individuals to implement the secure alternatives 
to detention program. 
(c) ELIGIBILITY AND OPERATIONS.— 
(1) SELECTION OF PARTICIPANTS.—The Sec-
retary shall select aliens to participate in the pro-
gram from designated groups specified in paragraph 
(4) if the Secretary determines that such aliens are 
not flight risks or dangers to the community. 
(2) VOLUNTARY
PARTICIPATION.—An alien’s 
participation in the program is voluntary and shall 
not confer any rights or benefits to the alien under 
the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.). 
(3) LIMITATION ON PARTICIPATION.— 
(A) IN GENERAL.—Only aliens who are in 
expedited removal proceedings under section 
236 of the Immigration and Nationality Act (8 
U.S.C. 1226) may participate in the program. 
(B) RULES OF CONSTRUCTION.— 
(i) ALIENS APPLYING FOR ASYLUM.— 
Aliens who have established a credible fear 
of persecution and have been referred to 
the Executive Office for Immigration Re-
view for an asylum hearing shall not be 
considered to be in expedited removal pro-
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ceedings and the custody status of such 
aliens after service of a Notice to Appear 
shall be determined in accordance with the 
procedures governing aliens in removal 
proceedings under section 240 of such Act 
(8 U.S.C. 1229a). 
(ii) UNACCOMPANIED
ALIEN
CHIL-
DREN.—Unaccompanied alien children (as 
defined in section 462(g)(2) of the Home-
land Security Act (6 U.S.C. 279(g)(2))) 
shall be considered to be in the care and 
exclusive custody of the Department of 
Health and Human Services and shall not 
be subject to expedited removal and shall 
not be permitted to participate in the pro-
gram. 
(4) DESIGNATED
GROUPS.—The designated 
groups referred to in paragraph (1) are the fol-
lowing: 
(A) Alien parents who are being detained 
with one or more of their children, and their de-
tained children. 
(B) Aliens who have serious medical or 
mental health needs. 
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(C) Aliens who are mentally retarded or 
autistic. 
(D) Pregnant alien women. 
(E) Elderly aliens who are over the age of 
65. 
(F) Aliens placed in expedited removal pro-
ceedings after being rescued from trafficking or 
criminal operations by Government authorities. 
(G) Other groups designated in regulations 
promulgated by the Secretary. 
(5) IMPLEMENTING REGULATIONS.—Not later 
than 180 days after the date of the enactment of 
this Act, the Secretary shall promulgate regulations 
to implement the secure alternatives to detention 
program and to standardize the care and treatment 
of aliens in immigration custody based on the Deten-
tion Operations Manual of the Department of 
Homeland Security. 
(6) DECISIONS REGARDING PROGRAM NOT RE-
VIEWABLE.—The decisions of the Secretary regard-
ing when to utilize the program and to what extent 
and the selection of aliens to participate in the pro-
gram shall not be subject to administrative or judi-
cial review. 
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(d) REPORTING REQUIREMENTS.—Not later than 
180 days after the date of the enactment of this Act and 
annually thereafter, the Secretary shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives, the Committee on the Judiciary of the House 
of Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Com-
mittee on the Judiciary of the Senate a report that details 
all policies, regulations, and actions taken to comply with 
the provisions in this section, including maximizing deten-
tion capacity and increasing the cost-effectiveness of de-
tention by implementing the secure alternatives to deten-
tion program, and a description of efforts taken to ensure 
that all aliens in expedited removal proceedings are resid-
ing under conditions that are safe, secure, and healthy. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Homeland Security such sums as may be necessary to 
carry out this section. Amounts appropriated pursuant to 
this section shall remain available until expended. 
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Subtitle C—Recruitment and Re-
tention of Additional Immigra-
tion 
Law 
Enforcement 
Per-
sonnel 
SEC. 631. ADDITIONAL UNITED STATES BORDER PATROL 
AGENTS. 
The Secretary of Homeland Security shall increase 
the number of United States Border Patrol agents by— 
(1) 2,500 in fiscal year 2010; 
(2) 2,750 in fiscal year 2011; 
(3) 3,000 in fiscal year 2012; 
(4) 3,250 in fiscal year 2013; and 
(5) 3,500 in fiscal year 2014. 
SEC. 632. PROVISIONS RELATING TO THE EXERCISE OF 
CERTAIN APPOINTMENT AND OTHER SIMI-
LAR AUTHORITIES WITH RESPECT TO THE 
UNITED STATES BORDER PATROL. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law— 
(1) all authority described in subsection (b) 
that (but for this section) would otherwise be vested 
in the Secretary of Homeland Security shall instead 
be vested in the head of the United States Border 
Patrol; 
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(2) an individual may not be appointed or con-
tinue to serve as the head of the United States Bor-
der Patrol if, at the time of appointment, such indi-
vidual has not completed at least 20 years of service, 
within the competitive service (as defined by section 
2102 of title 5, United States Code), as a United 
States Border Patrol agent; and 
(3) all activities described in subsection (b) 
shall be considered inherently Governmental func-
tions and may not be carried out by any persons 
other than employees of the United States Border 
Patrol. 
(b) AUTHORITIES DESCRIBED.—This section applies 
with respect to any authority relating to the recruitment, 
selection, and appointment of applicants (including the 
conducting of any investigation necessary to approve or 
grant security clearances) for United States Border Patrol 
agents, law enforcement officers (other than United States 
Border Patrol agents), and such other positions within the 
United States Border Patrol as the head of the United 
States Border Patrol may by regulation determine. 
(c) REGULATIONS.—The head of the United States 
Border Patrol shall by regulation identify the specific au-
thorities, including citations to the relevant provisions of 
law, rule, or regulation, to which this section applies. 
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SEC. 633. TRAINING FACILITIES. 
The Secretary of Homeland Security shall ensure 
that the training facilities used to train newly-hired 
United States Border Patrol agents are sufficiently spa-
cious and modern to ensure that all recruits are afforded 
the highest possible quality training, as well as reasonably 
comfortable living conditions. All dormitories shall be con-
structed so that each trainee is housed in separate quar-
ters. Moreover, the Secretary shall ensure that the train-
ing sites selected contains adequate housing for all perma-
nent and temporary instructors within the local com-
muting area. 
SEC. 634. OPERATIONAL FACILITIES. 
The Secretary of Homeland Security shall ensure 
that all operational facilities of the United States Border 
Patrol are well-equipped and sufficiently spacious and 
modern to enable all of the personnel assigned to such fa-
cilities to efficiently accomplish the agency’s mission. 
SEC. 635. MAXIMUM STUDENT LOAN REPAYMENTS FOR 
UNITED STATES BORDER PATROL AGENTS. 
Section 5379(b) of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(4) In the case of an employee (otherwise eligible 
for benefits under this section) who is serving as a full- 
time active-duty United States Border Patrol agent within 
the Department of Homeland Security— 
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‘‘(A) paragraph (2)(A) shall be applied by sub-
stituting ‘$20,000’ for ‘$10,000’; and 
‘‘(B) paragraph (2)(B) shall be applied by sub-
stituting ‘$80,000’ for ‘$60,000’.’’. 
SEC. 636. RECRUITMENT AND RELOCATION BONUSES AND 
RETENTION ALLOWANCES FOR PERSONNEL 
OF THE DEPARTMENT OF HOMELAND SECU-
RITY. 
The Secretary of Homeland Security shall ensure 
that the authority to pay recruitment and relocation bo-
nuses under section 5753 of title 5, United States Code, 
the authority to pay retention bonuses under section 5754 
of such title, and any other similar authorities available 
under any other provision of law, rule, or regulation, are 
exercised to the fullest extent allowable in order to encour-
age service in the Department of Homeland Security. 
