Secure America and Orderly Immigration Act - Requires the Secretary of Homeland Security to develop and implement a National Strategy for Border Security and other specified border security programs.
Authorizes the Secretary to establish a Border Security Advisory Committee.
Requires the Secretary of State to provide a framework for security coordination between the governments of North America.
Amends the Immigration and Nationality Act (INA) to: (1) authorize appropriations through FY2011 for the State Criminal Alien Assistance Program; and (2) reimburse states for pre-conviction costs.
Amends the Immigration Reform and Control Act of 1986 to authorize additional funding through FY2011 to reimburse states for indirect costs of incarcerating undocumented aliens.
Establishes: (1) an H-5A essential worker visa program for low-skilled workers; (2) a mechanism for subsequent adjustment of status; and (3) an Essential Worker Visa Program Task Force.
Addresses document security. Requires the Commissioner of Social Security to create a new Employment Eligibility Confirmation System.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to address the collection of arrival and departure information.
Broadens the Department of Labor's investigative authority under INA.
Authorizes the Secretary of State to enter into an agreement with foreign governments whose citizens participate in the H-5A program to establish a labor migration facilitation program.
Exempts immediate relatives of U.S. citizens from the annual cap on family-sponsored immigrant visas. Increases numerical limits for specified visas.
Authorizes H-5B nonimmigrant status for undocumented aliens present in the United States on the date of this Act's introduction who meet specified requirements and pay a fine. Provides a mechanism for subsequent adjustment of status.
Defines "authorized representative" for immigration purposes. Makes alien victims of fraud perpetrated by unauthorized representatives eligible for U (victims of certain crimes) nonimmigrant status.
Authorizes the Secretary to establish the U.S. Citizenship Foundation. Requires the Secretary to establish a competitive grant program to address civic integration.
Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to extend authorization of Federal reimbursement for hospitals that provide emergency care to undocumented immigrants.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1033 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1033
To improve border security and immigration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2005
Mr. McCain (for himself, Mr. Kennedy, Mr. Brownback, Mr. Lieberman, Mr.
Graham, and Mr. Salazar) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To improve border security and immigration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Secure America and
Orderly Immigration Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--BORDER SECURITY
Sec. 101. Definitions.
Subtitle A--Border security strategic planning
Sec. 111. National Strategy for Border Security.
Sec. 112. Reports to Congress.
Sec. 113. Authorization of appropriations.
Subtitle B--Border infrastructure, technology integration, and security
enhancement
Sec. 121. Border security coordination plan.
Sec. 122. Border security advisory committee.
Sec. 123. Programs on the use of technologies for border security.
Sec. 124. Combating human smuggling.
Sec. 125. Savings clause.
Subtitle C--International Border Enforcement
Sec. 131. North American Security Initiative.
Sec. 132. Information sharing agreements.
Sec. 133. Improving the security of Mexico's southern border.
TITLE II--STATE CRIMINAL ALIEN ASSISTANCE
Sec. 201. State criminal alien assistance program authorization of
appropriations.
Sec. 202. Reimbursement of States for indirect costs relating to the
incarceration of illegal aliens.
Sec. 203. Reimbursement of States for pre-conviction costs relating to
the incarceration of illegal aliens.
TITLE III--ESSENTIAL WORKER VISA PROGRAM
Sec. 301. Essential workers.
Sec. 302. Admission of essential workers.
Sec. 303. Employer obligations.
Sec. 304. Protection for workers.
Sec. 305. Market-based numerical limitations.
Sec. 306. Adjustment to lawful permanent resident status.
Sec. 307. Essential Worker Visa Program Task Force.
Sec. 308. Willing worker-willing employer electronic job registry.
Sec. 309. Authorization of appropriations.
TITLE IV--ENFORCEMENT
Sec. 401. Document and visa requirements.
Sec. 402. Employment Eligibility Confirmation System.
Sec. 403. Improved entry and exit data system.
Sec. 404. Department of labor investigative authorities.
Sec. 405. Protection of employment rights.
Sec. 406. Increased fines for prohibited behavior.
TITLE V--PROMOTING CIRCULAR MIGRATION PATTERNS
Sec. 501. Labor migration facilitation programs.
Sec. 502. Bilateral efforts with Mexico to reduce migration pressures
and costs.
TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION
Sec. 601. Elimination of existing backlogs.
Sec. 602. Country limits.
Sec. 603. Allocation of immigrant visas.
Sec. 604. Relief for children and widows.
Sec. 605. Amending the affidavit of support requirements.
Sec. 606. Discretionary authority.
Sec. 607. Family unity.
TITLE VII--H-5B NONIMMIGRANTS
Sec. 701. H-5B nonimmigrants.
Sec. 702. Adjustment of status for H-5B nonimmigrants.
Sec. 703. Aliens not subject to direct numerical limitations.
Sec. 704. Employer protections.
Sec. 705. Authorization of appropriations.
TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD
Sec. 801. Right to qualified representation.
Sec. 802. Protection of witness testimony.
TITLE IX--CIVICS INTEGRATION
Sec. 901. Funding for the Office of Citizenship.
Sec. 902. Civics integration grant program.
TITLE X--PROMOTING ACCESS TO HEALTH CARE
Sec. 1001. Federal reimbursement of emergency health services furnished
to undocumented aliens.
Sec. 1002. Prohibition against offset of certain Medicare and Medicaid
payments.
Sec. 1003. Prohibition against discrimination against aliens on the
basis of employment in hospital-based
versus nonhospital-based sites.
Sec. 1004. Binational public health infrastructure and health
insurance.
TITLE XI--MISCELLANEOUS
Sec. 1101. Submission to Congress of information regarding H-5A
nonimmigrants.
Sec. 1102. H-5 nonimmigrant petitioner account.
Sec. 1103. Anti-discrimination protections.
Sec. 1104. Women and children at risk of harm.
Sec. 1105. Expansion of S visa.
Sec. 1106. Volunteers.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Government of the United States has an obligation
to its citizens to secure its borders and ensure the rule of
law in its communities.
(2) The Government of the United States must strengthen
international border security efforts by dedicating adequate
and significant resources for technology, personnel, and
training for border region enforcement.
(3) Federal immigration policies must adhere to the United
States tradition as a nation of immigrants and reaffirm this
Nation's commitment to family unity, economic opportunity, and
humane treatment.
(4) Immigrants have contributed significantly to the
strength and economic prosperity of the United States and
action must be taken to ensure their fair treatment by
employers and protection against fraud and abuse.
(5) Current immigration laws and the enforcement of such
laws are ineffective and do not serve the people of the United
States, the national security interests of the United States,
or the economic prosperity of the United States.
(6) The United States cannot effectively carry out its
national security policies unless the United States identifies
undocumented immigrants and encourages them to come forward and
participate legally in the economy of the United States.
(7) Illegal immigration fosters other illegal activity,
including human smuggling, trafficking, and document fraud, all
of which undermine the national security interests of the
United States.
(8) Illegal immigration burdens States and local
communities with hundreds of millions of dollars in
uncompensated expenses for law enforcement, health care, and
other essential services.
(9) Illegal immigration creates an underclass of workers
who are vulnerable to fraud and exploitation.
(10) Fixing the broken immigration system requires a
comprehensive approach that provides for adequate legal
channels for immigration and strong enforcement of immigration
laws which will serve the economic, social, and security
interests of the United States.
(11) Foreign governments, particularly those that share an
international border with the United States, must play a
critical role in securing international borders and deterring
illegal entry of foreign nationals into the United States.
(12) Federal immigration policy should foster economic
growth by allowing willing workers to be matched with willing
employers when no United States worker is available to take a
job.
(13) Immigration reform is a key component to achieving
effective enforcement and will allow for the best use of
security and enforcement resources to be focused on the
greatest risks.
(14) Comprehensive immigration reform and strong
enforcement of immigration laws will encourage legal
immigration, deter illegal immigration, and promote the
economic and national security interests of the United States.
TITLE I--BORDER SECURITY
SEC. 101. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives; and
(D) the Committee on the Judiciary of the House of
Representatives.
(2) International border of the united states.--The term
``international border of the United States'' means the
international border between the United States and Canada and
the international border between the United States and Mexico,
including points of entry along such international borders.
(3) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
(4) Security plan.--The term ``security plan'' means a
security plan developed as part of the National Strategy for
Border Security set forth under section 111(a) for the Border
Patrol and the field offices of the Bureau of Customs and
Border Protection of the Department of Homeland Security that
has responsibility for the security of any portion of the
international border of the United States.
Subtitle A--Border Security Strategic Planning
SEC. 111. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) In General.--In conjunction with strategic homeland security
planning efforts, the Secretary shall develop, implement, and update,
as needed, a National Strategy for Border Security that includes a
security plan for the Border Patrol and the field offices of the Bureau
of Customs and Border Protection of the Department of Homeland Security
that has responsibility for the security of any portion of the
international border of the United States.
(b) Contents.--The National Strategy for Border Security shall
include--
(1) the identification and evaluation of the points of
entry and all portions of the international border of the
United States that, in the interests of national security and
enforcement, must be protected from illegal transit;
(2) a description of the most appropriate, practical, and
cost-effective means of defending the international border of
the United States against threats to security and illegal
transit, including intelligence capacities, technology,
equipment, personnel, and training needed to address security
vulnerabilities within the United States for the Border Patrol
and the field offices of the Bureau of Customs and Border
Protection that have responsibility for any portion of the
international border of the United States;
(3) risk-based priorities for assuring border security and
realistic deadlines for addressing security and enforcement
needs identified in paragraphs (1) and (2);
(4) a strategic plan that sets out agreed upon roles and
missions of Federal, State, regional, local, and tribal
authorities, including appropriate coordination among such
authorities, to enable security enforcement and border lands
management to be carried out in an efficient and effective
manner;
(5) a prioritization of research and development objectives
to enhance the security of the international border of the
United States and enforcement needs to promote such security
consistent with the provisions of subtitle B;
(6) an update of the 2001 Port of Entry Infrastructure
Assessment Study conducted by the United States Customs
Service, in consultation with the General Services
Administration;
(7) strategic interior enforcement coordination plans with
personnel of Immigration and Customs Enforcement;
(8) strategic enforcement coordination plans with overseas
personnel of the Department of Homeland Security and the
Department of State to end human smuggling and trafficking
activities;
(9) any other infrastructure or security plan or report
that the Secretary determines appropriate for inclusion;
(10) the identification of low-risk travelers and how such
identification would facilitate cross-border travel; and
(11) ways to ensure that the trade and commerce of the
United States is not diminished by efforts, activities, and
programs aimed at securing the homeland.
(c) Priority of National Strategy.--The National Strategy for
Border Security shall be the governing document for Federal security
and enforcement efforts related to securing the international border of
the United States.
SEC. 112. REPORTS TO CONGRESS.
(a) National Strategy.--
(1) Initial submission.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit the
National Strategy for Border Security, including each security
plan, to the appropriate congressional committees. Such plans
shall include estimated costs of implementation and training
from a fiscal and personnel perspective and a cost-benefit
analysis of any technological security implementations.
(2) Subsequent submissions.--After the submission required
under paragraph (1), the Secretary shall submit to the
appropriate congressional committees any revisions to the
National Strategy for Border Security, including any revisions
to a security plan, not less frequently than April 1 of each
odd-numbered year. The plan shall include estimated costs for
implementation and training and a cost-benefit analysis of
technological security implementations that take place during
the time frame under evaluation.
(b) Periodic Progress Reports.--
(1) Requirement for report.--Each year, in conjunction with
the submission of the budget to Congress under section 1105(a)
of title 31, United States Code, the Secretary shall submit to
the appropriate congressional committees an assessment of the
progress made on implementing the National Strategy for Border
Security, including each security plan.
(2) Content.--Each progress report submitted under this
subsection shall include any recommendations for improving and
implementing the National Strategy for Border Security,
including any recommendations for improving and implementing a
security plan.
(c) Classified Material.--
(1) In general.--Any material included in the National
Strategy for Border Security, including each security plan,
that includes information that is properly classified under
criteria established by Executive order shall be submitted to
the appropriate congressional committees in a classified form.
(2) Unclassified version.--As appropriate, an unclassified
version of the material described in paragraph (1) shall be
provided to the appropriate congressional committees.
SEC. 113. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to carry out this subtitle for each of the 5 fiscal
years beginning with the fiscal year after the fiscal year in which
this Act was enacted.
Subtitle B--Border Infrastructure, Technology Integration, and Security
Enhancement
SEC. 121. BORDER SECURITY COORDINATION PLAN.
(a) In General.--The Secretary shall coordinate with Federal,
State, local, and tribal authorities on law enforcement, emergency
response, and security-related responsibilities with regard to the
international border of the United States to develop and implement a
plan to ensure that the security of such international border is not
compromised--
(1) when the jurisdiction for providing such security
changes from one such authority to another such authority;
(2) in areas where such jurisdiction is shared by more than
one such authority; or
(3) by one such authority relinquishing such jurisdiction
to another such authority pursuant to a memorandum of
understanding.
(b) Elements of Plan.--In developing the plan, the Secretary shall
consider methods to--
(1) coordinate emergency responses;
(2) improve data-sharing, communications, and technology
among the appropriate agencies;
(3) promote research and development relating to the
activities described in paragraphs (1) and (2); and
(4) combine personnel and resource assets when practicable.
(c) Report.--Not later than 1 year after implementing the plan
developed under subsection (a), the Secretary shall transmit a report
to the appropriate congressional committees on the development and
implementation of such plan.
SEC. 122. BORDER SECURITY ADVISORY COMMITTEE.
(a) Establishment.--The Secretary is authorized to establish a
Border Security Advisory Committee (referred to in this section as the
``Advisory Committee'') to provide advice and recommendations to the
Secretary on border security and enforcement issues.
(b) Composition.--
(1) In general.--The members of the Advisory Committee
shall be appointed by the Secretary and shall include
representatives of--
(A) States that are adjacent to the international
border of the United States;
(B) local law enforcement agencies; community
officials, and tribal authorities of such States; and
(C) other interested parties.
(2) Membership.--The Advisory Committee shall be comprised
of members who represent a broad cross section of perspectives.
SEC. 123. PROGRAMS ON THE USE OF TECHNOLOGIES FOR BORDER SECURITY.
(a) Aerial Surveillance Technologies Program.--
(1) In general.--In conjunction with the border
surveillance plan developed under section 5201 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458), the Secretary, not later than 60 days
after the date of enactment of this Act, shall develop and
implement a program to fully integrate aerial surveillance
technologies to enhance the border security of the United
States.
(2) Assessment and consultation requirements.--In
developing the program under this subsection, the Secretary
shall--
(A) consider current and proposed aerial
surveillance technologies;
(B) assess the feasibility and advisability of
utilizing such technologies to address border threats,
including an assessment of the technologies considered
best suited to address respective threats;
(C) consult with the Secretary of Defense regarding
any technologies or equipment, which the Secretary may
deploy along the international border of the United
States; and
(D) consult with the Administrator of the Federal
Aviation Administration regarding safety, airspace
coordination and regulation, and any other issues
necessary for implementation of the program.
(3) Additional requirements.--
(A) In general.--The program developed under this
subsection shall include the utilization of a variety
of aerial surveillance technologies in a variety of
topographies and areas, including populated and
unpopulated areas located on or near the international
border of the United States, in order to evaluate, for
a range of circumstances--
(i) the significance of previous
experiences with such technologies in border
security or critical infrastructure protection;
(ii) the cost and effectiveness of various
technologies for border security, including
varying levels of technical complexity; and
(iii) liability, safety, and privacy
concerns relating to the utilization of such
technologies for border security.
(B) Use of unmanned aerial vehicles.--The aerial
surveillance technologies utilized in the program shall
include unmanned aerial vehicles.
