Amendment Text: S.Amdt.1564 — 113th Congress (2013-2014)

There is one version of the amendment.

Shown Here:
Amendment as Submitted (06/24/2013)

This Amendment appears on page S5033-5034 in the following article from the Congressional Record.



[Pages S5030-S5098]
                           TEXT OF AMENDMENTS

  SA 1557. Mr. BLUMENTHAL (for himself, Mrs. Murray, Mr. King, and Mr. 
Harkin) submitted an amendment intended to be proposed to amendment SA 
1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in the amendment, insert the 
     following:

     SEC. ___. WHISTLEBLOWER PROTECTIONS.

       (a) In General.--Section 214(c) (8 U.S.C. 1184(c)) is 
     amended by adding at the end the following:
       ``(15) Whistleblower protections.--
       ``(A) Prohibitions.--A person may not discharge, demote, 
     suspend, threaten, harass, or in any other manner 
     discriminate against an employee in the terms and conditions 
     of employment because such employee--
       ``(i) has filed or is about to file a complaint, instituted 
     or caused to be instituted any proceeding, testified, 
     assisted, or will testify, or cooperated or seeks to 
     cooperate, in an investigation or other proceeding concerning 
     compliance with the requirements under this title or any rule 
     or regulation pertaining to this title or any covered claim;
       ``(ii) has disclosed or is about to disclose information to 
     the person or to any other person or entity, that the 
     employee reasonably believes evidences a violation of this 
     title or any rule or regulation pertaining to this title, or 
     grounds for any covered claim;
       ``(iii) has assisted or participated, or is about to assist 
     or participate, in any manner in a proceeding or in any other 
     action to carry out the purposes of this title or any covered 
     claim;
       ``(iv) furnished, or is about to furnish, information to 
     the Department of Labor, the Department of Homeland Security, 
     the Department of Justice, or any Federal, State, or local 
     regulatory or law enforcement agency relating to a violation 
     of this title or any covered claim; or
       ``(v) objected to, or refused to participate in, any 
     activity, policy, practice, or assigned task that the 
     employee (or other such person) reasonably believed to be in 
     violation of any provision of this Act or any other Act, or 
     any order, rule, regulation, standard, or ban under any Act.
       ``(B) Enforcement.--
       ``(i) In general.--An employee who believes that he or she 
     has suffered a violation of subparagraph (A) may seek relief 
     in accordance with the procedures, notifications, burdens of 
     proof, remedies, and statutes of limitation set forth in 
     section 1514A of title 18, United States Code.
       ``(ii) Stay of removal.--The Attorney General and the 
     Secretary of Homeland Security, after consulting with the 
     Secretary of Labor and the Secretary of Labor has determined 
     that a claim filed under this section for a violation of 
     subparagraph (A) is not frivolous and demonstrates a prima 
     facie case that a violation has occurred, may stay the 
     removal of the nonimmigrant from the United States for time 
     sufficient to participate in an action taken pursuant to this 
     section. Upon the final disposition of the claim filed under 
     this section, either by the Secretary of Labor or by a 
     Federal court, the Secretary of Homeland Security shall 
     adjust the employee's status consistent with such 
     disposition. A determination to deny a stay of removal under 
     this clause shall not deprive an individual of the right to 
     pursue any other avenue for relief from removal proceedings.
       ``(iii) Appeal.--

       ``(I) Jurisdiction.--Any person adversely affected or 
     aggrieved by a final order issued under clause (i) may obtain 
     review of the order in the United States Court of Appeals 
     for--

       ``(aa) the circuit in which the violation, with respect to 
     which the order was issued, allegedly occurred; or
       ``(bb) the circuit in which the complainant resided on the 
     date of such violation.

       ``(II) Filing deadline.--A petition for review under this 
     subparagraph shall be filed not later than 60 days after the 
     date on which the final order was issued by the Secretary of 
     Labor.
       ``(III) Applicable law.--A review under this subparagraph 
     shall conform to the provisions set forth in chapter 7 of 
     title 5, United States Code.
       ``(IV) Stay of order.--Unless ordered by the court, the 
     commencement of proceedings under this subparagraph shall not 
     operate as

[[Page S5031]]

     a stay of the order by the Secretary of Labor.

       ``(C) Education.--Each person, entity, and institution 
     covered by this Act shall--
       ``(i) prominently communicate to all sectors and ranks of 
     its labor force the rights and responsibilities under this 
     Act; and
       ``(ii) provide associated education and training to all 
     sectors and ranks of its labor force through notifications, 
     postings, mailings, and training classes, supplemented with 
     publicly accessible online materials on the requirements of, 
     and developments that would affect the implementation of this 
     Act.
       ``(D) No limitation on rights.--Nothing in this paragraph 
     may be construed to diminish the rights, privileges, or 
     remedies of any person under any Federal or State law, 
     equity, or under any collective bargaining agreement. The 
     rights and remedies set forth in this paragraph may not be 
     waived by any agreement, policy, form, or condition of 
     employment.
       ``(E) Definitions.--In this paragraph:
       ``(i) Covered claim.--The term `covered claim' means any 
     claim, petition, charge, complaint, or grievance filed with, 
     or submitted to, a Federal, State, or local agency or court, 
     relating to the violation of applicable Federal or State 
     labor or employment laws.
       ``(ii) Disclose.--The term `disclose' means to make a 
     formal or informal communication or transmission.
       ``(iii) Employee.--The term `employee' means--

       ``(I) a current or former nonimmigrant alien admitted 
     pursuant to section 101(a)(15)(H)(ii)(B); or
       ``(II) persons performing or formerly performing 
     substantially the same work as such nonimmigrants in a 
     related workplace.''.

       (b) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, and after an opportunity for 
     notice and comment, the Secretary of Labor shall promulgate 
     regulations to carry out the amendment made by subsection 
     (a).
                                 ______
                                 
  SA 1558. Mr. CARPER (for himself, Mr. McCain, and Mr. Udall of 
Colorado) submitted an amendment intended to be proposed to amendment 
SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill 
S. 744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

         In title I, beginning on page 82, strike line 1 and all 
     that follows through page 83, line 11, and insert the 
     following:

     SEC. 1106. DEPLOYING FORCE MULTIPLIERS AT AND BETWEEN PORTS 
                   OF ENTRY.

         (a) Analysis of Operational Requirements Between Ports of 
     Entry.--
         (1) In general.--As part of the Comprehensive Southern 
     Border Security Strategy required to be submitted section 
     5(a), and in order to inform the Secretary about the 
     technologies that may need to be redeployed or replaced 
     pursuant to paragraphs (4) and (5) of such section, the 
     Commissioner of U.S. Customs and Border Protection shall 
     undertake a sector by sector analysis of the border to 
     determine the specific technologies that are most effective 
     in identifying illegal cross-border traffic for each 
     particular Border Patrol sector and station along the border 
     in order to achieve the goal of persistent surveillance.
         (2) Requirements.--The analysis conducted under paragraph 
     (1) shall--
         (A) include a comparison of the costs and benefits for 
     each type of technology;
         (B) estimate total life cycle costs for each type of 
     technology; and
         (C) identify specific performance metrics for assessing 
     the performance of the technologies.
         (b) Enhancements.--In order to achieve surveillance 
     between ports of entry along the Southwest border for 24 
     hours per day and 7 days per week, and using the analysis 
     conducted under subsection (a), the Commissioner of U.S. 
     Customs and Border Protection shall--
         (1) deploy additional mobile, video, and man-portable 
     surveillance systems;
         (2) ensure, to the extent practicable, that all aerial 
     assets, including assets owned before the date of enactment 
     of this Act, are outfitted with advanced sensors that can be 
     used to detect cross-border activity, including infrared 
     cameras, radars, or other technologies as appropriate;
         (3) deploy tethered aerostat systems, including systems 
     to detect low-flying aircraft across the entire border, as 
     well as systems to detect the movement of people and 
     vehicles;
         (4) operate unarmed unmanned aerial vehicles equipped 
     with advanced sensors in every Border Patrol sector to ensure 
     coverage for 24 hours per day and 7 days a week, unless--
         (A) severe or prevailing weather precludes operations in 
     a given sector;
         (B) the Secretary determines that national security 
     requires unmanned aerial vehicles to be deployed elsewhere; 
     or
         (C) the Secretary determines that a request from the 
     governor of a State to deploy unmanned aerial vehicles to 
     assist with disaster recovery efforts or extraordinary law 
     enforcement operations is in the national interest;
         (5) attempt, to the greatest extent practicable, to 
     provide an alternate form of surveillance in a sector from 
     which the Secretary redeployed an unmanned aerial system 
     pursuant to subparagraph (B) or (C) of paragraph (4);
         (6) deploy unarmed additional fixed-wing aircraft and 
     helicopters;
         (7) increase horse patrols in the Southwest border 
     region; and
         (8) acquire and deploy watercraft and other equipment to 
     provide support for border-related maritime anti-crime 
     activities.
         (c) Limitation.--
         (1) In general.--Notwithstanding subsection (b), U.S. 
     Border Patrol may not operate unarmed, unmanned aerial 
     vehicles in the San Diego and El Centro Sectors, except 
     within 3 miles of the Southern border.
         (2) Exception.--The limitation under paragraph (1) shall 
     not restrict--
         (A) the maritime operations of U.S. Customs and Border 
     Protection; or
         (B) the Secretary's authority to deploy unmanned aerial 
     vehicles--
         (i) during a national security emergency;
         (ii) in response to a request from the governor of 
     California for assistance during disaster recovery efforts; 
     or
         (iii) for other law enforcement purposes.
         (d) Fleet Consolidation.--In acquiring technological 
     assets under subsection (b) and section 5(a), the 
     Commissioner of U.S. Customs and Border Protection shall, to 
     the greatest extent practicable, implement a plan for 
     streamlining the fleet of aircraft, helicopters, aerostats, 
     and unmanned aerial vehicles of U.S. Customs and Border 
     Protection to generate savings in maintenance costs and 
     training costs for pilots and other personnel needed to 
     operate the assets.
         (e) Analysis of Operational Requirements at Ports of 
     Entry.--
         (1) In general.--To help facilitate cross-border traffic 
     and provide increased situational awareness of inbound and 
     outbound trade and travel, and in order to inform the 
     Secretary about the technologies that may need to be 
     redeployed or replaced pursuant to paragraphs (4) and (5) of 
     section 5(a), the Commissioner of U.S. Customs and Border 
     Protection shall--
         (A) conduct an assessment of the technology needs at 
     ports of entry; and
         (B) prioritize such technology needs based on the results 
     of the assessment conducted pursuant to subparagraph (A).
         (2) Requirements.--In carrying out subsection (a), the 
     Commissioner of U.S. Customs and Border Protection shall--
         (A) consult with officers and agents in the field; and
         (B) consider a variety of fixed and mobile technologies, 
     including--
         (i) hand-held biometric and document readers;
         (ii) fixed and mobile license plate readers;
         (iii) radio frequency identification documents and 
     readers;
         (iv) interoperable communication devices;
         (v) nonintrusive scanning equipment; and
         (vi) document scanning kiosks.
         (3) Implementation.--Based on the results of the 
     assessment conducted under this subsection, the Commissioner 
     of U.S. Customs and Border Protection shall deploy additional 
     technologies to land, air, and sea ports of entry.
         (f) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated, there are 
     authorized to be appropriated to U.S. Customs and Border 
     Protection such sums as may be necessary to carry out this 
     section during the fiscal years 2014 through 2018.
                                 ______
                                 
  SA 1559. Mr. HEINRICH (for himself, Mr. Udall of New Mexico, and Mrs. 
Gillibrand) submitted an amendment intended to be proposed to amendment 
SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill 
S. 744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

         At the end of section 1104, add the following:
         (e) Land Ports of Entry Construction Projects.--The 
     Secretary shall enhance security, facilitate the movement of 
     people, cargo, and motor vehicles, and efficiently manage 
     resources by working to expeditiously complete land ports of 
     entry construction projects already authorized for 
     construction.
                                 ______
                                 
  SA 1560. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

         At the end of subtitle G of title III, add the following:

     SEC. 3722. DETENTION OF DANGEROUS ALIENS.

         (a) Short Title.--This section may be cited as the ``Keep 
     Our Communities Safe Act of 2013''.
         (b) Sense of Congress.--It is the sense of Congress 
     that--
         (1) this section should ensure that Constitutional rights 
     are upheld and protected;
         (2) it is the intention of the Congress to uphold the 
     Constitutional principles of due process; and
         (3) due process of the law is a right afforded to 
     everyone in the United States.
         (c) Detention of Aliens During Removal Proceedings.--

[[Page S5032]]

         (1) Clerical amendment.--Section 236 (8 U.S.C. 1226) is 
     amended--
         (A) by striking ``Attorney General'' each place it 
     appears (except in the second place it appears in subsection 
     (a)) and inserting ``Secretary of Homeland Security'';
         (B) in subsection (a), by inserting ``the Secretary of 
     Homeland Security or'' before ``the Attorney General--''; and
         (C) in subsection (e), by striking ``Attorney General's'' 
     and inserting ``Secretary of Homeland Security's''.
         (2) Length of detention.--Section 236 (8 U.S.C. 1226) is 
     amended by adding at the end the following:
         ``(f) Length of Detention.--
         ``(1) Notwithstanding any other provision of this 
     section, an alien may be detained under this section for any 
     period, without limitation, except as provided in subsection 
     (h), until the alien is subject to a final order of removal.
         ``(2) The length of detention under this section shall 
     not affect detention under section 241 of this Act.''.
         (3) Detention of criminal aliens.--Section 236(c)(1) (8 
     U.S.C. 1226(c)(1)) is amended, by striking the undesignated 
     matter following subparagraph (D) and inserting the 
     following:
     ``any time after the alien is released, without regard to 
     whether an alien is released related to any activity, 
     offense, or conviction described in this paragraph; to 
     whether the alien is released on parole, supervised release, 
     or probation; or to whether the alien may be arrested or 
     imprisoned again for the same offense. If the activity 
     described in this paragraph does not result in the alien 
     being taken into custody by any person other than the 
     Secretary, then when the alien is brought to the attention of 
     the Secretary or when the Secretary determines it is 
     practical to take such alien into custody, the Secretary 
     shall take such alien into custody.''.
         (4) Administrative review.--Section 236 (8 U.S.C. 1226) 
     is amended by adding at the end the following:
         ``(g) Administrative Review.--
         ``(1) The Attorney General's review of the Secretary's 
     custody determinations under section 236(a) shall be limited 
     to whether the alien may be detained, released on bond (of at 
     least $1,500 with security approved by the Secretary), or 
     released with no bond.
         ``(2) The Attorney General's review of the Secretary's 
     custody determinations for the following classes of aliens:
         ``(A) Aliens in exclusion proceedings.
         ``(B) Aliens described in sections 212(a)(3) and 
     237(a)(4).
         ``(C) Aliens described in section 236(c).
         ``(D) Aliens in deportation proceedings subject to 
     section 242(a)(2) of the Act (as in effect prior to April 1, 
     1997, and as amended by section 440(c) of Public Law 104-
     132); is limited to a determination of whether the alien is 
     properly included in such category.
         ``(h) Release on Bond.--
         ``(1) In general.--An alien detained under subsection (a) 
     may seek release on bond. No bond may be granted except to an 
     alien who establishes by clear and convincing evidence that 
     the alien is not a flight risk or a risk to another person or 
     the community.
         ``(2) Certain aliens ineligible.--No alien detained under 
     subsection (c) may seek release on bond.''.
         (5) Clerical amendments.--Section 236 (8 U.S.C. 1226) is 
     amended--
         (A) in subsection (a)(2)(B), by striking ``conditional 
     parole'' and inserting ``recognizance''; and
         (B) in subsection (b), by striking ``parole'' and 
     inserting ``recognizance''.
         (d) Aliens Ordered Removed.--Section 241(a) (8 U.S.C. 
     1231(a)) is amended--
         (1) by striking ``Attorney General'' each place it 
     appears, except for the first place it appears in paragraph 
     (4)(B)(i), and inserting ``Secretary of Homeland Security'';
         (2) in paragraph (1)--
         (A) by striking subparagraphs (B) and (C) and inserting 
     the following:
         ``(B) Beginning of period.--The removal period begins on 
     the latest of--
         ``(i) the date on which the order of removal becomes 
     administratively final;
         ``(ii) the date on which the alien is taken into such 
     custody if the alien is not in the custody of the Secretary 
     on the date on which the order of removal becomes 
     administratively final; and
         ``(iii) the date on which the alien is taken into the 
     custody of the Secretary after the alien is released from 
     detention or confinement if the alien is detained or confined 
     (except for an immigration process) on the date on which the 
     order of removal becomes administratively final.
         ``(C) Suspension of period.--
         ``(i) Extension.--The removal period shall be extended 
     beyond a period of 90 days and the Secretary may, in the 
     Secretary's sole discretion, keep the alien in detention 
     during such extended period if--

         ``(I) the alien fails or refuses to make all reasonable 
     efforts to comply with the removal order, or to fully 
     cooperate with the Secretary's efforts to establish the 
     alien's identity and carry out the removal order, including 
     making timely application in good faith for travel or other 
     documents necessary to the alien's departure or conspires or 
     acts to prevent the alien's removal that is subject to an 
     order of removal;
         ``(II) a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of removal of an alien who is 
     subject to an administratively final order of removal;
         ``(III) the Secretary transfers custody of the alien 
     pursuant to law to another Federal agency or a State or local 
     government agency in connection with the official duties of 
     such agency; or
         ``(IV) a court or the Board of Immigration Appeals orders 
     a remand to an immigration judge or the Board of Immigration 
     Appeals, during the time period when the case is pending a 
     decision on remand (with the removal period beginning anew on 
     the date that the alien is ordered removed on remand).

