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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Ethics Commission Act of 
2007''.

SEC. 2. ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION.

    (a) Establishment.--There is established an independent ethics 
commission within the House of Representatives to be known as the 
Independent Ethics Committee (in this Act referred to as the 
``Commission'').
    (b) Membership and Terms of Office.--(1) The Commission shall 
consist of 9 commissioners, 4 appointed by the Speaker and 4 by the 
minority leader of the House, and one selected by the affirmative vote 
of two-thirds of the 8 appointed commissioners for a term of 5 years. 
No commissioner may serve for more than 5 years.
    (2) Commissioners shall be appointed for terms of 5 years, except 
that of the commissioners first appointed, 2 appointed by the Speaker 
and 2 by the minority leader shall be for 3-year terms and 2 appointed 
by the Speaker and 2 by the minority leader shall be for 4-year terms 
as designated by the Speaker and the minority leader at the time of 
appointment.
    (c) Qualifications.--Only former Federal judges shall be eligible 
for appointment to the Commission.
            (1) Disqualifications for appointments.--
                    (A) Lobbying.--No individual who has been a 
                lobbyist registered under the Lobbying Disclosure Act 
                of 1995 or engages in, or is otherwise employed in, 
                lobbying of the Congress or who is an agent of a 
                foreign principal registered under the Foreign Agents 
                Registration Act within the 4-year period immediately 
                preceding appointment shall be eligible for appointment 
                to, or service on, the Commission.
                    (B) Incompatible office.--No member of the 
                Commission appointed under subsection (b) may be a 
                Member of the House of Representatives or Senator.
            (2) Vacancies.--A vacancy on the Commission shall be filled 
        in the manner in which the original appointment was made.
    (d) Compensation.--Members shall each be entitled to receive the 
daily equivalent of the maximum annual rate of basic pay in effect for 
Level III of the Executive Schedule for each day (including travel 
time) during which they are engaged in the actual performance of duties 
vested in the Commission.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum.
    (f) Meetings.--The Commission shall meet at the call a majority of 
its members.

SEC. 3. DUTIES OF COMMISSION.

    (a) Duties.--The Commission is authorized--
            (1) to receive, monitor, and oversee financial disclosure 
        and other reports filed by Members of the House and officers 
        and employees of the House under the Ethics in Government Act 
        of 1978, and reports filed by registered lobbyists under the 
        Lobbying Disclosure Act of 1995;
            (2) to investigate any alleged violation, by a Member, 
        officer, or employee of the House of Representatives, of any 
        rule or other standard of conduct applicable to the conduct of 
        such Member, officer, or employee under House rules in the 
        performance of his duties or the discharge of his 
        responsibilities;
            (3) to present a case of probable ethics violations to the 
        Committee on Standards of Official Conduct of the House of 
        Representatives;
            (4) to make recommendations to the Committee on Standards 
        of Official Conduct of the House of Representatives that it 
        report to the appropriate Federal or State authorities any 
        substantial evidence of a violation by a Member, officer, or 
        employee of the House of Representatives of any law applicable 
        to the performance of his duties or the discharge of his 
        responsibilities, which may have been disclosed in an 
        investigation by the Office;
            (5) to provide information and informal guidance to 
        Members, officers and employees of the House of Representatives 
        regarding any rules and other standards of conduct applicable 
        to such individuals in their official capacities, and develop 
        and carry out periodic educational briefings for Members, 
        officers, and employees of the House of Representatives on 
        those laws, rules, regulations, or other standards; and
            (6) to give consideration to the request of any Member, 
        officer, or employee of the House of Representatives for a 
        formal advisory opinion or other formal ruling, subject to the 
        review of the Committee on Standards of Official Conduct of the 
        House of Representatives, as applicable, with respect to the 
        general propriety of any current or proposed conduct of such 
        Member, officer, or employee and, with appropriate deletions to 
        assure the privacy of the individual concerned, to publish such 
        opinion for the guidance of other Members, officers, and 
        employees of the House of Representatives.