(4) Continued use of aerial surveillance technologies.--The
Secretary may continue the operation of aerial surveillance
technologies while assessing the effectiveness of their
utilization and until such time the Secretary determines
appropriate.
(5) Report.--
(A) Requirement.--Not later than 1 year after
implementing the program under this subsection, the
Secretary shall submit a report on such program to the
appropriate congressional committees.
(B) Content.--The Secretary shall include in the
report required by subparagraph (A) a description of
the program together with such recommendations as the
Secretary finds appropriate for enhancing the program.
(b) Demonstration Programs.--The Secretary is authorized, as part
of the development and implementation of the National Strategy for
Border Security, to establish and carry out demonstration programs to
strengthen communication, information sharing, technology, security,
intelligence benefits, and enforcement activities that will protect the
international border of the United States without diminishing
international trade and commerce.
(c) INSERT CONTINUED USE OF GROUND SURVEILLANCE TECHNOLOGIES.--
SEC. 124. COMBATING HUMAN SMUGGLING.
(a) Requirement for Plan.--The Secretary shall develop and
implement a plan to improve coordination between the Bureau of
Immigration and Customs Enforcement and the Bureau of Customs and
Border Protection of the Department of Homeland Security and any other
Federal, State, local, or tribal authorities, as determined appropriate
by the Secretary, to improve coordination efforts to combat human
smuggling.
(b) Content.--In developing the plan required by subsection (a),
the Secretary shall consider--
(1) the interoperability of databases utilized to prevent
human smuggling;
(2) adequate and effective personnel training;
(3) methods and programs to effectively target networks
that engage in such smuggling;
(4) effective utilization of--
(A) visas for victims of trafficking and other
crimes; and
(B) investigatory techniques, equipment, and
procedures that prevent, detect, and prosecute
international money laundering and other operations
that are utilized in smuggling;
(5) joint measures, with the Secretary of State, to enhance
intelligence sharing and cooperation with foreign governments
whose citizens are preyed on by human smugglers; and
(6) other measures that the Secretary considers appropriate
to combating human smuggling.
(c) Report.--Not later than 1 year after implementing the plan
described in subsection (a), the Secretary shall submit to Congress a
report on such plan, including any recommendations for legislative
action to improve efforts to combating human smuggling.
SEC. 125. SAVINGS CLAUSE.
Nothing in this subtitle or subtitle A may be construed to provide
to any State or local entity any additional authority to enforce
Federal immigration laws.
Subtitle C--International Border Enforcement
SEC. 131. NORTH AMERICAN SECURITY INITIATIVE.
(a) In General.--The Secretary of State shall enhance the mutual
security and safety of the United States, Canada, and Mexico by
providing a framework for better management, communication, and
coordination between the Governments of North America.
(b) Responsibilities.--In implementing the provisions of this
subtitle, the Secretary of State shall carry out all of the activities
described in this subtitle.
SEC. 132. INFORMATION SHARING AGREEMENTS.
The Secretary of State, in coordination with the Secretary of
Homeland Security and the Government of Mexico, is authorized to
negotiate an agreement with Mexico to--
(1) cooperate in the screening of third-country nationals
using Mexico as a transit corridor for entry into the United
States; and
(2) provide technical assistance to support stronger
immigration control at the border with Mexico.
SEC. 133. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.
(a) Technical Assistance.--The Secretary of State, in coordination
with the Secretary of Homeland Security, the Canadian Department of
Foreign Affairs, and the Government of Mexico, shall establish a
program to--
(1) assess the specific needs of the governments of Central
American countries in maintaining the security of the borders
of such countries;
(2) use the assessment made under paragraph (1) to
determine the financial and technical support needed by the
governments of Central American countries from Canada, Mexico,
and the United States to meet such needs;
(3) provide technical assistance to the governments of
Central American countries to secure issuance of passports and
travel documents by such countries; and
(4) encourage the governments of Central American countries
to--
(A) control alien smuggling and trafficking;
(B) prevent the use and manufacture of fraudulent
travel documents; and
(C) share relevant information with Mexico, Canada,
and the United States.
(b) Immigration.--The Secretary of Homeland Security, in
consultation with the Secretary of State and appropriate officials of
the governments of Central American countries shall provide robust law
enforcement assistance to such governments that specifically addresses
migratory issues to increase the ability of such governments to
dismantle human smuggling organizations and gain tighter control over
the border.
(c) Border Security Between Mexico and Guatemala or Belize.--The
Secretary of State, in consultation with the Secretary of Homeland
Security, the Government of Mexico, and appropriate officials of the
Governments of Guatemala, Belize, and neighboring contiguous countries,
shall establish a program to provide needed equipment, technical
assistance, and vehicles to manage, regulate, and patrol the
international border between Mexico and Guatemala and between Mexico
and Belize.
(d) Tracking Central American Gangs.--The Secretary of State, in
coordination with the Secretary of Homeland Security, the Director of
the Federal Bureau of Investigation, the Government of Mexico, and
appropriate officials of the governments of Central American countries,
shall--
(1) assess the direct and indirect impact on the United
States and Central America on deporting violent criminal
aliens;
(2) establish a program and database to track Central
American gang activities, focusing on the identification of
returning criminal deportees;
(3) devise an agreed-upon mechanism for notification
applied prior to deportation and for support for reintegration
of these deportees; and
(4) devise an agreement to share all relevant information
with the appropriate agencies of Mexico and other Central
American countries.
TITLE II--STATE CRIMINAL ALIEN ASSISTANCE
SEC. 201. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM AUTHORIZATION OF
APPROPRIATIONS.
Section 241(i) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) is amended by striking paragraphs (5) and (6) and inserting
the following:
``(5) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection--
``(i) such sums as may be necessary for
fiscal year 2005;
``(ii) $750,000,000 for fiscal year 2006;
``(iii) $850,000,000 for fiscal year 2007;
and
``(iv) $950,000,000 for each of the fiscal
years 2008 through 2011.
``(B) Limitation on use of funds.--Amounts
appropriated pursuant to subparagraph (A) that are
distributed to a State or political subdivision of a
State, including a municipality, may be used only for
correctional purposes.''.
SEC. 202. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING TO THE
INCARCERATION OF ILLEGAL ALIENS.
Section 501 of the Immigration Reform and Control Act of 1986 (8
U.S.C. 1365) is amended--
(1) in subsection (a)--
(A) by striking ``for the costs'' and inserting the
following: ``for--
``(1) the costs''; and
(B) by striking ``such State.'' and inserting the
following: ``such State; and
``(2) the indirect costs related to the imprisonment
described in paragraph (1).''; and
(2) by striking subsections (c) through (e) and inserting
the following:
``(c) Manner of Allotment of Reimbursements.--Reimbursements under
this section shall be allotted in a manner that gives special
consideration for any State that--
``(1) shares a border with Mexico or Canada; or
``(2) includes within the State an area in which a large
number of undocumented aliens reside relative to the general
population of that area.
``(d) Definitions.--As used in this section:
``(1) Indirect costs.--The term `indirect costs' includes--
``(A) court costs, county attorney costs, detention
costs, and criminal proceedings expenditures that do
not involve going to trial;
``(B) indigent defense costs; and
``(C) unsupervised probation costs.
``(2) State.--The term `State' has the meaning given such
term in section 101(a)(36) of the Immigration and Nationality
Act.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 for each of the fiscal years 2005 through
2011 to carry out subsection (a)(2).''.
SEC. 203. REIMBURSEMENT OF STATES FOR PRE-CONVICTION COSTS RELATING TO
THE INCARCERATION OF ILLEGAL ALIENS.
Section 241(i)(3)(A) of the Immigration and Nationality Act (8
U.S.C. 1231(i)(3)(a) is amended by inserting ``charged with or'' before
``convicted.''
TITLE III--ESSENTIAL WORKER VISA PROGRAM
SEC. 301. ESSENTIAL WORKERS.
Section 101(a)(15)(H) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)) is amended--
(1) by striking ``(H) an alien (i)(b)'' and inserting the
following:
``(H) an alien--
``(i)(b)'';
(2) by striking ``or (ii)(a)'' and inserting the following:
``(ii)(a)'';
(3) by striking ``or (iii)'' and inserting the following:
``(iii)''; and
(4) by adding at the end the following:
``(v)(a) subject to section 218A, having
residence in a foreign country, which the alien
has no intention of abandoning, who is coming
temporarily to the United States to initially
perform labor or services (other than those
occupation classifications covered under the
provisions of clause (i)(b) or (ii)(a) or
subparagraph (L), (O), (P), or (R)); or.''.
SEC. 302. ADMISSION OF ESSENTIAL WORKERS.
(a) In General.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after
section 218 the following:
``admission of temporary h-5a workers
``Sec. 218A. (a) The Secretary of State may grant a temporary visa
to a nonimmigrant described in section 101(a)(15)(H)(v)(a) who
demonstrates an intent to perform labor or services in the United
States (other than those occupational classifications covered under the
provisions of clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or
subparagraph (L), (O), (P), or (R)) of section 101(a)(15).
``(b) Requirements for Admission.--In order to be eligible for
nonimmigrant status under section 101(a)(15)(H)(v)(a), an alien shall
meet the following requirements:
``(1) Eligibility to work.--The alien shall establish that
the alien is capable of performing the labor or services
required for an occupation under section 101(a)(15)(H)(v).
``(2) Evidence of employment.--The alien's evidence of
employment shall be provided through the Employment Eligibility
Confirmation System established under section 274E or in
accordance with requirements issued by the Secretary of State,
in consultation with the Secretary of Homeland Security. In
carrying out this paragraph, the Secretary may consider
evidence from employers, employer associations, and labor
representatives.
``(3) Fee.--The alien shall pay a $500 application fee to
apply for the visa in addition to the cost of processing and
adjudicating such application. Nothing in this paragraph shall
be construed to affect consular procedures for charging
reciprocal fees.
``(4) Medical examination.--The alien shall undergo a
medical examination (including a determination of immunization
status) at the alien's expense, that conforms to generally
accepted standards of medical practice.
``(c) Grounds of Inadmissibility.--
``(1) In general.--In determining an alien's admissibility
as a nonimmigrant under section 101(a)(15)(H)(v)(a)--
``(A) paragraphs (5), (6) (except for subparagraph
(E)), (7), (9), and (10)(B) of section 212(a) may be
waived for conduct that occurred before the date on
which the Secure America and Orderly Immigration Act
was introduced;
``(B) the Secretary of Homeland Security may not
waive--
``(i) subparagraph (A), (B), (C), (E), (G),
(H), or (I) of section 212(a)(2) (relating to
criminals);
``(ii) section 212(a)(3) (relating to
security and related grounds); or
``(iii) subparagraph (A) or (C) of section
212(a)(10) (relating to polygamists and child
abductors);
``(C) for conduct that occurred before the date on
which the Secure America and Orderly Immigration Act
was introduced, the Secretary of Homeland Security may
waive the application of any provision of section
212(a) not listed in subparagraph (B) on behalf of an
individual alien for humanitarian purposes, to ensure
family unity, or when such waiver is otherwise in the
public interest; and
``(D) nothing in this paragraph shall be construed
as affecting the authority of the Secretary of Homeland
Security to waive the provisions of section 212(a).
``(2) Waiver fine.--An alien who is granted a waiver under
subparagraph (1) shall pay a $1,500 fine upon approval of the
alien's visa application.
``(3) Applicability of other provisions.--Sections 240B(d)
and 241(a)(5) shall not apply to an alien who initially seeks
admission as a nonimmigrant under section 101(a)(15)(H)(v)(a).
``(4) Renewal of authorized admission and subsequent
admissions.--An alien seeking renewal of authorized admission
or subsequent admission as a nonimmigrant under section
101(a)(15)(H)(v)(a) shall establish that the alien is not
inadmissible under section 212(a).
``(d) Period of Authorized Admission.--
``(1) Initial period.--The initial period of authorized
admission as a nonimmigrant described in section
101(a)(15)(H)(v)(a) shall be 3 years.
``(2) Renewals.--The alien may seek an extension of the
period described in paragraph (1) for 1 additional 3-year
period.
``(3) Loss of employment.--
``(A) In general.--Subject to subsection (c), the
period of authorized admission of a nonimmigrant alien
under section 101(a)(15)(H)(v)(a) shall terminate if
the nonimmigrant is unemployed for 45 or more
consecutive days.
``(B) Return to foreign residence.--Any alien whose
period of authorized admission terminates under
subparagraph (A) shall be required to return to the
country of the alien's nationality or last residence.
``(C) Period of visa validity.--Any alien, whose
period of authorized admission terminates under
subparagraph (A), who returns to the country of the
alien's nationality or last residence under
subparagraph (B), may reenter the United States on the
basis of the same visa to work for an employer, if the
alien has complied with the requirements of subsection
(b)(1).
``(4) Visits outside united states.--
``(A) In general.--Under regulations established by
the Secretary of Homeland Security, a nonimmigrant
alien under section 101(a)(15)(H)(v)(a)--
``(i) may travel outside of the United
States; and
``(ii) may be readmitted without having to
obtain a new visa if the period of authorized
admission has not expired.
``(B) Effect on period of authorized admission.--
Time spent outside the United States under subparagraph
(A) shall not extend the period of authorized admission
in the United States.
``(e) Portability.--A nonimmigrant alien described in this section,
who was previously issued a visa or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(v)(a), may accept new employment
with a subsequent employer.
``(f) Waiver of Rights Prohibited.--A nonimmigrant alien described
in section 101(a)(15)(H)(v)(a) may not be required to waive any rights
or protections under the Secure America and Orderly Immigration Act.
``(g) Change of Address.--An alien having nonimmigrant status
described in section 101(a)(15)(H)(v)(a) shall comply by either
electronic or paper notification with the change of address reporting
requirements under section 265.
``(h) Bar to Future Visas for Violations.--
``(1) In general.--Any alien having the nonimmigrant status
described in section 101(a)(15)(H)(v)(a) shall not be eligible
to renew such nonimmigrant status if the alien willfully
violates any material term or condition of such status.
``(2) Waiver.--The alien may apply for a waiver of the
application of subparagraph (A) for technical violations,
inadvertent errors, or violations for which the alien was not
at fault.
``(i) Collection of Fees.--All fees collected under this section
shall be deposited in the Treasury in accordance with section
286(w).''.
(b) Conforming Amendment Regarding Presumption of Nonimmigrant
Status.--Section 214(b) of the Immigration and Nationality Act (8
U.S.C. 1184(b)) is amended by inserting ``(H)(v)(a),'' after
``(H)(i),''.
(c) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 218 the following:
``Sec. 218A. Admission of temporary H-5A workers.''.
SEC. 303. EMPLOYER OBLIGATIONS.
Employers employing a nonimmigrant described in section
101(a)(15)(H)(v)(a) of the Immigration and Nationality Act, as added by
section 301, shall comply with all applicable Federal, State, and local
laws, including--
(1) laws affecting migrant and seasonal agricultural
workers; and
(2) the requirements under section 274E of such Act, as
added by section 402.
SEC. 304. PROTECTION FOR WORKERS.
Section 218A of the Immigration and Nationality Act, as added by
section 302, is amended by adding at the end the following:
``(h) Application of Labor and Other Laws.--
``(1) Definitions.--As used in this subsection and in
subsections (i) through (k):
``(A) Employ; employee; employer.--The terms
`employ', `employee', and `employer' have the meanings
given such terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
``(B) Foreign labor contractor.--The term `foreign
labor contractor' means any person who for any
compensation or other valuable consideration paid or
promised to be paid, performs any foreign labor
contracting activity.
``(C) Foreign labor contracting activity.--The term
`foreign labor contracting activity' means recruiting,
soliciting, hiring, employing, or furnishing, an
individual who resides outside of the United States for
employment in the United States as a nonimmigrant alien
described in section 101(a)(15)(H)(v)(a).