         ``(ii) Renewal.--If the removal period has been extended 
     under clause (i), a new removal period shall be deemed to 
     have begun on the date on which--

         ``(I) the alien makes all reasonable efforts to comply 
     with the removal order, or to fully cooperate with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order;
         ``(II) the stay of removal is no longer in effect; or
         ``(III) the alien is returned to the custody of the 
     Secretary.

         ``(iii) Mandatory detention for certain aliens.--The 
     Secretary shall keep an alien described in subparagraphs (A) 
     through (D) of section 236(c)(1) in detention during the 
     extended period described in clause (i).
         ``(iv) Sole form of relief.--An alien may only seek 
     relief from detention under this subparagraph by filing an 
     application for a writ of habeas corpus in accordance with 
     chapter 153 of title 28, United States Code. No alien whose 
     period of detention is extended under this subparagraph shall 
     have the right to seek release on bond.'';
         (3) in paragraph (3)--
         (A) in the matter preceding subparagraph (A), by 
     inserting ``or is not detained pursuant to paragraph (6)'' 
     after ``the removal period''; and
         (B) by amending subparagraph (D) to read as follows:
         ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities that the Secretary prescribes for the 
     alien, in order to prevent the alien from absconding, for the 
     protection of the community, or for other purposes related to 
     the enforcement of the immigration laws.'';
         (4) in paragraph (4)(A), by striking ``paragraph (2)'' 
     and inserting ``subparagraph (B)''; and
         (5) by amending paragraph (6) to read as follows:
         ``(6) Additional rules for detention or release of 
     certain aliens.--
         ``(A) Detention review process for cooperative aliens 
     established.--For an alien who is not otherwise subject to 
     mandatory detention, who has made all reasonable efforts to 
     comply with a removal order and to cooperate fully with the 
     Secretary of Homeland Security's efforts to establish the 
     alien's identity and carry out the removal order, including 
     making timely application in good faith for travel or other 
     documents necessary to the alien's departure, and who has not 
     conspired or acted to prevent removal, the Secretary shall 
     establish an administrative review process to determine 
     whether the alien should be detained or released on 
     conditions. The Secretary shall make a determination whether 
     to release an alien after the removal period in accordance 
     with subparagraph (B). The determination shall include 
     consideration of any evidence submitted by the alien, and may 
     include consideration of any other evidence, including any 
     information or assistance provided by the Secretary of State 
     or other Federal official and any other information available 
     to the Secretary of Homeland Security pertaining to the 
     ability to remove the alien.
         ``(B) Authority to detain beyond removal period.--
         ``(i) In general.--The Secretary of Homeland Security, in 
     the exercise of the Secretary's sole discretion, may continue 
     to detain an alien for 90 days beyond the removal period 
     (including any extension of the removal period under 
     paragraph (1)(C)). An alien whose detention is extended under 
     this subparagraph shall have no right to seek release on 
     bond.
         ``(ii) Specific circumstances.--The Secretary of Homeland 
     Security, in the exercise of the Secretary's sole discretion, 
     may continue to detain an alien beyond the 90 days authorized 
     under clause (i)--

         ``(I) until the alien is removed, if the Secretary, in 
     the Secretary's sole discretion, determines that there is a 
     significant likelihood that the alien--

         ``(aa) will be removed in the reasonably foreseeable 
     future; or
         ``(bb) would be removed in the reasonably foreseeable 
     future, or would have been removed, but for the alien's 
     failure or refusal to make all reasonable efforts to comply 
     with the removal order, or to cooperate fully with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, or conspires or acts to 
     prevent removal;

         ``(II) until the alien is removed, if the Secretary of 
     Homeland Security certifies in writing--

         ``(aa) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
         ``(bb) after receipt of a written recommendation from the 
     Secretary of State,

[[Page S5033]]

     that release of the alien is likely to have serious adverse 
     foreign policy consequences for the United States;
         ``(cc) based on information available to the Secretary of 
     Homeland Security (including classified, sensitive, or 
     national security information, and without regard to the 
     grounds upon which the alien was ordered removed), that there 
     is reason to believe that the release of the alien would 
     threaten the national security of the United States; or
         ``(dd) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, and
         ``(AA) the alien has been convicted of 1 or more 
     aggravated felonies (as defined in section 101(a)(43)(A)) or 
     of 1 or more crimes identified by the Secretary of Homeland 
     Security by regulation, or of 1 or more attempts or 
     conspiracies to commit any such aggravated felonies or such 
     identified crimes, if the aggregate term of imprisonment for 
     such attempts or conspiracies is at least 5 years; or
         ``(BB) the alien has committed 1 or more crimes of 
     violence (as defined in section 16 of title 18, United States 
     Code, but not including a purely political offense) and, 
     because of a mental condition or personality disorder and 
     behavior associated with that condition or disorder, the 
     alien is likely to engage in acts of violence in the future; 
     or

         ``(III) pending a certification under subclause (II), if 
     the Secretary of Homeland Security has initiated the 
     administrative review process not later than 30 days after 
     the expiration of the removal period (including any extension 
     of the removal period under paragraph (1)(C)).

         ``(iii) No right to bond hearing.--An alien whose 
     detention is extended under this subparagraph shall have no 
     right to seek release on bond, including by reason of a 
     certification under clause (ii)(II).
         ``(C) Renewal and delegation of certification.--
         ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (B)(ii)(II) every 6 
     months, after providing an opportunity for the alien to 
     request reconsideration of the certification and to submit 
     documents or other evidence in support of that request. If 
     the Secretary does not renew a certification, the Secretary 
     may not continue to detain the alien under subparagraph 
     (B)(ii)(II).
         ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in item (bb), 
     (cc), or (dd) of subparagraph (B)(ii)(II) below the level of 
     the Assistant Secretary for Immigration and Customs 
     Enforcement.
         ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General or the Attorney General's 
     designee provide for a hearing to make the determination 
     described in item (dd)(BB) of subparagraph (B)(ii)(II).
         ``(D) Release on conditions.--If it is determined that an 
     alien should be released from detention by a Federal court, 
     the Board of Immigration Appeals, or if an immigration judge 
     orders a stay of removal, the Secretary of Homeland Security, 
     in the exercise of the Secretary's discretion, may impose 
     conditions on release as provided under paragraph (3).
         ``(E) Redetention.--The Secretary of Homeland Security, 
     in the exercise of the Secretary's discretion, without any 
     limitations other than those specified in this section, may 
     again detain any alien subject to a final removal order who 
     is released from custody, if removal becomes likely in the 
     reasonably foreseeable future, the alien fails to comply with 
     the conditions of release, or to continue to satisfy the 
     conditions described in subparagraph (A), or if, upon 
     reconsideration, the Secretary, in the Secretary's sole 
     discretion, determines that the alien can be detained under 
     subparagraph (B). This section shall apply to any alien 
     returned to custody pursuant to this subparagraph, as if the 
     removal period terminated on the day of the redetention.
         ``(F) Review of determinations by secretary.--A 
     determination by the Secretary under this paragraph shall not 
     be subject to review by any other agency.''.
         (e) Severability.--If any of the provisions of this 
     section, any amendment made by this section, or the 
     application of any such provision to any person or 
     circumstance, is held to be invalid for any reason, the 
     remainder of this section, the amendments made by this 
     section, and the application of the provisions and amendments 
     made by this section to any other person or circumstance 
     shall not be affected by such holding.
         (f) Effective Dates.--
         (1) Apprehension and detention of aliens.--The amendments 
     made by subsection (c) shall take effect on the date of the 
     enactment of this Act. Section 236 of the Immigration and 
     Nationality Act, as amended by subsection (c), shall apply to 
     any alien in detention under provisions of such section on or 
     after such date of enactment.
         (2) Aliens ordered removed.--The amendments made by 
     subsection (d) shall take effect on the date of the enactment 
     of this Act. Section 241 of the Immigration and Nationality 
     Act, as amended by subsection (d), shall apply to--
         (A) all aliens subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act; and
         (B) acts and conditions occurring or existing before, on, 
     or after such date of enactment.
                                 ______
                                 
  SA 1561. Mr. COATS submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 75, after line 25, add the following:
       (4) Land ports of entry.--The Secretary and the 
     Administrator of the General Services Administration may 
     upgrade, expand, or replace existing land ports of entry to 
     facilitate safe, secure, and efficient cross border movement 
     of people, motor vehicles, and cargo.
                                 ______
                                 
  SA 1562. Mr. COATS submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BREACHED BOND/DETENTION FUND DEPOSITS.

       Section 286(r) (8 U.S.C. 1356(r)) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) There shall be deposited--
       ``(A) as offsetting receipts into the Fund all breached 
     cash and surety bonds, posted under this Act which are 
     recovered by the Department of Homeland Security, and amounts 
     described in section 245(i)(3)(B).; and
       ``(B) into the Fund unclaimed moneys from the `Unclaimed 
     Moneys of Individuals Whose Whereabouts are Unknown' account 
     established pursuant to 31 U.S.C. 1322, from cash received as 
     security on immigration bonds and interest that accrued on 
     such cash, that remains unclaimed for a period of at least 10 
     years from the date it was first transferred into Treasury's 
     Unclaimed Moneys account if the transfer of the unclaimed 
     moneys will occur only after electronic notice is posted for 
     six months and the moneys remain unclaimed after such 
     notice.'';
       (2) in paragraph (3), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security'';
       (3) in paragraph (5)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by striking ``transfers to the general fund,''; and
       (4) by striking paragraph (6).
                                 ______
                                 
  SA 1563. Mr. COATS submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 3, beginning on page 3, strike line 5 and all 
     that follows through ``(i)'' on page 4, line 7, and insert 
     the following:
       (1) Processing of applications for registered provisional 
     immigrant status.--
       (A) In general.--Not earlier than the date on which the 
     Secretary submits to Congress a certification that the 
     Secretary has maintained effective control of high-risk 
     border sectors along the Southern border for a period of not 
     less than 6 months, the Secretary may commence processing 
     applications for registered provisional immigrant status 
     pursuant to section 245B of the Immigration and Nationality 
     Act, as added by section 2101 of this Act.
       (B) High-risk border sector defined.--In this paragraph, 
     the term ``high-risk border sector'' means a border sector in 
     which more than 30,000 individuals were apprehended by the 
     Department during the most recent fiscal year.
       (2) Adjustment of status of registered provisional 
     immigrants.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary may not adjust the status of aliens who have 
     been granted registered provisional immigrant status, except 
     for aliens granted blue card status under section 2201 of 
     this Act or described in section 245D(b) of the Immigration 
     and Nationality Act, until the Secretary, after consultation 
     with the Comptroller General of the United States, submits to 
     the President and Congress a written certification that--
       (i) the Secretary has maintained effective control of the 
     Southern border for a period of not less than 6 months;
       (ii)
                                 ______
                                 
  SA 1564. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:


[[Page S5034]]


       In title II, beginning on page 13, strike line 20 and all 
     that follows through page 26, line 4, and insert the 
     following:
       ``(6) Eligibility after departure.--An alien who departed 
     from the United States while subject to an order of 
     exclusion, deportation, or removal, or pursuant to an order 
     of voluntary departure and who is outside of the United 
     States, or who has reentered the United States illegally 
     after December 31, 2011 without receiving the Secretary's 
     consent to reapply for admission under section 212(a)(9), 
     shall not be eligible to file an application for registered 
     provisional immigrant status.
       ``(7) Suspension of removal during application period.--A 
     registered provisional immigrant may not be detained by the 
     Secretary or removed from the United States unless the 
     Secretary determines that--
       ``(A) such alien is, or has become, removable for any 
     grounds under section 237 for causes arising subsequent to 
     the application or receipt of status;
       ``(B) such alien is, or has become, ineligible for 
     registered provisional immigrant status under subsection 
     (b)(3); or
       ``(C) such alien's registered provisional immigrant status 
     has been terminated or revoked under the provisions of this 
     Act.
                                 ______
                                 
  SA 1565. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In title III, beginning on page 174, strike line 6 and all 
     that follows through page 180, line 5, and insert the 
     following:

     SEC. 3401. REFUGEE FAMILY PROTECTIONS.

       A child of an alien who qualifies for admission as a spouse 
     or child under section 207(c)(2)(A) or 208(b)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A) and 
     1158(b)(3)) shall be entitled to the same status as such 
     alien if the child--
       (1) is accompanying or following to join such alien; and
       (2) is otherwise eligible under section 207(c)(2)(A) or 
     208(b)(3) of the Immigration and Nationality Act.

     SEC. 3402. CLARIFICATION ON DESIGNATION OF CERTAIN REFUGEES.

       (a) Termination of Certain Preferential Treatment in 
     Immigration of Amerasians.--Section 584 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1988 (8 U.S.C. 1101 note) is amended by 
     adding at the end the following:
       ``(f) No visa may be issued under this section if the 
     petition or application for such visa is submitted on or 
     after the date of the enactment of the Border Security, 
     Economic Opportunity, and Immigration Modernization Act.''.
       (b)  Refugee Designation.--Section 207(c)(1) (8 U.S.C. 
     1157(c)(1)) is amended--
       (1) by inserting ``(A)'' before ``Subject to the numerical 
     limitations''; and
       (2) by adding at the end the following:
       ``(B)(i) The President, upon a recommendation of the 
     Secretary of State made in consultation with the Secretary of 
     Homeland Security, and after appropriate consultation, may 
     designate specifically defined groups of aliens--
       ``(I) whose resettlement in the United States is justified 
     by humanitarian concerns or is otherwise in the national 
     interest; and
       ``(II) who--
       ``(aa) share common characteristics that identify them as 
     targets of persecution on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion; or
       ``(bb) having been identified as targets as described in 
     item (aa), share a common need for resettlement due to a 
     specific vulnerability.
       ``(ii) An alien who establishes membership in a group 
     designated under clause (i) to the satisfaction of the 
     Secretary of Homeland Security shall be considered a refugee 
     for purposes of admission as a refugee under this section 
     unless the Secretary determines that such alien 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.
       ``(iii) A designation under clause (i) is for purposes of 
     adjudicatory efficiency and may be revoked by the President 
     at any time after notification to Congress.
       ``(iv) Categories of aliens established under section 599D 
     of the Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 1990 (Public Law 101-167; 8 
     U.S.C. 1157 note)--
       ``(I) shall be designated under clause (i) until the end of 
     the first fiscal year commencing after the date of the 
     enactment of the Border Security, Economic Opportunity, and 
     Immigration Modernization Act; and
       ``(II) shall be eligible for designation thereafter at the 
     discretion of the President, considering, among other 
     factors, whether a country under consideration has been 
     designated by the Secretary of State as a `Country of 
     Particular Concern' for engaging in or tolerating systematic, 
     ongoing, and egregious violations of religious freedom.
       ``(v) A designation under clause (i) shall not influence 
     decisions to grant, to any alien, asylum under section 208, 
     protection under section 241(b)(3), or protection under the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York December 
     10, 1984.
       ``(vi) A decision to deny admission under this section to 
     an alien who establishes to the satisfaction of the Secretary 
     that the alien is a member of a group designated under clause 
     (i) shall--
       ``(I) be in writing; and
       ``(II) state, to the maximum extent feasible, the reason 
     for the denial.
       ``(vii) Refugees admitted pursuant to a designation under 
     clause (i) shall be subject to the number of admissions and 
     be admissible under this section.''.
                                 ______
                                 
  SA 1566. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In title III, beginning on page 174, strike line 6 and all 
     that follows through page 176, line 2.
       In title III, beginning on page 179, strike line 19 and all 
     that follows through page 180, line 5.
                                 ______
                                 
  SA 1567. Mr. GRASSLEY (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 1183 submitted by Mr. 
Leahy (for himself and Mr. Hatch) to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       In title II, on page 35, between lines 2 and 3, insert the 
     following:
       ``(14) Disclosure of social security information.--
       ``(A) In general.--The Secretary may not grant registered 
     provisional immigrant status to an alien under this section 
     unless the alien fully discloses to the Secretary all the 
     names and Social Security account numbers that the alien has 
     ever used to obtain employment in the United States.
       ``(B) Revocation of granted status.--If the Secretary 
     determines that an alien previously granted registered 
     provisional immigrant status under this section has not 
     complied with the requirement in subparagraph (A), the 
     Secretary shall revoke the status of the alien as a 
     registered provisional immigrant.
       ``(C) Notification of rightful assignees.--The Secretary 
     may disclose information received from an alien pursuant to a 
     disclosure under subparagraph (A) to any Federal or State 
     agency authorized to collect such information in order to 
     enable such agency to notify each named individual or 
     rightful assignee of the Social Security account number 
     concerned of the alien's misuse of such name or number to 
     obtain employment.
                                 ______
                                 
  SA 1568. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 3, on page 6, beginning on line 8, strike 
     ``and'' and all that follows through ``(v)'' on line 9, and 
     insert the following:
       (v) the Secretary of the Treasury has certified that the 
     Secretary has collected and deposited into the Treasury, 
     pursuant to section 6(b)(3)(B), an amount equal to the amount 
     transferred from the general fund of the Treasury to the 
     Comprehensive Immigration Reform Trust Fund pursuant to 
     section 6(a)(2)(A); and
       (vi)
                                 ______
                                 
  SA 1569. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In title III, beginning on page 253, strike line 19 and all 
     that follows through the matter preceding line 15 on page 
     271, and insert the following:

     SEC. 3704. ILLEGAL ENTRY.

