683 
(5) was physically present in the United States 
on the date the application for such adjustment is 
filed; and 
(6) pays a fee, in an amount determined by the 
Secretary, for the processing of such application. 
(b) WAIVER OF CERTAIN GROUNDS FOR INADMIS-
SIBILITY.— 
(1) 
INAPPLICABLE
PROVISION.—Section 
212(a)(7) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(7)) shall not apply to any adjust-
ment of status under this section. 
(2) WAIVER.—The Secretary may waive any 
other provision of section 212(a) of such Act (except 
for paragraphs (2) and (3)) if extraordinary and 
compelling circumstances warrant such an adjust-
ment for humanitarian purposes, to ensure family 
unity, or if it is otherwise in the public interest. 
SEC. 733. ELIGIBILITY OF AGRICULTURAL AND FORESTRY 
WORKERS FOR CERTAIN LEGAL ASSISTANCE. 
Section 305 of the Immigration Reform and Control 
Act of 1986 (8 U.S.C. 1101 note; Public Law 99–603) 
is amended— 
(1) by striking ‘‘section 101(a)(15)(H)(ii)(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(a))’’ and inserting ‘‘item (a) or 
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(b) of section 101(a)(15)(H)(ii) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii))’’; 
and 
(2) by inserting ‘‘or forestry’’ after ‘‘agricul-
tural’’. 
SEC. 734. STATE COURT INTERPRETER GRANTS. 
(a) GRANTS AUTHORIZED.— 
(1) IN
GENERAL.—The Administrator of the 
Office of Justice Programs of the Department of 
Justice (referred to in this section as the ‘‘Adminis-
trator’’) shall make grants, in accordance with such 
regulations as the Attorney General may prescribe, 
to State courts to develop and implement programs 
to assist individuals with limited English proficiency 
to access and understand State court proceedings in 
which they are a party. 
(2) TECHNICAL
ASSISTANCE.—The Adminis-
trator shall allocate, for each fiscal year, $500,000 
of the amount appropriated pursuant to the author-
ization of appropriation in subsection (f) to be used 
to establish a court interpreter technical assistance 
program to assist State courts receiving grants 
under this section. 
(b) USE OF GRANTS.—Grants awarded pursuant to 
subsection (a) may be used by State courts to— 
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(1) assess regional language demands; 
(2) develop a court interpreter program for the 
State courts; 
(3) develop, institute, and administer language 
certification examinations; 
(4) recruit, train, and certify qualified court in-
terpreters; 
(5) pay for salaries, transportation, and tech-
nology necessary to implement the court interpreter 
program developed under paragraph (2); and 
(6) engage in other related activities, as pre-
scribed by the Attorney General. 
(c) APPLICATION.— 
(1) IN GENERAL.—The highest State court of 
each State desiring a grant under this section shall 
submit an application to the Administrator at such 
time, in such manner, and accompanied by such in-
formation as the Administrator may reasonably re-
quire. 
(2) STATE COURTS.—The highest State court 
of each State submitting an application under para-
graph (1) shall include in the application— 
(A) an identification of each State court in 
that State which would receive funds from the 
grant; 
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(B) the amount of funds each State court 
identified under subparagraph (A) would re-
ceive from the grant; and 
(C) the procedures the highest State court 
would use to directly distribute grant funds to 
State courts identified under subparagraph (A). 
(d) STATE COURT ALLOTMENTS.— 
(1) BASE ALLOTMENT.—From amounts appro-
priated for each fiscal year pursuant to the author-
ization of appropriations in subsection (f), the Ad-
ministrator shall allocate $100,000 to each of the 
highest State court of each State, which has an ap-
plication approved under subsection (c). 
(2) 
DISCRETIONARY
ALLOTMENT.—From 
amounts appropriated for each fiscal year pursuant 
to the authorization of appropriations in subsection 
(f), the Administrator shall allocate a total of 
$5,000,000 to the highest State court of States that 
have extraordinary needs that must be addressed in 
order to develop, implement, or expand a State court 
interpreter program. 
(3) ADDITIONAL ALLOTMENT.—In addition to 
the allocations made under paragraphs (1) and (2), 
the Administrator shall allocate to each of the high-
est State court of each State, which has an applica-
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687 
tion approved under subsection (c), an amount equal 
to the product reached by multiplying— 
(A) the unallocated balance of the amount 
appropriated for each fiscal year pursuant to 
the authorization of appropriations in sub-
section (f); and 
(B) the ratio between the number of people 
over 5 years of age who speak a language other 
than English at home in the State and the 
number of people over 5 years of age who speak 
a language other than English at home in all 
the States that receive an allocation under 
paragraph (1), as those numbers are deter-
mined by the Bureau of the Census. 
(e) TREATMENT OF THE DISTRICT OF COLUMBIA.— 
For purposes of this section— 
(1) the District of Columbia shall be treated as 
a State; and 
(2) the District of Columbia Court of Appeals 
shall be the highest State court of the District of 
Columbia. 
(f) 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. 