SEC. 637. REPEAL OF THE DEPARTMENT OF HOMELAND SE-
CURITY HUMAN RESOURCES MANAGEMENT 
SYSTEM. 
(a) REPEAL.— 
(1) IN
GENERAL.—Effective as of the date 
specified in section 4 of the Homeland Security Act 
of 2002 (6 U.S.C. 101 note), chapter 97 of title 5, 
United States Code (as added by section 841(a)(2) 
of such Act), section 841(b)(3) of such Act, and sub-
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sections (c) and (e) of section 842 of such Act are 
repealed. 
(2) REGULATIONS.—Any regulations prescribed 
under authority of chapter 97 of title 5, United 
States Code, are void ab initio. 
(b) NULLIFICATION OF PREVIOUS EXCLUSIONS.— 
Effective as of the date of the enactment of this Act, all 
previous determinations as to whether— 
(1) an agency or subdivision of the Department 
of Homeland Security (or a predecessor agency or 
subdivision transferred into the Department) is ex-
cluded from coverage under chapter 71 of title 5, 
United States Code, 
(2) a unit or subdivision of a unit within the 
Department of Homeland Security (or a predecessor 
agency or subdivision transferred into the Depart-
ment) is not appropriate for representation by a 
labor organization under such chapter, or 
(3) an employee or position within the Depart-
ment of Homeland Security (or a predecessor agency 
or subdivision transferred into the Department) is 
within a unit that is not appropriate for representa-
tion by a labor organization under such chapter, 
are null and void, except to the extent that such deter-
minations were made in accordance with the criteria out-
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lined in paragraph (1), (2), (3), (4), or (7) of section 
7112(b) of such title 5. 
(c) CLERICAL AMENDMENT.—The table of chapters 
for part III of title 5, United States Code, is amended 
by striking the item relating to chapter 97. 
SEC. 638. ESTABLISHMENT OF SPECIALIZED INSPECTOR 
OCCUPATIONS. 
The Secretary of Homeland Security shall establish 
within the Bureau of Customs and Border Protection 3 
distinct inspectional occupations: immigration, customs, 
and agriculture. These divisions shall coordinate closely 
with each other under the direction of a high-level official 
within the Bureau, but shall report to separate operational 
chains of command. 
SEC. 639. INCREASE IN INSPECTORS AT AIRPORT AND 
LAND BORDER INSPECTION STATIONS. 
In each of the fiscal years 2010 through 2014, the 
Secretary of Homeland Security shall increase by not less 
than 1,000 the number of positions for full-time active 
duty immigration inspectors at airport and land border in-
spection stations within the Department of Homeland Se-
curity above the number of such positions for which funds 
were allotted for the preceding fiscal year. 
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SEC. 640. LAW ENFORCEMENT RETIREMENT COVERAGE 
FOR INSPECTION OFFICERS AND OTHER EM-
PLOYEES. 
(a) AMENDMENTS.— 
(1) FEDERAL EMPLOYEES’ RETIREMENT SYS-
TEM.— 
(A) Paragraph (17) of section 8401 of title 
5, United States Code, is amended by striking 
‘‘and’’ at the end of subparagraph (C), and by 
adding at the end the following: 
‘‘(E) an employee (not otherwise covered 
by this paragraph)— 
‘‘(i) the duties of whose position in-
clude the investigation or apprehension of 
individuals suspected or convicted of of-
fenses against the criminal laws of the 
United States; and 
‘‘(ii) who is authorized to carry a fire-
arm; and 
‘‘(F) an employee of the Internal Revenue 
Service, the duties of whose position are pri-
marily the collection of delinquent taxes and the 
securing of delinquent returns;’’. 
(B) CONFORMING
AMENDMENT.—Section 
8401(17)(C) of title 5, United States Code, is 
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amended by striking ‘‘(A) and (B)’’ and insert-
ing ‘‘(A), (B), (E), and (F)’’. 
(2) CIVIL
SERVICE
RETIREMENT
SYSTEM.— 
Paragraph (20) of section 8331 of title 5, United 
States Code, is amended by inserting after ‘‘posi-
tion.’’ (in the matter before subparagraph (A)) the 
following: ‘‘For the purpose of this paragraph, the 
employees described in the preceding provision of 
this paragraph (in the matter before ‘including’) 
shall be considered to include an employee, not oth-
erwise covered by this paragraph, who satisfies 
clauses (i)–(ii) of section 8401(17)(E) and an em-
ployee of the Internal Revenue Service the duties of 
whose 
position 
are 
as 
described 
in 
section 
8401(17)(F).’’. 
(3) EFFECTIVE DATE.—Except as provided in 
subsection (b), the amendments made by this sub-
section shall take effect on the date of the enactment 
of this Act, and shall apply only in the case of any 
individual first appointed (or seeking to be first ap-
pointed) as a law enforcement officer (within the 
meaning of those amendments) on or after such 
date. 
(b) TREATMENT OF SERVICE PERFORMED BY IN-
CUMBENTS.— 
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(1) LAW ENFORCEMENT OFFICER AND SERVICE 
DESCRIBED.— 
(A) LAW
ENFORCEMENT
OFFICER.—Any 
reference to a law enforcement officer described 
in this paragraph refers to an individual who 
satisfies the requirements of section 8331(20) 
or 8401(17) of title 5, United States Code (re-
lating to the definition of a law enforcement of-
ficer) by virtue of the amendments made by 
subsection (a). 
(B) SERVICE.—Any reference to service 
described in this paragraph refers to service 
performed as a law enforcement officer (as de-
scribed in this paragraph). 
(2) INCUMBENT
DEFINED.—For purposes of 
this subsection, the term ‘‘incumbent’’ means an in-
dividual who— 
(A) is first appointed as a law enforcement 
officer (as described in paragraph (1)) before 
the date of the enactment of this Act; and 
(B) is serving as such a law enforcement 
officer on such date. 
(3) TREATMENT OF SERVICE PERFORMED BY 
INCUMBENTS.— 
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(A) IN
GENERAL.—Service described in 
paragraph (1) which is performed by an incum-
bent on or after the date of the enactment of 
this Act shall, for all purposes (other than those 
to which subparagraph (B) pertains), be treated 
as service performed as a law enforcement offi-
cer (within the meaning of section 8331(20) or 
8401(17) of title 5, United States Code, as ap-
propriate), irrespective of how such service is 
treated under subparagraph (B). 
(B) RETIREMENT.—Service described in 
paragraph (1) which is performed by an incum-
bent before, on, or after the date of the enact-
ment of this Act shall, for purposes of sub-
chapter III of chapter 83 and chapter 84 of 
title 5, United States Code, be treated as serv-
ice performed as a law enforcement officer 
(within the meaning of such section 8331(20) 
or 8401(17), as appropriate), but only if an ap-
propriate written election is submitted to the 
Office of Personnel Management within 5 years 
after the date of the enactment of this Act or 
before separation from Government service, 
whichever is earlier. 
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(4) INDIVIDUAL
CONTRIBUTIONS
FOR
PRIOR 
SERVICE.— 
(A) IN
GENERAL.—An individual who 
makes an election under paragraph (3)(B) may, 
with respect to prior service performed by such 
individual, contribute to the Civil Service Re-
tirement and Disability Fund the difference be-
tween the individual contributions that were ac-
tually made for such service and the individual 
contributions that should have been made for 
such service if the amendments made by sub-
section (a) had then been in effect. 
(B) EFFECT OF NOT CONTRIBUTING.—If 
no part of or less than the full amount required 
under subparagraph (A) is paid, all prior serv-
ice of the incumbent shall remain fully cred-
itable as law enforcement officer service, but 
the resulting annuity shall be reduced in a man-
ner similar to that described in section 
8334(d)(2) of title 5, United States Code, to 
the extent necessary to make up the amount 
unpaid. 
