. 1101(a)(27)). 


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1 SEC. 534. 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 the last business day, may, unless oth9 erwise determined by the Secretary in the Sec10 retary’s discretion, lawfully remain in the United 

11 States in the same nonimmigrant status until the 

12 latest of— 

13 (A) the date on which such lawful non14 immigrant status would have otherwise termi15 nated absent the enactment of this subsection; 

16 (B) 1 year after the death or onset of dis17 ability described in paragraph (2); or 

18 (C) 3 months after the date of the enact19 ment of this Act, for victims of Hurricane 

20 Katrina or Hurricane Rita. 

21 (2) ALIENS DESCRIBED.— 

22 (A) PRINCIPAL ALIENS.—An alien is de23 scribed in this paragraph if the alien was dis24 abled as a direct result of a major disaster or 

25 emergency. 


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1 (B) SPOUSES AND CHILDREN.—An alien is 

2 described in this paragraph if the alien, as of 

3 the last business day, was the spouse or child 

4 of— 

5 (i) a principal alien described in sub6 paragraph (A); or 

7 (ii) an alien who died as a direct re8 sult of a major disaster or emergency. 

9 (3) AUTHORIZED EMPLOYMENT.—During the 

10 period in which a principal alien or alien spouse is 

11 in lawful nonimmigrant status under paragraph (1), 

12 the alien may be provided an ‘‘employment author13 ized’’ endorsement or other appropriate document 

14 signifying authorization of employment. 

15 (b) NEW DEADLINES FOR EXTENSION OR CHANGE

16 OF NONIMMIGRANT STATUS.— 

17 (1) FILING DELAYS.— 

18 (A) IN GENERAL.—If an alien, who was 

19 lawfully present in the United States as a non20 immigrant on the last business day, was pre21 vented from filing a timely application for an 

22 extension or change of nonimmigrant status as 

23 a direct result of a major disaster or emer24 gency, the alien’s application may be considered 

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1 riod, as determined by the Secretary, after the 

2 application would have otherwise been due. For 

3 victims of Hurricane Katrina or Hurricane 

4 Rita, this period shall end 3 months after the 

5 date of the enactment of this Act. 

6 (B) CIRCUMSTANCES PREVENTING TIMELY

7 ACTION.—For purposes of subparagraph (A), 

8 circumstances preventing an alien from timely 

9 acting are— 

10 (i) office closures; 

11 (ii) mail or courier service cessations 

12 or delays; 

13 (iii) other closures, cessations, or 

14 delays affecting case processing or travel 

15 necessary to satisfy legal requirements; 

16 (iv) mandatory evacuation and reloca17 tion; or 

18 (v) other circumstances, including 

19 medical problems or financial hardship. 

20 (2) DEPARTURE DELAYS.— 

21 (A) IN GENERAL.—If an alien, who was 

22 lawfully present in the United States as a non23 immigrant on the last business day, is unable to 

24 timely depart the United States as a direct re25 sult of a major disaster or emergency, the alien 


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1 shall not be considered to have been unlawfully 

2 present in the United States during the period 

3 beginning on the last business day, and ending 

4 on the date of the alien’s departure, if such de5 parture occurred within a reasonable period, as 

6 determined by the Secretary. If a victim of 

7 Hurricane Katrina or Hurricane Rita departs 

8 the United States not later than 3 months after 

9 the date of the enactment of this Act, such de10 parture shall be considered to have been within 

11 a reasonable period under this subparagraph. 

12 (B) CIRCUMSTANCES PREVENTING TIMELY

13 ACTION.—For purposes of subparagraph (A), 

14 circumstances preventing an alien from timely 

15 acting are— 

16 (i) office closures; 

17 (ii) transportation cessations or 

18 delays; 

19 (iii) other closures, cessations, or 

20 delays affecting case processing or travel 

21 necessary to satisfy legal requirements; 

22 (iv) mandatory evacuation and reloca23 tion; or 

24 (v) other circumstances, including 

25 medical problems or financial hardship. 


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1 (c) DIVERSITY IMMIGRANTS.—Section 

2 204(a)(1)(I)(ii)(II) (8 U.S.C. 1154(a)(1)(I)(ii)(II)), is 

3 amended to read as follows: 

4 ‘‘(II) An immigrant visa made available under sub5 section 203(c) for fiscal year 1998, or for a subsequent 

6 fiscal year, may be issued, or adjustment of status under 

7 section 245(a) based upon the availability of such visa may 

8 be granted, to an eligible qualified alien who has properly 

9 applied for such visa or adjustment in the fiscal year for 

10 which the alien was selected notwithstanding the end of 

11 such fiscal year. Such visa or adjustment of status shall 

12 be counted against the worldwide level set forth in sub13 section 201(e) for the fiscal year for which the alien was 

14 selected.’’. 

15 (d) EXTENSION OF FILING PERIOD.—If an alien is 

16 unable to timely file an application to register or reregister 

17 for temporary protected status under section 244 of the 

18 Immigration and Nationality Act (8 U.S.C. 1254a) as a 

19 direct result of a major disaster or emergency, the alien’s 

20 application may be considered timely filed if it is filed not 

21 later than 90 days after it otherwise would have been due. 

22 (e) VOLUNTARY DEPARTURE.— 

23 (1) IN GENERAL.—Notwithstanding section 

24 240B of the Immigration and Nationality Act (8 

25 U.S.C. 1229c), if a period for voluntary departure 


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1 under such section expired during the period begin2 ning on the last business day and ending within a 

3 reasonable period, as determined by the Attorney 

4 General, and the alien was unable to voluntarily de5 part before the expiration date as a direct result of 

6 a major disaster or emergency, such voluntary de7 parture period is deemed to have been extended for 

8 an additional 60 days. For purposes of Hurricane 

9 Katrina and Hurricane Rita, the reasonable period 

10 shall be deemed to have ended on December 31, 

11 2005. 

12 (2) CIRCUMSTANCES PREVENTING DEPAR13 TURE.—For purposes of this subsection, cir14 cumstances preventing an alien from voluntarily de15 parting the United States are— 

16 (A) office closures; 

17 (B) transportation cessations or delays; 

18 (C) other closures, cessations, or delays af19 fecting case processing or travel necessary to 

20 satisfy legal requirements; 

21 (D) mandatory evacuation and removal; 

22 and 

23 (E) other circumstances, including medical 

24 problems or financial hardship. 

25 (f) CURRENT NONIMMIGRANT VISA HOLDERS.— 


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1 (1) IN GENERAL.—An alien, who was lawfully 

2 present in the United States on the last business 

3 day, as a nonimmigrant under section 

4 101(a)(15)(H) of the Immigration and Nationality 

5 Act (8 U.S.C. 1101(a)(15)(H)) and lost employment 

6 as a direct result of a major disaster or emergency 

7 may accept new employment upon the filing by a 

8 prospective employer of a new petition on behalf of 

9 such nonimmigrant not later than 1 year after such 

10 major disaster or emergency. For victims of Hurri11 cane Katrina or Hurricane Rita, this period shall be 

12 extended until August 29, 2007. 

13 (2) CONTINUATION OF EMPLOYMENT AUTHOR14 IZATION.—Employment authorization shall continue 

15 for such alien until the new petition is adjudicated. 

16 If the new petition is denied, such employment shall 

17 cease. 

18 (3) SAVINGS PROVISION.—Nothing in this sub19 section shall be construed to limit eligibility for port20 ability under section 214(n) of the Immigration and 

21 Nationality Act (8 U.S.C. 1184(n)). 

22 SEC. 535. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING 

23 SPOUSES AND CHILDREN. 

24 (a) TREATMENT AS IMMEDIATE RELATIVES.— 


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1 (1) SPOUSES.—Notwithstanding the second 

2 sentence of section 201(b)(2)(A)(i) of the Immigra3 tion and Nationality Act (8 U.S.C. 

4 1151(b)(2)(A)(i)), if an alien was the spouse of a 

5 citizen of the United States at the time of the citi6 zen’s death and was not legally separated from the 

7 citizen at the time of the citizen’s death, and the cit8 izen died as a direct result of a major disaster or 

9 emergency, the alien (and each child of the alien) 

10 may be considered, for purposes of section 201(b) of 

11 such Act, to remain an immediate relative after the 

12 date of the citizen’s death if the alien files a petition 

13 under section 204(a)(1)(A)(ii) of such Act not later 

14 than 2 years after such date and only until the date 

15 on which the alien remarries. For purposes of such 

16 section 204(a)(1)(A)(ii), an alien granted relief 

17 under this paragraph shall be considered an alien 

18 spouse described in the second sentence of section 

19 201(b)(2)(A)(i) of such Act. 

20 (2) CHILDREN.— 

21 (A) IN GENERAL.—In the case of an alien 

22 who was the child of a citizen of the United 

23 States at the time of the citizen’s death, if the 

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1 ered, for purposes of section 201(b) of the Im2 migration and Nationality Act (8 U.S.C. 

3 1151(b)), to remain an immediate relative after 

4 the date of the citizen’s death (regardless of 

5 subsequent changes in age or marital status), 

6 but only if the alien files a petition under sub7 paragraph (B) not later than 2 years after such 

8 date. 

9 (B) PETITIONS.—An alien described in 

10 subparagraph (A) may file a petition with the 

11 Secretary for classification of the alien under 

12 section 201(b)(2)(A)(i) of the Immigration and 

13 Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), 

14 which shall be considered a petition filed under 

15 section 204(a)(1)(A) of such Act (8 U.S.C. 

16 1154(a)(1)(A)). 

17 (b) SPOUSES, CHILDREN, UNMARRIED SONS AND

18 DAUGHTERS OF LAWFUL PERMANENT RESIDENT

19 ALIENS.— 

20 (1) IN GENERAL.—Any spouse, child, or unmar21 ried son or daughter of an alien described in para22 graph (3) who is included in a petition for classifica23 tion as a family-sponsored immigrant under section 

24 203(a)(2) of the Immigration and Nationality Act (8 

25 U.S.C. 1153(a)(2)), which was filed by such alien 


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1 before the last business day, may be considered (if 

2 the spouse, child, son, or daughter has not been ad3 mitted or approved for lawful permanent residence 

4 by such date) a valid petitioner for preference status 

5 under such section with the same priority date as 

6 that assigned before the death described in para7 graph (3)(A). No new petition shall be required to 

8 be filed. Such spouse, child, son, or daughter may be 

9 eligible for deferred action and work authorization. 

10 (2) SELF-PETITIONS.—Any spouse, child, or 

11 unmarried son or daughter of an alien described in 

12 paragraph (3) who is not a beneficiary of a petition 

13 for classification as a family-sponsored immigrant 

14 under section 203(a)(2) of the Immigration and Na15 tionality Act may file a petition for such classifica16 tion with the Secretary, if the spouse, child, son, or 

17 daughter was present in the United States on the 

18 last business day. Such spouse, child, son, or daugh19 ter may be eligible for deferred action and work au20 thorization. 

21 (3) ALIENS DESCRIBED.—An alien is described 

22 in this paragraph if the alien— 

23 (A) died as a direct result of a major dis24 aster or emergency; and 


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1 (B) on the day of such death, was lawfully 

2 admitted for permanent residence in the United 

3 States. 

4 (c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY

5 SURVIVING SPOUSES AND CHILDREN OF EMPLOYMENT6 BASED IMMIGRANTS.— 

7 (1) IN GENERAL.—Any alien who was, on the 

8 last business day, the spouse or child of an alien de9 scribed in paragraph (2), and who applied for ad10 justment of status before the death described in 

11 paragraph (2)(A), may have such application adju12 dicated as if such death had not occurred. 

13 (2) ALIENS DESCRIBED.—An alien is described 

14 in this paragraph if the alien— 

15 (A) died as a direct result of a major dis16 aster or emergency; and 

17 (B) on the day before such death, was— 

18 (i) an alien lawfully admitted for per19 manent residence in the United States by 

20 reason of having been allotted a visa under 

21 section 203(b) of the Immigration and Na22 tionality Act (8 U.S.C. 1153(b)); or 

23 (ii) an applicant for adjustment of 

24 status to that of an alien described in 


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1 clause (i), and admissible to the United 

2 States for permanent residence. 

3 (d) APPLICATIONS BY SURVIVING SPOUSES AND

4 CHILDREN OF REFUGEES AND ASYLEES.— 

5 (1) IN GENERAL.—Any alien who, on the last 

6 business day, was the spouse or child of an alien de7 scribed in paragraph (2), may have his or her eligi8 bility to be admitted under section 207(c)(2)(A) or 

9 208(b)(3)(A) of the Immigration and Nationality 

10 Act (8 U.S.C. 1157(c)(2)(A), 1158(b)(3)(A)) consid11 ered as if the alien’s death had not occurred. 

12 (2) ALIENS DESCRIBED.—An alien is described 

13 in this paragraph if the alien— 

14 (A) died as a direct result of a major dis15 aster or emergency; and 

16 (B) on the day before such death, was— 

17 (i) an alien admitted as a refugee 

18 under section 207 of the Immigration and 

19 Nationality Act (8 U.S.C. 1157); or 

20 (ii) granted asylum under section 208 

21 of such Act (8 U.S.C. 1158). 

22 (e) WAIVER OF PUBLIC CHARGE GROUNDS.—In de23 termining the admissibility of any alien accorded an immi24 gration benefit under this section, the grounds for inad25 missibility specified in section 212(a)(4) of the ImmigraVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 tion and Nationality Act (8 U.S.C. 1182(a)(4)) shall not 

2 apply. 

3 SEC. 536. RECIPIENT OF PUBLIC BENEFITS. 

4 An alien shall not be inadmissible under section 

5 212(a)(4) of the Immigration and Nationality Act (8 

6 U.S.C. 1182(a)(4)) or deportable under section 237(a)(5) 

7 of such Act (8 U.S.C. 1227(a)(5)) on the basis that the 

8 alien received any public benefit as a direct result of a 

9 major disaster or emergency. 

10 SEC. 537. AGE-OUT PROTECTION. 

11 In administering the immigration laws, the Secretary 

12 and the Attorney General may grant any application or 

13 benefit notwithstanding the applicant or beneficiary (in14 cluding a derivative beneficiary of the applicant or bene15 ficiary) reaching an age that would render the alien ineli16 gible for the benefit sought, if the alien’s failure to meet 

17 the age requirement occurred as a direct result of a major 

18 disaster or emergency. 

19 SEC. 538. EMPLOYMENT ELIGIBILITY VERIFICATION. 

20 (a) IN GENERAL.—The Secretary may suspend or 

21 modify any requirement under section 274A(b) of the Im22 migration and Nationality Act (8 U.S.C. 1324a(b)) or 

23 subtitle A of title IV of the Illegal Immigration Reform 

24 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

25 1324a note), either generally or with respect to particular 


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1 persons, class of persons, geographic areas, or economic 

2 sectors, to the extent to which the Secretary determines 

3 necessary or appropriate to respond to major disasters or 

4 emergencies. 

5 (b) NOTIFICATION.—If the Secretary suspends or 

6 modifies any requirement under section 274A(b) of the 

7 Immigration and Nationality Act pursuant to subsection 

8 (a), the Secretary shall send notice of such decision, in9 cluding the reasons for the suspension or modification, 

10 to— 

11 (1) the Committee on the Judiciary of the Sen12 ate; and 

13 (2) the Committee on the Judiciary of the 

14 House of Representatives. 

15 (c) SUNSET DATE.—The authority under subsection 

16 (a) shall expire on August 26, 2008. 

17 SEC. 539. NATURALIZATION. 

18 The Secretary may, with respect to applicants for 

19 naturalization in any district of the United States Citizen20 ship and Immigration Services affected by a major dis21 aster or emergency, administer the provisions of Title III 

22 of the Immigration and Nationality Act (8 U.S.C. 1401 

23 et seq.) notwithstanding any provision of such title relat24 ing to the jurisdiction of an eligible court to administer 

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1 tained or any action to be taken in any specific district 

2 or State within the United States. 

3 SEC. 540. DISCRETIONARY AUTHORITY. 

4 The Secretary or the Attorney General may waive vio5 lations of the immigration laws committed by an alien— 

6 (1) who was in lawful status on the last busi7 ness day; and 

8 (2) whose failure to comply with the immigra9 tion laws— 

10 (A) was a direct result of a major disaster 

11 or emergency; 

12 (B) occurred within a period to be deter13 mined by the Attorney General; and 

14 (C) for the victims of Hurricane Katrina 

15 or Hurricane Rita, occurred on or before March 

16 1, 2006. 

17 SEC. 541. EVIDENTIARY STANDARDS AND REGULATIONS. 

18 The Secretary shall establish appropriate evidentiary 

19 standards for demonstrating, for purposes of this subtitle, 

20 that a major disaster or emergency directly resulted in— 

21 (1) death; 

22 (2) disability; or 

23 (3) loss of employment due to physical damage 

24 to, or destruction of, a business. 


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1 SEC. 542. 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 major disaster or emergency. Such docu6 ments shall be acceptable for identification purposes under 

7 any Federal law until 1 year after the relevant major dis8 aster or emergency. For victims of Hurricane Katrina or 

9 Hurricane Rita, such documents shall be valid until Au10 gust 29, 2007. 

11 (b) ISSUANCE.—An agency may not issue identity 

12 documents under this section after January 1, 2006. 

13 (c) NO COMPULSION TO ACCEPT OR CARRY IDENTI14 FICATION DOCUMENTS.—Nationals of the United States 

15 shall not be compelled to accept or carry documents issued 

16 under this section. 

17 (d) NO PROOF OF CITIZENSHIP.—Identity docu18 ments issued under this section shall not constitute proof 

19 of citizenship or immigration status. 

20 SEC. 543. WAIVER OF REGULATIONS. 

21 The Secretary shall carry out the provisions of this 

22 subtitle as expeditiously as possible. The Secretary is not 

23 required to promulgate regulations before implementing 

24 this subtitle. The requirements of chapter 5 of title 5, 

25 United States Code (commonly referred to as the ‘‘Admin26 istrative Procedure Act’’) or any other law relating to rule 


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1 making, information collection, or publication in the Fed2 eral Register, shall not apply to any action to implement 

3 this subtitle to the extent the Secretary, the Secretary of 

4 Labor, or the Secretary of State determine that compli5 ance with such requirement would impede the expeditious 

6 implementation of such Act. 

7 SEC. 544. NOTICES OF CHANGE OF ADDRESS. 

8 (a) IN GENERAL.—If a notice of change of address 

9 otherwise required to be submitted to the Secretary by an 

10 alien described in subsection (b) relates to a change of 

11 address occurring during the period beginning on the last 

12 business day, and ending on a date to be determined by 

13 the Secretary, the alien may submit such notice. For vic14 tims of Hurricane Katrina or Hurricane Rita, such period 

15 shall end on the date of the enactment of this Act. 

16 (b) ALIENS DESCRIBED.—An alien is described in 

17 this subsection if the alien— 

18 (1) resided, on the last business day, within a 

19 district of the United States that was declared by 

20 the President to be affected by a major disaster or 

21 emergency; and 

22 (2) is required, under section 265 of the Immi23 gration and Nationality Act (8 U.S.C. 1305) or any 

24 other provision of law, to notify the Secretary in 

25 writing of a change of address. 


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1 SEC. 545. FOREIGN STUDENTS AND EXCHANGE PROGRAM 

2 PARTICIPANTS. 

3 (a) IN GENERAL.—The nonimmigrant status of an 

4 alien described in subsection (b) shall be deemed to have 

5 been maintained during the period beginning on the last 

6 business day, and ending on a date to be determined by 

7 the Attorney General, if on such later date, the alien is 

8 enrolled in a course of study, or participating in a des9 ignated exchange visitor program, sufficient to satisfy the 

10 terms and conditions of the alien’s nonimmigrant status 

11 on the last business day. For victims of Hurricane Katrina 

12 or Hurricane Rita, the relevant period shall be deemed to 

13 have ended on September 15, 2006. 

14 (b) ALIENS DESCRIBED.—An alien is described in 

15 this subsection if the alien— 

16 (1) was, on the last business day, lawfully 

17 present in the United States in the status of a non18 immigrant described in subparagraph (F), (J), or 

19 (M) of section 101(a)(15) of the Immigration and 

20 Nationality Act (8 U.S.C. 1101(a)(15)); and 

21 (2) fails to satisfy a term or condition of such 

22 status as a direct result of a major disaster or emer23 gency. 


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1 TITLE VI—LEGALIZATION OF 

2 UNDOCUMENTED INDIVIDUALS 

3 Subtitle A—Conditional 

4 Nonimmigrants 

5 SEC. 601. CONDITIONAL NONIMMIGRANTS. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, including section 244(h) of the Immigration 

8 and Nationality Act (8 U.S.C. 1254a(h)), the Secretary 

9 may classify an alien as a conditional nonimmigrant or 

10 conditional nonimmigrant dependent if the alien— 

11 (1) submits an application for such classifica12 tion; and 

13 (2) meets the requirements of this section. 

14 (b) PRESENCE IN THE UNITED STATES.— 

15 (1) IN GENERAL.—The alien shall establish 

16 that the alien— 

17 (A) was present in the United States be18 fore June 1, 2006; 

19 (B) has been continuously present in the 

20 United States since the date described in sub21 paragraph (A); and 

22 (C) was not legally present in the United 

23 States on that date under any classification de24 scribed in section 101(a)(15) of the Immigra25 tion and Nationality Act (8 U.S.C. 


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1 1101(a)(15)) or any other nonimmigrant status 

2 made available under a treaty or other multi3 national agreement that has been ratified by 

4 the Senate. 

5 (2) CONTINUOUS PRESENCE.—For purposes of 

6 this subsection, an absence from the United States 

7 without authorization for a continuous period of 

8 more than 180 days between June 1, 2006, and the 

9 beginning of the application period for classification 

10 as a conditional nonimmigrant shall constitute a 

11 break in continuous physical presence. 

12 (c) CONDITIONAL NONIMMIGRANT DEPENDENTS.— 

13 Notwithstanding any other provision of law, the Secretary 

14 shall classify the spouse or child of a conditional non15 immigrant as a conditional nonimmigrant dependent, or 

16 provide the spouse or child with a conditional non17 immigrant dependent visa if— 

18 (1) the spouse or child meets the applicable eli19 gibility requirements under this section; or 

20 (2) the alien was, before the date on which this 

21 Act was introduced in Congress, the spouse or child 

22 of an alien who was subsequently classified as a con23 ditional nonimmigrant under this section, or is eligi24 ble for such classification, if— 


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1 (A) the termination of the relationship 

2 with such spouse or parent was connected to 

3 domestic violence; and 

4 (B) the spouse or child has been battered 

5 or subjected to extreme cruelty by the spouse or 

6 parent who is a conditional nonimmigrant. 

7 (d) OTHER CRITERIA.— 

8 (1) IN GENERAL.—An alien may be classified as 

9 a conditional nonimmigrant or conditional non10 immigrant dependent if the Secretary determines 

11 that the alien— 

12 (A) is not inadmissible to the United 

13 States under section 212(a) of the Immigration 

14 and Nationality Act (8 U.S.C. 1182(a)), except 

15 as provided in paragraph (2); 

16 (B) has not ordered, incited, assisted, or 

17 otherwise participated in the persecution of any 

18 person on account of race, religion, nationality, 

19 membership in a particular social group, or po20 litical opinion; and 

21 (C) is not an alien— 

22 (i) who has been convicted by final 

23 judgment of a particularly serious crime 

24 and constitutes a danger to the community 

25 of the United States; 


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1 (ii) for whom there are reasonable 

2 grounds for believing that the alien has 

3 committed a particularly serious crime out4 side the United States before arriving in 

5 the United States; or 

6 (iii) for whom there are reasonable 

7 grounds for regarding the alien as a dan8 ger to the security of the United States; 

9 and 

10 (D) has been convicted of a felony or 3 or 

11 more misdemeanors under Federal or State law. 

12 (2) GROUNDS OF INADMISSIBILITY.—In deter13 mining an alien’s admissibility under paragraph 

14 (1)(A)— 

15 (A) paragraphs (5), (6) (excluding sub16 paragraph (E)), (7), (9), and (10)(B) of section 

17 212(a) of such Act shall not apply; 

18 (B) the Secretary may not waive— 

19 (i) subparagraph (A), (B), (C), 

20 (D)(ii), (E), (G), (H), or (I) of section 

21 212(a)(2) of such Act (relating to crimi22 nals); 

23 (ii) section 212(a)(3) of such Act (re24 lating to security and related grounds); or 


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1 (iii) subparagraph (A), (C), or (D) of 

2 section 212(a)(10) of such Act (relating to 

3 polygamists and child abductors); 

4 (C) the Secretary may waive the applica5 tion of any provision of section 212(a) of such 

6 Act not listed in subparagraph (B) on behalf of 

7 an individual alien for humanitarian purposes, 

8 to ensure family unity, or if such waiver is oth9 erwise in the public interest; and 

10 (D) nothing in this paragraph shall be con11 strued as affecting the authority of the Sec12 retary other than under this paragraph to waive 

13 the provisions of section 212(a) of such Act. 

14 (3) APPLICABILITY OF OTHER PROVISIONS.— 

15 Sections 240B(d) and 241(a)(5) of the Immigration 

16 and Nationality Act (8 U.S.C. 1229c(d) and 

17 1231(a)(5)) shall not apply to an alien who is apply18 ing for classification under this section for conduct 

19 that occurred before the date on which this Act was 

20 introduced in Congress. 

21 (e) ATTESTATION OF EMPLOYMENT.—The Secretary 

22 may not classify an alien as a conditional nonimmigrant 

23 unless the alien— 

24 (1) attests, under penalty of perjury, that the 

25 alien— 


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1 (A) was employed full time, part time, or 

2 seasonally in the United States or was self-em3 ployed before June 1, 2006, and has been em4 ployed in the United States since that date; or 

5 (B) was otherwise physically present before 

6 June 1, 2006, under the limitations described 

7 in subsections (b) and (c) of section 602; and 

8 (2) submits evidence that the Secretary deter9 mines to be necessary to establish prima facie evi10 dence of employment or physical presence in the 

11 United States. 

12 (f) SECURITY AND LAW ENFORCEMENT BACK13 GROUND CHECKS.— 

14 (1) SUBMISSION OF FINGERPRINTS.—The Sec15 retary may not classify an alien as a conditional 

16 nonimmigrant or a conditional nonimmigrant de17 pendent unless the alien submits fingerprints in ac18 cordance with procedures established by the Sec19 retary. 

20 (2) BACKGROUND CHECKS.—The Secretary 

21 shall utilize fingerprints and other biometric data 

22 provided by the alien to conduct a background check 

23 of such alien to search for criminal, national secu24 rity, or other law enforcement actions that would 


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1 render the alien ineligible for classification under 

2 this section. 

3 (3) EXPEDITIOUS PROCESSING.—The back4 ground checks required under paragraph (2) shall be 

5 conducted as expeditiously as possible. 

6 (g) PERIOD OF AUTHORIZED STAY; APPLICATION

7 FEE AND FINE.— 

8 (1) PERIOD OF AUTHORIZED STAY.— 

9 (A) IN GENERAL.—Except as provided 

10 under subparagraph (C), the period of author11 ized stay for a conditional nonimmigrant or a 

12 conditional nonimmigrant dependent shall be 6 

13 years from the date on which such status is 

14 conferred. 

15 (B) LIMITATION.—The Secretary may not 

16 adjust or change the status of a conditional 

17 nonimmigrant or a conditional nonimmigrant 

18 dependent to any other immigrant or non19 immigrant classification until the termination of 

20 the 6-year period described in subparagraph 

21 (A). 

22 (C) EXTENSION.—The Secretary may only 

23 extend the period described in subparagraph 

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1 cation for adjustment of status under section 

2 602. 

3 (2) APPLICATION FEE AND FINES.— 

4 (A) APPLICATION FEE.—The Secretary 

5 shall impose a fee for filing an application 

6 under this section. Such fee shall be sufficient 

7 to cover the administrative and other expenses 

8 incurred in connection with the review of such 

9 applications. 

10 (B) FINES.— 

11 (i) IN GENERAL.—Except as provided 

12 under clause (ii), an alien filing an applica13 tion under this section shall submit to the 

14 Secretary, in addition to the fee required 

15 under subparagraph (A), a fine of $500. 

16 (ii) EXCEPTION.—An alien who is 

17 younger than 21 years of age shall not be 

18 required to pay a fine under this para19 graph. 

20 (C) DISPOSITION OF FEES AND FINES.— 

21 (i) FEES.—Fees collected under this 

22 paragraph shall be deposited into the Im23 migration Examination Fee Account and 

24 remain available as provided under sub25 sections (m) and (n) of section 286. 


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1 (ii) FINES.—Fines collected under 

2 this paragraph shall be deposited into the 

3 New Worker Program and Conditional 

4 Nonimmigrant Fee Account established 

5 under section 286(w). 

6 (h) TREATMENT OF APPLICANTS.— 

7 (1) IN GENERAL.—An alien who files an appli8 cation under this section to become a conditional 

9 nonimmigrant or a conditional nonimmigrant de10 pendent— 

11 (A) shall be granted employment author12 ization pending final adjudication of the alien’s 

13 application; 

14 (B) shall be granted permission to travel 

15 abroad; 

16 (C) may not be detained for immigration 

17 purposes, determined inadmissible or deport18 able, or removed pending final adjudication of 

19 the alien’s application, unless the alien, due to 

20 conduct or criminal conviction, becomes ineli21 gible for conditional nonimmigrant classifica22 tion; and 

23 (D) may not be considered an unauthor24 ized alien (as defined in section 274A(h)(3) of 

25 the Immigration and Nationality Act (8 U.S.C. 


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1 1324a(h)(3))) until employment authorization 

2 under subparagraph (A) is denied. 

3 (2) DOCUMENT OF AUTHORIZATION.—The Sec4 retary shall provide each alien described in para5 graph (1) with a counterfeit-resistant document of 

6 authorization that— 

7 (A) meets all current requirements estab8 lished by the Secretary for travel documents, in9 cluding the requirements under section 403 of 

10 the Illegal Immigration Reform and Immigrant 

11 Responsibility Act of 1996 (8 U.S.C. 1324a 

12 note); and 

13 (B) reflects the benefits and status set 

14 forth in paragraph (1). 

15 (3) BEFORE APPLICATION PERIOD.—If an alien 

16 is apprehended between the date of the enactment of 

17 this Act and the date on which regulations are pro18 mulgated to implement this section, and the alien 

19 can establish prima facie eligibility as a conditional 

20 nonimmigrant or a conditional nonimmigrant de21 pendent, the Secretary shall provide the alien with a 

22 reasonable opportunity to file an application under 

23 this section after such regulations are promulgated. 

24 (4) DURING CERTAIN PROCEEDINGS.—Notwith25 standing any provision of the Immigration and NaVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 tionality Act, if an immigration judge determines 

2 that an alien who is in removal proceedings has 

3 made a prima facie case of eligibility for classifica4 tion as a conditional nonimmigrant or a conditional 

5 nonimmigrant dependent, the judge shall adminis6 tratively close such proceedings and permit the alien 

7 a reasonable opportunity to apply for such classifica8 tion. 