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688 
SEC. 735. ADEQUATE NOTICE FOR ALTERNATE COUNTRY 
OF REMOVAL. 
Section 241(b)(2) (8 U.S.C. 1231(b)(2)) is amended 
by adding at the end the following new subparagraph: 
‘‘(G) NOTICE OF COUNTRY OF REMOVAL.— 
If the Secretary of Homeland Security deter-
mines that an alien will be removed to a coun-
try that was not designated by the alien under 
subparagraph (A)(i) of section 241 as amended 
at the time of the removal hearing, the Sec-
retary shall provide notice of such determina-
tion to the alien and provide the alien an oppor-
tunity for a hearing before an immigration 
judge to request protection from removal to 
that country on the basis that the alien would 
face persecution or torture in that country.’’. 
SEC. 736. STANDARDS FOR BIOMETRIC DOCUMENTS. 
Any visa issued by the Secretary of State and any 
immigration-related document issued by the Secretary of 
State or the Secretary shall— 
(1) comply with authentication and biometric 
standards recognized by domestic and international 
standards organizations; 
(2) be machine-readable and tamper-resistant; 
(3) use biometric identifiers that are consistent 
with the requirements of section 303 of the En-
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hanced Border Security and Visa Entry Reform Act 
of 2002 (8 U.S.C. 1732), and represent the benefits 
and status set forth in such section; 
(4) comply with the biometric and document 
identifying standards established by the Inter-
national Civil Aviation Organization; and 
(5) meet other requirements determined to be 
necessary by the Secretary of State and the Sec-
retary. 
SEC. 737. STATE IMPACT ASSISTANCE ACCOUNT. 
Section 286 (8 U.S.C. 1356), as amended by this Act, 
is further amended by adding at the end the following new 
subsection: 
‘‘(x) STATE IMPACT ASSISTANCE ACCOUNT.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the general fund of the Treasury an account, which 
shall be known as the ‘State Impact Assistance Ac-
count’. 
‘‘(2) SOURCE OF FUNDS.—Notwithstanding any 
other provision under this Act, there shall be depos-
ited as offsetting receipts into the State Impact As-
sistance Account all State impact assistance fees col-
lected under sections 407 and 602 of this Act. 
‘‘(3) USE OF FUNDS.—Amounts deposited into 
the State Impact Assistance Account may only be 
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used to carry out the State Impact Assistance Grant 
Program established under paragraph (4). 
‘‘(4) STATE IMPACT ASSISTANCE GRANT PRO-
GRAM.— 
‘‘(A) ESTABLISHMENT.—The Secretary of 
Health and Human Services, in consultation 
with the Secretary of Education, shall establish 
the State Impact Assistance Grant Program 
(referred to in this section as the ‘Program’), 
under which the Secretary of Health and 
Human may award grants to States to provide 
health and education services to noncitizens in 
accordance with this paragraph. 
‘‘(B) STATE
ALLOCATIONS.—The Sec-
retary of Health and Human Services shall an-
nually allocate the amounts available in the 
State Impact Assistance Account among the 
States as follows: 
‘‘(i) 
NONCITIZEN
POPULATIONS.— 
Eighty percent of such amounts shall be 
allocated so that each State receives the 
greater of— 
‘‘(I) $5,000,000; or 
‘‘(II) after adjusting for alloca-
tions under subclause (I), the percent-
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age of the amount to be distributed 
under this clause that is equal to the 
noncitizen resident population of the 
State divided by the noncitizen resi-
dent population of all States, based on 
the most recent data available from 
the Bureau of the Census. 
‘‘(ii) HIGH GROWTH RATES.—Twenty 
percent of such amounts shall be allocated 
among the 20 States with the largest 
growth rates in noncitizen resident popu-
lation, as determined by the Secretary of 
Health and Human Services, so that each 
such State receives the percentage of the 
amount distributed under this clause that 
is equal to— 
‘‘(I) the growth rate in the non-
citizen resident population of the 
State during the most recent 3-year 
period for which data is available from 
the Bureau of the Census; divided by 
‘‘(II) the average growth rate in 
noncitizen resident population for the 
20 States during such 3-year period. 
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‘‘(iii) 
LEGISLATIVE
APPROPRIA-
TIONS.—The use of grant funds allocated 
to States under this paragraph shall be 
subject to appropriation by the legislature 
of each State in accordance with the terms 
and conditions under this paragraph. 
‘‘(C) 
FUNDING
FOR
LOCAL
GOVERN-
MENT.— 
‘‘(i) DISTRIBUTION CRITERIA.—Grant 
funds received by States under this para-
graph shall be distributed to units of local 
government based on need and function. 
‘‘(ii) MINIMUM
DISTRIBUTION.—Ex-
cept as provided in clause (iii), a State 
shall distribute not less than 30 percent of 
the grant funds received under this para-
graph to units of local government not 
later than 180 days after receiving such 
funds. 
‘‘(iii) EXCEPTION.—If an eligible unit 
of local government that is available to 
carry out the activities described in sub-
paragraph (D) cannot be found in a State, 
the State does not need to comply with 
clause (ii). 
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