(C) PRIOR SERVICE DEFINED.—For pur-
poses of this subsection, the term ‘‘prior serv-
ice’’ means, with respect to any individual who 
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makes an election under paragraph (3)(B), 
service (described in paragraph (1)) performed 
by such individual before the date as of which 
appropriate retirement deductions begin to be 
made in accordance with such election. 
(5) GOVERNMENT CONTRIBUTIONS FOR PRIOR 
SERVICE.— 
(A) IN GENERAL.—If an incumbent makes 
an election under paragraph (3)(B), the agency 
in or under which that individual was serving at 
the time of any prior service (referred to in 
paragraph (4)) shall remit to the Office of Per-
sonnel Management, for deposit in the Treasury 
of the United States to the credit of the Civil 
Service Retirement and Disability Fund, the 
amount required under subparagraph (B) with 
respect to such service. 
(B) AMOUNT REQUIRED.—The amount an 
agency is required to remit is, with respect to 
any prior service, the total amount of additional 
Government contributions to the Civil Service 
Retirement and Disability Fund (above those 
actually paid) that would have been required if 
the amendments made by subsection (a) had 
then been in effect. 
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(C) CONTRIBUTIONS
TO
BE
MADE
RAT-
ABLY.—Government contributions under this 
paragraph on behalf of an incumbent shall be 
made by the agency ratably (on at least an an-
nual basis) over the 10-year period beginning 
on the date referred to in paragraph (4)(C). 
(6) EXEMPTION
FROM
MANDATORY
SEPARA-
TION.—Nothing in section 8335(b) or 8425(b) of 
title 5, United States Code, shall cause the involun-
tary separation of a law enforcement officer (as de-
scribed in paragraph (1)) before the end of the 3- 
year period beginning on the date of the enactment 
of this Act. 
(7) REGULATIONS.—The Office shall prescribe 
regulations to carry out this section, including— 
(A) provisions in accordance with which in-
terest on any amount under paragraph (4) or 
(5) shall be computed, based on section 8334(e) 
of title 5, United States Code; and 
(B) provisions for the application of this 
subsection in the case of— 
(i) any individual who— 
(I) satisfies subparagraph (A) 
(but not subparagraph (B)) of para-
graph (2); and 
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(II) serves as a law enforcement 
officer (as described in paragraph (1)) 
after the date of the enactment of this 
Act; and 
(ii) any individual entitled to a sur-
vivor annuity (based on the service of an 
incumbent, or of an individual under 
clause (i), who dies before making an elec-
tion under paragraph (3)(B)), to the ex-
tent of any rights that would then be avail-
able to the decedent (if still living). 
(8) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be considered to apply in the case 
of a reemployed annuitant. 
SEC. 641. REESTABLISHMENT OF THE UNITED STATES BOR-
DER PATROL ANTI-SMUGGLING UNIT. 
The Secretary of Homeland Security shall reestablish 
the Anti-Smuggling Unit within the Office of United 
States Border Patrol, and shall immediately staff such of-
fice with a minimum of 500 criminal investigators selected 
from within the ranks of the United States Border Patrol. 
Staffing levels shall be adjusted upward periodically in ac-
cordance with workload requirements. 
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SEC. 642. ESTABLISHMENT OF SPECIALIZED CRIMINAL IN-
VESTIGATOR OCCUPATIONS. 
The Secretary of Homeland Security shall establish 
specialized Criminal Investigator occupations within the 
Department: one for the investigation of violations of im-
migration laws, another for customs laws, and a third for 
agriculture laws. These divisions shall coordinate closely 
with each other under the direction of a high-level official 
within the Department, but shall report to separate oper-
ational chains of command. 
SEC. 643. ESTABLISHMENT OF CAREER PATHS TO CRIMI-
NAL INVESTIGATOR POSITIONS. 
The Secretary of Homeland Security shall ensure 
that all persons selected for criminal investigator positions 
within the Department of Homeland Security possess a 
minimum of 3 years of field experience within the Depart-
ment or its predecessor agencies in the specialized area 
of law that will be investigated. 
SEC. 
644. 
ADDITIONAL 
IMMIGRATION 
ENFORCEMENT 
AGENTS. 
In each of fiscal years 2010 through 2014, the Sec-
retary of Homeland Security shall increase by not less 
than 500 the number of positions for full-time active duty 
immigration enforcement agents responsible for trans-
porting and guarding detained aliens above the number 
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of such positions for which funds were allotted for the pre-
ceding fiscal year. 
SEC. 645. INCREASE UNITED STATES BORDER PATROL 
AGENT AND INSPECTOR PAY. 
(a) IN GENERAL.—Effective as of the first day of the 
first applicable pay period beginning on or after the date 
of the enactment of this Act, the rate of basic pay for 
all employees of the Department of Homeland Security de-
scribed in subsection (b) shall be increased in accordance 
with subsection (c). 
(b) EMPLOYEES DESCRIBED.—This section applies 
to any individual who, as of the date of the enactment 
of this Act— 
(1) is a journey level United States Border Pa-
trol agent or immigration, customs, or agriculture 
inspector within the Department of Homeland Secu-
rity, whose primary duties consist of enforcing the 
immigration, customs, or agriculture laws of the 
United States; 
(2) has completed at least one year of service 
as a United States Border Patrol agent or inspector 
(whether as an employee of the Department of 
Homeland Security, the Department of Justice, or 
both agencies combined); and 
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(3) is receiving an annual rate of basic pay for 
positions at GS–11 of the General Schedule under 
section 5332 of title 5, United States Code. 
(c) INCREASE DESCRIBED.—The basic rate of pay for 
the employees described in this subsection shall increase 
from the annual rate of basic pay for positions at GS– 
11 of the General Schedule to the annaul rate of basic 
pay for positions at GS–13 of such schedule. 
SEC. 646. FAIR LABOR STANDARDS ACT OVERTIME. 
Notwithstanding any other provisionof law, all over-
time hours worked on and after the date of the enactment 
of this Act by all employees of the Department of Home-
land Security who are at or below the second-line level of 
field supervision shall be compensated in accordance with 
the provisions of the Fair Labor Standards Act. 
Subtitle D—Enforcement Tools to 
Diminish Entries Using Fraudu-
lent Documents and Commer-
cial Alien Smuggling 
SEC. 651. FOREIGN LANGUAGE TRAINING. 
The Secretary of Homeland Security shall require all 
officers of the Department of Homeland Security who 
come into contact with aliens who have crossed the border 
illegally to take Spanish and other appropriate foreign lan-
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guage training courses to facilitate communication with 
the aliens. 
SEC. 652. FOREIGN LANGUAGE AWARDS. 
(a) SPECIAL RULES.—The Secretary of Homeland 
Security shall apply section 4523 of title 5, United States 
Code, in conformance with the following: 
(1) Any law enforcement officer within the De-
partment of Homeland Security whose primary du-
ties involve— 
(A) the enforcement of the immigration 
laws of the United States, 
(B) the detention or transportation of vio-
lators of the immigration laws of the United 
States, or 
(C) both, 
shall, for purposes of such section 4523, be pre-
sumed to make substantial use of a foreign language 
in the performance of such officer’s official duties. 
(2)(A) Any individual who successfully com-
pletes a foreign language program as part of their 
agency-sponsored or agency-approved training shall 
be deemed to possess the foreign language pro-
ficiency necessary to qualify for an award under 
such section for so long as such individual serves as 
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a law enforcement officer within the Department of 
Homeland Security. 
(B) Nothing in this paragraph shall, in the case 
of any individual who does not satisfy subparagraph 
(A), prevent such individual from being allowed to 
demonstrate foreign language proficiency in accord-
ance with the criteria and procedures that would 
otherwise apply under such section. 
(3) For purposes of applying subsection (a) of 
such section 4523, substitute ‘‘equal to’’ for ‘‘up to’’. 
