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The "Secure Borders, Economic Opportunity and Immigration Reform Act of 2007"
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Table of Contents
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SEC. 1. EFFECTIVE DATE TRIGGERS.  (52)
TITLE I"BORDER ENFORCEMENT
Subtitle A"Assets for Controlling United States Borders.  (3)
SEC. 101. ENFORCEMENT PERSONNEL.  (4)
SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
SEC. 102. TECHNOLOGICAL ASSETS.  (1)
SEC. 103. INFRASTRUCTURE.
SEC. 104. PORTS OF ENTRY.
Subtitle B"Other Border Security Initiatives (2)
SEC. 111. BIOMETRIC ENTRY-EXIT SYSTEM.  (6)
SEC. 112. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS CONTROLS.
SEC. 113. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES.
SEC. 114. SEIZURE OF CONVEYANCE WITH CONCEALED COMPARTMENT: EXPANDING THE DEFINITION OF CONVEYANCES WITH HIDDEN COMPARTMENTS SUBJECT TO FORFEITURE.  (1)
Sec. 1703. Seizure and forfeiture of vessels, vehicles, other conveyances and instruments of international traffic";
Subtitle C "Other Measures
SEC. 121. DEATHS AT UNITED STATES-MEXICO BORDER.  (4)
SEC. 122. BORDER SECURITY ON CERTAIN FEDERAL LAND.
SEC. 123. SECURE COMMUNICATION.  (2)
SEC. 124. UNMANNED AIRCRAFT SYSTEMS.
SEC. 125. SURVEILLANCE TECHNOLOGIES PROGRAMS.  (1)
SEC. 126. SURVEILLANCE PLAN.  (3)
SEC. 127. NATIONAL STRATEGY FOR BORDER SECURITY.
SEC. 128. BORDER PATROL TRAINING CAPACITY REVIEW.
SEC. 129. BIOMETRIC DATA ENHANCEMENTS.
SEC. 130. US-VISIT SYSTEM.  (3)
SEC. 131. DOCUMENT FRAUD DETECTION.  (2)
SEC. 132. BORDER RELIEF GRANT PROGRAM.
SEC. 133. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
SEC. 134. NATIONAL LAND BORDER SECURITY PLAN.
SEC. 135. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.  (1)
SEC. 136. COMBATING HUMAN SMUGGLING.  (1)
SEC. 137. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.  (3)
Sec. 138. UNITED STATES-MEXICO BORDER ENFORCEMENT REVIEW COMMISSION.
TITLE II--INTERIOR ENFORCEMENT  (6)
SEC. 201. ADDITIONAL IMMIGRATION PERSONNEL.
SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.
SEC. 203. AGGRAVATED FELONY.
SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE AND REMOVAL.  (2)
SEC. 206. ILLEGAL ENTRY.
SEC. 207. ILLEGAL REENTRY.  (2)
SEC. 276. REENTRY OF REMOVED ALIEN.
SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.
Sec.
Sec. 1541. Trafficking in passports  (2)
Sec. 1542. False statement in an application for a passport.  (1)
Sec. 1543. Forgery and unlawful production of a passport
Sec. 1544. Misuse of a passport  (1)
Sec. 1545. Schemes to defraud aliens
Sec. 1546. Immigration and visa fraud  (1)
Sec. 1547. Marriage fraud
Sec. 1548. Attempts and conspiracies
Sec. 1549. Alternative penalties for certain offenses  (1)
Sec. 1550. Seizure and forfeiture
Sec. 1551. Additional jurisdiction
Sec. 1552. Definitions
Sec. 1553. Authorized law enforcement activities
SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD OFFENSES.
SEC. 210. INCARCERATION OF CRIMINAL ALIENS.  (3)
SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.
SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED STATES UNLAWFULLY.  (1)
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, PASSPORT, AND NATURALIZATION OFFENSES.  (2)
Sec. 3291. IMMIGRATION, PASSPORT, AND NATURALIZATION OFFENSES
SEC. 215. DIPLOMATIC SECURITY SERVICE.
SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.  (2)