``(2) Coverage.--Notwithstanding any other provision of
law--
``(A) a nonimmigrant alien described in section
101(a)(15)(H)(v)(a) is prohibited from being treated as
an independent contractor; and
``(B) no person may treat a nonimmigrant alien
described in section 101(a)(15)(H)(v)(a) as an
independent contractor.
``(3) Applicability of laws.--A nonimmigrant alien
described in section 101(a)(15)(H)(v)(a) shall not be denied
any right or any remedy under Federal, State, or local labor or
employment law that would be applicable to a United States
worker employed in a similar position with the employer because
of the alien's status as a nonimmigrant worker.
``(4) Tax responsibilities.--With respect to each employed
nonimmigrant alien described in section 101(a)(15)(H)(v)(a), an
employer shall comply with all applicable Federal, State, and
local tax and revenue laws.
``(5) Nondiscrimination in employment.--An employer shall
provide nonimmigrants issued a visa under this section with the
same wages, benefits, and working conditions that are provided
by the employer to United States workers similarly employed in
the same occupation and the same place of employment.
``(6) No replacement of striking employees.--An employer
may not hire a nonimmigrant alien described in section
101(a)(15)(H)(v)(a) as a replacement worker if there is a
strike or lockout in the course of a labor dispute in the
occupational classification at the place of employment.
``(7) Waiver of rights prohibited.--A nonimmigrant alien
described in section 101(a)(15)(H)(v)(a) may not be required to
waive any rights or protections under the Secure America and
Orderly Immigration Act. Nothing under this provision shall be
construed to affect the interpretation of other laws.
``(8) No threatening of employees.--It shall be a violation
of this section for an employer who has filed a petition under
section 203(b) to threaten the alien beneficiary of such a
petition with withdrawal of the application, or to withdraw
such a petition in retaliation for the beneficiary's exercise
of a right protected by the Secure America and Orderly
Immigration Act.
``(9) Whistleblower protection.--It shall be unlawful for
an employer or a labor contractor of a nonimmigrant alien
described in section 101(a)(15)(H)(v)(a) to intimidate,
threaten, restrain, coerce, retaliate, discharge, or in any
other manner, discriminate against an employee or former
employee because the employee or former employee--
``(A) discloses information to the employer or any
other person that the employee or former employee
reasonably believes demonstrates a violation of Secure
America and Orderly Immigration Act.
``(B) cooperates or seeks to cooperate in an
investigation or other proceeding concerning compliance
with the requirements of the Secure America and Orderly
Immigration Act.
``(i) Labor Recruiters.--
``(1) In general.--Each employer that engages in foreign
labor contracting activity and each foreign labor contractor
shall ascertain and disclose to each such worker who is
recruited for employment the following information at the time
of the worker's recruitment:
``(A) The place of employment.
``(B) The compensation for the employment.
``(C) A description of employment activities.
``(D) The period of employment.
``(E) Any other employee benefit to be provided and
any costs to be charged for each benefit.
``(F) Any travel or transportation expenses to be
assessed.
``(G) The existence of any labor organizing effort,
strike, lockout, or other labor dispute at the place of
employment.
``(H) The existence of any arrangement with any
owner, employer, foreign contractor, or its agent where
such person receives a commission from the provision of
items or services to workers.
``(I) The extent to which workers will be
compensated through workers' compensation, private
insurance, or otherwise for injuries or death,
including work related injuries and death, during the
period of employment and, if so, the name of the State
workers' compensation insurance carrier or the name of
the policyholder of the private insurance, the name and
the telephone number of each person who must be
notified of an injury or death, and the time period
within which such notice must be given.
``(J) Any education or training to be provided or
required, including the nature and cost of such
training, who will pay such costs, and whether the
training is a condition of employment, continued
employment, or future employment.
``(K) A statement, in a form specified by the
Secretary of Labor, describing the protections of this
Act for workers recruited abroad.
``(2) False or misleading information.--No foreign labor
contractor or employer who engages in foreign labor contracting
activity shall knowingly provide material false or misleading
information to any worker concerning any matter required to be
disclosed in paragraph (1).
``(3) Languages.--The information required to be disclosed
under paragraph (1) shall be provided in writing in English or,
as necessary and reasonable, in the language of the worker
being recruited. The Department of Labor shall make forms
available in English, Spanish, and other languages, as
necessary, which may be used in providing workers with
information required under this section.
``(4) Fees.--A person conducting a foreign labor
contracting activity shall not assess any fee to a worker for
such foreign labor contracting activity.
``(5) Terms.--No employer or foreign labor contractor
shall, without justification, violate the terms of any
agreement made by that contractor or employer regarding
employment under this program.
``(6) Travel costs.--If the foreign labor contractor or
employer charges the employee for transportation such
transportation costs shall be reasonable.
``(7) Other worker protections.--
``(A) Notification.--Every 2 years, each employer
shall notify the Secretary of Labor of the identity of
any foreign labor contractor engaged by the employer in
any foreign labor contractor activity for or on behalf
of the employer.
``(B) Registration of foreign labor contractors.--
``(i) In general.--No person shall engage
in foreign labor recruiting activity unless
such person has a certificate of registration
from the Secretary of Labor specifying the
activities that such person is authorized to
perform. An employer who retains the services
of a foreign labor contractor shall only use
those foreign labor contractors who are
registered under this subparagraph.
``(ii) Issuance.--The Secretary shall
promulgate regulations to establish an
efficient electronic process for the
investigation and approval of an application
for a certificate of registration of foreign
labor contractors not later than 14 days after
such application is filed. Such process shall
include requirements under paragraphs (1), (4),
and (5) of section 1812 of title 29, United
States Code, an expeditious means to update
registrations and renew certificates and any
other requirements the Secretary may prescribe.
``(iii) Term.--Unless suspended or revoked,
a certificate under this subparagraph shall be
valid for 2 years.
``(iv) Refusal to issue; revocation;
suspension.--In accordance with regulations
promulgated by the Secretary of Labor, the
Secretary may refuse to issue or renew, or may
suspend or revoke, a certificate of
registration under this subparagraph. The
justification for such refusal, suspension, or
revocation may include the following:
``(I) The application or holder of
the certification has knowingly made a
material misrepresentation in the
application for such certificate.
``(II) The applicant for or holder
of the certification is not the real
party in interest in the application or
certificate of registration and the
real party in interest is a person who
has been refused issuance or renewal of
a certificate, has had a certificate
suspended or revoked, or does not
qualify for a certificate under this
paragraph.
``(III) The applicant for or holder
of the certification has failed to
comply with the Secure America and
Orderly Immigration Act.
``(C) Remedy for violations.--An employer engaging
in foreign labor contracting activity and a foreign
labor contractor that violates the provisions of this
subsection shall be subject to remedies for foreign
labor contractor violations under subsections (j) and
(k). If a foreign labor contractor acting as an agent
of an employer violates any provision of this
subsection, the employer shall also be subject to
remedies under subsections (j) and (k). An employer
that violates a provision of this subsection relating
to employer obligations shall be subject to remedies
under this subsections (j) and (k).
``(D) Employer notification.--An employer shall
notify the Secretary of Labor any time the employer
becomes aware of a violation of this subsection by a
foreign labor recruiter.
``(E) Written agreements.--No foreign labor
contractor shall violate the terms of any written
agreements made with an employer relating to any
contracting activity or worker protection under this
subsection.
``(F) Bonding requirement.--The Secretary of Labor
may require a foreign labor contractor under this
subsection to post a bond in an amount sufficient to
ensure the protection of individuals recruited by the
foreign labor contractor. The Secretary may consider
the extent to which the foreign labor contractor has
sufficient ties to the United States to adequately
enforce this subsection.
``(j) Enforcement.--
``(1) In general.--The Secretary of Labor shall prescribe
regulations for the receipt, investigation, and disposition of
complaints by an aggrieved person respecting a violation of
this section.
``(2) Definition.--As used in this subsection, an
`aggrieved person' is a person adversely affected by the
alleged violation, including--
``(A) a worker whose job, wages, or working
conditions are adversely affected by the violation; and
``(B) a representative for workers whose jobs,
wages, or working conditions are adversely affected by
the violation who brings a complaint on behalf of such
worker.
``(3) Filing deadline.--No investigation or hearing shall
be conducted on a complaint concerning a violation under this
section unless the complaint was filed not later than 12 months
after the date of such violation.
``(4) Reasonable cause.--The Secretary of Labor shall
conduct an investigation under this subsection if there is
reasonable cause to believe that a violation of this section
has occurred. The process established under this subsection
shall provide that, not later than 30 days after a complaint is
filed, the Secretary shall determine if there is reasonable
cause to find such a violation.
``(5) Notice and hearing.--
``(A) In general.--Not later than 60 days after the
Secretary of Labor makes a determination of reasonable
cause under paragraph (4), the Secretary shall issue a
notice to the interested parties and offer an
opportunity for a hearing on the complaint, in
accordance with section 556 of title 5, United States
Code.
``(B) Complaint.--If the Secretary of Labor, after
receiving a complaint under this subsection, does not
offer the aggrieved party or organization an
opportunity for a hearing under subparagraph (A), the
Secretary shall notify the aggrieved party or
organization of such determination and the aggrieved
party or organization may seek a hearing on the
complaint in accordance with such section 556.
``(C) Hearing deadline.--Not later than 60 days
after the date of a hearing under this paragraph, the
Secretary of Labor shall make a finding on the matter
in accordance with paragraph (6).
``(6) Attorneys' fees.--A complainant who prevails with
respect to a claim under this subsection shall be entitled to
an award of reasonable attorneys' fees and costs.
``(7) Power of the secretary.--The Secretary may bring an
action in any court of competent jurisdiction--
``(A) to seek remedial action, including injunctive
relief;
``(B) to recover the damages described in
subsection (k); or
``(C) to ensure compliance with terms and
conditions described in subsection (i).
``(8) Solicitor of labor.--Except as provided in section
518(a) of title 28, United States Code, the Solicitor of Labor
may appear for and represent the Secretary of Labor in any
civil litigation brought under this subsection. All such
litigation shall be subject to the direction and control of the
Attorney General.
``(9) Procedures in addition to other rights of
employees.--The rights and remedies provided to workers under
this section are in addition to, and not in lieu of, any other
contractual or statutory rights and remedies of the workers,
and are not intended to alter or affect such rights and
remedies.
``(k) Penalties.--
``(1) In general.--If, after notice and an opportunity for
a hearing, the Secretary of Labor finds a violation of
subsection (h) or (i), the Secretary may impose administrative
remedies and penalties, including--
``(A) back wages;
``(B) fringe benefits; and
``(C) civil monetary penalties.
``(2) Civil penalties.--The Secretary of Labor may impose,
as a civil penalty--
``(A) for a violation of subsection (h)--
``(i) a fine in an amount not to exceed
$2,000 per violation per affected worker;
``(ii) if the violation was willful
violation, a fine in an amount not to exceed
$5,000 per violation per affected worker;
``(iii) if the violation was willful and if
in the course of such violation a United States
worker was harmed, a fine in an amount not to
exceed $25,000 per violation per affected
worker; and
``(B) for a violation of subsection (i)--
``(i) a fine in an amount not less than
$500 and not more than $4,000 per violation per
affected worker;
``(ii) if the violation was willful, a fine
in an amount not less than $2,000 and not more
than $5,000 per violation per affected worker;
and
``(iii) if the violation was willful and if
in the course of such violation a United States
worker was harmed, a fine in an amount not less
than $6,000 and not more than $35,000 per
violation per affected worker.
``(3) Use of civil penalties.--All penalties collected
under this subsection shall be deposited in the Treasury in
accordance with section 286(w).
``(4) Criminal penalties.--If a willful and knowing
violation of subsection (i) causes extreme physical or
financial harm to an individual, the person in violation of
such subsection may be imprisoned for not more than 6 months,
fined not more than $35,000 fine, or both.''.
SEC. 305. MARKET-BASED NUMERICAL LIMITATIONS.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``(beginning with fiscal year
1992)'';
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) under section 101(a)(15)(H)(v)(a), may not
exceed--
``(i) 400,000 for the first fiscal year in
which the program is implemented;
``(ii) in any subsequent fiscal year--
``(I) if the total number of visas
allocated for that fiscal year are
allotted within the first quarter of
that fiscal year, then an additional 20
percent of the allocated number shall
be made available immediately and the
allocated amount for the following
fiscal year shall increase by 20
percent of the original allocated
amount in the prior fiscal year;
``(II) if the total number of visas
allocated for that fiscal year are
allotted within the second quarter of
that fiscal year, then an additional 15
percent of the allocated number shall
be made available immediately and the
allocated amount for the following
fiscal year shall increase by 15
percent of the original allocated
amount in the prior fiscal year;
``(III) if the total number of
visas allocated for that fiscal year
are allotted within the third quarter
of that fiscal year, then an additional
10 percent of the allocated number
shall be made available immediately and
the allocated amount for the following
fiscal year shall increase by 10
percent of the original allocated
amount in the prior fiscal year;
``(IV) if the total number of visas
allocated for that fiscal year are
allotted within the last quarter of
that fiscal year, then the allocated
amount for the following fiscal year
shall increase by 10 percent of the
original allocated amount in the prior
fiscal year; and
``(V) with the exception of the
first subsequent fiscal year to the
fiscal year in which the program is
implemented, if fewer visas were
allotted the previous fiscal year than
the number of visas allocated for that
year and the reason was not due to
processing delays or delays in
promulgating regulations, then the
allocated amount for the following
fiscal year shall decrease by 10
percent of the allocated amount in the
prior fiscal year.''; and
(2) by adding at the end the following:
``(9)(A) Of the total number of visas allocated for each
fiscal year under paragraph (1)(C)--
``(i) 50,000 visas shall be allocated to qualifying
counties; and
``(ii) any of the visas allocated under clause (i)
that are not issued by June 30 of such fiscal year, may
be made available to any qualified applicant.
``(B) In this paragraph, the term `qualifying county' means
any county that--
``(i) that is outside a metropolitan statistical
area; and
``(ii) during the 20-year-period ending on the last
day of the calendar year preceding the date of
enactment of the Secure America and Orderly Immigration
Act, experienced a net out-migration of inhabitants
from the county of at least 10 percent of the
population of the county at the beginning of such
period.
``(10) In allocating visas under this subsection, the
Secretary of State may take any additional measures necessary
to deter illegal immigration.''.
SEC. 306. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS.
Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
is amended by adding at the end the following:
``(n)(1) For purposes of adjustment of status under subsection (a),
employment-based immigrant visas shall be made available to an alien
having nonimmigrant status described in section 101(a)(15)(H)(v)(a)
upon the filing of a petition for such a visa--
``(A) by the alien's employer; or
``(B) by the alien, if the alien has maintained such
nonimmigrant status in the United States for a cumulative total
of 4 years.
``(2) An alien having nonimmigrant status described in section
101(a)(15)(H)(v)(a) may not apply for adjustment of status under this
section unless the alien--
``(A) is physically present in the United States; and
``(B) the alien establishes that the alien--
``(i) meets the requirements of section 312; or
``(ii) is satisfactorily pursuing a course of study
to achieve such an understanding of English and
knowledge and understanding of the history and
government of the United States.
``(3) An alien who demonstrates that the alien meets the
requirements of section 312 may be considered to have satisfied the
requirements of that section for purposes of becoming naturalized as a
citizen of the United States under title III.
``(4) Filing a petition under paragraph (1) on behalf of an alien
or otherwise seeking permanent residence in the United States for such
alien shall not constitute evidence of the alien's ineligibility for
nonimmigrant status under section 101(a)(15)(H)(v)(a).
``(5) The limitation under section 302(d) regarding the period of
authorized stay shall not apply to any alien having nonimmigrant status
under section 101(a)(15)(H)(v)(a) if--
``(A) a labor certification petition filed under section
203(b) on behalf of such alien is pending; or
``(B) an immigrant visa petition filed under section 204(b)
on behalf of such alien is pending.