       (a) In General.--Section 275 (8 U.S.C. 1325) is amended to 
     read as follows:

     ``SEC. 275. ILLEGAL ENTRY.

       ``(a) In General.--
       ``(1) Criminal offenses.--An alien shall be subject to the 
     penalties set forth in paragraph (2) if the alien--
       ``(A) enters, attempts to enter, or crosses the border into 
     the United States at any time or place other than as 
     designated by the Secretary of Homeland Security;
       ``(B) eludes examination or inspection by an immigration 
     officer, or a customs or agriculture inspection at a port of 
     entry; or
       ``(C) attempts to enter or obtains entry to the United 
     States by means of a knowingly false or misleading 
     representation or the concealment of a material fact.
       ``(2) Criminal penalties.--Any alien who violates any 
     provision under paragraph (1)--
       ``(A) shall, for the first violation, be fined under title 
     18, United States Code, imprisoned not more than 12 months, 
     or both;

[[Page S5035]]

       ``(B) shall, for a second or subsequent violation, or 
     following an order of voluntary departure, be fined under 
     such title, imprisoned not more than 3 years, or both;
       ``(C) if the violation occurred after the alien had been 
     convicted of 3 or more misdemeanors or of a felony, shall be 
     fined under such title, imprisoned not more than 10 years, or 
     both; and
       ``(D) if the violation occurred after the alien had been 
     convicted of a felony for which the alien was sentenced to a 
     term of imprisonment, shall be fined under such title, 
     imprisoned not more than 15 years, or both.
       ``(3) Prior convictions.--The prior convictions described 
     in subparagraphs (C) and (D) of paragraph (2) are elements of 
     the offenses described in that paragraph and the penalties in 
     such subparagraphs shall apply only in cases in which the 
     conviction or convictions that form the basis for the 
     additional penalty are--
       ``(A) alleged in the indictment or information; and
       ``(B) proven beyond a reasonable doubt at trial or admitted 
     by the defendant under oath as part of a plea agreement.
       ``(b) Improper Time or Place; Civil Penalties.--Any alien 
     who is apprehended while knowingly entering, attempting to 
     enter, or crossing or attempting to cross the border to the 
     United States at a time or place other than as designated by 
     immigration officers shall be subject to a civil penalty, in 
     addition to any criminal or other civil penalties that may be 
     imposed under any other provision of law, in an amount equal 
     to--
       ``(1) not less than $250 or more than $5,000 for each such 
     entry, crossing, attempted entry, or attempted crossing; or
       ``(2) twice the amount specified in paragraph (1) if the 
     alien had previously been subject to a civil penalty under 
     this subsection.
       ``(c) Fraudulent Marriage.--An individual who knowingly 
     enters into a marriage for the purpose of evading any 
     provision of the immigration laws shall be imprisoned for not 
     more than 5 years, fined not more than $250,000, or both.
       ``(d) Commercial Enterprises.--Any individual who knowingly 
     establishes a commercial enterprise for the purpose of 
     evading any provision of the immigration laws shall be 
     imprisoned for not more than 5 years, fined in accordance 
     with title 18, United States Code, or both.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by striking the item relating to section 275 and inserting 
     the following:

``Sec. 275. Illegal entry.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of the enactment of 
     this Act.

     SEC. 3705. REENTRY OF REMOVED ALIEN.

       Section 276 (8 U.S.C. 1326) is amended to read as follows:

     ``SEC. 276. REENTRY OF REMOVED ALIEN.

       ``(a) Reentry After Removal.--Any alien who has been denied 
     admission, excluded, deported, or removed, or who has 
     departed the United States while an order of exclusion, 
     deportation, or removal is outstanding, and subsequently 
     enters, attempts to enter, crosses the border to, attempts to 
     cross the border to, or is at any time found in the United 
     States, shall be fined under title 18, United States Code, 
     imprisoned not more than 2 years, or both.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection--
       ``(1) was convicted for 3 or more misdemeanors before such 
     removal or departure, the alien shall be fined under title 
     18, United States Code, imprisoned not more than 10 years, or 
     both;
       ``(2) was convicted for an aggravated felony before such 
     removal or departure, the alien shall be fined under such 
     title, imprisoned not more than 20 years, or both;
       ``(3) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 60 months, the alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both;
       ``(4) was convicted for 3 felonies before such removal or 
     departure, the alien shall be fined under such title, 
     imprisoned not more than 20 years, or both, unless the 
     Attorney General expressly consents to the entry or reentry, 
     as the case may be, of the alien; or
       ``(5) was convicted, before such removal or departure, for 
     murder, rape, kidnapping, or a felony offense described in 
     chapter 77 (relating to peonage and slavery) or 113B 
     (relating to terrorism) of such title, the alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both.
       ``(c) Reentry After Repeated Removal.--Any alien who has 
     been denied admission, excluded, or deported and thereafter 
     enters, attempts to enter, crosses the border to, attempts to 
     cross the border to, or is at any time found in the United 
     States, shall be fined under title 18, United States Code, 
     imprisoned not more than 10 years, or both, unless the 
     Attorney General expressly consents to the entry or reentry, 
     as the case may be, of the alien.
       ``(d) Proof of Prior Convictions.--The prior convictions 
     described in subsection (b) are elements of the offenses 
     described in that subsection, and the penalties in such 
     subsection shall apply only in cases in which the conviction 
     or convictions that form the basis for the additional penalty 
     are--
       ``(1) alleged in the indictment or information; and
       ``(2) proven beyond a reasonable doubt at trial or admitted 
     by the defendant under oath as part of a plea agreement.
       ``(e) Affirmative Defenses.--It shall be an affirmative 
     defense to a violation of this section that--
       ``(1) prior to the alleged violation, the alien had sought 
     and received the express consent of the Secretary of Homeland 
     Security to reapply for admission into the United States; or
       ``(2) at the time of the prior exclusion, deportation, 
     removal, or denial of admission alleged in the violation, the 
     alien had not yet reached 18 years of age and had not been 
     convicted of a crime or adjudicated a delinquent minor by a 
     court of the United States, or a court of a state or 
     territory, for conduct that would constitute a felony if 
     committed by an adult.
       ``(f) Limitation on Collateral Attack on Underlying 
     Deportation Order.--In a criminal proceeding under this 
     section, an alien may not challenge the validity of the 
     deportation order described in subsection (a) or subsection 
     (c) unless the alien demonstrates that--
       ``(1) the alien exhausted any administrative remedies that 
     may have been available to seek relief against the order;
       ``(2) the deportation proceedings at which the order was 
     issued improperly deprived the alien of the opportunity for 
     judicial review; and
       ``(3) the entry of the order was fundamentally unfair.
       ``(g) Reentry of Alien Removed Prior to Completion of Term 
     of Imprisonment.--Any alien removed pursuant to section 
     241(a)(4) who enters, attempts to enter, crosses the border 
     to, attempts to cross the border to, or is at any time found 
     in, the United States shall be incarcerated for the remainder 
     of the sentence of imprisonment which was pending at the time 
     of deportation without any reduction for parole or supervised 
     release. Such alien shall be subject to such other penalties 
     relating to the reentry of removed aliens as may be available 
     under this section or any other provision of law.
       ``(h) Limitation.--It is not aiding and abetting a 
     violation of this section for an individual to provide an 
     alien with emergency medical care and food or to transport 
     the alien to a location where such medical care or food can 
     be provided without compensation or the expectation of 
     compensation.
       ``(i) Definitions.--In this section:
       ``(1) Felony.--The term `felony' means any criminal offense 
     punishable by a term of imprisonment of more than 1 year 
     under the laws of the United States, any State, or a foreign 
     government.
       ``(2) Misdemeanor.--The term `misdemeanor' means any 
     criminal offense punishable by a term of imprisonment of not 
     more than 1 year under the applicable laws of the United 
     States, any State, or a foreign government.
       ``(3) Removal.--The term `removal' includes any denial of 
     admission, exclusion, deportation, or removal, or any 
     agreement by which an alien stipulates or agrees to 
     exclusion, deportation, or removal.
       ``(4) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.

     SEC. 3706. PENALTIES RELATED TO REMOVAL.

       (a) Penalties Relating to Vessels and Aircraft.--Section 
     243(c) (8 U.S.C. 1253(c)) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) by striking ``Commissioner'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (3) in paragraph (1)--
       (A) in subparagraph (A), by striking ``$2,000'' and 
     inserting ``$5,000'';
       (B) in subparagraph (B), by striking ``$5,000'' and 
     inserting ``$10,000''; and
       (C) by inserting at the end the following:
       ``(D) Exception.--A person, acting without compensation or 
     the expectation of compensation, is not subject to penalties 
     under this paragraph if the person is--
       ``(i) providing, or attempting to provide, an alien with 
     emergency medical care or food or water; or
       ``(ii) transporting the alien to a location where such 
     medical care, food, or water can be provided without 
     compensation or the expectation of compensation.''.
       (b) Discontinuation of Visas to Nationals of Countries 
     Denying or Delaying Accepting Alien.--Section 243(d) (8 
     U.S.C. 1253(d)) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) by striking ``notifies the Secretary'' and inserting 
     ``notifies the Secretary of State''.

     SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD 
                   OFFENSES.

       (a) Trafficking in Passports.--Section 1541 of title 18, 
     United States Code, is amended to read as follows:

     ``Sec. 1541. Issuance of passports without authority

       ``(a) In Genera.--Subject to subsection (b), any person who 
     knowingly--
       ``(1) and without lawful authority produces, issues, or 
     transfers a passport;
       ``(2) forges, counterfeits, alters, or falsely makes a 
     passport;
       ``(3) secures, possesses, uses, receives, buys, sells, or 
     distributes a passport, knowing the

[[Page S5036]]

     passport to be forged, counterfeited, altered, falsely made, 
     stolen, procured by fraud, or produced or issued without 
     lawful authority; or
       ``(4) completes, mails, prepares, presents, signs, or 
     submits an application for a United States passport, knowing 
     the application to contain any materially false statement or 
     representation,

     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(b) Use in a Terrorism Offense.--Any person who commits 
     an offense described in subsection (a) to facilitate an act 
     of international terrorism (as defined in section 2331) shall 
     be fined under this title, imprisoned not more than 25 years, 
     or both.
       ``(c) Passport Materials.--Any person who knowingly and 
     without lawful authority produces, buys, sells, possesses, or 
     uses any official material (or counterfeit of any official 
     material) to make a passport, including any distinctive 
     paper, seal, hologram, image, text, symbol, stamp, engraving, 
     or plate, shall be fined under this title, imprisoned not 
     more than 20 years, or both.''.
       (b) False Statement in an Application for a Passports.--
     Section 1542 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 1542. False statement in an application for a passport

       ``(a) In General.--Any person who--
       ``(1) knowingly makes any false statement or representation 
     in an application for a United States passport, or mails, 
     prepares, presents, or signs an application for a United 
     States passport knowing the application to contain any false 
     statement or representation and with intent to induce or 
     secure the issuance of a passport under the authority of the 
     United States, either for the person's own use or the use of 
     another, contrary to the laws regulating the issuance of 
     passports or the rules prescribed pursuant to such laws; or
       ``(2) knowingly uses or attempts to use, or furnishes to 
     another for use, any passport the issuance of which was 
     secured in any way by reason of any false statement,

     shall be fined under this title, imprisoned not more than 25 
     years (if the offense was committed to facilitate an act of 
     international terrorism (as defined in section 2331 of this 
     title)), 20 years (if the offense was committed to facilitate 
     a drug trafficking crime (as defined in section 929(a) of 
     this title)), or 15 years (in the case of any other offense), 
     or both.
       ``(b) Venue.--
       ``(1) In general.--An offense under subsection (a) may be 
     prosecuted in any district--
       ``(A) in which the false statement or representation was 
     made or the application for a United States passport was 
     prepared or signed; or
       ``(B) in which or to which the application was mailed or 
     presented.
       ``(2) Offenses outside the united states.--An offense under 
     subsection (a) involving an application prepared and 
     adjudicated outside the United States may be prosecuted in 
     the district in which the resultant passport was or would 
     have been produced.
       ``(c) Savings Clause.--Nothing in this section may be 
     construed to limit the venue otherwise available under 
     sections 3237 and 3238 of this title.''.
       (c) Misuse of a Passport.--Section 1544 of title 18, United 
     States Code, is amended to read as follows:

     ``Sec. 1544. Misuse of a passport

       ``Any person who knowingly--
       ``(1) uses or attempts to use any passport issued or 
     designed for the use of another;
       ``(2) uses or attempts to use any passport in violation of 
     the conditions and restrictions specified in the passport or 
     any rules or regulations prescribed pursuant to the laws 
     regulating the issuance of passports; or
       ``(3) secures, possesses, uses, receives, buys, sells, or 
     distributes any passport knowing the passport to be forged, 
     counterfeited, altered, falsely made, procured by fraud, or 
     produced or issued without lawful authority,

     shall be fined under this title, imprisoned not more than 25 
     years (if the offense was committed to facilitate an act of 
     international terrorism (as defined in section 2331 of this 
     title)), 20 years (if the offense was committed to facilitate 
     a drug trafficking crime (as defined in section 929(a) of 
     this title)) or 15 years (in the case of any other offense), 
     or both.''.
       (d) Schemes to Provide Fraudulent Immigration Services.--
     Section 1545 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 1545. Schemes to provide fraudulent immigration 
       services

       ``(a) In General.--Any person who knowingly executes a 
     scheme or artifice, in connection with any matter that is 
     authorized by or arises under any Federal immigration law or 
     any matter the offender claims or represents is authorized by 
     or arises under any Federal immigration law, to--
       ``(1) defraud any person; or
       ``(2) obtain or receive money or anything else of value 
     from any person by means of false or fraudulent pretenses, 
     representations, or promises,
     shall be fined under this title, imprisoned not more than 10 
     years, or both.
       ``(b) Misrepresentation.--Any person who knowingly and 
     falsely represents that such person is an attorney or an 
     accredited representative (as that term is defined in section 
     1292.1 of title 8, Code of Federal Regulations (or any 
     successor regulation)) in any matter arising under any 
     Federal immigration law shall be fined under this title, 
     imprisoned not more than 15 years, or both.''.
       (e) Immigration and Visa Fraud.--Section 1546 of title 18, 
     United States Code, is amended by amending the section 
     heading to read as follows:

     ``Sec. 1546. Immigration and visa fraud''.

       (f) Alternative Imprisonment Maximum for Certain 
     Offenses.--Section 1547 of title 18, United States Code, is 
     amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``(other than an offense under section 1545)'';
       (2) in paragraph (1), by striking ``15'' and inserting 
     ``20''; and
       (3) in paragraph (2), by striking ``20'' and inserting 
     ``25''.
       (g) Authorized Law Enforcement Activities.--Chapter 75 of 
     title 18, United States Code, is amended by adding after 
     section 1547 the following:

     ``Sec. 1548. Authorized law enforcement activities

       ``Nothing in this chapter may be construed to prohibit--
       ``(1) any lawfully authorized investigative, protective, or 
     intelligence activity of a law enforcement agency of the 
     United States, a State, or a political subdivision of a 
     State, or an intelligence agency of the United States; or
       ``(2) any activity authorized under title V of the 
     Organized Crime Control Act of 1970 (Public Law 91-452; 84 
     Stat. 933).''.
       (h) Table of Sections Amendment.--The table of sections for 
     chapter 75 of title 18, United States Code, is amended to 
     read as follows:

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery or false use of a passport.
``1544. Misuse of a passport.
``1545. Schemes to provide fraudulent immigration services.
``1546. Immigration and visa fraud.
``1547. Alternative imprisonment maximum for certain offenses.
``1548. Authorized law enforcement activities.''.
                                 ______
                                 
  SA 1570. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In title III, beginning on page 247, strike line 11 and all 
     that follows through page 251, line 7, and insert the 
     following:

     SEC. 3701. CRIMINAL GANGS.

