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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(division C of Public Law 104-208), section 321 of such Act is repealed 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).
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.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unemployment Compensation Amendments 
of 1993''.
SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.
    (a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the Emergency 
Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) 
are each amended by striking ``October 2, 1993'' and inserting 
``February 5, 1994''.
    (b) Weeks of Benefits Available During Extension.--
        (1) Subparagraph (A) of section 102(b)(2) of such Act is 
    amended--
            (A) by redesignating clause (vi) as clause (vii),
            (B) by inserting after clause (v) the following new clause:
                ``(vi) Reduction of weeks after october 2, 1993.--In the 
            case of weeks beginning after October 2, 1993--

                    ``(I) clause (i) of this subparagraph shall be 
                applied by substituting `13' for `33' and by 
                substituting `7' for `26',
                    ``(II) clauses (ii), (iii), (iv), and (v) of this 
                subparagraph shall not apply, and
                    ``(III) subparagraph A of paragraph (1) shall be 
                applied by substituting `50 percent' for `130 
                percent'.'', and

            (C) by striking ``or (iv)'' in clause (vii) (as redesignated 
        by subparagraph (A)) and inserting ``(iv), or (vi)''.
        (2) Subparagraph (B) of section 102(b)(2) of such Act is amended 
    by striking ``and (iv)'' and inserting ``(iv) and (vi)''.
    (c) Modification of Final Phase-Out.--Paragraph (2) of section 
102(f) of such Act is amended--
        (1) by striking ``October 2, 1993'' and inserting ``February 5, 
    1994'', and
        (2) by striking ``January 15, 1994'' and inserting ``April 30, 
    1994''.
    (d) Conforming Amendments.--Section 101(e) of such Act is amended--
        (1) by striking ``October 2, 1993'' each place it appears in 
    paragraph (1) and inserting ``February 5, 1994'', and
        (2) by striking ``(and is not triggered off under paragraph 
    (1))'' in paragraph (2) and inserting ``after February 5, 1994,''.
    (e) Effective Date.--The amendments made by this section shall apply 
to weeks of unemployment beginning after October 2, 1993.
SEC. 3. MODIFICATION TO ELIGIBILITY REQUIREMENTS FOR EMERGENCY 
UNEMPLOYMENT COMPENSATION.
    (a) Repeal of Disregard of Rights to Regular Compensation.--
Subsection (f) of section 101 of the Emergency Unemployment Compensation 
Act of 1991 (Public Law 102-164, as amended) is hereby repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall apply 
to weeks of unemployment beginning after the date of the enactment of 
this Act; except that such repeal shall not apply in determining 
eligibility for emergency unemployment compensation from an account 
established before October 2, 1993.

SEC. 4. WORKER PROFILING.