SEC. 217. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
SEC. 218. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.  (2)
SEC. 219. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL LANDS.
SEC. 220. ALTERNATIVES TO DETENTION.  (1)
SEC. 221. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
SEC. 222. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.
SEC. 223 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. 224. LAUNDERING OF MONETARY INSTRUMENTS.
SEC. 225. COOPERATIVE ENFORCEMENT PROGRAMS.
SEC. 226. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.
SEC. 227. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
SEC. 228. CANCELLATION OF VISAS.
TITLE III"WORKSITE ENFORCEMENT  (1)
Sec. 301. Purposes.
Sec. 302. Unlawful Employment of Aliens.  (1)
Sec. 303. Effective Date.
Sec. 304. Disclosure of Certain Taxpayer Information to Assist in
Sec. 305. Increasing Security and Integrity of Social Security Cards.
Sec. 306. Increasing Security and Integrity of Identity Documents.
Sec. 307. Voluntary Advanced Verification Program to Combat Identity
Sec. 308. Responsibilities of the Social Security Administration.
Sec. 309. Immigration Enforcement Support by the Internal Revenue  (1)
Sec. 310. Authorization of appropriations.
TITLE III - WORKSITE ENFORCEMENT  (1)
SEC. 301. PURPOSES.  (7)
SEC. 302. UNLAWFUL EMPLOYMENT OF ALIENS.
SEC. 303. EFFECTIVE DATE.
SEC. 304. DISCLOSURE OF CERTAIN TAXPAYER INFORMATION TO ASSIST IN IMMIGRATION ENFORCEMENT.
SEC. 305. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS
SEC. 306. INCREASING SECURITY AND INTEGRITY OF IDENTITY DOCUMENTS
SEC. 308. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION
SEC. 309. IMMIGRATION ENFORCEMENT SUPPORT BY THE INTERNAL REVENUE SERVICE AND THE SOCIAL SECURITY ADMINISTRATION.
SEC. 310. AUTHORIZATION OF APPROPRIATIONS
TITLE IV--NEW TEMPORARY WORKER PROGRAM
SUBTITLE A: SEASONAL NON-AGRICULTURAL AND YEAR-ROUND NONIMMIGRANT TEMPORARY WORKERS (1)
SEC. 401. NONIMMIGRANT TEMPORARY WORKER.
SEC. 402. ADMISSION OF NONIMMIGRANT WORKERS.  (8)
SEC. 218A. ADMISSION OF Y NONIMMIGRANTS.
Sec. 218A. Admission of Y nonimmigrants.'.  (1)
SEC. 403. GENERAL Y NONIMMIGRANT EMPLOYER OBLIGATIONS.
SEC. 218B. GENERAL Y NONIMMIGRANT EMPLOYER OBLIGATIONS.
Sec. 218B. Employer obligations.'.
SUBTITLE B: SEASONAL AGRICULTURAL NONIMMIGRANT TEMPORARY WORKERS
SEC. 404. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
SEC. 218C. H-2A EMPLOYER APPLICATIONS.
SEC. 218D. H-2A EMPLOYMENT REQUIREMENTS.
SEC. 218E. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS.  (1)
SEC. 218F. WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.
SEC. 218G. DEFINITIONS.
Sec.218C.H-2A employer applications.
Sec.218D.H-2A employment requirements.
Sec.218E.Procedure for admission and extension of stay of H-2A
Sec.218F.Worker protections and labor standards enforcement.
Sec.218G.Definitions.".
SEC. 405. DETERMINATION AND USE OF USER FEES.
SEC. 406. REGULATIONS.
SEC. 407. REPORTS TO CONGRESS.
SEC. 408. EFFECTIVE DATE.
SEC. 409. NUMERICAL LIMITATIONS.  (1)
SEC. 410. REQUIREMENTS FOR PARTICIPATING COUNTRIES.
SEC. 411. COMPLIANCE INVESTIGATORS.
SEC. 412. STANDING COMMISSION ON IMMIGRATION AND LABOR MARKETS.
SEC. 412. AGENCY REPRESENTATION AND COORDINATION.  (4)
SEC. 413. BILATERAL EFFORTS WITH MEXICO TO REDUCE MIGRATION PRESSURES AND COSTS.  (3)
SEC. 414. WILLING WORKER-WILLING EMPLOYER ELECTRONIC DATABASE.