(b) DEFINITION.—For purposes of this section, the 
term ‘‘law enforcement officer’’ has the meaning given 
such term by section 4521 of such title 5. 
SEC. 653. ADDITIONAL PERSONNEL FOR INVESTIGATION OF 
FRAUDULENT 
SCHEMES 
AND 
DOCUMENT 
FRAUD. 
The Secretary of Homeland Security shall hire at 
least 1000 additional investigators for investigating fraud-
ulent schemes, including benefit application schemes, and 
fraudulent documents used to enter or remain in the 
United States unlawfully. 
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SEC. 654. ESTABLISH A SPECIAL TASK FORCE FOR COORDI-
NATING AND DISTRIBUTING INFORMATION 
ON 
FRAUDULENT 
IMMIGRATION 
DOCU-
MENTS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a Fraudulent Documents Task Force 
to carry out the following: 
(1) Collect information from Federal, State, 
and local law enforcement agencies, and foreign gov-
ernments on the production, sale, distribution and 
use of fraudulent documents intended to be used to 
enter, travel or remain within the United States un-
lawfully. 
(2) Maintain the information described in sub-
part (1) in a comprehensive database. 
(3) Maintain a repository of genuine and fraud-
ulent travel and identity document exemplars. 
(4) Convert the information collected into re-
ports that provide guidance to government officials 
in identifying fraudulent documents being used to 
enter into, travel within or remain in the United 
States. 
(5) Develop a system for distributing these re-
ports on an ongoing basis to appropriate Federal, 
State, and local law enforcement agencies. 
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(b) DISTRIBUTION
OF
INFORMATION.—The task 
force will distribute the reports to appropriate Federal, 
State, and local law enforcement agencies on an ongoing 
basis. 
SEC. 655. NEW NONIMMIGRANT VISA CLASSIFICATION TO 
ENABLE 
INFORMANTS 
TO 
ENTER 
THE 
UNITED STATES AND REMAIN TEMPORARILY. 
(a) IN GENERAL.—Section 101(a)(15)(S) (8 U.S.C. 
1101(a)(15)(S)) is amended— 
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by striking the comma at the 
end and inserting ‘‘; or’’; 
(3) by inserting after clause (ii) the following: 
‘‘(iii) who the Secretary of Homeland 
Security, the Secretary of State, or the At-
torney General determines— 
‘‘(I) is in possession of critical re-
liable information concerning a com-
mercial alien smuggling organization 
or enterprise or a commercial oper-
ation for making or trafficking in doc-
uments to be used for entering or re-
maining in the United States unlaw-
fully; 
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‘‘(II) is willing to supply or has 
supplied such information to a Fed-
eral or State court; or 
‘‘(III) whose presence in the 
United States the Secretary of Home-
land Security, the Secretary of State, 
or the Attorney General determines is 
essential to the success of an author-
ized criminal investigation, the suc-
cessful prosecution of an individual in-
volved in the commercial alien smug-
gling organization or enterprise, or 
the disruption of such organization or 
enterprise or a commercial operation 
for making or trafficking in docu-
ments to be used for entering or re-
maining in the United States unlaw-
fully.’’; 
(4) by inserting ‘‘, or with respect to clause 
(iii), the Secretary of Homeland Security, the Sec-
retary of State, or the Attorney General’’ after 
‘‘jointly’’; and 
(5) by striking ‘‘(i) or (ii)’’ and inserting ‘‘(i), 
(ii), or (iii)’’. 
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(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(k) (8 U.S.C. 1184(k)) is amended— 
(1) by adding at the end of paragraph (1) the 
following: ‘‘The number of aliens who may be pro-
vided a visa as nonimmigrants under section 
101(a)(15)(S)(iii) in any fiscal year may not exceed 
400.’’; and 
(2) by adding at the end the following: 
‘‘(5) If the Secretary of Homeland Security, the 
Secretary of State, or the Attorney General deter-
mines that a nonimmigrant described in clause (iii) 
of section 101(a)(15)(S), or that of any family mem-
ber of such a nonimmigrant who is provided non-
immigrant status pursuant to such section, must be 
protected, such official may take such lawful action 
as the official considers necessary to effect such pro-
tection.’’. 
SEC. 656. ADJUSTMENT OF STATUS WHEN NEEDED TO PRO-
TECT INFORMANTS. 
Section 245(j) (8 U.S.C. 1255(j)) is amended— 
(1) in paragraph (3), by striking ‘‘(1) or (2),’’ 
and inserting ‘‘(1), (2), (3), or (4),’’; 
(2) by redesignating paragraph (3) as para-
graph (5); 
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(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) if, in the opinion of the Secretary of 
Homeland Security, the Secretary of State, or the 
Attorney General— 
‘‘(A) a nonimmigrant admitted into the 
United States under section 101(a)(15)(S)(iii) 
has supplied information described in subclause 
(I) of such section; and 
‘‘(B) the provision of such information has 
substantially contributed to the success of a 
commercial alien smuggling investigation or an 
investigation of the sale or production of fraud-
ulent documents to be used for entering or re-
maining in the United States unlawfully, the 
disruption of such an enterprise, or the pros-
ecution of an individual described in subclause 
(III) of that section, 
the Secretary of Homeland Security may adjust the 
status of the alien (and the spouse, children, mar-
ried and unmarried sons and daughters, and parents 
of the alien if admitted under that section) to that 
of an alien lawfully admitted for permanent resi-
dence if the alien is not described in section 
212(a)(3)(E). 
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‘‘(4) The Secretary of Homeland Security may 
adjust the status of a nonimmigrant admitted into 
the United States under section 101(a)(15)(S)(iii) 
(and the spouse, children, married and unmarried 
sons and daughters, and parents of the non-
immigrant if admitted under that section) to that of 
an alien lawfully admitted for permanent residence 
on the basis of a recommendation of the Secretary 
of State or the Attorney General.’’; and 
(4) by adding at the end the following: 
‘‘(6) If the Secretary of Homeland Security, the 
Secretary of State, or the Attorney General deter-
mines that a person whose status is adjusted under 
this subsection must be protected, such official may 
take such lawful action as the official considers nec-
essary to effect such protection.’’. 
SEC. 657. REWARDS PROGRAM. 
(a) REWARDS PROGRAM.—Section 274 (8 U.S.C. 
1324) is amended by adding at the end the following: 
‘‘(e) REWARDS PROGRAM.— 
‘‘(1) IN GENERAL.—There is established in the 
Department of Homeland Security a program for 
the payment of rewards to carry out the purposes of 
this section. 
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‘‘(2) PURPOSE.—The rewards program shall be 
designed to assist in the elimination of commercial 
operations to produce or sell fraudulent documents 
to be used for entering or remaining in the United 
States unlawfully and to assist in the investigation, 
prosecution, or disruption of a commercial alien 
smuggling operation. 
‘‘(3) ADMINISTRATION.—The rewards program 
shall be administered by the Secretary of Homeland 
Security, in consultation, as appropriate, with the 
Attorney General and the Secretary of State. 
‘‘(4) REWARDS AUTHORIZED.—In the sole dis-
cretion of the Secretary of Homeland Security, such 
Secretary, in consultation, as appropriate, with the 
Attorney General and the Secretary of State, may 
pay a reward to any individual who furnishes infor-
mation or testimony leading to— 
‘‘(A) the arrest or conviction of any indi-
vidual conspiring or attempting to produce or 
sell fraudulent documents to be used for enter-
ing or remaining in the United States unlaw-
fully or to commit an act of commercial alien 
smuggling involving the transportation of 
aliens; 
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‘‘(B) the arrest or conviction of any indi-
vidual committing such an act; 
‘‘(C) the arrest or conviction of any indi-
vidual aiding or abetting the commission of 
such an act; 
‘‘(D) the prevention, frustration, or favor-
able resolution of such an act, including the dis-
mantling of an operation to produce or sell 
fraudulent documents to be used for entering or 
remaining in the United States, or commercial 
alien smuggling operations, in whole or in sig-
nificant part; or 
‘‘(E) the identification or location of an in-
dividual who holds a key leadership position in 
an operation to produce or sell fraudulent docu-
ments to be used for entering or remaining in 
the United States unlawfully or a commercial 
alien smuggling operation involving the trans-
portation of aliens. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out this subsection. 
