134 
eral Bureau of Investigation on behalf of United 
States Citizenship and Immigration Services. 
(2) CONTENT.—The report required under 
paragraph (1) shall include— 
(A) a description of the background and 
security check program; 
(B) a statistical breakdown of the back-
ground and security check delays associated 
with different types of immigration applications; 
(C) a statistical breakdown of the back-
ground and security check delays by applicant 
country of origin; and 
(D) the steps that the Director of the Fed-
eral Bureau of Investigations is taking to expe-
dite background and security checks that have 
been pending for more than 180 days. 
(d) ENSURING ACCOUNTABILITY
IN BACKGROUND 
CHECK DETERMINATIONS.— 
(1) IN
GENERAL.—Chapter 4 of title III (8 
U.S.C. 1501 et seq.) is amended by adding at the 
end the following: 
‘‘SEC. 362. CONSTRUCTION. 
‘‘(a) IN GENERAL.—Nothing in this Act (other than 
section 241(b)(3)) or in any other provision of law (other 
than the Convention against Torture and Other Cruel, In-
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135 
human or Degrading Treatment or Punishment, done at 
New York, December 10, 1994, subject to any reserva-
tions, understandings, declarations, and provisos con-
tained in the resolution of ratification of the Convention, 
as implemented by section 2242 of the Foreign Affairs Re-
form and Restructuring Act of 1998 (Public Law 105– 
277; 8 U.S.C. 1231 note)) may be construed to require 
the Secretary of Homeland Security or the Attorney Gen-
eral to grant any application for asylum, adjustment of 
status, or naturalization, or grant any relief from removal 
under the immigration laws to— 
‘‘(1) any alien with respect to whom a national 
security, criminal, or other investigation or case is 
open or pending (including the issuance of an arrest 
warrant, detainer, or indictment) that is material to 
the alien’s eligibility for the status or benefit sought; 
or 
‘‘(2) any alien for whom all law enforcement 
and other background checks have not been con-
ducted and resolved or the information related to 
such background checks have not provided to or as-
sessed by the reviewing official. 
‘‘(b) TIMEFRAMES.—Notwithstanding subsection (a), 
the Secretary of Homeland Security may not delay adju-
dication or document issuance beyond 180 days due to an 
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136 
outstanding background or security check unless the Sec-
retary certifies that such background and security check 
may establish that the alien poses a risk to national secu-
rity or public safety. The decision to delay shall be re-
viewed every 180 days, and such decision may not be dele-
gated below the level of Assistant Secretary. An alien has 
no right to review or appeal the Secretary’s decision to 
delay adjudication or issuance of documentation under 
this section, but remains entitled to interim work author-
ization.’’. 
(2) RULEMAKING.—The Secretary of Homeland 
Security shall promulgate regulations that describe 
the conditions under which interim work authoriza-
tion under paragraph (1) shall be issued. 
(3) ANNUAL REPORT TO CONGRESS.—The Sec-
retary of Homeland Security, the Attorney General, 
the Secretary of State, and the Secretary of Labor 
shall submit an annual report to Congress that in-
cludes— 
(A) the number of cases in which para-
graph (1) or (2) of subsection (a) is invoked 
during the reporting period; 
(B) the total number of pending cases in 
each category at the end of the reporting pe-
riod; 
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137 
(C) the resolution of cases finally decided 
during the reporting period; and 
(D) statistics on interim employment au-
thorizations issued under this section. 
(e) CLERICAL AMENDMENT.—The table of contents 
is amended by inserting after the item relating to section 
361 the following: 
‘‘Sec. 362. Construction.’’. 
(f) ENHANCED
TRANSPARENCY
OF
CLEARANCE 
PROCESS.— 
(1) ESTABLISHMENT.—The Secretary and the 
Attorney General shall each establish an Office of 
the Public Advocate for Immigration Clearances 
within the Department and the Department of Jus-
tice, respectively. Each Office shall be headed by a 
Public Advocate. 
(2) DUTIES.—Each Public Advocate shall— 
(A) serve as a public liaison for their re-
spective Department for identifying and resolv-
ing delays in immigration processing caused by 
background check investigations; and 
(B) serve on the Interagency Task Force 
established under subsection (e) of section 105 
of the Immigration and Nationality Act (8 
U.S.C. 1105), as added by subsection (a). 
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138 
SEC. 209. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
241(i)(5)(C) (8 U.S.C. 1231(i)(5)(C)) is amended by 
striking ‘‘2011’’ and inserting ‘‘2012’’. 
(b) 
REIMBURSEMENT
OF
STATES
FOR 
PRECONVICTION COSTS RELATING TO THE INCARCER-
ATION
OF ILLEGAL ALIENS.—Section 241(i)(3)(A) (8 
U.S.C. 1231(i)(3)(A)) is amended by inserting ‘‘charged 
with or’’ before ‘‘convicted’’. 