SEC. 415. ENUMERATION OF SOCIAL SECURITY NUMBER.
SEC. 416. CONTRACTING.
SEC. 417. FEDERAL RULEMAKING REQUIREMENTS.  (1)
Subtitle C - Nonimmigrant Visa Reform  (7)
SEC. 418. STUDENT VISAS  (1)
SEC. 419. H-1B STREAMLINING AND SIMPLIFICATION
SEC. 420. H-1B EMPLOYER REQUIREMENTS
SEC. 421. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.
SEC. 422. L-1 VISA FRAUD AND ABUSE PROTECTIONS
SEC. 423. WHISTLEBLOWER PROTECTIONS.
SEC. 424. LIMITATIONS ON APPROVAL OF L-1 PETITIONS FOR START-UP COMPANIES
SEC. 425. MEDICAL SERVICES IN UNDERSERVED AREAS
SEC. 426. AUTHORIZATION OF APPROPRIATIONS.
TITLE V"IMMIGRATION BENEFITS
SEC. 501. REBALANCING OF IMMIGRANT VISA ALLOCATION  (1)
SEC. 502. INCREASING AMERICAN COMPETITIVENESS THROUGH A MERIT-BASED EVALUATION SYSTEM FOR IMMIGRANTS  (1)
SEC. 503. REDUCING CHAIN MIGRATION AND PERMITTING PETITIONS BY NATIONALS
SEC. 504. CREATION OF PROCESS FOR IMMIGRATION OF FAMILY MEMBERS IN HARDSHIP CASES.  (1)
SEC. 203A--. IMMIGRANT VISAS FOR HARDSHIP CASES.  (1)
SEC. 505. ELIMINATION OF DIVERSITY VISA PROGRAM
SEC. 506. FAMILY VISITOR VISAS.  (1)
SEC. 507. PREVENTION OF VISA FRAUD
SEC. 508. INCREASING PER-COUNTRY LIMITS FOR FAMILY-BASED AND EMPLOYMENT-BASED IMMIGRANTS
TITLE VI"NONIMMIGRANTS IN THE UNITED STATES PREVIOUSLY IN UNLAWFUL STATUS  (11)
SEC. 601.  (1)
SEC. 602. EARNED ADJUSTMENT FOR Z STATUS ALIENS
SEC. 603. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND JUDICIAL REVIEW FOR ALIENS WHO HAVE APPLIED FOR LEGAL STATUS.
SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.
SEC. 605. EMPLOYER PROTECTIONS.  (3)
SEC. 606. ENUMERATION OF SOCIAL SECURITY NUMBER.
SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS FOR YEARS PRIOR TO ENUMERATION.
SEC. 608. PAYMENT OF PENALTIES AND USE OF PENALTIES COLLECTED.  (2)
SEC. 609. LIMITATIONS ON ELIGIBILITY.
SEC. 610. RULEMAKING.
SEC. 611. AUTHORIZATION OF APPROPRIATIONS.
Subtitle B--DREAM Act  (3)
SEC. 612. SHORT TITLE.
SEC. 613. DEFINITIONS.  (3)
SEC. 614. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.
SEC. 615. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
SEC. 616. HIGHER EDUCATION ASSISTANCE.  (5)
SEC. 617. DELAY OF FINES AND FEES.
SEC. 618. GAO REPORT.  (1)
SEC. 619. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF APPROPRIATIONS.
SEC. 620. CORRECTION OF SOCIAL SECURITY RECORDS.
Subtitle C"Agricultural Workers
SEC. 621. SHORT TITLE.
SEC. 622. ADMISSION OF AGRICULTURAL WORKERS.
SEC. 214A. ADMISSION OF AGRICULTURAL WORKERS.
Sec.214A.Admission of agricultural worker.".
SEC. 623. AGRICULTURAL WORKER IMMIGRATION STATUS ADJUSTMENT ACCOUNT.
SEC. 624. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF APPROPRIATIONS.  (1)
SEC. 625. CORRECTION OF SOCIAL SECURITY RECORDS.
TITLE VII - MISCELLANEOUS
Subtitle A - Miscellaneous Immigration Reform.
Sec. 701. Waiver of Requirement for Fingerprints for Members of the Armed Forces.  (3)
Sec. 702. Declaration of English.  (1)
Sec. 703. Pilot Project Regarding Immigration Practitioner Complaints.
Subtitle B -Assimilation and Naturalization
SEC. 704. The Office of Citizenship and Integration
SEC. 705. Special Provisions for Elderly Immigrants
SEC. 706. Funding for the Office of Citizenship and Integration.  (4)
SEC. 707. Citizenship and Integration Councils
SEC. 708. History and Government Test.  (7)
SEC. 709. English Learning Program.  (1)
SEC. 710. GAO Study on the Appellate Process for Immigration Appeals.