Amounts appropriated under this paragraph shall 
remain available until expended. 
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‘‘(6) INELIGIBILITY.—An officer or employee of 
any Federal, State, local, or foreign government 
who, while in performance of his or her official du-
ties, furnishes information described in paragraph 
(4) shall not be eligible for a reward under this sub-
section for such furnishing. 
‘‘(7) PROTECTION MEASURES.—If the Secretary 
of Homeland Security, the Secretary of State, or the 
Attorney General determines that an individual who 
furnishes information or testimony described in 
paragraph (4), or any spouse, child, parent, son, or 
daughter of such an individual, must be protected, 
such official may take such lawful action as the offi-
cial considers necessary to effect such protection. 
‘‘(8) LIMITATIONS AND CERTIFICATION.— 
‘‘(A) 
MAXIMUM
AMOUNT.—No 
reward 
under this subsection may exceed $100,000, ex-
cept as personally authorized by the Secretary 
of Homeland Security. 
‘‘(B) APPROVAL.—Any reward under this 
subsection exceeding $50,000 shall be person-
ally approved by the Secretary of Homeland Se-
curity. 
‘‘(C) CERTIFICATION FOR PAYMENT.—Any 
reward granted under this subsection shall be 
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certified for payment by the Secretary of Home-
land Security.’’. 
SEC. 658. OUTREACH PROGRAM. 
Section 274 (8 U.S.C. 1324), as amended by sub-
section (a), is further amended by adding at the end the 
following: 
‘‘(f) OUTREACH PROGRAM.—The Secretary of Home-
land Security, in consultation, as appropriate, with the At-
torney General and the Secretary of State, shall develop 
and implement an outreach program to educate the public 
in the United States and abroad about— 
‘‘(1) the penalties for— 
‘‘(A) bringing in and harboring aliens in 
violation of this section; and 
‘‘(B) participating in a commercial oper-
ation for making, or trafficking in, documents 
to be used for entering or remaining in the 
United States unlawfully; and 
‘‘(2) the financial rewards and other incentives 
available for assisting in the investigation, disrup-
tion, or prosecution of a commercial smuggling oper-
ation or a commercial operation for making, or traf-
ficking in, documents to be used for entering or re-
maining in the United States unlawfully.’’. 
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TITLE VII—EMPLOYMENT-BASED 
IMMIGRATION 
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT 
PRACTICES. 
Section 274B (8 U.S.C. 1324b) is amended— 
(1) in subsection (a)(5)— 
(A) by amending the paragraph heading to 
read ‘‘PROHIBITION OF INTIMIDATION, RETAL-
IATION, OR UNLAWFUL DISCRIMINATION
IN 
EMPLOYMENT’’; 
(B) by moving the text down and to the 
right 2 ems; 
(C) by inserting before such text the fol-
lowing: ‘‘(A) IN GENERAL.—’’; and 
(D) by adding at the end the following: 
‘‘(B) FEDERAL
LABOR
OR
EMPLOYMENT 
LAWS.—It is an unfair employment practice for 
any employer to directly or indirectly threaten 
any individual with removal or any other ad-
verse consequences pertaining to that individ-
ual’s immigration status or employment bene-
fits for the purpose of intimidating, pressuring, 
or coercing any such individual not to exercise 
any right protected by State or Federal labor or 
employment law (including section 7 of the Na-
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tional Labor Relations Act (29 U.S.C. 157)), or 
for the purpose of retaliating against any such 
individual for having exercised or having stated 
an intention to exercise any such right. 
‘‘(C) DISCRIMINATION BASED ON IMMIGRA-
TION
STATUS.—It is an unfair employment 
practice for any employer, except to the extent 
specifically authorized or required by law, to 
discriminate in any term or condition of em-
ployment against any individual employed by 
such employer on the basis of such individual’s 
immigration status.’’; and 
(2) in subsection (c)(2), by adding at the end 
the following: ‘‘The Special Counsel shall not dis-
close to the Secretary of Homeland Security or any 
other government agency or employee, and shall not 
cause to be published in a manner that discloses to 
the Secretary of Homeland Security or any other 
government agency or employee, any information ob-
tained by the Special Counsel in any manner con-
cerning the immigration status of any individual who 
has filed a charge under this section, or the identity 
of any individual or entity that is a party or witness 
to a proceedings brought pursuant to such charge. 
The Secretary of Homeland Security may not rely, 
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in whole or in part, in any enforcement action or re-
moval proceeding, upon any information obtained as 
a result of the filing or prosecution of an unfair im-
migration-related employment practice charge. For 
purposes of this paragraph, the term ‘Special Coun-
sel’ includes individuals formerly appointed to the 
position of Special Counsel and any current or 
former employee of the office of the Special Counsel. 
Whoever knowingly uses, publishes, or permits infor-
mation to be used in violation of this paragraph 
shall be fined not more than $10,000.’’. 
SEC. 702. DEPARTMENT OF LABOR TASK FORCE. 
The Secretary of Labor, in consultation with the At-
torney General and the Secretary of Homeland Security, 
shall conduct a national study of American workplaces to 
determine the causes, extent, circumstances, and con-
sequences, of exploitation of undocumented alien workers 
by their employers. As part of this study, the Secretary 
of Labor shall create a plan for targeted review of Federal 
labor law enforcement in industries with a substantial im-
migrant workforce, for the purpose of identifying, moni-
toring, and deterring frequent or egregious violators of 
wage and hour, antidiscrimination, National Labor Rela-
tions Act, and workplace safety and health requirements. 
Not later than 18 months after the date of the enactment 
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of this Act, the Secretary of Labor shall submit to the 
Congress a report describing the results of the study and 
the Secretary’s recommendations based on the study. 
SEC. 703. RECRUITMENT OF AMERICAN WORKERS. 
Section 214 is amended— 
(1) by redesignating subsections (m) (as added 
by section 105 of Public Law 106–313), (n) (as 
added by section 107(e) of Public Law 106–386), 
(o) (as added by section 1513(c) of Public Law 106– 
386), (o) (as added by section 1102(b) of the Legal 
Immigration Family Equity Act), and (p) (as added 
by section 1503(b) of the Legal Immigration Family 
Equity Act) as subsections (n), (o), (p), (q), and (r), 
respectively; and 
(2) by adding at the end the following: 
‘‘(s)(1) No petition to accord employment status 
under the nonimmigrant classifications described in sec-
tions 101(a)(15)(E)(iii) and (H) shall be granted in the 
absence of an affidavit from the petitioner describing the 
efforts that were made to recruit an alien lawfully admit-
ted for permanent residence or a citizen of the United 
States before resorting to a petition to obtain a foreign 
employee. The recruitment efforts must have included sub-
stantial attempts to find employees in minority commu-
nities. Recruitment efforts in minority communities should 
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include at least one of the following, if appropriate for the 
employment being advertised: 
‘‘(A) Advertise the availability of the job oppor-
tunity for which the employer is seeking a worker in 
local newspapers in the labor market that is likely 
to be patronized by a potential worker for at least 
5 consecutive days. 
‘‘(B) Undertake efforts to advertise the avail-
ability of the job opportunity for which the employer 
is seeking a worker through advertisements in public 
transportation systems. 