9 (5) RELATIONSHIPS OF APPLICATION TO CER10 TAIN ORDERS.— 

11 (A) IN GENERAL.—An alien who is present 

12 in the United States and has been ordered ex13 cluded, deported, removed, or ordered to depart 

14 voluntarily from the United States under any 

15 provision of the Immigration and Nationality 

16 Act— 

17 (i) notwithstanding such order, may 

18 apply for classification as a conditional 

19 nonimmigrant or conditional nonimmigrant 

20 dependent under this subtitle; and 

21 (ii) shall not be required to file a sep22 arate motion to reopen, reconsider, or va23 cate the exclusion, deportation, removal, or 

24 voluntary departure order. 


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1 (B) APPLICATION GRANTED.—If the Sec2 retary grants the application described in sub3 paragraph (A)(i), the Secretary shall cancel the 

4 order described in subparagraph (A). 

5 (C) APPLICATION DENIED.—If the Sec6 retary renders a final administrative decision to 

7 deny the application described in subparagraph 

8 (A)(i), the order described in subparagraph (A) 

9 shall be effective and enforceable to the same 

10 extent as if the application had not been made. 

11 (i) CLASSIFICATION.—If the Secretary determines 

12 that an alien is eligible for classification as a conditional 

13 nonimmigrant or conditional nonimmigrant dependent, 

14 the alien shall be entitled to all benefits described in sub15 section (h)(1). The Secretary may authorize the use of a 

16 document described in subsection (h)(2) as evidence of 

17 such classification or may issue additional documentation 

18 as evidence of classification as a conditional nonimmigrant 

19 or conditional nonimmigrant dependent. 

20 (j) TERMINATION OF BENEFITS.— 

21 (1) IN GENERAL.—Any benefit provided to an 

22 alien seeking classification as a conditional non23 immigrant or conditional nonimmigrant dependent, 

24 or who is classified as such, under this section shall 

25 terminate if— 


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1 (A) the Secretary determines that the alien 

2 is ineligible for such classification and all review 

3 procedures under section 603 have been ex4 hausted or waived by the alien; 

5 (B) the alien is found removable from the 

6 United States under section 237 of the Immi7 gration and Nationality Act (8 U.S.C. 1227); 

8 (C) the alien has used documentation 

9 issued under this section for unlawful or fraud10 ulent purposes; or 

11 (D) in the case of the spouse or child of 

12 an alien applying for classification as a condi13 tional nonimmigrant or classified as a condi14 tional nonimmigrant under this section, the 

15 benefits for the principal alien are terminated. 

16 (k) DISSEMINATION OF INFORMATION ON CONDI17 TIONAL NONIMMIGRANT PROGRAM.—During the 12- 

18 month period immediately after the issuance of regula19 tions implementing this section, the Secretary, in coopera20 tion with entities approved by the Secretary, shall broadly 

21 disseminate information respecting conditional non22 immigrant or conditional nonimmigrant dependent classi23 fication under this section and the requirements to be sat24 isfied to obtain such classification. The Secretary shall dis25 seminate information to employers and labor unions to adVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 vise them of the rights and protections available to them 

2 and to workers who file applications under this section. 

3 Such information shall be broadly disseminated, in the 

4 principal languages, as determined by the Secretary, spo5 ken by aliens who would qualify for classification under 

6 this section, including to television, radio, and print media 

7 to which such aliens would have access. 

8 SEC. 602. ADJUSTMENT OF STATUS FOR CONDITIONAL 

9 NONIMMIGRANTS. 

10 (a) REQUIREMENTS.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law, including section 244(h) of the Im13 migration and Nationality Act (8 U.S.C. 1254a(h)), 

14 the Secretary may adjust the status of a conditional 

15 nonimmigrant or a conditional nonimmigrant de16 pendent to that of an alien lawfully admitted for 

17 permanent residence if the conditional nonimmigrant 

18 or conditional nonimmigrant dependent satisfies the 

19 applicable requirements under this subsection. 

20 (2) COMPLETION OF EMPLOYMENT OR EDU21 CATION REQUIREMENT.—A conditional non22 immigrant applying for adjustment of status under 

23 this section shall establish that during the 6-year pe24 riod immediately preceding the application for ad25 justment of status, he or she— 


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1 (A) has been employed full-time, part-time, 

2 or seasonally in the United States; 

3 (B) has been self-employed in the United 

4 States; or 

5 (C) has met the education requirements 

6 under subsection (c). 

7 (3) EVIDENCE OF EMPLOYMENT.— 

8 (A) CONCLUSIVE DOCUMENTS.—An alien 

9 may conclusively establish employment status in 

10 compliance with paragraph (2) by submitting 

11 records to the Secretary that demonstrate such 

12 employment, and have been maintained by the 

13 Social Security Administration, the Internal 

14 Revenue Service, or any other Federal, State, 

15 or local government agency. 

16 (B) OTHER DOCUMENTS.—An alien who is 

17 unable to submit a document described in sub18 paragraph (A) may satisfy the requirement 

19 under paragraph (1) by submitting to the Sec20 retary at least 2 other types of reliable docu21 ments that provide evidence of employment, in22 cluding— 

23 (i) bank records; 

24 (ii) business records; 

25 (iii) employer records; 


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1 (iv) records of a labor union, day 

2 labor center, or organization that assists 

3 workers in employment; 

4 (v) sworn affidavits from nonrelatives 

5 who have direct knowledge of the alien’s 

6 work, that contain— 

7 (I) the name, address, and tele8 phone number of the affiant; 

9 (II) the nature and duration of 

10 the relationship between the affiant 

11 and the alien; and 

12 (III) other verification or infor13 mation; and 

14 (vi) remittance records. 

15 (C) ADDITIONAL DOCUMENTS AND RE16 STRICTIONS.—The Secretary may— 

17 (i) designate additional documents to 

18 evidence employment in the United States; 

19 and 

20 (ii) set such terms and conditions on 

21 the use of affidavits as is necessary to 

22 verify and confirm the identity of any affi23 ant or otherwise prevent fraudulent sub24 missions. 


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1 (4) SENSE OF CONGRESS.—It is the sense of 

2 the Congress that the requirement under this sub3 section should be interpreted and implemented in a 

4 manner that recognizes and takes into account the 

5 difficulties encountered by aliens in obtaining evi6 dence of employment due to the undocumented sta7 tus of the alien. 

8 (5) BURDEN OF PROOF.—An alien described in 

9 paragraph (1) who is applying for adjustment of sta10 tus under this section shall prove, by a preponder11 ance of the evidence, that the alien has satisfied the 

12 requirements of this subsection. An alien may meet 

13 such burden of proof by producing sufficient evi14 dence to demonstrate such employment as a matter 

15 of reasonable inference. 

16 (6) PORTABILITY.—An alien shall not be re17 quired to complete the employment requirements 

18 under this section with a single employer. 

19 (b) EXCEPTIONS AND SPECIAL RULES.— 

20 (1) EXCEPTIONS BASED ON AGE.—The employ21 ment requirements under this section shall not 

22 apply— 

23 (A) to any alien who is classified as a con24 ditional nonimmigrant dependent who was 


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1 younger than 21 years of age on the date of the 

2 enactment of this Act; or 

3 (B) to any alien who is 65 years of age or 

4 older on the date of the enactment of this Act. 

5 (2) DISABILITIES; PREGNANCY.—The employ6 ment requirements under this section shall be re7 duced for an alien who cannot demonstrate employ8 ment based on a physical or mental disability (as de9 fined under section 3(2) of the Americans with Dis10 abilities Act of 1990 (42 U.S.C. 12102(2)) or as a 

11 result of pregnancy if such condition is evidenced by 

12 the submission of documentation prescribed by the 

13 Secretary. 

14 (c) APPLICATION PROCEDURE AND FEE.— 

15 (1) IN GENERAL.—The Secretary shall promul16 gate regulations establishing procedures for submit17 ting an application for adjustment of status under 

18 this section. The Secretary shall impose a fee for fil19 ing an application for adjustment of status under 

20 this section which shall be sufficient to cover the ad21 ministrative and other expenses incurred in connec22 tion with the review of such applications. 

23 (2) FINES.— 

24 (A) IN GENERAL.—Except as provided 

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1 plication for adjustment of status under this 

2 section shall pay a $1500 fine to the Secretary, 

3 in addition to the fee required under paragraph 

4 (1). 

5 (B) EXCEPTION.—An alien who is classi6 fied as a conditional nonimmigrant dependent 

7 who was under 21 years of age on the date of 

8 enactment of this Act shall not be required to 

9 pay a fine under this paragraph. 

10 (3) STATE IMPACT ASSISTANCE FEE.— 

11 (A) IN GENERAL.—In addition to any 

12 other amounts required to be paid under this 

13 subsection, a conditional nonimmigrant shall 

14 submit a State impact assistance fee equal to 

15 $500 with the application for adjustment filed 

16 under this section. 

17 (B) USE OF FEE.—Fees collected under 

18 subparagraph (A) shall be deposited in the 

19 State Impact Assistance Account and shall re20 main available under 286(x) of the Immigration 

21 and Nationality Act. 

22 (4) DEPOSIT OF FEES.—Fees collected under 

23 this paragraph shall be deposited into the Immigra24 tion Examination Fee Account and shall remain 

25 available as provided under subsections (m) and (n) 


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1 of section 286 of the Immigration and Nationality 

2 Act (8 U.S.C. 1356). 

3 (5) DEPOSIT OF FINES.—Fines collected under 

4 this paragraph shall be deposited into the New 

5 Worker Program and Conditional Nonimmigrant 

6 Fee Account and shall remain available as provided 

7 under section 286(w) of the Immigration and Na8 tionality Act. 

9 (d) ADMISSIBLE UNDER IMMIGRATION LAWS.—A 

10 conditional nonimmigrant or conditional nonimmigrant 

11 dependent applying for adjustment of status under this 

12 section shall establish that he or she is not inadmissible 

13 under section 212(a), except for any provision under that 

14 section that is not applicable or waived under paragraph 

15 (2) or (3) of section 601(d). For purposes of an applica16 tion filed under this section, any prior waiver of inadmis17 sibility granted to an alien under section 601(d)(2(C) shall 

18 remain in effect with respect to the specific conduct con19 sidered by the Secretary at the time of classification under 

20 section 601. 

21 (e) LEGAL REENTRY.— 

22 (1) IN GENERAL.—A conditional nonimmigrant 

23 applying for adjustment of status under this section 

24 shall physically depart the United States and after 

25 such departure, be admitted to the United States as 


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1 a conditional nonimmigrant or applicant for condi2 tional nonimmigrant status, as evidenced by docu3 mentation issued by the Secretary. A record of such 

4 admission shall be created by the Secretary through 

5 the US–VISIT exit and entry system, or any other 

6 system maintained by the Secretary to create a 

7 record of a lawful entry. 

8 (2) DEPARTURE AND REENTRY.—A conditional 

9 nonimmigrant seeking to establish lawful admission 

10 under paragraph (1)(B) may seek admission to the 

11 United States at any port of entry at which the US– 

12 VISIT exit and entry system, or any other system 

13 maintained by the Secretary to record lawful admis14 sion, is in operation. Departure and subsequent law15 ful admission to the United States shall occur not 

16 later than 90 days before the conditional non17 immigrant files an application for adjustment to 

18 lawful permanent resident status under this section. 

19 (3) EXEMPTIONS.—Paragraph (2) shall not 

20 apply to an alien who, on the date on which the ap21 plication for adjustment of status is filed under this 

22 section— 

23 (A) has served in the Armed Forces of the 

24 United States; 


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1 (B) has a son or daughter who has served 

2 or is serving in the Armed Forces of the United 

3 States; 

4 (C) has a pending or approved application 

5 under section 244 of the Immigration and Na6 tionality Act (8 U.S.C. 1254a), the Nicaraguan 

7 Adjustment and Central American Relief Act 

8 (Public Law 105–100), or the Haitian Refugee 

9 Immigration Fairness Act of 1998 (Public Law 

10 105–277); 

11 (D) is at least 65 years of age; 

12 (E) is younger than 21 years of age; 

13 (F) suffers from an ongoing physical or 

14 mental disability (as defined in section 3(2) of 

15 the Americans with Disabilities Act of 1990 (42 

16 U.S.C. 12102)); 

17 (G) is a single parent head of household; 

18 or 

19 (H) cannot comply with such paragraph 

20 due to extreme hardship to the alien or an im21 mediate family member, as determined by the 

22 Secretary. 

23 (4) FAILURE TO ESTABLISH LAWFUL ADMIS24 SION TO THE UNITED STATES.—Unless exempted 

25 under paragraph (3), a conditional nonimmigrant 


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1 who fails to depart and reenter the United States in 

2 accordance with paragraph (1) may not become a 

3 lawful permanent resident under this section. 

4 (f) MEDICAL EXAMINATION.—A conditional non5 immigrant or a conditional nonimmigrant dependent shall 

6 undergo an appropriate medical examination (including a 

7 determination of immunization status) that conforms to 

8 generally accepted professional standards of medical prac9 tice. 

10 (g) PAYMENT OF INCOME TAXES.— 

11 (1) IN GENERAL.—Not later than the date on 

12 which status is adjusted under this section, a condi13 tional nonimmigrant or conditional nonimmigrant 

14 dependent shall satisfy any applicable Federal tax li15 ability by establishing that— 

16 (A) no such tax liability exists; 

17 (B) all outstanding liabilities have been 

18 paid; or 

19 (C) the conditional nonimmigrant has en20 tered into, and is in compliance with, an agree21 ment for payment of all outstanding liabilities 

22 with the Internal Revenue Service. 

23 (2) APPLICABLE FEDERAL TAX LIABILITY.— 

24 For purposes of paragraph (1), the term ‘‘applicable 

25 Federal tax liability’’ means liability for Federal 


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1 taxes, including penalties and interest, owed for any 

2 year during the period of employment required 

3 under subsection (a)(2) for which the statutory pe4 riod for assessment of any deficiency for such taxes 

5 has not expired. 

6 (3) IRS COOPERATION.—The Secretary of the 

7 Treasury shall establish rules and procedures under 

8 which the Commissioner of Internal Revenue shall 

9 provide documentation to— 

10 (A) a conditional nonimmigrant or condi11 tional nonimmigrant dependent, upon request, 

12 to establish the payment of all taxes required 

13 under this subsection; or 

14 (B) the Secretary, upon request, regarding 

15 the payment of Federal taxes by an alien apply16 ing for a benefit under this section. 

17 (4) COMPLIANCE.—The alien may satisfy proof 

18 of compliance with this subsection by submitting 

19 documentation that establishes that— 

20 (A) no such tax liability exists; 

21 (B) all outstanding liabilities have been 

22 met; or 

23 (C) the alien has entered into, and is in 

24 compliance with, an agreement for payment of 


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1 all outstanding liabilities with the Internal Rev2 enue Service. 

3 (h) BASIC CITIZENSHIP SKILLS.— 

4 (1) IN GENERAL.—Except as provided under 

5 paragraph (2), a conditional nonimmigrant or condi6 tional nonimmigrant dependent shall establish that 

7 he or she— 

8 (A) meets the requirements under section 

9 312 of the Immigration and Nationality Act (8 

10 U.S.C. 1423); or 

11 (B) is satisfactorily pursuing a course of 

12 study to achieve such an understanding of 

13 English and knowledge and understanding of 

14 the history and Government of the United 

15 States. 

16 (2) RELATION TO NATURALIZATION EXAMINA17 TION.—A conditional nonimmigrant or conditional 

18 nonimmigrant dependent who demonstrates that he 

19 or she meets the requirements under such section 

20 312 may be considered to have satisfied the require21 ments of that section for purposes of becoming natu22 ralized as a citizen of the United States under title 

23 III of the Immigration and Nationality Act (8 

24 U.S.C. 1401 et seq.). 

25 (3) EXCEPTIONS.— 


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1 (A) MANDATORY.—Paragraph (1) shall 

2 not apply to any person who is unable to com3 ply with those requirements because of a phys4 ical or developmental disability or mental im5 pairment as described in section 312(b)(1) of 

6 the Immigration and Nationality Act. 

7 (B) DISCRETIONARY.—The Secretary may 

8 waive all or part of paragraph (1) for a condi9 tional nonimmigrant who is at least 65 years of 

10 age on the date on which an application is filed 

11 for adjustment of status under this section. 

12 (i) SECURITY AND LAW ENFORCEMENT BACK13 GROUND CHECKS.—The Secretary shall conduct a secu14 rity and law enforcement background check in accordance 

15 with procedures described in section 601(f). 

16 (j) MILITARY SELECTIVE SERVICE.—If a conditional 

17 nonimmigrant or conditional nonimmigrant dependent is 

18 within the age period required under the Military Selective 

19 Service Act (50 U.S.C. App. 451 et seq.), the conditional 

20 nonimmigrant shall establish proof of registration under 

21 that Act. 

22 (k) TREATMENT OF CONDITIONAL NONIMMIGRANT

23 DEPENDENTS.— 


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1 (1) ADJUSTMENT OF STATUS.—Notwith2 standing any other provision of law, the Secretary 

3 may— 

4 (A) adjust the status of a conditional non5 immigrant dependent to that of a person admit6 ted for lawful permanent residence if the prin7 cipal conditional nonimmigrant spouse or par8 ent has been found eligible for adjustment of 

9 status under this section; 

10 (B) adjust the status of a conditional non11 immigrant dependent who was the spouse or 

12 child of an alien who was classified as a condi13 tional nonimmigrant or was eligible for such 

14 classification under section 601, to that of a 

15 person admitted for permanent residence if— 

16 (i) the termination of the relationship 

17 with such spouse or parent was connected 

18 to domestic violence; and 

19 (ii) the spouse or child has been bat20 tered or subjected to extreme cruelty by 

21 the spouse or parent. 

22 (2) APPLICATION OF OTHER LAW.—In proc23 essing applications under this subsection on behalf 

24 of aliens who have been battered or subjected to ex25 treme cruelty, the Secretary shall apply— 


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1 (A) the provisions under section 

2 204(a)(1)(J) of the Immigration and Nation3 ality Act (8 U.S.C. 1154(a)(1)(J)); and 

4 (B) the protections, prohibitions, and pen5 alties under section 384 of the Illegal Immigra6 tion Reform and Immigrant Responsibility Act 

7 of 1996 (8 U.S.C. 1367). 

8 (l) BACK OF THE LINE.—An alien may not adjust 

9 status to that of a lawful permanent resident status under 

10 the Development, Relief, and Education for Alien Minors 

11 Act of 2007 until that earlier of— 

12 (1) 30 days after an immigrant visa becomes 

13 available for petitions filed under sections 201, 202, 

14 and 203 that were filed before the date of enactment 

15 of the STRIVE Act of 2007; or 

16 (2) 8 years after the enactment of the Develop17 ment, Relief, and Education for Alien Minors Act of 

18 2007. 

19 (m) INELIGIBILITY FOR PUBLIC BENEFITS.—For 

20 purposes of section 403 of the Personal Responsibility and 

21 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

22 1613), an alien whose status has been adjusted under this 

23 section shall not be eligible for any Federal means-tested 

24 public benefit unless the alien meets the alien eligibility 


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1 criteria for such benefit under title IV of such Act (8 

2 U.S.C. 1601 et seq.). 

3 SEC. 603. ADMINISTRATIVE AND JUDICIAL REVIEW. 

4 (a) ADMINISTRATIVE REVIEW.— 

5 (1) SINGLE LEVEL OF ADMINISTRATIVE APPEL6 LATE REVIEW.—The Secretary shall establish an ap7 pellate review process within United States Citizen8 ship and Immigration Services to provide for a sin9 gle level of administrative appellate review of a final 

10 determination respecting an application for classi11 fication or adjustment of status under this subtitle. 

12 (2) STANDARD FOR REVIEW.—Administrative 

13 appellate review under paragraph (1) shall be based 

14 solely upon the administrative record established at 

15 the time of the determination on the application and 

16 upon the presentation of additional or newly discov17 ered evidence during the time of the pending appeal. 

18 (b) JUDICIAL REVIEW.— 

19 (1) IN GENERAL.—The circuit courts of appeal 

20 of the United States shall have jurisdiction to review 

21 the denial of an application for classification or ad22 justment of status under this subtitle. Notwith23 standing any other provision of law, the standard for 

24 review of such a denial shall be governed by para25 graph (2). 


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1 (2) STANDARD FOR JUDICIAL REVIEW.—Judi2 cial review of a denial of an application under this 

3 subtitle shall be based solely upon the administrative 

4 record established at the time of the review. The 

5 findings of fact and other determinations contained 

6 in the record shall be conclusive unless the applicant 

7 can establish abuse of discretion or findings that are 

8 directly contrary to clear and convincing facts con9 tained in the record, considered as a whole. 

10 (3) JURISDICTION OF COURTS.— 

11 (A) IN GENERAL.—Notwithstanding any 

12 other provision of law, the district courts of the 

13 United States shall have jurisdiction over any 

14 cause or claim arising from a pattern or prac15 tice of the Secretary in the operation or imple16 mentation of this subtitle that is arbitrary, ca17 pricious, or otherwise contrary to law, and may 

18 order any appropriate relief. 

19 (B) REMEDIES.—A district court may 

20 order any appropriate relief under subpara21 graph (A) if the court determines that— 

22 (i) resolution of such cause or claim 

23 will serve judicial and administrative effi24 ciency; or 


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1 (ii) a remedy would otherwise not be 

2 reasonably available or practicable. 

3 (c) STAY OF REMOVAL.—An alien seeking adminis4 trative or judicial review under this section may not be 

5 removed from the United States until a final decision is 

6 rendered establishing that the alien is ineligible for classi7 fication or adjustment of status under this subtitle unless 

8 such removal is based on criminal or national security 

9 grounds. 

10 SEC. 604. MANDATORY DISCLOSURE OF INFORMATION. 

11 (a) MANDATORY DISCLOSURE.—The Secretary and 

12 the Secretary of State shall provide a duly recognized law 

13 enforcement entity that submits a written request with the 

14 information furnished pursuant to an application filed 

15 under this subtitle, and any other information derived 

16 from such furnished information, in connection with a 

17 criminal investigation or prosecution or a national security 

18 investigation or prosecution, of an individual suspect or 

19 group of suspects. 

20 (b) LIMITATIONS.—Except as otherwise provided 

21 under this section, no Federal agency, or any officer, em22 ployee, or agent of such agency, may— 

23 (1) use the information furnished by the appli24 cant pursuant to an application for benefits under 


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1 this subtitle for any purpose other than to make a 

2 determination on the application; 

3 (2) make any publication through which the in4 formation furnished by any particular applicant can 

5 be identified; or 

6 (3) permit anyone other than the sworn officers 

7 and employees of such agency to examine individual 

8 applications. 

9 (c) CRIMINAL PENALTY.—Any person who knowingly 

10 uses, publishes, or permits information to be examined in 

11 violation of this section shall be fined not more than 

12 $10,000. 

13 SEC. 605. PENALTIES FOR FALSE STATEMENTS IN APPLICA14 TIONS. 

15 (a) CRIMINAL PENALTY.— 

16 (1) VIOLATION.—It shall be unlawful for any 

17 person— 

18 (A) to file, or assist in filing, an applica19 tion for benefits under this subtitle; and 

20 (i) to knowingly and willfully falsify, 

21 misrepresent, conceal, or cover up a mate22 rial fact; 

23 (ii) to make any false, fictitious, or 

24 fraudulent statements or representations; 

25 or 


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1 (iii) to make or use any false writing 

2 or document knowing the same to contain 

3 any false, fictitious, or fraudulent state4 ment or entry; or 

5 (B) to create or supply a false writing or 

6 document for use in making such an applica7 tion. 

8 (2) PENALTY.—Any person who violates para9 graph (1) shall be fined in accordance with title 18, 

10 United States Code, imprisoned not more than 5 

11 years, or both. 

12 (b) INADMISSIBILITY.—An alien who is convicted of 

13 violating subsection (a) shall be considered to be inadmis14 sible to the United States on the ground described in sec15 tion 212(a)(6)(C)(i) of the Immigration and Nationality 

16 Act (8 U.S.C. 1182(a)(6)(C)(i)). 

17 (c) EXCEPTION.—Notwithstanding subsections (a) 

18 and (b), any alien or other entity (including an employer 

19 or union) that submits an employment record that con20 tains incorrect data used by the alien to obtain such em21 ployment, shall not, on that ground, be determined to have 

22 violated this section. 


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1 SEC. 606. ALIENS NOT SUBJECT TO DIRECT NUMERICAL 

2 LIMITATIONS. 

3 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 

4 by title V, is further amended— 

5 (1) in subparagraph (A), by striking ‘‘subpara6 graph (A) or (B) of’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(N) Aliens whose status is adjusted from that 

9 of a conditional nonimmigrant or conditional non10 immigrant dependent.’’. 

11 SEC. 607. EMPLOYER PROTECTIONS. 

12 (a) IMMIGRATION STATUS OF ALIEN.—Employers of 

13 aliens applying for conditional nonimmigrant or condi14 tional nonimmigrant dependent classification or adjust15 ment of status under section 601 or 602 shall not be sub16 ject to civil and criminal tax liability relating directly to 

17 the employment of such alien before receiving employment 

18 authorization under this subtitle. 

19 (b) PROVISION OF EMPLOYMENT RECORDS.—Em20 ployers that provide unauthorized aliens with copies of em21 ployment records or other evidence of employment pursu22 ant to an application for conditional nonimmigrant or con23 ditional nonimmigrant dependent classification or adjust24 ment of status under section 601 or 602 or any other ap25 plication or petition pursuant to any other immigration 

26 law, shall not be subject to civil and criminal liability 


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1 under section 274A of the Immigration and Nationality 

2 Act (8 U.S.C. 1324a) for employing such unauthorized 

3 aliens. 

4 (c) APPLICABILITY OF OTHER LAW.—Nothing in this 

5 section may be used to shield an employer from liability 

6 under section 274B of the Immigration and Nationality 

7 Act (8 U.S.C. 1324b) or any other labor or employment 

8 law. 

9 SEC. 608. LIMITATIONS ON ELIGIBILITY. 

10 (a) IN GENERAL.—An alien is not ineligible for any 

11 immigration benefit under any provision of this title, or 

12 any amendment made by this title, solely on the basis that 

13 the alien violated section 1543, 1544, or 1546 of title 18, 

14 United States Code, or any amendments made by this Act, 

15 during the period beginning on the date of the enactment 

16 of this Act and ending on the date on which the alien ap17 plies for any benefits under this title. 

18 (b) PROSECUTION.—An alien who commits a viola19 tion of section 1543, 1544, or 1546 of such title or any 

20 amendments made by this Act, during the period begin21 ning on the date of the enactment of this Act and ending 

22 on the date that the alien applies for eligibility for such 

23 benefit may be prosecuted for the violation if the alien’s 

24 application for such benefit is denied. 


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1 SEC. 609. RULEMAKING. 

2 The Secretary shall promulgate regulations regarding 

3 the timely filing and processing of applications for benefits 

4 under this subtitle. 

5 SEC. 610. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There are authorized to be appro7 priated to the Secretary such sums as may be necessary 

8 to carry out this subtitle and the amendments made by 

9 this subtitle. 

10 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

11 pursuant to subsection (a) shall remain available until ex12 pended. 

13 (c) SENSE OF CONGRESS.—It is the sense of the Con14 gress that funds authorized to be appropriated under sub15 section (a) should be directly appropriated so as to facili16 tate the orderly and timely commencement of the proc17 essing of applications filed under sections 601 and 602. 

18 Subtitle B—DREAM Act of 2007 

19 SEC. 621. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Development, Re21 lief, and Education for Alien Minors Act of 2007’’ or the 

22 ‘‘DREAM Act of 2007’’. 

23 SEC. 622. DEFINITIONS. 

24 In this subtitle: 

25 (1) INSTITUTION OF HIGHER EDUCATION.—The 

26 term ‘‘institution of higher education’’ has the 


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1 meaning given that term in section 101 of the High2 er Education Act of 1965 (20 U.S.C. 1001). 

3 (2) UNIFORMED SERVICES.—The term ‘‘uni4 formed services’’ has the meaning given that term in 

5 section 101(a) of title 10, United States Code. 

6 SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE 

7 RESIDENCY FOR PURPOSES OF HIGHER EDU8 CATION BENEFITS. 

9 (a) IN GENERAL.—Section 505 of the Illegal Immi10 gration Reform and Immigrant Responsibility Act of 1996 

11 (8 U.S.C. 1623) is repealed. 

12 (b) EFFECTIVE DATE.—The repeal under subsection 

13 (a) shall take effect as if included in the enactment of the 

14 Illegal Immigration Reform and Immigrant Responsibility 

15 Act of 1996 (division C of Public Law 104–208; 110 Stat. 

16 3009–546). 

17 SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT 

18 OF STATUS OF CERTAIN LONG-TERM RESI19 DENTS WHO ENTERED THE UNITED STATES 

20 AS CHILDREN. 

21 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI22 DENTS WHO ENTERED THE UNITED STATES AS CHIL23 DREN.— 

24 (1) IN GENERAL.—Notwithstanding any other 

25 provision of law and except as otherwise provided in 


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1 this subtitle, the Secretary may cancel removal of, 

2 and adjust to the status of an alien lawfully admit3 ted for permanent residence, subject to the condi4 tional basis described in section 625, an alien who 

5 is inadmissible or deportable from the United States, 

6 if the alien demonstrates that— 

7 (A) the alien has been physically present in 

8 the United States for a continuous period of 

9 not less than 5 years immediately preceding the 

10 date of enactment of this Act, and had not yet 

11 reached the age of 16 years at the time of ini12 tial entry; 

13 (B) the alien has been a person of good 

14 moral character since the time of application; 

15 (C) the alien— 

16 (i) is not inadmissible under para17 graph (2), (3), (6)(E), or (10)(C) of sec18 tion 212(a) of the Immigration and Na19 tionality Act (8 U.S.C. 1182(a)); and 

20 (ii) is not deportable under paragraph 

21 (1)(E), (2), or (4) of section 237(a) of the 

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

23 1227(a)); 

24 (D) the alien, at the time of application, 

25 has been admitted to an institution of higher 


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1 education in the United States, or has earned 

2 a high school diploma or obtained a general 

3 education development certificate in the United 

4 States; and 

5 (E) the alien has never been under a final 

6 administrative or judicial order of exclusion, de7 portation, or removal, unless the alien— 

8 (i) has remained in the United States 

9 under color of law after such order was 

10 issued; or 

11 (ii) received the order before attaining 

12 the age of 16 years. 

13 (2) WAIVER.—Notwithstanding paragraph (1), 

14 the Secretary may waive the ground of ineligibility 

15 under section 212(a)(6)(E) of the Immigration and 

16 Nationality Act and the ground of deportability 

17 under paragraph (1)(E) of section 237(a) of that 

18 Act for humanitarian purposes or family unity or 

19 when it is otherwise in the public interest. 

20 (3) PROCEDURES.—The Secretary shall provide 

21 a procedure by regulation allowing eligible individ22 uals to apply affirmatively for the relief available 

23 under this subsection without being placed in re24 moval proceedings. 


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1 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

2 purposes of this section, any period of continuous resi3 dence or continuous physical presence in the United States 

4 of an alien who applies for cancellation of removal under 

5 this section shall not terminate when the alien is served 

6 a notice to appear under section 239(a) of the Immigra7 tion and Nationality Act (8 U.S.C. 1229(a)). 

8 (c) TREATMENT OF CERTAIN BREAKS IN PRES9 ENCE.— 

10 (1) IN GENERAL.—An alien shall be considered 

11 to have failed to maintain continuous physical pres12 ence in the United States under subsection (a) if the 

13 alien has departed from the United States for any 

14 period in excess of 90 days or for any periods in the 

15 aggregate exceeding 180 days. 