(c) REIMBURSEMENT
OF STATES
FOR INDIRECT 
COSTS RELATING TO THE INCARCERATION OF ILLEGAL 
ALIENS.—Section 501 of the Immigration Reform and 
Control Act of 1986 (8 U.S.C. 1365) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) REIMBURSEMENT OF STATES.—Subject to the 
amounts provided in advance in appropriation Acts, the 
Secretary of Homeland Security shall reimburse a State 
for— 
‘‘(1) the costs incurred by the State for the im-
prisonment of any illegal alien or Cuban national 
who is convicted of a felony by such State; and 
‘‘(2) the indirect costs related to the imprison-
ment described in paragraph (1).’’; and 
(2) by amending subsections (c) through (e) to 
read as follows: 
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139 
‘‘(c) MANNER
OF
ALLOTMENT
OF
REIMBURSE-
MENTS.—Reimbursements under this section shall be al-
lotted in a manner that gives special consideration for any 
State that— 
‘‘(1) shares a border with Mexico or Canada; or 
‘‘(2) includes within the State an area in which 
a large number of undocumented aliens reside rel-
ative to the general population of that area. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) INDIRECT
COSTS.—The term ‘indirect 
costs’ includes— 
‘‘(A) court costs, county attorney costs, de-
tention costs, and criminal proceedings expendi-
tures that do not involve going to trial; 
‘‘(B) indigent defense costs; and 
‘‘(C) unsupervised probation costs. 
‘‘(2) STATE.—The term ‘State’ has the mean-
ing given such term in section 101(a)(36) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(36)). 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated $200,000,000 for each 
of the fiscal years 2008 through 2012 to carry out sub-
section (a)(2).’’. 
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140 
SEC. 210. TRANSPORTATION AND PROCESSING OF ILLEGAL 
ALIENS APPREHENDED BY STATE AND LOCAL 
LAW ENFORCEMENT OFFICERS. 
(a) IN GENERAL.—The Secretary shall provide suffi-
cient transportation and officers to take illegal aliens ap-
prehended by State and local law enforcement officers into 
custody for processing at a detention facility operated by 
the Department. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for each of fiscal years 2008 through 2012 to 
carry out this section. 
SEC. 211. REDUCING ILLEGAL IMMIGRATION AND ALIEN 
SMUGGLING ON TRIBAL LANDS. 
(a) GRANTS
AUTHORIZED.—The Secretary may 
award grants to Indian tribes with lands adjacent to an 
international border of the United States that have been 
adversely affected by illegal immigration. 
(b) USE OF FUNDS.—Grants awarded under sub-
section (a) may be used for— 
(1) law enforcement activities; 
(2) health care services; 
(3) environmental restoration; and 
(4) the preservation of cultural resources. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
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141 
a report to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Rep-
resentatives that— 
(1) describes the level of access of Border Pa-
trol agents on tribal lands; 
(2) describes the extent to which enforcement of 
immigration laws may be improved by enhanced ac-
cess to tribal lands; 
(3) contains a strategy for improving such ac-
cess through cooperation with tribal authorities; and 
(4) identifies grants provided by the Depart-
ment for Indian tribes, either directly or through 
State or local grants, relating to border security ex-
penses. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 2008 through 2012 
to carry out this section. 
SEC. 212. MANDATORY ADDRESS REPORTING REQUIRE-
MENTS. 
(a) CLARIFYING ADDRESS REPORTING REQUIRE-
MENTS.—Section 265 (8 U.S.C. 1305) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘notify the Attorney Gen-
eral in writing’’ and inserting ‘‘submit written 
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142 
or electronic notification to the Secretary of 
Homeland Security, in a manner approved by 
the Secretary,’’; 
(B) by striking ‘‘the Attorney General may 
require’’ and inserting ‘‘the Secretary may re-
quire’’; and 
(C) by adding at the end the following: ‘‘If 
the alien is involved in proceedings before an 
immigration judge or in an administrative ap-
peal of such proceedings, the alien shall submit 
to the Attorney General the alien’s current ad-
dress and a telephone number, if any, at which 
the alien may be contacted.’’; 
(2) in subsection (b), by striking ‘‘Attorney 
General’’ each place such term appears and inserting 
‘‘Secretary of Homeland Security’’; 
(3) in subsection (c), by striking ‘‘given to such 
parent’’ and inserting ‘‘given by such parent’’; and 
(4) by adding at the end the following: 
‘‘(d) ADDRESS TO BE PROVIDED.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided by the Secretary under paragraph (2), an ad-
dress provided by an alien under this section shall 
be the alien’s current residential mailing address, 
and shall not be a post office box or other nonresi-
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ccoleman on PROD1PC60 with BILLS
143 
dential mailing address or the address of an attor-
ney, representative, labor organization, or employer. 
‘‘(2) SPECIFIC REQUIREMENTS.—The Secretary 
may provide specific requirements with respect to— 
‘‘(A) designated classes of aliens and spe-
cial circumstances, including aliens who are em-
ployed at a remote location; and 
‘‘(B) the reporting of address information 
by aliens who are incarcerated in a Federal, 
State, or local correctional facility. 