‘‘(C) To the extent permitted by local laws and 
regulations, engage in recruitment activities in sec-
ondary schools, recreation centers, community cen-
ters, and other places throughout the communities 
within 50 miles of the job site that serve minorities. 
‘‘(2)(A) The Secretary of Homeland Security shall 
impose a 10 percent surcharge on all fees collected for pe-
titions to accord employment status and shall use these 
funds to establish an employment training program which 
will include unemployed workers in the United States who 
need to be trained or retrained. The purpose of this pro-
gram shall be to increase the number of lawful permanent 
residents and citizens of the United States who are avail-
able for employment in the occupations that are the sub-
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jects of such petitions. At least 50 percent of the funds 
generated by this provision must be used to train Amer-
ican workers in rural and inner-city areas. 
‘‘(B) The Secretary of Homeland Security shall re-
serve and make available to the Secretary of Labor a por-
tion of the funds collected under this paragraph. Such 
funds shall be used by the Secretary of Labor to establish 
an ‘Office to Preserve American Jobs’ within the Depart-
ment of Labor. The purpose of this office shall be to estab-
lish policies intended to ensure that employers in the 
United States will hire available workers in the United 
States before resorting to foreign labor, giving substantial 
emphasis to hiring minority workers in the United 
States.’’. 
TITLE VIII—FAIRNESS IN 
REMOVAL PROCEEDINGS 
SEC. 801. RIGHT TO COUNSEL. 
Section 292 (8 U.S.C. 1362) is amended by striking 
the matter after the section designation and inserting the 
following: ‘‘In any bond, custody, detention, or removal 
proceedings before the Attorney General and in any appeal 
proceedings before the Attorney General from any such 
proceedings, the person concerned shall have the privilege 
of being represented (at no expense to the government) 
by such counsel, authorized to practice in such pro-
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ceedings, as he shall choose. With consent of their clients, 
counsel may enter appearances limited to bond, custody, 
or other specific proceedings.’’. 
SEC. 802. PRESUMPTION IN FAVOR OF WITHDRAWAL OF AP-
PLICATION FOR ADMISSION. 
Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended 
to read as follows: 
‘‘(4) WITHDRAWAL OF APPLICATION FOR AD-
MISSION.— 
‘‘(A) PRESUMPTION IN FAVOR OF WITH-
DRAWAL.—The Attorney General shall permit 
an alien applying for admission to withdraw the 
application and depart immediately from the 
United States at any time, unless an immigra-
tion judge has rendered a decision with respect 
to the admissibility of the alien, except that the 
Attorney General may deny permission for the 
withdrawal when warranted by unusual cir-
cumstances. 
‘‘(B) PERMISSIVE
WITHDRAWAL.—Except 
as provided in subparagraph (A), an alien ap-
plying for admission may, in the discretion of 
the Attorney General and at any time after a 
decision described in such subparagraph has 
been rendered, be permitted to withdraw the 
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application and depart immediately from the 
United States.’’. 
SEC. 803. ABSENCES OUTSIDE THE CONTROL OF THE 
ALIEN. 
Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13)(C)) is 
amended by amending clause (ii) to read as follows: 
‘‘(ii) has been absent from the United 
States for a continuous period in excess of 
one year unless the alien’s return was im-
peded by emergency or extenuating cir-
cumstances outside the control of the 
alien,’’. 
SEC. 804. REINSTATEMENT OF REMOVAL ORDERS AGAINST 
ALIENS ILLEGALLY REENTERING. 
Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amend-
ed— 
(1) by inserting ‘‘, after a hearing by an immi-
gration judge,’’ after ‘‘If’’; 
(2) by inserting ‘‘, on or after September 30, 
1996,’’ after ‘‘alien has’’; 
(3) by striking ‘‘is reinstated’’ and inserting 
‘‘may be deemed to be reinstated’’; 
(4) by striking ‘‘and is not subject’’ and all that 
follows through ‘‘under this Act’’; and 
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(5) by striking the period at the end and insert-
ing the following: ‘‘subject to reopening and review 
of the previous order. Nothing in this section shall 
preclude an alien from applying for any relief from 
removal under this Act.’’. 
SEC. 805. PERMANENT APPLICATION OF SECTION 245(i). 
Section 245(i) (8 U.S.C. 1255(i)) is amended— 
(1) by inserting ‘‘and’’ at the end of paragraph 
(1)(A); 
(2) by amending paragraph (1)(B) to read as 
follows: 
‘‘(B) who is the beneficiary (including a 
spouse or child of the principal alien) of— 
‘‘(i) a petition for classification under 
section 204; or 
‘‘(ii) an application for a labor certifi-
cation under section 212(a)(5)(A);’’; 
(3) by striking paragraph (1)(C); and 
(4) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’. 
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SEC. 806. DISCRETIONARY WAIVER OF INADMISSIBILITY 
BASED ON UNLAWFUL PRESENCE, FAILURE 
TO ATTEND REMOVAL PROCEEDINGS, AND 
MISREPRESENTATIONS. 
(a) IN GENERAL.—Section 212(i) (8 U.S.C. 1182(i)) 
is amended to read as follows: 
‘‘(i) The Secretary of Homeland Security may waive 
the application of subparagraph (A)(i) or (B), or clause 
(i) or (ii) of subparagraph (C), of subsection (a)(6) in the 
case of an immigrant who is the parent, spouse, child, son, 
or daughter of a United States citizen or of an alien law-
fully admitted to the United States for permanent resi-
dence, if it is established to the satisfaction of the Sec-
retary that the refusal of admission to the United States 
of such immigrant would result in hardship to the immi-
grant or to such citizen or lawful permanent resident par-
ent, spouse, child, son, or daughter.’’. 
(b) CONFORMING AMENDMENTS.—Section 212(a)(6) 
(8 U.S.C. 1182(a)(6)) is amended— 
(1) in subparagraph (A), by adding at the end 
the following: 
‘‘(iii) WAIVER
AUTHORIZED.—For a 
provision authorizing the waiver of clause 
(i), see subsection (i).’’; 
(2) in subparagraph (B)— 
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(A) by inserting ‘‘(i)’’ after the subpara-
graph heading; and 
(B) by adding at the end the following: 
‘‘(ii) WAIVER
AUTHORIZED.—For a 
provision authorizing the waiver of clause 
(i), see subsection (i).’’; and 
(3) in subparagraph (C)(iii), by inserting ‘‘or 
(ii)’’ after ‘‘(i)’’. 
SEC. 807. WAIVER OF INADMISSIBILITY FOR MINOR CRIMI-
NAL OFFENSES. 
Section 212(h) (8 U.S.C. 1182(h)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘offense of simple possession of 30 grams or 
less of marijuana’’ and inserting ‘‘controlled sub-
stance offense for which the alien was not incarcer-
ated for a period exceeding 1 year’’; and 
(2) by striking the final two sentences. 
SEC. 808. GENERAL WAIVER FOR ALIENS PREVIOUSLY RE-
MOVED AND FOR THE UNLAWFUL PRESENCE 
BARS. 
(a) IN
GENERAL.—Section 212(d) (8 U.S.C. 
1182(d)) is amended by adding at the end the following: 
‘‘(14) The Secretary of Homeland Security may, in 
the discretion of the Secretary, for humanitarian purposes, 
to assure family unity, or when it is otherwise in the public 
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interest, waive the application of subparagraph (A) or 
(B)(i) of subsection (a)(9).’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
212(a)(9)(B) of such Act (8 U.S.C. 1182(a)(9)(B)) is 
amended by striking clause (v). 
SEC. 
809. 
WAIVER 
OF 
AGGRAVATED 
FELONY 
CON-
SEQUENCES. 
