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S.1348
Comprehensive Immigration Reform Act of 2007 (Placed on Calendar in Senate)

Beginning
May 9, 2007

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
Sec. 1. Short title; table of contents.
SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
SEC. 3. DEFINITIONS.
SEC. 4. SEVERABILITY.
TITLE I—BORDER ENFORCEMENT
Subtitle A—Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.
`SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
SEC. 102. TECHNOLOGICAL ASSETS.
SEC. 103. INFRASTRUCTURE.
SEC. 104. BORDER PATROL CHECKPOINTS.
SEC. 105. PORTS OF ENTRY.
SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE BARRIERS.
Subtitle B—Border Security Plans, Strategies, and Reports

SEC. 111. SURVEILLANCE PLAN.
SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.
SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH AMERICAN SECURITY.
SEC. 114. IMPROVING THE SECURITY OF MEXICO’S SOUTHERN BORDER.
SEC. 115. COMBATING HUMAN SMUGGLING.
SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.
SEC. 117. COOPERATION WITH THE GOVERNMENT OF MEXICO.
Subtitle C—Other Border Security Initiatives

SEC. 121. BIOMETRIC DATA ENHANCEMENTS.
SEC. 122. SECURE COMMUNICATION.
SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.
SEC. 124. US-VISIT SYSTEM.
SEC. 125. DOCUMENT FRAUD DETECTION.
SEC. 126. IMPROVED DOCUMENT INTEGRITY.
SEC. 127. CANCELLATION OF VISAS.
SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.
SEC. 129. BORDER STUDY.
SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN PORTS OF ENTRY.
SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.
`Sec. 556. Evasion of inspection or during violation of arrival, reporting, entry, or clearance requirements
SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND BORDER OF THE UNITED STATES.
SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.
Subtitle D—Border Law Enforcement Relief Act

SEC. 141. SHORT TITLE.
SEC. 142. FINDINGS.
SEC. 143. BORDER RELIEF GRANT PROGRAM.
SEC. 144. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
Subtitle E—Rapid Response Measures

SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS.
SEC. 152. BORDER PATROL MAJOR ASSETS.
SEC. 153. ELECTRONIC EQUIPMENT.
SEC. 154. PERSONAL EQUIPMENT.
SEC. 155. AUTHORIZATION OF APPROPRIATIONS.
TITLE II—INTERIOR ENFORCEMENT

SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.
SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.
SEC. 203. AGGRAVATED FELONY.
SEC. 204. TERRORIST BARS.
SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE, REMOVAL, AND ALIEN SMUGGLING.
`SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.
SEC. 206. ILLEGAL ENTRY.
`SEC. 275. ILLEGAL ENTRY.
SEC. 207. ILLEGAL REENTRY.
`SEC. 276. REENTRY OF REMOVED ALIENS.
SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.
`CHAPTER 75—PASSPORT, VISA, AND IMMIGRATION FRAUD

`Sec. 1541. Trafficking in passports
`Sec. 1542. False statement in an application for a passport
`Sec. 1543. Forgery and unlawful production of a passport
`Sec. 1544. Misuse of a passport
`Sec. 1545. Schemes to defraud aliens
`Sec. 1546. Immigration and visa fraud
`Sec. 1547. Marriage fraud
`Sec. 1548. Attempts and conspiracies
`Sec. 1549. Alternative penalties for certain offenses
`Sec. 1550. Seizure and forfeiture
`Sec. 1551. Additional jurisdiction
`Sec. 1552. Additional venue
`Sec. 1553. Definitions
`Sec. 1554. Authorized law enforcement activities
`Sec. 1555. Exception for refugees, asylees, and other vulnerable persons
SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD OFFENSES.
SEC. 210. INCARCERATION OF CRIMINAL ALIENS.
SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.
SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED STATES UNLAWFULLY.
SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF FIREARMS BY CERTAIN ALIENS.
SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, NATURALIZATION, AND PEONAGE OFFENSES.
`Sec. 3291. Immigration, naturalization, and peonage offenses
SEC. 215. DIPLOMATIC SECURITY SERVICE.
SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.
SEC. 217. CONSTRUCTION.
`SEC. 362. CONSTRUCTION.
SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL LANDS.
SEC. 221. ALTERNATIVES TO DETENTION.
SEC. 222. CONFORMING AMENDMENT.
SEC. 223. REPORTING REQUIREMENTS.
SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
SEC. 225. REMOVAL OF DRUNK DRIVERS.
SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.
SEC. 227. EXPEDITED REMOVAL.
SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.
SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.
`SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.
SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.
SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.
SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.
SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED WITH FEDERAL OFFENSES.
SEC. 235. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.
TITLE III—UNLAWFUL EMPLOYMENT OF ALIENS

SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.
`SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.
SEC. 302. EMPLOYER COMPLIANCE FUND.
SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.
SEC. 304. CLARIFICATION OF INELIGIBILITY FOR MISREPRESENTATION.
SEC. 305. ANTIDISCRIMINATION PROTECTIONS.
TITLE IV—NONIMMIGRANT AND IMMIGRANT VISA REFORM
Subtitle A—Temporary Guest Workers

SEC. 401. IMMIGRATION IMPACT STUDY.
SEC. 402. NONIMMIGRANT TEMPORARY WORKER.
SEC. 403. ADMISSION OF NONIMMIGRANT TEMPORARY GUEST WORKERS.
`SEC. 218A. ADMISSION OF H-2C NONIMMIGRANTS.
SEC. 404. EMPLOYER OBLIGATIONS.
`SEC. 218B. EMPLOYER OBLIGATIONS.
SEC. 405. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.
`SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.
SEC. 406. RULEMAKING; EFFECTIVE DATE.
SEC. 407. RECRUITMENT OF UNITED STATES WORKERS.
SEC. 408. TEMPORARY GUEST WORKER VISA PROGRAM TASK FORCE.
SEC. 409. REQUIREMENTS FOR PARTICIPATING COUNTRIES.
SEC. 410. S VISAS.
SEC. 411. L VISA LIMITATIONS.
SEC. 412. COMPLIANCE INVESTIGATORS.
SEC. 413. VISA WAIVER PROGRAM EXPANSION.
SEC. 414. AUTHORIZATION OF APPROPRIATIONS.
Subtitle B—Immigration Injunction Reform

SEC. 421. SHORT TITLE.
SEC. 422. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.
SEC. 423. EFFECTIVE DATE.
TITLE V—BACKLOG REDUCTION
Subtitle A—Backlog Reduction

SEC. 501. ELIMINATION OF EXISTING BACKLOGS.
SEC. 502. COUNTRY LIMITS.
SEC. 503. ALLOCATION OF IMMIGRANT VISAS.
SEC. 504. RELIEF FOR MINOR CHILDREN AND WIDOWS.
SEC. 505. SHORTAGE OCCUPATIONS.
SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.
SEC. 507. STUDENT VISAS.
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
SEC. 509. CHILDREN OF FILIPINO WORLD WAR II VETERANS.
SEC. 510. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS OF EXTRAORDINARY ARTISTIC ABILITY.
SEC. 511. POWERLINE WORKERS.
SEC. 512. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.
Subtitle B—SKIL Act of 2007

SEC. 521. SHORT TITLE.
SEC. 522. H-1B VISA HOLDERS.
SEC. 523. MARKET-BASED VISA LIMITS.
SEC. 524. UNITED STATES EDUCATED IMMIGRANTS.
SEC. 525. STUDENT VISA REFORM.
SEC. 526. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.
SEC. 527. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.
SEC. 528. STREAMLINING THE ADJUDICATION PROCESS FOR ESTABLISHED EMPLOYERS.
SEC. 529. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA PETITIONS.
SEC. 530. ELIMINATING PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.
SEC. 531. COMPLETION OF BACKGROUND AND SECURITY CHECKS.
SEC. 532. VISA REVALIDATION.
Subtitle C—Preservation of Immigration Benefits for Hurricane Katrina Victims

SEC. 541. SHORT TITLE.
SEC. 542. DEFINITIONS.
SEC. 543. SPECIAL IMMIGRANT STATUS.
SEC. 544. EXTENSION OF FILING OR REENTRY DEADLINES.
SEC. 545. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.
SEC. 546. RECIPIENT OF PUBLIC BENEFITS.
SEC. 547. AGE-OUT PROTECTION.
SEC. 548. EMPLOYMENT ELIGIBILITY VERIFICATION.
SEC. 549. NATURALIZATION.
SEC. 550. DISCRETIONARY AUTHORITY.
SEC. 551. EVIDENTIARY STANDARDS AND REGULATIONS.
SEC. 552. IDENTIFICATION DOCUMENTS.
SEC. 553. WAIVER OF REGULATIONS.
SEC. 554. NOTICES OF CHANGE OF ADDRESS.
SEC. 555. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.
TITLE VI—WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS
Subtitle A—Access to Earned Adjustment and Mandatory Departure and Reentry

SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`SEC. 245C. MANDATORY DEPARTURE AND REENTRY.
Subtitle B—Agricultural Job Opportunities, Benefits, and Security

SEC. 611. SHORT TITLE.
SEC. 612. DEFINITIONS.
CHAPTER 1—PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS

SEC. 613. AGRICULTURAL WORKERS.
SEC. 614. CORRECTION OF SOCIAL SECURITY RECORDS.
CHAPTER 2—REFORM OF H-2A WORKER PROGRAM

SEC. 615. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
`SEC. 218. H-2A EMPLOYER APPLICATIONS.
`SEC. 218E. H-2A EMPLOYMENT REQUIREMENTS.
`SEC. 218F. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS.
`SEC. 218G. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.
`SEC. 218H. DEFINITIONS.
CHAPTER 3—MISCELLANEOUS PROVISIONS

SEC. 616. DETERMINATION AND USE OF USER FEES.
SEC. 617. REGULATIONS.
SEC. 618. REPORT TO CONGRESS.
SEC. 619. EFFECTIVE DATE.
Subtitle C—DREAM Act of 2007

SEC. 621. SHORT TITLE.
SEC. 622. DEFINITIONS.
SEC. 623. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.
SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.
SEC. 626. RETROACTIVE BENEFITS.
SEC. 627. EXCLUSIVE JURISDICTION.
SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.
SEC. 629. CONFIDENTIALITY OF INFORMATION.
SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
SEC. 631. HIGHER EDUCATION ASSISTANCE.
SEC. 632. GAO REPORT.
Subtitle D—Programs To Assist Nonimmigrant Workers

SEC. 641. INELIGIBILITY AND REMOVAL BEFORE APPLICATION PERIOD.
SEC. 642. GRANTS TO SUPPORT PUBLIC EDUCATION AND COMMUNITY TRAINING.
SEC. 643. STRENGTHENING AMERICAN CITIZENSHIP.
SEC. 644. SUPPLEMENTAL IMMIGRATION FEE.
SEC. 645. ADDRESSING POVERTY IN MEXICO.
TITLE VII—MISCELLANEOUS
Subtitle A—Immigration Litigation Reduction
CHAPTER 1—APPEALS AND REVIEW

SEC. 701. ADDITIONAL IMMIGRATION PERSONNEL.
CHAPTER 2—IMMIGRATION REVIEW REFORM

SEC. 702. BOARD OF IMMIGRATION APPEALS.
SEC. 703. IMMIGRATION JUDGES.
SEC. 704. REMOVAL AND REVIEW OF JUDGES.
SEC. 705. LEGAL ORIENTATION PROGRAM.
SEC. 706. RULEMAKING.
SEC. 707. GAO STUDY ON THE APPELLATE PROCESS FOR IMMIGRATION APPEALS.
SEC. 708. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF MAGISTRATES.
Subtitle B—Citizenship Assistance for Members of the Armed Services

SEC. 711. SHORT TITLE.
SEC. 712. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS OF THE ARMED FORCES.
SEC. 713. PROVISION OF INFORMATION ON NATURALIZATION TO MEMBERS OF THE ARMED FORCES.
SEC. 714. PROVISION OF INFORMATION ON NATURALIZATION TO THE PUBLIC.
SEC. 715. REPORTS.
Subtitle C—State Court Interpreter Grant Program

SEC. 721. SHORT TITLE.
SEC. 722. FINDINGS.
SEC. 723. STATE COURT INTERPRETER GRANTS.
SEC. 724. AUTHORIZATION OF APPROPRIATIONS.
Subtitle D—Border Infrastructure and Technology Modernization

SEC. 731. SHORT TITLE.
SEC. 732. DEFINITIONS.
SEC. 733. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
SEC. 734. NATIONAL LAND BORDER SECURITY PLAN.
SEC. 735. EXPANSION OF COMMERCE SECURITY PROGRAMS.
SEC. 736. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
SEC. 737. AUTHORIZATION OF APPROPRIATIONS.
Subtitle E—Family Humanitarian Relief

SEC. 741. SHORT TITLE.
SEC. 742. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF TERRORISM.
SEC. 743. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF TERRORISM.
SEC. 744. EXCEPTIONS.
SEC. 745. EVIDENCE OF DEATH.
SEC. 746. DEFINITIONS.
Subtitle F—Other Matters