    (a) In General.--
        (1) Establishment of profiling system.--Section 303 of the 
    Social Security Act is amended by adding at the end thereof the 
    following new subsection:
    ``(j)(1) The State agency charged with the administration of the 
State law shall establish and utilize a system of profiling all new 
claimants for regular compensation that--
        ``(A) identifies which claimants will be likely to exhaust 
    regular compensation and will need job search assistance services to 
    make a successful transition to new employment;
        ``(B) refers claimants identified pursuant to subparagraph (A) 
    to reemployment services, such as job search assistance services, 
    available under any State or Federal law;
        ``(C) collects follow-up information relating to the services 
    received by such claimants and the employment outcomes for such 
    claimants subsequent to receiving such services and utilizes such 
    information in making identifications pursuant to subparagraph (A); 
    and
        ``(D) meets such other requirements as the Secretary of Labor 
    determines are appropriate.
    ``(2) Whenever the Secretary of Labor, after reasonable notice and 
opportunity for hearing to the State agency charged with the 
administration of the State law, finds that there is a failure to comply 
substantially with the requirements of paragraph (1), the Secretary of 
Labor shall notify such State agency that further payments will not be 
made to the State until he is satisfied that there is no longer any such 
failure. Until the Secretary of Labor is so satisfied, he shall make no 
further certification to the Secretary of the Treasury with respect to 
such State.''.
        (2) Conforming amendment.--Section 304(a)(2) of the Social 
    Security Act is amended by striking ``or (i)'' and inserting ``(i), 
    or (j)''.
    (b) Participation Requirement.--Section 303(a) of the Social 
Security Act is amended--
        (1) by striking the period at the end of paragraph (9) and 
    inserting ``; and'', and
        (2) by adding at the end thereof the following new paragraph:
        ``(10) A requirement that, as a condition of eligibility for 
    regular compensation for any week, any claimant who has been 
    referred to reemployment services pursuant to the profiling system 
    under subsection (j)(1)(B) participate in such services or in 
    similar services unless the State agency charged with the 
    administration of the State law determines--
            ``(A) such claimant has completed such services; or
            ``(B) there is justifiable cause for such claimant's failure 
        to participate in such services.''.
    (c) Technical Assistance.--The Secretary of Labor shall provide 
technical assistance and advice to assist the States in implementing the 
profiling system required under the amendments made by subsection (a). 
Such assistance shall include the development and identification of 
model profiling systems.
    (d) Report to Congress.--Not later than the date 3 years after the 
date of enactment of this Act, the Secretary of Labor shall report to 
the Congress on the operation and effectiveness of the profiling system 
required under the amendments made by subsection (a) and the 
participation requirement provided by the amendments made under 
subsection (b). Such report shall include such recommendations as the 
Secretary of Labor determines are appropriate.
    (e) Conforming Amendment.--Section 4 of the Emergency Unemployment 
Compensation Amendments of 1993 (Public Law 103-6) is hereby repealed.
    (f) Effective Dates.--
        (1) The amendments made by subsections (a) and (b) shall take 
    effect on the date one year after the date of the enactment of this 
    Act.
        (2) The provisions of subsections (c), (d), and (e) shall take 
    effect on the date of enactment of this Act.
SEC. 5. TECHNICAL AMENDMENT TO UNEMPLOYMENT TRUST FUND.
    Paragraph (1) of section 905(b) of the Social Security Act is 
amended to read as follows:
    ``(b)(1) Except as provided in paragraph (3), the Secretary of the 
Treasury shall transfer (as of the close of each month) from the 
employment security administration account to the extended unemployment 
compensation account established by subsection (a), an amount 
(determined by such Secretary) equal to 20 percent of the amount by 
which--
        ``(A) the transfers to the employment security administration 
    account pursuant to section 901(b)(2) during such month, exceed
        ``(B) the payments during such month from the employment 
    security administration account pursuant to section 901 (b)(3) and 
    (d).
If for any such month the payments referred to in subparagraph (B) 
exceed the transfers referred to in subparagraph (A), proper adjustments 
shall be made in the amounts subsequently transferred.''

SEC. 6. EXTENSION OF REPORTING DATE FOR ADVISORY COUNCIL.

    Section 908(f) of the Social Security Act is amended--
        (1) in paragraph (1), by striking ``2d year'' and inserting 
    ``third year''; and
        (2) in paragraph (2), by striking ``February 1, 1994'' and 
    inserting ``February 1, 1995''.
SEC. 7. TEMPORARY INCREASE IN SPONSORSHIP PERIOD FOR ALIENS UNDER THE 
SUPPLEMENTAL SECURITY INCOME PROGRAM.
    (a) Increase in Sponsorship Period.--
        (1) In general.--Section 1621 of the Social Security Act (42 
    U.S.C. 1382j) is amended by striking ``three years'' each place such 
    term appears and inserting ``5 years''.
        (2) Effective date.--The amendments made by paragraph (1) shall 
    take effect on January 1, 1994.
    (b) Reinstatement of Prior Law.--
        (1) In general.--Section 1621 of the Social Security Act (42 
    U.S.C. 1382j), as amended by subsection (a)(1) of this section, is 
    amended by striking ``5 years'' each place such term appears and 
    inserting ``3 years''.
        (2) Effective date.--The amendments made by paragraph (1) shall 
    take effect on October 1, 1996.

SEC. 8. TREATMENT OF RAILROAD WORKERS.

    (a) Extension of Program.--
        (1) In general.--Paragraphs (1) and (2) of section 501(b) of the 
    Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, 
    as amended) are each amended by striking ``October 2, 1993'' and 
    inserting ``January 1, 1994''.
        (2) Conforming amendment.--Section 501(a) of such Act is amended 
    by striking ``October 1993'' and inserting ``January 1994''.
    (b) Length of Benefits During Period of Extension.--Section 
501(d)(2)(B)(ii) of such Act is amended by striking ``on and after the 
date on which a reduction in benefits is imposed under section 
102(b)(2)(A)(iv)'' and inserting ``after October 2, 1993''.
    (c) Termination of Benefits.--Section 501(e) of such Act is 
amended--
        (1) by striking ``October 2, 1993'' and inserting ``January 1, 
    1994'', and
        (2) by striking ``January 15, 1994'' and inserting ``March 26, 
    1994''.

