instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Torture Victims Relief Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The American people abhor torture by any government or 
        person. The existence of torture creates a climate of fear and 
        international insecurity that affects all people.
            (2) Torture is the deliberate mental and physical damage 
        caused by governments to individuals to destroy individual 
        personality and terrorize society. The effects of torture are 
        long term. Those effects can last a lifetime for the survivors 
        and affect future generations.
            (3) By eliminating leadership of their opposition and 
        frightening the general public, repressive governments often 
        use torture as a weapon against democracy.
            (4) Torture survivors remain under physical and 
        psychological threats, especially in communities where the 
        perpetrators are not brought to justice. In many nations, even 
        those who treat torture survivors are threatened with 
        reprisals, including torture, for carrying out their ethical 
        duties to provide care. Both the survivors of torture and their 
        treatment providers should be accorded protection from further 
        repression.
            (5) A significant number of refugees and asylees entering 
        the United States have been victims of torture. Those claiming 
        asylum deserve prompt consideration of their applications for 
        political asylum to minimize their insecurity and sense of 
        danger. Many torture survivors now live in the United States. 
        They should be provided with the rehabilitation services which 
        would enable them to become productive members of our 
        communities.
            (6) The development of a treatment movement for torture 
        survivors has created new opportunities for action by the 
        United States and other nations to oppose state-sponsored and 
        other acts of torture.
            (7) There is a need for a comprehensive strategy to protect 
        and support torture victims and their treatment providers, 
        together with overall efforts to eliminate torture.
            (8) By acting to heal the survivors of torture and protect 
        their families, the United States can help to heal the effects 
        of torture and prevent its use around the world.
            (9) The United States became a party to the Convention 
        Against Torture and Other Cruel, Inhuman, or Degrading 
        Treatment or Punishment on November 20, 1994, but has not 
        implemented Article 3 of the Convention.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) In general.--Except as otherwise provided, the terms 
        used in this Act have the meanings given those terms in section 
        101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)).
            (2) Torture.--The term ``torture'' has the meaning given 
        the term in section 2340(1) of title 18, United States Code, 
        and includes the use of rape and other forms of sexual violence 
        by a person acting under the color of law upon another person 
        under his custody or physical control.

SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION 
              TO TORTURE.

    (a) Prohibition.--Notwithstanding any other provision of law, the 
United States shall not expel, remove, extradite, or otherwise return 
involuntarily an individual to a country if there is substantial 
evidence that a reasonable person in the circumstances of that 
individual would fear subjection to torture in that country.
    (b) Definition.--For purposes of this section, the term ``to return 
involuntarily'', in the case of an individual, means--
            (1) to return the individual without the individual's 
        consent, whether or not the return is induced by physical force 
        and whether or not the person is physically present in the 
        United States; or
            (2) to take an action by which it is reasonably foreseeable 
        that the individual will be returned, whether or not the return 
        is induced by physical force and whether or not the person is 
        physically present in the United States.

SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS.