       (a) Definition of Criminal Gang.--Section 101(a) (8 U.S.C. 
     1101(a)) is amended by adding after paragraph (54), as added 
     by section 4211(g) of this Act, the following:
       ``(55)(A) The term `criminal gang' means an ongoing group, 
     club, organization, or association of 5 or more persons--
       ``(i) that has as 1 of its primary purposes the commission 
     of 1 or more of the criminal offenses described in 
     subparagraph (B); and
       ``(ii) the members of which engage, or have engaged within 
     the past 5 years, in a continuing series of offenses 
     described in subparagraph (B).
       ``(B) The offenses described in this subparagraph, whether 
     in violation of Federal or State law or in violation of the 
     law of a foreign country, are the following:
       ``(i) A felony drug offense (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802)).
       ``(ii) A felony offense involving firearms or explosives or 
     in violation of section 931 of title 18, United States Code 
     (relating to purchase, ownership, or possession of body armor 
     by violent felons).
       ``(iii) An offense under section 274 (relating to bringing 
     in and harboring certain aliens), section 277 (relating to 
     aiding or assisting certain aliens to enter the United 
     States), or section 278 (relating to importation of alien for 
     immoral purpose).
       ``(iv) A felony crime of violence (as defined in section 16 
     of title 18, United States Code).
       ``(v) A crime involving obstruction of justice, tampering 
     with or retaliating against a witness, victim, or informant, 
     or burglary
       ``(vi) Any conduct punishable under sections 1028 and 1029 
     of title 18, United States Code (relating to fraud and 
     related activity in connection with identification documents 
     or access devices), sections 1581 through 1594 of such title 
     (relating to peonage, slavery and trafficking in persons), 
     section 1952 of such title (relating to interstate and 
     foreign travel or transportation in aid of racketeering 
     enterprises), section 1956 of such title (relating to the 
     laundering of monetary instruments), section 1957 of such 
     title (relating to engaging in monetary transactions in 
     property derived from specified unlawful activity), or 
     sections 2312 through 2315 of such title (relating to 
     interstate transportation of stolen motor vehicles or stolen 
     property).
       ``(vii) Conspiracy to commit an offense described in 
     specified in clauses (i) through (vi).''.
       (b) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
     1182(a)(2)) is amended by inserting after subparagraph (I) 
     the following:
       ``(J) Aliens in criminal gangs.--Any alien is inadmissible 
     who--

[[Page S5037]]

       ``(i) is a member of a criminal gang unless the alien can 
     demonstrate by clear and convincing evidence that the alien 
     did not know, and should not reasonably have known, that the 
     organization was a criminal gang; and
       ``(ii) is determined by an immigration judge to be a danger 
     to the community.''.
       (c) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C. 
     1227(a)(2)) is amended by adding at the end the following:
       ``(G) Aliens in criminal gangs.--Any alien is removable 
     who--
       ``(i) is a member of a criminal gang unless the alien can 
     demonstrate by clear and convincing evidence that the alien 
     did not know, and should not reasonably have known, that the 
     organization was a criminal gang; and
       ``(ii) is determined by an immigration judge to be a danger 
     to the community.''.
       (d) Ground of Ineligibility for Registered Provisional 
     Immigrant Status.--An alien who is 18 years of age or older 
     is ineligible for registered provisional immigrant status if 
     the Secretary determines that the alien--
       (1) is a member of a criminal gang (as defined in section 
     101(a)(55) of the Immigration and Nationality Act, as amended 
     by subsection (a)) unless the alien can demonstrate by clear 
     and convincing evidence that the alien did not know, and 
     should not reasonably have known, that the organization was a 
     criminal gang; and
       (2) has been determined by the Secretary to be a danger to 
     the community.
                                 ______
                                 
  SA 1571. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IDENTITY THEFT.

       (a) Fraud.--Section 1028 of title 18, United States Code, 
     is amended--
       (1) in subsection (a)(7), by striking ``of another person'' 
     and inserting ``that is not his or her own''; and
       (2) in subsection (b)(3)--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by adding ``or'' at the end; and
       (C) by adding at the end the following:
       ``(D) to facilitate or assist in harboring or hiring 
     unauthorized workers in violation of section 274, 274A, or 
     274C of the Immigration and Nationality Act (8 U.S.C. 1324, 
     1324a, and 1324c);''.
       (b) Aggravated Identity Theft.--Section 1028A(a) of such 
     title is amended by striking ``of another person'' both 
     places it appears and inserting ``that is not his or her 
     own''.
                                 ______
                                 
  SA 1572. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ANNUAL AUDITS OF EMPLOYERS OF H-1B AND L 
                   NONIMMIGRANTS.

       (a) H-1B Nonimmigrants.--Section 212(n)(2)(A)(ii)(III) (8 
     U.S.C. 1182 (n)(2)(A)(ii)(III)), as added by section 4221, is 
     amended--
       (1) in item ``(aa)'', by striking ``and'' at the end;
       (2) by redesignating item (bb) as item (cc); and
       (3) by inserting after item (aa) the following:
       ``(bb) conduct annual audits of not less than .05 percent 
     of employers (other than employers covered by item (aa)) that 
     employ H-1B nonimmigrants during the applicable calendar 
     year; and''.
       (b) L Nonimmigrants.--Section 214(c)(2)(J)(viii)(II) (8 
     U.S.C. 1184 (c)(2)(J)(viii)(II)), as added by section 4306, 
     is amended--
       (1) in item ``(aa)'', by striking ``and'' at the end;
       (2) by redesignating item (bb) as item (cc); and
       (3) by inserting after item (aa) the following:
       ``(bb) conduct annual audits of not less than .05 percent 
     of employers (other than employers covered by item (aa)) who 
     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year; and''.
                                 ______
                                 
  SA 1573. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In title IV, on page 56, lines 1 and 2, strike ``if the 
     employer is an H-1B skilled worker dependent employer,''.
                                 ______
                                 
  SA 1574. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In title IV, on page 81, after line 25, add the following:

     SEC. 4226. SUSPENSION OF EMPLOYER PARTICIPATION IN H-1B VISA 
                   PROGRAM.

       Section 212(n)(2) (8 U.S.C. 1182(n)(2), as amended by this 
     chapter, is further amended--
       (1) by redesignating subparagraph (I) as subparagraph (L); 
     and
       (2) by inserting after subparagraph (H) the following:
       ``(I) The Secretary of Homeland Security shall suspend an 
     employer's ability to petition for H-1B nonimmigrants for not 
     less than 2 years if such employer violates this subsection 
     or if the Secretary determines the existence of 1 or more of 
     the following conditions with respect to the employer:
       ``(i) The employer has not taken good faith efforts to 
     recruit United States workers.
       ``(ii) An H-1B nonimmigrant is working at locations not 
     covered by a valid labor condition application.
       ``(iii) An H-1B nonimmigrant is not receiving the wage that 
     the petitioning employer attested to in the labor condition 
     application.
       ``(iv) An H-1B nonimmigrant has been benched without pay or 
     with reduced pay.
       ``(v) An H-1B nonimmigrant is performing job duties that 
     were not consistent with the position description provided by 
     the employer.
       ``(vi) The employer deducts the fees associated with filing 
     the H-1B petition from the H-1B nonimmigrant's salary.
       ``(vii) The employer forged signatures or documents 
     relating to the Form I-129 petition, including documents 
     relating to degree and work experience letters.''.
                                 ______
                                 
  SA 1575. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In title IV, on page 69, beginning on line 16, strike 
     ``and'' and all that follows through ``(bb)'' on line 17, and 
     insert the following:
       ``(bb) conduct annual audits of not less than .05 percent 
     of employers (other than employers covered by item (aa)) that 
     employ H-1B nonimmigrants during the applicable calendar 
     year; and
       ``(cc)

       In title IV, on page 103, beginning on line 11, strike 
     ``and'' and all that follows through ``(bb)'' on line 12, and 
     insert the following:
       ``(bb) conduct annual audits of not less than .05 percent 
     of employers (other than employers covered by item (aa)) who 
     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year; and
       ``(cc)
                                 ______
                                 
  SA 1576. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 534 of the amendment, strike line 7 and 
     all that follows through page 621, line 8, and insert the 
     following:
       ``(D) General participation requirement for new 
     employees.--All employers in the United States shall 
     participate in the System, with respect to all employees 
     hired by such employers on or after the date that is 18 
     months after the date of the enactment of the Border 
     Security, Economic Opportunity, and Immigration Modernization 
     Act.
       ``(E) Immigration law violators.--
       ``(i) Orders finding violations.--An order finding any 
     employer to have violated this section or section 274C may, 
     in the Secretary's discretion, require the employer to 
     participate in the System with respect to newly hired 
     employees and employees with expiring temporary employment 
     authorization documents, if such employer is not otherwise 
     required to participate in the System under this section. The 
     Secretary shall monitor such employer's compliance with 
     System procedures.
       ``(ii) Pattern or practice of violations.--The Secretary 
     may require an employer that is required to participate in 
     the System with respect to newly hired employees to 
     participate in the System with respect to the employer's 
     current employees if the Secretary or other appropriate 
     authority has reasonable cause to believe that the employer 
     is, or has been, engaged in a material violation of this 
     section.
       ``(F)  Voluntary participation.--The Secretary may permit 
     any employer that is not required to participate in the 
     System under this section to do so on a voluntary basis.
       ``(3) Consequence of failure to participate.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the failure, other than a de minimis or inadvertent failure, 
     of an employer that is required to participate in the System 
     to comply with the requirements of the System with respect to 
     an individual--
       ``(i) shall be treated as a violation of subsection 
     (a)(1)(B) with respect to that individual; and

[[Page S5038]]

       ``(ii) creates a rebuttable presumption that the employer 
     has violated paragraph (1)(A) or (2) of subsection (a).
       ``(B) Exception.--
       ``(i) In general.--Subparagraph (A) shall not apply in a 
     criminal prosecution.
       ``(ii) Use as evidence.--Nothing in this paragraph may be 
     construed to limit the use in the prosecution of a Federal 
     crime, in a manner otherwise consistent with Federal criminal 
     law and procedure, of evidence relating to the employer's 
     failure to comply with requirements of the System.
       ``(4) Procedures for participants in the system.--
       ``(A) In general.--An employer participating in the System 
     shall register such participation with the Secretary and, 
     when hiring any individual for employment in the United 
     States, shall comply with the following:
       ``(i) Registration of employers.--The Secretary, through 
     notice in the Federal Register, shall prescribe procedures 
     that employers shall be required to follow to register with 
     the System.
       ``(ii) Updating information.--The employer is responsible 
     for providing notice of any change to the information 
     required under subclauses (I), (II), and (III) of clause (v) 
     before conducting any further inquiries within the System, or 
     on such other schedule as the Secretary may prescribe.
       ``(iii) Training.--The Secretary shall require employers to 
     undergo such training as the Secretary determines to be 
     necessary to ensure proper use, protection of civil rights 
     and civil liberties, privacy, integrity, and security of the 
     System. To the extent practicable, such training shall be 
     made available electronically on the U.S. Citizenship and 
     Immigration Services website.
       ``(iv) Notification to employees.--The employer shall 
     inform individuals hired for employment that the System--

       ``(I) will be used by the employer;
       ``(II) may be used for immigration enforcement purposes; 
     and
       ``(III) may not be used to discriminate or to take adverse 
     action against a national of the United States or an alien 
     who has employment authorized status.

       ``(v) Provision of additional information.--The employer 
     shall obtain from the individual (and the individual shall 
     provide) and shall record in such manner as the Secretary may 
     specify--

       ``(I) the individual's social security account number;
       ``(II) if the individual does not attest to United States 
     citizenship or status as a national of the United States 
     under subsection (c)(2), such identification or authorization 
     number established by the Department as the Secretary shall 
     specify; and
       ``(III) such other information as the Secretary may require 
     to determine the identity and employment authorization of an 
     individual.

       ``(vi) Presentation of documentation.--The employer, and 
     the individual whose identity and employment authorized 
     status are being confirmed, shall fulfill the requirements 
     under subsection (c).
       ``(B) Seeking confirmation.--
       ``(i) In general.--An employer shall use the System to 
     confirm the identity and employment authorized status of any 
     individual during--

       ``(I) the period beginning on the date on which the 
     individual accepts an offer of employment and ending 3 
     business days after the date on which employment begins; or
       ``(II) such other reasonable period as the Secretary may 
     prescribe.

       ``(ii) Limitation.--An employer may not make the starting 
     date of an individual's employment or training or any other 
     term and condition of employment dependent on the receipt of 
     a confirmation of identity and employment authorized status 
     by the System.
       ``(iii) Reverification.--If an individual has a limited 
     period of employment authorized status, the individual's 
     employer shall reverify such status through the System not 
     later than 3 business days after the last day of such period.
       ``(iv) Other employment.--For employers directed by the 
     Secretary to participate in the System under paragraph 
     (2)(C)(i) to protect critical infrastructure or otherwise 
     specified circumstances in this section to verify their 
     entire workforce, the System may be used for initial 
     verification of an individual who was hired before the 
     employer became subject to the System, and the employer shall 
     initiate all required procedures on or before such date as 
     the Secretary shall specify.
       ``(v) Notification.--

       ``(I) In general.--The Secretary shall provide, and the 
     employer shall utilize, as part of the System, a method of 
     notifying employers of a confirmation or nonconfirmation of 
     an individual's identity and employment authorized status, or 
     a notice that further action is required to verify such 
     identity or employment eligibility (referred to in this 
     subsection as a `further action notice').
       ``(II) Procedures.--The Secretary shall--

       ``(aa) directly notify the individual and the employer, by 
     means of electronic correspondence, mail, text message, 
     telephone, or other direct communication, of a 
     nonconfirmation or further action notice;
       ``(bb) provide information about filing an administrative 
     appeal under paragraph (6) and a filing for review before an 
     administrative law judge under paragraph (7); and
       ``(cc) establish procedures to directly notify the 
     individual and the employer of a confirmation.

       ``(III) Implementation.--The Secretary may provide for a 
     phased-in implementation of the notification requirements 
     under this clause, as appropriate. The notification system 
     shall cover all inquiries not later than 1 year from the date 
     of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act.

       ``(vi) Before hiring.--An employer may use the System to 
     confirm the identity and employment authorized status of any 
     individual before the individual is hired, recruited, or 
     referred if the individual consents to such verification. If 
     an employer receives a tentative nonconfirmation for such 
     individual, the employer shall comply with procedures 
     prescribed by the Secretary, including--

       ``(I) providing the individual employees with private, 
     written notification of the finding and written referral 
     instructions;
       ``(II) allowing the individual to contest the finding; and
       ``(III) not taking adverse action against the individual if 
     the individual chooses to contest the finding.

       ``(C) Confirmation or nonconfirmation.--
       ``(i) Initial response.--

       ``(I) In general.--Except as provided in subclause (II), 
     the System shall provide--

       ``(aa) a confirmation of an individual's identity and 
     employment authorized status or a further action notice at 
     the time of the inquiry; and
       ``(bb) an appropriate code indicating such confirmation or 
     such further action notice.

       ``(II) Alternative deadline.--If the System is unable to 
     provide immediate confirmation or further action notice for 
     technological reasons or due to unforeseen circumstances, the 
     System shall provide a confirmation or further action notice 
     not later than 3 business days after the initial inquiry.

       ``(ii) Confirmation upon initial inquiry.--If the employer 
     receives an appropriate confirmation of an individual's 
     identity and employment authorized status under the System, 
     the employer shall record the confirmation in such manner as 
     the Secretary may specify.
       ``(iii) Further action notice and later confirmation or 
     nonconfirmation.--

       ``(I) Notification and acknowledgment that further action 
     is required.--Not later than 3 business days after an 
     employer receives a further action notice of an individual's 
     identity or employment eligibility under the System, or 
     during such other reasonable time as the Secretary may 
     prescribe, the employer shall notify the individual for whom 
     the confirmation is sought of the further action notice and 
     any procedures specified by the Secretary for addressing such 
     notice. The further action notice shall be given to the 
     individual in writing and the employer shall acknowledge in 
     the System under penalty of perjury that it provided the 
     employee with the further action notice. The individual shall 
     affirmatively acknowledge in writing, or in such other manner 
     as the Secretary may specify, the receipt of the further 
     action notice from the employer. If the individual refuses to 
     acknowledge the receipt of the further action notice, or 
     acknowledges in writing that the individual will not contest 
     the further action notice under subclause (II), the employer 
     shall notify the Secretary in such manner as the Secretary 
     may specify.
       ``(II) Contest.--Not later than 10 business days after 
     receiving notification of a further action notice under 
     subclause (I), the individual shall contact the appropriate 
     Federal agency and, if the Secretary so requires, appear in 
     person for purposes of verifying the individual's identity 
     and employment eligibility. The Secretary, in consultation 
     with the Commissioner and other appropriate Federal agencies, 
     shall specify an available secondary verification procedure 
     to confirm the validity of information provided and to 
     provide a confirmation or nonconfirmation. Any procedures for 
     reexamination shall not limit in any way an employee's right 
     to appeal a nonconfirmation.
       ``(III) No contest.--If the individual refuses to 
     acknowledge receipt of the further action notice, 
     acknowledges that the individual will not contest the further 
     action notice as provided in subclause (I), or does not 
     contact the appropriate Federal agency within the period 
     specified in subclause (II), following expiration of the 
     period specified in subclause (II), a nonconfirmation shall 
     be issued. The employer shall record the nonconfirmation in 
     such manner as the Secretary may specify and terminate the 
     individual's employment. An individual's failure to contest a 
     further action notice shall not be considered an admission of 
     guilt with respect to any violation of this section or any 
     provision of law.
       ``(IV) Confirmation or nonconfirmation.--Unless the period 
     is extended in accordance with this subclause, the System 
     shall provide a confirmation or nonconfirmation not later 
     than 10 business days after the date on which the individual 
     contests the further action notice under subclause (II). If 
     the Secretary determines that good cause exists, after taking 
     into account adverse impacts to the employer, and including 
     time to permit the individual to obtain and provide needed 
     evidence of identity or employment eligibility, the Secretary 
     shall extend the period for providing confirmation or 
     nonconfirmation for stated periods beyond 10 business days. 
     When confirmation or nonconfirmation is provided, the 
     confirmation system shall provide an appropriate code 
     indicating such confirmation or nonconfirmation.