‘‘(3) DETENTION.—An alien who is being de-
tained by the Secretary under this Act is not re-
quired to report the alien’s current address under 
this section during the time the alien remains in de-
tention, but shall be required to notify the Secretary 
of the alien’s address under this section at the time 
of the alien’s release from detention. 
‘‘(e) USE OF MOST RECENT ADDRESS PROVIDED BY 
THE ALIEN.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may provide for the 
appropriate coordination and cross referencing of 
address information provided by an alien under this 
section with other information relating to the alien’s 
address under other Federal programs, including— 
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144 
‘‘(A) any information pertaining to the 
alien, which is submitted in any application, pe-
tition, or motion filed under this Act with the 
Secretary of Homeland Security, the Secretary 
of State, or the Secretary of Labor; 
‘‘(B) any information available to the At-
torney General with respect to an alien in a 
proceeding before an immigration judge or an 
administrative appeal or judicial review of such 
proceeding; 
‘‘(C) any information collected with respect 
to nonimmigrant foreign students or exchange 
program participants under section 641 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1372); and 
‘‘(D) any information collected from State 
or local correctional agencies pursuant to the 
State Criminal Alien Assistance Program. 
‘‘(2) RELIANCE.—The Secretary may rely on 
the most recent address provided by the alien under 
this section or section 264 to send to the alien any 
notice, form, document, or other matter pertaining 
to Federal immigration laws, including service of a 
notice to appear. The Attorney General and the Sec-
retary may rely on the most recent address provided 
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ccoleman on PROD1PC60 with BILLS
145 
by the alien under section 239(a)(1)(F) to contact 
the alien about pending removal proceedings. 
‘‘(3) OBLIGATION.—The alien’s provision of an 
address for any other purpose under the Federal im-
migration laws does not excuse the alien’s obligation 
to submit timely notice of the alien’s address to the 
Secretary under this section (or to the Attorney 
General under section 239(a)(1)(F) with respect to 
an alien in a proceeding before an immigration judge 
or an administrative appeal of such proceeding). 
‘‘(f) REQUIREMENT FOR DATABASE.—The Secretary 
of Homeland Security shall establish an electronic data-
base to timely record and preserve addresses provided 
under this section.’’. 
(b) CONFORMING CHANGES WITH RESPECT TO REG-
ISTRATION REQUIREMENTS.—Chapter 7 of title II (8 
U.S.C. 1301 et seq.) is amended— 
(1) in section 262(c), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in section 263(a), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(3) in section 264— 
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146 
(A) in subsections (a), (b), (c), and (d), by 
striking ‘‘Attorney General’’ each place it ap-
pears and inserting ‘‘Secretary of Homeland 
Security’’; and 
(B) in subsection (f)— 
(i) by striking ‘‘Attorney General is 
authorized’’ and inserting ‘‘Secretary of 
Homeland Security and Attorney General 
are authorized’’; and 
(ii) by striking ‘‘Attorney General or 
the Service’’ and inserting ‘‘Secretary or 
the Attorney General’’. 
(c) EFFECT ON ELIGIBILITY FOR IMMIGRATION BEN-
EFITS.—If an alien fails to comply with section 262, 263, 
or 265 of the Immigration and Nationality Act (8 U.S.C. 
1302, 1303, and 1305) or section 264.1 of title 8, Code 
of Federal Regulations, or removal orders or voluntary de-
parture agreements based on any such section for acts 
committed prior to the enactment of this Act such failure 
shall not affect the eligibility of the alien to apply for a 
benefit under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.). 
(d) TECHNICAL
AMENDMENTS.—Section 266 (8 
U.S.C. 1306 ) is amended by striking ‘‘Attorney General’’ 
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ccoleman on PROD1PC60 with BILLS
147 
each place it appears and inserting ‘‘Secretary of Home-
land Security’’. 
(e) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall take effect on the date of the enactment of this 
Act. 
(2) EXCEPTIONS.—The amendments made by 
paragraphs (1)(A), (1)(B), (2), and (3) of subsection 
(a) shall take effect as if enacted on March 1, 2003. 
SEC. 213. STATE AND LOCAL ENFORCEMENT OF FEDERAL 
IMMIGRATION LAWS. 
(a) IN
GENERAL.—Section 287(g) (8 U.S.C. 
1357(g)) is amended— 
(1) in paragraph (2), by adding at the end ‘‘If 
such training is provided by a State or political sub-
division of a State to an officer or employee of such 
State or political subdivision of a State, the cost of 
such training (including applicable overtime costs) 
shall be reimbursed by the Secretary of Homeland 
Security.’’; and 
(2) in paragraph (4), by adding at the end 
‘‘The cost of any equipment required to be pur-
chased under such written agreement and necessary 
to perform the functions under this subsection shall 
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