``(6) The Secretary of Homeland Security shall extend the stay of
an alien who qualifies for an exemption under paragraph (5) in 1-year
increments until a final decision is made on the alien's lawful
permanent residence.
``(7) Nothing in this subsection shall be construed to prevent an
alien having nonimmigrant status described in section
101(a)(15)(H)(v)(a) from filing an application for adjustment of status
under this section in accordance with any other provision of law.''.
SEC. 307. ESSENTIAL WORKER VISA PROGRAM TASK FORCE.
(a) Establishment of Task Force.--
(1) In general.--There is established a task force to be
known as the Essential Worker Visa Program Task Force (referred
to in this section as the ``Task Force'').
(2) Purposes.--The purposes of the Task Force are--
(A) to study the Essential Worker Visa Program
(referred to in this section as the ``Program'')
established under this title; and
(B) to make recommendations to Congress with
respect to such program.
(3) Membership.--The Task Force shall be composed of 10
members, of whom--
(A) 1 shall be appointed by the President and shall
serve as chairman of the Task Force;
(B) 1 shall be appointed by the leader of the
Democratic Party in the Senate, in consultation with
the leader of the Democratic Party in the House of
Representatives, and shall serve as vice chairman of
the Task Force;
(C) 2 shall be appointed by the majority leader of
the Senate;
(D) 2 shall be appointed by the minority leader of
the Senate;
(E) 2 shall be appointed by the Speaker of the
House of Representatives; and
(F) 2 shall be appointed by the minority leader of
the House of Representatives.
(4) Qualifications.--
(A) In general.--Members of the Task Force shall
be--
(i) individuals with expertise in
economics, demography, labor, business, or
immigration or other pertinent qualifications
or experience; and
(ii) representative of a broad cross-
section of perspectives within the United
States, including the public and private
sectors and academia;
(B) Political affiliation.--Not more than 5 members
of the Task Force may be members of the same political
party.
(C) Nongovernmental appointees.--An individual
appointed to the Task Force may not be an officer or
employee of the Federal Government or of any State or
local government.
(5) Deadline for appointment.--All members of the Task
Force shall be appointed not later than 6 months after the
Program has been implemented.
(6) Vacancies.--Any vacancy in the Task Force shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(7) Meetings.--
(A) Initial meeting.--The Task Force shall meet and
begin the operations of the Task Force as soon as
practicable.
(B) Subsequent meetings.--After its initial
meeting, the Task Force shall meet upon the call of the
chairman or a majority of its members.
(8) Quorum.--Six members of the Task Force shall constitute
a quorum.
(b) Duties.--The Task Force shall examine and make recommendations
regarding the Program, including recommendations regarding--
(1) the development and implementation of the Program;
(2) the criteria for the admission of temporary workers
under the Program;
(3) the formula for determining the yearly numerical
limitations of the Program;
(4) the impact of the Program on immigration;
(5) the impact of the Program on the United States
workforce and United States businesses; and
(6) any other matters regarding the Program that the Task
Force considers appropriate.
(c) Information and Assistance From Federal Agencies.--
(1) Information from federal agencies.--The Task Force may
seek directly from any Federal department or agency such
information, including suggestions, estimates, and statistics,
as the Task Force considers necessary to carry out the
provisions of this section. Upon request of the Task Force, the
head of such department or agency shall furnish such
information to the Task Force.
(2) Assistance from federal agencies.--The Administrator of
General Services shall, on a reimbursable base, provide the
Task Force with administrative support and other services for
the performance of the Task Force's functions. The departments
and agencies of the United States may provide the Task Force
with such services, funds, facilities, staff, and other support
services as they determine advisable and as authorized by law.
(d) Reports.--
(1) Initial report.--Not later than 2 years after the
Program has been implemented, the Task Force shall submit a
report to Congress, the Secretary of State, the Secretary of
Labor, and the Secretary of Homeland Security that contains--
(A) findings with respect to the duties of the Task
Force;
(B) recommendations for improving the Program; and
(C) suggestions for legislative or administrative
action to implement the Task Force recommendations.
(2) Final report.--Not later than 4 years after the
submission of the initial report under paragraph (1), the Task
Force shall submit a final report to Congress, the Secretary of
State, the Secretary of Labor, and the Secretary of Homeland
Security that contains additional findings, recommendations,
and suggestions, as described in paragraph (1).
SEC. 308. WILLING WORKER-WILLING EMPLOYER ELECTRONIC JOB REGISTRY.
(a) Establishment.--The Secretary of Labor shall direct the
coordination and modification of the national system of public labor
exchange services (commonly known as ``America's Job Bank'') in
existence on the date of enactment of this Act to provide information
on essential worker employment opportunities available to United States
workers and nonimmigrant workers under section 101(a)(15)(H)(v)(a) of
the Immigration and Nationality Act, as added by this Act.
(b) Recruitment of United States Workers.--Before the completion of
evidence of employment for a potential nonimmigrant worker under
section 101(a)(15)(H)(v)(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(v)(a), an employer shall attest that the employer
has posted in the Job Registry for not less than 30 days in order to
recruit United States workers. An employer shall maintain records for
not less than 1 year demonstrating why United States workers who
applied were not hired.
(c) Oversight and Maintenance of Records.--The Secretary of Labor
shall maintain electronic job registry records, as established by
regulation, for the purpose of audit or investigation.
(d) Access to Job Registry.--
(1) Circulation in interstate employment service system.--
The Secretary of Labor shall ensure that job opportunities
advertised on the electronic job registry established under
this section are accessible by the State workforce agencies,
which may further disseminate job opportunity information to
other interested parties.
(2) Internet.--The Secretary of Labor shall ensure that the
Internet-based electronic job registry established or approved
under this section may be accessed by workers, employers, labor
organizations, and other interested parties.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of State
such sums as may be necessary to carry out this title and the
amendments made by this title for the period beginning on the date of
enactment of this Act and ending on the last day of the sixth fiscal
year beginning after the effective date of the regulations promulgated
by the Secretary to implement this title.
TITLE IV--ENFORCEMENT
SEC. 401. DOCUMENT AND VISA REQUIREMENTS.
(a) In General.--Section 221(a) of the Immigration and Nationality
Act (8 U.S.C. 1201(a)) is amended by adding at the end the following:
``(3) Visas and immigration related document requirements.--
``(A) Visas issued by the Secretary of State and
immigration related documents issued by the Secretary of State
or the Secretary of Homeland Security shall comply with
authentication and biometric standards recognized by domestic
and international standards organizations.
``(B) Such visas and documents shall--
``(i) be machine-readable and tamper-resistant;
``(ii) use biometric identifiers that are
consistent with the requirements of section 303 of the
Enhanced Border Security and Visa Entry Reform Act of
2002 (8 U.S.C. 1732), and represent the benefits and
status set forth in such section;
``(iii) comply with the biometric and document
identifying standards established by the International
Civil Aviation Organization; and
``(iv) be compatible with the United States Visitor
and Immigrant Status Indicator Technology and the
employment verification system established under
section 274E.
``(C) The information contained on the visas or immigration
related documents described in subparagraph (B) shall include--
``(i) the alien's name, date and place of birth,
alien registration or visa number, and, if applicable,
social security number;
``(ii) the alien's citizenship and immigration
status in the United States; and
``(iii) the date that such alien's authorization to
work in the United States expires, if appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 6 months after the date of enactment of
this Act.
SEC. 402. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.
(a) In General.--Chapter 8 of title II of the Immigration and
Nationality Act (8 U.S.C. 1321 et seq.) is amended by inserting after
section 274D the following:
``employment eligibility
``Sec. 274E. (a) Employment Eligibility Confirmation System.--
``(1) In general.--The Commissioner of Social Security, in
consultation and coordination with the Secretary of Homeland
Security, shall establish an Employment Eligibility
Confirmation System (referred to in this section as the
`System') through which the Commissioner responds to inquiries
made by employers who have hired individuals concerning each
individual's identity and employment authorization.
``(2) Maintenance of records.--The Commissioner shall
electronically maintain records by which compliance under the
System may be verified.
``(3) Objectives of the system.--The System shall--
``(A) facilitate the eventual transition for all
businesses from the employer verification system
established in section 274A with the System;
``(B) utilize, as a central feature of the System,
machine-readable documents that contain encrypted
electronic information to verify employment
eligibility; and
``(C) provide for the evidence of employment
required under section 218A.
``(4) Initial response.--The System shall provide--
``(A) confirmation or a tentative nonconfirmation
of an individual's identity and employment eligibility
not later than 1 working day after the initial inquiry;
and
``(B) an appropriate code indicating such
confirmation or tentative nonconfirmation.
``(5) Secondary verification process in case of tentative
nonconfirmation.--
``(A) Establishment.--For cases of tentative
nonconfirmation, the Commissioner of Social Security,
in consultation and coordination with the Secretary of
Homeland Security, shall establish a secondary
verification process. The employer shall make the
secondary verification inquiry not later than 10 days
after receiving a tentative nonconfirmation.
``(B) Discrepancies.--If an employee chooses to
contest a secondary nonconfirmation, the employer shall
provide the employee with a referral letter and
instruct the employee to visit an office of the
Department of Homeland Security or the Social Security
Administration to resolve the discrepancy not later
than 10 working days after the receipt of such referral
letter in order to obtain confirmation.
``(C) Failure to contest.--An individual's failure
to contest a confirmation shall not constitute
knowledge (as defined in section 274a.1(l) of title 8,
Code of Federal Regulations.
``(6) Design and operation of system.--The System shall be
designed, implemented, and operated--
``(A) to maximize its reliability and ease of use
consistent with protecting the privacy and security of
the underlying information through technical and
physical safeguards;
``(B) to allow employers to verify that a newly
hired individual is authorized to be employed;
``(C) to permit individuals to--
``(i) view their own records in order to
ensure the accuracy of such records; and
``(ii) contact the appropriate agency to
correct any errors through an expedited process
established by the Commissioner of Social
Security, in consultation and coordination with
the Secretary of Homeland Security; and
``(D) to prevent discrimination based on national
origin or citizenship status under section 274B.
``(7) Unlawful uses of system.--It shall be an unlawful
immigration-related employment practice--
``(A) for employers or other third parties to use
the System selectively or without authorization;
``(B) to use the System prior to an offer of
employment;
``(C) to use the System to exclude certain
individuals from consideration for employment as a
result of a perceived likelihood that additional
verification will be required, beyond what is required
for most job applicants;
``(D) to use the System to deny certain employment
benefits, otherwise interfere with the labor rights of
employees, or any other unlawful employment practice;
or
``(E) to take adverse action against any person,
including terminating or suspending an employee who has
received a tentative nonconfirmation.
``(b) Employment Eligibility Database.--
``(1) Requirement.--The Commissioner of Social Security, in
consultation and coordination with the Secretary of Homeland
Security and other appropriate agencies, shall design,
implement, and maintain an Employment Eligibility Database
(referred to in this section as the `Database') as described in
this subsection.
``(2) Data.--The Database shall include, for each
individual who is not a citizen or national of the United
States, but is authorized or seeking authorization to be
employed in the United States, the individual's--
``(A) country of origin;
``(B) immigration status;
``(C) employment eligibility;
``(D) occupation;
``(E) metropolitan statistical area of employment;
``(F) annual compensation paid;
``(G) period of employment eligibility;
``(H) employment commencement date; and
``(I) employment termination date.
``(3) Reverification of employment eligibility.--The
Commissioner of Social Security shall prescribe, by regulation,
a system to annually reverify the employment eligibility of
each individual described in this section--
``(A) by utilizing the machine-readable documents
described in section 221(a)(3); or
``(B) if machine-readable documents are not
available, by telephonic or electronic communication.
``(4) Confidentiality.--
``(A) Access to database.--No officer or employee
of any agency or department of the United States, other
than individuals responsible for the verification of
employment eligibility or for the evaluation of the
employment verification program at the Social Security
Administration, the Department of Homeland Security,
and the Department of Labor, may have access to any
information contained in the Database.
``(B) Protection from unauthorized disclosure.--
Information in the Database shall be adequately
protected against unauthorized disclosure for other
purposes, as provided in regulations established by the
Commissioner of Social Security, in consultation with
the Secretary of Homeland Security and the Secretary of
Labor.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
design, implement, and maintain the Database.
``(c) Gradual Implementation.--The Commissioner of Social Security,
in coordination with the Secretary of Homeland Security and the
Secretary of Labor shall develop a plan to phase all workers into the
Database and phase out the employer verification system established in
section 274A over a period of time that the Commissioner determines to
be appropriate.
``(d) Employer Responsibilities.--Each employer shall--
``(1) notify employees and prospective employees of the use
of the System and that the System may be used for immigration
enforcement purposes;
``(2) verify the identification and employment
authorization status for newly hired individuals described in
section 101(a)(15)(H)(v)(a) not later than 3 days after the
date of hire;
``(3) use--
``(A) a machine-readable document described in
subsection (a)(3)(B); or
``(B) the telephonic or electronic system to access
the Database;
``(4) provide, for each employer hired, the occupation,
metropolitan statistical area of employment, and annual
compensation paid;
``(5) retain the code received indicating confirmation or
nonconfirmation, for use in investigations described in section
212(n)(2); and
``(6) provide a copy of the employment verification receipt
to such employees.
``(e) Good-Faith Compliance.--
``(1) Affirmative defense.--A person or entity that
establishes good faith compliance with the requirements of this
section with respect to the employment of an individual in the
United States has established an affirmative defense that the
person or entity has not violated this section.
``(2) Limitation.--Paragraph (1) shall not apply if a
person or entity engages in an unlawful immigration-related
employment practice described in subsection (a)(7).''.
(b) Interim Directive.--Before the implementation of the Employment
Eligibility Confirmation System (referred to in this section as the
``System'') established under section 274E of the Immigration and
Nationality Act, as added by subsection (a), the Commissioner of Social
Security, in coordination with the Secretary of Homeland Security,
shall, to the maximum extent practicable, implement an interim system
to confirm employment eligibility that is consistent with the
provisions of such section.
(c) Reports.--
(1) In general.--Not later than 3 months after the last day
of the second year and of the third year that the System is in
effect, the Comptroller General of the United States shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
report on the System.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) an assessment of the impact of the System on
the employment of unauthorized workers;
(B) an assessment of the accuracy of the Employment
Eligibility Database maintained by the Department of
Homeland Security and Social Security Administration
databases, and timeliness and accuracy of responses
from the Department of Homeland Security and the Social
Security Administration to employers;
(C) an assessment of the privacy, confidentiality,
and system security of the System;
(D) assess whether the System is being implemented
in a nondiscriminatory manner; and
(E) include recommendations on whether or not the
System should be modified.
SEC. 403. IMPROVED ENTRY AND EXIT DATA SYSTEM.
Section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``Justice''
and inserting ``Homeland Security'';
(B) in paragraph (4), by striking ``and'' at the
end;
(C) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(6) collects the biometric machine-readable information
from an alien's visa or immigration-related document described
in section 221(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1201(a)(3) at the time an alien arrives in the United
States and at the time an alien departs from the United States
to determine if such alien is entering, or is present in, the
United States unlawfully.''; and
(3) in subsection (f)(1), by striking ``Departments of
Justice and State'' and inserting ``Department of Homeland
Security and the Department of State''.
SEC. 404. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.
Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended--
(1) by redesignating subparagraph (H) as subparagraph (J);
and
(2) by inserting after subparagraph (G) the following:
``(H)(i) The Secretary of Labor may initiate an
investigation of any employer that employs nonimmigrants
described in section 101(a)(15)(H)(v)(a) if the Secretary, or
the Secretary's designee--
``(I) certifies that reasonable cause exists to
believe that the employer is out of compliance with the
Secure America and Orderly Immigration Act or section
274E; and
``(II) approves the commencement of the
investigation.