SEC. 4. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission may for the purpose of 
carrying out this Act--
            (1) hold such hearings and sit and act at such times and 
        places, take such testimony, receive such evidence, administer 
        such oaths; and
            (2) subject to subsection (b), require, by subpoena or 
        otherwise, the attendance and testimony of such witnesses and 
        the production of such books, records, correspondence, 
        memoranda, papers, and documents, as the Commission may 
        determine advisable.
    (b) Subpoenas.--A subpoena may be issued only with a majority of 
the Commission.
    (c) Obtaining Information.--Upon request of the Commission, the 
head of any agency or instrumentality of the Government shall furnish 
information deemed necessary by the Commission to enable it to carry 
out its duties.
    (d) Referrals to the Department of Justice.--Whenever the 
Commission has reason to believe that a violation of the Lobbying 
Disclosure Act of 1995 may have occurred, that matter may be referred 
to the Department of Justice for it to investigate.
    (e) General Audits.--The Commission shall have the authority to 
conduct general audits of filings under the Lobbying Disclosure Act of 
1995.

SEC. 5. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON 
              STANDARDS OF OFFICIAL CONDUCT.

    (a) Notification.--Whenever the Commission determines that there 
are sufficient grounds to conduct an investigation--
            (1) the Commission shall notify the Committee on Standards 
        of Official Conduct of this determination;
            (2) the applicable committee may overrule the determination 
        of the Commission if, within 10 legislative days--
                    (A) the committee by an affirmative, roll-call vote 
                of two-thirds of the full committee votes to overrule 
                the determination of the Commission;
                    (B) the committee issues a public report detailing 
                its reasoning for overruling the Commission;
                    (C) the vote of each member of the committee on 
                such roll-call vote is included in the report;
                    (D) dissenting members are allowed to issue their 
                own report detailing their reasons for disagreeing with 
                the majority vote; and
                    (E) if the committee votes to overrule the 
                determination of the Commission pursuant to 
                subparagraph (B), the Commission may publish and make 
                available to the general public a report detailing the 
                reasons that the Commission concluded there were 
                sufficient grounds to conduct an investigation.
    (b) Conducting Investigations.--(1) If the Commission determines 
that there are sufficient grounds to conduct an investigation and his 
determination is not overruled under subsection (a)(5), the Commission 
shall conduct an investigation to determine if probable cause exists 
that a violation occurred.
    (2) As part of an investigation, the Commission may--
            (A) administer oaths;
            (B) issue subpoenas;
            (C) compel the attendance of witnesses and the production 
        of papers, books, accounts, documents, and testimony; and
            (D) take the deposition of witnesses.
    (3) If a person disobeys or refuses to comply with a subpoena, or 
if a witness refuses to testify to a matter, he may be held in contempt 
of Congress.
    (c) Presentation of Case to House Committee on Standards of 
Official Conduct.--(1) If the Commission determines, upon conclusion of 
an investigation, that probable cause exists that an ethics violation 
has occurred, the Commission shall notify the Committee on Standards of 
Official Conduct of the House of Representatives of this determination.
    (2) The committee may overrule the determination of the Commission 
if, within 10 legislative days--
            (A) the committee by an affirmative, roll-call vote of two-
        thirds of the full committee votes to overrule the 
        determination of the Commission;
            (B) the committee issues a public report detailing its 
        reasoning for overruling the Commission;
            (C) the vote of each member of the committee on such roll-
        call vote is included in the report; and
            (D) dissenting members are allowed to issue their own 
        report detailing their reasons for disagreeing with the 
        majority vote.
    (3) If the committee votes to overrule the determination of the 
Commission pursuant to paragraph (2), the Commission may publish and 
make available to the general public a report detailing the reasons 
that he concluded there were sufficient grounds to present such case to 
the committee.
    (4)(A) If the Commission determines there is probable cause that an 
ethics violation has occurred and the Commission's determination is not 
overruled, the Commission shall present the case and evidence to the 
Committee on Standards of Official Conduct of the House of 
Representatives to hear and make a determination pursuant to its rules.
    (B) The committee shall vote upon whether the individual who is the 
subject of the investigation has violated any rules or other standards 
of conduct applicable to that individual in his official capacity. Such 
votes shall be a roll-call vote of the full committee, a quorum being 
present. The committee shall issue a public report which shall include 
the vote of each member of the committee on such roll-call vote. 
Dissenting members may issue their own report detailing their own 
reasons for disagreeing with the majority vote.
    (d) Sanctions.--Whenever the Committee on Standards of Official 
Conduct of the House of Representatives finds that an ethics violation 
has occurred the Commission shall recommend appropriate sanctions to 
the committee and whether a matter should be referred to the Department 
of Justice for investigation.

SEC. 6. PROCEDURAL RULES.