    (a) Covered Aliens.--An alien described in this section is any 
alien who presents a claim of having been subjected to torture, or whom 
there is reason to believe has been subjected to torture.
    (b) Consideration of the Effects of Torture.--In considering an 
application by an alien described in subsection (a) for refugee status 
under section 207 of the Immigration and Nationality Act, asylum under 
section 208 of that Act, or withholding of removal under section 
241(b)(3) of that Act, the appropriate officials shall take into 
account--
            (1) the manner in which the effects of torture might affect 
        the applicant's responses in the application and in the 
        interview process or other immigration proceedings, as the case 
        may be;
            (2) the difficulties torture victims often have in 
        recounting their suffering under torture; and
            (3) the fear victims have of returning to their country of 
        nationality where, even if torture is no longer practiced or 
        the incidence of torture is reduced, their torturers may have 
        gone unpunished and may remain in positions of authority.
    (c) Expedited Processing of Refugee Admissions.--For purposes of 
section 207(c) of the Immigration and Nationality Act (8 U.S.C. 
1157(c)), refugees who have been subjected to torture shall be 
considered to be refugees of special humanitarian concern to the United 
States and shall be accorded priority for resettlement at least as high 
as that accorded any other group of refugees.
    (d) Processing for Asylum and Withholding of Removal.--Section 
235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)(1)(A)) is amended by adding at the end the following new 
clause:
                            ``(iv) Special procedures for aliens who 
                        are the victims of torture.--
                                    ``(I) Expedited procedures.--With 
                                the consent of the alien, an asylum 
                                officer or immigration judge shall 
                                expedite the scheduling of an asylum 
                                interview or a removal proceeding for 
                                any alien who presents a claim of 
                                having been subjected to torture, 
                                unless the evidence indicates that a 
                                delay in making a determination 
                                regarding the granting of asylum under 
                                section 208 of the Immigration and 
                                Nationality Act or the withholding of 
                                removal under section 241(b)(3) of that 
                                Act with respect to the alien would not 
                                aggravate the physical or psychological 
                                effects of torture upon the alien.
                                    ``(II) Delay of proceedings.--With 
                                the consent of the alien, an asylum 
                                officer or immigration judge shall 
                                postpone an asylum interview or a 
                                removal proceeding for any alien who 
                                presents a claim of having been 
                                subjected to torture, if the evidence 
                                indicates that, as a result of the 
                                alien's mental or physical symptoms 
                                resulting from torture, including the 
                                alien's inability to recall or relate 
                                the events of the torture, the alien 
                                will require more time to recover or be 
                                treated before being required to 
                                testify.
    (e) Parole in Lieu of Detention.--The finding that an alien is a 
person described in subsection (a) shall be a strong presumptive basis 
for a grant of parole, under section 212(d)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention.
    (f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by 
inserting before the period at the end the following: ``, or to an 
alien described in section 5(a) of the Torture Victims Relief Act''.
    (g) Sense of Congress.--It is the sense of Congress that the 
Attorney General should allocate resources sufficient to maintain in 
the Resource Information Center of the Immigration and Naturalization 
Service current information relating to the use of torture in foreign 
countries.

SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM 
              PERSONNEL.

    (a) In General.--The Attorney General shall provide training for 
immigration inspectors and examiners, immigration officers, asylum 
officers, immigration judges, and all other relevant officials of the 
Department of Justice, and the Secretary of State shall provide 
training for consular officers, with respect to--
            (1) the identification of torture;
            (2) the identification of the surrounding circumstances in 
        which torture is most often practiced;
            (3) the long-term effects of torture upon a victim;
            (4) the identification of the physical, cognitive, and 
        emotional effects of torture, and the manner in which these 
        effects can affect the interview or hearing process; and
            (5) the manner of interviewing victims of torture so as not 
        to retraumatize them, eliciting the necessary information to 
        document the torture experience, and understanding the 
        difficulties victims often have in recounting their torture 
        experience.
    (b) Gender-Related Considerations.--In conducting training under 
subsection (a) (4) or (5), gender-specific training shall be provided 
on the subject of interacting with women and men who are victims of 
torture by rape or any other form of sexual violence.

SEC. 7. DOMESTIC TREATMENT CENTERS.

    (a) Amendment of the Immigration and Nationality Act.--Section 412 
of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by 
adding at the end the following new subsection:
    ``(b) Assistance for Treatment of Torture Victims.--The Secretary 
may provide grants to programs in the United States to cover the cost 
of the following services:
            ``(1) Services for the rehabilitation of victims of 
        torture, including treatment of the physical and psychological 
        effects of torture.
            ``(2) Social and legal services for victims of torture.
            ``(3) Research and training for health care providers 
        outside of treatment centers, or programs for the purpose of 
        enabling such providers to provide the services described in 
        paragraph (1).''.
    (b) Funding.--
            (1) Authorization of appropriations.--Of the amounts 
        authorized to be appropriated for the Department of Health and 
        Human Services for fiscal years 1999, 2000, and 2001, but not 
        from funds made available to the Office of Refugee 
        Resettlement, there are authorized to be appropriated to carry 
        out section 412(g) of that Act (relating to assistance for 
        domestic centers and programs for the treatment of victims of 
        torture), as added by subsection (a), the following amounts for 
        the following fiscal years:
                    (A) For fiscal year 1999, $5,000,000.
                    (B) For fiscal year 2000, $7,500,000.
                    (C) For fiscal year 2001, $9,000,000.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to this subsection shall remain available until expended.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1998.