16 (2) EXTENSIONS FOR EXCEPTIONAL CIR17 CUMSTANCES.—The Secretary may extend the time 

18 periods described in paragraph (1) if the alien dem19 onstrates that the failure to timely return to the 

20 United States was due to exceptional circumstances. 

21 The exceptional circumstances determined sufficient 

22 to justify an extension should be no less compelling 

23 than serious illness of the alien, or death or serious 

24 illness of a parent, grandparent, sibling, or child. 


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1 (d) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

2 Nothing in this section may be construed to apply a nu3 merical limitation on the number of aliens who may be 

4 eligible for cancellation of removal or adjustment of status 

5 under this section. 

6 (e) RULEMAKING.— 

7 (1) PROPOSED REGULATIONS.—Not later than 

8 180 days after the date of enactment of this Act, the 

9 Secretary shall publish regulations implementing this 

10 section. Such regulations shall be effective imme11 diately on an interim basis, but are subject to 

12 change and revision after public notice and oppor13 tunity for a period for public comment. 

14 (2) INTERIM, FINAL REGULATIONS.—Within a 

15 reasonable time after publication of the interim reg16 ulations in accordance with paragraph (1), the Sec17 retary shall publish final regulations implementing 

18 this section. 

19 (f) REMOVAL OF ALIEN.—The Secretary may not re20 move any alien who has a pending application for condi21 tional status under this subtitle. 

22 SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS. 

23 (a) IN GENERAL.— 

24 (1) CONDITIONAL BASIS FOR STATUS.—Not25 withstanding any other provision of law, and except 


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1 as provided in section 626, an alien whose status has 

2 been adjusted under section 624 to that of an alien 

3 lawfully admitted for permanent residence shall be 

4 considered to have obtained such status on a condi5 tional basis subject to the provisions of this section. 

6 Such conditional permanent resident status shall be 

7 valid for a period of 6 years, subject to termination 

8 under subsection (b). 

9 (2) NOTICE OF REQUIREMENTS.— 

10 (A) AT TIME OF OBTAINING PERMANENT

11 RESIDENCE.—At the time an alien obtains per12 manent resident status on a conditional basis 

13 under paragraph (1), the Secretary shall pro14 vide for notice to the alien regarding the provi15 sions of this section and the requirements of 

16 subsection (c) to have the conditional basis of 

17 such status removed. 

18 (B) EFFECT OF FAILURE TO PROVIDE NO19 TICE.—The failure of the Secretary to provide 

20 a notice under this paragraph— 

21 (i) shall not affect the enforcement of 

22 the provisions of this Act with respect to 

23 the alien; and 

24 (ii) shall not give rise to any private 

25 right of action by the alien. 


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1 (b) TERMINATION OF STATUS.— 

2 (1) IN GENERAL.—The Secretary shall termi3 nate the conditional permanent resident status of 

4 any alien who obtained such status under this sub5 title, if the Secretary determines that the alien— 

6 (A) ceases to meet the requirements of 

7 subparagraph (B) or (C) of section 624(a)(1); 

8 (B) has become a public charge; or 

9 (C) has received a dishonorable or other 

10 than honorable discharge from the uniformed 

11 services. 

12 (2) RETURN TO PREVIOUS IMMIGRATION STA13 TUS.—Any alien whose conditional permanent resi14 dent status is terminated under paragraph (1) shall 

15 return to the immigration status the alien had im16 mediately prior to receiving conditional permanent 

17 resident status under this subtitle. 

18 (c) REQUIREMENTS OF TIMELY PETITION FOR RE19 MOVAL OF CONDITION.— 

20 (1) IN GENERAL.—In order for the conditional 

21 basis of permanent resident status obtained by an 

22 alien under subsection (a) to be removed, the alien 

23 shall file with the Secretary, in accordance with 

24 paragraph (3), a petition which— 


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1 (A) requests the removal of such condi2 tional basis; and 

3 (B) provides, under penalty of perjury, the 

4 facts and information needed by the Secretary 

5 to make the determination described in para6 graph (2)(A). 

7 (2) ADJUDICATION OF PETITION TO REMOVE

8 CONDITION.— 

9 (A) IN GENERAL.—If a petition is filed in 

10 accordance with paragraph (1) for an alien, the 

11 Secretary shall make a determination as to 

12 whether the alien meets the requirements set 

13 forth in subparagraphs (A) through (E) of sub14 section (d)(1). 

15 (B) REMOVAL OF CONDITIONAL BASIS IF

16 FAVORABLE DETERMINATION.—If the Secretary 

17 determines that the alien meets such require18 ments, the Secretary shall notify the alien of 

19 such determination and immediately remove the 

20 conditional basis of the status of the alien. 

21 (C) TERMINATION IF ADVERSE DETER22 MINATION.—If the Secretary determines that 

23 the alien does not meet such requirements, the 

24 Secretary shall notify the alien of such deter25 mination and terminate the conditional permaVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 nent resident status of the alien as of the date 

2 of the determination. 

3 (3) TIME TO FILE PETITION.— 

4 (A) IN GENERAL.—An alien may petition 

5 to remove the conditional basis to lawful resi6 dent status during the period beginning 180 

7 days before and ending 2 years after the date 

8 that is 6 years after— 

9 (i) the date of the granting of condi10 tional permanent resident status; or 

11 (ii) any other expiration date of the 

12 conditional permanent resident status as 

13 extended by the Secretary in accordance 

14 with this subtitle. 

15 (B) STATUS.—The alien shall be deemed 

16 in conditional permanent resident status in the 

17 United States during the period in which a peti18 tion under subparagraph (A) is pending. 

19 (d) DETAILS OF PETITION.— 

20 (1) CONTENTS OF PETITION.—Each petition 

21 for an alien under subsection (c)(1) shall contain in22 formation to permit the Secretary to determine 

23 whether each of the following requirements is met: 

24 (A) The alien has demonstrated good 

25 moral character during the entire period the 


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1 alien has been a conditional permanent resi2 dent. 

3 (B) The alien is in compliance with section 

4 624(a)(1)(C). 

5 (C) The alien has not abandoned the 

6 alien’s residence in the United States. The Sec7 retary shall presume that the alien has aban8 doned such residence if the alien is absent from 

9 the United States for more than 365 days, in 

10 the aggregate, during the period of conditional 

11 residence, unless the alien demonstrates that 

12 the alien has not abandoned the alien’s resi13 dence. An alien who is absent from the United 

14 States due to active service in the uniformed 

15 services has not abandoned the alien’s residence 

16 in the United States during the period of such 

17 service. 

18 (D) The alien has completed at least 1 of 

19 the following: 

20 (i) The alien has acquired a degree 

21 from an institution of higher education in 

22 the United States or has completed at 

23 least 2 years, in good standing, in a pro24 gram for a bachelor’s degree or higher de25 gree in the United States. 


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1 (ii) The alien has served in the uni2 formed services for at least 2 years and, if 

3 discharged, has received an honorable dis4 charge. 

5 (E) The alien has provided a list of each 

6 secondary school (as that term is defined in sec7 tion 9101 of the Elementary and Secondary 

8 Education Act of 1965 (20 U.S.C. 7801)) that 

9 the alien attended in the United States. 

10 (2) HARDSHIP EXCEPTION.— 

11 (A) IN GENERAL.—The Secretary may re12 move the conditional status of an alien if the 

13 alien— 

14 (i) satisfies the requirements of sub15 paragraphs (A), (B), and (C) of paragraph 

16 (1); 

17 (ii) demonstrates compelling cir18 cumstances for the inability to complete 

19 the requirements described in paragraph 

20 (1)(D); and 

21 (iii) demonstrates that the alien’s re22 moval from the United States would result 

23 in exceptional and extremely unusual hard24 ship to the alien or the alien’s spouse, parVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 ent, or child who is a citizen or a lawful 

2 permanent resident of the United States. 

3 (B) EXTENSION.—Upon a showing of good 

4 cause, the Secretary may extend the period of 

5 conditional resident status for the purpose of 

6 completing the requirements described in para7 graph (1)(D). 

8 (e) TREATMENT OF PERIOD FOR PURPOSES OF NAT9 URALIZATION.—For purposes of title III of the Immigra10 tion and Nationality Act (8 U.S.C. 1401 et seq.), an alien 

11 who is in the United States as a lawful permanent resident 

12 on a conditional basis under this section shall be consid13 ered to have been admitted as an alien lawfully admitted 

14 for permanent residence and to be in the United States 

15 as an alien lawfully admitted to the United States for per16 manent residence. The alien may not apply for naturaliza17 tion until the conditional basis is removed. 

18 SEC. 626. RETROACTIVE BENEFITS UNDER THIS ACT. 

19 If, on the date of the enactment of this Act, an alien 

20 has satisfied all the requirements of subparagraphs (A) 

21 through (E) of section 624(a)(1) and section 

22 625(d)(1)(D), the Secretary may adjust the status of the 

23 alien to that of a conditional resident in accordance with 

24 section 624. The alien may petition for removal of such 

25 condition at the end of the conditional residence period 


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1 in accordance with section 625(c) if the alien has met the 

2 requirements of subparagraphs (A), (B), and (C) of sec3 tion 625(d)(1) during the entire period of conditional resi4 dence. 

5 SEC. 627. EXCLUSIVE JURISDICTION. 

6 (a) IN GENERAL.—The Secretary shall have exclusive 

7 jurisdiction to determine eligibility for relief under this 

8 subtitle, except if the alien has been placed into deporta9 tion, exclusion, or removal proceedings either prior to or 

10 after filing an application for relief under this Act, in 

11 which case the Attorney General shall have exclusive juris12 diction and shall assume all the powers and duties of the 

13 Secretary until proceedings are terminated, or if a final 

14 order of deportation, exclusion, or removal is entered the 

15 Secretary shall resume all powers and duties delegated to 

16 the Secretary under this subtitle. 

17 (b) STAY OF REMOVAL OF CERTAIN ALIENS EN18 ROLLED IN PRIMARY OR SECONDARY SCHOOL.—The At19 torney General shall stay the removal proceedings of any 

20 alien who— 

21 (1) meets all the requirements of subpara22 graphs (A), (B), (C), and (E) of section 624(a)(1); 

23 (2) is at least 12 years of age; and 

24 (3) is enrolled full time in a primary or sec25 ondary school. 


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1 (c) EMPLOYMENT.—An alien whose removal is stayed 

2 pursuant to subsection (b) may be engaged in employment 

3 in the United States consistent with the Fair Labor 

4 Standards Act (29 U.S.C. 201 et seq.) and State and local 

5 laws governing minimum age for employment. 

6 (d) LIFT OF STAY.—The Attorney General shall lift 

7 the stay granted pursuant to subsection (b) if the alien— 

8 (1) is no longer enrolled in a primary or sec9 ondary school; or 

10 (2) ceases to meet the requirements of sub11 section (b)(1). 

12 SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICA13 TION. 

14 Any person who files an application for relief under 

15 this subtitle and willfully and knowingly falsifies, mis16 represents, or conceals a material fact or makes any false 

17 or fraudulent statement or representation, or makes or 

18 uses any false writing or document knowing the same to 

19 contain any false or fraudulent statement or entry, shall 

20 be fined in accordance with title 18, United States Code, 

21 imprisoned not more than 5 years, or both. 

22 SEC. 629. CONFIDENTIALITY OF INFORMATION. 

23 (a) PROHIBITION.—Except as provided in subsection 

24 (b), no officer or employee of the United States may— 


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1 (1) use the information furnished by the appli2 cant pursuant to an application filed under this Act 

3 to initiate removal proceedings against any persons 

4 identified in the application; 

5 (2) make any publication whereby the informa6 tion furnished by any particular individual pursuant 

7 to an application under this Act can be identified; or 

8 (3) permit anyone other than an officer or em9 ployee of the United States Government or, in the 

10 case of applications filed under this Act with a des11 ignated entity, that designated entity, to examine 

12 applications filed under this Act. 

13 (b) REQUIRED DISCLOSURE.—The Secretary or the 

14 Attorney General shall provide the information furnished 

15 under this section, and any other information derived from 

16 such furnished information, to— 

17 (1) a duly recognized law enforcement entity in 

18 connection with an investigation or prosecution of an 

19 offense described in paragraph (2) or (3) of section 

20 212(a) of the Immigration and Nationality Act (8 

21 U.S.C. 1182(a)), when such information is requested 

22 in writing by such entity; or 

23 (2) an official coroner for purposes of affirma24 tively identifying a deceased individual (whether or 


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1 not such individual is deceased as a result of a 

2 crime). 

3 (c) PENALTY.—Any person who knowingly uses, pub4 lishes, or permits information to be examined in violation 

5 of this section shall be fined not more than $10,000. 

6 SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PRO7 HIBITION ON FEES. 

8 Regulations promulgated under this subtitle shall 

9 provide that applications under this subtitle will be consid10 ered on an expedited basis and without a requirement for 

11 the payment by the applicant of any additional fee for 

12 such expedited processing. 

13 SEC. 631. HIGHER EDUCATION ASSISTANCE. 

14 Notwithstanding any provision of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1001 et seq.), with respect 

16 to assistance provided under title IV of such Act (20 

17 U.S.C. 1070 et seq.), an alien who adjusts status to that 

18 of a lawful permanent resident under this subtitle shall 

19 only be eligible for the following assistance under such 

20 title: 

21 (1) Student loans under parts B, D, and E of 

22 such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 

23 1087aa et seq.), subject to the requirements of such 

24 parts. 


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1 (2) Federal work-study programs under part C 

2 of such title IV (42 U.S.C. 2751 et seq.), subject to 

3 the requirements of such part. 

4 (3) Services under such title IV (20 U.S.C. 

5 1070 et seq.), subject to the requirements for such 

6 services. 

7 SEC. 632. GAO REPORT. 

8 Not later than 7 years after the date of the enact9 ment of this Act, the Comptroller General of the United 

10 States shall submit a report to the Committee on the Judi11 ciary of the Senate and the Committee on the Judiciary 

12 of the House of Representatives that sets forth— 

13 (1) the number of aliens who were eligible for 

14 cancellation of removal and adjustment of status 

15 under section 624(a); 

16 (2) the number of aliens who applied for adjust17 ment of status under section 624(a); 

18 (3) the number of aliens who were granted ad19 justment of status under section 624(a); and 

20 (4) the number of aliens whose conditional per21 manent resident status was removed under section 

22 625. 


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1 Subtitle C—AgJOBS Act of 2007 

2 SEC. 641. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Agricultural Job 

4 Opportunities, Benefits, and Security Act of 2007’’ or the 

5 ‘‘AgJOBS Act of 2007’’. 

6 SEC. 642. DEFINITIONS. 

7 In this subtitle: 

8 (1) AGRICULTURAL EMPLOYMENT.—The term 

9 ‘‘agricultural employment’’ means any service or ac10 tivity that is considered to be agricultural under sec11 tion 3(f) of the Fair Labor Standards Act of 1938 

12 (29 U.S.C. 203(f)) or agricultural labor under sec13 tion 3121(g) of the Internal Revenue Code of 1986 

14 or the performance of agricultural labor or services 

15 described in section 101(a)(15)(H)(ii)(a) of the Im16 migration and Nationality Act (8 U.S.C. 

17 1101(a)(15)(H)(ii)(a)). 

18 (2) BLUE CARD STATUS.—The term ‘‘blue card 

19 status’’ means the status of an alien who has been 

20 lawfully admitted into the United States for tem21 porary residence under section 101(a). 

22 (3) DEPARTMENT.—The term ‘‘Department’’ 

23 means the Department of Homeland Security. 

24 (4) EMPLOYER.—The term ‘‘employer’’ means 

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1 tractor and any agricultural association, that em2 ploys workers in agricultural employment. 

3 (5) SECRETARY.—Except as otherwise provided, 

4 the term ‘‘Secretary’’ means the Secretary of Home5 land Security. 

6 (6) TEMPORARY.—A worker is employed on a 

7 ‘‘temporary’’ basis when the employment is intended 

8 not to exceed 10 months. 

9 (7) WORK DAY.—The term ‘‘work day’’ means 

10 any day in which the individual is employed 5.75 or 

11 more hours in agricultural employment. 

12 CHAPTER 1—PILOT PROGRAM FOR 

13 EARNED STATUS ADJUSTMENT OF AG14 RICULTURAL WORKERS 

15 Subchapter A—Blue Card Status 

16 SEC. 643. REQUIREMENTS FOR BLUE CARD STATUS. 

17 (a) REQUIREMENT TO GRANT BLUE CARD STA18 TUS.—Notwithstanding any other provision of law, the 

19 Secretary shall, pursuant to the requirements of this sec20 tion, grant blue card status to an alien who qualifies under 

21 this section if the Secretary determines that the alien— 

22 (1) has performed agricultural employment in 

23 the United States for at least 863 hours or 150 

24 work days during the 24-month period ending on 

25 December 31, 2006; 


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1 (2) applied for such status during the 18-month 

2 application period beginning on the first day of the 

3 seventh month that begins after the date of enact4 ment of this Act; 

5 (3) is otherwise admissible to the United States 

6 under section 212 of the Immigration and Nation7 ality Act (8 U.S.C. 1182), except as otherwise pro8 vided under section 647(b); and 

9 (4) has not been convicted of any felony or a 

10 misdemeanor, an element of which involves bodily in11 jury, threat of serious bodily injury, or harm to 

12 property in excess of $500. 

13 (b) AUTHORIZED TRAVEL.—An alien who is granted 

14 blue card status is authorized to travel outside the United 

15 States (including commuting to the United States from 

16 a residence in a foreign country) in the same manner as 

17 an alien lawfully admitted for permanent residence. 

18 (c) AUTHORIZED EMPLOYMENT.—The Secretary 

19 shall provide an alien who is granted blue card status an 

20 employment authorized endorsement or other appropriate 

21 work permit, in the same manner as an alien lawfully ad22 mitted for permanent residence. 

23 (d) TERMINATION OF BLUE CARD STATUS.— 

24 (1) IN GENERAL.—The Secretary may termi25 nate blue card status granted to an alien under this 


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1 section only if the Secretary determines that the 

2 alien is deportable. 

3 (2) GROUNDS FOR TERMINATION OF BLUE

4 CARD STATUS.—Before any alien becomes eligible 

5 for adjustment of status under section 645, the Sec6 retary may deny adjustment to permanent resident 

7 status and provide for termination of the blue card 

8 status granted such alien under paragraph (1) if— 

9 (A) the Secretary finds, by a preponder10 ance of the evidence, that the adjustment to 

11 blue card status was the result of fraud or will12 ful misrepresentation (as described in section 

13 212(a)(6)(C)(i) of the Immigration and Nation14 ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or 

15 (B) the alien— 

16 (i) commits an act that makes the 

17 alien inadmissible to the United States as 

18 an immigrant, except as provided under 

19 section 647(b); 

20 (ii) is convicted of a felony or 3 or 

21 more misdemeanors committed in the 

22 United States; 

23 (iii) is convicted of an offense, an ele24 ment of which involves bodily injury, threat 


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1 of serious bodily injury, or harm to prop2 erty in excess of $500; or 

3 (iv) fails to perform the agricultural 

4 employment required under section 

5 645(a)(1)(A) unless the alien was unable 

6 to work in agricultural employment due to 

7 the extraordinary circumstances described 

8 in section 645(a)(3). 

9 (e) RECORD OF EMPLOYMENT.— 

10 (1) IN GENERAL.—Each employer of an alien 

11 granted blue card status under this section shall an12 nually— 

13 (A) provide a written record of employ14 ment to the alien; and 

15 (B) provide a copy of such record to the 

16 Secretary. 

17 (2) SUNSET.—The obligation under paragraph 

18 (1) shall terminate on the date that is 6 years after 

19 the date of the enactment of this Act. 

20 (f) REQUIRED FEATURES OF IDENTITY CARD.—The 

21 Secretary shall provide each alien granted blue card sta22 tus, and the spouse and any child of each such alien resid23 ing in the United States, with a card that contains— 


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1 (1) an encrypted, machine-readable, electronic 

2 identification strip that is unique to the alien to 

3 whom the card is issued; 

4 (2) biometric identifiers, including fingerprints 

5 and a digital photograph; and 

6 (3) physical security features designed to pre7 vent tampering, counterfeiting, or duplication of the 

8 card for fraudulent purposes. 

9 (g) FINE.—An alien granted blue card status shall 

10 pay a fine of $100 to the Secretary. 

11 (h) MAXIMUM NUMBER.—The Secretary may not 

12 issue more than 1,500,000 blue cards during the 5-year 

13 period beginning on the date of the enactment of this Act. 

14 SEC. 644. TREATMENT OF ALIENS GRANTED BLUE CARD 

15 STATUS. 

16 (a) IN GENERAL.—Except as otherwise provided 

17 under this section, an alien granted blue card status shall 

18 be considered to be an alien lawfully admitted for perma19 nent residence for purposes of any law other than any pro20 vision of the Immigration and Nationality Act (8 U.S.C. 

21 1101 et seq.). 

22 (b) DELAYED ELIGIBILITY FOR CERTAIN FEDERAL

23 PUBLIC BENEFITS.—An alien granted blue card status 

24 shall not be eligible, by reason of such status, for any form 

25 of assistance or benefit described in section 403(a) of the 


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1 Personal Responsibility and Work Opportunity Reconcili2 ation Act of 1996 (8 U.S.C. 1613(a)) until 5 years after 

3 the date on which the alien is granted an adjustment of 

4 status under section 645. 

5 (c) TERMS OF EMPLOYMENT.— 

6 (1) PROHIBITION.—No alien granted blue card 

7 status may be terminated from employment by any 

8 employer during the period of blue card status ex9 cept for just cause. 

10 (2) TREATMENT OF COMPLAINTS.— 

11 (A) ESTABLISHMENT OF PROCESS.—The 

12 Secretary shall establish a process for the re13 ceipt, initial review, and disposition of com14 plaints by aliens granted blue card status who 

15 allege that they have been terminated without 

16 just cause. No proceeding shall be conducted 

17 under this paragraph with respect to a termi18 nation unless the Secretary determines that the 

19 complaint was filed not later than 6 months 

20 after the date of the termination. 

21 (B) INITIATION OF ARBITRATION.—If the 

22 Secretary finds that an alien has filed a com23 plaint in accordance with subparagraph (A) and 

24 there is reasonable cause to believe that the 

25 alien was terminated from employment without 


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1 just cause, the Secretary shall initiate binding 

2 arbitration proceedings by requesting the Fed3 eral Mediation and Conciliation Service to ap4 point a mutually agreeable arbitrator from the 

5 roster of arbitrators maintained by such Service 

6 for the geographical area in which the employer 

7 is located. The procedures and rules of such 

8 Service shall be applicable to the selection of 

9 such arbitrator and to such arbitration pro10 ceedings. The Secretary shall pay the fee and 

11 expenses of the arbitrator, subject to the avail12 ability of appropriations for such purpose. 

13 (C) ARBITRATION PROCEEDINGS.—The ar14 bitrator shall conduct the proceeding under this 

15 paragraph in accordance with the policies and 

16 procedures promulgated by the American Arbi17 tration Association applicable to private arbitra18 tion of employment disputes. The arbitrator 

19 shall make findings respecting whether the ter20 mination was for just cause. The arbitrator 

21 may not find that the termination was for just 

22 cause unless the employer so demonstrates by a 

23 preponderance of the evidence. If the arbitrator 

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1 ing of the number of days or hours of work lost 

2 by the employee as a result of the termination. 

3 The arbitrator shall have no authority to order 

4 any other remedy, including reinstatement, 

5 back pay, or front pay to the affected employee. 

6 Not later than 30 days after the date of the 

7 conclusion of the arbitration proceeding, the ar8 bitrator shall transmit the findings in the form 

9 of a written opinion to the parties to the arbi10 tration and the Secretary. Such findings shall 

11 be final and conclusive, and no official or court 

12 of the United States shall have the power or ju13 risdiction to review any such findings. 

14 (D) EFFECT OF ARBITRATION FIND15 INGS.—If the Secretary receives a finding of an 

16 arbitrator that an employer has terminated the 

17 employment of an alien who is granted blue 

18 card status without just cause, the Secretary 

19 shall credit the alien for the number of days or 

20 hours of work not performed during such period 

21 of termination for the purpose of determining if 

22 the alien meets the qualifying employment re23 quirement of section 645(a). 

24 (E) TREATMENT OF ATTORNEY’S FEES.— 

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1 graph shall bear the cost of their own attorney’s 

2 fees for the arbitration. 

3 (F) NONEXCLUSIVE REMEDY.—The com4 plaint process provided for in this paragraph is 

5 in addition to any other rights an employee may 

6 have in accordance with applicable law. 

7 (G) EFFECT ON OTHER ACTIONS OR PRO8 CEEDINGS.—Any finding of fact or law, judg9 ment, conclusion, or final order made by an ar10 bitrator in the proceeding before the Secretary 

11 shall not be conclusive or binding in any sepa12 rate or subsequent action or proceeding between 

13 the employee and the employee’s current or 

14 prior employer brought before an arbitrator, ad15 ministrative agency, court, or judge of any 

16 State or the United States, regardless of wheth17 er the prior action was between the same or re18 lated parties or involved the same facts, except 

19 that the arbitrator’s specific finding of the 

20 number of days or hours of work lost by the 

21 employee as a result of the employment termi22 nation may be referred to the Secretary pursu23 ant to subparagraph (D). 

24 (3) CIVIL PENALTIES.— 


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1 (A) IN GENERAL.—If the Secretary finds, 

2 after notice and opportunity for a hearing, that 

3 an employer of an alien granted blue card sta4 tus has failed to provide the record of employ5 ment required under section 643(e) or has pro6 vided a false statement of material fact in such 

7 a record, the employer shall be subject to a civil 

8 money penalty in an amount not to exceed 

9 $1,000 per violation. 

10 (B) LIMITATION.—The penalty applicable 

11 under subparagraph (A) for failure to provide 

12 records shall not apply unless the alien has pro13 vided the employer with evidence of employment 

14 authorization granted under this section. 

15 SEC. 645. ADJUSTMENT TO PERMANENT RESIDENCE. 

16 (a) IN GENERAL.—Except as provided in subsection 

17 (b), the Secretary shall adjust the status of an alien grant18 ed blue card status to that of an alien lawfully admitted 

19 for permanent residence if the Secretary determines that 

20 the following requirements are satisfied: 

21 (1) QUALIFYING EMPLOYMENT.— 

22 (A) IN GENERAL.—Subject to subpara23 graph (B), the alien has performed at least— 

24 (i) 5 years of agricultural employment 

25 in the United States for at least 100 work 


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1 days per year, during the 5-year period be2 ginning on the date of the enactment of 

3 this Act; or 

4 (ii) 3 years of agricultural employ5 ment in the United States for at least 150 

6 work days per year, during the 3-year pe7 riod beginning on the date of the enact8 ment of this Act. 

9 (B) 4-YEAR PERIOD OF EMPLOYMENT.— 

10 An alien shall be considered to meet the re11 quirements of subparagraph (A) if the alien has 

12 performed 4 years of agricultural employment 

13 in the United States for at least 150 work days 

14 during 3 years of those 4 years and at least 

15 100 work days during the remaining year, dur16 ing the 4-year period beginning on the date of 

17 the enactment of this Act. 

18 (2) PROOF.—An alien may demonstrate compli19 ance with the requirement under paragraph (1) by 

20 submitting— 

21 (A) the record of employment described in 

22 section 643(e); or 

23 (B) such documentation as may be sub24 mitted under section 646(c). 


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1 (3) EXTRAORDINARY CIRCUMSTANCES.—In de2 termining whether an alien has met the requirement 

3 of paragraph (1)(A), the Secretary may credit the 

4 alien with not more than 12 additional months to 

5 meet the requirement of that subparagraph if the 

6 alien was unable to work in agricultural employment 

7 due to— 

8 (A) pregnancy, injury, or disease, if the 

9 alien can establish such pregnancy, disabling in10 jury, or disease through medical records; 

11 (B) illness, disease, or other special needs 

12 of a minor child, if the alien can establish such 

13 illness, disease, or special needs through med14 ical records; or 

15 (C) severe weather conditions that pre16 vented the alien from engaging in agricultural 

17 employment for a significant period of time. 

18 (4) APPLICATION PERIOD.—The alien applies 

19 for adjustment of status not later than 7 years after 

20 the date of the enactment of this Act. 

21 (5) FINE.—The alien pays a fine of $400 to the 

22 Secretary. 

23 (b) GROUNDS FOR DENIAL OF ADJUSTMENT OF STA24 TUS.—The Secretary may deny an alien granted blue card 


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1 status an adjustment of status under this section and pro2 vide for termination of such blue card status if— 

3 (1) the Secretary finds by a preponderance of 

4 the evidence that the adjustment to blue card status 

5 was the result of fraud or willful misrepresentation, 

6 as described in section 212(a)(6)(C)(i) of the Immi7 gration and Nationality Act (8 U.S.C. 

8 1182(a)(6)(C)(i)); or 

9 (2) the alien— 

10 (A) commits an act that makes the alien 

11 inadmissible to the United States under section 

12 212 of the Immigration and Nationality Act (8 

13 U.S.C. 1182), except as provided under section 

14 647(b); 

15 (B) is convicted of a felony or 3 or more 

16 misdemeanors committed in the United States; 

17 or 

18 (C) is convicted of an offense, an element 

19 of which involves bodily injury, threat of serious 

20 bodily injury, or harm to property in excess of 

21 $500. 

22 (c) GROUNDS FOR REMOVAL.—Any alien granted 

23 blue card status who does not apply for adjustment of sta24 tus under this section before the expiration of the applica25 tion period described in subsection (a)(4) or who fails to 


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1 meet the other requirements of subsection (a) by the end 

2 of the application period, is deportable and may be re3 moved under section 240 of the Immigration and Nation4 ality Act (8 U.S.C. 1229a). 

5 (d) PAYMENT OF TAXES.— 

6 (1) IN GENERAL.—Not later than the date on 

7 which an alien’s status is adjusted under this sec8 tion, the alien shall establish that the alien does not 

9 owe any applicable Federal tax liability by estab10 lishing that— 

11 (A) no such tax liability exists; 

12 (B) all such outstanding tax liabilities have 

13 been paid; or 

14 (C) the alien has entered into an agree15 ment for payment of all outstanding liabilities 

16 with the Internal Revenue Service. 

17 (2) APPLICABLE FEDERAL TAX LIABILITY.—In 

18 paragraph (1) the term ‘‘applicable Federal tax li19 ability’’ means liability for Federal taxes, including 

20 penalties and interest, owed for any year during the 

21 period of employment required under subsection 

22 (a)(1) for which the statutory period for assessment 

23 of any deficiency for such taxes has not expired. 

24 (3) IRS COOPERATION.—The Secretary of the 

25 Treasury shall establish rules and procedures under 


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1 which the Commissioner of Internal Revenue shall 

2 provide documentation to an alien upon request to 

3 establish the payment of all taxes required by this 

4 subsection. 

5 (e) SPOUSES AND MINOR CHILDREN.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, the Secretary shall confer the sta8 tus of lawful permanent resident on the spouse and 

9 minor child of an alien granted any adjustment of 

10 status under subsection (a), including any individual 

11 who was a minor child on the date such alien was 

12 granted blue card status, if the spouse or minor 

13 child applies for such status, or if the principal alien 

14 includes the spouse or minor child in an application 

15 for adjustment of status to that of a lawful perma16 nent resident. 