    (a) Majority Approval.--No report or recommendation relating to the 
official conduct of a Member, officer, or employee of the House of 
Representatives shall be made by the Commission, and no investigation 
of such conduct shall be undertaken by the Commission, unless approved 
by the affirmative vote of a majority of the members of the Commission.
    (b) Investigations.--Except in the case of an investigation 
undertaken by the Commission on its own initiative, the Commission may 
undertake an investigation relating to the official conduct of an 
individual Member, officer, or employee of the House of Representatives 
only--
            (1) upon receipt of a complaint, in writing and under oath, 
        made by or submitted to a Member of the House of 
        Representatives and transmitted to the Commission by such 
        Member, or
            (2) upon receipt of a complaint from the chairman of the 
        Committee on Standards of Official Conduct of the House of 
        Representatives, in writing and under oath, made by that 
        committee.
    (c) Prohibition of Certain Investigations.--No investigation shall 
be undertaken by the Commission of any alleged violation of a law, 
rule, regulation, or standard of conduct not in effect at the time of 
the alleged violation.
    (d) Disclosure.--No information or testimony received, or the 
contents of a complaint or the fact of its filing, shall be publicly 
disclosed by any member of the Commission or staff of the Commission 
unless specifically authorized in each instance by a vote of the 
Commission.

SEC. 7. STAFF OF COMMISSION.

    The Commission may appoint and fix the compensation of such staff 
as the Commission considers necessary to perform its duties. The 
Commission shall be appointed jointly by the Speaker and minority 
leader and shall be paid at a rate not to exceed the rate of basic pay 
payable for Level III of the Executive Schedule.

SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF 
              THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

    (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of 
the House of Representatives is amended as follows:
            (1) In paragraph (a), strike subparagraphs (1), (2), and 
        (3), and redesignate subparagraphs (4), (5), and (6), as 
        subparagraphs (1), (2), and (3), respectively.
            (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by 
        striking ``a resolution, report, recommendation, or'' and 
        inserting ``an'', and by striking ``, or, except as provided in 
        subparagraph (2), undertake an investigation'', and by striking 
        subdivision (B).
            (B) Paragraph (b) is further amended by striking 
        subparagraphs (2), (3), (4), and (5) and by redesignating 
        subparagraphs (6) and (7) as subparagraphs (2) and (3), 
        respectively.
            (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and 
        (q).
    (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 
1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d).

SEC. 9. ACTION ON COMMISSION RECOMMENDATIONS.

    (a) Printing of Reports in Congressional Record.--Upon receipt by 
the Committee on Standards of Official Conduct of the House of 
Representatives of any report of the Commission, the Speaker of the 
House of Representatives shall have the report printed in the 
Congressional Record.
    (b) House Consideration of Independent Ethics Commission 
Recommendations.--Within 14 calendar days after a report referred to in 
subsection (a) is printed in the Congressional Record, that portion of 
the report recommending action by the House of Representatives 
respecting any alleged violation, by a Member, officer, or employee of 
the House of Representatives, of any law, rule, regulation, or other 
standard of conduct applicable to the conduct of such Member, officer, 
or employee in the performance of his duties or the discharge of his 
responsibilities shall be introduced (by request) in the House by the 
Speaker of the House, for himself and the minority leader of the House 
in the form of a resolution. This resolution shall constitute a 
question of privilege under rule IX of the Rules of the House of 
Representatives. Any Member favoring the resolution may call it up as a 
question of privilege but only on the third day after the calendar date 
upon which such Member announces to the House his intention to do so.

SEC. 10. EFFECTIVE DATE.

    This Act shall take effect upon the date of its enactment, except 
that sections 3, 4, and 8 shall not take effect immediately prior to 
noon January 3, 2009.

A: Independent Ethics Commission Act of 2007 - Establishes within the House of Representatives an Independent Ethics Commission composed only of former federal judges.
****
Q: 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).

