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SEC. _. REPORT ON Y NONIMMIGRANT VISAS.

(a) IN GENERAL."The Secretary of Homeland Securityshall annually report to Congress on the number ofY nonimmigrant visa holders that do not report at a portof departure and return to their foreign residence, as requiredunder section 218A(j)(3) of the Immigration andNationality Act, as added by section 402 of this Act.

(b) TIMING OF REPORTS."

(1) INITIAL REPORT."The initial report requiredunder subsection (a) shall be submitted toCongress not later than 2 years and 2 months afterthe date on which the Secretary of Homeland Securitymakes the certification described in section 1(a) of this Act.

(2) SUBSEQUENT REPORTS."Following thesubmission of the initial report under paragraph (1),each subsequent report required under subsection

(a) shall be submitted to Congress not later than 60days after the end of each calendar year.

(c) REQUIRED ACTION."Based upon the findings inthe reports required under subsection (a), the Secretary,for the following calendar year, shall reduce the numberof available Y nonimmigrant visas by a number which isequal to the number of Y nonimmigrant visa holders whodo not return to their foreign residence, as required under.section 218A(j)(3) of the Immigration and NationalityAct, as added by section 402 of this Act.

(d) INFORMATION SHARING."Title II of the Immigrationand Nationality Act (8 U.S.C. 1151 et. seq.) isamended by adding after section 240D, as added by section223(a) of this Act, the following:''SEC. 240E. INFORMATION SHARING WITH STATE ANDLOCAL LAW ENFORCEMENT AGENCIES ANDPOLITICAL SUBDIVISIONS AND TRANSFER OFALIENS TO FEDERAL CUSTODY.''(a) AUTHORITY."Consistent with the authority ofState and local law enforcement agencies and political subdivisionsto assist the Federal Government in the enforcementof Federal immigration laws, the Secretary of HomelandSecurity or the Attorney General may make availableinformation collected and maintained pursuant to any provisionof this Act. Nothing in this section may be construedto require law enforcement personnel of a State ora political subdivision to assist in the enforcement of theimmigration laws of the United States.''(b) TRANSFER."If the head of a law enforcemententity of a State (or, if appropriate, a political subdivisionof the State) exercising authority with respect to the apprehensionor arrest of an alien submits a request to theSecretary of Homeland Security that the alien be taken.into Federal custody, the Secretary of Homeland Security"''(1) shall"''(A) deem the request to include the inquiryto verify immigration status described insection 642(c) of the Illegal Immigration Reformand Immigrant Responsibility Act of 1996U.S.C. 1373(c)), and expeditiously informthe requesting entity whether such individual isan alien lawfully admitted to the United Statesor is otherwise lawfully present in the UnitedStates; and''(B) if the individual is an alien who is notlawfully admitted to the United States or otherwiseis not lawfully present in the UnitedStates"''(i) take the illegal alien into the custodyof the Federal Government not laterthan 72 hours after"''(I) the conclusion of the Statecharging process or dismissal process;or''(II) the illegal alien is apprehended,if no State charging or dismissalprocess is required; or.''(ii) request that the relevant State orlocal law enforcement agency temporarilydetain or transport the alien to a locationfor transfer to Federal custody; and''(2) shall designate at least 1 Federal, State,or local prison or jail or a private contracted prisonor detention facility within each State as the centralfacility for that State to transfer custody of aliensto the Department of Homeland Security.''(c) REIMBURSEMENT."''(1) IN GENERAL."The Secretary of HomelandSecurity shall reimburse a State, or a political subdivisionof a State, for expenses, as verified by theSecretary, incurred by the State or political subdivisionin the detention and transportation of an alienas described in subparagraphs (A) and (B) of subsection