17 (2) TREATMENT OF SPOUSES AND MINOR CHIL18 DREN.— 

19 (A) GRANTING OF STATUS AND RE20 MOVAL.—The Secretary may grant derivative 

21 status to the alien spouse and any minor child 

22 residing in the United States of an alien grant23 ed blue card status and shall not remove such 

24 derivative spouse or child during the period that 

25 the alien granted blue card status maintains 


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1 such status, except as provided in paragraph 

2 (3). A grant of derivative status to such a 

3 spouse or child under this subparagraph shall 

4 not decrease the number of aliens who may re5 ceive blue card status under subsection (h) of 

6 section 643. 

7 (B) TRAVEL.—The derivative spouse and 

8 any minor child of an alien granted blue card 

9 status may travel outside the United States in 

10 the same manner as an alien lawfully admitted 

11 for permanent residence. 

12 (C) EMPLOYMENT.—The derivative spouse 

13 of an alien granted blue card status may apply 

14 to the Secretary for a work permit to authorize 

15 such spouse to engage in any lawful employ16 ment in the United States while such alien 

17 maintains blue card status. 

18 (3) GROUNDS FOR DENIAL OF ADJUSTMENT OF

19 STATUS AND REMOVAL.—The Secretary may deny 

20 an alien spouse or child adjustment of status under 

21 paragraph (1) and may remove such spouse or child 

22 under section 240 of the Immigration and Nation23 ality Act (8 U.S.C. 1229a) if the spouse or child— 

24 (A) commits an act that makes the alien 

25 spouse or child inadmissible to the United 


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1 States under section 212 of such Act (8 U.S.C. 

2 1182), except as provided under section 647(b); 

3 (B) is convicted of a felony or 3 or more 

4 misdemeanors committed in the United States; 

5 or 

6 (C) is convicted of an offense, an element 

7 of which involves bodily injury, threat of serious 

8 bodily injury, or harm to property in excess of 

9 $500. 

10 SEC. 646. APPLICATIONS. 

11 (a) SUBMISSION.—The Secretary shall provide that— 

12 (1) applications for blue card status under sec13 tion 643 may be submitted— 

14 (A) to the Secretary if the applicant is rep15 resented by an attorney or a nonprofit religious, 

16 charitable, social service, or similar organization 

17 recognized by the Board of Immigration Ap18 peals under section 292.2 of title 8, Code of 

19 Federal Regulations; or 

20 (B) to a qualified designated entity if the 

21 applicant consents to the forwarding of the ap22 plication to the Secretary; and 

23 (2) applications for adjustment of status under 

24 section 645 shall be filed directly with the Secretary. 


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1 (b) QUALIFIED DESIGNATED ENTITY DEFINED.—In 

2 this section, the term ‘‘qualified designated entity’’ 

3 means— 

4 (1) a qualified farm labor organization or an 

5 association of employers designated by the Sec6 retary; or 

7 (2) any such other person designated by the 

8 Secretary if that Secretary determines such person 

9 is qualified and has substantial experience, dem10 onstrated competence, and has a history of long11 term involvement in the preparation and submission 

12 of applications for adjustment of status under sec13 tion 209, 210, or 245 of the Immigration and Na14 tionality Act (8 U.S.C. 1159, 1160, and 1255), the 

15 Act entitled ‘‘An Act to adjust the status of Cuban 

16 refugees to that of lawful permanent residents of the 

17 United States, and for other purposes’’, approved 

18 November 2, 1966 (Public Law 89–732; 8 U.S.C. 

19 1255 note), Public Law 95–145 (8 U.S.C. 1255 

20 note), or the Immigration Reform and Control Act 

21 of 1986 (Public Law 99–603; 100 Stat. 3359) or 

22 any amendment made by that Act. 

23 (c) PROOF OF ELIGIBILITY.— 

24 (1) IN GENERAL.—An alien may establish that 

25 the alien meets the requirement of section 643(a)(1) 


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1 or 645(a)(1) through government employment 

2 records or records supplied by employers or collec3 tive bargaining organizations, and other reliable doc4 umentation as the alien may provide. The Secretary 

5 shall establish special procedures to properly credit 

6 work in cases in which an alien was employed under 

7 an assumed name. 

8 (2) DOCUMENTATION OF WORK HISTORY.— 

9 (A) BURDEN OF PROOF.—An alien apply10 ing for status under section 643(a) or 645(a) 

11 has the burden of proving by a preponderance 

12 of the evidence that the alien has worked the 

13 requisite number of hours or days required 

14 under section 643(a)(1) or 645(a)(1), as appli15 cable. 

16 (B) TIMELY PRODUCTION OF RECORDS.— 

17 If an employer or farm labor contractor employ18 ing such an alien has kept proper and adequate 

19 records respecting such employment, the alien’s 

20 burden of proof under subparagraph (A) may 

21 be met by securing timely production of those 

22 records under regulations to be promulgated by 

23 the Secretary. 

24 (C) SUFFICIENT EVIDENCE.—An alien 

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1 graph (A) to establish that the alien has per2 formed the days or hours of work required by 

3 section 643(a)(1) or 645(a)(1) by producing 

4 sufficient evidence to show the extent of that 

5 employment as a matter of just and reasonable 

6 inference. 

7 (d) APPLICATIONS SUBMITTED TO QUALIFIED DES8 IGNATED ENTITIES.— 

9 (1) REQUIREMENTS.—Each qualified des10 ignated entity shall agree— 

11 (A) to forward to the Secretary an applica12 tion submitted to that entity pursuant to sub13 section (a)(1)(B) if the applicant has consented 

14 to such forwarding; 

15 (B) not to forward to the Secretary any 

16 such application if the applicant has not con17 sented to such forwarding; and 

18 (C) to assist an alien in obtaining docu19 mentation of the alien’s work history, if the 

20 alien requests such assistance. 

21 (2) NO AUTHORITY TO MAKE DETERMINA22 TIONS.—No qualified designated entity may make a 

23 determination required by this subtitle to be made 

24 by the Secretary. 


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1 (e) LIMITATION ON ACCESS TO INFORMATION.—Files 

2 and records collected or compiled by a qualified designated 

3 entity for the purposes of this section are confidential and 

4 the Secretary shall not have access to such a file or record 

5 relating to an alien without the consent of the alien, except 

6 as allowed by a court order issued pursuant to subsection 

7 (f). 

8 (f) CONFIDENTIALITY OF INFORMATION.— 

9 (1) IN GENERAL.—Except as otherwise pro10 vided in this section, the Secretary or any other offi11 cial or employee of the Department or a bureau or 

12 agency of the Department is prohibited from— 

13 (A) using information furnished by the ap14 plicant pursuant to an application filed under 

15 this subtitle, the information provided by an ap16 plicant to a qualified designated entity, or any 

17 information provided by an employer or former 

18 employer for any purpose other than to make a 

19 determination on the application or for impos20 ing the penalties described in subsection (g); 

21 (B) making any publication in which the 

22 information furnished by any particular indi23 vidual can be identified; or 

24 (C) permitting a person other than a 

25 sworn officer or employee of the Department or 


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1 a bureau or agency of the Department or, with 

2 respect to applications filed with a qualified 

3 designated entity, that qualified designated en4 tity, to examine individual applications. 

5 (2) REQUIRED DISCLOSURES.—The Secretary 

6 shall provide the information furnished under this 

7 subtitle or any other information derived from such 

8 furnished information to— 

9 (A) a duly recognized law enforcement en10 tity in connection with a criminal investigation 

11 or prosecution, if such information is requested 

12 in writing by such entity; or 

13 (B) an official coroner, for purposes of af14 firmatively identifying a deceased individual, 

15 whether or not the death of such individual re16 sulted from a crime. 

17 (3) CONSTRUCTION.— 

18 (A) IN GENERAL.—Nothing in this sub19 section shall be construed to limit the use, or 

20 release, for immigration enforcement purposes 

21 or law enforcement purposes, of information 

22 contained in files or records of the Department 

23 pertaining to an application filed under this sec24 tion, other than information furnished by an 

25 applicant pursuant to the application, or any 


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1 other information derived from the application, 

2 that is not available from any other source. 

3 (B) CRIMINAL CONVICTIONS.—Notwith4 standing any other provision of this subsection, 

5 information concerning whether the alien apply6 ing for blue card status under section 643 or an 

7 adjustment of status under section 645 has 

8 been convicted of a crime at any time may be 

9 used or released for immigration enforcement 

10 or law enforcement purposes. 

11 (4) CRIME.—Any person who knowingly uses, 

12 publishes, or permits information to be examined in 

13 violation of this subsection shall be subject to a fine 

14 in an amount not to exceed $10,000. 

15 (g) PENALTIES FOR FALSE STATEMENTS IN APPLI16 CATIONS.— 

17 (1) CRIMINAL PENALTY.—Any person who— 

18 (A) files an application for blue card status 

19 under section 643 or an adjustment of status 

20 under section 645 and knowingly and willfully 

21 falsifies, conceals, or covers up a material fact 

22 or makes any false, fictitious, or fraudulent 

23 statements or representations, or makes or uses 

24 any false writing or document knowing the 


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1 same to contain any false, fictitious, or fraudu2 lent statement or entry; or 

3 (B) creates or supplies a false writing or 

4 document for use in making such an applica5 tion, 

6 shall be fined in accordance with title 18, 

7 United States Code, imprisoned not more than 

8 5 years, or both. 

9 (2) INADMISSIBILITY.—An alien who is con10 victed of a crime under paragraph (1) shall be con11 sidered to be inadmissible to the United States on 

12 the ground described in section 212(a)(6)(C)(i) of 

13 the Immigration and Nationality Act (8 U.S.C. 

14 1182(a)(6)(C)(i)). 

15 (h) ELIGIBILITY FOR LEGAL SERVICES.—Section 

16 504(a)(11) of Public Law 104–134 (110 Stat. 1321–53 

17 et seq.) shall not be construed to prevent a recipient of 

18 funds under the Legal Services Corporation Act (42 

19 U.S.C. 2996 et seq.) from providing legal assistance di20 rectly related to an application for blue card status under 

21 section 643 or an adjustment of status under section 645. 

22 (i) APPLICATION FEES.— 

23 (1) FEE SCHEDULE.—The Secretary shall pro24 vide for a schedule of fees that— 


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1 (A) shall be charged for the filing of an 

2 application for blue card status under section 

3 643 or for an adjustment of status under sec4 tion 645; and 

5 (B) may be charged by qualified des6 ignated entities to help defray the costs of serv7 ices provided to such applicants. 

8 (2) PROHIBITION ON EXCESS FEES BY QUALI9 FIED DESIGNATED ENTITIES.—A qualified des10 ignated entity may not charge any fee in excess of, 

11 or in addition to, the fees authorized under para12 graph (1)(B) for services provided to applicants. 

13 (3) DISPOSITION OF FEES.— 

14 (A) IN GENERAL.—There is established in 

15 the general fund of the Treasury a separate ac16 count, which shall be known as the ‘‘Agricul17 tural Worker Immigration Status Adjustment 

18 Account’’. Notwithstanding any other provision 

19 of law, there shall be deposited as offsetting re20 ceipts into the account all fees collected under 

21 paragraph (1)(A). 

22 (B) USE OF FEES FOR APPLICATION PROC23 ESSING.—Amounts deposited in the ‘‘Agricul24 tural Worker Immigration Status Adjustment 

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1 retary until expended for processing applica2 tions for blue card status under section 643 or 

3 an adjustment of status under section 645. 

4 SEC. 647. WAIVER OF NUMERICAL LIMITATIONS AND CER5 TAIN GROUNDS FOR INADMISSIBILITY. 

6 (a) NUMERICAL LIMITATIONS DO NOT APPLY.—The 

7 numerical limitations of sections 201 and 202 of the Im8 migration and Nationality Act (8 U.S.C. 1151 and 1152) 

9 shall not apply to the adjustment of aliens to lawful per10 manent resident status under section 645. 

11 (b) WAIVER OF CERTAIN GROUNDS OF INADMIS12 SIBILITY.—In the determination of an alien’s eligibility for 

13 status under section 101(a) or an alien’s eligibility for ad14 justment of status under section 645(b)(2)(A) the fol15 lowing rules shall apply: 

16 (1) GROUNDS OF EXCLUSION NOT APPLICA17 BLE.—The provisions of paragraphs (5), (6)(A), (7), 

18 and (9) of section 212(a) of the Immigration and 

19 Nationality Act (8 U.S.C. 1182(a)) shall not apply. 

20 (2) WAIVER OF OTHER GROUNDS.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), the Secretary may waive any 

23 other provision of such section 212(a) in the 

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1 poses, to ensure family unity, or if otherwise in 

2 the public interest. 

3 (B) GROUNDS THAT MAY NOT BE

4 WAIVED.—Paragraphs (2)(A), (2)(B), (2)(C), 

5 (3), and (4) of such section 212(a) may not be 

6 waived by the Secretary under subparagraph 

7 (A). 

8 (C) CONSTRUCTION.—Nothing in this 

9 paragraph shall be construed as affecting the 

10 authority of the Secretary other than under this 

11 subparagraph to waive provisions of such sec12 tion 212(a). 

13 (3) SPECIAL RULE FOR DETERMINATION OF

14 PUBLIC CHARGE.—An alien is not ineligible for blue 

15 card status under section 643 or an adjustment of 

16 status under section 645 by reason of a ground of 

17 inadmissibility under section 212(a)(4) of the Immi18 gration and Nationality Act (8 U.S.C. 1182(a)(4)) if 

19 the alien demonstrates a history of employment in 

20 the United States evidencing self-support without re21 liance on public cash assistance. 

22 (c) TEMPORARY STAY OF REMOVAL AND WORK AU23 THORIZATION FOR CERTAIN APPLICANTS.— 

24 (1) BEFORE APPLICATION PERIOD.—Effective 

25 on the date of enactment of this Act, the Secretary 


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1 shall provide that, in the case of an alien who is ap2 prehended before the beginning of the application 

3 period described in section 643(a)(2) and who can 

4 establish a nonfrivolous case of eligibility for blue 

5 card status (but for the fact that the alien may not 

6 apply for such status until the beginning of such pe7 riod), until the alien has had the opportunity during 

8 the first 30 days of the application period to com9 plete the filing of an application for blue card status, 

10 the alien— 

11 (A) may not be removed; and 

12 (B) shall be granted authorization to en13 gage in employment in the United States and 

14 be provided an employment authorized endorse15 ment or other appropriate work permit for such 

16 purpose. 

17 (2) DURING APPLICATION PERIOD.—The Sec18 retary shall provide that, in the case of an alien who 

19 presents a nonfrivolous application for blue card sta20 tus during the application period described in section 

21 643(a)(2), including an alien who files such an ap22 plication within 30 days of the alien’s apprehension, 

23 and until a final determination on the application 

24 has been made in accordance with this section, the 

25 alien— 


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1 (A) may not be removed; and 

2 (B) shall be granted authorization to en3 gage in employment in the United States and 

4 be provided an employment authorized endorse5 ment or other appropriate work permit for such 

6 purpose. 

7 SEC. 648. ADMINISTRATIVE AND JUDICIAL REVIEW. 

8 (a) IN GENERAL.—There shall be no administrative 

9 or judicial review of a determination respecting an applica10 tion for blue card status under section 643 or adjustment 

11 of status under section 645 except in accordance with this 

12 section. 

13 (b) ADMINISTRATIVE REVIEW.— 

14 (1) SINGLE LEVEL OF ADMINISTRATIVE APPEL15 LATE REVIEW.—The Secretary shall establish an ap16 pellate authority to provide for a single level of ad17 ministrative appellate review of such a determina18 tion. 

19 (2) STANDARD FOR REVIEW.—Such administra20 tive appellate review shall be based solely upon the 

21 administrative record established at the time of the 

22 determination on the application and upon such ad23 ditional or newly discovered evidence as may not 

24 have been available at the time of the determination. 

25 (c) JUDICIAL REVIEW.— 


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1 (1) LIMITATION TO REVIEW OF REMOVAL.— 

2 There shall be judicial review of such a determina3 tion only in the judicial review of an order of re4 moval under section 242 of the Immigration and 

5 Nationality Act (8 U.S.C. 1252). 

6 (2) STANDARD FOR JUDICIAL REVIEW.—Such 

7 judicial review shall be based solely upon the admin8 istrative record established at the time of the review 

9 by the appellate authority and the findings of fact 

10 and determinations contained in such record shall be 

11 conclusive unless the applicant can establish abuse 

12 of discretion or that the findings are directly con13 trary to clear and convincing facts contained in the 

14 record considered as a whole. 

15 SEC. 649. USE OF INFORMATION. 

16 Beginning not later than the first day of the applica17 tion period described in section 643(a)(2), the Secretary, 

18 in cooperation with qualified designated entities (as that 

19 term is defined in section 646(b)), shall broadly dissemi20 nate information respecting the benefits that aliens may 

21 receive under this subtitle and the requirements that an 

22 alien is required to meet to receive such benefits. 


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1 SEC. 650. REGULATIONS, EFFECTIVE DATE, AUTHORIZA2 TION OF APPROPRIATIONS. 

3 (a) REGULATIONS.—The Secretary shall issue regula4 tions to implement this subtitle not later than the first 

5 day of the seventh month that begins after the date of 

6 enactment of this Act. 

7 (b) EFFECTIVE DATE.—This subtitle shall take effect 

8 on the date that regulations required by subsection (a) are 

9 issued, regardless of whether such regulations are issued 

10 on an interim basis or on any other basis. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary such 

13 sums as may be necessary to implement this subtitle, in14 cluding any sums needed for costs associated with the ini15 tiation of such implementation, for fiscal years 2007 and 

16 2008. 

17 Subchapter B—Correction of Social Security 

18 Records 

19 SEC. 651. CORRECTION OF SOCIAL SECURITY RECORDS. 

20 (a) IN GENERAL.—Section 208(e)(1) of the Social 

21 Security Act (42 U.S.C. 408(e)(1)) is amended— 

22 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

23 the end; 

24 (2) in subparagraph (C), by inserting ‘‘or’’ at 

25 the end; 


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1 (3) by inserting after subparagraph (C) the fol2 lowing: 

3 ‘‘(D) who is granted blue card status under the 

4 Agricultural Job Opportunity, Benefits, and Security 

5 Act of 2007,’’; and 

6 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

7 in the case of an alien described in subparagraph 

8 (D), if such conduct is alleged to have occurred be9 fore the date on which the alien was granted blue 

10 card status.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall take effect on the first day of the sev13 enth month that begins after the date of the enactment 

14 of this Act. 

15 CHAPTER 2—REFORM OF H–2A WORKER 

16 PROGRAM 

17 SEC. 652. AMENDMENT TO THE IMMIGRATION AND NATION18 ALITY ACT. 

19 (a) IN GENERAL.—Title II of the Immigration and 

20 Nationality Act (8 U.S.C. 1151 et seq.) is amended by 

21 striking section 218 and inserting the following: 

22 ‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. 

23 ‘‘(a) APPLICATIONS TO THE SECRETARY OF

24 LABOR.— 


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1 ‘‘(1) IN GENERAL.—No alien may be admitted 

2 to the United States as an H–2A worker, or other3 wise provided status as an H–2A worker, unless the 

4 employer has filed with the Secretary of Labor an 

5 application containing— 

6 ‘‘(A) the assurances described in sub7 section (b); 

8 ‘‘(B) a description of the nature and loca9 tion of the work to be performed; 

10 ‘‘(C) the anticipated period (expected be11 ginning and ending dates) for which the work12 ers will be needed; and 

13 ‘‘(D) the number of job opportunities in 

14 which the employer seeks to employ the work15 ers. 

16 ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap17 plication filed under paragraph (1) shall be accom18 panied by a copy of the job offer describing the 

19 wages and other terms and conditions of employ20 ment and the bona fide occupational qualifications 

21 that shall be possessed by a worker to be employed 

22 in the job opportunity in question. 

23 ‘‘(b) ASSURANCES FOR INCLUSION IN APPLICA24 TIONS.—The assurances referred to in subsection (a)(1) 

25 are the following: 


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1 ‘‘(1) JOB OPPORTUNITIES COVERED BY COL2 LECTIVE BARGAINING AGREEMENTS.—With respect 

3 to a job opportunity that is covered under a collec4 tive bargaining agreement: 

5 ‘‘(A) UNION CONTRACT DESCRIBED.—The 

6 job opportunity is covered by a union contract 

7 which was negotiated at arm’s length between a 

8 bona fide union and the employer. 

9 ‘‘(B) 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 ‘‘(C) NOTIFICATION OF BARGAINING REP15 RESENTATIVES.—The employer, at the time of 

16 filing the application, has provided notice of the 

17 filing under this paragraph to the bargaining 

18 representative of the employer’s employees in 

19 the occupational classification at the place or 

20 places of employment for which aliens are 

21 sought. 

22 ‘‘(D) TEMPORARY OR SEASONAL JOB OP23 PORTUNITIES.—The job opportunity is tem24 porary or seasonal. 


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1 ‘‘(E) OFFERS TO UNITED STATES WORK2 ERS.—The employer has offered or will offer 

3 the job to any eligible United States worker 

4 who applies and is equally or better qualified 

5 for the job for which the nonimmigrant is, or 

6 the nonimmigrants are, sought and who will be 

7 available at the time and place of need. 

8 ‘‘(F) PROVISION OF INSURANCE.—If the 

9 job opportunity is not covered by the State 

10 workers’ compensation law, the employer will 

11 provide, at no cost to the worker, insurance cov12 ering injury and disease arising out of, and in 

13 the course of, the worker’s employment which 

14 will provide benefits at least equal to those pro15 vided under the State’s workers’ compensation 

16 law for comparable employment. 

17 ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY

18 COLLECTIVE BARGAINING AGREEMENTS.—With re19 spect to a job opportunity that is not covered under 

20 a collective bargaining agreement: 

21 ‘‘(A) STRIKE OR LOCKOUT.—The specific 

22 job opportunity for which the employer has ap23 plied for an H–2A worker is not vacant because 

24 the former occupant is on strike or being locked 

25 out in the course of a labor dispute. 


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1 ‘‘(B) TEMPORARY OR SEASONAL JOB OP2 PORTUNITIES.—The job opportunity is tem3 porary or seasonal. 

4 ‘‘(C) BENEFIT, WAGE, AND WORKING CON5 DITIONS.—The employer will provide, at a min6 imum, the benefits, wages, and working condi7 tions required by section 218A to all workers 

8 employed in the job opportunities for which the 

9 employer has applied for an H–2A worker 

10 under subsection (a) and to all other workers in 

11 the same occupation at the place of employ12 ment. 

13 ‘‘(D) NONDISPLACEMENT OF UNITED

14 STATES WORKERS.—The employer did not dis15 place and will not displace a United States 

16 worker employed by the employer during the 

17 period of employment and for a period of 30 

18 days preceding the period of employment in the 

19 occupation at the place of employment for 

20 which the employer has applied for an H–2A 

21 worker. 

22 ‘‘(E) REQUIREMENTS FOR PLACEMENT OF

23 THE NONIMMIGRANT WITH OTHER EMPLOY24 ERS.—The employer will not place the non25 immigrant with another employer unless— 


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1 ‘‘(i) the nonimmigrant performs du2 ties in whole or in part at 1 or more work3 sites owned, operated, or controlled by 

4 such other employer; 

5 ‘‘(ii) there are indicia of an employ6 ment relationship between the non7 immigrant and such other employer; and 

8 ‘‘(iii) the employer has inquired of the 

9 other employer as to whether, and has no 

10 actual knowledge or notice that, during the 

11 period of employment and for a period of 

12 30 days preceding the period of employ13 ment, the other employer has displaced or 

14 intends to displace a United States worker 

15 employed by the other employer in the oc16 cupation at the place of employment for 

17 which the employer seeks approval to em18 ploy H–2A workers. 

19 ‘‘(F) STATEMENT OF LIABILITY.—The ap20 plication form shall include a clear statement 

21 explaining the liability under subparagraph (E) 

22 of an employer if the other employer described 

23 in such subparagraph displaces a United States 

24 worker as described in such subparagraph. 


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1 ‘‘(G) PROVISION OF INSURANCE.—If the 

2 job opportunity is not covered by the State 

3 workers’ compensation law, the employer will 

4 provide, at no cost to the worker, insurance cov5 ering injury and disease arising out of and in 

6 the course of the worker’s employment which 

7 will provide benefits at least equal to those pro8 vided under the State’s workers’ compensation 

9 law for comparable employment. 

10 ‘‘(H) EMPLOYMENT OF UNITED STATES

11 WORKERS.— 

12 ‘‘(i) RECRUITMENT.—The employer 

13 has taken or will take the following steps 

14 to recruit United States workers for the 

15 job opportunities for which the H–2A non16 immigrant is, or H–2A nonimmigrants are, 

17 sought: 

18 ‘‘(I) CONTACTING FORMER

19 WORKERS.—The employer shall make 

20 reasonable efforts through the sending 

21 of a letter by United States Postal 

22 Service mail, or otherwise, to contact 

23 any United States worker the em24 ployer employed during the previous 

25 season in the occupation at the place 


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1 of intended employment for which the 

2 employer is applying for workers and 

3 has made the availability of the em4 ployer’s job opportunities in the occu5 pation at the place of intended em6 ployment known to such previous 

7 workers, unless the worker was termi8 nated from employment by the em9 ployer for a lawful job-related reason 

10 or abandoned the job before the work11 er completed the period of employ12 ment of the job opportunity for which 

13 the worker was hired. 

14 ‘‘(II) FILING A JOB OFFER WITH

15 THE LOCAL OFFICE OF THE STATE

16 EMPLOYMENT SECURITY AGENCY.— 

17 Not later than 28 days before the 

18 date on which the employer desires to 

19 employ an H–2A worker in a tem20 porary or seasonal agricultural job op21 portunity, the employer shall submit a 

22 copy of the job offer described in sub23 section (a)(2) to the local office of the 

24 State employment security agency 

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1 ployment and authorize the posting of 

2 the job opportunity on ‘America’s Job 

3 Bank’ or other electronic job registry, 

4 except that nothing in this subclause 

5 shall require the employer to file an 

6 interstate job order under section 653 

7 of title 20, Code of Federal Regula8 tions. 

9 ‘‘(III) ADVERTISING OF JOB OP10 PORTUNITIES.—Not later than 14 

11 days before the date on which the em12 ployer desires to employ an H–2A 

13 worker in a temporary or seasonal ag14 ricultural job opportunity, the em15 ployer shall advertise the availability 

16 of the job opportunities for which the 

17 employer is seeking workers in a pub18 lication in the local labor market that 

19 is likely to be patronized by potential 

20 farm workers. 

21 ‘‘(IV) EMERGENCY PROCE22 DURES.—The Secretary of Labor 

23 shall, by regulation, provide a proce24 dure for acceptance and approval of 

25 applications in which the employer 


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1 has not complied with the provisions 

2 of this subparagraph because the em3 ployer’s need for H–2A workers could 

4 not reasonably have been foreseen. 

5 ‘‘(ii) JOB OFFERS.—The employer has 

6 offered or will offer the job to any eligible 

7 United States worker who applies and is 

8 equally or better qualified for the job for 

9 which the nonimmigrant is, or non10 immigrants are, sought and who will be 

11 available at the time and place of need. 

12 ‘‘(iii) PERIOD OF EMPLOYMENT.—The 

13 employer will provide employment to any 

14 qualified United States worker who applies 

15 to the employer during the period begin16 ning on the date on which the H–2A work17 er departs for the employer’s place of em18 ployment and ending on the date on which 

19 50 percent of the period of employment for 

20 which the H–2A worker who is in the job 

21 was hired has elapsed, subject to the fol22 lowing requirements: 

23 ‘‘(I) PROHIBITION.—No person 

24 or entity shall willfully and knowingly 

25 withhold United States workers before 


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1 the arrival of H–2A workers in order 

2 to force the hiring of United States 

3 workers under this clause. 

4 ‘‘(II) COMPLAINTS.—Upon re5 ceipt of a complaint by an employer 

6 that a violation of subclause (I) has 

7 occurred, the Secretary of Labor shall 

8 immediately investigate. The Sec9 retary of Labor shall, within 36 hours 

10 of the receipt of the complaint, issue 

11 findings concerning the alleged viola12 tion. If the Secretary of Labor finds 

13 that a violation has occurred, the Sec14 retary of Labor shall immediately sus15 pend the application of this clause 

16 with respect to that certification for 

17 that date of need. 

18 ‘‘(III) PLACEMENT OF UNITED

19 STATES WORKERS.—Before referring 

20 a United States worker to an em21 ployer during the period described in 

22 the matter preceding subclause (I), 

23 the Secretary of Labor shall make all 

24 reasonable efforts to place the United 

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1 able to the worker, if there are other 

2 job offers pending with the job service 

3 that offer similar job opportunities in 

4 the area of intended employment. 

5 ‘‘(iv) STATUTORY CONSTRUCTION.— 

6 Nothing in this subparagraph shall be con7 strued to prohibit an employer from using 

8 such legitimate selection criteria relevant 

9 to the type of job that are normal or cus10 tomary to the type of job involved so long 

11 as such criteria are not applied in a dis12 criminatory manner. 

13 ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BEHALF

14 OF EMPLOYER MEMBERS.— 

15 ‘‘(1) IN GENERAL.—An agricultural association 

16 may file an application under subsection (a) on be17 half of 1 or more of its employer members that the 

18 association certifies in its application has or have 

19 agreed in writing to comply with the requirements of 

20 this section and sections 218A, 218B, and 218C. 

21 ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS

22 EMPLOYERS.—If an association filing an application 

23 under paragraph (1) is a joint or sole employer of 

24 the temporary or seasonal agricultural workers re25 quested on the application, the certifications granted 


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1 under subsection (e)(2)(B) to the association may be 

2 used for the certified job opportunities of any of its 

3 producer members named on the application, and 

4 such workers may be transferred among such pro5 ducer members to perform the agricultural services 

6 of a temporary or seasonal nature for which the cer7 tifications were granted. 

8 ‘‘(d) WITHDRAWAL OF APPLICATIONS.— 

9 ‘‘(1) IN GENERAL.—An employer may withdraw 

10 an application filed pursuant to subsection (a), ex11 cept that if the employer is an agricultural associa12 tion, the association may withdraw an application 

13 filed pursuant to subsection (a) with respect to 1 or 

14 more of its members. To withdraw an application, 

15 the employer or association shall notify the Sec16 retary of Labor in writing, and the Secretary of 

17 Labor shall acknowledge in writing the receipt of 

18 such withdrawal notice. An employer who withdraws 

19 an application under subsection (a), or on whose be20 half an application is withdrawn, is relieved of the 

21 obligations undertaken in the application. 

22 ‘‘(2) LIMITATION.—An application may not be 

23 withdrawn while any alien provided status under sec24 tion 101(a)(15)(H)(ii)(a) pursuant to such applica25 tion is employed by the employer. 


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1 ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— 

2 Any obligation incurred by an employer under any 

3 other law or regulation as a result of the recruit4 ment of United States workers or H–2A workers 

5 under an offer of terms and conditions of employ6 ment required as a result of making an application 

7 under subsection (a) is unaffected by withdrawal of 

8 such application. 

