260 
date that is 90 days after the date of the enactment of 
this Act. 
SEC. 807. CLARIFICATION OF JURISDICTION ON REVIEW. 
(a) 
REVIEW
OF
DISCRETIONARY
DETERMINA-
TIONS.—Section 242(a)(2)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended— 
(1) by inserting before ‘‘no court’’ the following: 
‘‘and regardless of whether the individual determina-
tion, decision, or action is made in removal pro-
ceedings,’’; 
(2) in clause (i), by striking ‘‘any judgment’’ 
and inserting ‘‘any individual determination’’; and 
(3) in clause (ii)— 
(A) by inserting ‘‘discretionary’’ after ‘‘any 
other’’; 
(B) by striking ‘‘the authority for which is 
specified under this title to be in the discretion 
of the Attorney General or the Secretary of 
Homeland Security,’’ and inserting ‘‘under this 
title or the regulations promulgated here-
under,’’; and 
(C) by striking the period at the end and 
inserting the following: ‘‘, irrespective of wheth-
er such decision or action is guided or informed 
by standards, regulatory or otherwise.’’. 
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(b) REVIEW
OF
ORDERS
AGAINST
CRIMINAL 
ALIENS.—Section 242(a)(2)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1252(a)(2)(C)) is amended by 
inserting after ‘‘of removal’’ the following: ‘‘(irrespective 
of whether relief or protection was denied on the basis of 
the alien’s having committed a criminal offense)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to petitions for review that are 
pending on or after the date of the enactment of this Act. 
SEC. 808. FEES AND EXPENSES IN JUDICIAL PROCEEDINGS. 
(a) IN GENERAL.—Section 242 of the Immigration 
and Nationality Act (8 U.S.C. 1252) is amended by add-
ing at the end the following new subsection: 
‘‘(i) Notwithstanding any other provision of law, a 
court shall not award fees or other expenses to an alien 
based upon the alien’s status as a prevailing party in any 
proceedings relating to an order of removal issued under 
this Act, unless the court of appeals concludes that the 
Attorney General’s determination that the alien was re-
movable under section 212 or 237 was not substantially 
justified.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to fees or other expenses award-
ed on or after the date of the enactment of this Act. 
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TITLE IX—PRESCREENING OF 
AIR PASSENGERS 
SEC. 
901. 
IMMEDIATE 
INTERNATIONAL 
PASSENGER 
PRESCREENING PILOT PROGRAM. 
(a) PILOT PROGRAM.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of Home-
land Security shall initiate a pilot program to evaluate the 
use of automated systems for the immediate prescreening 
of passengers on flights in foreign air transportation, as 
defined by section 40102 of title 49, United States Code, 
that are bound for the United States. 
(b) REQUIREMENTS.—At a minimum, with respect to 
a passenger on a flight described in subsection (a) oper-
ated by an air carrier or foreign air carrier, the automated 
systems evaluated under the pilot program shall— 
(1) 
compare 
the 
passenger’s 
information 
against the integrated and consolidated terrorist 
watchlist maintained by the Federal Government 
and provide the results of the comparison to the air 
carrier or foreign air carrier before the passenger is 
permitted to board the flight; 
(2) provide functions similar to the advanced 
passenger information system established under sec-
tion 431 of the Tariff Act of 1930 (19 U.S.C. 
1431); and 
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(3) make use of machine-readable data ele-
ments on passports and other travel and entry docu-
ments in a manner consistent with international 
standards. 
(c) OPERATION.—The pilot program shall be con-
ducted— 
(1) in not fewer than 2 foreign airports; and 
(2) in collaboration with not fewer than one air 
carrier at each airport participating in the pilot pro-
gram. 
(d) EVALUATION OF AUTOMATED SYSTEMS.—In con-
ducting the pilot program, the Secretary shall evaluate not 
more than 3 automated systems. One or more of such sys-
tems shall be commercially available and currently in use 
to prescreen passengers. 
(e) PRIVACY PROTECTION.—The Secretary shall en-
sure that the passenger data is collected under the pilot 
program in a manner consistent with the standards estab-
lished under section 552a of title 5, United States Code. 
(f) DURATION.—The Secretary shall conduct the 
pilot program for not fewer than 90 days. 
(g) PASSENGER DEFINED.—In this section, the term 
‘‘passenger’’ includes members of the flight crew. 
(h) REPORT.—Not later than 30 days after the date 
of completion of the pilot program, the Secretary shall 
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submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
containing the following: 
(1) An assessment of the technical performance 
of each of the tested systems, including the system’s 
accuracy, scalability, and effectiveness with respect 
to measurable factors, including, at a minimum, pas-
senger throughput, the rate of flight diversions, and 
the rate of false negatives and positives. 
(2) A description of the provisions of each test-
ed system to protect the civil liberties and privacy 
rights of passengers, as well as a description of the 
adequacy of an immediate redress or appeals process 
for passengers denied authorization to travel. 
(3) Cost projections for implementation of each 
tested system, including— 
(A) projected costs to the Department of 
Homeland Security; and 
(B) projected costs of compliance to air 
carriers operating flights described in sub-
section (a). 