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SEC. 125. SURVEILLANCE TECHNOLOGIES PROGRAMS.

(a) Aerial Surveillance 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; 8 U.S.C. 1701 note), the Secretary, not later than 90 days after the date of enactment of this Act, shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. The goal of the program shall be to ensure continuous monitoring of each mile of each such border.

(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 an 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 use of a variety of aerial surveillance technologies in a variety of topographies and areas, including populated and unpopulated areas located on or near an 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.

(4) CONTINUED USE OF AERIAL SURVEILLANCE TECHNOLOGIES- The Secretary may continue the operation of aerial surveillance technologies while assessing the effectiveness of the utilization of such technologies.

(5) REPORT TO CONGRESS- Not later than 180 days after implementing the program under this subsection, the Secretary shall submit a report to Congress regarding the program developed under this subsection. The Secretary shall include in the report a description of the program together with such recommendations as the Secretary finds appropriate for enhancing the program.

(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

(b) Integrated and Automated Surveillance Program-

(1) REQUIREMENT FOR PROGRAM- Subject to the availability of appropriations, the Secretary shall establish a program to procure additional unmanned aerial vehicles, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a 'virtual fence' along such international borders to provide a barrier to illegal immigration. Such program shall be known as the Integrated and Automated Surveillance Program.

(2) PROGRAM COMPONENTS- The Secretary shall ensure, to the maximum extent feasible, the Integrated and Automated Surveillance Program is carried out in a manner that"

(A) the technologies utilized in the Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras, whereby a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor;

(B) cameras utilized in the Program do not have to be manually operated;

(C) such camera views and positions are not fixed;

(D) surveillance video taken by such cameras can be viewed at multiple designated communications centers;

(E) a standard process is used to collect, catalog, and report intrusion and response data collected under the Program;

(F) future remote surveillance technology investments and upgrades for the Program can be integrated with existing systems;

(G) performance measures are developed and applied that can evaluate whether the Program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States;

(H) plans are developed under the Program to streamline site selection, site validation, and environmental assessment processes to minimize delays of installing surveillance technology infrastructure;

(I) standards are developed under the Program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible; and

(J) standards are developed under the Program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary's mobility and ability to identify illegal border intrusions.

(3) REPORT TO CONGRESS- Not later than 1 year after the initial implementation of the Integrated and Automated Surveillance Program, the Secretary shall submit to Congress a report regarding the Program. The Secretary shall include in the report a description of the Program together with any recommendation that the Secretary finds appropriate for enhancing the program.

(4) EVALUATION OF CONTRACTORS-

(A) REQUIREMENT FOR STANDARDS- The Secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Program.

(B) REVIEW BY THE INSPECTOR GENERAL- The Inspector General of the Department shall timely review each new contract related to the Program that has a value of more than $5,000,000, todetermine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules. The Inspector General shall report the findings of such review to the Secretary in a timely manner. Not later than 30 days after the date the Secretary receives a report of findings from the Inspector General, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report of such findings and a description of any the steps that the Secretary has taken or plans to take in response to such findings.

(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
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