9 ‘‘(e) REVIEW AND APPROVAL OF APPLICATIONS.— 

10 ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The 

11 employer shall make available for public examina12 tion, within 1 working day after the date on which 

13 an application under subsection (a) is filed, at the 

14 employer’s principal place of business or worksite, a 

15 copy of each such application (and such accom16 panying documents as are necessary). 

17 ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF

18 LABOR.— 

19 ‘‘(A) COMPILATION OF LIST.—The Sec20 retary of Labor shall compile, on a current 

21 basis, a list (by employer and by occupational 

22 classification) of the applications filed under 

23 subsection (a). Such list shall include the wage 

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1 retary of Labor shall make such list available 

2 for examination in the District of Columbia. 

3 ‘‘(B) REVIEW OF APPLICATIONS.—The 

4 Secretary of Labor shall review such an applica5 tion only for completeness and obvious inac6 curacies. Unless the Secretary of Labor finds 

7 that the application is incomplete or obviously 

8 inaccurate, the Secretary of Labor shall certify 

9 that the intending employer has filed with the 

10 Secretary of Labor an application as described 

11 in subsection (a). Such certification shall be 

12 provided within 7 days of the filing of the appli13 cation.’’ 

14 ‘‘SEC. 218A. H–2A EMPLOYMENT REQUIREMENTS. 

15 ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS PRO16 HIBITED.—Employers seeking to hire United States work17 ers shall offer the United States workers no less than the 

18 same benefits, wages, and working conditions that the em19 ployer is offering, intends to offer, or will provide to H– 

20 2A workers. Conversely, no job offer may impose on 

21 United States workers any restrictions or obligations 

22 which will not be imposed on the employer’s H–2A work23 ers. 

24 ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORKING

25 CONDITIONS.—Except in cases where higher benefits, 


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1 wages, or working conditions are required by the provi2 sions of subsection (a), in order to protect similarly em3 ployed United States workers from adverse effects with 

4 respect to benefits, wages, and working conditions, every 

5 job offer which shall accompany an application under sec6 tion 218(b)(2) shall include each of the following benefit, 

7 wage, and working condition provisions: 

8 ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A

9 HOUSING ALLOWANCE.— 

10 ‘‘(A) IN GENERAL.—An employer applying 

11 under section 218(a) for H–2A workers shall 

12 offer to provide housing at no cost to all work13 ers in job opportunities for which the employer 

14 has applied under that section and to all other 

15 workers in the same occupation at the place of 

16 employment, whose place of residence is beyond 

17 normal commuting distance. 

18 ‘‘(B) TYPE OF HOUSING.—In complying 

19 with subparagraph (A), an employer may, at 

20 the employer’s election, provide housing that 

21 meets applicable Federal standards for tem22 porary labor camps or secure housing that 

23 meets applicable local standards for rental or 

24 public accommodation housing or other sub25 stantially similar class of habitation, or in the 


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1 absence of applicable local standards, State 

2 standards for rental or public accommodation 

3 housing or other substantially similar class of 

4 habitation. In the absence of applicable local or 

5 State standards, Federal temporary labor camp 

6 standards shall apply. 

7 ‘‘(C) FAMILY HOUSING.—If it is the pre8 vailing practice in the occupation and area of 

9 intended employment to provide family housing, 

10 family housing shall be provided to workers 

11 with families who request it. 

12 ‘‘(D) WORKERS ENGAGED IN THE RANGE

13 PRODUCTION OF LIVESTOCK.—The Secretary of 

14 Labor shall issue regulations that address the 

15 specific requirements for the provision of hous16 ing to workers engaged in the range production 

17 of livestock. 

18 ‘‘(E) LIMITATION.—Nothing in this para19 graph shall be construed to require an employer 

20 to provide or secure housing for persons who 

21 were not entitled to such housing under the 

22 temporary labor certification regulations in ef23 fect on June 1, 1986. 

24 ‘‘(F) CHARGES FOR HOUSING.— 


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1 ‘‘(i) CHARGES FOR PUBLIC HOUS2 ING.—If public housing provided for mi3 grant agricultural workers under the aus4 pices of a local, county, or State govern5 ment is secured by an employer, and use of 

6 the public housing unit normally requires 

7 charges from migrant workers, such 

8 charges shall be paid by the employer di9 rectly to the appropriate individual or enti10 ty affiliated with the housing’s manage11 ment. 

12 ‘‘(ii) DEPOSIT CHARGES.—Charges in 

13 the form of deposits for bedding or other 

14 similar incidentals related to housing shall 

15 not be levied upon workers by employers 

16 who provide housing for their workers. An 

17 employer may require a worker found to 

18 have been responsible for damage to such 

19 housing which is not the result of normal 

20 wear and tear related to habitation to re21 imburse the employer for the reasonable 

22 cost of repair of such damage. 

23 ‘‘(G) HOUSING ALLOWANCE AS ALTER24 NATIVE.— 


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1 ‘‘(i) IN GENERAL.—If the requirement 

2 set out in clause (ii) is satisfied, the em3 ployer may provide a reasonable housing 

4 allowance instead of offering housing 

5 under subparagraph (A). Upon the request 

6 of a worker seeking assistance in locating 

7 housing, the employer shall make a good 

8 faith effort to assist the worker in identi9 fying and locating housing in the area of 

10 intended employment. An employer who of11 fers a housing allowance to a worker, or 

12 assists a worker in locating housing which 

13 the worker occupies, pursuant to this 

14 clause shall not be deemed a housing pro15 vider under section 203 of the Migrant and 

16 Seasonal Agricultural Worker Protection 

17 Act (29 U.S.C. 1823) solely by virtue of 

18 providing such housing allowance. No 

19 housing allowance may be used for housing 

20 which is owned or controlled by the em21 ployer. 

22 ‘‘(ii) CERTIFICATION.—The require23 ment of this clause is satisfied if the Gov24 ernor of the State certifies to the Secretary 

25 of Labor that there is adequate housing 


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1 available in the area of intended employ2 ment for migrant farm workers and H–2A 

3 workers who are seeking temporary hous4 ing while employed in agricultural work. 

5 Such certification shall expire after 3 years 

6 unless renewed by the Governor of the 

7 State. 

8 ‘‘(iii) AMOUNT OF ALLOWANCE.— 

9 ‘‘(I) NONMETROPOLITAN COUN10 TIES.—If the place of employment of 

11 the workers provided an allowance 

12 under this subparagraph is a non13 metropolitan county, the amount of 

14 the housing allowance under this sub15 paragraph shall be equal to the state16 wide average fair market rental for 

17 existing housing for nonmetropolitan 

18 counties for the State, as established 

19 by the Secretary of Housing and 

20 Urban Development pursuant to sec21 tion 8(c) of the United States Hous22 ing Act of 1937 (42 U.S.C. 1437f(c)), 

23 based on a 2-bedroom dwelling unit 

24 and an assumption of 2 persons per 

25 bedroom. 


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1 ‘‘(II) METROPOLITAN COUN2 TIES.—If the place of employment of 

3 the workers provided an allowance 

4 under this paragraph is in a metro5 politan county, the amount of the 

6 housing allowance under this subpara7 graph shall be equal to the statewide 

8 average fair market rental for existing 

9 housing for metropolitan counties for 

10 the State, as established by the Sec11 retary of Housing and Urban Devel12 opment pursuant to section 8(c) of 

13 the United States Housing Act of 

14 1937 (42 U.S.C. 1437f(c)), based on 

15 a 2-bedroom dwelling unit and an as16 sumption of 2 persons per bedroom. 

17 ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— 

18 ‘‘(A) TO PLACE OF EMPLOYMENT.—A 

19 worker who completes 50 percent of the period 

20 of employment of the job opportunity for which 

21 the worker was hired shall be reimbursed by the 

22 employer for the cost of the worker’s transpor23 tation and subsistence from the place from 

24 which the worker came to work for the em25 ployer (or place of last employment, if the 


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1 worker traveled from such place) to the place of 

2 employment. 

3 ‘‘(B) FROM PLACE OF EMPLOYMENT.—A 

4 worker who completes the period of employment 

5 for the job opportunity involved shall be reim6 bursed by the employer for the cost of the 

7 worker’s transportation and subsistence from 

8 the place of employment to the place from 

9 which the worker, disregarding intervening em10 ployment, came to work for the employer, or to 

11 the place of next employment, if the worker has 

12 contracted with a subsequent employer who has 

13 not agreed to provide or pay for the worker’s 

14 transportation and subsistence to such subse15 quent employer’s place of employment. 

16 ‘‘(C) LIMITATION.— 

17 ‘‘(i) AMOUNT OF REIMBURSEMENT.— 

18 Except as provided in clause (ii), the 

19 amount of reimbursement provided under 

20 subparagraph (A) or (B) to a worker or 

21 alien shall not exceed the lesser of— 

22 ‘‘(I) the actual cost to the worker 

23 or alien of the transportation and sub24 sistence involved; or 


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1 ‘‘(II) the most economical and 

2 reasonable common carrier transpor3 tation charges and subsistence costs 

4 for the distance involved. 

5 ‘‘(ii) DISTANCE TRAVELED.—No reim6 bursement under subparagraph (A) or (B) 

7 shall be required if the distance traveled is 

8 100 miles or less, or the worker is not re9 siding in employer-provided housing or 

10 housing secured through an allowance as 

11 provided in paragraph (1)(G). 

12 ‘‘(D) EARLY TERMINATION.—If the worker 

13 is laid off or employment is terminated for con14 tract impossibility (as described in paragraph 

15 (4)(D)) before the anticipated ending date of 

16 employment, the employer shall provide the 

17 transportation and subsistence required by sub18 paragraph (B) and, notwithstanding whether 

19 the worker has completed 50 percent of the pe20 riod of employment, shall provide the transpor21 tation reimbursement required by subparagraph 

22 (A). 

23 ‘‘(E) TRANSPORTATION BETWEEN LIVING

24 QUARTERS AND WORKSITE.—The employer 

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1 er’s living quarters and the employer’s worksite 

2 without cost to the worker, and such transpor3 tation will be in accordance with applicable laws 

4 and regulations. 

5 ‘‘(3) REQUIRED WAGES.— 

6 ‘‘(A) IN GENERAL.—An employer applying 

7 for workers under section 218(a) shall offer to 

8 pay, and shall pay, all workers in the occupa9 tion for which the employer has applied for 

10 workers, not less (and is not required to pay 

11 more) than the greater of the prevailing wage 

12 in the occupation in the area of intended em13 ployment or the adverse effect wage rate. No 

14 worker shall be paid less than the greater of the 

15 hourly wage prescribed under section 6(a)(1) of 

16 the Fair Labor Standards Act of 1938 (29 

17 U.S.C. 206(a)(1)) or the applicable State min18 imum wage. 

19 ‘‘(B) LIMITATION.—Effective on the date 

20 of the enactment of the Agricultural Job Op21 portunities, Benefits, and Security Act of 2007 

22 and continuing for 3 years thereafter, no ad23 verse effect wage rate for a State may be more 

24 than the adverse effect wage rate for that State 

25 in effect on January 1, 2003, as established by 


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1 section 655.107 of title 20, Code of Federal 

2 Regulations. 

3 ‘‘(C) REQUIRED WAGES AFTER 3-YEAR

4 FREEZE.— 

5 ‘‘(i) FIRST ADJUSTMENT.—If Con6 gress does not set a new wage standard 

7 applicable to this section before the first 

8 March 1 that is not less than 3 years after 

9 the date of enactment of this section, the 

10 adverse effect wage rate for each State be11 ginning on such March 1 shall be the wage 

12 rate that would have resulted if the ad13 verse effect wage rate in effect on January 

14 1, 2003, had been annually adjusted, be15 ginning on March 1, 2006, by the lesser 

16 of— 

17 ‘‘(I) the 12-month percentage 

18 change in the Consumer Price Index 

19 for All Urban Consumers between De20 cember of the second preceding year 

21 and December of the preceding year; 

22 and 

23 ‘‘(II) 4 percent. 

24 ‘‘(ii) SUBSEQUENT ANNUAL ADJUST25 MENTS.—Beginning on the first March 1 


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1 that is not less than 4 years after the date 

2 of enactment of this section, and each 

3 March 1 thereafter, the adverse effect 

4 wage rate then in effect for each State 

5 shall be adjusted by the lesser of— 

6 ‘‘(I) the 12-month percentage 

7 change in the Consumer Price Index 

8 for All Urban Consumers between De9 cember of the second preceding year 

10 and December of the preceding year; 

11 and 

12 ‘‘(II) 4 percent. 

13 ‘‘(D) DEDUCTIONS.—The employer shall 

14 make only those deductions from the worker’s 

15 wages that are authorized by law or are reason16 able and customary in the occupation and area 

17 of employment. The job offer shall specify all 

18 deductions not required by law which the em19 ployer will make from the worker’s wages. 

20 ‘‘(E) FREQUENCY OF PAY.—The employer 

21 shall pay the worker not less frequently than 

22 twice monthly, or in accordance with the pre23 vailing practice in the area of employment, 

24 whichever is more frequent. 


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1 ‘‘(F) HOURS AND EARNINGS STATE2 MENTS.—The employer shall furnish to the 

3 worker, on or before each payday, in 1 or more 

4 written statements— 

5 ‘‘(i) the worker’s total earnings for 

6 the pay period; 

7 ‘‘(ii) the worker’s hourly rate of pay, 

8 piece rate of pay, or both; 

9 ‘‘(iii) the hours of employment which 

10 have been offered to the worker (broken 

11 out by hours offered in accordance with 

and over and above the 3 12 ⁄4 guarantee de13 scribed in paragraph (4); 

14 ‘‘(iv) the hours actually worked by the 

15 worker; 

16 ‘‘(v) an itemization of the deductions 

17 made from the worker’s wages; and 

18 ‘‘(vi) if piece rates of pay are used, 

19 the units produced daily. 

20 ‘‘(G) REPORT ON WAGE PROTECTIONS.— 

21 Not later than December 31, 2009, the Comp22 troller General of the United States shall pre23 pare and transmit to the Secretary of Labor, 

24 the Committee on the Judiciary of the Senate, 


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1 and Committee on the Judiciary of the House 

2 of Representatives, a report that addresses— 

3 ‘‘(i) whether the employment of H–2A 

4 or unauthorized aliens in the United States 

5 agricultural workforce has depressed 

6 United States farm worker wages below 

7 the levels that would otherwise have pre8 vailed if alien farm workers had not been 

9 employed in the United States; 

10 ‘‘(ii) whether an adverse effect wage 

11 rate is necessary to prevent wages of 

12 United States farm workers in occupations 

13 in which H–2A workers are employed from 

14 falling below the wage levels that would 

15 have prevailed in the absence of the em16 ployment of H–2A workers in those occu17 pations; 

18 ‘‘(iii) whether alternative wage stand19 ards, such as a prevailing wage standard, 

20 would be sufficient to prevent wages in oc21 cupations in which H–2A workers are em22 ployed from falling below the wage level 

23 that would have prevailed in the absence of 

24 H–2A employment; 


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1 ‘‘(iv) whether any changes are war2 ranted in the current methodologies for 

3 calculating the adverse effect wage rate 

4 and the prevailing wage; and 

5 ‘‘(v) recommendations for future wage 

6 protection under this section. 

7 ‘‘(H) COMMISSION ON WAGE STAND8 ARDS.— 

9 ‘‘(i) ESTABLISHMENT.—There is es10 tablished the Commission on Agricultural 

11 Wage Standards under the H–2A program 

12 (in this subparagraph referred to as the 

13 ‘Commission’). 

14 ‘‘(ii) COMPOSITION.—The Commission 

15 shall consist of 10 members as follows: 

16 ‘‘(I) Four representatives of agri17 cultural employers and 1 representa18 tive of the Department of Agriculture, 

19 each appointed by the Secretary of 

20 Agriculture. 

21 ‘‘(II) Four representatives of ag22 ricultural workers and 1 representa23 tive of the Department of Labor, each 

24 appointed by the Secretary of Labor. 


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1 ‘‘(iii) FUNCTIONS.—The Commission 

2 shall conduct a study that shall address— 

3 ‘‘(I) whether the employment of 

4 H–2A or unauthorized aliens in the 

5 United States agricultural workforce 

6 has depressed United States farm 

7 worker wages below the levels that 

8 would otherwise have prevailed if alien 

9 farm workers had not been employed 

10 in the United States; 

11 ‘‘(II) whether an adverse effect 

12 wage rate is necessary to prevent 

13 wages of United States farm workers 

14 in occupations in which H–2A work15 ers are employed from falling below 

16 the wage levels that would have pre17 vailed in the absence of the employ18 ment of H–2A workers in those occu19 pations; 

20 ‘‘(III) whether alternative wage 

21 standards, such as a prevailing wage 

22 standard, would be sufficient to pre23 vent wages in occupations in which 

24 H–2A workers are employed from fall25 ing below the wage level that would 


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1 have prevailed in the absence of H–2A 

2 employment; 

3 ‘‘(IV) whether any changes are 

4 warranted in the current methodolo5 gies for calculating the adverse effect 

6 wage rate and the prevailing wage 

7 rate; and 

8 ‘‘(V) recommendations for future 

9 wage protection under this section. 

10 ‘‘(iv) FINAL REPORT.—Not later than 

11 December 31, 2009, the Commission shall 

12 submit a report to the Congress setting 

13 forth the findings of the study conducted 

14 under clause (iii). 

15 ‘‘(v) TERMINATION DATE.—The Com16 mission shall terminate upon submitting 

17 its final report. 

18 ‘‘(4) GUARANTEE OF EMPLOYMENT.— 

19 ‘‘(A) OFFER TO WORKER.—The employer 

20 shall guarantee to offer the worker employment 

for the hourly equivalent of at least 3 21 ⁄4 of the 

22 work days of the total period of employment, 

23 beginning with the first work day after the ar24 rival of the worker at the place of employment 

25 and ending on the expiration date specified in 


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1 the job offer. For purposes of this subpara2 graph, the hourly equivalent means the number 

3 of hours in the work days as stated in the job 

4 offer and shall exclude the worker’s Sabbath 

5 and Federal holidays. If the employer affords 

6 the United States or H–2A worker less employ7 ment than that required under this paragraph, 

8 the employer shall pay such worker the amount 

9 which the worker would have earned had the 

10 worker, in fact, worked for the guaranteed 

11 number of hours. 

12 ‘‘(B) FAILURE TO WORK.—Any hours 

13 which the worker fails to work, up to a max14 imum of the number of hours specified in the 

15 job offer for a work day, when the worker has 

16 been offered an opportunity to do so, and all 

17 hours of work actually performed (including vol18 untary work in excess of the number of hours 

19 specified in the job offer in a work day, on the 

20 worker’s Sabbath, or on Federal holidays) may 

21 be counted by the employer in calculating 

22 whether the period of guaranteed employment 

23 has been met. 

24 ‘‘(C) ABANDONMENT OF EMPLOYMENT, 

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1 untarily abandons employment before the end 

2 of the contract period, or is terminated for 

cause, the worker is not entitled to the ‘3 3 ⁄4

4 guarantee’ described in subparagraph (A). 

5 ‘‘(D) CONTRACT IMPOSSIBILITY.—If, be6 fore the expiration of the period of employment 

7 specified in the job offer, the services of the 

8 worker are no longer required for reasons be9 yond the control of the employer due to any 

10 form of natural disaster, including a flood, hur11 ricane, freeze, earthquake, fire, drought, plant 

12 or animal disease or pest infestation, or regu13 latory drought, before the guarantee in sub14 paragraph (A) is fulfilled, the employer may 

15 terminate the worker’s employment. In the 

16 event of such termination, the employer shall 

17 fulfill the employment guarantee in subpara18 graph (A) for the work days that have elapsed 

19 from the first work day after the arrival of the 

20 worker to the termination of employment. In 

21 such cases, the employer will make efforts to 

22 transfer the United States worker to other com23 parable employment acceptable to the worker. If 

24 such transfer is not effected, the employer shall 


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1 provide the return transportation required in 

2 paragraph (2)(D). 

3 ‘‘(5) MOTOR VEHICLE SAFETY.— 

4 ‘‘(A) MODE OF TRANSPORTATION SUBJECT

5 TO COVERAGE.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clauses (iii) and (iv), this sub8 section applies to any H–2A employer that 

9 uses or causes to be used any vehicle to 

10 transport an H–2A worker within the 

11 United States. 

12 ‘‘(ii) DEFINED TERM.—In this para13 graph, the term ‘uses or causes to be 

14 used’— 

15 ‘‘(I) applies only to transpor16 tation provided by an H–2A employer 

17 to an H–2A worker, or by a farm 

18 labor contractor to an H–2A worker 

19 at the request or direction of an H– 

20 2A employer; and 

21 ‘‘(II) does not apply to— 

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1 cally requested or arranged such 

2 transportation; or 

3 ‘‘(bb) car pooling arrange4 ments made by H–2A workers 

5 themselves, using 1 of the work6 ers’ own vehicles, unless specifi7 cally requested by the employer 

8 directly or through a farm labor 

9 contractor. 

10 ‘‘(iii) CLARIFICATION.—Providing a 

11 job offer to an H–2A worker that causes 

12 the worker to travel to or from the place 

13 of employment, or the payment or reim14 bursement of the transportation costs of 

15 an H–2A worker by an H–2A employer, 

16 shall not constitute an arrangement of, or 

17 participation in, such transportation. 

18 ‘‘(iv) AGRICULTURAL MACHINERY AND

19 EQUIPMENT EXCLUDED.—This subsection 

20 does not apply to the transportation of an 

21 H–2A worker on a tractor, combine, har22 vester, picker, or other similar machinery 

23 or equipment while such worker is actually 

24 engaged in the planting, cultivating, or 

25 harvesting of agricultural commodities or 


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1 the care of livestock or poultry or engaged 

2 in transportation incidental thereto. 

3 ‘‘(v) COMMON CARRIERS EX4 CLUDED.—This subsection does not apply 

5 to common carrier motor vehicle transpor6 tation in which the provider holds itself out 

7 to the general public as engaging in the 

8 transportation of passengers for hire and 

9 holds a valid certification of authorization 

10 for such purposes from an appropriate 

11 Federal, State, or local agency. 

12 ‘‘(B) APPLICABILITY OF STANDARDS, LI13 CENSING, AND INSURANCE REQUIREMENTS.— 

14 ‘‘(i) IN GENERAL.—When using, or 

15 causing to be used, any vehicle for the pur16 pose of providing transportation to which 

17 this subparagraph applies, each employer 

18 shall— 

19 ‘‘(I) ensure that each such vehi20 cle conforms to the standards pre21 scribed by the Secretary of Labor 

22 under section 401(b) of the Migrant 

23 and Seasonal Agricultural Worker 

24 Protection Act (29 U.S.C. 1841(b)) 


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1 and other applicable Federal and 

2 State safety standards; 

3 ‘‘(II) ensure that each driver has 

4 a valid and appropriate license, as 

5 provided by State law, to operate the 

6 vehicle; and 

7 ‘‘(III) have an insurance policy 

8 or a liability bond that is in effect 

9 which insures the employer against li10 ability for damage to persons or prop11 erty arising from the ownership, oper12 ation, or causing to be operated, of 

13 any vehicle used to transport any H– 

14 2A worker. 

15 ‘‘(ii) AMOUNT OF INSURANCE RE16 QUIRED.—The level of insurance required 

17 shall be determined by the Secretary of 

18 Labor pursuant to regulations to be issued 

19 under this subsection. 

20 ‘‘(iii) EFFECT OF WORKERS’ COM21 PENSATION COVERAGE.—If the employer 

22 of any H–2A worker provides workers’ 

23 compensation coverage for such worker in 

24 the case of bodily injury or death as pro25 vided by State law, the following adjustVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 ments in the requirements of subparagraph 

2 (B)(i)(III) relating to having an insurance 

3 policy or liability bond apply: 

4 ‘‘(I) No insurance policy or liabil5 ity bond shall be required of the em6 ployer, if such workers are trans7 ported only under circumstances for 

8 which there is coverage under such 

9 State law. 

10 ‘‘(II) An insurance policy or li11 ability bond shall be required of the 

12 employer for circumstances under 

13 which coverage for the transportation 

14 of such workers is not provided under 

15 such State law. 

16 ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An em17 ployer shall assure that, except as otherwise provided in 

18 this section, the employer will comply with all applicable 

19 Federal, State, and local labor laws, including laws affect20 ing migrant and seasonal agricultural workers, with re21 spect to all United States workers and alien workers em22 ployed by the employer, except that a violation of this as23 surance shall not constitute a violation of the Migrant and 

24 Seasonal Agricultural Worker Protection Act (29 U.S.C. 

25 1801 et seq.). 


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1 ‘‘(d) COPY OF JOB OFFER.—The employer shall pro2 vide to the worker, not later than the day the work com3 mences, a copy of the employer’s application and job offer 

4 described in section 218(a), or, if the employer will require 

5 the worker to enter into a separate employment contract 

6 covering the employment in question, such separate em7 ployment contract. 

8 ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.—Nothing 

9 in this section, section 218, or section 218B shall preclude 

10 the Secretary of Labor and the Secretary from continuing 

11 to apply special procedures and requirements to the ad12 mission and employment of aliens in occupations involving 

13 the range production of livestock. 

14 ‘‘SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION 

15 OF STAY OF H–2A WORKERS. 

16 ‘‘(a) PETITIONING FOR ADMISSION.—An employer, 

17 or an association acting as an agent or joint employer for 

18 its members, that seeks the admission into the United 

19 States of an H–2A worker may file a petition with the 

20 Secretary. The petition shall be accompanied by an accept21 ed and currently valid certification provided by the Sec22 retary of Labor under section 218(e)(2)(B) covering the 

23 petitioner. 

24 ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC25 RETARY.—The Secretary shall establish a procedure for 


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1 expedited adjudication of petitions filed under subsection 

2 (a) and within 7 working days shall, by fax, cable, or other 

3 means assuring expedited delivery, transmit a copy of no4 tice of action on the petition to the petitioner and, in the 

5 case of approved petitions, to the appropriate immigration 

6 officer at the port of entry or United States consulate (as 

7 the case may be) where the petitioner has indicated that 

8 the alien beneficiary (or beneficiaries) will apply for a visa 

9 or admission to the United States. 

10 ‘‘(c) CRITERIA FOR ADMISSIBILITY.— 

11 ‘‘(1) IN GENERAL.—An H–2A worker shall be 

12 considered admissible to the United States if the 

13 alien is otherwise admissible under this section, sec14 tion 218, and section 218A, and the alien is not in15 eligible under paragraph (2). 

16 ‘‘(2) DISQUALIFICATION.—An alien shall be 

17 considered inadmissible to the United States and in18 eligible for nonimmigrant status under section 

19 101(a)(15)(H)(ii)(a) if the alien has, at any time 

20 during the past 5 years— 

21 ‘‘(A) violated a material provision of this 

22 section, including the requirement to promptly 

23 depart the United States when the alien’s au24 thorized period of admission under this section 

25 has expired; or 


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1 ‘‘(B) otherwise violated a term or condition 

2 of admission into the United States as a non3 immigrant, including overstaying the period of 

4 authorized admission as such a nonimmigrant. 

5 ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW6 FUL PRESENCE.— 

7 ‘‘(A) IN GENERAL.—An alien who has not 

8 previously been admitted into the United States 

9 pursuant to this section, and who is otherwise 

10 eligible for admission in accordance with para11 graphs (1) and (2), shall not be deemed inad12 missible by virtue of section 212(a)(9)(B). If an 

13 alien described in the preceding sentence is 

14 present in the United States, the alien may 

15 apply from abroad for H–2A status, but may 

16 not be granted that status in the United States. 

17 ‘‘(B) MAINTENANCE OF WAIVER.—An 

18 alien provided an initial waiver of ineligibility 

19 pursuant to subparagraph (A) shall remain eli20 gible for such waiver unless the alien violates 

21 the terms of this section or again becomes ineli22 gible under section 212(a)(9)(B) by virtue of 

23 unlawful presence in the United States after 

24 the date of the initial waiver of ineligibility pur25 suant to subparagraph (A). 


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1 ‘‘(d) PERIOD OF ADMISSION.— 

2 ‘‘(1) IN GENERAL.—The alien shall be admitted 

3 for the period of employment in the application cer4 tified by the Secretary of Labor pursuant to section 

5 218(e)(2)(B), not to exceed 10 months, supple6 mented by a period of not more than 1 week before 

7 the beginning of the period of employment for the 

8 purpose of travel to the worksite and a period of 14 

9 days following the period of employment for the pur10 pose of departure or extension based on a subse11 quent offer of employment, except that— 

12 ‘‘(A) the alien is not authorized to be em13 ployed during such 14-day period except in the 

14 employment for which the alien was previously 

15 authorized; and 

16 ‘‘(B) the total period of employment, in17 cluding such 14-day period, may not exceed 10 

18 months. 

19 ‘‘(2) CONSTRUCTION.—Nothing in this sub20 section shall limit the authority of the Secretary to 

21 extend the stay of the alien under any other provi22 sion of this Act. 

23 ‘‘(e) ABANDONMENT OF EMPLOYMENT.— 

24 ‘‘(1) IN GENERAL.—An alien admitted or pro25 vided status under section 101(a)(15)(H)(ii)(a) who 


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1 abandons the employment which was the basis for 

2 such admission or status shall be considered to have 

3 failed to maintain nonimmigrant status as an H–2A 

4 worker and shall depart the United States or be sub5 ject to removal under section 237(a)(1)(C)(i). 

6 ‘‘(2) REPORT BY EMPLOYER.—The employer, or 

7 association acting as agent for the employer, shall 

8 notify the Secretary not later than 7 days after an 

9 H–2A worker prematurely abandons employment. 

10 ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec11 retary shall promptly remove from the United States 

12 any H–2A worker who violates any term or condi13 tion of the worker’s nonimmigrant status. 

14 ‘‘(4) VOLUNTARY TERMINATION.—Notwith15 standing paragraph (1), an alien may voluntarily 

16 terminate his or her employment if the alien prompt17 ly departs the United States upon termination of 

18 such employment. 

19 ‘‘(f) REPLACEMENT OF ALIEN.— 

20 ‘‘(1) IN GENERAL.—Upon presentation of the 

21 notice to the Secretary required by subsection (e)(2), 

22 the Secretary of State shall promptly issue a visa to, 

23 and the Secretary shall admit into the United 

24 States, an eligible alien designated by the employer 

25 to replace an H–2A worker— 


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1 ‘‘(A) who abandons or prematurely termi2 nates employment; or 

3 ‘‘(B) whose employment is terminated 

4 after a United States worker is employed pur5 suant to section 218(b)(2)(H)(iii), if the United 

6 States worker voluntarily departs before the 

7 end of the period of intended employment or if 

8 the employment termination is for a lawful job9 related reason. 

10 ‘‘(2) CONSTRUCTION.—Nothing in this sub11 section is intended to limit any preference required 

12 to be accorded United States workers under any 

13 other provision of this Act. 

14 ‘‘(g) IDENTIFICATION DOCUMENT.— 

15 ‘‘(1) IN GENERAL.—Each alien authorized to be 

16 admitted under section 101(a)(15)(H)(ii)(a) shall be 

17 provided an identification and employment eligibility 

18 document to verify eligibility for employment in the 

19 United States and verify the alien’s identity. 

20 ‘‘(2) REQUIREMENTS.—No identification and 

21 employment eligibility document may be issued 

22 which does not meet the following requirements: 

23 ‘‘(A) The document shall be capable of re24 liably determining whether— 


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1 ‘‘(i) the individual with the identifica2 tion and employment eligibility document 

3 whose eligibility is being verified is in fact 

4 eligible for employment; 

5 ‘‘(ii) the individual whose eligibility is 

6 being verified is claiming the identity of 

7 another person; and 

8 ‘‘(iii) the individual whose eligibility is 

9 being verified is authorized to be admitted 

10 into, and employed in, the United States 

11 as an H–2A worker. 