[[Page S5039]]

       ``(V) Reexamination.--Nothing in this section shall prevent 
     the Secretary from establishing procedures to reexamine a 
     case where a confirmation or nonconfirmation has been 
     provided if subsequently received information indicates that 
     the confirmation or nonconfirmation may not have been 
     correct. Any procedures for reexamination shall not limit in 
     any way an employee's right to appeal a nonconfirmation.
       ``(VI) Employee protections.--An employer may not terminate 
     employment or take any other adverse action against an 
     individual solely because of a failure of the individual to 
     have identity and employment eligibility confirmed under this 
     subsection until--

       ``(aa) a nonconfirmation has been issued;
       ``(bb) if the further action notice was contested, the 
     period to timely file an administrative appeal has expired 
     without an appeal or the contestation to the further action 
     notice is withdrawn; or
       ``(cc) if an appeal before an administrative law judge 
     under paragraph (7) has been filed, the nonconfirmation has 
     been upheld or the appeal has been withdrawn or dismissed.
       ``(iv) Notice of nonconfirmation.--Not later than 3 
     business days after an employer receives a nonconfirmation, 
     or during such other reasonable time as the Secretary may 
     provide, the employer shall notify the individual who is the 
     subject of the nonconfirmation, and provide information about 
     filing an administrative appeal pursuant to paragraph (6) and 
     a request for a hearing before an administrative law judge 
     pursuant to paragraph (7). The nonconfirmation notice shall 
     be given to the individual in writing and the employer shall 
     acknowledge in the System under penalty of perjury that it 
     provided the notice (or adequately attempted to provide 
     notice, but was unable to do so despite reasonable efforts). 
     The individual shall affirmatively acknowledge in writing, or 
     in such other manner as the Secretary may prescribe, the 
     receipt of the nonconfirmation notice from the employer. If 
     the individual refuses or fails to acknowledge the receipt of 
     the nonconfirmation notice, the employer shall notify the 
     Secretary in such manner as the Secretary may prescribe.
       ``(D) Consequences of nonconfirmation.--
       ``(i) Termination of continued employment.--Except as 
     provided in clause (iii), an employer that has received a 
     nonconfirmation regarding an individual and has made 
     reasonable efforts to notify the individual in accordance 
     with subparagraph (C)(iv) shall terminate the employment of 
     the individual upon the expiration of the time period 
     specified in paragraph (7).
       ``(ii) Continued employment after nonconfirmation.--If the 
     employer continues to employ an individual after receiving 
     nonconfirmation and exhaustion of all appeals or expiration 
     of all rights to appeal if not appealed, in violation of 
     clause (i), a rebuttable presumption is created that the 
     employer has violated paragraphs (1)(A) and (2) of subsection 
     (a). Such presumption shall not apply in any prosecution 
     under subsection (k)(1).
       ``(iii) Effect of administrative appeal or review by 
     administrative law judge.--If an individual files an 
     administrative appeal of the nonconfirmation within the time 
     period specified in paragraph (6)(A), or files for review 
     with an administrative law judge specified in paragraph 
     (7)(A), the employer shall not terminate the individual's 
     employment under this subparagraph prior to the resolution of 
     the administrative appeal unless the Secretary or 
     Commissioner terminates the stay under paragraph (6)(B) or 
     (7)(B).
       ``(iv) Weekly report.--The Director of U.S. Citizenship and 
     Immigration Services shall submit a weekly report to the 
     Assistant Secretary for Immigration and Customs Enforcement 
     that includes, for each individual who receives final 
     nonconfirmation through the System--

       ``(I) the name of such individual;
       ``(II) his or her social security number or alien file 
     number;
       ``(III) the name and contact information for his or her 
     current employer; and
       ``(IV) any other critical information that the Assistant 
     Secretary determines to be appropriate.

       ``(E) Obligation to respond to queries and additional 
     information.--
       ``(i) In general.--Employers shall comply with requests for 
     information from the Secretary and the Special Counsel for 
     Immigration-Related Unfair Employment Practices of the 
     Department of Justice, including queries concerning current 
     and former employees, within the time frame during which 
     records are required to be maintained under this section 
     regarding such former employees, if such information relates 
     to the functioning of the System, the accuracy of the 
     responses provided by the System, or any suspected misuse, 
     discrimination, fraud, or identity theft in the use of the 
     System. Failure to comply with a request under this clause 
     constitutes a violation of subsection (a)(1)(B).
       ``(ii) Action by individuals.--

       ``(I) In general.--Individuals being verified through the 
     System may be required to take further action to address 
     questions identified by the Secretary or the Commissioner 
     regarding the documents relied upon for purposes of 
     subsection (c).
       ``(II) Notification.--Not later than 3 business days after 
     the receipt of such questions regarding an individual, or 
     during such other reasonable time as the Secretary may 
     prescribe, the employer shall--

       ``(aa) notify the individual of any such requirement for 
     further actions; and
       ``(bb) record the date and manner of such notification.

       ``(III) Acknowledgment.--The individual shall acknowledge 
     the notification received from the employer under subclause 
     (II) in writing, or in such other manner as the Secretary may 
     prescribe.

       ``(iii) Rulemaking.--

       ``(I) In general.--The Secretary, in consultation with the 
     Commissioner and the Attorney General, is authorized to issue 
     regulations implementing, clarifying, and supplementing the 
     requirements under this subparagraph--

       ``(aa) to facilitate the functioning, accuracy, and 
     fairness of the System;
       ``(bb) to prevent misuse, discrimination, fraud, or 
     identity theft in the use of the System; or
       ``(cc) to protect and maintain the confidentiality of 
     information that could be used to locate or otherwise place 
     at risk of harm victims of domestic violence, dating 
     violence, sexual assault, stalking, and human trafficking, 
     and of the applicant or beneficiary of any petition described 
     in section 384(a)(2) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)(2)).

       ``(II) Notice.--The regulations issued under subclause (I) 
     shall be--

       ``(aa) published in the Federal Register; and
       ``(bb) provided directly to all employers registered in the 
     System.
       ``(F) Designated agents.--The Secretary shall establish a 
     process--
       ``(i) for certifying, on an annual basis or at such times 
     as the Secretary may prescribe, designated agents and other 
     System service providers seeking access to the System to 
     perform verification queries on behalf of employers, based 
     upon training, usage, privacy, and security standards 
     prescribed by the Secretary;
       ``(ii) for ensuring that designated agents and other System 
     service providers are subject to monitoring to the same 
     extent as direct access users; and
       ``(iii) for establishing standards for certification of 
     electronic I-9 programs.
       ``(G) Requirement to provide information.--
       ``(i) In general.--No later than 3 months after the date of 
     the enactment of the Border Security, Economic Opportunity, 
     and Immigration Modernization Act, the Secretary, in 
     consultation with the Secretary of Labor, the Secretary of 
     Agriculture, the Commissioner, the Attorney General, the 
     Equal Employment Opportunity Commission, and the 
     Administrator of the Small Business Administration, shall 
     commence a campaign to disseminate information respecting the 
     procedures, rights, and remedies prescribed under this 
     section.
       ``(ii) Campaign requirements.--The campaign authorized 
     under clause (i)--

       ``(I) shall be aimed at increasing the knowledge of 
     employers, employees, and the general public concerning 
     employer and employee rights, responsibilities, and remedies 
     under this section; and
       ``(II) shall be coordinated with the public education 
     campaign conducted by U.S. Citizenship and Immigration 
     Services.

       ``(iii) Assessment.--The Secretary shall assess the success 
     of the campaign in achieving the goals of the campaign.
       ``(iv) Authority to contract.--In order to carry out and 
     assess the campaign under this subparagraph, the Secretary 
     may, to the extent deemed appropriate and subject to the 
     availability of appropriations, contract with public and 
     private organizations for outreach and assessment activities 
     under the campaign.
       ``(v) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this paragraph 
     $40,000,000 for each of the fiscal years 2014 through 2016.
       ``(H) Authority to modify information requirements.--Based 
     on a regular review of the System and the document 
     verification procedures to identify misuse or fraudulent use 
     and to assess the security of the documents and processes 
     used to establish identity or employment authorized status, 
     the Secretary, in consultation with the Commissioner, after 
     publication of notice in the Federal Register and an 
     opportunity for public comment, may modify, if the Secretary 
     determines that the modification is necessary to ensure that 
     the System accurately and reliably determines the identity 
     and employment authorized status of employees and maintain 
     existing protections against misuse, discrimination, fraud, 
     and identity theft--
       ``(i) the information that shall be presented to the 
     employer by an individual;
       ``(ii) the information that shall be provided to the System 
     by the employer; and
       ``(iii) the procedures that shall be followed by employers 
     with respect to the process of verifying an individual 
     through the System.
       ``(I) Self-verification.--Subject to appropriate safeguards 
     to prevent misuse of the system, the Secretary, in 
     consultation with the Commissioner, shall establish a secure 
     self-verification procedure to permit an individual who seeks 
     to verify the individual's own employment eligibility to 
     contact the appropriate agency and, in a timely manner, 
     correct or update the information contained in the System.
       ``(5) Protection from liability for actions taken on the 
     basis of information provided by the system.--An employer 
     shall not be liable to a job applicant, an employee, the 
     Federal Government, or a State or local

[[Page S5040]]

     government, under Federal, State, or local criminal or civil 
     law for any employment-related action taken with respect to a 
     job applicant or employee in good faith reliance on 
     information provided by the System.
       ``(6) Administrative appeal.--
       ``(A) In general.--An individual who is notified of a 
     nonconfirmation may, not later than 10 business days after 
     the date that such notice is received, file an administrative 
     appeal of such nonconfirmation with the Commissioner if the 
     notice is based on records maintained by the Commissioner, or 
     in any other case, with the Secretary. An individual who did 
     not timely contest a further action notice timely received by 
     that individual for which the individual acknowledged receipt 
     may not be granted a review under this paragraph.
       ``(B) Administrative stay of nonconfirmation.--The 
     nonconfirmation shall be automatically stayed upon the timely 
     filing of an administrative appeal, unless the 
     nonconfirmation resulted after the individual acknowledged 
     receipt of the further action notice but failed to contact 
     the appropriate agency within the time provided. The stay 
     shall remain in effect until the resolution of the appeal, 
     unless the Secretary or the Commissioner terminates the stay 
     based on a determination that the administrative appeal is 
     frivolous or filed for purposes of delay.
       ``(C) Review for error.--The Secretary and the Commissioner 
     shall develop procedures for resolving administrative appeals 
     regarding nonconfirmations based upon the information that 
     the individual has provided, including any additional 
     evidence or argument that was not previously considered. Any 
     such additional evidence or argument shall be filed within 10 
     business days of the date the appeal was originally filed. 
     Appeals shall be resolved within 20 business days after the 
     individual has submitted all evidence and arguments the 
     individual wishes to submit, or has stated in writing that 
     there is no additional evidence that the individual wishes to 
     submit. The Secretary and the Commissioner may, on a case by 
     case basis for good cause, extend the filing and submission 
     period in order to ensure accurate resolution of an appeal 
     before the Secretary or the Commissioner.
       ``(D) Preponderance of evidence.--Administrative appeal 
     under this paragraph shall be limited to whether a 
     nonconfirmation notice is supported by a preponderance of the 
     evidence.
       ``(E) Damages, fees, and costs.--No money damages, fees or 
     costs may be awarded in the administrative appeal process 
     under this paragraph.
       ``(7) Review by administrative law judge.--
       ``(A) In general.--Not later than 30 days after the date an 
     individual receives a final determination on an 
     administrative appeal under paragraph (6), the individual may 
     obtain review of such determination by filing a complaint 
     with a Department of Justice administrative law judge in 
     accordance with this paragraph.
       ``(B) Stay of nonconfirmation.--The nonconfirmation related 
     to such final determination shall be automatically stayed 
     upon the timely filing of a complaint under this paragraph, 
     and the stay shall remain in effect until the resolution of 
     the complaint, unless the administrative law judge determines 
     that the action is frivolous or filed for purposes of delay.
       ``(C) Service.--The respondent to complaint filed under 
     this paragraph is either the Secretary or the Commissioner, 
     but not both, depending upon who issued the administrative 
     order under paragraph (6). In addition to serving the 
     respondent, the plaintiff shall serve the Attorney General.
       ``(D) Authority of administrative law judge.--
       ``(i) Rules of practice.--The Secretary shall promulgate 
     regulations regarding the rules of practice in appeals 
     brought pursuant to this subsection.
       ``(ii) Authority of administrative law judge.--The 
     administrative law judge shall have power to--

       ``(I) terminate a stay of a nonconfirmation under 
     subparagraph (B) if the administrative law judge determines 
     that the action is frivolous or filed for purposes of delay;
       ``(II) adduce evidence at a hearing;
       ``(III) compel by subpoena the attendance of witnesses and 
     the production of evidence at any designated place or 
     hearing;
       ``(IV) resolve claims of identity theft; and
       ``(V) enter, upon the pleadings and any evidence adduced at 
     a hearing, a decision affirming or reversing the result of 
     the agency, with or without remanding the cause for a 
     rehearing.

       ``(iii) Subpoena.--In case of contumacy or refusal to obey 
     a subpoena lawfully issued under this section and upon 
     application of the administrative law judge, an appropriate 
     district court of the United States may issue an order 
     requiring compliance with such subpoena and any failure to 
     obey such order may be punished by such court as a contempt 
     of such court.
       ``(iv) Training.--An administrative law judge hearing cases 
     shall have special training respecting employment authorized 
     status verification.
       ``(E) Order by administrative law judge.--
       ``(i) In general.--The administrative law judge shall issue 
     and cause to be served to the parties in the proceeding an 
     order which may be appealed as provided in subparagraph (G).
       ``(ii) Contents of order.--Such an order shall uphold or 
     reverse the final determination on the request for 
     reconsideration and order lost wages and other appropriate 
     remedies as provided in subparagraph (F).
       ``(F) Compensation for error.--
       ``(i) In general.--In cases in which the administrative law 
     judge reverses the final determination of the Secretary or 
     the Commissioner made under paragraph (6), and the 
     administrative law judge finds that--

       ``(I) the nonconfirmation was due to gross negligence or 
     intentional misconduct of the employer, the administrative 
     law judge may order the employer to pay the individual lost 
     wages, and reasonable costs and attorneys' fees incurred 
     during administrative and judicial review; or
       ``(II) such final determination was erroneous by reason of 
     the negligence of the Secretary or the Commissioner, the 
     administrative law judge may order the Secretary or the 
     Commissioner to pay the individual lost wages, and reasonable 
     costs and attorneys' fees incurred during the administrative 
     appeal and the administrative law judge review.