``(ii) In determining whether reasonable cause exists to
initiate an investigation under this section, the Secretary
shall--
``(I) monitor the Willing Worker-Willing Employer
Electronic Job Registry;
``(II) monitor the Employment Eligibility
Confirmation System, taking into consideration
whether--
``(aa) an employer's submissions to the
System generate a high volume of tentative
nonconfirmation responses relative to other
comparable employers;
``(bb) an employer rarely or never screens
hired individuals;
``(cc) individuals employed by an employer
rarely or never pursue a secondary verification
process as established in section 274E; or
``(dd) any other indicators of illicit,
inappropriate or discriminatory use of the
System, especially those described in section
274E(a)(6)(D), exist; and
``(III) consider any additional evidence that the
Secretary determines appropriate.
``(iii) Absent other evidence of noncompliance, an
investigation under this subparagraph should not be initiated
for lack of completeness or obvious inaccuracies by the
employer in complying with section 101(a)(15)(H)(v)(a).''.
SEC. 405. PROTECTION OF EMPLOYMENT RIGHTS.
The Secretary and the Secretary of Homeland Security shall
establish a process under which a nonimmigrant worker described in
clause (ii)(b) or (v)(a) of section 101(a)(15)(H) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)) who files a nonfrivolous
complaint regarding a violation of this section and is otherwise
eligible to remain and work in the United States may be allowed to seek
other appropriate employment in the United States with an employer for
a period not to exceed the maximum period of stay authorized for that
nonimmigrant classification.
SEC. 406. INCREASED FINES FOR PROHIBITED BEHAVIOR.
Section 274B(g)(2)(B)(iv) of the Immigration and Nationality Act (8
U.S.C. 1324b(g)(2)(B)(iv)) is amended--
(1) in subclause (I), by striking ``not less than $250 and
not more than $2,000'' and inserting ``not less than $500 and
not more than $4,000'';
(2) in subclause (II), by striking ``not less than $2,000
and not more than $5,000'' and inserting ``not less than $4,000
and not more than $10,000''; and
(3) in subclause (III), by striking ``not less than $3,000
and not more than $10,000'' and inserting ``not less than
$6,000 and not more than $20,000''.
TITLE V--PROMOTING CIRCULAR MIGRATION PATTERNS
SEC. 501. LABOR MIGRATION FACILITATION PROGRAMS.
(a) Authority for Program.--
(1) In general.--The Secretary of State is authorized to
enter into an agreement to establish and administer a labor
migration facilitation program jointly with the appropriate
official of a foreign government whose citizens participate in
the temporary worker program authorized under section
101(a)(15)(H)(v)(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(v)(a)).
(2) Priority.--In establishing programs under subsection
(a), the Secretary of State shall place a priority on
establishing such programs with foreign governments that have a
large number of nationals working as temporary workers in the
United States under such section 101(a)(15)(H)(v)(a). The
Secretary shall enter into such agreements not later than 3
months after the date of enactment of this Act or as soon
thereafter as is practicable.
(3) Elements of program.--A program established under
paragraph (1) may provide for--
(A) the Secretary of State, in conjunction with the
Secretary of Homeland Security and the Secretary of
Labor, to confer with a foreign government--
(i) to establish and implement a program to
assist temporary workers from such a country to
obtain nonimmigrant status under such section
101(a)(15)(H)(v)(a);
(ii) to establish programs to create
economic incentives for aliens to return to
their home country;
(B) the foreign government to monitor the
participation of its nationals in such a temporary
worker program, including departure from and return to
a foreign country;
(C) the foreign government to develop and promote a
reintegration program available to such individuals
upon their return from the United States;
(D) the foreign government to promote or facilitate
travel of such individuals between the country of
origin and the United States; and
(E) any other matters that the foreign government
and United States find appropriate to enable such
individuals to maintain strong ties to their country of
origin.
SEC. 502. BILATERAL EFFORTS WITH MEXICO TO REDUCE MIGRATION PRESSURES
AND COSTS.
(a) Findings.--Congress makes the following findings:
(1) Migration from Mexico to the United States is directly
linked to the degree of economic opportunity and the standard
of living in Mexico.
(2) Mexico comprises a prime source of migration to the
United States.
(3) Remittances from Mexican citizens working in the United
States reached a record high of nearly $17,000,000,000 in 2004.
(4) Migration patterns may be reduced from Mexico to the
United States by addressing the degree of economic opportunity
available to Mexican citizens.
(5) Many Mexican assets are held extra-legally and cannot
be readily used as collateral for loans.
(6) A majority of Mexican businesses are small or medium
size with limited access to financial capital.
(7) These factors constitute a major impediment to broad-
based economic growth in Mexico.
(8) Approximately 20 percent of Mexico's population works
in agriculture, with the majority of this population working on
small farms and few on large commercial enterprises.
(9) The Partnership for Prosperity is a bilateral
initiative launched jointly by the President of the United
States and the President of Mexico in 2001, which aims to boost
the social and economic standards of Mexican citizens,
particularly in regions where economic growth has lagged and
emigration has increased.
(10) The Presidents of Mexico and the United States and the
Prime Minister of Canada, at their trilateral summit on March
23, 2005, agreed to promote economic growth, competitiveness,
and quality of life in the agreement on Security and Prosperity
Partnership of North America.
(b) Sense of Congress Regarding Partnership for Prosperity.--It is
the sense of Congress that the United States and Mexico should
accelerate the implementation of the Partnership for Prosperity to help
generate economic growth and improve the standard of living in Mexico,
which will lead to reduced migration, by--
(1) increasing access for poor and under served populations
in Mexico to the financial services sector, including credit
unions;
(2) assisting Mexican efforts to formalize its extra-legal
sector, including the issuance of formal land titles, to enable
Mexican citizens to use their assets to procure capital;
(3) facilitating Mexican efforts to establish an effective
rural lending system for small- and medium-sized farmers that
will--
(A) provide long term credit to borrowers;
(B) develop a viable network of regional and local
intermediary lending institutions; and
(C) extend financing for alternative rural economic
activities beyond direct agricultural production;
(4) expanding efforts to reduce the transaction costs of
remittance flows in order to increase the pool of savings
available to help finance domestic investment in Mexico;
(5) encouraging Mexican corporations to adopt
internationally recognized corporate governance practices,
including anti-corruption and transparency principles;
(6) enhancing Mexican efforts to strengthen governance at
all levels, including efforts to improve transparency and
accountability, and to eliminate corruption, which is the
single biggest obstacle to development;
(7) assisting the Government of Mexico in implementing all
provisions of the Inter-American Convention Against Corruption
(ratified by Mexico on May 27, 1997) and urging the Government
of Mexico to participate fully in the Convention's formal
implementation monitoring mechanism;
(8) helping the Government of Mexico to strengthen
education and training opportunities throughout the country,
with a particular emphasis on improving rural education; and
(9) encouraging the Government of Mexico to create
incentives for persons who have migrated to the United States
to return to Mexico.
(c) Sense of Congress Regarding Bilateral Partnership on Health
Care.--It is the sense of Congress that the Government of the United
States and the Government of Mexico should enter into a partnership to
examine uncompensated and burdensome health care costs incurred by the
United States due to legal and illegal immigration, including--
(1) increasing health care access for poor and under served
populations in Mexico;
(2) assisting Mexico in increasing its emergency and trauma
health care facilities along the border, with emphasis on
expanding prenatal care in the United States-Mexico border
region;
(3) facilitating the return of stable, incapacitated
workers temporarily employed in the United States to Mexico in
order to receive extended, long-term care in their home
country; and
(4) helping the Government of Mexico to establish a program
with the private sector to cover the health care needs of
Mexican nationals temporarily employed in the United States.
TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION
SEC. 601. ELIMINATION OF EXISTING BACKLOGS.
(a) Family-Sponsored Immigrants.--Section 201(c) of the Immigration
and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--The
worldwide level of family-sponsored immigrants under this subsection
for a fiscal year is equal to the sum of--
``(1) 480,000;
``(2) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during the
previous fiscal year; and
``(3) the difference between--
``(A) the maximum number of visas authorized to be
issued under this subsection during fiscal years 2001
through 2005 minus the number of visas issued under
this subsection during those years; and
``(B) the number of visas described in subparagraph
(A) that were issued after fiscal year 2005.''.
(b) Employment-Based Immigrants.--Section 201(d) of the Immigration
and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--The
worldwide level of employment-based immigrants under this subsection
for a fiscal year is equal to the sum of--
``(1) 290,000;
``(2) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during the
previous fiscal year; and
``(3) the difference between--
``(A) the maximum number of visas authorized to be
issued under this subsection during fiscal years 2001
through 2005 and the number of visa numbers issued
under this subsection during those years; and
``(B) the number of visas described in subparagraph
(A) that were issued after fiscal year 2005.''.
SEC. 602. COUNTRY LIMITS.
Section 202(a) of the Immigration and Nationality Act (8 U.S.C.
1152(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``, (4), and (5)'' and inserting
``and (4)''; and
(B) by striking ``7 percent (in the case of a
single foreign state) or 2 percent'' and inserting ``10
percent (in the case of a single foreign state) or 5
percent''; and
(2) by striking paragraph (5).
SEC. 603. ALLOCATION OF IMMIGRANT VISAS.
(a) Preference Allocation for Family-Sponsored Immigrants.--Section
203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is
amended to read as follows:
``(a) Preference Allocations for Family-Sponsored Immigrants.--
Aliens subject to the worldwide level specified in section 201(c) for
family-sponsored immigrants shall be allocated visas as follows:
``(1) Unmarried sons and daughters of citizens.--Qualified
immigrants who are the unmarried sons or daughters of citizens
of the United States shall be allocated visas in a quantity not
to exceed 10 percent of such worldwide level plus any visas not
required for the class specified in paragraph (4).
``(2) Spouses and unmarried sons and daughters of permanent
resident aliens.--Visas in a quantity not to exceed 50 percent
of such worldwide level plus any visas not required for the
class specified in paragraph (1) shall be allocated to
qualified immigrants--
``(A) who are the spouses or children of an alien
lawfully admitted for permanent residence, which visas
shall constitute not less than 77 percent of the visas
allocated under this paragraph; or
``(B) who are the unmarried sons or daughters of an
alien lawfully admitted for permanent residence.
``(3) Married sons and daughters of citizens.--Qualified
immigrants who are the married sons and daughters of citizens
of the United States shall be allocated visas in a quantity not
to exceed 10 percent of such worldwide level plus any visas not
required for the classes specified in paragraphs (1) and (2).
``(4) Brothers and sisters of citizens.--Qualified
immigrants who are the brothers or sisters of citizens of the
United States who are at least 21 years of age shall be
allocated visas in a quantity not to exceed 30 percent of the
worldwide level plus any visas not required for the classes
specified in paragraphs (1) through (3).''.
(b) Preference Allocation for Employment-based Immigrants.--Section
203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is
amended--
(1) in paragraph (1), by striking ``28.6 percent'' and
inserting ``20 percent'';
(2) in paragraph (2)(A), by striking ``28.6 percent'' and
inserting ``20 percent'';
(3) in paragraph (3)(A)--
(A) by striking ``28.6 percent'' and inserting ``35
percent''; and
(B) by striking clause (iii);
(4) by striking paragraph (4);
(5) by redesignating paragraph (5) as paragraph (4);
(6) in paragraph (4)(A), as redesignated, by striking ``7.1
percent'' and inserting ``5 percent'';
(7) by inserting after paragraph (4), as redesignated, the
following:
``(5) Other workers.--Visas shall be made available, in a
number not to exceed 30 percent of such worldwide level, plus
any visa numbers not required for the classes specified in
paragraphs (1) through (4), to qualified immigrants who are
capable, at the time of petitioning for classification under
this paragraph, of performing unskilled labor that is not of a
temporary or seasonal nature, for which qualified workers are
determined to be unavailable in the United States, or to
nonimmigrants under section 101(a)(15)(H)(v)(a).''; and
(8) by striking paragraph (6).
(c) Conforming Amendments.--
(1) Definition of special immigrant.--Section 101(a)(27)(M)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(M)) is amended by striking ``subject to the
numerical limitations of section 203(b)(4),''.
(2) Repeal of temporary reduction in workers' visas.--
Section 203(e) of the Nicaraguan Adjustment and Central
American Relief Act (8 U.S.C. 1153 note) is repealed.
SEC. 604. RELIEF FOR CHILDREN AND WIDOWS.
(a) In General.--Section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking
``spouses, and parents of a citizen of the United States'' and
inserting ``(and their children who are accompanying or following to
join them), the spouses (and their children who are accompanying or
following to join them), and the parents of a citizen of the United
States (and their children who are accompanying or following to join
them)''.
(b) Petition.--Section 204(a)(1)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1154 (a)(1)(A)(ii) is amended by inserting
``or an alien child or alien parent described in the third sentence of
section 201(b)(2)(A)(i)'' after ``section 201(b)(2)(A)(i)''.
(c) Adjustment of Status.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended by adding at the end the
following:
``(n) Applications for Adjustment of Status by Surviving Spouses,
Children, and Parents.--
``(1) In general.--Notwithstanding subsections (a) and (c)
(except subsection (c)(6)), any alien described in paragraph
(2) who applied for adjustment of status prior to the death of
the qualifying relative, may have such application adjudicated
as if such death had not occurred.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A) is an immediate relative (as defined in
section 201(b)(2)(A)(i));
``(B) is a family-sponsored immigrant (as described
in subsection (a) or (d) of section 203);
``(C) is a derivative beneficiary of an employment-
based immigrant under section 203(b), as described in
section 203(d); or
``(D) is a derivative beneficiary of a diversity
immigrant (as described in section 203(c)).''.
(d) Transition Period.--Notwithstanding a denial of an application
for adjustment of status not more than 2 years before the date of
enactment of this Act, in the case of an alien whose qualifying
relative died before the date of enactment of this Act, such
application may be renewed by the alien through a motion to reopen,
without fee, filed not later than 1 year after the date of enactment of
this Act.
SEC. 605. AMENDING THE AFFIDAVIT OF SUPPORT REQUIREMENTS.
Section 213A of the Immigration and Nationality Act (8 U.S.C.
1183a) is amended--
(1) in subsection (a)(1)(A), by striking ``125'' and
inserting ``100''; and
(2) in subsection (f), by striking ``125'' each place it
appears and inserting ``100''.
SEC. 606. DISCRETIONARY AUTHORITY.
Section 212(i) of the Immigration and Nationality Act (8 U.S.C.
1182(i)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2)(A) The Secretary of Homeland Security may waive the
application of subsection (a)(6)(C)--
``(i) in the case of an immigrant who is the
spouse, parent, son, or daughter of a United States
citizen or of an alien lawfully admitted for permanent
residence, if the Secretary of Homeland Security
determines that the refusal of admission to the United
States of such immigrant alien would result in extreme
hardship to the citizen or lawfully resident spouse,
child, son, daughter, or parent of such an alien; or
``(ii) in the case of an alien granted
classification under clause (iii) or (iv) of section
204(a)(1)(A) or clause (ii) or (iii) of section
204(a)(1)(B), the alien demonstrates extreme hardship
to the alien or the alien's parent or child if, such
parent or child is a United States citizen, a lawful
permanent resident, or a qualified alien.
``(B) An alien who is granted a waiver under subparagraph
(A) shall pay a $2,000 fine.''.
SEC. 607. FAMILY UNITY.
Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)) is amended--
(1) in subparagraph (B)(iii)(I), by striking ``18'' and
inserting ``21''; and
(2) in subparagraph (C)(ii)--
(A) by redesignating subclauses (1) and (2) as
subclauses (I) and (II); and
(B) in subclause (II), as redesignated, by
redesignating items (A), (B), (C), and (D) as items
(aa), (bb), (cc), and (dd); and
(3) by adding at the end the following:
``(D) Waiver.--
``(i) In general.--The Secretary may waive
the application of subparagraphs (B) and (C)
for an alien who is a beneficiary of a petition
filed under sections 201 and 203 if such
petition was filed on or before the date of
introduction of Secure America and Orderly
Immigration Act.
``(ii) Fine.--An alien who is granted a
waiver under clause (i) shall pay a $2,000
fine.''.
TITLE VII--H-5B NONIMMIGRANTS
SEC. 701. H-5B NONIMMIGRANTS.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.) is amended by adding after
section 250 the following:
``h-5b nonimmigrants
``Sec. 250A. (a) In General.--The Secretary of Homeland Security
shall adjust the status of an alien to that of a nonimmigrant under
section 101(a)(15)(H)(v)(b) if the alien--
``(1) submits an application for such adjustment; and
``(2) meets the requirements of this section.
``(b) Presence in the United States.--The alien shall establish
that the alien--
``(1) was present in the United States before the date on
which the Secure America and Orderly Immigration Act was
introduced, and has been continuously in the United States
since such date; and
``(2) was not legally present in the United States on the
date on which the Secure America and Orderly Immigration Act
was introduced under any classification set forth in section
101(a)(15).
``(c) Spouses and Children.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall, if the person is
otherwise eligible under subsection (b)--
``(1) adjust the status to that of a nonimmigrant under
section 101(a)(15)(H)(v)(b) for, or provide a nonimmigrant visa
to, the spouse or child of an alien who is provided
nonimmigrant status under section 101(a)(15)(H)(v)(b); or
``(2) adjust the status to that of a nonimmigrant under
section 101(a)(15)(H)(v)(b) for an alien who, before the date
on which the Secure America and Orderly Immigration Act was
introduced in Congress, was the spouse or child of an alien who
is provided nonimmigrant status under section
101(a)(15)(H)(v)(b), or is eligible for such status, if--
``(A) the termination of the qualifying
relationship was connected to domestic violence; and
``(B) the spouse or child has been battered or
subjected to extreme cruelty by the spouse or parent
alien who is provided nonimmigrant status under section
101(a)(15)(H)(v)(b).
``(d) Other Criteria.--
``(1) In general.--An alien may be granted nonimmigrant
status under section 101(a)(15)(H)(v)(b), or granted status as
the spouse or child of an alien eligible for such status under
subsection (c), if the alien establishes that the alien--
``(A) is not inadmissible to the United States
under section 212(a), except as provided in paragraph
(2); or
``(B) has not ordered, incited, assisted, or
otherwise participated in the persecution of any person
on account of race, religion, nationality, membership
in a particular social group, or political opinion.
``(2) Grounds of inadmissibility.--In determining an
alien's admissibility under paragraph (1)(A)--
``(A) paragraphs (5), (6)(A), (6)(B), (6)(C),
(6)(F), (6)(G), (7), (9), and (10)(B) of section 212(a)
shall not apply for conduct that occurred before the
date on which the Secure America and Orderly
Immigration Act was introduced;
``(B) the Secretary of Homeland Security may not
waive--
``(i) subparagraph (A), (B), (C), (E), (G),
(H), or (I) of section 212(a)(2) (relating to
criminals);
``(ii) section 212(a)(3) (relating to
security and related grounds); or
``(iii) subparagraph (A) or (C) of section
212(a)(10) (relating to polygamists and child
abductors);
``(C) for conduct that occurred before the date on
which the Secure America and Orderly Immigration Act
was introduced, the Secretary of Homeland Security may
waive the application of any provision of section
212(a) not listed in subparagraph (B) on behalf of an
individual alien for humanitarian purposes, to ensure
family unity, or when such waiver is otherwise in the
public interest; and
``(D) nothing in this paragraph shall be construed
as affecting the authority of the Secretary of Homeland
Security other than under this paragraph to waive the
provisions of section 212(a).
``(3) Applicability of other provisions.--Sections 240B(d)
and 241(a)(5) shall not apply to an alien who is applying for
adjustment of status in accordance with this title for conduct
that occurred before the date on which the Secure America and
Orderly Immigration Act was introduced.
``(e) Employment.--
``(1) In general.--The Secretary of Homeland Security may
not adjust the status of an alien to that of a nonimmigrant
under section 101(a)(15)(H)(v)(b) unless the alien establishes
that the alien--
``(A) was employed in the United States, whether
full time, part time, seasonally, or self-employed,
before the date on which the Secure America and Orderly
Immigration Act was introduced; and
``(B) has been employed in the United States since
that date.
``(2) Evidence of employment.--
``(A) Conclusive documents.--An alien may
conclusively establish employment status in compliance
with paragraph (1) by submitting to the Secretary of
Homeland Security records demonstrating such employment
maintained by--
``(i) the Social Security Administration,
Internal Revenue Service, or by any other
Federal, State, or local government agency;
``(ii) an employer; or
``(iii) a labor union, day labor center, or
an organization that assists workers in matters
related to employment.
``(B) Other documents.--An alien who is unable to
submit a document described in clauses (i) through
(iii) of subparagraph (A) may satisfy the requirement
in paragraph (1) by submitting to the Secretary at
least 2 other types of reliable documents that provide
evidence of employment, including--
``(i) bank records;
``(ii) business records;
``(iii) sworn affidavits from nonrelatives
who have direct knowledge of the alien's work;
or
``(iv) remittance records.
``(3) Intent of congress.--It is the intent of Congress
that the requirement in this subsection be interpreted and
implemented in a manner that recognizes and takes into account
the difficulties encountered by aliens in obtaining evidence of
employment due to the undocumented status of the alien.
``(4) Burden of proof.--An alien described in paragraph (1)
who is applying for adjustment of status under this section has
the burden of proving by a preponderance of the evidence that
the alien has satisfied the requirements of this subsection. An
alien may meet such burden of proof by producing sufficient
evidence to demonstrate such employment as a matter of
reasonable inference.
``(f) Special Rules for Minors and Individuals Who Entered as
Minors.--The employment requirements under this section shall not apply
to any alien under 21 years of age.
``(g) Education Permitted.--An alien may satisfy the employment
requirements under this section, in whole or in part, by full-time
attendance at--
``(1) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); or
``(2) a secondary school (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)).
``(h) Security and Law Enforcement Background Checks.--
``(1) Submission of fingerprints.--An alien may not be
granted nonimmigrant status under section 101(a)(15)(H)(v)(b),
or granted status as the spouse or child of an alien eligible
for such status under subsection (c), unless the alien submits
fingerprints in accordance with procedures established by the
Secretary of Homeland Security.
``(2) Background checks.--The Secretary of Homeland
Security shall utilize fingerprints and other data provided by
the alien to conduct a background check of such alien relating
to criminal, national security, or other law enforcement
actions that would render the alien ineligible for adjustment
of status as described in this section.
``(3) Expeditious processing.--The background checks
required under paragraph (2) shall be conducted as
expeditiously as possible.
``(i) Period of Authorized Stay and Application Fee and Fine.--
``(1) Period of authorized stay.--
``(A) In general.--The period of authorized stay
for a nonimmigrant described in section
101(a)(15)(H)(v)(b) shall be 6 years.
``(B) Limitation.--The Secretary of Homeland
Security may not authorize a change from such
nonimmigrant classification to any other immigrant or
nonimmigrant classification until the termination of
the 6-year period described in subparagraph (A). The
Secretary may only extend such period to accommodate
the processing of an application for adjustment of
status under section 245B.
``(2) Application fee.--The Secretary of Homeland Security
shall impose a fee for filing an application for adjustment of
status under this section. Such fee shall be sufficient to
cover the administrative and other expenses incurred in
connection with the review of such applications.
``(3) Fines.--
``(A) In general.--In addition to the fee required
under paragraph (2), the Secretary of Homeland Security
may accept an application for adjustment of status
under this section only if the alien pays a $1,000
fine.
``(B) Exception.--Fines paid under this paragraph
shall not be required from an alien under the age of
21.
``(4) Collection of fees and fines.--All fees and fines
collected under this section shall be deposited in the Treasury
in accordance with section 286(w).
``(j) Treatment of Applicants.--
``(1) In general.--An alien who files an application under
this section, including the alien's spouse or child--
``(A) shall be granted employment authorization
pending final adjudication of the alien's application
for adjustment of status;
``(B) shall be granted permission to travel abroad;
``(C) may not be detained, determined inadmissible
or deportable, or removed pending final adjudication of
the alien's application for adjustment of status,
unless the alien, through conduct or criminal
conviction, becomes ineligible for such adjustment of
status; and
``(D) may not be considered an unauthorized alien
(as defined in section 274A(h)(3)) until employment
authorization under subparagraph (A) is denied.
``(2) Before application period.--If an alien is
apprehended after the date of enactment of this section, but
before the promulgation of regulations pursuant to this
section, and the alien can establish prima facie eligibility as
a nonimmigrant under section 101(a)(15)(H)(v)(b), the Secretary
of Homeland Security shall provide the alien with a reasonable
opportunity, after promulgation of regulations, to file an
application for adjustment.
``(3) During certain proceedings.--Notwithstanding any
provision of this Act, an alien who is in removal proceedings
shall have an opportunity to apply for adjustment of status
under this title unless a final administrative determination
has been made.
``(4) Relationships of application to certain orders.--An
alien who is present in the United States and has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of this Act may,
notwithstanding such order, apply for adjustment of status in
accordance with this section. Such an alien shall not be
required to file a separate motion to reopen, reconsider, or
vacate the exclusion, deportation, removal, or voluntary
departure order. If the Secretary of Homeland Security grants
the application, the Secretary shall cancel such order. If the
Secretary of Homeland Security renders a final administrative
decision to deny the application, such order shall be effective
and enforceable to the same extent as if the application had
not been made.
``(k) Administrative and Judicial Review.--
``(1) Administrative review.--
``(A) Single level of administrative appellate
review.--The Secretary of Homeland Security shall
establish an appellate authority within the United
States Citizenship and Immigration Services to provide
for a single level of administrative appellate review
of a determination respecting an application for
adjustment of status under this section.
``(B) Standard for review.--Administrative
appellate review referred to in subparagraph (A) shall
be based solely upon the administrative record
established at the time of the determination on the
application and upon the presentation of additional or
newly discovered evidence during the time of the
pending appeal.
``(2) Judicial review.--
``(A) In general.--There shall be judicial review
in the Federal courts of appeal of the denial of an
application for adjustment of status under this
section. Notwithstanding any other provision of law,
the standard for review of such a denial shall be
governed by subparagraph (B).
``(B) Standard for judicial review.--Judicial
review of a denial of an application under this section
shall be based solely upon the administrative record
established at the time of the review. The findings of
fact and other determinations contained in the record
shall be conclusive unless the applicant can establish
abuse of discretion or that the findings are directly
contrary to clear and convincing facts contained in the
record, considered as a whole.
``(C) Jurisdiction of courts.--
``(i) In general.--Notwithstanding any
other provision of law, the district courts of
the United States shall have jurisdiction over
any cause or claim arising from a pattern or
practice of the Secretary of Homeland Security
in the operation or implementation of this
section that is arbitrary, capricious, or
otherwise contrary to law, and may order any
appropriate relief.
``(ii) Remedies.--A district court may
order any appropriate relief under clause (i)
if the court determines that resolution of such
cause or claim will serve judicial and
administrative efficiency or that a remedy
would otherwise not be reasonably available or
practicable.
``(3) Stay of removal.--Aliens seeking administrative or
judicial review under this subsection shall not be removed from
the United States until a final decision is rendered
establishing ineligibility under this section.
``(l) Confidentiality of Information.--
``(1) In general.--Except as otherwise provided in this
subsection, no Federal agency or bureau, nor any officer,
employee, or agent of such agency or bureau, may--
``(A) use the information furnished by the
applicant pursuant to an application filed under this
section for any purpose other than to make a
determination on the application;
``(B) make any publication through which the
information furnished by any particular applicant can
be identified; or
``(C) permit anyone other than the sworn officers
and employees of such agency or bureau to examine
individual applications.
``(2) Required disclosures.--The Secretary of Homeland
Security shall provide the information furnished pursuant to an
application filed under this section, and any other information
derived from such furnished information, to a duly recognized
law enforcement entity in connection with a criminal
investigation or prosecution or a national security
investigation or prosecution, in each instance about an
individual suspect or group of suspects, when such information
is requested in writing by such entity.
``(3) Criminal penalty.--Any person who knowingly uses,
publishes, or permits information to be examined in violation
of this subsection shall be fined not more than $10,000.
``(m) Penalties for False Statements in Applications.--
``(1) Criminal penalty.--
``(A) Violation.--It shall be unlawful for any
person--
``(i) to file or assist in filing an
application for adjustment of status under this
section and knowingly and willfully falsify,
misrepresent, conceal, or cover up a material
fact or make any false, fictitious, or
fraudulent statements or representations, or
make or use any false writing or document
knowing the same to contain any false,
fictitious, or fraudulent statement or entry;
or
``(ii) to create or supply a false writing
or document for use in making such an
application.
``(B) Penalty.--Any person who violates
subparagraph (A) shall be fined in accordance with
title 18, United States Code, imprisoned not more than
5 years, or both.
``(2) Inadmissibility.--An alien who is convicted of a
crime under paragraph (1) shall be considered to be
inadmissible to the United States on the ground described in
section 212(a)(6)(C)(i).
``(3) Exception.--Notwithstanding paragraphs (1) and (2),
any alien or other entity (including an employer or union) that
submits an employment record that contains incorrect data that
the alien used in order to obtain such employment before the
date on which the Secure America and Orderly Immigration Act is
introduced, shall not, on that ground, be determined to have
violated this section.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 250 the following:
``Sec. 250A. H-5B nonimmigrants.''.
SEC. 702. ADJUSTMENT OF STATUS FOR H-5B NONIMMIGRANTS.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after
section 245A the following:
``adjustment of status of former h-5b nonimmigrant to that of person
admitted for lawful permanent residence
``Sec. 245B. (a) Requirements.--The Secretary shall adjust the
status of an alien from nonimmigrant status under section
101(a)(15)(H)(v)(b) to that of an alien lawfully admitted for permanent
residence under this section if the alien satisfies the following
requirements:
``(1) Completion of employment or education requirement.--
The alien establishes that the alien has been employed in the
United States, either full time, part time, seasonally, or
self-employed, or has met the education requirements of
subsection (f) or (g) of section 250A during the period
required by section 250A(e).
``(2) Rulemaking.--The Secretary shall establish
regulations for the timely filing and processing of
applications for adjustment of status for nonimmigrants under
section 101(a)(15)(H)(v)(b).
``(3) Application and fee.--The alien who applies for
adjustment of status under this section shall pay the
following:
``(A) Application fee.--An alien who files an
application under section 245B of the Immigration and
Nationality Act, shall pay an application fee, set by
the Secretary.
``(B) Additional fine.--Before the adjudication of
an application for adjustment of status filed under
this section, an alien who is at least 21 years of age
shall pay a fine of $1,000.
``(4) Admissible under immigration laws.--The alien
establishes that the alien is not inadmissible under section
212(a), except for any provision of that section that is not
applicable or waived under section 250A(d)(2).
``(5) Medical examination.--The alien shall undergo, at the
alien's expense, an appropriate medical examination (including
a determination of immunization status) that conforms to
generally accepted professional standards of medical practice.
``(6) Payment of income taxes.--
``(A) In general.--Not later than the date on which
status is adjusted under this section, the alien shall
establish the payment of all Federal income taxes owed
for employment during the period of employment required
by section 250A(e) by establishing that--
``(i) no such tax liability exists;
``(ii) all outstanding liabilities have
been met; or
``(iii) the alien has entered into an
agreement for payment of all outstanding
liabilities with the Internal Revenue Service.