12 ‘‘(B) The document shall be in a form that 

13 is resistant to counterfeiting and to tampering. 

14 ‘‘(C) The document shall— 

15 ‘‘(i) be compatible with other data16 bases of the Secretary for the purpose of 

17 excluding aliens from benefits for which 

18 they are not eligible and determining 

19 whether the alien is unlawfully present in 

20 the United States; and 

21 ‘‘(ii) be compatible with law enforce22 ment databases to determine if the alien 

23 has been convicted of criminal offenses. 

24 ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN THE

25 UNITED STATES.— 


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1 ‘‘(1) EXTENSION OF STAY.—If an employer 

2 seeks approval to employ an H–2A alien who is law3 fully present in the United States, the petition filed 

4 by the employer or an association pursuant to sub5 section (a), shall request an extension of the alien’s 

6 stay and a change in the alien’s employment. 

7 ‘‘(2) LIMITATION ON FILING A PETITION FOR

8 EXTENSION OF STAY.—A petition may not be filed 

9 for an extension of an alien’s stay— 

10 ‘‘(A) for a period of more than 10 months; 

11 or 

12 ‘‘(B) to a date that is more than 3 years 

13 after the date of the alien’s last admission to 

14 the United States under this section. 

15 ‘‘(3) WORK AUTHORIZATION UPON FILING A

16 PETITION FOR EXTENSION OF STAY.— 

17 ‘‘(A) IN GENERAL.—An alien who is law18 fully present in the United States may com19 mence the employment described in a petition 

20 under paragraph (1) on the date on which the 

21 petition is filed. 

22 ‘‘(B) DEFINITION.—For purposes of sub23 paragraph (A), the term ‘file’ means sending 

24 the petition by certified mail via the United 

25 States Postal Service, return receipt requested, 


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1 or delivered by guaranteed commercial delivery 

2 which will provide the employer with a docu3 mented acknowledgment of the date of receipt 

4 of the petition. 

5 ‘‘(C) HANDLING OF PETITION.—The em6 ployer shall provide a copy of the employer’s pe7 tition to the alien, who shall keep the petition 

8 with the alien’s identification and employment 

9 eligibility document as evidence that the peti10 tion has been filed and that the alien is author11 ized to work in the United States. 

12 ‘‘(D) APPROVAL OF PETITION.—Upon ap13 proval of a petition for an extension of stay or 

14 change in the alien’s authorized employment, 

15 the Secretary shall provide a new or updated 

16 employment eligibility document to the alien in17 dicating the new validity date, after which the 

18 alien is not required to retain a copy of the pe19 tition. 

20 ‘‘(4) LIMITATION ON EMPLOYMENT AUTHORIZA21 TION OF ALIENS WITHOUT VALID IDENTIFICATION

22 AND EMPLOYMENT ELIGIBILITY DOCUMENT.—An ex23 pired identification and employment eligibility docu24 ment, together with a copy of a petition for exten25 sion of stay or change in the alien’s authorized emVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 ployment that complies with the requirements of 

2 paragraph (1), shall constitute a valid work author3 ization document for a period of not more than 60 

4 days beginning on the date on which such petition 

5 is filed, after which time only a currently valid iden6 tification and employment eligibility document shall 

7 be acceptable. 

8 ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN

9 STATUS.— 

10 ‘‘(A) MAXIMUM PERIOD.—The maximum 

11 continuous period of authorized status as an 

12 H–2A worker (including any extensions) is 3 

13 years. 

14 ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE

15 THE UNITED STATES.— 

16 ‘‘(i) IN GENERAL.—Subject to clause 

17 (ii), in the case of an alien outside the 

18 United States whose period of authorized 

19 status as an H–2A worker (including any 

20 extensions) has expired, the alien may not 

21 again apply for admission to the United 

22 States as an H–2A worker unless the alien 

23 has remained outside the United States for 

a continuous period equal to at least 1 24 ⁄5

25 the duration of the alien’s previous period 


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1 of authorized status as an H–2A worker 

2 (including any extensions). 

3 ‘‘(ii) EXCEPTION.—Clause (i) shall 

4 not apply in the case of an alien if the 

5 alien’s period of authorized status as an 

6 H–2A worker (including any extensions) 

7 was for a period of not more than 10 

8 months and such alien has been outside 

9 the United States for at least 2 months 

10 during the 12 months preceding the date 

11 the alien again is applying for admission to 

12 the United States as an H–2A worker. 

13 ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED AS

14 SHEEPHERDERS, GOAT HERDERS, OR DAIRY WORK15 ERS.—Notwithstanding any provision of the Agricultural 

16 Job Opportunities, Benefits, and Security Act of 2007, an 

17 alien admitted under section 101(a)(15)(H)(ii)(a) for em18 ployment as a sheepherder, goat herder, or dairy worker— 

19 ‘‘(1) may be admitted for an initial period of 12 

20 months; 

21 ‘‘(2) subject to subsection (j)(5), may have such 

22 initial period of admission extended for a period of 

23 up to 3 years; and 


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1 ‘‘(3) shall not be subject to the requirements of 

2 subsection (h)(5) (relating to periods of absence 

3 from the United States). 

4 ‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT RESI5 DENT STATUS FOR ALIENS EMPLOYED AS SHEEP6 HERDERS, GOAT HERDERS, OR DAIRY WORKERS.— 

7 ‘‘(1) ELIGIBLE ALIEN.—For purposes of this 

8 subsection, the term ‘eligible alien’ means an alien— 

9 ‘‘(A) having nonimmigrant status under 

10 section 101(a)(15)(H)(ii)(a) based on employ11 ment as a sheepherder, goat herder, or dairy 

12 worker; 

13 ‘‘(B) who has maintained such non14 immigrant status in the United States for a cu15 mulative total of 36 months (excluding any pe16 riod of absence from the United States); and 

17 ‘‘(C) who is seeking to receive an immi18 grant visa under section 203(b)(3)(A)(iii). 

19 ‘‘(2) CLASSIFICATION PETITION.—In the case 

20 of an eligible alien, the petition under section 204 

21 for classification under section 203(b)(3)(A)(iii) may 

22 be filed by— 

23 ‘‘(A) the alien’s employer on behalf of the 

24 eligible alien; or 

25 ‘‘(B) the eligible alien. 


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1 ‘‘(3) NO LABOR CERTIFICATION REQUIRED.— 

2 Notwithstanding section 203(b)(3)(C), no deter3 mination under section 212(a)(5)(A) is required with 

4 respect to an immigrant visa described in paragraph 

5 (1)(C) for an eligible alien. 

6 ‘‘(4) EFFECT OF PETITION.—The filing of a pe7 tition described in paragraph (2) or an application 

8 for adjustment of status based on the approval of 

9 such a petition shall not constitute evidence of an 

10 alien’s ineligibility for nonimmigrant status under 

11 section 101(a)(15)(H)(ii)(a). 

12 ‘‘(5) EXTENSION OF STAY.—The Secretary 

13 shall extend the stay of an eligible alien having a 

14 pending or approved classification petition described 

15 in paragraph (2) in 1-year increments until a final 

16 determination is made on the alien’s eligibility for 

17 adjustment of status to that of an alien lawfully ad18 mitted for permanent residence. 

19 ‘‘(6) CONSTRUCTION.—Nothing in this sub20 section shall be construed to prevent an eligible alien 

21 from seeking adjustment of status in accordance 

22 with any other provision of law. 

23 ‘‘SEC. 218C. WORKER PROTECTIONS AND LABOR STAND24 ARDS ENFORCEMENT. 

25 ‘‘(a) ENFORCEMENT AUTHORITY.— 


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1 ‘‘(1) INVESTIGATION OF COMPLAINTS.— 

2 ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY

3 COMPLAINTS.—The Secretary of Labor shall es4 tablish a process for the receipt, investigation, 

5 and disposition of complaints respecting a peti6 tioner’s failure to meet a condition specified in 

7 section 218(b), or an employer’s misrepresenta8 tion of material facts in an application under 

9 section 218(a). Complaints may be filed by any 

10 aggrieved person or organization (including bar11 gaining representatives). No investigation or 

12 hearing shall be conducted on a complaint con13 cerning such a failure or misrepresentation un14 less the complaint was filed not later than 12 

15 months after the date of the failure, or mis16 representation, respectively. The Secretary of 

17 Labor shall conduct an investigation under this 

18 subparagraph if there is reasonable cause to be19 lieve that such a failure or misrepresentation 

20 has occurred. 

21 ‘‘(B) DETERMINATION ON COMPLAINT.— 

22 Under such process, the Secretary of Labor 

23 shall provide, within 30 days after the date 

24 such a complaint is filed, for a determination as 

25 to whether or not a reasonable basis exists to 


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•HR 1645 IH

1 make a finding described in subparagraph (C), 

2 (D), (E), or (G). If the Secretary of Labor de3 termines that such a reasonable basis exists, 

4 the Secretary of Labor shall provide for notice 

5 of such determination to the interested parties 

6 and an opportunity for a hearing on the com7 plaint, in accordance with section 556 of title 5, 

8 United States Code, within 60 days after the 

9 date of the determination. If such a hearing is 

10 requested, the Secretary of Labor shall make a 

11 finding concerning the matter not later than 60 

12 days after the date of the hearing. In the case 

13 of similar complaints respecting the same appli14 cant, the Secretary of Labor may consolidate 

15 the hearings under this subparagraph on such 

16 complaints. 

17 ‘‘(C) FAILURES TO MEET CONDITIONS.—If 

18 the Secretary of Labor finds, after notice and 

19 opportunity for a hearing, a failure to meet a 

20 condition of paragraph (1)(A), (1)(B), (1)(D), 

21 (1)(F), (2)(A), (2)(B), or (2)(G) of section 

22 218(b), a substantial failure to meet a condition 

23 of paragraph (1)(C), (1)(E), (2)(C), (2)(D), 

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1 rial misrepresentation of fact in an application 

2 under section 218(a)— 

3 ‘‘(i) the Secretary of Labor shall no4 tify the Secretary of such finding and may, 

5 in addition, impose such other administra6 tive remedies (including civil money pen7 alties in an amount not to exceed $1,000 

8 per violation) as the Secretary of Labor 

9 determines to be appropriate; and 

10 ‘‘(ii) the Secretary may disqualify the 

11 employer from the employment of aliens 

12 described in section 101(a)(15)(H)(ii)(a) 

13 for a period of 1 year. 

14 ‘‘(D) WILLFUL FAILURES AND WILLFUL

15 MISREPRESENTATIONS.—If the Secretary of 

16 Labor finds, after notice and opportunity for 

17 hearing, a willful failure to meet a condition of 

18 section 218(b), a willful misrepresentation of a 

19 material fact in an application under section 

20 218(a), or a violation of subsection (d)(1)— 

21 ‘‘(i) the Secretary of Labor shall no22 tify the Secretary of such finding and may, 

23 in addition, impose such other administra24 tive remedies (including civil money pen25 alties in an amount not to exceed $5,000 


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•HR 1645 IH

1 per violation) as the Secretary of Labor 

2 determines to be appropriate; 

3 ‘‘(ii) the Secretary of Labor may seek 

4 appropriate legal or equitable relief to ef5 fectuate the purposes of subsection (d)(1); 

6 and 

7 ‘‘(iii) the Secretary may disqualify the 

8 employer from the employment of H–2A 

9 workers for a period of 2 years. 

10 ‘‘(E) DISPLACEMENT OF UNITED STATES

11 WORKERS.—If the Secretary of Labor finds, 

12 after notice and opportunity for hearing, a will13 ful failure to meet a condition of section 218(b) 

14 or a willful misrepresentation of a material fact 

15 in an application under section 218(a), in the 

16 course of which failure or misrepresentation the 

17 employer displaced a United States worker em18 ployed by the employer during the period of em19 ployment on the employer’s application under 

20 section 218(a) or during the period of 30 days 

21 preceding such period of employment— 

22 ‘‘(i) the Secretary of Labor shall no23 tify the Secretary of such finding and may, 

24 in addition, impose such other administra25 tive remedies (including civil money penVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 alties in an amount not to exceed $15,000 

2 per violation) as the Secretary of Labor 

3 determines to be appropriate; and 

4 ‘‘(ii) the Secretary may disqualify the 

5 employer from the employment of H–2A 

6 workers for a period of 3 years. 

7 ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN8 ALTIES.—The Secretary of Labor shall not im9 pose total civil money penalties with respect to 

10 an application under section 218(a) in excess of 

11 $90,000. 

12 ‘‘(G) FAILURES TO PAY WAGES OR RE13 QUIRED BENEFITS.—If the Secretary of Labor 

14 finds, after notice and opportunity for a hear15 ing, that the employer has failed to pay the 

16 wages, or provide the housing allowance, trans17 portation, subsistence reimbursement, or guar18 antee of employment, required under section 

19 218A(b), the Secretary of Labor shall assess 

20 payment of back wages, or other required bene21 fits, due any United States worker or H–2A 

22 worker employed by the employer in the specific 

23 employment in question. The back wages or 

24 other required benefits under section 218A(b) 

25 shall be equal to the difference between the 


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1 amount that should have been paid and the 

2 amount that actually was paid to such worker. 

3 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in 

4 this section shall be construed as limiting the au5 thority of the Secretary of Labor to conduct any 

6 compliance investigation under any other labor law, 

7 including any law affecting migrant and seasonal ag8 ricultural workers, or, in the absence of a complaint 

9 under this section, under section 218 or 218A. 

10 ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE RIGHT OF

11 ACTION.—H–2A workers may enforce the following rights 

12 through the private right of action provided in subsection 

13 (c), and no other right of action shall exist under Federal 

14 or State law to enforce such rights: 

15 ‘‘(1) The providing of housing or a housing al16 lowance as required under section 218A(b)(1). 

17 ‘‘(2) The reimbursement of transportation as 

18 required under section 218A(b)(2). 

19 ‘‘(3) The payment of wages required under sec20 tion 218A(b)(3) when due. 

21 ‘‘(4) The benefits and material terms and con22 ditions of employment expressly provided in the job 

23 offer described in section 218(a)(2), not including 

24 the assurance to comply with other Federal, State, 

25 and local labor laws described in section 218A(c), 


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1 compliance with which shall be governed by the pro2 visions of such laws. 

3 ‘‘(5) The guarantee of employment required 

4 under section 218A(b)(4). 

5 ‘‘(6) The motor vehicle safety requirements 

6 under section 218A(b)(5). 

7 ‘‘(7) The prohibition of discrimination under 

8 subsection (d)(2). 

9 ‘‘(c) PRIVATE RIGHT OF ACTION.— 

10 ‘‘(1) MEDIATION.—Upon the filing of a com11 plaint by an H–2A worker aggrieved by a violation 

12 of rights enforceable under subsection (b), and with13 in 60 days of the filing of proof of service of the 

14 complaint, a party to the action may file a request 

15 with the Federal Mediation and Conciliation Service 

16 to assist the parties in reaching a satisfactory reso17 lution of all issues involving all parties to the dis18 pute. Upon a filing of such request and giving of no19 tice to the parties, the parties shall attempt medi20 ation within the period specified in subparagraph 

21 (B). 

22 ‘‘(A) MEDIATION SERVICES.—The Federal 

23 Mediation and Conciliation Service shall be 

24 available to assist in resolving disputes arising 

25 under subsection (b) between H–2A workers 


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•HR 1645 IH

1 and agricultural employers without charge to 

2 the parties. 

3 ‘‘(B) 90-DAY LIMIT.—The Federal Medi4 ation and Conciliation Service may conduct me5 diation or other nonbinding dispute resolution 

6 activities for a period not to exceed 90 days be7 ginning on the date on which the Federal Medi8 ation and Conciliation Service receives the re9 quest for assistance unless the parties agree to 

10 an extension of this period of time. 

11 ‘‘(C) AUTHORIZATION.— 

12 ‘‘(i) IN GENERAL.—Subject to clause 

13 (ii), there are authorized to be appro14 priated to the Federal Mediation and Con15 ciliation Service $500,000 for each fiscal 

16 year to carry out this section. 

17 ‘‘(ii) MEDIATION.—Notwithstanding 

18 any other provision of law, the Director of 

19 the Federal Mediation and Conciliation 

20 Service is authorized to conduct the medi21 ation or other dispute resolution activities 

22 from any other appropriated funds avail23 able to the Director and to reimburse such 

24 appropriated funds when the funds are ap25 propriated pursuant to this authorization, 


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1 such reimbursement to be credited to ap2 propriations currently available at the time 

3 of receipt. 

4 ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS5 TRICT COURT BY AGGRIEVED PERSON.—An H–2A 

6 worker aggrieved by a violation of rights enforceable 

7 under subsection (b) by an agricultural employer or 

8 other person may file suit in any district court of the 

9 United States having jurisdiction over the parties, 

10 without regard to the amount in controversy, with11 out regard to the citizenship of the parties, and 

12 without regard to the exhaustion of any alternative 

13 administrative remedies under this Act, not later 

14 than 3 years after the date the violation occurs. 

15 ‘‘(3) ELECTION.—An H–2A worker who has 

16 filed an administrative complaint with the Secretary 

17 of Labor may not maintain a civil action under 

18 paragraph (2) unless a complaint based on the same 

19 violation filed with the Secretary of Labor under 

20 subsection (a)(1) is withdrawn before the filing of 

21 such action, in which case the rights and remedies 

22 available under this subsection shall be exclusive. 

23 ‘‘(4) PREEMPTION OF STATE CONTRACT

24 RIGHTS.—Nothing in this Act shall be construed to 

25 diminish the rights and remedies of an H–2A worker 


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1 under any other Federal or State law or regulation 

2 or under any collective bargaining agreement, except 

3 that no court or administrative action shall be avail4 able under any State contract law to enforce the 

5 rights created by this Act. 

6 ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree7 ments by employees purporting to waive or modify 

8 their rights under this Act shall be void as contrary 

9 to public policy, except that a waiver or modification 

10 of the rights or obligations in favor of the Secretary 

11 of Labor shall be valid for purposes of the enforce12 ment of this Act. The preceding sentence may not 

13 be construed to prohibit agreements to settle private 

14 disputes or litigation. 

15 ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI16 TABLE RELIEF.— 

17 ‘‘(A) If the court finds that the respondent 

18 has intentionally violated any of the rights en19 forceable under subsection (b), it shall award 

20 actual damages, if any, or equitable relief. 

21 ‘‘(B) Any civil action brought under this 

22 section shall be subject to appeal as provided in 

23 chapter 83 of title 28, United States Code. 

24 ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX25 CLUSIVE REMEDY.— 


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1 ‘‘(A) Notwithstanding any other provision 

2 of this section, where a State’s workers’ com3 pensation law is applicable and coverage is pro4 vided for an H–2A worker, the workers’ com5 pensation benefits shall be the exclusive remedy 

6 for the loss of such worker under this section 

7 in the case of bodily injury or death in accord8 ance with such State’s workers’ compensation 

9 law. 

10 ‘‘(B) The exclusive remedy prescribed in 

11 subparagraph (A) precludes the recovery under 

12 paragraph (6) of actual damages for loss from 

13 an injury or death but does not preclude other 

14 equitable relief, except that such relief shall not 

15 include back or front pay or in any manner, di16 rectly or indirectly, expand or otherwise alter or 

17 affect— 

18 ‘‘(i) a recovery under a State workers’ 

19 compensation law; or 

20 ‘‘(ii) rights conferred under a State 

21 workers’ compensation law. 

22 ‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— 

23 If it is determined under a State workers’ compensa24 tion law that the workers’ compensation law is not 

25 applicable to a claim for bodily injury or death of an 


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1 H–2A worker, the statute of limitations for bringing 

2 an action for actual damages for such injury or 

3 death under subsection (c) shall be tolled for the pe4 riod during which the claim for such injury or death 

5 under such State workers’ compensation law was 

6 pending. The statute of limitations for an action for 

7 actual damages or other equitable relief arising out 

8 of the same transaction or occurrence as the injury 

9 or death of the H–2A worker shall be tolled for the 

10 period during which the claim for such injury or 

11 death was pending under the State workers’ com12 pensation law. 

13 ‘‘(9) PRECLUSIVE EFFECT.—Any settlement by 

14 an H–2A worker and an H–2A employer or any per15 son reached through the mediation process required 

16 under subsection (c)(1) shall preclude any right of 

17 action arising out of the same facts between the par18 ties in any Federal or State court or administrative 

19 proceeding, unless specifically provided otherwise in 

20 the settlement agreement. 

21 ‘‘(10) SETTLEMENTS.—Any settlement by the 

22 Secretary of Labor with an H–2A employer on be23 half of an H–2A worker of a complaint filed with the 

24 Secretary of Labor under this section or any finding 

25 by the Secretary of Labor under subsection 


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1 (a)(1)(B) shall preclude any right of action arising 

2 out of the same facts between the parties under any 

3 Federal or State court or administrative proceeding, 

4 unless specifically provided otherwise in the settle5 ment agreement. 

6 ‘‘(d) DISCRIMINATION PROHIBITED.— 

7 ‘‘(1) IN GENERAL.—It is a violation of this sub8 section for any person who has filed an application 

9 under section 218(a), to intimidate, threaten, re10 strain, coerce, blacklist, discharge, or in any other 

11 manner discriminate against an employee (which 

12 term, for purposes of this subsection, includes a 

13 former employee and an applicant for employment) 

14 because the employee has disclosed information to 

15 the employer, or to any other person, that the em16 ployee reasonably believes evidences a violation of 

17 section 218 or 218A or any rule or regulation per18 taining to section 218 or 218A, or because the em19 ployee cooperates or seeks to cooperate in an inves20 tigation or other proceeding concerning the employ21 er’s compliance with the requirements of section 218 

22 or 218A or any rule or regulation pertaining to ei23 ther of such sections. 

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1 son who has filed an application under section 

2 218(a), to intimidate, threaten, restrain, coerce, 

3 blacklist, discharge, or in any manner discriminate 

4 against an H–2A employee because such worker has, 

5 with just cause, filed a complaint with the Secretary 

6 of Labor regarding a denial of the rights enumer7 ated and enforceable under subsection (b) or insti8 tuted, or caused to be instituted, a private right of 

9 action under subsection (c) regarding the denial of 

10 the rights enumerated under subsection (b), or has 

11 testified or is about to testify in any court pro12 ceeding brought under subsection (c). 

13 ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO14 PRIATE EMPLOYMENT.—The Secretary of Labor and the 

15 Secretary shall establish a process under which an H–2A 

16 worker who files a complaint regarding a violation of sub17 section (d) and is otherwise eligible to remain and work 

18 in the United States may be allowed to seek other appro19 priate employment in the United States for a period not 

20 to exceed the maximum period of stay authorized for such 

21 nonimmigrant classification. 

22 ‘‘(f) ROLE OF ASSOCIATIONS.— 

23 ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA24 TION.—An employer on whose behalf an application 

25 is filed by an association acting as its agent is fully 


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1 responsible for such application, and for complying 

2 with the terms and conditions of sections 218 and 

3 218A, as though the employer had filed the applica4 tion itself. If such an employer is determined, under 

5 this section, to have committed a violation, the pen6 alty for such violation shall apply only to that mem7 ber of the association unless the Secretary of Labor 

8 determines that the association or other member 

9 participated in, had knowledge, or reason to know, 

10 of the violation, in which case the penalty shall be 

11 invoked against the association or other association 

12 member as well. 

13 ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING

14 AS AN EMPLOYER.—If an association filing an appli15 cation as a sole or joint employer is determined to 

16 have committed a violation under this section, the 

17 penalty for such violation shall apply only to the as18 sociation unless the Secretary of Labor determines 

19 that an association member or members participated 

20 in or had knowledge, or reason to know of the viola21 tion, in which case the penalty shall be invoked 

22 against the association member or members as well. 

23 ‘‘SEC. 218D. DEFINITIONS. 

24 ‘‘For purposes of this section and section 218, 218A, 

25 218B, and 218C: 


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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 or the performance of agricultural labor or services 

8 described in section 101(a)(15)(H)(ii)(a). 

9 ‘‘(2) BONA FIDE UNION.—The term ‘bona fide 

10 union’ means any organization in which employees 

11 participate and which exists for the purpose of deal12 ing with employers concerning grievances, labor dis13 putes, wages, rates of pay, hours of employment, or 

14 other terms and conditions of work for agricultural 

15 employees. Such term does not include an organiza16 tion formed, created, administered, supported, domi17 nated, financed, or controlled by an employer or em18 ployer association or its agents or representatives. 

19 ‘‘(3) DISPLACE.—The term ‘displace’, in the 

20 case of an application with respect to 1 or more H– 

21 2A workers by an employer, means laying off a 

22 United States worker from a job for which the H– 

23 2A worker or workers is or are sought. 

24 ‘‘(4) ELIGIBLE.—The term ‘eligible’, when used 

25 with respect to an individual, means an individual 


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1 who is not an unauthorized alien (as defined in sec2 tion 274A). 

3 ‘‘(5) EMPLOYER.—The term ‘employer’ means 

4 any person or entity, including any farm labor con5 tractor and any agricultural association, that em6 ploys workers in agricultural employment. 

7 ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em8 ployer’ means an employer who seeks to hire 1 or 

9 more nonimmigrant aliens described in section 

10 101(a)(15)(H)(ii)(a). 

11 ‘‘(7) H–2A WORKER.—The term ‘H–2A worker’ 

12 means a nonimmigrant described in section 

13 101(a)(15)(H)(ii)(a). 

14 ‘‘(8) JOB OPPORTUNITY.—The term ‘job oppor15 tunity’ means a job opening for temporary or sea16 sonal full-time employment at a place in the United 

17 States to which United States workers can be re18 ferred. 

19 ‘‘(9) LAYING OFF.— 

20 ‘‘(A) IN GENERAL.—The term ‘laying off’, 

21 with respect to a worker— 

22 ‘‘(i) means to cause the worker’s loss 

23 of employment, other than through a dis24 charge for inadequate performance, viola25 tion of workplace rules, cause, voluntary 


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1 departure, voluntary retirement, contract 

2 impossibility (as described in section 

3 218A(b)(4)(D)), or temporary suspension 

4 of employment due to weather, markets, or 

5 other temporary conditions; but 

6 ‘‘(ii) does not include any situation in 

7 which the worker is offered, as an alter8 native to such loss of employment, a simi9 lar employment opportunity with the same 

10 employer (or, in the case of a placement of 

11 a worker with another employer under sec12 tion 218(b)(2)(E), with either employer de13 scribed in such section) at equivalent or 

14 higher compensation and benefits than the 

15 position from which the employee was dis16 charged, regardless of whether or not the 

17 employee accepts the offer. 

18 ‘‘(B) STATUTORY CONSTRUCTION.—Noth19 ing in this paragraph is intended to limit an 

20 employee’s rights under a collective bargaining 

21 agreement or other employment contract. 

22 ‘‘(10) REGULATORY DROUGHT.—The term ‘reg23 ulatory drought’ means a decision subsequent to the 

24 filing of the application under section 218 by an en25 tity not under the control of the employer making 


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1 such filing which restricts the employer’s access to 

2 water for irrigation purposes and reduces or limits 

3 the employer’s ability to produce an agricultural 

4 commodity, thereby reducing the need for labor. 

5 ‘‘(11) SEASONAL.—Labor is performed on a 

6 ‘seasonal’ basis if— 

7 ‘‘(A) ordinarily, it pertains to or is of the 

8 kind exclusively performed at certain seasons or 

9 periods of the year; and 

10 ‘‘(B) from its nature, it may not be contin11 uous or carried on throughout the year. 

12 ‘‘(12) SECRETARY.—Except as otherwise pro13 vided, the term ‘Secretary’ means the Secretary of 

14 Homeland Security. 

15 ‘‘(13) TEMPORARY.—A worker is employed on a 

16 ‘temporary’ basis where the employment is intended 

17 not to exceed 10 months. 

18 ‘‘(14) UNITED STATES WORKER.—The term 

19 ‘United States worker’ means any worker, whether 

20 a national of the United States, an alien lawfully ad21 mitted for permanent residence, or any other alien, 

22 who is authorized to work in the job opportunity 

23 within the United States, except an alien admitted 

24 or otherwise provided status under section 

25 101(a)(15)(H)(ii)(a).’’. 


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

2 the Immigration and Nationality Act (8 U.S.C. 1101 et 

3 seq.) is amended by striking the item relating to section 

4 218 and inserting the following: 

‘‘Sec. 218. H–2A employer applications. 

‘‘Sec. 218A. H–2A employment requirements. 

‘‘Sec. 218B. Procedure for admission and extension of stay of H–2A workers. 

‘‘Sec. 218C. Worker protections and labor standards enforcement. 

‘‘Sec. 218D. Definitions.’’. 

5 CHAPTER 3—MISCELLANEOUS 

6 PROVISIONS 

7 SEC. 653. DETERMINATION AND USE OF USER FEES. 

8 (a) SCHEDULE OF FEES.—The Secretary shall estab9 lish and periodically adjust a schedule of fees for the em10 ployment of aliens pursuant to the amendment made by 

11 section 652(a) of this Act and a collection process for such 

12 fees from employers. Such fees shall be the only fees 

13 chargeable to employers for services provided under such 

14 amendment. 

15 (b) DETERMINATION OF SCHEDULE.— 

16 (1) IN GENERAL.—The schedule under sub17 section (a) shall reflect a fee rate based on the num18 ber of job opportunities indicated in the employer’s 

19 application under section 218 of the Immigration 

20 and Nationality Act, as amended by section 652 of 

21 this Act, and sufficient to provide for the direct 

22 costs of providing services related to an employer’s 

23 authorization to employ aliens pursuant to the 


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1 amendment made by section 652(a) of this Act, to 

2 include the certification of eligible employers, the 

3 issuance of documentation, and the admission of eli4 gible aliens. 

5 (2) PROCEDURE.— 

6 (A) IN GENERAL.—In establishing and ad7 justing such a schedule, the Secretary shall 

8 comply with Federal cost accounting and fee 

9 setting standards. 

10 (B) PUBLICATION AND COMMENT.—The 

11 Secretary shall publish in the Federal Register 

12 an initial fee schedule and associated collection 

13 process and the cost data or estimates upon 

14 which such fee schedule is based, and any sub15 sequent amendments thereto, pursuant to which 

16 public comment shall be sought and a final rule 

17 issued. 

18 (c) USE OF PROCEEDS.—Notwithstanding any other 

19 provision of law, all proceeds resulting from the payment 

20 of the fees pursuant to the amendment made by section 

21 652(a) of this Act shall be available without further appro22 priation and shall remain available without fiscal year lim23 itation to reimburse the Secretary, the Secretary of State, 

24 and the Secretary of Labor for the costs of carrying out 

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1 ality Act, as amended and added, respectively, by section 

2 652 of this Act, and the provisions of this Act. 

3 SEC. 654. REGULATIONS. 

4 (a) REQUIREMENT FOR THE SECRETARY TO CON5 SULT.—The Secretary shall consult with the Secretary of 

6 Labor and the Secretary of Agriculture during the promul7 gation of all regulations to implement the duties of the 

8 Secretary under this Act and the amendments made by 

9 this Act. 

