(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 annual rate of basic 
pay for positions at GS–13 of such schedule. 
SEC. 646. FAIR LABOR STANDARDS ACT OVERTIME. 
Notwithstanding any other provision of 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 1,000 additional investigators for investigating 
fraudulent 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: 
‘‘(f) 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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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 (8 U.S.C. 1184) is amended 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 
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 
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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-
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-
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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-
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.— 
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‘‘(A) PRESUMPTION IN FAVOR OF WITH-
DRAWAL.—The Secretary of Homeland Security 
shall permit an alien applying for admission to 
withdraw the application and depart imme-
diately from the United States at any time, un-
less an immigration judge has rendered a deci-
sion with respect to the admissibility of the 
alien, except that the Secretary of Homeland 
Security may deny permission for the with-
drawal 
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 Secretary of Homeland Security and at any 
time after a decision described in such subpara-
graph has been rendered, be permitted to with-
draw the 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 
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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 
(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); 
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(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’’. 
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-
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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)— 
(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 
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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 
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 
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