``(B) IRS cooperation.--The Commissioner of
Internal Revenue shall provide documentation to an
alien upon request to establish the payment of all
income taxes required by this paragraph.
``(7) Basic citizenship skills.--
``(A) In general.--Except as provided in
subparagraph (B), the alien shall establish that the
alien--
``(i) meets the requirements of section
312; or
``(ii) is satisfactorily pursuing a course
of study to achieve such an understanding of
English and knowledge and understanding of the
history and government of the United States.
``(B) Relation to naturalization examination.--An
alien who demonstrates that the alien meets the
requirements of section 312 may be considered to have
satisfied the requirements of that section for purposes
of becoming naturalized as a citizen of the United
States under title III.
``(8) Security and law enforcement background checks.--The
Secretary shall conduct a security and law enforcement
background check in accordance with procedures described in
section 250A(h).
``(9) Military selective service.--The alien shall
establish that if the alien is within the age period required
under the Military Selective Service Act (50 U.S.C. App. 451 et
seq.), that such alien has registered under that Act.
``(b) Treatment of Spouses and Children.--
``(1) Adjustment of status.--Notwithstanding any other
provision of law, the Secretary of Homeland Security shall--
``(A) adjust the status to that of a lawful
permanent resident under this section, or provide an
immigrant visa to the spouse or child of an alien who
adjusts status to that of a permanent resident under
this section; or
``(B) adjust the status to that of a lawful
permanent resident under this section for an alien who
was the spouse or child of an alien who adjusts status
or is eligible to adjust status to that of a permanent
resident under section 245B in accordance with
subsection (a), if--
``(i) the termination of the qualifying
relationship was connected to domestic
violence; and
``(ii) the spouse or child has been
battered or subjected to extreme cruelty by the
spouse or parent who adjusts status to that of
a permanent resident under this section.
``(2) Application of other law.--In acting on applications
filed under this subsection with respect to aliens who have
been battered or subjected to extreme cruelty, the Secretary of
Homeland Security shall apply the provisions of section
204(a)(1)(J) and the protections, prohibitions, and penalties
under section 384 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
``(c) Judicial Review; Confidentiality; Penalties.--Subsections
(n), (o), and (p) of section 250A shall apply to this section.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 245A the following:
``Sec. 245B. Adjustment of status of former H-5B nonimmigrant to that
of person admitted for lawful permanent
residence.''.
SEC. 703. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (A) or
(B) of''; and
(2) by adding at the end the following:
``(F) Aliens whose status is adjusted from the status
described in section 101(a)(15)(H)(v)(b).''.
SEC. 704. EMPLOYER PROTECTIONS.
(a) Immigration Status of Alien.--Employers of aliens applying for
adjustment of status under section 245B or 250A of the Immigration and
Nationality Act, as added by this title, shall not be subject to civil
and criminal tax liability relating directly to the employment of such
alien prior to such alien receiving employment authorization under this
title.
(b) Provision of Employment Records.--Employers that provide
unauthorized aliens with copies of employment records or other evidence
of employment pursuant to an application for adjustment of status under
section 245B or 250A of the Immigration and Nationality Act or any
other application or petition pursuant to any other immigration law,
shall not be subject to civil and criminal liability under section 274A
of such Act for employing such unauthorized aliens.
(c) Applicability of Other Law.--Nothing in this section may be
used to shield an employer from liability under section 274B of the
Immigration and Nationality Act (8 U.S.C. 1324b) or any other labor or
employment law.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Homeland Security such sums as may be necessary to carry
out this title and the amendments made by this title.
(b) Availability of Funds.--Funds appropriated pursuant subsection
(a) shall remain available until expended.
(c) Sense of Congress.--It is the sense of Congress that funds
authorized to be appropriated under subsection (a) should be directly
appropriated so as to facilitate the orderly and timely commencement of
the processing of applications filed under sections 245B and 250A of
the Immigration and Nationality Act, as added by this Act.
TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD
SEC. 801. RIGHT TO QUALIFIED REPRESENTATION.
Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362)
is amended to read as follows:
``right to qualified representation in immigration matters
``Sec. 292. (a) Authorized Representatives in Immigration
Matters.--Only the following individuals are authorized to represent an
individual in an immigration matter before any Federal agency or
entity:
``(1) An attorney.
``(2) A law student who is enrolled in an accredited law
school, or a graduate of an accredited law school who is not
admitted to the bar, if--
``(A) the law student or graduate is appearing at
the request of the individual to be represented;
``(B) in the case of a law student, the law student
has filed a statement that the law student is
participating, under the direct supervision of a
faculty member, attorney, or accredited representative,
in a legal aid program or clinic conducted by a law
school or nonprofit organization, and that the law
student is appearing without direct or indirect
remuneration from the individual the law student
represents;
``(C) in the case of a graduate, the graduate has
filed a statement that the graduate is appearing under
the supervision of an attorney or accredited
representative and that the graduate is appearing
without direct or indirect remuneration from the
individual the graduate represents; and
``(D) the law student's or graduate's appearance
is--
``(i) permitted by the official before whom
the law student or graduate wishes to appear;
and
``(ii) accompanied by the supervising
faculty member, attorney, or accredited
representative, to the extent required by such
official.
``(3) Any reputable individual, if--
``(A) the individual is appearing on an individual
case basis, at the request of the individual to be
represented;
``(B) the individual is appearing without direct or
indirect remuneration and the individual files a
written declaration to that effect, except as described
in subparagraph (D);
``(C) the individual has a pre-existing
relationship or connection with the individual entitled
to representation, such as a relative, neighbor,
clergyman, business associate, or personal friend,
except that this requirement may be waived, as a matter
of administrative discretion, in cases where adequate
representation would not otherwise be available; and
``(D) if making a personal appearance on behalf of
another individual, the appearance is permitted by the
official before whom the individual wishes to appear,
except that such permission shall not be granted with
respect to any individual who regularly engages in
immigration and naturalization practice or preparation,
or holds himself or herself out to the public as
qualified to do so.
``(4) An individual representing a recognized organization
(as described in subsection (f)) who has been approved to serve
as an accredited representative by the Board of Immigration
Appeals under subsection (f)(2).
``(5) An accredited official, in the United States, of the
government to which an alien owes allegiance, if the official
appears solely in his or her official capacity and with the
consent of the person to be represented.
``(6) An individual who is licensed to practice law and is
in good standing in a court of general jurisdiction of the
country in which the individual resides and who is engaged in
such practice, if the person represents persons only in matters
outside the United States and that the official before whom
such person wishes to appear allows such representation, as a
matter of discretion.
``(7) An attorney, or an organization represented by an
attorney, may appear, on a case-by-case basis, as amicus
curiae, if the Board of Immigration Appeals grants such
permission and the public interest will be served by such
appearance.
``(b) Former Employees.--No individual previously employed by the
Department of Justice, Department of State, Department of Labor, or
Department of Homeland Security may be permitted to act as an
authorized representative under this section, if such authorization
would violate any other applicable provision of Federal law or
regulation. In addition, any application for such authorization must
disclose any prior employment by or contract with such agencies for
services of any nature.
``(c) Advertising.--Only an attorney or an individual approved
under subsection (f)(2) as an accredited representative may advertise
or otherwise hold themselves out as being able to provide
representation in an immigration matter. This provision shall in no way
be deemed to diminish any Federal or State law to regulate, control, or
enforce laws regarding such advertisement, solicitation, or offer of
representation.
``(d) Removal Proceedings.--In any proceeding for the removal of an
individual from the United States and in any appeal proceedings from
such proceeding, the individual shall have the privilege, as the
individual shall choose, of being represented (at no expense to the
Government) by an individual described in subsection (a).
Representation by an individual other than a person described in
subsection (a) may cause the representative to be subject to civil
penalties or such other penalties as may be applicable.
``(e) Benefits Filings.--In any filing or submission for an
immigration related benefit or a determination related to the
immigration status of an individual made to the Department of Homeland
Security, the Department of Labor, or the Department of State, the
individual shall have the privilege, as the individual shall choose, of
being represented (at no expense to the Government) by an individual
described in subsection (a). Representation by an individual other than
an individual described in subsection (a) is cause for the
representative to be subject to civil or criminal penalties, as may be
applicable.
``(f) Recognized Organizations and Accredited Representatives.--
``(1) Recognized organizations.--
``(A) In general.--The Board of Immigration Appeals
may determine that a person is a recognized
organization if such person--
``(i) is a nonprofit religious, charitable,
social service, or similar organization
established in the United States that--
``(I) is recognized by the Board of
Immigration Appeals; and
``(II) is authorized to designate a
representative to appear in an
immigration matter before the
Department of Homeland Security or the
Executive Office for Immigration Review
of the Department of Justice; and
``(ii) demonstrates to the Board that such
person--
``(I) makes only nominal charges
and assesses no excessive membership
dues for individuals given assistance;
and
``(II) has at its disposal adequate
knowledge, information, and experience.
``(B) Bonding.--The Board, in its discretion, may
impose a bond requirement on new organizations seeking
recognition.
``(C) Reporting obligations.--Recognized
organizations shall promptly notify the Board when the
organization no longer meets the requirements for
recognition or when an accredited representative
employed by the recognized organization ceases to be
employed by the recognized organization.
``(2) Accredited representatives.--The Board of Immigration
Appeals shall approve any qualified individual designated by a
recognized organization to serve as an accredited
representative. Such individual must be employed by the
recognized organization and must meet all requirements set
forth in this section and in the accompanying regulations to be
authorized to represent individuals in an immigration matter.
Accredited representatives, through their recognized
organizations, must certify their continuing eligibility for
accreditation every 3 years with the Board of Immigration
Appeals. Accredited representatives who fail to comply with
these requirements shall not have authority to represent
persons in an immigration matter for the recognized
organization.
``(g) Prohibited Acts.--An individual, other than an individual
authorized to represent an individual under this section, may not--
``(1) directly or indirectly provide or offer
representation regarding an immigration matter for compensation
or contribution;
``(2) advertise or solicit representation in an immigration
matter;
``(3) retain any compensation provided for a prohibited act
described in paragraph (1) or (2), regardless of whether any
petition, application, or other document was filed with any
government agency or entity and regardless of whether a
petition, application, or other document was prepared or
represented to have been prepared by such individual;
``(4) represent directly or indirectly that the individual
is an attorney or supervised by or affiliated with an attorney,
when such representation is false; or
``(5) violate any applicable civil or criminal statute or
regulation of a State regarding the provision of representation
by providing or offering to provide immigration or immigration-
related assistance referenced in this subsection.
``(h) Civil Enforcement.--
``(1) In general.--Any person, or any entity acting for the
interests of itself, its members, or the general public
(including a Federal law enforcement official or agency or law
enforcement official or agency of any State or political
subdivision of a State), that has reason to believe that any
person is being or has been injured by reason of a violation of
subsection (g) may commence a civil action in any court of
competent jurisdiction.
``(2) Remedies.--
``(A) Damages.--In any civil action brought under
this subsection, if the court finds that the defendant
has violated subsection (g), it shall award actual
damages, plus the greater of--
``(i) an amount treble the amount of actual
damages; or
``(ii) $1,000 per violation.
``(B) Injunctive relief.--The court may award
appropriate injunctive relief, including temporary,
preliminary, or permanent injunctive relief, and
restitution. Injunctive relief may include, where
appropriate, an order temporarily or permanently
enjoining the defendant from providing any service to
any person in any immigration matter. The court may
make such orders or judgments, including the
appointment of a receiver, as may be necessary to
prevent the commission of any act described in
subsection (g).
``(C) Attorney's fees.--The court shall also grant
a prevailing plaintiff reasonable attorney's fees and
costs, including expert witness fees.
``(D) Civil penalties.--The court may also assess a
civil penalty not exceeding $50,000 for a first
violation, and not exceeding $100,000 for subsequent
violations.
``(E) Cumulative remedies.--Unless otherwise
expressly provided, the remedies or penalties provided
under this paragraph are cumulative to each other and
to the remedies or penalties available under all other
Federal laws or laws of the jurisdiction where the
violation occurred.
``(3) Nonpreemption.--Nothing in this subsection shall be
construed to preempt any other private right of action or any
right of action pursuant to the laws of any jurisdiction.
``(4) Discovery.--Information obtained through discovery in
a civil action under this subsection shall not be used in any
criminal action. Upon the request of any party to a civil
action under this subsection, any part of the court file that
makes reference to information discovered in a civil action
under this subsection may be sealed.
``(i) Nonpreemption of More Protective State and Local Laws.--The
provisions of this section supersede laws, regulations, and municipal
ordinances of any State only to the extent such laws, regulations, and
municipal ordinances impede the application of any provision of this
section. Any State or political subdivision of a State may impose
requirements supplementing those imposed by this section.
``(j) Definitions.--As used in this section--
``(1) the term `attorney' means a person who--
``(A) is a member in good standing of the bar of
the highest court of a State; and
``(B) is not under any order of any court
suspending, enjoining, restraining, disbarring, or
otherwise restricting such person in the practice of
law;
``(2) the term `compensation' means money, property, labor,
promise of payment, or any other consideration provided
directly or indirectly to an individual
``(3) the term `immigration matter' means any proceeding,
filing, or action affecting the immigration or citizenship
status of any person, which arises under any immigration or
nationality law, Executive order, Presidential proclamation, or
action of any Federal agency;
``(4) the term `representation', when used with respect to
the representation of a person, includes--
``(A) the appearance, either in person or through
the preparation or filing of any brief or other
document, paper, application, or petition on behalf of
another person or client, before any Federal agency or
officer; and
``(B) the study of the facts of a case and the
applicable laws, coupled with the giving of advice and
auxiliary activities, including the incidental
preparation of papers; and
``(5) the term `State' includes a State or an outlying
possession of the United States.''.
SEC. 802. PROTECTION OF WITNESS TESTIMONY.
(a) Definition.--Section 101(a)(15)(U)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(i)) is amended--
(1) by inserting in subclause (I) after the phrase ``clause
(iii)'' the following: ``or has suffered substantial financial,
physical, or mental harm as the result of a prohibited act
described in section 292;''
(2) by inserting in subclause (II) after the phrase
``clause (iii)'' the following: ``or section 292'';
(3) by inserting in subclause (III) after the phrase
``clause (iii)'' the following: ``or section 292''; and
(4) by inserting in subclause (IV) after the phrase
``clause (iii)'' the following: ``or section 292''.
(b) Admission of Nonimmigrants.--Section 214(p) of the Immigration
and Nationality Act of (8 U.S.C. 1184(p)) is amended--
(1) in paragraph (1), by inserting ``or section 274E''
after ``section 101(a)(15)(U)(iii)'' each place it appears; and
(2) in paragraph (2)(A), by striking ``10,000'' and
inserting ``15,000''.
TITLE IX--CIVICS INTEGRATION
SEC. 901. FUNDING FOR THE OFFICE OF CITIZENSHIP.
(a) Authorization.--The Secretary of Homeland Security, acting
through the Director of the Bureau of Citizenship and Immigration
Services, is authorized to establish the United States Citizenship
Foundation (referred to in this section as the ``Foundation''), an
organization duly incorporated in the District of Columbia, exclusively
for charitable and educational purposes to support the functions of the
Office of Citizenship (as described in section 451(f)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 271(f)(2)).
(b) Gifts.--
(1) To foundation.--The Foundation may solicit, accept, and
make gifts of money and other property in accordance with
section 501(c)(3) of the Internal Revenue Code of 1986.
(2) From foundation.--The Office of Citizenship may accept
gifts from the Foundation to support the functions of the
Office.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the mission of
the Office of Citizenship.
SEC. 902. CIVICS INTEGRATION GRANT PROGRAM.
(a) In General.--The Secretary of Homeland Security shall establish
a competitive grant program to fund--
(1) efforts by entities certified by the Office of
Citizenship to provide civics and English as a second language
courses; or
(2) other activities approved by the Secretary to promote
civics and English as a second language.