10 (b) REQUIREMENT FOR THE SECRETARY OF STATE

11 TO CONSULT.—The Secretary of State shall consult with 

12 the Secretary, the Secretary of Labor, and the Secretary 

13 of Agriculture on all regulations to implement the duties 

14 of the Secretary of State under this Act and the amend15 ments made by this Act. 

16 (c) REQUIREMENT FOR THE SECRETARY OF LABOR

17 TO CONSULT.—The Secretary of Labor shall consult with 

18 the Secretary of Agriculture and the Secretary on all regu19 lations to implement the duties of the Secretary of Labor 

20 under this Act and the amendments made by this Act. 

21 (d) DEADLINE FOR ISSUANCE OF REGULATIONS.— 

22 All regulations to implement the duties of the Secretary, 

23 the Secretary of State, and the Secretary of Labor created 

24 under sections 218, 218A, 218B, 218C, and 218D of the 

25 Immigration and Nationality Act, as amended or added 


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1 by section 652 of this Act, shall take effect on the effective 

2 date of section 652 and shall be issued not later than 1 

3 year after the date of enactment of this Act. 

4 SEC. 655. REPORTS TO CONGRESS. 

5 (a) ANNUAL REPORT.—Not later than September 30 

6 of each year, the Secretary shall submit a report to Con7 gress that identifies, for the previous year— 

8 (1) the number of job opportunities approved 

9 for employment of aliens admitted under section 

10 101(a)(15)(H)(ii)(a) of the Immigration and Nation11 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), and the 

12 number of workers actually admitted, disaggregated 

13 by State and by occupation; 

14 (2) the number of such aliens reported to have 

15 abandoned employment pursuant to subsection 

16 218B(e)(2) of such Act; 

17 (3) the number of such aliens who departed the 

18 United States within the period specified in sub19 section 218B(d) of such Act; 

20 (4) the number of aliens who applied for adjust21 ment of status pursuant to section 643(a); 

22 (5) the number of such aliens whose status was 

23 adjusted under section 643(a); 

24 (6) the number of aliens who applied for perma25 nent residence pursuant to section 643(c); and 


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1 (7) the number of such aliens who were ap2 proved for permanent residence pursuant section 

3 645(c). 

4 (b) IMPLEMENTATION REPORT.—Not later than 180 

5 days after the date of the enactment of this Act, the Sec6 retary shall prepare and submit to Congress a report that 

7 describes the measures being taken and the progress made 

8 in implementing this Act. 

9 SEC. 656. EFFECTIVE DATE. 

10 Except as otherwise provided, sections 652 and 653 

11 shall take effect 1 year after the date of the enactment 

12 of this Act. 

13 Subtitle D—Programs to Assist 

14 Nonimmigrant Workers 

15 SEC. 661. GRANTS TO SUPPORT PUBLIC EDUCATION AND 

16 COMMUNITY TRAINING. 

17 (a) GRANTS AUTHORIZED.—The Assistant Attorney 

18 General, Office of Justice Programs, may award grants 

19 to qualified non-profit community organizations to edu20 cate, train, and support non-profit agencies, immigrant 

21 communities, and other interested entities regarding the 

22 provisions of this Act and the amendments made by this 

23 Act. 

24 (b) USE OF FUNDS.— 


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1 (1) IN GENERAL.—Grants awarded under this 

2 section shall be used— 

3 (A) for public education, training, technical 

4 assistance, government liaison, and all related 

5 costs (including personnel and equipment) in6 curred by the grantee in providing services re7 lated to this Act; and 

8 (B) to educate, train, and support non9 profit organizations, immigrant communities, 

10 and other interested parties regarding this Act 

11 and the amendments made by this Act and on 

12 matters related to its implementation. 

13 (2) EDUCATION.—In addition to the purposes 

14 described in paragraph (1), grants awarded under 

15 this section shall be used to— 

16 (A) educate immigrant communities and 

17 other interested entities regarding— 

18 (i) the individuals and organizations 

19 that can provide authorized legal represen20 tation in immigration matters under regu21 lations prescribed by the Secretary; and 

22 (ii) the dangers of securing legal ad23 vice and assistance from those who are not 

24 authorized to provide legal representation 

25 in immigration matters; 


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1 (B) educate interested entities regarding 

2 the requirements for obtaining nonprofit rec3 ognition and accreditation to represent immi4 grants under regulations prescribed by the Sec5 retary; 

6 (C) provide nonprofit agencies with train7 ing and technical assistance on the recognition 

8 and accreditation process; and 

9 (D) educate nonprofit community organi10 zations, immigrant communities, and other in11 terested entities regarding— 

12 (i) the process for obtaining benefits 

13 under this Act or under an amendment 

14 made by this Act; and 

15 (ii) the availability of authorized legal 

16 representation for low-income persons who 

17 may qualify for benefits under this Act or 

18 under an amendment made by this Act. 

19 (c) DIVERSITY.—The Assistant Attorney General 

20 shall ensure, to the extent possible, that the nonprofit 

21 community organizations receiving grants under this sec22 tion serve geographically diverse locations and ethnically 

23 diverse populations who may qualify for benefits under the 

24 Act. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Office of Justice 

3 Programs of the Department of Justice such sums as may 

4 be necessary for each of the fiscal years 2008 through 

5 2010 to carry out this section. 

6 SEC. 662. GRANT PROGRAM TO ASSIST APPLICANTS FOR 

7 NATURALIZATION. 

8 (a) PURPOSE.—The purpose of this section is to es9 tablish a grant program within United States 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 natu14 ralization. 

15 (b) DEFINITIONS.—In this section: 

16 (1) COMMUNITY-BASED ORGANIZATION.—The 

17 term ‘‘community-based organization’’ means a non18 profit, tax-exempt organization, including a faith19 based organization, whose staff has experience and 

20 expertise in meeting the legal, social, educational, 

21 cultural educational, or cultural needs of immi22 grants, refugees, persons granted asylum, or persons 

23 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 (c). 

4 (c) ESTABLISHMENT OF INITIAL ENTRY, ADJUST5 MENT, AND CITIZENSHIP ASSISTANCE GRANT PRO6 GRAM.— 

7 (1) GRANTS AUTHORIZED.—The Secretary, 

8 working through the Director of United States 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 conditional 

18 nonimmigrant or conditional nonimmigrant 

19 depedent classification under section 601. Such 

20 assistance may include assisting applicants in— 

21 (i) screening to assess prospective ap22 plicants’ potential eligibility for partici23 pating in such program; 

24 (ii) filling out applications for such 

25 program; 


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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 section 601. 

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 602 of this Act or section 245 

16 of the Immigration and Nationality Act (8 

17 U.S.C. 1255). 

18 (C) CITIZENSHIP.—Assistance and instruc19 tion to applicants on— 

20 (i) the rights and responsibilities of 

21 United States citizenship; 

22 (ii) English as a second language; 

23 (iii) civics; or 

24 (iv) applying for United States citi25 zenship. 


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1 (3) DURATION AND RENEWAL.— 

2 (A) DURATION.—Subject to subparagraph 

3 (B), each grant awarded under this section 

4 shall be awarded for a period of not more than 

5 3 years. 

6 (B) RENEWAL.—The Secretary may renew 

7 any grant awarded under this section in 1-year 

8 increments. 

9 (4) APPLICATION FOR GRANTS.—Each entity 

10 desiring an IEACA grant under this section shall 

11 submit an application to the Secretary at such time, 

12 in such manner, and accompanied by such informa13 tion as the Secretary may require. 

14 (5) ELIGIBLE ORGANIZATIONS.—A community15 based organization applying for a grant under this 

16 section to provide services described in subparagraph 

17 (A), (B), or (C)(iv) of paragraph (2) may not receive 

18 such a grant unless the organization is— 

19 (A) recognized by the Board of Immigra20 tion Appeals under section 292.2 of title 8, 

21 Code of Federal Regulations; or 

22 (B) otherwise directed by an attorney. 

23 (6) SELECTION OF GRANTEES.—Grants award24 ed under this section shall be awarded on a competi25 tive basis. 


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1 (7) GEOGRAPHIC DISTRIBUTION OF GRANTS.— 

2 The Secretary shall approve applications under this 

3 section in a manner that ensures, to the greatest ex4 tent practicable, that— 

5 (A) not less than 50 percent of the funding 

6 for grants under this section are awarded to 

7 programs located in the 10 States with the 

8 highest percentage of residents who were born 

9 in foreign countries; and 

10 (B) not less than 20 percent of the funding 

11 for grants under this section are awarded to 

12 programs located in States that are not de13 scribed in subparagraph (A). 

14 (8) ETHNIC DIVERSITY.—The Secretary shall 

15 ensure that community-based organizations receiving 

16 grants under this section provide services to an eth17 nically diverse population, to the greatest extent pos18 sible. 

19 (d) LIAISON BETWEEN USCIS AND GRANTEES.— 

20 The Secretary shall establish a liaison between United 

21 States Citizenship and Immigration Services and the com22 munity of providers of services under this section to assure 

23 quality control, efficiency, and greater client willingness 

24 to come forward. 


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1 (e) REPORTS TO CONGRESS.—Not later than 180 

2 days after the date of enactment of this Act, and July 

3 1 of each subsequent year, the Secretary shall submit a 

4 report to Congress that includes information regarding— 

5 (1) the status of the implementation of this sec6 tion; 

7 (2) the grants issued pursuant to this section; 

8 and 

9 (3) the activities carried out with such grants. 

10 (f) SOURCE OF GRANT FUNDS.— 

11 (1) APPLICATION FEES.—The Secretary may 

12 use funds made available under section 601(g)(2)(A) 

13 of this Act and section 218A(b)(3) of the Immigra14 tion and Nationality Act, as added by this Act, to 

15 carry out this section. 

16 (2) AUTHORIZATION OF APPROPRIATIONS.— 

17 (A) AMOUNTS AUTHORIZED.—In addition 

18 to the amounts made available under paragraph 

19 (1), there are authorized to be appropriated 

20 such additional sums as may be necessary for 

21 each of fiscal years 2008 through 2012 to carry 

22 out this section. 

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1 priations in subparagraph (A) shall remain 

2 available until expended. 

3 (g) DISTRIBUTION OF FEES AND FINES.— 

4 (1) H–2C VISA FEES.—Notwithstanding section 

5 218A(j) of the Immigration and Nationality Act, as 

6 added by section 402, 2 percent of the fees collected 

7 under section 218A of such Act shall be made avail8 able for grants under the Initial Entry, Adjustment, 

9 and Citizenship Assistance Grant Program estab10 lished under this section. 

11 (2) CONDITIONAL NONIMMIGRANT VISA FEES

12 AND FINES.—Notwithstanding section 601(g)(2), 2 

13 percent of the fees and fines collected under section 

14 601 shall be made available for grants under the Ini15 tial Entry, Adjustment, and Citizenship Assistance 

16 Grant Program established under this section. 

17 SEC. 663. STRENGTHENING AMERICAN CITIZENSHIP. 

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

19 ‘‘Strengthening American Citizenship Act of 2007’’. 

20 (b) DEFINITIONS.—In this section: 

21 (1) LEGAL RESIDENT.—The term ‘‘legal resi22 dent’’ means a lawful permanent resident or a law23 fully admitted alien who, in order to adjust status to 

24 that of a lawful permanent resident, demonstrates a 

25 knowledge of the English language or satisfactory 


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1 pursuit of a course of study to acquire such knowl2 edge of the English language. 

3 (2) OATH OF ALLEGIANCE.—The term ‘‘Oath 

4 of Allegiance’’ means the binding oath (or affirma5 tion) of allegiance required to be naturalized as a 

6 citizen of the United States. 

7 (c) ENGLISH FLUENCY.— 

8 (1) EDUCATION GRANTS.— 

9 (A) ESTABLISHMENT.—The Chief of the 

10 Office of Citizenship of the Department (re11 ferred to in this paragraph as the ‘‘Chief’’) 

12 shall establish a grant program to provide 

13 grants, in an amount not to exceed $500, to as14 sist legal residents of the United States who de15 clare an intent to apply for citizenship in the 

16 United States to meet the requirements under 

17 section 312 of the Immigration and Nationality 

18 Act (8 U.S.C. 1423). 

19 (B) USE OF FUNDS.—Grant funds award20 ed under this paragraph shall be paid directly 

21 to an accredited institution of higher education 

22 or other qualified educational institution (as de23 termined by the Chief) for tuition, fees, books, 

24 and other educational resources required by a 


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1 course on the English language in which the 

2 legal resident is enrolled. 

3 (C) APPLICATION.—A legal resident desir4 ing a grant under this paragraph shall submit 

5 an application to the Chief at such time, in 

6 such manner, and accompanied by such infor7 mation as the Chief may reasonably require. 

8 (D) PRIORITY.—If insufficient funds are 

9 available to award grants to all qualified appli10 cants, the Chief shall give priority based on the 

11 financial need of the applicants. 

12 (E) NOTICE.—The Secretary, upon rel13 evant registration of a legal resident with the 

14 Department, shall notify such legal resident of 

15 the availability of grants under this paragraph 

16 for legal residents who declare an intent to 

17 apply for United States citizenship. 

18 (2) FASTER CITIZENSHIP FOR ENGLISH FLU19 ENCY.—Section 316 (8 U.S.C. 1427) is amended by 

20 adding at the end the following: 

21 ‘‘(g) A lawful permanent resident of the United 

22 States who demonstrates English fluency, in accordance 

23 with regulations prescribed by the Secretary of Homeland 

24 Security, in consultation with the Secretary of State, will 

25 satisfy the residency requirement under subsection (a) 


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1 upon the completion of 4 years of continuous legal resi2 dency in the United States.’’. 

3 (3) SAVINGS PROVISION.—Nothing in this sub4 section shall be construed to— 

5 (A) modify the English language require6 ments for naturalization under section 

7 312(a)(1) of the Immigration and Nationality 

8 Act (8 U.S.C. 1423(a)(1)); or 

9 (B) influence the naturalization test rede10 sign process of the Office of Citizenship (except 

11 for the requirement under subsection (h)(2)). 

12 (d) AMERICAN CITIZENSHIP GRANT PROGRAM.— 

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

14 a competitive grant program to provide financial as15 sistance for— 

16 (A) efforts by entities (including veterans 

17 and patriotic organizations) certified by the Of18 fice of Citizenship to promote the patriotic inte19 gration of prospective citizens into the Amer20 ican way of life by providing civics, history, and 

21 English as a second language courses, with a 

22 specific emphasis on attachment to principles of 

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1 roes), and the meaning of the Oath of Alle2 giance; and 

3 (B) other activities approved by the Sec4 retary to promote the patriotic integration of 

5 prospective citizens and the implementation of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1101 et seq.), including grants— 

8 (i) to promote an understanding of 

9 the form of government and history of the 

10 United States; and 

11 (ii) to promote an attachment to the 

12 principles of the Constitution of the United 

13 States and the well being and happiness of 

14 the people of the United States. 

15 (2) ACCEPTANCE OF GIFTS.—The Secretary 

16 may accept and use gifts from the United States 

17 Citizenship Foundation, if the foundation is estab18 lished under subsection (e), for grants under this 

19 subsection. 

20 (3) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated such sums 

22 as may be necessary to carry out this subsection. 

23 (e) FUNDING FOR THE OFFICE OF CITIZENSHIP.— 

24 (1) AUTHORIZATION.—The Secretary, acting 

25 through the Director of the Bureau of Citizenship 


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1 and Immigration Services, may establish the United 

2 States Citizenship Foundation (referred to in this 

3 subsection as the ‘‘Foundation’’), an organization 

4 duly incorporated in the District of Columbia, exclu5 sively for charitable and educational purposes to 

6 support the functions of the Office of Citizenship. 

7 (2) DEDICATED FUNDING.— 

8 (A) IN GENERAL.—Not less than 1.5 per9 cent of the funds made available to the Bureau 

10 of Citizenship and Immigration Services from 

11 fees shall be dedicated to the functions of the 

12 Office of Citizenship, which shall include the 

13 patriotic integration of prospective citizens 

14 into— 

15 (i) American common values and tra16 ditions, including an understanding of 

17 American history and the principles of the 

18 Constitution of the United States; and 

19 (ii) civic traditions of the United 

20 States, including the Pledge of Allegiance, 

21 respect for the flag of the United States, 

22 and voting in public elections. 

23 (B) SENSE OF CONGRESS.—It is the sense 

24 of the Congress that dedicating increased funds 

25 to the Office of Citizenship should not result in 


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1 an increase in fees charged by the Bureau of 

2 Citizenship and Immigration Services. 

3 (3) GIFTS.— 

4 (A) TO FOUNDATION.—The Foundation 

5 may solicit, accept, and make gifts of money 

6 and other property in accordance with section 

7 501(c)(3) of the Internal Revenue Code of 

8 1986. 

9 (B) FROM FOUNDATION.—The Office of 

10 Citizenship may accept gifts from the Founda11 tion to support the functions of the Office. 

12 (4) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated such sums 

14 as may be necessary to carry out the mission of the 

15 Office of Citizenship, including the functions de16 scribed in paragraph (2)(A). 

17 (f) RESTRICTION ON USE OF FUNDS.—No funds ap18 propriated to carry out a program under subsection (d) 

19 or (e) may be used to organize individuals for the purpose 

20 of political activism or advocacy. 

21 (g) REPORTING REQUIREMENT.— 

22 (1) IN GENERAL.—The Chief of the Office of 

23 Citizenship shall submit an annual report to the 

24 Committee on Health, Education, Labor, and Pen25 sions of the Senate, the Committee on the Judiciary 


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1 of the Senate, the Committee on Education and 

2 Labor of the House of Representatives, and the 

3 Committee on the Judiciary of the House of Rep4 resentatives. 

5 (2) CONTENTS.—The report submitted under 

6 paragraph (1) shall include— 

7 (A) a list of the entities that have received 

8 funds from the Office of Citizenship during the 

9 reporting period under this section and the 

10 amount of funding received by each such entity; 

11 (B) an evaluation of the extent to which 

12 grants received under this section successfully 

13 promoted an understanding of— 

14 (i) the English language; and 

15 (ii) American history and government, 

16 including the heroes of American history, 

17 the meaning of the Oath of Allegiance, and 

18 an attachment to the principles of the Con19 stitution of the United States; and 

20 (C) information about the number of legal 

21 residents who were able to achieve the knowl22 edge described under paragraph (2) as a result 

23 of the grants provided under this section. 

24 (h) ESTABLISHMENT OF NEW CITIZENS AWARD

25 PROGRAM.— 


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1 (1) ESTABLISHMENT.—There is established a 

2 new citizens award program to recognize citizens 

3 who— 

4 (A) have made an outstanding contribution 

5 to the United States; and 

6 (B) were naturalized during the 10-year 

7 period ending on the date of such recognition. 

8 (2) PRESENTATION AUTHORIZED.— 

9 (A) IN GENERAL.—The President is au10 thorized to present a medal, in recognition of 

11 outstanding contributions to the United States, 

12 to citizens described in paragraph (1). 

13 (B) MAXIMUM NUMBER OF AWARDS.—Not 

14 more than 10 citizens may receive a medal 

15 under this subsection in any calendar year. 

16 (3) DESIGN AND STRIKING.—The Secretary of 

17 the Treasury shall strike a medal with suitable em18 blems, devices, and inscriptions, to be determined by 

19 the President. 

20 (4) NATIONAL MEDALS.—The medals struck 

21 pursuant to this subsection are national medals for 

22 purposes of chapter 51 of title 31, United States 

23 Code. 

24 (i) NATURALIZATION CEREMONIES.— 


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1 (1) IN GENERAL.—The Secretary, in consulta2 tion with the Director of the National Park Service, 

3 the Archivist of the United States, and other appro4 priate Federal officials, shall develop and implement 

5 a strategy to enhance the public awareness of natu6 ralization ceremonies. 

7 (2) VENUES.—In developing the strategy under 

8 this subsection, the Secretary shall consider the use 

9 of outstanding and historic locations as venues for 

10 select naturalization ceremonies. 

11 (3) REPORTING REQUIREMENT.—The Secretary 

12 shall submit an annual report to Congress that in13 cludes— 

14 (A) the content of the strategy developed 

15 under this subsection; and 

16 (B) the progress made towards the imple17 mentation of such strategy. 

18 SEC. 664. ADDRESSING POVERTY IN MEXICO. 

19 (a) FINDINGS.—Congress finds the following: 

20 (1) There is a strong correlation between eco21 nomic freedom and economic prosperity. 

22 (2) Trade policy, fiscal burden of government, 

23 government intervention in the economy, monetary 

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1 lation, and informal market activity are key factors 

2 in economic freedom. 

3 (3) Poverty in Mexico, including rural poverty, 

4 can be mitigated through strengthened economic 

5 freedom within Mexico. 

6 (4) Strengthened economic freedom in Mexico 

7 can be a major influence in mitigating illegal immi8 gration. 

9 (5) Advancing economic freedom within Mexico 

10 is an important part of any comprehensive plan to 

11 understanding the sources of poverty and the path 

12 to economic prosperity. 

13 (b) GRANT AUTHORIZED.—The Secretary of State 

14 may award a grant to a land grant university in the 

15 United States to establish a national program for a broad, 

16 university-based, Mexican rural poverty mitigation pro17 gram. 

18 (c) FUNCTIONS OF MEXICAN RURAL POVERTY MITI19 GATION PROGRAM.—The program established pursuant to 

20 subsection (b) shall— 

21 (1) match a land grant university in the United 

22 States with the lead Mexican public university in 

23 each of Mexico’s 31 states to provide state-level co24 ordination of rural poverty programs in Mexico; 


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1 (2) establish relationships and coordinate pro2 grammatic ties between universities in the United 

3 States and universities in Mexico to address the 

4 issue of rural poverty in Mexico; 

5 (3) establish and coordinate relationships with 

6 key leaders in the United States and Mexico to ex7 plore the effect of rural poverty on illegal immigra8 tion of Mexicans into the United States; and 

9 (4) address immigration and border security 

10 concerns through a university-based, binational ap11 proach for long-term institutional change. 

12 (d) USE OF FUNDS.— 

13 (1) AUTHORIZED USES.—Grant funds awarded 

14 under this section may be used— 

15 (A) for education, training, technical as16 sistance, and any related expenses (including 

17 personnel and equipment) incurred by the 

18 grantee in implementing a program described in 

19 subsection (a); and 

20 (B) to establish an administrative struc21 ture for such program in the United States. 

22 (2) LIMITATIONS.—Grant funds awarded under 

23 this section may not be used for activities, respon24 sibilities, or related costs incurred by entities in 

25 Mexico. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such funds as may be 

3 necessary to carry out this section. 

4 TITLE VII—MISCELLANEOUS 

5 Subtitle A—Increasing Court 

6 Personnel 

7 SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL. 

8 (a) DEPARTMENT OF HOMELAND SECURITY.—In 

9 each of fiscal years 2008 through 2012, the Secretary 

10 shall, subject to the availability of appropriations for such 

11 purpose, increase by not less than 100 the number of posi12 tions for attorneys in the Office of General Counsel of the 

13 Department to represent the Department in immigration 

14 matters. 

15 (b) DEPARTMENT OF JUSTICE.— 

16 (1) LITIGATION ATTORNEYS.—In each of fiscal 

17 years 2008 through 2012, the Attorney General 

18 shall, subject to the availability of appropriations for 

19 such purpose, increase by not less than 50 the num20 ber of positions for attorneys in the Office of Immi21 gration Litigation of the Department of Justice. 

22 (2) UNITED STATES ATTORNEYS.—In each of 

23 fiscal years 2008 through 2012, the Attorney Gen24 eral shall, subject to the availability of appropria25 tions for such purpose, increase by not less than 50 


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1 the number of positions for attorneys in the United 

2 States Attorneys’ office to litigate immigration cases 

3 in the Federal courts. 

4 (3) IMMIGRATION JUDGES.—In each of fiscal 

5 years 2008 through 2012, the Attorney General 

6 shall, subject to the availability of appropriations for 

7 such purpose— 

8 (A) increase by not less than 20 the num9 ber of positions for full-time immigration 

10 judges; and 

11 (B) increase by not less than 80 the num12 ber of positions for personnel to support the im13 migration judges described in subparagraph 

14 (A). 

15 (4) STAFF ATTORNEYS.—In each of fiscal years 

16 2008 through 2012, the Attorney General shall, sub17 ject to the availability of appropriations for such 

18 purpose— 

19 (A) increase by not less than 10 the num20 ber of positions for full-time staff attorneys in 

21 the Board of Immigration Appeals; and 

22 (B) increase by not less than 10 the num23 ber of positions for personnel to support the 

24 staff attorneys described in subparagraph (A). 


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1 (c) ADMINISTRATIVE OFFICE OF THE UNITED

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

3 through 2012, the Director of the Administrative Office 

4 of the United States Courts shall, subject to the avail5 ability of appropriations, increase by not less than 50 the 

6 number of positions for attorneys in the Federal Defend7 ers Program to litigate criminal immigration cases in the 

8 Federal courts. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated for each of fiscal years 

11 2008 through 2012 such sums as may be necessary to 

12 carry out this section. 

13 SEC. 702. SENIOR JUDGE PARTICIPATION IN THE SELEC14 TION OF MAGISTRATES. 

15 Section 631(a) of title 28, United States Code, is 

16 amended by striking ‘‘Northern Mariana Islands’’ the first 

17 place it appears and inserting ‘‘Northern Mariana Islands, 

18 including any judge in regular active service and any judge 

19 who has retired from regular active service under section 

20 371(b) of this title,’’. 

21 SEC. 703. STUDY ON THE APPELLATE PROCESS FOR IMMI22 GRATION APPEALS. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Director of the Federal 


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1 Judicial Center shall conduct a study on the appellate 

2 process for immigration appeals. 

3 (b) REQUIREMENTS.—In conducting the study under 

4 subsection (a), the Director shall consider the possibility 

5 of consolidating all appeals from the Board of Immigra6 tion Appeals and habeas corpus petitions in immigration 

7 cases into 1 United States Court of Appeals. 

8 (c) FACTORS TO CONSIDER.—In conducting the 

9 study under subsection (a), the Director, in consultation 

10 with the Attorney General, the Secretary, and the Judicial 

11 Conference of the United States, shall consider— 

12 (1) the resources needed for each alternative, 

13 including judges, attorneys, and other support staff, 

14 case management techniques, including technological 

15 requirements, physical infrastructure, and other pro16 cedural and logistical issues as appropriate; 

17 (2) the impact of each alternative on various 

18 circuits, including the caseload of each circuit and 

19 the caseload per panel in each circuit; 

20 (3) the possibility of utilizing case management 

21 techniques to reduce the impact of any consolidation 

22 option, such as requiring certificates of reviewability, 

23 similar to procedures employed in habeas corpus 

24 proceedings and existing summary dismissal proce25 dures in local rules of the Courts of Appeals; 


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1 (4) the effect of the reforms made by this sub2 title on the ability of the circuit courts to adjudicate 

3 such appeals; 

4 (5) potential impact, if any, on litigants; and 

5 (6) other reforms to improve adjudication of 

6 immigration matters, including appellate review of 

7 motions to reopen and reconsider, and attorney fee 

8 awards with respect to review of final orders of re9 moval. 

10 SEC. 704. SENSE OF CONGRESS REGARDING THE ESTAB11 LISHMENT OF AN IMMIGRATION COURT SYS12 TEM. 

13 (a) FINDING.—The Congress finds that the United 

14 States tradition as a nation of laws and a nation of immi15 grants is best served by an effective, fair, and well-staffed 

16 immigration court system that upholds the rule of law and 

17 ensures that individuals and families receive fair treat18 ment. 

19 (b) SENSE OF CONGRESS.—It is the sense of the 

20 Congress that an effective and fair immigration court sys21 tem should be established. 


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1 Subtitle B—Citizenship Assistance 

2 for Members of the Armed Services 

3 SEC. 711. WAIVER OF REQUIREMENT FOR FINGERPRINTS 

4 FOR MEMBERS OF THE ARMED FORCES. 

5 Notwithstanding any other provision of law or any 

6 regulation, the Secretary shall use the fingerprints pro7 vided by an individual at the time the individual enlists 

8 in the Armed Forces to satisfy any requirement for finger9 prints as part of an application to become a naturalized 

10 citizen of the United States, if the individual— 

11 (1) may be naturalized pursuant to section 328 

12 or 329 of the Immigration and Nationality Act (8 

13 U.S.C. 1439 and 1440); 

14 (2) was fingerprinted in accordance with the re15 quirements of the Secretary of Defense at the time 

16 the individual enlisted in the Armed Forces; and 

17 (3) submits the application to become a natu18 ralized citizen of the United States not later than 12 

19 months after the date the individual enlisted in the 

20 Armed Forces. 

21 SEC. 712. NONCITIZEN MEMBERSHIP IN THE ARMED 

22 FORCES. 

23 Section 329 (8 U.S.C. 1440) is amended— 

24 (1) in subsection (b), by striking ‘‘subsection 

25 (a)’’ and inserting ‘‘subsection (a), (d), or (e)’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(d)(1) Notwithstanding any other provision of law, 

3 except for provisions relating to revocation of citizenship 

4 under subsection (c), an individual who is not a citizen 

5 of the United States shall not be denied the opportunity 

6 to apply for membership in the United States Armed 

7 Forces. Such an individual who becomes an active duty 

8 member of the United States Armed Forces shall, con9 sistent with this section and with the approval of the indi10 vidual’s commanding officer, be granted United States 

11 citizenship after performing at least 2 years of honorable 

12 and satisfactory service on active duty. Not later than 90 

13 days after such requirements are met with respect to an 

14 individual, such individual shall be granted United States 

15 citizenship. 

16 ‘‘(2) An individual described in paragraph (1) shall 

17 be naturalized without regard to the requirements of this 

18 title, if the individual— 

19 ‘‘(A) filed an application for naturalization in 

20 accordance with such procedures to carry out this 

21 subsection as may be established by regulation by 

22 the Secretary of Homeland Security or the Secretary 

23 of Defense; 

24 ‘‘(B) demonstrates to the individual’s com25 manding officer proficiency in the English language, 


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1 good moral character, and knowledge of the Federal 

2 Government and United States history, consistent 

3 with the requirements of this Act; and 

4 ‘‘(C) takes the oath required under section 337 

5 and participates in an oath administration ceremony 

6 in accordance with this Act. 

7 ‘‘(e) Notwithstanding any other provision of law, ex8 cept for provisions relating to revocation of citizenship 

9 under subsection (c), an individual who is not a citizen 

10 of the United States who serves under orders on active 

11 duty as an enlisted member or warrant officer of the 

12 Armed Forces of the United States in a combat zone (as 

13 that term is defined in section 112(c) of the Internal Rev14 enue Code of 1986) shall be granted United States citizen15 ship effective as of the commencement of such service in 

16 the combat zone without regard to the requirements of 

17 this title if the individual files an application for natu18 ralization in accordance with such procedures to carry out 

19 this subsection as may be established by regulation by the 

20 Secretary of Homeland Security and Secretary of De21 fense.’’. 

22 SEC. 713. PROVISION OF INFORMATION ON NATURALIZA23 TION TO MEMBERS OF THE ARMED FORCES. 

24 The Secretary shall— 


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1 (1) provide information to members of the 

2 Armed Forces and the families of such members 

3 through a dedicated toll-free telephone service re4 lated to naturalization pursuant to section 328 or 

5 329 of the Immigration and Nationality Act (8 

6 U.S.C. 1439 and 1440), including the status of an 

7 application for such naturalization; 

8 (2) ensure that the telephone service required 

9 by paragraph (1) is operated by employees of the 

10 Department who— 

11 (A) have received specialized training on 

12 the naturalization process for members of the 

13 Armed Forces and the families of such mem14 bers; and 

15 (B) are physically located in the same unit 

16 as the military processing unit that adjudicates 

17 applications for naturalization pursuant to such 

18 section 328 or 329; and 

19 (3) implement a quality control program to 

20 monitor, on a regular basis, the accuracy and quality 

21 of information provided by the employees who oper22 ate the telephone service required by paragraph (1), 

23 including the breadth of the knowledge related to the 

24 naturalization process of such employees. 