A: 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.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Remote Sensing Applications Act of 
2004''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) although urban land use planning, growth management, 
        and other functions of State, local, regional, and tribal 
        agencies are rightfully within their jurisdiction, the Federal 
        Government can and should play an important role in the 
        development and demonstration of innovative techniques to 
        improve comprehensive land use planning and growth management;
            (2) the United States is making a major investment in 
        acquiring remote sensing and other geospatial information from 
        both governmental and commercial sources;
            (3) while much of the data is being acquired for scientific 
        and national security purposes, it also can have important 
        applications to help meet societal goals;
            (4) it has already been demonstrated that Landsat data and 
        other earth observation data can be of enormous assistance to 
        Federal, State, local, regional, and tribal agencies for urban 
        land use planning, coastal zone management, natural and 
        cultural resource management, and disaster monitoring;
            (5) remote sensing, coupled with the emergence of 
        geographic information systems and satellite-based positioning 
        information, offers the capability of developing important new 
        applications of integrated sets of geospatial information to 
        address societal needs;
            (6) the full range of applications of remote sensing and 
        other forms of geospatial information to meeting public sector 
        requirements has not been adequately explored or exploited;
            (7) the Land Remote Sensing Policy Act of 1992, 
        Presidential Decision Directive 23 of 1994, and the Commercial 
        Space Act of 1998 all support and promote the development of 
        United States commercial remote sensing capabilities;
            (8) many State, local, regional, tribal, and Federal 
        agencies are unaware of the utility of remote sensing and other 
        geospatial information for meeting their needs, even when 
        research has demonstrated the potential applications of that 
        information;
            (9) even when aware of the utility of remote sensing and 
        geospatial technologies in the area of wildland fire management 
        to detect and monitor a wildland fire in real-time from the 
        early stages of fire growth, many State, local, regional, and 
tribal agencies are hampered by a lack of overall strategy guiding 
interagency management of resources and technology, according to a 
September 2003 Government Accounting Office report;
            (10) remote sensing and other geospatial information, 
        especially when used in a coordinated approach, can be 
        particularly useful to State, local, regional, and tribal 
        agencies in the area of urban planning, especially in their 
        efforts to plan for and manage the impacts of growth, 
        development, and sprawl, as well as in wildland fire management 
        and environmental impact and disaster relief planning and 
        management;
            (11) the National Aeronautics and Space Administration, in 
        coordination with other agencies, can play a unique role in 
        demonstrating how data acquired for scientific purposes, when 
        combined with other data sources and processing capabilities, 
        can be applied to assist State, local, regional, and tribal 
        agencies and the private sector in decisionmaking in such areas 
        as agriculture, weather forecasting, and forest management; and
            (12) in addition, the National Aeronautics and Space 
        Administration, in conjunction with other agencies, can play a 
        unique role in stimulating the development of the remote 
        sensing and other geospatial information sector through pilot 
        projects to demonstrate the value of integrating governmental 
        and commercial remote sensing data with geographic information 
        systems and satellite-based positioning data to provide useful 
        applications products.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the National Aeronautics and Space Administration;
            (2) the term ``geospatial information'' means knowledge of 
        the nature and distribution of physical and cultural features 
        on the landscape based on analysis of data from airborne or 
        spaceborne platforms or other types and sources of data; and
            (3) the term ``institution of higher education'' has the 
        meaning given that term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).

SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS.

    (a) In General.--The Administrator shall establish a program of 
grants for competitively awarded pilot projects to explore the 
integrated use of sources of remote sensing and other geospatial 
information to address State, local, regional, and tribal agency needs.
    (b) Preferred Projects.--In awarding grants under this section, the 
Administrator shall give preference to projects that--
            (1) make use of existing public or commercial data sets;
            (2) integrate multiple sources of geospatial information, 
        such as geographic information system data, satellite-provided 
        positioning data, and remotely sensed data, in innovative ways;
            (3) include funds or in-kind contributions from non-Federal 
        sources;
            (4) involve the participation of commercial entities that 
        process raw or lightly processed data, often merging that data 
        with other geospatial information, to create data products that 
        have significant value added to the original data; and
            (5) taken together demonstrate as diverse a set of public 
        sector applications as possible.
    (c) Opportunities.--In carrying out this section, the Administrator 
shall seek opportunities to assist--
            (1) in the development of commercial applications 
        potentially available from the remote sensing industry;
            (2) State, local, regional, and tribal agencies in applying 
        remote sensing and other geospatial information technologies 
        for growth management; and
            (3) State, local, regional, and tribal agencies in 
        obtaining and utilizing satellite, aviation, and sensor 
        capabilities for wildland fire detection, analysis, and 
        observation.
    (d) Duration.--Assistance for a pilot project under subsection (a) 
shall be provided for a period not to exceed 3 years.
    (e) Report.--Each recipient of a grant under subsection (a) shall 
transmit a report to the Administrator on the results of the pilot 
project within 180 days of the completion of that project.
    (f) Workshop.--Each recipient of a grant under subsection (a) 
shall, not later than 180 days after the completion of the pilot 
project, conduct at least one workshop for potential users to 
disseminate the lessons learned from the pilot project as widely as 
feasible.
    (g) Regulations.--The Administrator shall issue regulations 
establishing application, selection, and implementation procedures for 
pilot projects, and guidelines for reports and workshops required by 
this section.