SEC. 751. NONCITIZEN MEMBERSHIP IN THE ARMED FORCES.
SEC. 752. SURVEILLANCE TECHNOLOGIES PROGRAMS.
SEC. 753. COMPREHENSIVE IMMIGRATION EFFICIENCY REVIEW.
SEC. 754. NORTHERN BORDER PROSECUTION INITIATIVE.
SEC. 755. SOUTHWEST BORDER PROSECUTION INITIATIVE.
SEC. 756. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
SEC. 757. SCREENING OF MUNICIPAL SOLID WASTE.
SEC. 758. ACCESS TO IMMIGRATION SERVICES IN AREAS THAT ARE NOT ACCESSIBLE BY ROAD.
SEC. 759. BORDER SECURITY ON CERTAIN FEDERAL LAND.
SEC. 760. UNMANNED AERIAL VEHICLES.
SEC. 761. RELIEF FOR WIDOWS AND ORPHANS.
SEC. 762. TERRORIST ACTIVITIES.
SEC. 763. FAMILY UNITY.
SEC. 764. TRAVEL DOCUMENT PLAN.
SEC. 765. ENGLISH AS NATIONAL LANGUAGE.
`CHAPTER 6—LANGUAGE OF THE GOVERNMENT OF THE UNITED STATES

`Sec. 161. Declaration of national language
`Sec. 162. Preserving and enhancing the role of the national language
SEC. 766. REQUIREMENTS FOR NATURALIZATION.
SEC. 767. DECLARATION OF ENGLISH.
SEC. 768. PRESERVING AND ENHANCING THE ROLE OF THE ENGLISH LANGUAGE.
SEC. 769. EXCLUSION OF ILLEGAL ALIENS FROM CONGRESSIONAL APPORTIONMENT TABULATIONS.
SEC. 770. OFFICE OF INTERNAL CORRUPTION INVESTIGATION.
SEC. 771. ADJUSTMENT OF STATUS FOR CERTAIN PERSECUTED RELIGIOUS MINORITIES.
SEC. 772. ELIGIBILITY OF AGRICULTURAL AND FORESTRY WORKERS FOR CERTAIN LEGAL ASSISTANCE.
SEC. 773. DESIGNATION OF PROGRAM COUNTRIES.
SEC. 774. GLOBAL HEALTHCARE COOPERATION.
`SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTHCARE IN DEVELOPING COUNTRIES.
SEC. 775. ATTESTATION BY HEALTHCARE WORKERS.
SEC. 776. PUBLIC ACCESS TO THE STATUE OF LIBERTY.
SEC. 777. NATIONAL SECURITY DETERMINATION.
TITLE VIII—INTERCOUNTRY ADOPTION REFORM

SEC. 801. SHORT TITLE.
SEC. 802. FINDINGS; PURPOSES.
SEC. 803. DEFINITIONS.
Subtitle A—Administration of Intercountry Adoptions

SEC. 811. OFFICE OF INTERCOUNTRY ADOPTIONS.
SEC. 812. RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES.
SEC. 813. TECHNICAL AND CONFORMING AMENDMENT.
SEC. 814. TRANSFER OF FUNCTIONS.
SEC. 815. TRANSFER OF RESOURCES.
SEC. 816. INCIDENTAL TRANSFERS.
SEC. 817. SAVINGS PROVISIONS.
Subtitle B—Reform of United States Laws Governing Intercountry Adoptions

SEC. 821. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR ADOPTED CHILDREN BORN OUTSIDE THE UNITED STATES.
`SEC. 320. CONDITIONS FOR AUTOMATIC CITIZENSHIP FOR CHILDREN BORN OUTSIDE THE UNITED STATES.
SEC. 822. REVISED PROCEDURES.
SEC. 823. NONIMMIGRANT VISAS FOR CHILDREN TRAVELING TO THE UNITED STATES TO BE ADOPTED BY A UNITED STATES CITIZEN.
SEC. 824. DEFINITION OF ADOPTABLE CHILD.
SEC. 825. APPROVAL TO ADOPT.
SEC. 826. ADJUDICATION OF CHILD STATUS.
SEC. 827. FUNDS.
Subtitle C—Enforcement

SEC. 831. CIVIL PENALTIES AND ENFORCEMENT.
SEC. 832. CRIMINAL PENALTIES.
May 10, 2007

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