SEC. 8. FOREIGN TREATMENT CENTERS.

    (a) Amendments of the Foreign Assistance Act of 1961.--Part I of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended 
by adding at the end of chapter 1 the following new section:

``SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE.

    ``(a) In General.--The President is authorized to provide 
assistance for the rehabilitation of victims of torture.
    ``(b) Eligibility for Grants.--Such assistance shall be provided in 
the form of grants to treatment centers and programs in foreign 
countries that are carrying out projects or activities specifically 
designed to treat victims of torture for the physical and psychological 
effects of the torture.
    ``(c) Use of Funds.--Such assistance shall be available--
            ``(1) for direct services to victims of torture; and
            ``(2) to provide research and training to health care 
        providers outside of treatment centers or programs described in 
        subsection (b), for the purpose of enabling such providers to 
        provide the services described in paragraph (1).''.
    (b) Funding.--
            (1) Authorization of appropriations.--Of the amounts 
        authorized to be appropriated for fiscal years 1999, 2000, and 
        2001 pursuant to chapter 1 of part I of the Foreign Assistance 
        Act of 1961, there are authorized to be appropriated to the 
        President $5,000,000 for fiscal year 1999, $7,500,000 for 
        fiscal year 2000, and $9,000,000 for fiscal year 2001 to carry 
        out section 129 of the Foreign Assistance Act, as added by 
        subsection (a).
            (2) Availability of funds.--Amounts appropriated pursuant 
        to this subsection shall remain available until expended.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1998.

SEC. 9. MULTILATERAL ASSISTANCE.

    (a) Funding.--Of the amounts authorized to be appropriated for 
fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of 
the Foreign Assistance Act of 1961, there are authorized to be 
appropriated to the United Nations Voluntary Fund for Victims of 
Torture (in this section referred to as the ``Fund'') the following 
amounts for the following fiscal years:
            (1) Fiscal year 1999.--For fiscal year 1999, $3,000,000.
            (2) Fiscal year 2000.--For fiscal year 2000, $3,000,000.
            (3) Fiscal year 2001.--For fiscal year 2001, $3,000,000.
    (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) shall remain available until expended.
    (c) Sense of Congress.--It is the sense of Congress that the 
President, acting through the United States Permanent Representative to 
the United Nations, should--
            (1) request the Fund--
                    (A) to find new ways to support and protect 
                treatment centers and programs that are carrying out 
                rehabilitative services for victims of torture; and
                    (B) to encourage the development of new such 
                centers and programs;
            (2) use the voice and vote of the United States to support 
        the work of the Special Rapporteur on Torture and the Committee 
        Against Torture established under the Convention Against 
        Torture and Other Cruel, Inhuman or Degrading Treatment or 
        Punishment; and
            (3) use the voice and vote of the United States to 
        establish a country rapporteur or similar procedural mechanism 
        to investigate human rights violations in a country if either 
        the Special Rapporteur or the Committee Against Torture 
        indicates that a systematic practice of torture is prevalent in 
        that country.
answer:
Torture Victims Relief Act - Prohibits the United States from expelling, removing, extraditing, or otherwise involuntarily returning an individual to a country if there is substantial evidence that a reasonable person in the circumstances of that individual would fear subjection to torture in that country. 
(Sec. 5) Covers within this Act any alien presenting a claim of having been tortured, or whom there is reason to believe has been tortured. 
Sets forth provisions regarding:  (1) consideration by appropriate officials of the effects of torture; (2) expedited processing of refugee admissions and for asylum and withholding of removal; (3) granting parole in lieu of detention for such an individual under the Immigration and Nationality Act; and (4) exemption of such an individual from expedited removal pursuant to such Act. 
Expresses the sense of the Congress that the Attorney General should allocate sufficient resources to maintain in the Immigration and Naturalization Service's Resource Information Center current information relating to the use of torture in foreign countries. 
(Sec. 6) Directs the Attorney General to provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and other relevant Department of Justice officials, and directs the Secretary of State to provide training for consular officers, regarding the identification of torture, the surrounding circumstances most often practiced, the long-term effects upon a victim, the identification of the physical, cognitive, and emotional effects of torture, and the appropriate manner of interviewing torture victims. 
(Sec. 7) Amends the Immigration and Nationality Act to authorize the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of specified services for torture victims.  Authorizes the appropriation of funds for assistance for domestic centers and programs for the treatment of torture victims. 
(Sec. 8) Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries which are specifically carrying out projects or activities to treat victims of torture.  Authorizes appropriations. 
(Sec. 9) Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture for FY 1999 through 2001.


question:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Keeping Families 
Together Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Restoration of definition of aggravated felony (repeal of 
                            section 321 of IIRIRA).
Sec. 3. Restoration of detention policy.
Sec. 4. Repeal of time stop provisions.
Sec. 5. Repeal of section 101(a)(48).
Sec. 6. Restoration of section 212(c).
Sec. 7. Restoration of judicial review provisions.
Sec. 8. Post-proceeding relief for affected aliens.

SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF 
              SECTION 321 OF IIRIRA).

    (a) In General.--Effective as if included in the enactment of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(division C of Public Law 104-208), section 321 of such Act is repealed 
and the provisions of law amended by such section are restored as if 
such section had not been enacted.
    (b) Restoration of Rights.--Any alien whose legal permanent 
resident status, application for permanent residence, or application 
for cancellation of removal, was affected by the changes in the 
definition of ``aggravated felony'' made by such section 321 may apply 
to the Secretary of Homeland Security to be considered for adjustment 
of status or cancellation of removal in conformance with the provisions 
of section 101(a)(43) of the Immigration and Nationality Act, as 
restored by subsection (a).

SEC. 3. RESTORATION OF DETENTION POLICY.

    (a) In General.--Section 236(c) of the Immigration and Nationality 
Act (8 U.S.C. 1226(c)) is amended to read as follows:
    ``(c) Detention of Criminal Aliens.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        take into custody any alien convicted of an aggravated felony 
        upon release of the alien (regardless of whether or not such 
        release is on parole, supervised release, or probation, and 
        regardless of the possibility of rearrest or further 
        confinement in respect of the same offense). Notwithstanding 
        subsection (a) or section 241(a) but subject to paragraph (2), 
        the Secretary of Homeland Security shall not release such felon 
        from custody.
            ``(2) Non-release.--The Secretary of Homeland Security may 
        not release from custody any who has been convicted of an 
        aggravated felony, either before or after a determination of 
        removability, unless--
                    ``(A)(i) the alien was lawfully admitted, or
                    ``(ii) the alien was not lawfully admitted but the 
                alien cannot be removed because the designated country 
                of removal will not accept the alien; and
                    ``(B) the alien satisfies the Secretary of Homeland 
                Security that the alien will not pose a danger to the 
                safety of other persons or of property and is likely to 
                appear for any scheduled proceeding.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996.

SEC. 4. REPEAL OF TIME STOP PROVISIONS.

    (a) In General.--Section 240A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1229b(d)) is repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall be 
effective as if included in the enactment of subtitle A of title III of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996.

SEC. 5. REPEAL OF SECTION 101(A)(48).

    (a) In General.--Paragraph (48) of section 101(a)(48) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall take 
effect as if included in the enactment of section 322(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 6. RESTORATION OF SECTION 212(C).