Section 101 (8 U.S.C. 1101) is amended by adding 
at the end the following: 
‘‘(j) For purposes of this Act, and notwithstanding 
subsection (a)(43), the Secretary of Homeland Security 
may treat any conviction that did not result in incarcer-
ation for more than 1 year as if such conviction were not 
a conviction for an aggravated felony. This discretion may 
be exercised for humanitarian purposes, to assure family 
unity, or when it is otherwise in the public interest.’’. 
SEC. 810. DISCRETIONARY WAIVER TO ADMIT PERSONS IN 
UNUSUAL CIRCUMSTANCES. 
(a) NEW GENERAL WAIVER.—Section 212(d) (8 
U.S.C. 1182(d)) is amended by adding at the end the fol-
lowing: 
‘‘(13) The Secretary of Homeland Security 
may, in the discretion of such Secretary for humani-
tarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive the applica-
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tion of subparagraph (B) or (G) of subsection 
(a)(6), clause (i) or (ii) of subsection (a)(9)(A), or 
subsection (a)(9)(B)(i), in unusual circumstances. 
For purposes of the preceding sentence, an instance 
of battering or extreme cruelty is deemed to con-
stitute unusual circumstances in the case where it is 
inflicted on an alien (or a child of an alien) by the 
alien’s United States citizen or lawful permanent 
resident spouse, parent, child, son, or daughter.’’. 
(b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.— 
(1) CERTAIN ALIENS PREVIOUSLY REMOVED.— 
Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is 
amended by adding at the end the following: 
‘‘(iv) 
WAIVER
AUTHORIZED.—For 
provision authorizing waiver of clause (i) 
or (ii), see subsection (d)(13).’’. 
(2) ALIENS
UNLAWFULLY
PRESENT.—Section 
212(a)(9)(B)(v) (8 U.S.C. 1182(A)(9)(B)(v)) is 
amended to read as follows: 
‘‘(v) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see 
subsection (d)(13).’’. 
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SEC. 811. RESTORATION OF SUSPENSION OF DEPORTA-
TION. 
(a) 
CANCELLATION
OF
REMOVAL.—Section 
240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as 
follows: 
‘‘(3) has not been convicted of an aggravated 
felony for which the sentence imposed is five years 
or more.’’. 
(b) REPEAL OF RULE FOR TERMINATION OF CON-
TINUOUS PERIOD.— 
(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) 
(8 U.S.C. 1229b(a)) is repealed. 
(2) Section 240A(d) (8 U.S.C. 1229b) is 
amended— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (1) and (2), respectively; and 
(B) by inserting before the period at the 
end of paragraph (1) (as redesignated) the fol-
lowing: ‘‘, unless the alien’s departure from the 
United States was due to a temporary trip 
abroad required by emergency or extenuating 
circumstances outside the control of the alien’’. 
(c) CANCELLATION OF REMOVAL AND ADJUSTMENT 
FOR
CERTAIN
NONPERMANENT
RESIDENTS.—Section 
240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as 
follows: 
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‘‘(1) IN GENERAL.—The Attorney General may 
cancel removal in the case of an alien who is inad-
missible or deportable from the United States if the 
alien— 
‘‘(A) has been physically present in the 
United States for a continuous period of— 
‘‘(i) 7 years immediately preceding the 
date of application in the case of an 
alien— 
‘‘(I) who is deportable on any 
ground other than a ground specified 
in clause (ii)(I); and 
‘‘(II) whose deportation would, in 
the opinion of the Attorney General, 
result in extreme hardship to the alien 
or the alien’s spouse, child, parent, 
son, or daughter, who is a citizen of 
the United States or an alien lawfully 
admitted for permanent residence; or 
‘‘(ii) 10 years immediately preceding 
the date of application in the case of an 
alien— 
‘‘(I) who is deportable for convic-
tion of an offense under section 
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212(a)(2), 237(a)(2), or 237(a)(3); 
and 
‘‘(II) whose deportation would, in 
the opinion of the Attorney General, 
result in exceptional and extremely 
unusual hardship to the alien or the 
alien’s spouse, parent, child, son, or 
daughter, who is a citizen of the 
United States or an alien lawfully ad-
mitted for permanent residence; and 
‘‘(B) has been a person of good moral 
character during such period.’’. 
(d) ELIMINATION OF ANNUAL LIMITATION.—Section 
240A (8 U.S.C. 1229b) is amended by striking subsection 
(e). 
TITLE IX—REMOVAL GROUNDS 
BASED ON CRIMINAL OFFENSES 
SEC. 901. DEFINITION OF MORAL TURPITUDE. 
(a) EQUITABLE DEFINITION
OF ‘‘MORAL TURPI-
TUDE’’.— 
(1) CONVICTION OF CERTAIN CRIMES.—Section 
212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is 
amended by striking ‘‘of, or who admits having com-
mitted, or who admits committing acts which con-
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stitute the essential elements of—’’ and inserting 
‘‘of—’’. 
(2) EXCEPTION.—Section 212(a)(2)(A)(ii)(II) 
(8 U.S.C. 1182(a)(2)(A)(ii)(II)) is amended— 
(A) by striking ‘‘the maximum’’ and all 
that follows through ‘‘such crime,’’; and 
(B) by striking ‘‘6 months’’ and inserting 
‘‘1 year’’. 
(b) EQUITABLE DEFINITION OF ‘‘CRIMES OF MORAL 
TURPITUDE’’.—Section 237(a)(2)(A)(i)(II) (8 U.S.C. 
1227(a)(2)(A)(i)(II)) is amended to read as follows: 
‘‘(II) for which the alien has been 
incarcerated for a period exceeding 
one year,’’. 
SEC. 902. ‘‘AGGRAVATED FELONY’’ DEFINITIONS. 
(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended by striking ‘‘The term ‘aggra-
vated felony’ means’’ and inserting ‘‘Aggravated felony 
means a felony’’. 
(b) ILLICIT TRAFFICKING.—Section 101(a)(43)(B) 
(8 U.S.C. 1101(a)(43)(B)) is amended by striking 
‘‘Code);’’ and inserting ‘‘Code), except it does not include 
simple possession of a controlled substance;’’. 
(c) CRIMES OF VIOLENCE AND THEFT OFFENSES.— 
Subparagraphs (F), (G), (R), and (S) of section 
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101(a)(43) (8 U.S.C. 1101(a)(43)(F), (G), (R), and (S)) 
are each amended by striking ‘‘imprisonment’’ and all that 
follows through the semicolon and inserting ‘‘imprison-
ment of more than five years;’’. 
(d) CORRUPT ORGANIZATIONS AND GAMBLING OF-
FENSES.—Section 101(a)(43)(J) is amended by inserting 
‘‘more than five years’’ after the words ‘‘sentence of’’. 
(e) ALIEN SMUGGLING.—Section 101(a)(43)(N) (8 
U.S.C. 101(a)(43)(N)) is amended— 
(1) by inserting ‘‘committed for the purpose of 
commercial advantage,’’ after ‘‘smuggling),’’; and 
(2) by adding at the end a semicolon. 
(f) DISCRETIONARY WAIVER IN CASES OF OTHER 
MINOR FELONIES.—Section 101 (8 U.S.C. 1101) is 
amended by adding at the end the following: 
SEC. 903. DEFINITIONS OF ‘‘CONVICTION’’ AND ‘‘TERM OF 
IMPRISONMENT’’. 
Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘court’’ 
and all that follows through the period at the end 
and inserting ‘‘court. An adjudication or judgment 
of guilt that has been expunged, deferred, annulled, 
invalidated, withheld, or vacated, an order of proba-
tion without entry of judgment, or any similar dis-
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position shall not be considered a conviction for pur-
poses of this Act.’’; and 
(2) in subparagraph (B)— 
(A) by inserting ‘‘only’’ after ‘‘deemed to 
include’’; and 
(B) by striking ‘‘court of law’’ and all that 
follows through the period at the end and in-
serting ‘‘court of law. Any such reference shall 
not be deemed to include any suspension of the 
imposition or execution of that imprisonment or 
sentence in whole or in part.’’. 