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1 SEC. 714. PROVISION OF INFORMATION ON NATURALIZA2 TION TO THE PUBLIC. 

3 Not later than 30 days after the date that a modifica4 tion to any law or regulation related to the naturalization 

5 process becomes effective, the Secretary shall update the 

6 appropriate application form for naturalization, the in7 structions and guidebook for obtaining naturalization, and 

8 the Internet website maintained by the Secretary to reflect 

9 such modification. 

10 SEC. 715. REPORTS. 

11 (a) ADJUDICATION PROCESS.—Not later than 120 

12 days after the date of enactment of this Act, the Comp13 troller General of the United States shall submit to the 

14 appropriate congressional committees a report on the en15 tire process for the adjudication of an application for natu16 ralization filed pursuant to section 328 or 329 of the Im17 migration and Nationality Act (8 U.S.C. 1439 and 1440), 

18 including the process that begins at the time the applica19 tion is mailed to, or received by the Secretary, regardless 

20 of whether the Secretary determines that such application 

21 is complete, through the final disposition of such applica22 tion. Such report shall include a description of— 

23 (1) the methods of the Secretary to process and 

24 adjudicate such applications; 

25 (2) the effectiveness of the chain of authority, 

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1 ernment or of other entities, including contract em2 ployees, who have any role in such process or adju3 dication; and 

4 (3) the ability of the Secretary to use tech5 nology to facilitate or accomplish any aspect of such 

6 process or adjudication. 

7 (b) IMPLEMENTATION.— 

8 (1) STUDY.—The Comptroller General of the 

9 United States shall conduct a study on the imple10 mentation of this subtitle by the Secretary, including 

11 studying any technology that may be used to im12 prove the efficiency of the naturalization process for 

13 members of the Armed Forces. 

14 (2) REPORT.—Not later than 180 days after 

15 the date that the Comptroller General submits the 

16 report required by subsection (a), the Comptroller 

17 General shall submit to the appropriate congres18 sional committees a report on the study required by 

19 paragraph (1). The report shall include any rec20 ommendations of the Comptroller General for im21 proving the implementation of this subtitle by the 

22 Secretary. 

23 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE24 FINED.—In this section, the term ‘‘appropriate congres25 sional committees’’ means— 


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1 (1) the Committee on Armed Services and the 

2 Committee on the Judiciary of the Senate; and 

3 (2) the Committee on Armed Services and the 

4 Committee on the Judiciary of the House of Rep5 resentatives. 

6 Subtitle C—Family Humanitarian 

7 Relief 

8 SEC. 721. ADJUSTMENT OF STATUS FOR CERTAIN NON9 IMMIGRANT VICTIMS OF TERRORISM. 

10 (a) ADJUSTMENT OF STATUS.— 

11 (1) IN GENERAL.—The status of any alien de12 scribed in subsection (b) shall be adjusted by the 

13 Secretary to that of an alien lawfully admitted for 

14 permanent residence, if the alien— 

15 (A) applies for such adjustment not later 

16 than 2 years after the date on which the Sec17 retary promulgates final regulations to imple18 ment this section; and 

19 (B) is otherwise admissible to the United 

20 States for permanent residence, except in deter21 mining such admissibility the grounds for inad22 missibility specified in paragraphs (4), (5), 

23 (6)(A), (7)(A), and (9)(B) of section 212(a) of 

24 the Immigration and Nationality Act (8 U.S.C. 

25 1182(a)) shall not apply. 


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1 (2) RULES IN APPLYING CERTAIN PROVI2 SIONS.—In the case of an alien described in sub3 section (b) who is applying for adjustment of status 

4 under this section— 

5 (A) the provisions of section 241(a)(5) of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1231(a)(5)) shall not apply; and 

8 (B) the Secretary may grant the alien a 

9 waiver on the grounds of inadmissibility under 

10 subparagraphs (A) and (C) of section 212(a)(9) 

11 of such Act (8 U.S.C. 1182(a)(9)). 

12 (3) RELATIONSHIP OF APPLICATION TO CER13 TAIN ORDERS.— 

14 (A) APPLICATION PERMITTED.—An alien 

15 present in the United States who has been or16 dered excluded, deported, removed, or ordered 

17 to depart voluntarily from the United States 

18 under any provision of the Immigration and 

19 Nationality Act (8 U.S.C. 1101 et seq.) may, 

20 notwithstanding such order, apply for adjust21 ment of status under paragraph (1). 

22 (B) MOTION NOT REQUIRED.—An alien 

23 described in subparagraph (A) may not be re24 quired, as a condition of submitting or granting 


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1 such application, to file a separate motion to re2 open, reconsider, or vacate such order. 

3 (C) EFFECT OF DECISION.—If the Sec4 retary adjusts the status of an alien described 

5 in subparagraph (A) under paragraph (1), the 

6 Secretary shall cancel the order referred to in 

7 subparagraph (A) with respect to such alien. If 

8 the Secretary renders a final administrative de9 cision to deny such alien’s application for an 

10 adjustment of status under paragraph (1), the 

11 order referred to in subparagraph (A) with re12 spect to such alien shall be effective and en13 forceable to the same extent as if the applica14 tion had not been made. 

15 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA16 TUS.—A alien described in this subsection is an alien 

17 who— 

18 (1) was lawfully present in the United States as 

19 a nonimmigrant alien described in section 

20 101(a)(15) of the Immigration and Nationality Act 

21 (8 U.S.C. 1101(a)(15)) on September 10, 2001; 

22 (2) was, on such date, the spouse, child, de23 pendent son, or dependent daughter of an alien 

24 who— 


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1 (A) was lawfully present in the United 

2 States as a nonimmigrant alien described in 

3 such section 101(a)(15) on such date; and 

4 (B) died as a direct result of a specified 

5 terrorist activity; and 

6 (3) was deemed to be a beneficiary under the 

7 September 11th Victim Compensation Fund of 2001 

8 (49 U.S.C. 40101 note; title IV of Public Law 107– 

9 42). 

10 (c) STAY OF REMOVAL AND WORK AUTHORIZA11 TION.— 

12 (1) IN GENERAL.—The Secretary shall estab13 lish, by regulation, a process by which an alien sub14 ject to a final order of removal may seek a stay of 

15 such order based on the filing of an application 

16 under subsection (a). 

17 (2) DURING CERTAIN PROCEEDINGS.—Notwith18 standing any provision of the Immigration and Na19 tionality Act (8 U.S.C. 1101 et seq.), the Secretary 

20 shall not order any alien to be removed from the 

21 United States, if the alien is in removal proceedings 

22 under any provision of such Act and has applied for 

23 adjustment of status under subsection (a), except 

24 where the Secretary has rendered a final administra25 tive determination to deny the application. 


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1 (3) WORK AUTHORIZATION.—The Secretary 

2 shall authorize an alien who has applied for adjust3 ment of status under subsection (a) to engage in 

4 employment in the United States during the pend5 ency of such application. 

6 (d) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 

7 The Secretary shall provide to applicants for adjustment 

8 of status under subsection (a) the same right to, and pro9 cedures for, administrative review as are provided to— 

10 (1) applicants for adjustment of status under 

11 section 245 of the Immigration and Nationality Act 

12 (8 U.S.C. 1255); or 

13 (2) aliens subject to removal proceedings under 

14 section 240 of such Act (8 U.S.C. 1229a). 

15 SEC. 722. CANCELLATION OF REMOVAL FOR CERTAIN IMMI16 GRANT VICTIMS OF TERRORISM. 

17 (a) IN GENERAL.—Subject to the provisions of the 

18 Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 

19 other than subsections (b)(1), (d)(1), and (e) of section 

20 240A of such Act (8 U.S.C. 1229b), the Secretary shall, 

21 under such section 240A, cancel the removal of, and ad22 just to the status of an alien to that of an alien lawfully 

23 admitted for permanent residence, an alien described in 

24 subsection (b), if the alien applies for such relief. 


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1 (b) ALIENS ELIGIBLE FOR CANCELLATION OF RE2 MOVAL.—An alien described in subsection (a) is an alien 

3 who— 

4 (1) was, on September 10, 2001, the spouse, 

5 child, dependent son, or dependent daughter of an 

6 alien who died as a direct result of a specified ter7 rorist activity; and 

8 (2) was deemed to be a beneficiary under the 

9 September 11th Victim Compensation Fund of 2001 

10 (49 U.S.C. 40101 note; title IV of Public Law 107– 

11 42). 

12 (c) STAY OF REMOVAL; WORK AUTHORIZATION.— 

13 (1) IN GENERAL.—The Secretary shall provide 

14 by regulation for an alien subject to a final order of 

15 removal to seek a stay of such order based on the 

16 filing of an application under subsection (a). 

17 (2) WORK AUTHORIZATION.—The Secretary 

18 shall authorize an alien who has applied for cancella19 tion of removal under subsection (a) to engage in 

20 employment in the United States during the pend21 ency of such application. 

22 (d) MOTIONS TO REOPEN REMOVAL PRO23 CEEDINGS.— 

24 (1) IN GENERAL.—Notwithstanding any limita25 tion imposed by law on motions to reopen removal 


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1 proceedings (except limitations premised on an 

2 alien’s conviction of an aggravated felony (as defined 

3 in section 101(a)(43) of the Immigration and Na4 tionality Act (8 U.S.C. 1101(a)(43))), any alien who 

5 has become eligible for cancellation of removal as a 

6 result of enactment of this section may file 1 motion 

7 to reopen removal proceedings to apply for such re8 lief. 

9 (2) FILING PERIOD.—The Secretary shall des10 ignate a specific time period in which all such mo11 tions to reopen are required to be filed. The period 

12 shall begin not later than 60 days after the date of 

13 enactment of this Act and shall extend for a period 

14 not to exceed 240 days. 

15 SEC. 723. EXCEPTIONS. 

16 Notwithstanding any other provision of this subtitle, 

17 an alien may not be provided relief under this subtitle if 

18 the alien is— 

19 (1) inadmissible under paragraph (2) or (3) of 

20 section 212(a) of the Immigration and Nationality 

21 Act (8 U.S.C. 1182(a)), or deportable under para22 graph (2) or (4) of section 237(a) of such Act (8 

23 U.S.C. 1227(a)), including any individual culpable 

24 for a specified terrorist activity; or 


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1 (2) a family member of an alien described in 

2 paragraph (1). 

3 SEC. 724. EVIDENCE OF DEATH. 

4 For purposes of this subtitle, the Secretary shall use 

5 the standards established under section 426 of the Uniting 

6 and Strengthening America by Providing Appropriate 

7 Tools Required to Intercept and Obstruct Terrorism (USA 

8 PATRIOT ACT) Act of 2001 (115 Stat. 362) to deter9 mine whether the death of an individual occurred as a di10 rect result of a specified terrorist activity. 

11 SEC. 725. DEFINITIONS. 

12 (a) APPLICATION OF IMMIGRATION AND NATION13 ALITY ACT DEFINITIONS.—Except as otherwise specifi14 cally provided in this subtitle, the definitions used in the 

15 Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 

16 other than the definitions applicable exclusively to title III 

17 of such Act, shall apply in the administration of this sub18 title. 

19 (b) SPECIFIED TERRORIST ACTIVITY DEFINED.—In 

20 this subtitle, the term ‘‘specified terrorist activity’’ means 

21 any terrorist activity conducted against the Government 

22 or the people of the United States on September 11, 2001. 


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1 Subtitle D—Other Matters 

2 SEC. 731. OFFICE OF INTERNAL CORRUPTION INVESTIGA3 TION. 

4 (a) INTERNAL CORRUPTION AND BENEFITS

5 FRAUD.—Section 453 of the Homeland Security Act of 

6 2002 (6 U.S.C. 273) is amended— 

7 (1) by striking ‘‘the Bureau of’’ each place it 

8 appears and inserting ‘‘United States’’; 

9 (2) in subsection (a)— 

10 (A) by striking paragraph (1) and insert11 ing the following: 

12 ‘‘(1) establishing the Office of Internal Corrup13 tion Investigation, which shall— 

14 ‘‘(A) receive, process, administer, and in15 vestigate criminal and noncriminal allegations 

16 of misconduct, corruption, and fraud involving 

17 any employee or contract worker of United 

18 States Citizenship and Immigration Services 

19 that are not subject to investigation by the In20 spector General for the Department; 

21 ‘‘(B) ensure that all complaints alleging 

22 any violation described in subparagraph (A) are 

23 handled and stored in a manner appropriate to 

24 their sensitivity; 


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1 ‘‘(C) have access to all records, reports, 

2 audits, reviews, documents, papers, rec3 ommendations, or other material available to 

4 United States Citizenship and Immigration 

5 Services, which relate to programs and oper6 ations for which the Director is responsible 

7 under this Act; 

8 ‘‘(D) request such information or assist9 ance from any Federal, State, or local govern10 ment agency as may be necessary for carrying 

11 out the duties and responsibilities under this 

12 section; 

13 ‘‘(E) require the production of all informa14 tion, documents, reports, answers, records, ac15 counts, papers, and other data and documen16 tary evidence necessary to carry out the func17 tions under this section— 

18 ‘‘(i) by subpoena, which shall be en19 forceable, in the case of contumacy or re20 fusal to obey, by order of any appropriate 

21 United States district court; or 

22 ‘‘(ii) through procedures other than 

23 subpoenas if obtaining documents or infor24 mation from Federal agencies; 


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1 ‘‘(F) administer to, or take from, any per2 son an oath, affirmation, or affidavit, as nec3 essary to carry out the functions under this sec4 tion, which oath, affirmation, or affidavit, if ad5 ministered or taken by or before an agent of 

6 the Office of Internal Corruption Investigation 

7 shall have the same force and effect as if ad8 ministered or taken by or before an officer hav9 ing a seal; 

10 ‘‘(G) investigate criminal allegations and 

11 noncriminal misconduct; 

12 ‘‘(H) acquire adequate office space, equip13 ment, and supplies as necessary to carry out 

14 the functions and responsibilities under this 

15 section; and 

16 ‘‘(I) be under the direct supervision of the 

17 Director.’’; 

18 (B) in paragraph (2), by striking ‘‘and’’ at 

19 the end; 

20 (C) in paragraph (3), by striking the pe21 riod at the end and inserting ‘‘; and’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(4) establishing the Office of Immigration 

24 Benefits Fraud Investigation, which shall— 


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1 ‘‘(A) conduct administrative investigations, 

2 including site visits, to address immigration 

3 benefit fraud; 

4 ‘‘(B) assist United States Citizenship and 

5 Immigration Services provide the right benefit 

6 to the right person at the right time; 

7 ‘‘(C) track, measure, assess, conduct pat8 tern analysis, and report fraud-related data to 

9 the Director; and 

10 ‘‘(D) work with counterparts in other Fed11 eral agencies on matters of mutual interest or 

12 information-sharing relating to immigration 

13 benefit fraud.’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(c) ANNUAL REPORT.—The Director, in consulta16 tion with the Office of Internal Corruption Investigations, 

17 shall submit an annual report to the Committee on the 

18 Judiciary of the Senate and the Committee on the Judici19 ary of the House of Representatives that describes— 

20 ‘‘(1) the activities of the Office, including the 

21 number of investigations began, completed, pending, 

22 turned over to the Inspector General for criminal in23 vestigations, and turned over to a United States At24 torney for prosecution; and 


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1 ‘‘(2) the types of allegations investigated by the 

2 Office during the 12-month period immediately pre3 ceding the submission of the report that relate to the 

4 misconduct, corruption, and fraud described in sub5 section (a)(1).’’. 

6 (b) USE OF IMMIGRATION FEES TO COMBAT

7 FRAUD.—Section 286(v)(2)(B) (8 U.S.C. 1356(v)(2)(B)) 

8 is amended by adding at the end the following: ‘‘Not less 

9 than 20 percent of the funds made available under this 

10 subparagraph shall be used for activities and functions de11 scribed in paragraphs (1) and (4) of section 453(a) of the 

12 Homeland Security Act of 2002 (6 U.S.C. 273(a)).’’. 

13 SEC. 732. ADJUSTMENT OF STATUS FOR CERTAIN PER14 SECUTED RELIGIOUS MINORITIES. 

15 (a) IN GENERAL.—The Secretary shall adjust the 

16 status of an alien to that of an alien lawfully admitted 

17 for permanent residence if the alien— 

18 (1) is a persecuted religious minority; 

19 (2) is admissible to the United States as an im20 migrant, except as provided in subsection (b); 

21 (3) had an application for asylum pending on 

22 May 1, 2003; 

23 (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. 733. 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. 734. STATE COURT INTERPRETER GRANTS. 

7 (a) GRANTS AUTHORIZED.— 

8 (1) IN GENERAL.—The Administrator of the 

9 Office of Justice Programs of the Department of 

10 Justice (referred to in this section as the ‘‘Adminis11 trator’’) shall make grants, in accordance with such 

12 regulations as the Attorney General may prescribe, 

13 to State courts to develop and implement programs 

14 to assist individuals with limited English proficiency 

15 to access and understand State court proceedings in 

16 which they are a party. 

17 (2) TECHNICAL ASSISTANCE.—The Adminis18 trator shall allocate, for each fiscal year, $500,000 

19 of the amount appropriated pursuant to the author20 ization of appropriation in subsection (f) to be used 

21 to establish a court interpreter technical assistance 

22 program to assist State courts receiving grants 

23 under this section. 

24 (b) USE OF GRANTS.—Grants awarded pursuant to 

25 subsection (a) may be used by State courts to— 


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1 (1) assess regional language demands; 

2 (2) develop a court interpreter program for the 

3 State courts; 

4 (3) develop, institute, and administer language 

5 certification examinations; 

6 (4) recruit, train, and certify qualified court in7 terpreters; 

8 (5) pay for salaries, transportation, and tech9 nology necessary to implement the court interpreter 

10 program developed under paragraph (2); and 

11 (6) engage in other related activities, as pre12 scribed by the Attorney General. 

13 (c) APPLICATION.— 

14 (1) IN GENERAL.—The highest State court of 

15 each State desiring a grant under this section shall 

16 submit an application to the Administrator at such 

17 time, in such manner, and accompanied by such in18 formation as the Administrator may reasonably re19 quire. 

20 (2) STATE COURTS.—The highest State court 

21 of each State submitting an application under para22 graph (1) shall include in the application— 

23 (A) an identification of each State court in 

24 that State which would receive funds from the 

25 grant; 


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1 (B) the amount of funds each State court 

2 identified under subparagraph (A) would re3 ceive from the grant; and 

4 (C) the procedures the highest State court 

5 would use to directly distribute grant funds to 

6 State courts identified under subparagraph (A). 

7 (d) STATE COURT ALLOTMENTS.— 

8 (1) BASE ALLOTMENT.—From amounts appro9 priated for each fiscal year pursuant to the author10 ization of appropriations in subsection (f), the Ad11 ministrator shall allocate $100,000 to each of the 

12 highest State court of each State, which has an ap13 plication approved under subsection (c). 

14 (2) DISCRETIONARY ALLOTMENT.—From 

15 amounts appropriated for each fiscal year pursuant 

16 to the authorization of appropriations in subsection 

17 (f), the Administrator shall allocate a total of 

18 $5,000,000 to the highest State court of States that 

19 have extraordinary needs that must be addressed in 

20 order to develop, implement, or expand a State court 

21 interpreter program. 

22 (3) ADDITIONAL ALLOTMENT.—In addition to 

23 the allocations made under paragraphs (1) and (2), 

24 the Administrator shall allocate to each of the high25 est State court of each State, which has an applicaVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

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1 tion approved under subsection (c), an amount equal 

2 to the product reached by multiplying— 

3 (A) the unallocated balance of the amount 

4 appropriated for each fiscal year pursuant to 

5 the authorization of appropriations in sub6 section (f); and 

7 (B) the ratio between the number of people 

8 over 5 years of age who speak a language other 

9 than English at home in the State and the 

10 number of people over 5 years of age who speak 

11 a language other than English at home in all 

12 the States that receive an allocation under 

13 paragraph (1), as those numbers are deter14 mined by the Bureau of the Census. 

15 (e) TREATMENT OF THE DISTRICT OF COLUMBIA.— 

16 For purposes of this section— 

17 (1) the District of Columbia shall be treated as 

18 a State; and 

19 (2) the District of Columbia Court of Appeals 

20 shall be the highest State court of the District of 

21 Columbia. 

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated such sums as may be 

24 necessary for each of the fiscal years 2008 through 2012 

25 to carry out this section. 


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1 SEC. 735. ADEQUATE NOTICE FOR ALTERNATE COUNTRY 

2 OF REMOVAL. 

3 Section 241(b)(2) (8 U.S.C. 1231(b)(2)) is amended 

4 by adding at the end the following new subparagraph: 

5 ‘‘(G) NOTICE OF COUNTRY OF REMOVAL.— 

6 If the Secretary of Homeland Security deter7 mines that an alien will be removed to a coun8 try that was not designated by the alien under 

9 subparagraph (A)(i) of section 241 as amended 

10 at the time of the removal hearing, the Sec11 retary shall provide notice of such determina12 tion to the alien and provide the alien an oppor13 tunity for a hearing before an immigration 

14 judge to request protection from removal to 

15 that country on the basis that the alien would 

16 face persecution or torture in that country.’’. 

17 SEC. 736. STANDARDS FOR BIOMETRIC DOCUMENTS. 

18 Any visa issued by the Secretary of State and any 

19 immigration-related document issued by the Secretary of 

20 State or the Secretary shall— 

21 (1) comply with authentication and biometric 

22 standards recognized by domestic and international 

23 standards organizations; 

24 (2) be machine-readable and tamper-resistant; 

25 (3) use biometric identifiers that are consistent 

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1 hanced Border Security and Visa Entry Reform Act 

2 of 2002 (8 U.S.C. 1732), and represent the benefits 

3 and status set forth in such section; 

4 (4) comply with the biometric and document 

5 identifying standards established by the Inter6 national Civil Aviation Organization; and 

7 (5) meet other requirements determined to be 

8 necessary by the Secretary of State and the Sec9 retary. 

10 SEC. 737. STATE IMPACT ASSISTANCE ACCOUNT. 

11 Section 286 (8 U.S.C. 1356), as amended by this Act, 

12 is further amended by adding at the end the following new 

13 subsection: 

14 ‘‘(x) STATE IMPACT ASSISTANCE ACCOUNT.— 

15 ‘‘(1) ESTABLISHMENT.—There is established in 

16 the general fund of the Treasury an account, which 

17 shall be known as the ‘State Impact Assistance Ac18 count’. 

19 ‘‘(2) SOURCE OF FUNDS.—Notwithstanding any 

20 other provision under this Act, there shall be depos21 ited as offsetting receipts into the State Impact As22 sistance Account all State impact assistance fees col23 lected under sections 407 and 602 of this Act. 

24 ‘‘(3) USE OF FUNDS.—Amounts deposited into 

25 the State Impact Assistance Account may only be 


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1 used to carry out the State Impact Assistance Grant 

2 Program established under paragraph (4). 

3 ‘‘(4) STATE IMPACT ASSISTANCE GRANT PRO4 GRAM.— 

5 ‘‘(A) ESTABLISHMENT.—The Secretary of 

6 Health and Human Services, in consultation 

7 with the Secretary of Education, shall establish 

8 the State Impact Assistance Grant Program 

9 (referred to in this section as the ‘Program’), 

10 under which the Secretary of Health and 

11 Human may award grants to States to provide 

12 health and education services to noncitizens in 

13 accordance with this paragraph. 

14 ‘‘(B) STATE ALLOCATIONS.—The Sec15 retary of Health and Human Services shall an16 nually allocate the amounts available in the 

17 State Impact Assistance Account among the 

18 States as follows: 

19 ‘‘(i) NONCITIZEN POPULATIONS.— 

20 Eighty percent of such amounts shall be 

21 allocated so that each State receives the 

22 greater of— 

23 ‘‘(I) $5,000,000; or 

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1 age of the amount to be distributed 

2 under this clause that is equal to the 

3 noncitizen resident population of the 

4 State divided by the noncitizen resi5 dent population of all States, based on 

6 the most recent data available from 

7 the Bureau of the Census. 

8 ‘‘(ii) HIGH GROWTH RATES.—Twenty 

9 percent of such amounts shall be allocated 

10 among the 20 States with the largest 

11 growth rates in noncitizen resident popu12 lation, as determined by the Secretary of 

13 Health and Human Services, so that each 

14 such State receives the percentage of the 

15 amount distributed under this clause that 

16 is equal to— 

17 ‘‘(I) the growth rate in the non18 citizen resident population of the 

19 State during the most recent 3-year 

20 period for which data is available from 

21 the Bureau of the Census; divided by 

22 ‘‘(II) the average growth rate in 

23 noncitizen resident population for the 

24 20 States during such 3-year period. 


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1 ‘‘(iii) LEGISLATIVE APPROPRIA2 TIONS.—The use of grant funds allocated 

3 to States under this paragraph shall be 

4 subject to appropriation by the legislature 

5 of each State in accordance with the terms 

6 and conditions under this paragraph. 

7 ‘‘(C) FUNDING FOR LOCAL GOVERN8 MENT.— 

9 ‘‘(i) DISTRIBUTION CRITERIA.—Grant 

10 funds received by States under this para11 graph shall be distributed to units of local 

12 government based on need and function. 

13 ‘‘(ii) MINIMUM DISTRIBUTION.—Ex14 cept as provided in clause (iii), a State 

15 shall distribute not less than 30 percent of 

16 the grant funds received under this para17 graph to units of local government not 

18 later than 180 days after receiving such 

19 funds. 

20 ‘‘(iii) EXCEPTION.—If an eligible unit 

21 of local government that is available to 

22 carry out the activities described in sub23 paragraph (D) cannot be found in a State, 

24 the State does not need to comply with 

25 clause (ii). 


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1 ‘‘(iv) UNEXPENDED FUNDS.—Any 

2 grant funds distributed by a State to a 

3 unit of local government that remain unex4 pended as of the end of the grant period 

5 shall revert to the State for redistribution 

6 to another unit of local government. 

7 ‘‘(D) USE OF FUNDS.—States and units of 

8 local government shall use grant funds received 

9 under this paragraph to provide health services, 

10 educational services, and related services to 

11 noncitizens within their jurisdiction directly, or 

12 through contracts with eligible services pro13 viders, including— 

14 ‘‘(i) health care providers; 

15 ‘‘(ii) local educational agencies; and 

16 ‘‘(iii) charitable and religious organi17 zations. 

18 ‘‘(E) STATE DEFINED.—In this paragraph, 

19 the term ‘State’ means each of the several 

20 States of the United States, the District of Co21 lumbia, the Commonwealth of Puerto Rico, the 

22 Virgin Islands, Guam, American Samoa, and 

23 the Commonwealth of the Northern Mariana Is24 lands. 


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1 ‘‘(F) CERTIFICATION.—In order to receive 

2 a payment under this section, the State shall 

3 provide the Secretary of Health and Human 

4 Services with a certification that the State’s 

5 proposed uses of the fund are consistent with 

6 (D). 

7 ‘‘(G) ANNUAL NOTICE TO STATES.—The 

8 Secretary of Health and Human Services shall 

9 inform the States annually of the amount of 

10 funds available to each State under the Pro11 gram.’’. 

12 SEC. 738. NEW WORKER PROGRAM AND CONDITIONAL NON13 IMMIGRANT FEE ACCOUNT. 

14 Section 286 (8 U.S.C. 1356), as amended by this Act, 

15 is further amended by adding at the end the following new 

16 subsection: 

17 ‘‘(y) NEW WORKER PROGRAM AND CONDITIONAL

18 NONIMMIGRANT FEE ACCOUNT.— 

19 ‘‘(1) ESTABLISHMENT.—There is established in 

20 the general fund of the Treasury an account, which 

21 shall be known as the ‘New Worker Program and 

22 Conditional Nonimmigrant Fee Account’. 

23 ‘‘(2) DEPOSITS.—Notwithstanding any other 

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1 setting receipts into the New Worker Program and 

2 Conditional Nonimmigrant Fee Account— 

3 ‘‘(A) all fees collected under section 218A; 

4 and 

5 ‘‘(B) all fines collected under section 

6 601(g)(2)(B). 

7 ‘‘(3) USE OF FUNDS.—Of the fees and fines de8 posited into the New Worker Program and Condi9 tional Nonimmigrant Fee Account— 

10 ‘‘(A) 53 percent shall remain available to 

11 the Secretary of Homeland Security for efforts 

12 related to the adjudication and implementation 

13 of the New Worker program and the program 

14 for conditional nonimmigrants and any other ef15 forts necessary to carry out the provisions of 

16 the STRIVE Act of 2007 and the amendments 

17 made by such Act, of which the Secretary shall 

18 allocate— 

19 ‘‘(i) 10 percent for the border security 

20 efforts described in title I of the STRIVE 

21 Act of 2007; 

22 ‘‘(ii) not more than 1 percent for pro23 motion of public awareness of the program 

24 for conditional nonimmigrants; 


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1 ‘‘(iii) not more than 1 percent for the 

2 Office of Citizenship to promote civics inte3 gration activities described in section 663 

4 of the STRIVE Act of 2007; and 

5 ‘‘(iv) 2 percent for the American Citi6 zenship Grant Program under section 663 

7 of the STRIVE Act of 2007; 

8 ‘‘(B) 15 percent shall remain available to 

9 the Secretary of Labor for the enforcement of 

10 labor standards in the geographic and occupa11 tional areas in which H–2C visa holders are 

12 likely to be employed and for other enforcement 

13 efforts under the STRIVE Act of 2007, or any 

14 amendment made by that Act, including tar15 geted audits of employers that participate in 

16 the H–2C program; 

17 ‘‘(C) 15 percent shall remain available to 

18 the Commissioner of Social Security and the 

19 Secretary of Homeland Security for the creation 

20 and maintenance of the Employment Eligibility 

21 Verification System described in section 

22 274A(c); 

23 ‘‘(D) 15 percent shall remain available to 

24 the Secretary of State to carry out any necVerDate Aug 31 2005 23:44 Mar 23, 2007 Jkt 059200 PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 E:\BILLS\H1645.IH H1645

ccoleman on PROD1PC60 with BILLS
697 

•HR 1645 IH

1 essary provisions of the STRIVE Act of 2007, 

2 or any amendments made by that Act; and 

3 ‘‘(E) 2 percent shall remain available to 

4 the Secretary of Health and Human Services 

5 for the reimbursement of hospitals serving H– 

6 2C workers and conditional nonimmigrants es7 tablished in the STRIVE Act of 2007 and the 

8 amendments made by such Act.’’. 

Æ 


ccoleman on PROD1PC60 with BILLS