    (a) In General.--Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182) is amended by inserting after subsection (b) the 
following new subsection:
    ``(c) Aliens lawfully admitted for permanent residence who 
temporarily proceeded abroad voluntarily and not under an order of 
deportation or removal, and who are returning to a lawful 
unrelinquished domicile of seven consecutive years, may be admitted in 
the discretion of the Secretary of Homeland Security without regard to 
the provisions of subsection (a) (other than paragraphs (3) and 
(10)(C)). Nothing contained in this subsection shall limit the 
authority of the Secretary of Homeland Security to exercise the 
discretion vested in him under section 211(b). The first sentence of 
this subsection shall not apply to an alien who has been convicted of 
one or more aggravated felonies and has served for such felony or 
felonies a term of imprisonment of at least 5 years.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
as of April 24, 1996, as if section 440(d) of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132) and section 
304(b) of Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (division C of Public Law 104-208) had not been enacted.

SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS.

    (a) In General.--Section 242 of the Immigration and Nationality Act 
(8 U.S.C. 1252) is amended to read as follows:

                 ``judicial review of orders of removal

    ``Sec. 242.  (a) The procedure prescribed by, and all the 
provisions of chapter 158 of title 28, United States Code, shall apply 
to, and shall be the sole and exclusive procedure for, the judicial 
review of all final orders of removal heretofore or hereafter made 
against aliens within the United States pursuant to administrative 
proceedings under section 240 of this Act or comparable provisions of 
any prior Act, except that--
            ``(1) a petition for review may be filed not later than 90 
        days after the date of the issuance of the final removal order, 
        or, in the case of an alien convicted of an aggravated felony 
        not later than 30 days after the issuance of such order;
            ``(2) the venue of any petition for review under this 
        section shall be in the judicial circuit in which the 
        administrative proceedings before an immigration judge were 
        conducted in whole or in part, or in the judicial circuit 
        wherein is the residence, as defined in this Act, of the 
        petitioner, but not in more than one circuit;
            ``(3) the action shall be brought against the Department of 
        Homeland Security, as respondent. Service of the petition to 
        review shall be made upon the Secretary of Homeland Security of 
        the United States and upon the official of the Department of 
        Homeland Security in charge of the district in which the office 
        of the clerk of the court is located. The service of the 
        petition for review upon such official of the Service shall 
        stay the removal of the alien pending determination of the 
        petition by the court, unless the court otherwise directs or 
        unless the alien is convicted of an aggravated felony, in which 
        case the Service shall not stay the removal of the alien 
        pending determination of the petition of the court unless the 
        court otherwise directs;
            ``(4) except as provided in clause (B) of paragraph (5) of 
        this subsection, the petition shall be determined solely upon 
        the administrative record upon which the removal order is based 
        and the Secretary of Homeland Security's findings of fact, if 
        supported by reasonable, substantial, and probative evidence on 
        the record considered as a whole, shall be conclusive;
            ``(5) whenever any petitioner, who seeks review of an order 
        under this section, claims to be a national of the United 
        States and makes a showing that his claim is not frivolous, the 
        court shall (A) pass upon the issues presented when it appears 
        from the pleadings and affidavits filed by the parties that no 
        genuine issue of material fact is presented; or (B) where a 
        genuine issue of material fact as to the petitioner's 
        nationality is presented, transfer the proceedings to a United 
        States district court for the district where the petitioner has 
        his residence for hearing de novo of the nationality claim and 
        determination as if such proceedings were originally initiated 
        in the district court under the provisions of section 2201 of 
        title 28, United States Code. Any such petitioner shall not be 
        entitled to have such issue determined under section 360(a) of 
        this Act or otherwise;
            ``(6) whenever a petitioner seeks review of an order under 
        this section, any review sought with respect to a motion to 
        reopen or reconsider such an order shall be consolidated with 
        the review of the order;
            ``(7) if the validity of a removal order has not been 
        judicially determined, its validity may be challenged in a 
        criminal proceeding against the alien for violation of 
        subsection (a) or (b) of section 243 of this Act only by 
        separate motion for judicial review before trial. Such motion 
        shall be determined by the court without a jury and before the 
        trial of the general issue. Whenever a claim to United States 
        nationality is made in such motion, and in the opinion of the 
        court, a genuine issue of material fact as to the alien's 
        nationality is presented, the court shall accord him a hearing 
        de novo on the nationality claim and determine that issue as if 