(a)(1).''(2) COST COMPUTATION."Compensation providedfor costs incurred under subparagraphs (A) and (B) of subsection (a)(1) shall be equal to"''(A) the product of"''(i) the average daily cost of incarcerationof a prisoner in the relevant State, asdetermined by the chief executive officer of.a State (or, as appropriate, a political subdivisionof the State); multiplied by''(ii) the number of days that the alienwas in the custody of the State or politicalsubdivision; plus''(B) the cost of transporting the alienfrom the point of apprehension or arrest to thelocation of detention, and if the location of detentionand of custody transfer are different, tothe custody transfer point; plus''(C) the cost of uncompensated emergencymedical care provided to a detained alien duringthe period between the time of transmittal ofthe request described in subsection (b) and thetime of transfer into Federal custody.''(d) REQUIREMENT FOR APPROPRIATE SECURITY."The Secretary of Homeland Security shall ensure that"''(1) aliens incarcerated in a Federal facilitypursuant to this section are held in facilities whichprovide an appropriate level of security; and''(2) if practicable, aliens detained solely forcivil violations of Federal immigration law are separatedwithin a facility or facilities.''(e) REQUIREMENT FOR SCHEDULE."In carryingout this section, the Secretary of Homeland Security shall.establish a regular circuit and schedule for the prompttransportation of apprehended aliens from the custody ofthose States, and political subdivisions of States, whichroutinely submit requests described in subsection (b), intoFederal custody.''(f) CONTRACT AUTHORITY."''(1) IN GENERAL."The Secretary of HomelandSecurity may enter into contracts or cooperativeagreements with appropriate State and local law enforcementand detention agencies to implement thissection.''(2) DETERMINATION BY SECRETARY."Priorto entering into a contract or cooperative agreementwith a State or political subdivision of a State underparagraph (1), the Secretary shall determine whetherthe State, or if appropriate, the political subdivisionin which the agencies are located, has in placeany formal or informal policy that violates sectionof the Illegal Immigration Reform and ImmigrantResponsibility Act of 1996 (8 U.S.C. 1373).The Secretary may not allocate any of the fundsmade available under this section to any State or politicalsubdivision that has in place a policy that violatessuch section..''(g) PROVISION OF INFORMATION TO NATIONALCRIME INFORMATION CENTER."''(1) IN GENERAL."Except as provided in paragraph

(3), not later than 180 days after the date ofthe enactment of this Act, the Secretary shall provideto the head of the National Crime InformationCenter of the Department of Justice the informationthat the Secretary has or maintains related to anyalien"''(A) against whom a final order of removalhas been issued;''(B) who enters into a voluntary departureagreement, or is granted voluntary departure byan immigration judge, whose period for departurehas expired under subsection (a)(3) or

(b)(2) of section 240B or who has violated acondition of a voluntary departure agreementunder section 240B;''(C) whom a Federal immigration officerhas confirmed to be unlawfully present in theUnited States; and''(D) whose visa has been revoked.''(2) REMOVAL OF INFORMATION."The head ofthe National Crime Information Center shallpromptly remove any information provided by the.Secretary under paragraph (1) related to an alienwho is granted lawful authority to enter or remainlegally in the United States.''(3) PROCEDURE FOR REMOVAL OF ERRONEOUSINFORMATION."The Secretary, in consultationwith the head of the National Crime InformationCenter of the Department of Justice, shall developand implement a procedure by which an alienmay petition the Secretary or head of the NationalCrime Information Center, as appropriate, to removeany erroneous information provided by the Secretaryunder paragraph (1) related to such alien. Undersuch procedures, failure by the alien to receive noticeof a violation of the immigration laws shall not constitutecause for removing information provided bythe Secretary under paragraph (1) related to suchalien, unless such information is erroneous. Notwithstandingthe 180-day time period set forth in paragraph

(1), the Secretary shall not provide the informationrequired under paragraph (1) until the proceduresrequired by this paragraph are developedand implemented.''.

(e) AUTHORIZATION OF APPROPRIATIONS."Thereare authorized to be appropriated $850,000,000 for fiscalyear 2008 and for each subsequent fiscal year for the de.tention and removal of aliens who are not lawfully presentin the United States under the Immigration and NationalityAct (8 U.S.C. 1101 et. seq.).

(f) DEFINITION OF GOOD MORAL CHARACTER."Section101(f) of the Immigration and Nationality Act (8U.S.C. 1101(f)) is amended"

(1) by inserting after paragraph (1) the following:''(2) an alien described in section 212(a)(3) or237(a)(4), as determined by the Secretary of HomelandSecurity or Attorney General, based upon anyrelevant information or evidence, including classified,sensitive, or national security information;'';

(2) in paragraph (8), by striking ''(as definedin subsection (a)(43))'' and inserting the following:''regardless of whether the crime was defined as anaggravated felony under subsection (a)(43) at thetime of the conviction, unless"''(A) the person completed the term of imprisonmentand sentence not later than 10years before the date of application; and''(B) the Secretary of Homeland Securityor the Attorney General waives the applicationof this paragraph; or''..