SEC. 5. PROGRAM EVALUATION.

    (a) Advisory Committee.--The Administrator shall establish an 
advisory committee, consisting of individuals with appropriate 
expertise in State, local, regional, and tribal agencies, the 
university research community, and the remote sensing and other 
geospatial information industry, to monitor the program established 
under section 4. The advisory committee shall consult with the Federal 
Geographic Data Committee and other appropriate industry 
representatives and organizations. Notwithstanding section 14 of the 
Federal Advisory Committee Act, the advisory committee established 
under this subsection shall remain in effect until the termination of 
the program under section 4.
    (b) Effectiveness Evaluation.--Not later than December 31, 2008, 
the Administrator shall transmit to the Congress an evaluation of the 
effectiveness of the program established under section 4 in exploring 
and promoting the integrated use of sources of remote sensing and other 
geospatial information to address State, local, regional, and tribal 
agency needs. Such evaluation shall have been conducted by an 
independent entity.

SEC. 6. DATA AVAILABILITY.

    The Administrator shall ensure that the results of each of the 
pilot projects completed under section 4 shall be retrievable through 
an electronic, Internet-accessible database.

SEC. 7. EDUCATION.

    The Administrator shall establish an educational outreach program 
to increase awareness at institutions of higher education and State, 
local, regional, and tribal agencies of the potential applications of 
remote sensing and other geospatial information.

SEC. 8. COST SENSITIVITY STUDY.

    The Administrator shall conduct a study of the effect of remote 
sensing imagery costs on potential State, local, regional, and tribal 
agency applications. The study shall identify applications that are 
likely to be most affected by reductions in the cost of remote sensing 
imagery. Not later than 2 years after the date of the enactment of this 
Act, the Administrator shall transmit to the Congress the results of 
the study conducted under this section.

SEC. 9. REPORT.

    Not later than 6 months after the date of enactment of this Act, 
the National Aeronautics and Space Administration shall submit to 
Congress a report on how agencies are implementing the recommendations 
contained in the September 2003 General Accounting Office report 
entitled ``Geospatial Information: Technologies Hold Promise for 
Wildland Fire Management, but Challenges Remain''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Administrator 
$15,000,000 for each of the fiscal years 2005 through 2009 to carry out 
this Act.

A:
Remote Sensing Applications Act of 2004 - (Sec. 4) Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish a program of grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Requires the Administrator, in awarding grants, to give preference to specified types of projects.

Requires the Administrator to seek opportunities to assist: (1) in the development of commercial applications potentially available from the remote sensing industry; (2) State, local, regional, and tribal agencies in applying remote sensing and geospatial information technologies for growth management; and (3) such agencies in obtaining and utilizing satellite, aviation, and sensor capabilities for wildland fire detection, analysis, and observation.

Limits the provision of assistance for a project to three years. Requires each grant recipient to: (1) report project results to the Administrator; and (2) conduct at least one workshop for potential users to disseminate the lessons learned from the project.

(Sec. 5) Requires the Administrator to establish an advisory committee to monitor the program. Instructs the advisory committee to consult with the Federal Geographic Data Committee and other industry representatives and organizations.

Requires the Administrator to transmit to Congress an independent evaluation of program effectiveness.

(Sec. 6) Directs the Administrator to ensure that project results are retrievable through an Internet-accessible database.

(Sec. 7) Requires the Administrator to establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and geospatial information. (Sec. 8) Requires the Administrator to study and transmit results to Congress on the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications. Requires such study to identify applications that are likely to be most affected by reductions in the cost of remote sensing imagery. (Sec. 9) Directs NASA to submit a report to Congress on how agencies are implementing recommendations contained in the General Accounting Office report entitled "Geospatial Information: Technologies Hold Promise for Wildland Fire Management, but Challenges Remain" (September 2003). (Sec. 10) Authorizes appropriations.
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