        proceedings had been initiated under the provisions of section 
        2201 of title 28, United States Code. Any such alien shall not 
        be entitled to have such issue determined under section 360(a) 
        of this Act or otherwise. If no such hearing de novo as to 
        nationality is conducted, the determination shall be made 
        solely upon the administrative record upon which the removal 
        order is based and the Secretary of Homeland Security's 
        findings of fact, if supported by reasonable, substantial, and 
        probative evidence on the record considered as a whole, shall 
        be conclusive. If the removal order is held invalid, the court 
        shall dismiss the indictment and the United States shall have 
        the right to appeal to the court of appeals within 30 days. The 
        procedure on such appeals shall be as provided in the Federal 
        rules of criminal procedure. No petition for review under this 
        section may be filed by any alien during the pendency of a 
        criminal proceeding against such alien for violation of 
        subsection (a) or (b) of section 243 of this Act;
            ``(8) nothing in this section shall be construed to require 
        the Secretary of Homeland Security to defer removal of an alien 
        after the issuance of a removal order because of the right of 
        judicial review of the order granted by this section, or to 
        relieve any alien from compliance with subsections (a) and (b) 
        of section 243 of this Act. Nothing contained in this section 
        shall be construed to preclude the Secretary of Homeland 
        Security from detaining or continuing to detain an alien or 
        from taking the alien into custody pursuant to section 241 of 
        this Act at any time after the issuance of a removal order;
            ``(9) it shall not be necessary to print the record or any 
        part thereof, or the briefs, and the court shall review the 
        proceedings on a typewritten record and on typewritten briefs; 
        and
            ``(10) any alien held in custody pursuant to an order of 
        removal may obtain judicial review thereof by habeas corpus 
        proceedings.
    ``(b) Notwithstanding the provisions of any other law, any alien 
against whom a final order of removal has been made heretofore or 
hereafter under the provisions of section 235 of this Act or comparable 
provisions of any prior Act may obtain judicial review of such order by 
habeas corpus proceedings and not otherwise.
    ``(c) An order of removal shall not be reviewed by any court if the 
alien has not exhausted the administrative remedies available to the 
alien as of right under the immigration laws and regulations or if the 
alien has departed from the United States after the issuance of the 
order. Every petition for review or for habeas corpus shall state 
whether the validity of the order has been upheld in any prior judicial 
proceeding, and, if so, the nature and date thereof, and the court in 
which such proceeding took place. No petition for review or for habeas 
corpus shall be entertained if the validity of the order has been 
previously determined in any civil or criminal proceeding, unless the 
petition presents grounds which the court finds could not have been 
presented in such prior proceeding, or the court finds that the remedy 
provided by such prior proceeding was inadequate or ineffective to test 
the validity of the order.
    ``(d)(1) A petition for review or for habeas corpus on behalf of an 
alien against whom a final order of removal has been issued pursuant to 
section 238(b) may challenge only--
            ``(A) whether the alien is in fact the alien described in 
        the order;
            ``(B) whether the alien is in fact an alien described in 
        section 238(b)(2);
            ``(C) whether the alien has been convicted of an aggravated 
        felony and such conviction has become final; and
            ``(D) whether the alien was afforded the procedures 
        required by section 238(b)(4).
    ``(2) No court shall have jurisdiction to review any issue other 
than an issue described in paragraph (1).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
determinations pending on or after such date with respect to which--
            (1) a final administrative decision has been/not been 
        rendered as of such date; or
            (2) such a decision has been rendered but the period for 
        seeking judicial review of the decision has not expired.

SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.

    (a) In General.--Notwithstanding section 240(c)(6) of the 
Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other 
limitation imposed by law on motions to reopen removal proceedings, the 
Secretary of Homeland Security shall establish a process (whether 
through permitting the reopening of a removal proceeding or otherwise) 
under which an alien--
            (1) who is (or was) in removal proceedings before the date 
        of the enactment of this Act (whether or not the alien has been 
        removed as of such date); and
            (2) whose eligibility for cancellation of removal has been 
        established by this Act;
may apply (or reapply) for cancellation of removal under section 
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a 
beneficiary of the relief provided under this Act.
    (b) Parole.--The Secretary of Homeland Security should exercise the 
parole authority under section 212(d)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting 
aliens removed from the United States to participate in the process 
established under subsection (a).
answer:
Keeping Families Together Act of 2005 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien.

Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act.

Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction."

Authorizes the Secretary of Homeland Security to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted.

Revises provisions respecting judicial review of removal orders.

Requires the Secretary to establish a post-proceeding removal relief process for affected aliens.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Furthering Education and Research 
through Mantis Improvements Act'' or the ``FERMI Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) One-third of the Nobel Prizes awarded to citizens of 
        the United States have been won by foreign-born individuals who 
        became naturalized citizens before or after winning the award, 
        including Enrico Fermi, who won the Nobel Prize in Physics in 
        1938, and Albert Einstein, who won the Nobel Prize in Physics 
        in 1921.
            (2) Individuals wishing to come to the United States as 
        nonimmigrants to study or work temporarily in the life 
        sciences, physical sciences, or engineering are required to 
        undergo and pass a security check known as a Visas Mantis, 
        which is designed to protect against illegal transfers of 
        sensitive technology. Many of these foreign-born individuals 
        subsequently become permanent residents and citizens of the 
        United States.
            (3) Nonimmigrant alien students earn a high percentage of 
        doctoral degrees conferred in the sciences. A National Science 
        Foundation report in 2002 noted that nonimmigrant aliens 
        account for 30 percent of doctoral degrees conferred in the 
        life sciences, 37 percent conferred in the physical sciences, 
        and 52 percent conferred in engineering.
            (4) The United States relies heavily upon nonimmigrant 
        alien post-doctoral fellows for university teaching and 
        research. Fifty-six percent of post-doctoral fellows in the 
        life sciences are nonimmigrant aliens, 67 percent in the 
        physical sciences are nonimmigrant aliens, 69 percent in 
        engineering are nonimmigrant aliens.
            (5) The Council of Graduate Schools reported in March 2004 
        that 90 percent of United States graduate schools suffered a 
        serious decline in applications from nonimmigrant aliens for 
        the academic year beginning in September 2004. Applications 
        declined across all fields, but most precipitously in the 
        fields subject to Visas Mantis security checks.

SEC. 3. IMPROVEMENTS IN THE VISAS MANTIS SECURITY CHECK PROGRAM.