(3) in the undesignated matter following paragraph

(9), by striking ''a finding that for other reasonssuch person is or was not of good moral character.''and inserting ''a discretionary finding forother reasons that such a person is or was not ofgood moral character. In determining an applicant'smoral character, the Secretary of Homeland Securityand the Attorney General may take into considerationthe applicant's conduct and acts at any timeand are not limited to the period during which goodmoral character is required.''.

(g) PENDING PROCEEDINGS."Section 204(b) of theImmigration and Nationality Act (8 U.S.C. 1154(b)) isamended by adding at the end the following: ''A petitionmay not be approved under this section if there is anyadministrative or judicial proceeding (whether civil orcriminal) pending against the petitioner that could directlyor indirectly result in the petitioner's denaturalization orthe loss of the petitioner's lawful permanent resident status.''.

(h) CONDITIONAL PERMANENT RESIDENT STATUS."

(1) IN GENERAL."Section 216(e) of the Immigrationand Nationality Act (8 U.S.C. 1186a(e)) isamended by inserting ''if the alien has had the con.ditional basis removed pursuant to this section'' beforethe period at the end.

(2) CERTAIN ALIEN ENTREPRENEURS."Section216A(e) of such Act (8 U.S.C. 1186b(e)) is amendedby inserting ''if the alien has had the conditionalbasis removed pursuant to this section'' before theperiod at the end.

(i) JUDICIAL REVIEW OF NATURALIZATION APPLICATIONS."Section 310(c) of the Immigration and NationalityAct (8 U.S.C. 1421(c)) is amended"

(1) by inserting '', not later than 120 days afterthe Secretary of Homeland Security's final determination,''after ''may''; and

(2) by adding at the end the following: ''In anyproceeding, other than a proceeding under section340, the court shall review for substantial evidencethe administrative record and findings of the Secretaryof Homeland Security regarding whether analien is a person of good moral character, understandsand is attached to the principles of the Constitutionof the United States, or is well disposed tothe good order and happiness of the United States.The petitioner shall have the burden of showing thatthe Secretary's denial of the application was contraryto law.''..

(j) PERSONS ENDANGERING NATIONAL SECURITY."Section 316 of the Immigration and Nationality Act (8U.S.C. 1427) is amended by adding at the end the following:''(g) PERSONS ENDANGERING THE NATIONAL SECURITY."A person may not be naturalized if the Secretaryof Homeland Security determines, based upon any relevantinformation or evidence, including classified, sensitive,or national security information, that the personwas once an alien described in section 212(a)(3) or237(a)(4).''.

(k) CONCURRENT NATURALIZATION AND REMOVALPROCEEDINGS."Section 318 of the Immigration and NationalityAct (8 U.S.C. 1429) is amended by striking ''theAttorney General if'' and all that follows and inserting''the Secretary of Homeland Security or any court if thereis pending against the applicant any removal proceedingor other proceeding to determine the applicant's inadmissibilityor deportability, or to determine whether the applicant'slawful permanent resident status should be rescinded,regardless of when such proceeding was commenced.The findings of the Attorney General in terminatingremoval proceedings or canceling the removal of analien under this Act shall not be deemed binding in anyway upon the Secretary of Homeland Security with respect.to the question of whether such person has established eligibilityfor naturalization in accordance with this title.''.

(l) DISTRICT COURT JURISDICTION."Section 336(b) of the Immigration and Nationality Act (8 U.S.C.1447(b)) is amended to read as follows:''(b) REQUEST FOR HEARING BEFORE DISTRICTCOURT."If there is a failure to render a final administrativedecision under section 335 before the end of the 180dayperiod beginning on the date on which the Secretaryof Homeland Security completes all examinations andinterviews required under such section, the applicant mayapply to the district court for the district in which theapplicant resides for a hearing on the matter. The Secretaryshall notify the applicant when such examinationsand interviews have been completed. Such district courtshall only have jurisdiction to review the basis for delayand remand the matter, with appropriate instructions, tothe Secretary for the Secretary's determination on the application.''..