SEC. 9. EFFECTIVE DATES.

    (a) Repeal of Disregard of Rights to Regular Compensation.--
Notwithstanding the provisions of section 3(b) of this Act, the repeal 
made by section 3(a) of this Act shall apply to weeks of unemployment 
beginning after October 2, 1993, except that such repeal shall not apply 
in determining eligibility for emergency unemployment compensation from 
an account established before October 3, 1993.
    (b) Railroad Workers.--
        (1) In general.--Paragraphs (1) and (2) of section 501(b) of the 
    Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, 
    as amended), as amended by section 8(a)(1) of this Act, are each 
    amended by striking ``January 1, 1994'' and inserting ``February 5, 
    1994''.
        (2) Conforming amendment.--Section 501(a) of such Emergency 
    Unemployment Compensation Act of 1991, as amended by section 8(a)(2) 
    of this Act, is amended by striking ``January 1994'' and inserting 
    ``February 1994''.
        (3) Termination of benefits.--Section 501(e) of such Emergency 
    Unemployment Compensation Act of 1991, as amended by section 8(c) of 
    this Act, is amended--
            (A) by striking ``January 1, 1994'' and inserting ``February 
        5, 1994'', and
            (B) by striking ``March 26, 1994'' and inserting ``April 30, 
        1994''.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.
Unemployment Compensation Amendments of 1993 - Amends the Emergency Unemployment Compensation Act of 1991 to extend to February 5, 1994, the authorization for new claims for benefits under the emergency unemployment compensation (EUC) program.  Reduces the number of benefit weeks available during such extended period after October 2, 1993, to seven or 13, as applicable.  Modifies the final phase-out period for continuation of claims. Repeals provisions which allow certain claimants who have exhausted benefits to choose EUC benefits in lieu of regular State benefits at the beginning of a new benefit year. Amends the Social Security Act to require the State agency administering the State unemployment law to establish and use a system of worker profiling of all new claimants for regular compensation to:  (1) identify which claimants will be likely to exhaust regular compensation and will need job search assistance services; (2) refer identified claimants to reemployment services available under State or Federal law; and (3) collect follow-up information on such services and employment outcomes.  Directs the Secretary of Labor to report to the Congress on such profiling system. Makes a technical amendment to Unemployment Trust Fund provisions. Extends a reporting date for an advisory council on unemployment compensation. Provides for a temporary increase in the sponsorship period for aliens under the supplemental security income program. Provides for an extension of the program of emergency unemployment compensation benefits for railroad workers.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Efficient and Environmentally 
Friendly Automobile Tax Credit Act of 2008''.

SEC. 2. CREDIT FOR REPLACING AN AUTOMOBILE WITH A MORE FUEL-EFFICIENT 
              AUTOMOBILE.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting after 
section 30C the following new section:

``SEC. 30D. CREDIT FOR REPLACING AN AUTOMOBILE WITH A MORE FUEL-
              EFFICIENT AUTOMOBILE.