(4) A determination as to which tested system 
is the best-performing and most efficient system to 
ensure immediate prescreening of international pas-
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265 
sengers. Such determination shall be made after con-
sultation with individuals in the private sector hav-
ing expertise in airline industry, travel, tourism, pri-
vacy, national security, and computer security 
issues. 
(5) A plan to fully deploy the best-performing 
and most efficient system tested by not later than 
January 1, 2009. 
TITLE X—SECURITY AND 
FAIRNESS ENHANCEMENT 
SEC. 1001. SHORT TITLE. 
This title may be cited as— 
(1) the ‘‘Security and Fairness Enhancement 
for America Act of 2007’’; or 
(2) the ‘‘SAFE for America Act’’. 
SEC. 1002. ELIMINATION OF DIVERSITY IMMIGRANT PRO-
GRAM. 
(a) WORLDWIDE
LEVEL
OF
DIVERSITY
IMMI-
GRANTS.—Section 201 of the Immigration and Nation-
ality Act (8 U.S.C. 1151) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (1); 
(B) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and 
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(C) by striking paragraph (3); and 
(2) by striking subsection (e). 
(b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.— 
Section 203 of such Act (8 U.S.C. 1153) is amended— 
(1) by striking subsection (c); 
(2) in subsection (d), by striking ‘‘(a), (b), or 
(c),’’ and inserting ‘‘(a) or (b),’’; 
(3) in subsection (e), by striking paragraph (2) 
and redesignating paragraph (3) as paragraph (2); 
(4) in subsection (f), by striking ‘‘(a), (b), or 
(c)’’ and inserting ‘‘(a) or (b)’’; and 
(5) in subsection (g), by striking ‘‘(a), (b), and 
(c)’’ and inserting ‘‘(a) and (b)’’. 
(c) PROCEDURE FOR GRANTING IMMIGRANT STA-
TUS.—Section 204 of such Act (8 U.S.C. 1154) is amend-
ed— 
(1) by striking subsection (a)(1)(I); and 
(2) in subsection (e), by striking ‘‘(a), (b), or 
(c)’’ and inserting ‘‘(a) or (b)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2008. 
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267 
TITLE XI—OATH OF RENUNCI-
ATION AND ALLEGIANCE 
SEC. 1101. OATH OF RENUNCIATION AND ALLEGIANCE. 
(a) IN GENERAL.—Section 337(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1448(a)) is amended 
by inserting after the fourth sentence the following: ‘‘The 
oath referred to in this section shall be the oath provided 
for in paragraph (a) or (b) of section 337.1 of title 8, Code 
of Federal Regulations, as in effect on April 1, 2005.’’. 
(b) NOTICE
TO FOREIGN EMBASSIES.—Upon the 
naturalization of a new citizen, the Secretary of Homeland 
Security, in cooperation with the Secretary of State, shall 
notify the embassy of the country of which the new citizen 
was a citizen or subject that such citizen has— 
(1) renounced allegiance to that foreign coun-
try; and 
(2) sworn allegiance to the United States. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date that is 6 
months after the date of the enactment of this Act. 
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TITLE 
XII—ELIMINATION 
OF 
CORRUPTION AND PREVEN-
TION OF ACQUISITION OF IM-
MIGRATION 
BENEFITS 
THROUGH FRAUD 
SEC. 1201. SHORT TITLE. 
This title may be cited as the ‘‘Taking Action to Keep 
Employees Accountable in Immigration Matters Act of 
2007’’ or the ‘‘TAKE AIM Act of 2007’’. 
SEC. 1202. FINDINGS. 
Congress finds the following: 
(1) The mission of United States Citizenship 
and Immigration Services (USCIS) is to faithfully 
execute the immigration laws enacted by Congress 
and to ensure that only those aliens who are eligible 
under such laws and who do not pose a risk to the 
United States or its citizens or lawful residents are 
able to obtain permission to remain in the United 
States. 
(2) Only United States citizens have an abso-
lute right to be in the United States; for all others, 
permission to enter and reside here, either as non-
immigrants or immigrants, is a privilege that is con-
ditioned on following the rules of one’s admission 
and stay. 
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(3) It is important that United States Citizen-
ship and Immigration Services, like all other Federal 
agencies that come into close contact with the public 
their customers. 
(4) Immigration benefits fraud has become en-
demic. It undermines the rule of law and threatens 
national security, and so must be addressed aggres-
sively and consistently. 
(5) Internal corruption also threatens national 
security and erodes the integrity of the immigration 
system. In order to restore integrity and credibility 
to the system, the backlog of complaints against 
United States Citizenship and Immigration Services 
employees must be cleared by experienced investiga-
tors as expeditiously as possible without compro-
mising the quality of investigations. 
(6) In separating customs and border protec-
tion and immigration and customs enforcement from 
United States Citizenship and Immigration Services, 
Congress did not intend to wholly eliminate all law 
enforcement functions within the latter, nor is it 
possible for United States citizenship and immigra-
tion services to achieve its mission without a law en-
forcement function. the attempt to do so has pro-
duced the current abysmal results. Thus, it is imper-
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