(b) Acceptance of Gifts.--The Secretary may accept and use gifts
from the United States Citizenship Foundation for grants under this
section.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
TITLE X--PROMOTING ACCESS TO HEALTH CARE
SEC. 1001. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED
TO UNDOCUMENTED ALIENS.
Section 1011 of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (42 U.S.C. 1395dd note) is amended--
(1) by striking ``2008'' and inserting ``2011''; and
(2) in subsection (c)(5), by adding at the end the
following:
``(D) Nonimmigrants described in section
101(a)(15)(H)(v) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(v)''.
SEC. 1002. PROHIBITION AGAINST OFFSET OF CERTAIN MEDICARE AND MEDICAID
PAYMENTS.
Payments made under section 1011 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (42 U.S.C. 1395dd note)--
(1) shall not be considered ``third party coverage'' for
the purposes of section 1923 of the Social Security Act (42
U.S.C. 1396r-4); and
(2) shall not impact payments made under such section of
the Social Security Act.
SEC. 1003. PROHIBITION AGAINST DISCRIMINATION AGAINST ALIENS ON THE
BASIS OF EMPLOYMENT IN HOSPITAL-BASED VERSUS NONHOSPITAL-
BASED SITES.
Section 214(l)(1)(C) of the Immigrant and Nationality Act (8 U.S.C.
1184(l)(1)(C) is amended--
(1) in clause (i), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(iii) such interested Federal agency or
interested State agency, in determining which
aliens will be eligible for such waivers, does
not utilize selection criteria, other than as
described in this subsection, that discriminate
on the basis of the alien's employment in a
hospital-based versus nonhospital-based
facility or organization; and''.
SEC. 1004. BINATIONAL PUBLIC HEALTH INFRASTRUCTURE AND HEALTH
INSURANCE.
(a) Study.--
(1) In general.--The Secretary of Health and Human Services
shall contract with the Institute of Medicine of the National
Academies (referred to in this section as the ``Institute'') to
study binational public health infrastructure and health
insurance efforts.
(2) Input.--In conducting the study under paragraph (1),
the Institute shall solicit input from border health experts
and health insurance companies.
(b) Report.--
(1) In general.--Not later than 1 year after the date on
which the Secretary of Health and Human Services enters into a
contract under subsection (a), the Institute shall submit a
report concerning the study conducted under subsection (a) to
the Secretary of Health and Human Services and the appropriate
committees of Congress.
(2) Contents.--The report submitted under paragraph (1)
shall include the recommendations of the Institute on ways to
expand or improve binational public health infrastructure and
health insurance efforts.
TITLE XI--MISCELLANEOUS
SEC. 1101. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-5A
NONIMMIGRANTS.
(a) Ensuring Accurate Count.--The Secretary of State and the
Secretary of Homeland Security shall maintain an accurate count of the
number of aliens subject to the numerical limitations under section
214(g)(1)(C) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(C)) who are issued visas or otherwise provided nonimmigrant
status.
(b) Provision of Information.--
(1) Quarterly notification.--Beginning with the first
fiscal year after regulations are promulgated to implement this
Act, the Secretary of State and the Secretary of Homeland
Security shall submit quarterly reports to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives containing the numbers of aliens
who were issued visas or otherwise provided nonimmigrant status
under section 101(a)(15)(H)(v)(a) of the Immigrant and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(v)(a)) during the
preceding 3-month period.
(2) Annual submission.--Beginning with the first fiscal
year after regulations are promulgated to implement this Act,
the Secretary of Homeland Security shall submit annual reports
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives,
containing information on the countries of origin and
occupations of, geographic area of employment in the United
States, and compensation paid to, aliens who were issued visas
or otherwise provided nonimmigrant status under such section
101(a)(15)(H)(v)(a). The Secretary shall compile such reports
based on the data reported by employers to the Employment
Eligibility Confirmation System established in section 402.
SEC. 1102. H-5 NONIMMIGRANT PETITIONER ACCOUNT.
Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356)
is amended by adding at the end the following:
``(w)(1) There is established in the general fund of the Treasury
of the United States an account, which shall be known as the `H-5
Nonimmigrant Petitioner Account'.
``(2) There shall be deposited as offsetting receipts into the H-5
Nonimmigrant Petitioners Account--
``(A) all fees collected under section 218A; and
``(B) all fines collected under section 212(n)(2)(I).
``(3) Of the fees and fines deposited into the H-5 Nonimmigrant
Petitioner Account--
``(A) 53 percent shall remain available to the Secretary of
Homeland Security for efforts related to the adjudication and
implementation of the H-5 visa programs described in sections
221(a) and 250A and any other efforts necessary to carry out
the provisions of the Secure America and Orderly Immigration
Act and the amendments made by such Act, of which the Secretary
shall allocate--
``(i) 10 percent shall remain available to the
Secretary of Homeland Security for the border security
efforts described in title I of the Secure America and
Orderly Immigration Act.
``(ii) not more than 1 percent to promote public
awareness of the H-5 visa program, to protect migrants
from fraud, and to combat the unauthorized practice of
law described in title III of the Secure America and
Orderly Immigration Act;
``(iii) not more than 1 percent to the Office of
Citizenship to promote civics integration activities
described in section 901 of the Secure America and
Orderly Immigration Act; and
``(iv) 2 percent for the Civics Integration Grant
Program under section 902 of the Secure America and
Orderly Immigration Act.
``(B) 15 percent shall remain available to the Secretary of
Labor for the enforcement of labor standards in those
geographic and occupational areas in which H-5A visa holders
are likely to be employed and for other enforcement efforts
under the Secure America and Orderly Immigration Act;
``(C) 15 percent shall remain available to the Commissioner
of Social Security for the creation and maintenance of the
Employment Eligibility Confirmation System described in section
402 of the Secure America and Orderly Immigration Act;
``(D) 15 percent shall remain available to the Secretary of
State to carry out any necessary provisions of the Secure
America and Orderly Immigration Act; and
``(E) 2 percent shall remain available to the Secretary of
Health and Human Services for the reimbursement of hospitals
serving individuals working under programs established in this
Act.''.
SEC. 1103. ANTI-DISCRIMINATION PROTECTIONS.
Section 274B(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1324b(a)(3)(B)) is amended to read as follows:
``(B) is an alien who is--
``(i) lawfully admitted for permanent
residence;
``(ii) granted the status of an alien
lawfully admitted for temporary residence under
section 210(a) or 245(a)(1);
``(iii) admitted as a refugee under section
207;
``(iv) granted asylum under section 208; or
``(v) granted the status of nonimmigrant
under section 101(a)(15)(H)(v).''.
SEC. 1104. WOMEN AND CHILDREN AT RISK OF HARM.
(a) Certain Children and Women at Risk of Harm.--Section 101(a)(27)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is
amended--
(1) in subparagraph (L), by inserting a semicolon at the
end;
(2) in subparagraph (M), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(N) subject to subsection (j), an immigrant who
is not present in the United States--
``(i) who is--
``(I) referred to a consular,
immigration, or other designated
official by a United States Government
agency, an international organization,
or recognized nongovernmental entity
designated by the Secretary of State
for purposes of such referrals; and
``(II) determined by such official
to be a minor under 18 years of age (as
determined under subsection (j)(5))--
``(aa) for whom no parent
or legal guardian is able to
provide adequate care;
``(bb) who faces a credible
fear of harm related to his or
her age;
``(cc) who lacks adequate
protection from such harm; and
``(dd) for whom it has been
determined to be in his or her
best interests to be admitted
to the United States; or
``(ii) who is--
``(I) referred to a consular or
immigration official by a United States
Government agency, an international
organization or recognized
nongovernmental entity designated by
the Secretary of State for purposes of
such referrals; and
``(II) determined by such official
to be a female who has--
``(aa) a credible fear of
harm related to her sex; and
``(bb) a lack of adequate
protection from such harm.''.
(b) Statutory Construction.--Section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101) is amended by adding at the end the
following:
``(j)(1) No natural parent or prior adoptive parent of any alien
provided special immigrant status under subsection (a)(27)(N)(i) shall
thereafter, by virtue of such parentage, be accorded any right,
privilege, or status under this Act.
``(2)(A) No alien who qualifies for a special immigrant visa under
subsection (a)(27)(N)(ii) may apply for derivative status or petition
for any spouse who is represented by the alien as missing, deceased, or
the source of harm at the time of the alien's application and
admission. The Secretary of Homeland Security may waive this
requirement for an alien who demonstrates that the alien's
representations regarding the spouse were bona fide.
``(B) An alien who qualifies for a special immigrant visa under
subsection (a)(27)(N) may apply for derivative status or petition for
any sibling under the age of 18 years or children under the age of 18
years of any such alien, if accompanying or following to join the
alien. For purposes of this subparagraph, a determination of age shall
be made using the age of the alien on the date the petition is filed
with the Department of Homeland Security.
``(3) An alien who qualifies for a special immigrant visa under
subsection (a)(27)(N) shall be treated in the same manner as a refugee
solely for purposes of section 412.
``(4) The provisions of paragraphs (4), (5), and (7)(A) of section
212(a) shall not be applicable to any alien seeking admission to the
United States under subsection (a)(27)(N), and the Secretary of
Homeland Security may waive any other provision of such section (other
than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of
paragraph (3)) with respect to such an alien for humanitarian purposes,
to assure family unity, or when it is otherwise in the public interest.
Any such waiver by the Secretary of Homeland Security shall be in
writing and shall be granted only on an individual basis following an
investigation. The Secretary of Homeland Security shall provide for the
annual reporting to Congress of the number of waivers granted under
this paragraph in the previous fiscal year and a summary of the reasons
for granting such waivers.
``(5) For purposes of subsection (a)(27)(N)(i)(II), a determination
of age shall be made using the age of the alien on the date on which
the alien was referred to the consular, immigration, or other
designated official.
``(6) The Secretary of Homeland Security shall waive any
application fee for a special immigrant visa for an alien described in
section 101(a)(27)(N).''.
(c) Allocation of Special Immigrant Visas.--Section 203(b)(4) of
the Immigration Nationality Act (8 U.S.C. 1153(b)(4)) is amended by
striking ``(A) or (B) thereof'' and inserting ``(A), (B), or (N) of
such section''.
(d) Expedited Process.--Not later than 45 days after the date of
referral to a consular, immigration, or other designated official as
described in section 101(a)(27)(N) of the Immigration and Nationality
Act, as added by subsection (a), special immigrant status shall be
adjudicated and, if granted, the alien shall be--
(1) paroled to the United States pursuant to section
212(d)(5) of that Act (8 U.S.C. 1182(d)(5)); and
(2) allowed to apply for adjustment of status to permanent
residence under section 245 of that Act (8 U.S.C. 1255) not
later than 1 year after the alien's arrival in the United
States.
(e) Requirement Prior to Entry Into the Untied States.--
(1) Database search.--An alien may not be admitted to the
United States under this section or an amendment made by this
section until the Secretary of Homeland Security has ensured
that a search of each database maintained by an agency or
department of the United States has been conducted to determine
whether such alien is ineligible to be admitted to the Untied
States on criminal, security, or related grounds.
(2) Cooperation and schedule.--The Secretary of Homeland
Security and the head of each appropriate agency or department
of the United States shall work cooperatively to ensure that
each database search required by paragraph (1) is completed not
later than 45 days after the date on which an alien files a
petition seeking a special immigration visa under section
101(a)(27)(N) of the Immigration and Nationality Act, as added
by subsection (a).
(f) Requirement After Entry Into the United States.--
(1) Requirement to submit fingerprints.--
(A) In general.--Not later than 30 days after the
date that an alien enters the United States under this
section or an amendment made by this section, the alien
shall be fingerprinted and submit to the Secretary of
Homeland Security such fingerprints and any other
personal biometric data required by the Secretary.
(B) Other requirements.--The Secretary of Homeland
Security may prescribe regulations that permit
fingerprints submitted by an alien under section 262 of
the Immigration and Nationality Act (8 U.S.C. 1302) or
any other provision of law to satisfy the requirement
to submit fingerprints under subparagraph (A).
(2) Database search.--The Secretary of Homeland Security
shall ensure that a search of each database that contains
fingerprints that is maintained by an agency or department of
the United States be conducted to determine whether such alien
is ineligible for an adjustment of status under any provision
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
on criminal, security, or related grounds.
(3) Cooperation and schedule.--The Secretary of Homeland
Security and the head of each appropriate agency or department
of the United States shall work cooperatively to ensure that
each database search required under paragraph (2) is completed
not later than 180 days after the date on which the alien
enters the United States.
(4) Administrative and judicial review.--
(A) Administrative review.--An alien who is
admitted to the United States under this section or an
amendment made by this section who is determined to be
ineligible for an adjustment of status pursuant to
section 212 of the Immigration and Nationality Act (8
U.S.C. 1182) may appeal such a determination through
the Administrative Appeals Office of the Bureau of
Citizenship and Immigration Services of the Department
of Homeland Security. The Secretary of Homeland
Security shall ensure that a determination on such
appeal is made not later than 60 days after the date on
which the appeal is filed.
(B) Judicial review.--Nothing in this section, or
in an amendment made by this section, may preclude
application of section 242(a)(2)(B) of the Immigration
and Nationality Act (8 U.S.C. 1252(a)(2)(B)).
(g) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall report
to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives on the progress of the
implementation of this section and the amendments made by this section,
including--
(1) data related to the implementation of this section and
the amendments made by this section;
(2) data regarding the number of placements of females and
children who faces a credible fear of harm as referred to in
section 101(a)(27)(N) of the Immigration and Nationality Act,
as added by subsection (a); and
(3) any other information that the Secretary of Homeland
Security determines to be appropriate.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
and the amendments made by this section.
SEC. 1105. EXPANSION OF S VISA.
(a) Expansion of S Visa Classification.--Section 101(a)(15)(S) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) is
amended--
(1) in clause (i)--
(A) by striking ``Attorney General'' each place
that term appears and inserting ``Secretary of Homeland
Security''; and
(B) by striking ``or'' at the end; and
(2) in clause (ii)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by striking ``1956,'' and all that follows
through ``the alien;'' and inserting the following:
``1956; or
``(iii) who the Secretary of Homeland Security and
the Secretary of State, in consultation with the
Director of Central Intelligence, jointly determine--
``(I) is in possession of critical reliable
information concerning the activities of
governments or organizations, or their agents,
representatives, or officials, with respect to
weapons of mass destruction and related
delivery systems, if such governments or
organizations are at risk of developing,
selling, or transferring such weapons or
related delivery systems; and
``(II) is willing to supply or has
supplied, fully and in good faith, information
described in subclause (I) to appropriate
persons within the United States Government;
and, if the Secretary of Homeland Security (or with respect to clause
(ii), the Secretary of State and the Secretary of Homeland Security
jointly) considers it to be appropriate, the spouse, married and
unmarried sons and daughters, and parents of an alien described in
clause (i), (ii), or (iii) if accompanying, or following to join, the
alien;''.
(b) Numerical Limitation.--Section 214(k)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(k)(1)) is amended to read as follows:
``(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S) in any fiscal year
may not exceed 3,500.''.
SEC. 1106. VOLUNTEERS.
It is not a violation of clauses (ii), (iii), or (iv) of
subparagraph (A) for a religious denomination described in section
101(a)(27)(C)(i) or an affiliated religious organization described in
section 101(a)(27)(C)(ii)(III), or their agents or officers, to
encourage, invite, call, allow, or enable an alien, who is already
present in the United States in violation of law to carry on the
violation described in section 101(a)(27)(C)(ii)(I), as a volunteer who
is not compensated as an employee, notwithstanding the provision of
room, board, travel, and other basic living expenses.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5169)
Read twice and referred to the Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line