    ``(a) In General.--In the case of an eligible purchase by an 
eligible taxpayer of a passenger automobile, there shall be allowed as 
a credit against the tax imposed by this chapter an amount equal to the 
lesser of--
            ``(1) the cost of the passenger automobile, or
            ``(2) $2,000.
    ``(b) Eligible Purchase.--For purposes of this section--
            ``(1) In general.--The term `eligible purchase' means any 
        purchase of a passenger automobile if--
                    ``(A) the taxpayer sells another passenger 
                automobile within a reasonable period surrounding such 
                purchase, and
                    ``(B) the average fuel economy of the purchased 
                automobile is at least 20 percent better than the 
                average fuel economy of the sold automobile.
            ``(2) Passenger automobile.--The term `passenger 
        automobile' has the meaning given such term in regulations 
        prescribed by the Administrator of the Environmental Protection 
        Agency for purposes of the administration of title II of the 
        Clean Air Act (42 U.S.C. 7521 et seq.). Such term includes a 
        light truck (within the meaning of such regulations).
            ``(3) Fuel economy.--Average fuel economy shall be 
        determined as provided in section 30B(h)(2).
    ``(c) Eligible Taxpayer.--For purposes of this section--
            ``(1) In general.--The term `eligible taxpayer' means--
                    ``(A) any individual, and
                    ``(B) any qualified business.
            ``(2) Qualified business.--The term `qualified business' 
        means any sole proprietorship, partnership, or corporation if--
                    ``(A) at least 40 percent of its total gross income 
                for the taxable year is derived from the active conduct 
                of transporting persons or property for hire, and
                    ``(B) in the case of a partnership or corporation, 
                all of the equity interests in which are held by 1 
                individual.
            ``(3) Aggregation rules.--All persons treated as a single 
        employer under subsection (a) or (b) of section 52, or 
        subsection (m) or (o) of section 414, shall be treated as 1 
        person for purposes of paragraph (2).
    ``(d) Application With Other Credits.--
            ``(1) Business credit treated as part of general business 
        credit.--So much of the credit which would be allowed under 
        subsection (a) for any taxable year (determined without regard 
        to this subsection) that is attributable to property of a 
        character subject to an allowance for depreciation shall be 
        treated as a credit listed in section 38(b) for such taxable 
        year (and not allowed under subsection (a)).
            ``(2) Personal credit.--The credit allowed under subsection 
        (a) (after the application of paragraph (1)) for any taxable 
        year shall not exceed the excess (if any) of--
                    ``(A) the regular tax liability (as defined in 
                section 26(b)) reduced by the sum of the credits 
                allowable under subpart A and sections 27, 30, 30B, and 
                30C, over
                    ``(B) the tentative minimum tax for the taxable 
                year.
    ``(e) Special Rules.--
            ``(1) Exception for business vehicles.--Except in the case 
        of a qualified business, subsection (a) shall apply only to 
        passenger automobiles substantially all of the use of which is 
        for personal, nonbusiness purposes.
            ``(2) Limitation on vehicles being replaced.--Except in the 
        case of a qualified business, subsection (b)(1)(A) shall apply 
        only to passenger vehicles which were substantially and 
        regularly used by the taxpayer for personal, nonbusiness 
        purposes.
            ``(3) Basis reduction.--The basis of any passenger 
        automobile for which credit is allowed under subsection (a) 
        shall be reduced by the amount of such credit.''.
    (b) Technical Amendments.--
            (1) Section 38(b) of such Code is amended by striking 
        ``plus'' at the end of paragraph (31), by striking the period 
        at the end of paragraph (32) and inserting ``, plus'', and by 
        adding at the end the following new paragraph:
            ``(33) the portion of the credit under section 30D 
        (relating to credit for replacing an automobile with a more 
        fuel-efficient automobile) to which section 30D(d)(1) 
        applies.''.
            (2) Section 55(c)(2) of such Code is amended by inserting 
        ``30D(d)(2),'' after ``30C(d)(2),''.
            (3) The table of sections for subpart B of part IV of 
        subchapter A of chapter 1 of such Code is amended by inserting 
        after the item relating to section 30C the following new item:

``Sec. 30D. Credit for replacing an automobile with a more fuel-
                            efficient automobile.''.

SEC. 3. DEDUCTION FOR STATE AND LOCAL TAXES IMPOSED ON PURCHASE OF MORE 
              FUEL-EFFICIENT AUTOMOBILES.

    Subsection (a) of section 165 of the Internal Revenue Code of 1986 
(relating to deduction for taxes) is amended by adding at the end the 
following new paragraph:
            ``(6) State and local taxes imposed on the purchase of any 
        passenger automobile (as defined in section 30D(b)(2)) for 
        which credit is allowed to the taxpayer under section 30D.''.

SEC. 4. DEDUCTION FOR INTEREST ON LOANS USED TO PURCHASE MORE FUEL-
              EFFICIENT AUTOMOBILES.

    Paragraph (2) of section 163(h) of the Internal Revenue Code of 
1986 (defining personal interest) is amended by striking ``and'' at the 
end of subparagraph (E), by striking the period at the end of 
subparagraph (F) and inserting ``, and'', and by adding at the end the 
following new subparagraph:
                    ``(G) any interest paid or accrued on indebtedness 
                incurred to purchase a passenger automobile (as defined 
                in section 30D(b)(2)) for which credit is allowed to 
                the taxpayer under section 30D.''.

SEC. 5. EFFECTIVE DATE.

    The amendment made by this Act shall apply vehicles purchased after 
the date of the enactment of this Act in taxable years ending after 
such date.

Energy Efficient and Environmentally Friendly Automobile Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow individual and business taxpayers: (1) a tax credit for up to $2,000 of the cost of replacing a passenger automobile with another passenger automobile that is at least 20% more fuel efficient; and (2) tax deductions for state and local taxes and loan interest for the replacement automobile.