       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work schedule that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost beginning on the first scheduled 
     work day after employment was terminated and ending 120 days 
     after completion of the administrative law judge's review 
     described in this paragraph or the day after the individual 
     is reinstated or obtains employment elsewhere, whichever 
     occurs first. If the individual obtains employment elsewhere 
     at a lower wage rate, the individual shall be compensated for 
     the difference in wages for the period ending 120 days after 
     completion of the administrative law judge review process. No 
     lost wages shall be awarded for any period of time during 
     which the individual was not in employment authorized status.
       ``(iii) Payment of compensation.--Notwithstanding any other 
     law, payment of compensation for lost wages, costs, and 
     attorneys' fees under this paragraph, or compromise 
     settlements of the same, shall be made as provided by section 
     1304 of title 31, United States Code. Appropriations made 
     available to the Secretary or the Commissioner, accounts 
     provided for under section 286, and funds from the Federal 
     Old-Age and Survivors Insurance Trust Fund or the Federal 
     Disability Insurance Trust Fund shall not be available to pay 
     such compensation.
       ``(G) Appeal.--No later than 45 days after the entry of 
     such final order, any person adversely affected by such final 
     order may seek review of such order in the United States 
     Court of Appeals for the circuit in which the violation is 
     alleged to have occurred or in which the employer resides or 
     transacts business.
       ``(8) Management of the system.--
       ``(A) In general.--The Secretary is authorized to 
     establish, manage, and modify the System, which shall--
       ``(i) respond to inquiries made by participating employers 
     at any time through the internet, or such other means as the 
     Secretary may designate, concerning an individual's identity 
     and whether the individual is in employment authorized 
     status;
       ``(ii) maintain records of the inquiries that were made, of 
     confirmations provided (or not provided), and of the codes 
     provided to employers as evidence of their compliance with 
     their obligations under the System; and
       ``(iii) provide information to, and require action by, 
     employers and individuals using the System.
       ``(B) Design and operation of system.--The System shall be 
     designed and operated--
       ``(i) to maximize its reliability and ease of use by 
     employers consistent with protecting the privacy and security 
     of the underlying information, and ensuring full notice of 
     such use to employees;
       ``(ii) to maximize its ease of use by employees, including 
     direct notification of its use, of results, and ability to 
     challenge results;
       ``(iii) to respond accurately to all inquiries made by 
     employers on whether individuals are authorized to be 
     employed and to register any times when the system is unable 
     to receive inquiries;
       ``(iv) to maintain appropriate administrative, technical, 
     and physical safeguards to prevent unauthorized disclosure of 
     personal information, misuse by employers and employees, and 
     discrimination;
       ``(v) to require regularly scheduled refresher training of 
     all users of the System to ensure compliance with all 
     procedures;
       ``(vi) to allow for auditing of the use of the System to 
     detect misuse, discrimination, fraud, and identity theft, to 
     protect privacy and assess System accuracy, and to preserve 
     the integrity and security of the information in all of the 
     System, including--

       ``(I) to develop and use tools and processes to detect or 
     prevent fraud and identity theft, such as multiple uses of 
     the same identifying information or documents to fraudulently 
     gain employment;
       ``(II) to develop and use tools and processes to detect and 
     prevent misuse of the system by employers and employees;
       ``(III) to develop tools and processes to detect anomalies 
     in the use of the system that may indicate potential fraud or 
     misuse of the system;
       ``(IV) to audit documents and information submitted by 
     employees to employers, including authority to conduct 
     interviews with

[[Page S5041]]

     employers and employees, and obtain information concerning 
     employment from the employer;

       ``(vii) to confirm identity and employment authorization 
     through verification and comparison of records as determined 
     necessary by the Secretary;
       ``(viii) to confirm electronically the issuance of the 
     employment authorization or identity document and--

       ``(I) if such photograph is available, to display the 
     digital photograph that the issuer placed on the document so 
     that the employer can compare the photograph displayed to the 
     photograph on the document presented by the employee; or
       ``(II) if a photograph is not available from the issuer, to 
     confirm the authenticity of the document using such 
     alternative procedures as the Secretary may specify; and

       ``(ix) to provide appropriate notification directly to 
     employers registered with the System of all changes made by 
     the Secretary or the Commissioner related to allowed and 
     prohibited documents, and use of the System.
       ``(C) Safeguards to the system.--
       ``(i) Requirement to develop.--The Secretary, in 
     consultation with the Commissioner and other appropriate 
     Federal and State agencies, shall develop policies and 
     procedures to ensure protection of the privacy and security 
     of personally identifiable information and identifiers 
     contained in the records accessed or maintained by the 
     System. The Secretary, in consultation with the Commissioner 
     and other appropriate Federal and State agencies, shall 
     develop and deploy appropriate privacy and security training 
     for the Federal and State employees accessing the records 
     under the System.
       ``(ii) Privacy audits.--The Secretary, acting through the 
     Chief Privacy Officer of the Department, shall conduct 
     regular privacy audits of the policies and procedures 
     established under clause (i), including any collection, use, 
     dissemination, and maintenance of personally identifiable 
     information and any associated information technology 
     systems, as well as scope of requests for this information. 
     The Chief Privacy Officer shall review the results of the 
     audits and recommend to the Secretary any changes necessary 
     to improve the privacy protections of the program.
       ``(iii) Accuracy audits.--

       ``(I) In general.--Not later than November 30 of each year, 
     the Inspector General of the Department of Homeland Security 
     shall submit a report to the Secretary, with a copy to the 
     President of the Senate and the Speaker of the House of 
     Representatives, that sets forth the error rate of the System 
     for the previous fiscal year and the assessments required to 
     be submitted by the Secretary under subparagraphs (A) and (B) 
     of paragraph (10). The report shall describe in detail the 
     methodology employed for purposes of the report, and shall 
     make recommendations for how error rates may be reduced.
       ``(II) Error rate defined.--In this clause, the term `error 
     rate' means the percentage determined by dividing--

       ``(aa) the number of employment authorized individuals who 
     received further action notices, contested such notices, and 
     were subsequently found to be employment authorized; by
       ``(bb) the number of System inquiries submitted for 
     employment authorized individuals.

       ``(III) Reduction of penalties for recordkeeping or 
     verification practices following persistent system 
     inaccuracies.--Notwithstanding subsection (e)(4)(C)(i), in 
     any calendar year following a report by the Inspector General 
     under subclause (I) that the System had an error rate higher 
     than 0.3 percent for the previous fiscal year, the civil 
     penalty assessable by the Secretary or an administrative law 
     judge under that subsection for each first-time violation by 
     an employer who has not previously been penalized under this 
     section may not exceed $1,000.

       ``(iv) Records security program.--Any person, including a 
     private third party vendor, who retains document verification 
     or System data pursuant to this section shall implement an 
     effective records security program that--

       ``(I) ensures that only authorized personnel have access to 
     document verification or System data; and
       ``(II) ensures that whenever such data is created, 
     completed, updated, modified, altered, or corrected in 
     electronic format, a secure and permanent record is created 
     that establishes the date of access, the identity of the 
     individual who accessed the electronic record, and the 
     particular action taken.

       ``(v) Records security program.--In addition to the 
     security measures described in clause (iv), a private third 
     party vendor who retains document verification or System data 
     pursuant to this section shall implement an effective records 
     security program that--

       ``(I) provides for backup and recovery of any records 
     maintained in electronic format to protect against 
     information loss, such as power interruptions; and
       ``(II) ensures that employees are trained to minimize the 
     risk of unauthorized or accidental alteration or erasure of 
     such data in electronic format.

       ``(vi) Authorized personnel defined.--In this subparagraph, 
     the term `authorized personnel' means anyone registered as a 
     System user, or anyone with partial or full responsibility 
     for completion of employment authorization verification or 
     retention of data in connection with employment authorization 
     verification on behalf of an employer.
       ``(D) Available facilities and alternative 
     accommodations.--The Secretary shall make appropriate 
     arrangements and develop standards to allow employers or 
     employees, including remote hires, who are otherwise unable 
     to access the System to use electronic and telephonic formats 
     (including video conferencing, scanning technology, and other 
     available technologies), Federal Government facilities, 
     public facilities, or other available locations in order to 
     utilize the System.
       ``(E) Responsibilities of the secretary.--
       ``(i) In general.--As part of the System, the Secretary 
     shall maintain a reliable, secure method, which, operating 
     through the System and within the time periods specified, 
     compares the name, alien identification or authorization 
     number, or other information as determined relevant by the 
     Secretary, provided in an inquiry against such information 
     maintained or accessed by the Secretary in order to confirm 
     (or not confirm) the validity of the information provided, 
     the correspondence of the name and number, whether the alien 
     has employment authorized status (or, to the extent that the 
     Secretary determines to be feasible and appropriate, whether 
     the records available to the Secretary verify the identity or 
     status of a national of the United States), and such other 
     information as the Secretary may prescribe.
       ``(ii) Photograph display.--As part of the System, the 
     Secretary shall establish a reliable, secure method, which, 
     operating through the System, displays the digital photograph 
     described in subparagraph (B)(viii)(I).
       ``(iii) Timing of notices.--The Secretary shall have 
     authority to prescribe when a confirmation, nonconfirmation, 
     or further action notice shall be issued.
       ``(iv) Use of information.--The Secretary shall perform 
     regular audits under the System, as described in subparagraph 
     (B)(vi) and shall utilize the information obtained from such 
     audits, as well as any information obtained from the 
     Commissioner pursuant to part E of title XI of the Social 
     Security Act (42 U.S.C. 1301 et seq.), for the purposes of 
     this section and to administer and enforce the immigration 
     laws.
       ``(v) Identity fraud protection.--To prevent identity 
     fraud, not later than 18 months after the date of the 
     enactment of the Border Security, Economic Opportunity, and 
     Immigration Modernization Act, the Secretary shall--

       ``(I) in consultation with the Commissioner, establish a 
     program to provide a reliable, secure method for an 
     individual to temporarily suspend or limit the use of the 
     individual's social security account number or other 
     identifying information for verification by the System; and
       ``(II) for each individual being verified through the 
     System--

       ``(aa) notify the individual that the individual has the 
     option to limit the use of the individual's social security 
     account number or other identifying information for 
     verification by the System; and
       ``(bb) provide instructions to the individuals for 
     exercising the option referred to in item (aa).
       ``(vi) Allowing parents to prevent theft of their child's 
     identity.--The Secretary, in consultation with the 
     Commissioner, shall establish a program that provides a 
     reliable, secure method by which parents or legal guardians 
     may suspend or limit the use of the social security account 
     number or other identifying information of a minor under 
     their care for the purposes of the System. The Secretary may 
     implement the program on a limited pilot program basis before 
     making it fully available to all individuals.
       ``(vii) Protection from multiple use.--The Secretary and 
     the Commissioner shall establish a procedure for identifying 
     and handling a situation in which a social security account 
     number has been identified to be subject to unusual multiple 
     use in the System or is otherwise suspected or determined to 
     have been compromised by identity fraud.
       ``(viii) Monitoring and compliance unit.--The Secretary 
     shall establish or designate a monitoring and compliance unit 
     to detect and reduce identity fraud and other misuse of the 
     System.
       ``(ix) Civil rights and civil liberties assessments.--

       ``(I) Requirement to conduct.--The Secretary shall conduct 
     regular civil rights and civil liberties assessments of the 
     System, including participation by employers, other private 
     entities, and Federal, State, and local government entities.
       ``(II) Requirement to respond.--Employers, other private 
     entities, and Federal, State, and local entities shall timely 
     respond to any request in connection with such an assessment.
       ``(III) Assessment and recommendations.--The Officer for 
     Civil Rights and Civil Liberties of the Department shall 
     review the results of each such assessment and recommend to 
     the Secretary any changes necessary to improve the civil 
     rights and civil liberties protections of the System.

       ``(F) Grants to states.--
       ``(i) In general.--The Secretary shall create and 
     administer a grant program to help provide funding for States 
     that grant--

       ``(I) the Secretary access to driver's license information 
     as needed to confirm that a driver's license presented under 
     subsection

[[Page S5042]]

     (c)(1)(D)(i) confirms the identity of the subject of the 
     System check, and that a driver's license matches the State's 
     records; and
       ``(II) such assistance as the Secretary may request in 
     order to resolve further action notices or nonconfirmations 
     relating to such information.

       ``(ii) Construction with the driver's privacy protection 
     act of 1994.--The provision of a photograph to the Secretary 
     as described in clause (i) may not be construed as a 
     violation of section 2721 of title 18, United States Code, 
     and is a permissible use under subsection (b)(1) of that 
     section.
       ``(iii) Authorization of appropriations.--There is 
     authorized to be appropriated to the Secretary $250,000,000 
     to carry out this subparagraph.
       ``(G) Responsibilities of the secretary of state.--As part 
     of the System, the Secretary of State shall provide to the 
     Secretary access to passport and visa information as needed 
     to confirm that a passport, passport card, or visa presented 
     under subsection (c)(1)(C) confirms the identity of the 
     subject of the System check, and that a passport, passport 
     card, or visa photograph matches the Secretary of State's 
     records, and shall provide such assistance as the Secretary 
     may request in order to resolve further action notices or 
     nonconfirmations relating to such information.
       ``(H) Updating information.--The Commissioner, the 
     Secretary, and the Secretary of State shall update their 
     information in a manner that promotes maximum accuracy and 
     shall provide a process for the prompt correction of 
     erroneous information.
       ``(9) Limitation on use of the system.--Notwithstanding any 
     other provision of law, nothing in this subsection may be 
     construed to permit or allow any department, bureau, or other 
     agency of the United States Government or any other entity to 
     utilize any information, database, or other records assembled 
     under this subsection for any purpose other than for 
     employment verification or to ensure secure, appropriate and 
     nondiscriminatory use of the System.
       ``(10) Annual report and certification.--Not later than 18 
     months after the promulgation of regulations to implement 
     this subsection, and annually thereafter, the Secretary shall 
     submit to Congress a report that includes the following:
       ``(A) An assessment, as submitted to the Secretary by the 
     Inspector General of the Department of Homeland Security 
     pursuant to paragraph (8)(C)(iii)(I), of the accuracy rates 
     of further action notices and other System notices provided 
     by employers to individuals who are authorized to be employed 
     in the United States.
       ``(B) An assessment, as submitted to the Secretary by the 
     Inspector General of the Department of Homeland Security 
     pursuant to paragraph (8)(C)(iii)(I), of the accuracy rates 
     of further action notices and other System notices provided 
     directly (by the System) in a timely fashion to individuals 
     who are not authorized to be employed in the United States.
       ``(C) An assessment of any challenges faced by small 
     employers in utilizing the System.
       ``(D) An assessment of the rate of employer noncompliance 
     (in addition to failure to provide required notices in a 
     timely fashion) in each of the following categories:
       ``(i) Taking adverse action based on a further action 
     notice.
       ``(ii) Use of the System for nonemployees or other 
     individuals before they are offered employment.
       ``(iii) Use of the System to reverify employment authorized 
     status of current employees except if authorized to do so.
       ``(iv) Use of the System selectively, except in cases in 
     which such use is authorized.
       ``(v) Use of the System to deny employment or post-
     employment benefits or otherwise interfere with labor rights.
       ``(vi) Requiring employees or applicants to use any self-
     verification feature or to provide self-verification results.
       ``(vii) Discouraging individuals who receive a further 
     action notice from challenging the further action notice or 
     appealing a determination made by the System.
       ``(E) An assessment of the rate of employee noncompliance 
     in each of the following categories:
       ``(i) Obtaining employment when unauthorized with an 
     employer complying with the System in good faith.
       ``(ii) Failure to provide required documents in a timely 
     manner.
       ``(iii) Attempting to use fraudulent documents or documents 
     not related to the individual.
       ``(iv) Misuse of the administrative appeal and judicial 
     review process.
       ``(F) An assessment of the amount of time taken for--
       ``(i) the System to provide the confirmation or further 
     action notice;
       ``(ii) individuals to contest further action notices;
       ``(iii) the System to provide a confirmation or 
     nonconfirmation of a contested further action notice;
       ``(iv) individuals to file an administrative appeal of a 
     nonconfirmation; and
       ``(v) resolving administrative appeals regarding 
     nonconfirmations.
       ``(11) Annual gao study and report.--
       ``(A) Requirement.--The Comptroller General shall, for each 
     year, undertake a study to evaluate the accuracy, efficiency, 
     integrity, and impact of the System.
       ``(B) Report.--Not later than 18 months after the 
     promulgation of regulations to implement this subsection, and 
     yearly thereafter, the Comptroller General shall submit to 
     Congress a report containing the findings of the study 
     carried out under this paragraph. Each such report shall 
     include, at a minimum, the following:
       ``(i) An assessment of System performance with respect to 
     the rate at which individuals who are eligible for employment 
     in the United States are correctly approved within the 
     required periods, including a separate assessment of such 
     rate for naturalized United States citizens, nationals of the 
     United States, and aliens.
       ``(ii) An assessment of the privacy and confidentiality of 
     the System and of the overall security of the System with 
     respect to cybertheft and theft or misuse of private data.
       ``(iii) An assessment of whether the System is being 
     implemented in a manner that is not discriminatory or used 
     for retaliation against employees.
       ``(iv) An assessment of the most common causes for the 
     erroneous issuance of nonconfirmations by the System and 
     recommendations to correct such causes.
       ``(v) The recommendations of the Comptroller General 
     regarding System improvements.
       ``(vi) An assessment of the frequency and magnitude of 
     changes made to the System and the impact on the ability for 
     employers to comply in good faith.
       ``(vii) An assessment of the direct and indirect costs 
     incurred by employers in complying with the System, including 
     costs associated with retaining potential employees through 
     the administrative appeals process and receiving a 
     nonconfirmation.
       ``(viii) An assessment of any backlogs or delays in the 
     System providing the confirmation or further action notice 
     and impacts to hiring by employers.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     respecting potential violations of subsections (a) or (f)(1);
       ``(B) for the investigation of those complaints which the 
     Secretary deems appropriate to investigate; and
       ``(C) for providing notification to the Special Counsel for 
     Immigration-Related Unfair Employment Practices of the 
     Department of Justice of potential violations of section 
     274B.
       ``(2) Authority in investigations.--In conducting 
     investigations and proceedings under this subsection--
       ``(A) immigration officers shall have reasonable access to 
     examine evidence of the employer being investigated;
       ``(B) immigration officers designated by the Secretary, and 
     administrative law judges and other persons authorized to 
     conduct proceedings under this section, may compel by 
     subpoena the attendance of relevant witnesses and the 
     production of relevant evidence at any designated place in an 
     investigation or case under this subsection. In case of 
     refusal to fully comply with a subpoena lawfully issued under 
     this paragraph, the Secretary may request that the Attorney 
     General apply in an appropriate district court of the United 
     States for an order requiring compliance with the subpoena, 
     and any failure to obey such order may be punished by the 
     court as contempt. Failure to cooperate with the subpoena 
     shall be subject to further penalties, including further 
     fines and the voiding of any mitigation of penalties or 
     termination of proceedings under paragraph (4)(E); and
       ``(C) the Secretary, in cooperation with the Commissioner 
     and Attorney General, and in consultation with other relevant 
     agencies, shall establish a Joint Employment Fraud Task Force 
     consisting of, at a minimum--
       ``(i) the System's compliance personnel;
       ``(ii) immigration law enforcement officers;
       ``(iii) personnel of the Office of Special Counsel for 
     Immigration-Related Unfair Employment Practices of the 
     Department of Justice;
       ``(iv) personnel of the Office for Civil Rights and Civil 
     Liberties of the Department; and
       ``(v) personnel of Office of Inspector General of the 
     Social Security Administration.
       ``(3) Compliance procedures.--
       ``(A) Pre-penalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a civil violation of 
     this section in the previous 3 years, the Secretary shall 
     issue to the employer concerned a written notice of the 
     Department's intention to issue a claim for a monetary or 
     other penalty. Such pre-penalty notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) disclose the material facts which establish the 
     alleged violation;
       ``(iv) describe the penalty sought to be imposed; and
       ``(v) inform such employer that such employer shall have a 
     reasonable opportunity to make representations as to why a 
     monetary or other penalty should not be imposed.
       ``(B) Employer's response.--Whenever any employer receives 
     written pre-penalty notice of a fine or other penalty in 
     accordance with subparagraph (A), the employer may, within 60 
     days from receipt of such notice, file with the Secretary its 
     written response to the notice. The response may include any 
     relevant evidence or proffer of evidence that the employer 
     wishes to present with respect to whether the employer 
     violated this section and whether, if so, the penalty should 
     be mitigated, and shall be filed and considered