‘‘(i) For purposes of this Act, and notwithstanding 
subsection (a)(43), the Attorney General may treat any 
conviction that did not result in incarceration for more 
than 1 year as if such conviction were not a conviction 
for an aggravated felony.’’. 
SEC. 904. ELIMINATING RETROACTIVE CHANGES IN RE-
MOVAL GROUNDS. 
(a) APPLICATION OF AGGRAVATED FELONY DEFINI-
TION.—The last sentence of section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended to read as follows: ‘‘The term 
shall not apply to any offense that was not covered by 
the term on the date on which the offense occurred.’’. 
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(b) GROUNDS OF DEPORTABILITY.—Section 237 (8 
U.S.C. 1227) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) Notwithstanding any other provision of this sec-
tion, an alien is not deportable by reason of committing 
any offense that was not a ground of deportability on the 
date the offense occurred.’’. 
(c) GROUNDS OF INADMISSIBILITY.—Section 212 (8 
U.S.C. 1182) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(p) Notwithstanding any other provision of this sec-
tion, an alien is not inadmissible by reason of committing 
any offense that was not a ground of inadmissibility on 
the date the offense occurred.’’. 
SEC. 905. ELIMINATING UNFAIR RETROACTIVE CHANGES IN 
REMOVAL RULES FOR PERSONS PREVIOUSLY 
REMOVED. 
(a) IN GENERAL.—The Attorney General shall estab-
lish a process by which an alien described in subsection 
(b) may apply for reopening a proceeding so as to seek 
relief from exclusion, deportation, or removal under sec-
tion 212(c) of the Immigration and Nationality Act, as 
such section was in effect prior to the enactment of the 
Antiterrorism and Effective Death Penalty Act of 1996, 
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or section 240A of the Immigration and Nationality Act, 
as amended by this Act. 
(b) ALIEN DESCRIBED.—An alien referred to in sub-
section (a) is an alien who received a final order of exclu-
sion, deportation, or removal, or a decision on a petition 
for review or petition for habeas corpus, on or after Sep-
tember 30, 1996, and who was— 
(1) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense that was not a basis for removal, 
exclusion, or deportation on the date on which the 
offense was committed; 
(2) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense that is not a basis for removal, ex-
clusion, or deportation on the date of enactment of 
this Act; or 
(3) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense prior to April 24, 1996, for which 
there was relief from exclusion, deportation, or re-
moval available prior to such date. 
(c) PAROLE.—The Attorney General may in her dis-
cretion exercise the parole authority under section 
212(d)(5)(A) of the Immigration and Nationality Act (8 
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100 
U.S.C. 1182(d)(5)(A)) for the purpose of permitting 
aliens excluded, deported, or removed from the United 
States to participate in the process established under sub-
section (a), if the alien establishes prima facie eligibility 
for the relief. 
TITLE X—DIVERSITY VISAS 
SEC. 1001. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 
IMMIGRANTS. 
Section 201(e) (8 U.S.C. 1151(e)) is amended by 
striking ‘‘55,000’’ and inserting ‘‘110,000’’. 
TITLE XI—HAITIAN PARITY 
SEC. 1101. ADJUSTMENT OF STATUS FOR HAITIANS. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.), as amended by section 202, is further 
amended by inserting after section 245C the following: 
‘‘ADJUSTMENT OF STATUS OF CERTAIN HAITIAN 
NATIONALS 
‘‘SEC. 245D. Notwithstanding the provisions of sec-
tion 245(c), the status of any alien who is a national or 
citizen of Haiti, and who has been physically present in 
the United States for at least one year, may be adjusted 
by the Secretary of Homeland Security, in the Secretary’s 
discretion and under such regulations as the Secretary 
may prescribe, to that of an alien lawfully admitted for 
permanent residence, if the alien makes an application for 
such adjustment and the alien is eligible to receive an im-
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101 
migrant visa and is admissible to the United States for 
permanent residence. Upon approval of such an applica-
tion for adjustment of status, the Secretary shall create 
a record of the alien’s admission for permanent residence 
as of a date 30 months prior to the filing of such an appli-
cation or the date of the alien’s last arrival into the United 
States, whichever date is later. The provisions of this Act 
shall be applicable to the spouse and child of any alien 
described in this section, regardless of their citizenship 
and place of birth, if the spouse or child is residing with 
such alien in the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
as amended by section 202, is further amended by insert-
ing after the item relating to section 245C the following: 
‘‘Sec. 245D. Adjustment of status of certain Haitian nationals.’’. 
(c) SUNSET.—The amendments made by this section 
shall cease to be effective on the date that is 3 years after 
the date of the enactment of this Act. 
SEC. 1102. LIMITATION OF ATTORNEY GENERAL’S BOND 
DISCRETION. 
Section 236 (8 U.S.C. 1226) is amended by adding 
at the end the following: 
‘‘(f) EXERCISE OF AUTHORITY FOR ARREST, DETEN-
TION, AND RELEASE.—The Secretary of Homeland Secu-
rity shall exercise the discretion afforded under subsection 
(a) on a case-by-case basis. If bond is to be denied on 
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102 
the ground that the alien’s release would give rise to ad-
verse consequences for national security or national immi-
gration policy, the finding of such adverse consequences 
shall be based on circumstances pertaining to the indi-
vidual alien whose release is being considered.’’. 
SEC. 1103. ELIMINATION OF MANDATORY DETENTION IN 
EXPEDITED REMOVAL PROCEEDINGS. 
Section 
235(b)(1)(B)(iii)(IV) 
(8 
U.S.C. 
1225(b)(1)(B)(iii)(IV)) is amended to read as follows: 
‘‘(IV) DETENTION.—Aliens sub-
ject to the procedures under this 
clause shall be detained in accordance 
with section 236.’’. 
SEC. 1104. AMENDMENTS TO HAITIAN AND IMMIGRANT 
FAIRNESS ACT OF 1998. 
(a) GROUND FOR INADMISSIBILITY FOR DOCUMENT 
FRAUD DOES NOT APPLY.—The Haitian Refugee Immi-
gration Fairness Act of 1998 (8 U.S.C. 1255 note) is 
amended in subsections (a)(1)(B) and (d)(1)(D) of section 
902 by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 
(b) DETERMINATIONS WITH RESPECT
TO CHIL-
DREN.—Section 902(d) of such Act is amended by adding 
at the end the following: 
‘‘(3) DETERMINATIONS
WITH
RESPECT
TO 
CHILDREN.— 
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103 
‘‘(A) 
USE
OF
APPLICATION
FILING 
DATE.—Determinations made under this sub-
section as to whether an individual is a child of 
a parent shall be made using the age and status 
of the individual on the date of the enactment 
of this section. 
‘‘(B) APPLICATION
SUBMISSION
BY
PAR-
ENT.—Notwithstanding paragraph (1)(C), an 
application under this subsection filed based on 
status as a child may be filed for the benefit of 
such child by a parent or guardian of the child, 
if the child is physically present in the United 
States on such filing date.’’. 
SEC. 1105. NEW APPLICATIONS AND MOTIONS TO REOPEN. 
(a) NEW APPLICATIONS.—Notwithstanding section 
902(a)(1)(A) of the Haitian and Immigrant Fairness Act 
of 1998, an alien who is eligible for adjustment of status 
under such Act, as amended by section 804 of this Act, 
may submit an application for adjustment of status under 
such Act not later than the later of— 
(1) 2 years after the date of the enactment of 
this Act; and 
(2) 1 year after the date on which final regula-
tions implementing section 804 are promulgated. 
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