    (a) Improved Guidance, Refinement of Technology Alert List, and 
Data System Interoperability.--
            (1) Improved guidance.--The Secretary of State, in 
        cooperation with the Secretary of Homeland Security, the 
        Director of the Federal Bureau of Investigation, and the 
        Director of the Office of Science and Technology Policy within 
        the Executive Office of the President, shall provide consular 
        officers with improved guidance regarding the operational 
        structure and requirements of the Visas Mantis security check 
        program, including information regarding--
                    (A) the specific conditions under which a security 
                check should be provided;
                    (B) the specific information required to be 
                submitted by the consular officer to the Department of 
                State to ensure a timely response to a request for a 
                security check; and
                    (C) a method for estimating the approximate 
                processing time for a security check associated with a 
                particular applicant.
            (2) Refinement of technology alert list.--The Secretary of 
        State, in consultation with the Director of the Office of 
        Science and Technology Policy, shall provide greater 
        specificity in the Technology Alert List used under the 
        Program.
            (3) Data system interoperability.--The Secretary of State 
        and the Director of the Federal Bureau of Investigation shall 
        make fully interoperable the data systems used under the 
        Program in order to facilitate the transmission of data between 
        the Department of State and the Federal Bureau of Investigation 
        in conducting the Program.
            (4) Progress report.--Not later than six months after the 
        date of the enactment of this Act, the Secretary of State shall 
        submit to Congress a report that describes progress made in 
        implementing this subsection.
    (b) Period and Revalidation of Security Checks; Multiple Entries 
Under Security Checks.--
            (1) Three-year validity period.--Except as provided in 
        paragraph (5), the validity period of a security check 
        (including a revalidation of a security check) shall be three 
        years.
            (2) Revalidation permitted in the united states.--Except as 
        provided in paragraph (5), a security check may be revalidated 
        in the United States on or before the date of the expiration of 
        the previous check.
            (3) Multiple entries permitted.--Except as provided in 
        paragraph (5), a nonimmigrant visa for which a security check 
        is required shall be valid for multiple entries in the same 
        manner in which multiple entries are permitted under such a 
        visa for which a security check is not required.
            (4) Portability of security check across changes in 
        nonimmigrant classification.--Except as provided in paragraph 
        (5), a security check issued with respect to an individual 
        classified within a nonimmigrant classification shall remain 
        valid with respect to a change of the individual to another 
        nonimmigrant classification so long as the security check 
        approved in connection with the first classification is in 
        substantially the same field as the field involved in the 
        subsequent classification.
            (5) Exception.--Paragraphs (1), (2), (3), and (4) shall not 
        apply with respect to an applicant for a security check insofar 
        as the Secretary of State determines that the application of 
        such paragraph with respect to such applicant is not in the 
        national security interests of the United States.
            (6) Effective dates.--
                    (A) Validity period and revalidation.--Paragraphs 
                (1) and (2), and paragraph (5) insofar as it relates to 
                such paragraphs, shall apply to security checks granted 
                or revalidated on or after such date (not later than 90 
                days after the date of the enactment of this Act) as 
                the Secretary of State shall specify.
                    (B) Multiple entries.--Paragraph (3), and paragraph 
                (5) insofar as it relates to such paragraph, shall 
                apply to visas issued on or after such date (not later 
                than 90 days after the date of the enactment of this 
                Act) as the Secretary of State shall specify.
                    (C) Changes in nonimmigrant classification.--
                Paragraph (4), and paragraph (5) insofar as it relates 
                to such paragraph, shall apply to changes in 
                nonimmigrant classification occurring on or after such 
                date (not later than 90 days after the date of the 
                enactment of this Act) as the Secretary of State shall 
                specify.
    (c) Annual Reports on the Operation of the Program.--The Secretary 
of State shall submit to Congress an annual report on the Program. Each 
annual report shall include information on--
            (1) further progress in implementing subsection (a);
            (2) the number of individuals in each nonimmigrant visa 
        classification (under section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15))) for whom a security 
        check has been provided, the number of such individuals who 
        have been approved for a visa after such a check, and the 
        distribution of such individuals by country of nationality; and
            (3) average processing time to complete security checks for 
        applicants in each such nonimmigrant visa classification for 
        each country of nationality.
    (d) Visas Mantis Security Check Program and Check Defined.--For 
purposes of this section:
            (1) The terms ``Visas Mantis security check program'' and 
        ``Program'' mean the program that implements the requirements 
        of section 212(a)(3)(A)(i)(II) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)(3)(A)(i)(II)) (relating to 
        the exclusion of nonimmigrants who may unlawfully export goods, 
        technology, or sensitive information).
            (2) The term ``security check'' means a security clearance 
        under the Program.
answer:

Furthering Education and Research through Mantis Improvements Act or FERMI Act - Requires the Secretary of State to: (1) provide consular officers with improved guidance regarding the operational structure and requirements of the Visas Mantis security check program (which protects against illegal transfers of sensitive technology); and (2) provide greater specificity in the Technology Alert List used under the program. Requires the Secretary and the Director of the Federal Bureau of Investigation to make fully interoperable the data systems used under the program. Directs the Secretary to report to Congress on progress toward implementing these provisions.

Establishes a three-year validity period for Visas Mantis security checks and revalidations. Permits revalidations in the United States. Allows multiple entries on a nonimmigrant visa for which a security check is required. Makes security checks valid across changes in nonimmigrant classifications. Creates an exception for national security concerns as determined by the Secretary.

Requires the Secretary to submit annual reports on the Visas Mantis program to Congress.