[[Page S5043]]

     in accordance with procedures to be established by the 
     Secretary.
       ``(C) Right to a hearing.--Before issuance of an order 
     imposing a penalty on any employer, person, or entity, the 
     employer, person, or entity shall be entitled to a hearing 
     before an administrative law judge, if requested within 60 
     days of the notice of penalty. The hearing shall be held at 
     the nearest location practicable to the place where the 
     employer, person, or entity resides or of the place where the 
     alleged violation occurred.
       ``(D) Issuance of orders.--If no hearing is so requested, 
     the Secretary's imposition of the order shall constitute a 
     final and unappealable order. If a hearing is requested and 
     the administrative law judge determines, upon clear and 
     convincing evidence received, that there was a violation, the 
     administrative law judge shall issue the final determination 
     with a written penalty claim. The penalty claim shall specify 
     all charges in the information provided under clauses (i) 
     through (iii) of subparagraph (A) and any mitigation of the 
     penalty that the administrative law judge deems appropriate 
     under paragraph (4)(E).
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of subsection 
     (a)(1)(A) or (a)(2) shall--
       ``(i) pay a civil penalty of not less than $3,500 and not 
     more than $7,500 for each unauthorized alien with respect to 
     which each violation of either subsection (a)(1)(A) or (a)(2) 
     occurred;
       ``(ii) if the employer has previously been fined as a 
     result of a previous enforcement action or previous violation 
     under this paragraph, pay a civil penalty of not less than 
     $5,000 and not more than $15,000 for each unauthorized alien 
     with respect to which a violation of either subsection 
     (a)(1)(A) or (a)(2) occurred; and
       ``(iii) if the employer has previously been fined more than 
     once under this paragraph, pay a civil penalty of not less 
     than $10,000 and not more than $25,000 for each unauthorized 
     alien with respect to which a violation of either subsection 
     (a)(1)(A) or (a)(2) occurred.
       ``(B) Enhanced penalties.--After the Secretary certifies to 
     Congress that the System has been established, implemented, 
     and made mandatory for use by all employers in the United 
     States, the Secretary may establish an enhanced civil penalty 
     for an employer who--
       ``(i) fails to query the System to verify the identify and 
     work authorized status of an individual; and
       ``(ii) violates a Federal, State, or local law related to--

       ``(I) the payment of wages;
       ``(II) hours worked by employees; or
       ``(III) workplace health and safety.

       ``(C) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with any 
     requirement under subsection (a)(1)(B), other than a minor or 
     inadvertent failure, as determined by the Secretary, shall 
     pay a civil penalty of--
       ``(i) not less than $500 and not more than $2,000 for each 
     violation;
       ``(ii) if an employer has previously been fined under this 
     paragraph, not less than $1,000 and not more than $4,000 for 
     each violation; and
       ``(iii) if an employer has previously been fined more than 
     once under this paragraph, not less than $2,000 and not more 
     than $8,000 for each violation.
       ``(D) Other penalties.--The Secretary may impose additional 
     penalties for violations, including cease and desist orders, 
     specially designed compliance plans to prevent further 
     violations, suspended fines to take effect in the event of a 
     further violation, and in appropriate cases, the remedy 
     provided by paragraph (f)(2).
       ``(E) Mitigation.--The Secretary or, if an employer 
     requests a hearing, the administrative law judge, is 
     authorized, upon such terms and conditions as the Secretary 
     or administrative law judge deems reasonable and just and in 
     accordance with such procedures as the Secretary may 
     establish or any procedures established governing the 
     administrative law judge's assessment of penalties, to reduce 
     or mitigate penalties imposed upon employers, based upon 
     factors including, the employer's hiring volume, compliance 
     history, good-faith implementation of a compliance program, 
     the size and level of sophistication of the employer, and 
     voluntary disclosure of violations of this subsection to the 
     Secretary. The Secretary or administrative law judge shall 
     not mitigate a penalty below the minimum penalty provided by 
     this section, except that the Secretary may, in the case of 
     an employer subject to penalty for recordkeeping or 
     verification violations only who has not previously been 
     penalized under this section, in the Secretary's or 
     administrative law judge's discretion, mitigate the penalty 
     below the statutory minimum or remit it entirely. In any case 
     where a civil money penalty has been imposed on an employer 
     under section 274B for an action or omission that is also a 
     violation of this section, the Secretary or administrative 
     law judge shall mitigate any civil money penalty under this 
     section by the amount of the penalty imposed under section 
     274B.
       ``(F) Effective date.--The civil money penalty amounts and 
     the enhanced penalties provided by subparagraphs (A), (B), 
     and (C) of this paragraph and by subsection (f)(2) shall 
     apply to violations of this section committed on or after the 
     date that is 1 year after the date of the enactment of the 
     Border Security, Economic Opportunity, and Immigration 
     Modernization Act. For violations committed prior to such 
     date of enactment, the civil money penalty amounts provided 
     by regulations implementing this section as in effect the 
     minute before such date of enactment with respect to knowing 
     hiring or continuing employment, verification, or indemnity 
     bond violations, as appropriate, shall apply.
       ``(5) Order of internal review and certification of 
     compliance.--
       ``(A) Employer compliance.--If the Secretary has reasonable 
     cause to believe that an employer has failed to comply with 
     this section, the Secretary is authorized, at any time, to 
     require that the employer certify that it is in compliance 
     with this section, or has instituted a program to come into 
     compliance.
       ``(B) Employer certification.--
       ``(i) Requirement.--Except as provided in subparagraph (C), 
     not later than 60 days after receiving a notice from the 
     Secretary requiring a certification under subparagraph (A), 
     an official with responsibility for, and authority to bind 
     the company on, all hiring and immigration compliance notices 
     shall certify under penalty of perjury that the employer is 
     in conformance with the requirements of paragraphs (1) 
     through (4) of subsection (c), pertaining to document 
     verification requirements, and with subsection (d), 
     pertaining to the System (once the System is implemented with 
     respect to that employer according to the requirements under 
     subsection (d)(2)), and with any additional requirements that 
     the Secretary may promulgate by regulation pursuant to 
     subsection (c) or (d) or that the employer has instituted a 
     program to come into compliance with these requirements.
       ``(ii) Application.--Clause (i) shall not apply until the 
     date that the Secretary certifies to Congress that the System 
     has been established, implemented, and made mandatory for use 
     by all employers in the United States.
       ``(C) Extension of deadline.--At the request of the 
     employer, the Secretary may extend the 60-day deadline for 
     good cause.
       ``(D) Standards or methods.--The Secretary is authorized to 
     publish in the Federal Register standards or methods for such 
     certification, require specific recordkeeping practices with 
     respect to such certifications, and audit the records thereof 
     at any time. This authority shall not be construed to 
     diminish or qualify any other penalty provided by this 
     section.
       ``(6) Requirements for review of a final determination.--
     With respect to judicial review of a final determination or 
     penalty order issued under paragraph (3)(D), the following 
     requirements apply:
       ``(A) Deadline.--The petition for review must be filed no 
     later than 30 days after the date of the final determination 
     or penalty order issued under paragraph (3)(D).
       ``(B) Venue and forms.--The petition for review shall be 
     filed with the court of appeals for the judicial circuit 
     where the employer's principal place of business was located 
     when the final determination or penalty order was made. The 
     record and briefs do not have to be printed. The court shall 
     review the proceeding on a typewritten or electronically 
     filed record and briefs.
       ``(C) Service.--The respondent is the Secretary. In 
     addition to serving the respondent, the petitioner shall 
     serve the Attorney General.
       ``(D) Petitioner's brief.--The petitioner shall serve and 
     file a brief in connection with a petition for judicial 
     review not later than 40 days after the date on which the 
     administrative record is available, and may serve and file a 
     reply brief not later than 14 days after service of the brief 
     of the respondent, and the court may not extend these 
     deadlines, except for good cause shown. If a petitioner fails 
     to file a brief within the time provided in this paragraph, 
     the court shall dismiss the appeal unless a manifest 
     injustice would result.
       ``(E) Scope and standard for review.--The court of appeals 
     shall conduct a de novo review of the administrative record 
     on which the final determination was based and any additional 
     evidence that the Court finds was previously unavailable at 
     the time of the administrative hearing.
       ``(F) Exhaustion of administrative remedies.--A court may 
     review a final determination under paragraph (3)(C) only if--
       ``(i) the petitioner has exhausted all administrative 
     remedies available to the petitioner as of right, including 
     any administrative remedies established by regulation, and
       ``(ii) another court has not decided the validity of the 
     order, unless the reviewing court finds that the petition 
     presents grounds that could not have been presented in the 
     prior judicial proceeding or that the remedy provided by the 
     prior proceeding was inadequate or ineffective to test the 
     validity of the order.
       ``(G) Enforcement of orders.--If the final determination 
     issued against the employer under this subsection is not 
     subjected to review as provided in this paragraph, the 
     Attorney General, upon request by the Secretary, may bring a 
     civil action to enforce compliance with the final 
     determination in any appropriate district court of the United 
     States. The court, on a proper showing, shall issue a 
     temporary restraining order or a preliminary or permanent 
     injunction requiring that the employer comply with the final 
     determination issued against that employer under this 
     subsection. In any such civil action, the validity and 
     appropriateness of the

[[Page S5044]]

     final determination shall not be subject to review.
       ``(7) Creation of lien.--If any employer liable for a fee 
     or penalty under this section neglects or refuses to pay such 
     liability after demand and fails to file a petition for 
     review (if applicable) as provided in paragraph (6), the 
     amount of the fee or penalty shall be a lien in favor of the 
     United States on all property and rights to property, whether 
     real or personal, belonging to such employer. If a petition 
     for review is filed as provided in paragraph (6), the lien 
     shall arise upon the entry of a final judgment by the court. 
     The lien continues for 20 years or until the liability is 
     satisfied, remitted, set aside, or terminated.
       ``(8) Filing notice of lien.--
       ``(A) Place for filing.--The notice of a lien referred to 
     in paragraph (7) shall be filed as described in 1 of the 
     following:
       ``(i) Under state laws.--

       ``(I) Real property.--In the case of real property, in 1 
     office within the State (or the county, or other governmental 
     subdivision), as designated by the laws of such State, in 
     which the property subject to the lien is situated.
       ``(II) Personal property.--In the case of personal 
     property, whether tangible or intangible, in 1 office within 
     the State (or the county, or other governmental subdivision), 
     as designated by the laws of such State, in which the 
     property subject to the lien is situated, except that State 
     law merely conforming to or reenacting Federal law 
     establishing a national filing system does not constitute a 
     second office for filing as designated by the laws of such 
     State.

       ``(ii) With clerk of district court.--In the office of the 
     clerk of the United States district court for the judicial 
     district in which the property subject to the lien is 
     situated, whenever the State has not by law designated 1 
     office which meets the requirements of clause (i).
       ``(iii) With recorder of deeds of the district of 
     columbia.--In the office of the Recorder of Deeds of the 
     District of Columbia, if the property subject to the lien is 
     situated in the District of Columbia.
       ``(B) Situs of property subject to lien.--For purposes of 
     subparagraph (A), property shall be deemed to be situated as 
     follows:
       ``(i) Real property.--In the case of real property, at its 
     physical location.
       ``(ii) Personal property.--In the case of personal 
     property, whether tangible or intangible, at the residence of 
     the taxpayer at the time the notice of lien is filed.
       ``(C) Determination of residence.--For purposes of 
     subparagraph (B)(ii), the residence of a corporation or 
     partnership shall be deemed to be the place at which the 
     principal executive office of the business is located, and 
     the residence of a taxpayer whose residence is outside the 
     United States shall be deemed to be in the District of 
     Columbia.
       ``(D) Effect of filing notice of lien.--
       ``(i) In general.--Upon filing of a notice of lien in the 
     manner described in this paragraph, the lien shall be valid 
     against any purchaser, holder of a security interest, 
     mechanic's lien, or judgment lien creditor, except with 
     respect to properties or transactions specified in subsection 
     (b), (c), or (d) of section 6323 of the Internal Revenue Code 
     of 1986 for which a notice of tax lien properly filed on the 
     same date would not be valid.
       ``(ii) Notice of lien.--The notice of lien shall be 
     considered a notice of lien for taxes payable to the United 
     States for the purpose of any State or local law providing 
     for the filing of a notice of a tax lien. A notice of lien 
     that is registered, recorded, docketed, or indexed in 
     accordance with the rules and requirements relating to 
     judgments of the courts of the State where the notice of lien 
     is registered, recorded, docketed, or indexed shall be 
     considered for all purposes as the filing prescribed by this 
     section.
       ``(iii) Other provisions.--The provisions of section 
     3201(e) of title 28, United States Code, shall apply to liens 
     filed as prescribed by this paragraph.
       ``(E) Enforcement of a lien.--A lien obtained through this 
     paragraph shall be considered a debt as defined by section 
     3002 of title 28, United States Code and enforceable pursuant 
     to chapter 176 of such title.
       ``(9) Attorney general adjudication.--The Attorney General 
     shall have jurisdiction to adjudicate administrative 
     proceedings under this subsection. Such proceedings shall be 
     conducted in accordance with requirements of section 554 of 
     title 5, United States Code.
       ``(f) Criminal and Civil Penalties and Injunctions.--
       ``(1) Prohibition of indemnity bonds.--It is unlawful for 
     an employer, in the hiring of any individual, to require the 
     individual to post a bond or security, to pay or agree to pay 
     an amount, or otherwise to provide a financial guarantee or 
     indemnity, against any potential liability arising under this 
     section relating to such hiring of the individual.
       ``(2) Civil penalty.--Any employer who is determined, after 
     notice and opportunity for mitigation of the monetary penalty 
     under subsection (e), to have violated paragraph (1) shall be 
     subject to a civil penalty of $10,000 for each violation and 
     to an administrative order requiring the return of any 
     amounts received in violation of such paragraph to the 
     employee or, if the employee cannot be located, to the 
     general fund of the Treasury.
       ``(g) Government Contracts.--
       ``(1) Contractors and recipients.--Whenever an employer who 
     is a Federal contractor (meaning an employer who holds a 
     Federal contract, grant, or cooperative agreement, or 
     reasonably may be expected to submit an offer for or be 
     awarded a government contract) is determined by the Secretary 
     to have violated this section on more than 3 occasions or is 
     convicted of a crime under this section, the employer shall 
     be considered for debarment from the receipt of Federal 
     contracts, grants, or cooperative agreements in accordance 
     with the procedures and standards and for the periods 
     prescribed by the Federal Acquisition Regulation. However, 
     any administrative determination of liability for civil 
     penalty by the Secretary or the Attorney General shall not be 
     reviewable in any debarment proceeding.
       ``(2) Inadvertent violations.--Inadvertent violations of 
     recordkeeping or verification requirements, in the absence of 
     any other violations of this section, shall not be a basis 
     for determining that an employer is a repeat violator for 
     purposes of this subsection.
       ``(3) Other remedies available.--Nothing in this subsection 
     shall be construed to modify or limit any remedy available to 
     any agency or official of the Federal Government for 
     violation of any contractual requirement to participate in 
     the System, as provided in the final rule relating to 
     employment eligibility verification published in the Federal 
     Register on November 14, 2008 (73 Fed. Reg. 67,651), or any 
     similar subsequent regulation.
       ``(h) Preemption.--Beginning on the date on which all 
     employers are required to use the System pursuant to 
     subsection (d)(2), the provisions of this section preempt any 
     State or local law, ordinance, policy, or rule, including any 
     criminal or civil fine or penalty structure, relating to the 
     hiring, continued employment, or status verification for 
     employment eligibility purposes, of unauthorized aliens. A 
     State, locality, municipality, or political subdivision may 
     exercise its authority over business licensing and similar 
     laws as a penalty for failure to use the System.
       ``(i) Deposit of Amounts Received.--Except as otherwise 
     specified, civil penalties collected under this section shall 
     be deposited by the Secretary into the Comprehensive 
     Immigration Reform Trust Fund established under section 
     6(a)(1) of the Border Security, Economic Opportunity, and 
     Immigration Modernization Act.
       ``(j) Challenges to Validity of the System.--
       ``(1) In general.--Any right, benefit, or claim not 
     otherwise waived or limited pursuant to this section is 
     available in an action instituted in the United States 
     District Court for the District of Columbia, but shall be 
     limited to determinations of--
       ``(A) whether this section, or any regulation issued to 
     implement this section, violates the Constitution of the 
     United States; or
       ``(B) whether such a regulation issued by or under the 
     authority of the Secretary to implement this section, is 
     contrary to applicable provisions of this section or was 
     issued in violation of chapter 5 of title 5, United States 
     Code.
       ``(2) Deadlines for bringing actions.--Any action 
     instituted under this subsection must be filed no later than 
     180 days after the date the challenged section or regulation 
     described in subparagraph (A) or (B) of paragraph (1) becomes 
     effective. No court shall have jurisdiction to review any 
     challenge described in subparagraph (B) after the time period 
     specified in this subsection expires.
       ``(k) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Pattern and practice.--Any employer who engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined under title 18, United 
     States Code, no more than $10,000 for each unauthorized alien 
     with respect to whom such violation occurs, imprisoned for 
     not more than 2 years for the entire pattern or practice, or 
     both.
       ``(2) Term of imprisonment.--The maximum term of 
     imprisonment of a person convicted of any criminal offense 
     under the United States Code shall be increased by 5 years if 
     the offense is committed as part of a pattern or practice of 
     violations of subsection (a)(1)(A) or (a)(2).
       ``(3) Enjoining of pattern or practice violations.--
     Whenever the Secretary or the Attorney General has reasonable 
     cause to believe that an employer is engaged in a pattern or 
     practice of employment in violation of subsection (a)(1)(A) 
     or (a)(2), the Attorney General may bring a civil action in 
     the appropriate district court of the United States 
     requesting such relief, including a permanent or temporary 
     injunction, restraining order, or other order against the 
     employer, as the Secretary or Attorney General deems 
     necessary.
       ``(l) Criminal Penalties for Unlawful and Abusive 
     Employment.--
       ``(1) In general.--Any person who, during any 12-month 
     period, knowingly employs or hires, employs, recruits, or 
     refers for a fee for employment 10 or more individuals within 
     the United States who are under the control and supervision 
     of such person--
       ``(A) knowing that the individuals are unauthorized aliens; 
     and
       ``(B) under conditions that violate section 5(a) of the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 654(a) 
     (relating to occupational safety and health), section 6 or 7 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 
     207) (relating to minimum wages and maximum hours of 
     employment), section 3142 of title 40, United States Code, 
     (relating to required wages on construction contracts), or 
     sections 6703 or 6704 of title 41,

[[Page S5045]]

     United States Code, (relating to required wages on service 
     contracts),

     shall be fined under title 18, United States Code, or 
     imprisoned for not more than 10 years, or both.
       ``(2) Attempt and conspiracy.--Any person who attempts or 
     conspires to commit any offense under this section shall be 
     punished in the same manner as a person who completes the 
     offense.''.
       (b) Report on Use of the System in the Agricultural 
     Industry.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Agriculture, shall submit a report to 
     Congress that assesses implementation of the Employment 
     Verification System established under section 274A(d) of the 
     Immigration and Nationality Act, as amended by subsection 
     (a), in the agricultural industry, including the use of such 
     System technology in agriculture industry hiring processes, 
     user, contractor, and third-party employer agent employment 
     practices, timing and logistics regarding employment 
     verification and reverification processes to meet agriculture 
     industry practices, and identification of potential 
     challenges and modifications to meet the unique needs of the 
     agriculture industry. Such report shall review--
       (1) the modality of access, training and outreach, customer 
     support, processes for further action notices and secondary 
     verifications for short-term workers, monitoring, and 
     compliance procedures for such System;
       (2) the interaction of such System with the process to 
     admit nonimmigrant workers pursuant to section 218 or 218A of 
     the Immigration and Nationality Act (8 U.S.C. 1188 et seq.) 
     and with enforcement of the immigration laws; and
       (3) the collaborative use of processes of other Federal and 
     State agencies that intersect with the agriculture industry.
       (c) Report on Impact of the System on Employers.--Not later 
     than 18 months after the date of the enactment of this Act, 
     the Secretary shall submit to Congress a report that 
     assesses--
       (1) the implementation of the Employment Verification 
     System established under section 274A(d) of the Immigration 
     and Nationality Act, as amended by subsection (a), by 
     employers;
       (2) any adverse impact on the revenues, business processes, 
     or profitability of employers required to use such System; 
     and
       (3) the economic impact of such System on small businesses.
       (d) Government Accountability Office Study of the Effects 
     of Document Requirements on Employment Authorized Persons and 
     Employers.--
       (1) Study.--The Comptroller General of the United States 
     shall carry out a study of--
       (A) the effects of the documentary requirements of section 
     274A of the Immigration and Nationality Act, as amended by 
     subsection (a), on employers, naturalized United States 
     citizens, nationals of the United States, and individuals 
     with employment authorized status; and
       (B) the challenges such employers, citizens, nationals, or 
     individuals may face in obtaining the documentation required 
     under that section.
       (2) Report.--Not later than 4 years after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report containing the findings of the study 
     carried out under paragraph (1). Such report shall include, 
     at a minimum, the following:
       (A) An assessment of available information regarding the 
     number of working age nationals of the United States and 
     individuals who have employment authorized status who lack 
     documents required for employment by such section 274A.
       (B) A description of the additional steps required for 
     individuals who have employment authorized status and do not 
     possess the documents required by such section 274A to obtain 
     such documents.
       (C) A general assessment of the average financial costs for 
     individuals who have employment authorized status who do not 
     possess the documents required by such section 274A to obtain 
     such documents.
       (D) A general assessment of the average financial costs and 
     challenges for employers who have been required to 
     participate in the Employment Verification System established 
     by subsection (d) of such section 274A.
       (E) A description of the barriers to individuals who have 
     employment authorized status in obtaining the documents 
     required by such section 274A, including barriers imposed by 
     the executive branch of the Government.
       (F) Any particular challenges facing individuals who have 
     employment authorized status who are members of a federally 
     recognized Indian tribe in complying with the provisions of 
     such section 274A.
       (e) Repeal of Pilot Programs and E-Verify and Transition 
     Procedures.--
       (1) Repeal.--Sections 401, 402, 403, 404, and 405 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a 
     note) are repealed.
       (2) Transition procedures.--
       (A) Continuation of e-verify program.--Notwithstanding the 
     repeals made by paragraph (1), the Secretary shall continue 
     to operate the E-Verify Program as described in section 403 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note), as in effect the minute before the date 
     of the enactment of this Act, until the transition to the 
     System described in section 274A(d) of the Immigration and 
     Nationality Act, as amended by subsection (a), is determined 
     by the Secretary to be complete.
       (B) Transition to the system.--Any employer who was 
     participating in the E-Verify Program described in section 
     403 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note), as in effect the minute before the date 
     of the enactment of this Act, shall participate in the System 
     described in section 274A(d) of the Immigration and 
     Nationality Act, as amended by subsection (a), to the same 
     extent and in the same manner that the employer participated 
     in such E-Verify Program.
       (3) Construction.--The repeal made by paragraph (1) may not 
     be construed to limit the authority of the Secretary to allow 
     or continue to allow the participation in such System of 
     employers who have participated in such E-Verify Program, as 
     in effect on the minute before the date of the enactment of 
     this Act.
       (f) Conforming Amendment.--Section 274(a) (8 U.S.C. 
     1324(a)) is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraph (4) as paragraph (3).
       (g) Information Sharing.--The Commissioner of Social 
     Security, the Secretary, and the Secretary of the Treasury 
     shall jointly establish a program to share information among 
     such agencies that may lead to the identification of 
     unauthorized aliens (as described in section 274A of the 
     Immigration and Nationality Act, as amended by subsection 
     (a)), including--
       (1) no-match letters; and
       (2) any information in the earnings suspense file.
                                 ______
                                 
  SA 1577. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       (c) Triggers.--The Secretary may not commence processing 
     applications for registered provisional immigrant status 
     pursuant to section 245B of the Immigration and Nationality 
     Act, as added by section 2101 of this Act, until 6 months 
     after the date on which the Secretary, after consultation 
     with the Attorney General, the Secretary of Defense, the 
     Inspector General of the Department, and the Comptroller 
     General of the United States, submits to the President and 
     Congress a written certification that--
       (i) the Comprehensive Southern Border Security Strategy--
       (I) has been submitted to Congress and includes minimum 
     requirements described under paragraphs (3), (4), and (5) of 
     section 5(a);
       (II) is deployed and operational (for purposes of this 
     clause the term ``operational'' means the technology, 
     infrastructure, and personnel, deemed necessary by the 
     Secretary, in consultation with the Attorney General and the 
     Secretary of Defense, and the Comptroller General, and 
     includes the technology described under section 5(a)(3) to 
     achieve effective control of the Southern border, has been 
     procured, funded, and is in current use by the Department 
     achieve effective control, except in the event of routine 
     maintenance, de minimis non-deployment, or natural disaster 
     that would prevent the use of such assets);
       (ii) the Southern Border Fencing Strategy has been 
     submitted to Congress and implemented, and as a result the 
     Secretary will certify that there is in place along the 
     Southern Border no fewer than 700 miles of pedestrian fencing 
     which will include replacement of all currently existing 
     vehicle fencing on non-tribal lands on the Southern Border 
     with pedestrian fencing where possible, and after this has 
     been accomplished may include a second layer of pedestrian 
     fencing in those locations along the Southern Border which 
     the Secretary deems necessary or appropriate;
       (iii) the Secretary has implemented the mandatory 
     employment verification system required by section 274A of 
     the Immigration and Nationality Act (8 U.S.C.1324a), as 
     amended by section 3101, for use by all employers to prevent 
     unauthorized workers from obtaining employment in the United 
     States;
       (iv) the Secretary is using the electronic exit system 
     created by section 3303(a)(1) at all international air and 
     sea ports of entry within the United States where U.S. 
     Customs and Border Protection officers are currently 
     deployed; and
       (v) no fewer than 38,405 trained fulltime active duty U.S. 
     Border Patrol agents are deployed, stationed, and maintained 
     along the Southern Border.
                                 ______
                                 
  SA 1578. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:


[[Page S5046]]


       On page 3 of the amendment, strike line 4 and all that 
     follows through line 25, and insert the following:
       ``(c) Triggers.--The Secretary may not commence processing 
     applications for registered provisional immigrant status 
     pursuant to section 245B of the Immigration and Nationality 
     Act, as added by section 2101 of this Act, until 6 months 
     after the date on which the''.
                                 ______
                                 
  SA 1579. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike sections 1101 through 1122 and insert the following:

     SEC. 1101. BORDER SECURITY REQUIREMENTS.

       (a) In General.--During the 3-year period beginning on the 
     date of the enactment of this Act, the Secretary shall--
       (1) triple the number of U.S. Border Patrol agents 
     stationed along the international border between the United 
     States and Mexico;
       (2) quadruple the equipment and other assets stationed 
     along such border, including cameras, sensors, drones, and 
     helicopters, to enable continuous monitoring of the border;
       (3) complete all of the fencing required under the Secure 
     Fence Act of 2006 (Public Law 109-367);
       (4) develop, in cooperation with the Department of Defense 
     and all Federal law enforcement agencies, a policy ensuring 
     real-time sharing of information among all Federal law 
     enforcement agencies regarding--
       (A) smuggling routes for humans and contraband;
       (B) patterns in illegal border crossings;
       (C) new techniques or methods used in cross-border illegal 
     activity; and
       (D) all other information pertinent to border security;
       (5) complete and fully implement the United States Visitor 
     and Immigrant Status Indicator Technology (US-VISIT), 
     including the biometric entry-exist portion; and
       (6) establish operational control (as defined in section 
     2(b) of the Secure Fence Act of 2006 (Public Law 109-367)) 
     over 100 percent of the international border between the 
     United States and Mexico.
       (b) Triggers.--The Secretary may not commence processing 
     applications for registered provisional immigrant status 
     pursuant to section 245B of the Immigration and Nationality 
     Act, as added by section 2101, or blue card status under 
     section 2111 until the Secretary has substantially complied 
     with all of the requirements set forth in subsection (a).
       (c) Budgetary Effects of Noncompliance.--
       (1) Initial reductions.--If, on the date that is 3 years 
     after the date of the enactment of this Act, the Secretary 
     has failed to substantially comply with all of the 
     requirements set forth in subsection (a)--
       (A) the amount appropriated to the Department for the 
     following fiscal year shall be automatically reduced by 20 
     percent;
       (B) an amount equal to the reduction under subparagraph (A) 
     shall be made available, in block grants, to the States of 
     Arizona, California, New Mexico, and Texas for securing the 
     international border between the United States and Mexico; 
     and
       (C) the salary of all political appointees at the 
     Department shall be reduced by 20 percent.
       (2) Subsequent years.--If, on the date that is 4, 5, 6, or 
     7 years after the date of the enactment of this Act, the 
     Secretary has failed to substantially comply with all of the 
     requirements set forth in subsection (a)--
       (A) the reductions and block grants authorized under 
     subparagraphs (A) and (B) of paragraph (1) shall increase by 
     an additional 5 percent of the amount appropriated to the 
     Department before the reduction authorized under paragraph 
     (1)(A); and
       (B) the salary of all political appointees at the 
     Department shall be reduced by an additional 5 percent.
       (d) Authorization of Appropriations.--
       (1) In general.--Subject to paragraph (2), there are 
     authorized to be appropriated to carry out this title such 
     sums as may be necessary for each of the fiscal year 2014 
     through 2018.
       (2) Offset.--
       (A) In general.--Any amounts appropriated pursuant to 
     paragraph (1) shall be offset by an equal reduction in the 
     amounts appropriated for other purposes.
       (B) Rescission.--If the reductions required under 
     subparagraph (A) are not made during the 180-day period 
     beginning on the date of the enactment of this Act, there 
     shall be rescinded, from all unobligated amounts appropriated 
     for any Federal agency (other than the Department of 
     Defense), on a proportionate basis, an amount equal to the 
     amount appropriated pursuant to paragraph (1).
                                 ______
                                 
  SA 1580. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. __. PROHIBITION ON FUNDING.

       (a) In General.--Notwithstanding any other provision of 
     law, no Federal funds shall be made available to carry out 
     the Patient Protection and Affordable Care Act (Public Law 
     111-148) or title I and subtitle B of title II of the Health 
     Care and Education Reconciliation Act of 2010 (Public Law 
     111-152), or the amendments made by either such Act, until 
     such time as there are no aliens remaining in registered 
     provisional immigrant status.
       (b) Limitation.--No entitlement to benefits under any 
     provision referred to in subsection (a) shall remain in 
     effect on and after the date of the enactment of this Act 
     until such time as there are no aliens remaining in 
     registered provisional immigrant status.
                                 ______
                                 
  SA 1581. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title III, add the following:

                Subtitle __--Protecting Voter Integrity

     SEC. 3921. STATES PERMITTED TO REQUIRE PROOF OF CITIZENSHIP 
                   FOR VOTER REGISTRATION.

       Section 6 of the National Voter Registration Act of 1993 
     (42 U.S.C. 1973gg-4) is amended by adding at the end the 
     following new subsection:
       ``(e) Proof of Citizenship.--Nothing in subsection (a) 
     shall be construed to preempt any State law requiring 
     evidence of citizenship in order to complete any requirement 
     to register to vote in elections for Federal office.''.
                                 ______
                                 
  SA 1582. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subchapter A of chapter 1 of title II, add 
     the following:

     SEC. 2216. INELIGIBILITY FOR MEANS-BASED BENEFITS OF ALIENS 
                   ENTERING OR REMAINING IN UNITED STATES WHILE 
                   NOT IN LAWFUL STATUS.

       Notwithstanding any provision of this Act or any other 
     provision of law, any alien who, after entering or remaining 
     in the United States while not in lawful status under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), was 
     granted legal status under section 245B of the Immigration 
     and Nationality Act, as added by section 2101, including 
     aliens described in section 245D(b)(1) of such Act, or blue 
     card status under section 2211, regardless of the alien's 
     legal status at the time the alien applies for a benefit 
     described in paragraph (1) or (2), shall not be eligible 
     for--
       (1) any Federal, State, or local government means-tested 
     benefit; or
       (2) any benefit under the Patient Protection and Affordable 
     Care Act (Pub. L. 111-148).

     SEC. 2217. IMMIGRANT CATEGORIES INELIGIBLE FOR UNITED STATES 
                   CITIZENSHIP.

       Notwithstanding any other provision of law, aliens granted 
     registered provisional immigrant status under section 245B of 
     the Immigration and Nationality Act, as added by section 
     2101, including aliens described in section 245D(b)(1) of 
     such Act, and aliens granted blue card status under section 
     2211 are permanently ineligible to become naturalized 
     citizens of the United States, except for aliens granted 
     asylum pursuant to section 208 of such Act (8 U.S.C. 1158).
                                 ______
                                 
  SA 1583. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subchapter A of chapter 1 of subtitle B of 
     title II, add the following:

     SEC. 2216. IMMIGRANT CATEGORIES INELIGIBLE FOR UNITED STATES 
                   CITIZENSHIP.

       Notwithstanding any other provision of law, aliens granted 
     registered provisional immigrant status under section 245B of 
     the Immigration and Nationality Act, as added by section 
     2101, including aliens described in section 245D(b)(1) of 
     such Act, and aliens granted blue card status under section 
     2211 are permanently ineligible to become naturalized 
     citizens of the United States, except for aliens granted 
     asylum pursuant to section 208 of such Act (8 U.S.C. 1158).
                                 ______
                                 
  SA 1584. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S5047]]

     SEC. __. INELIGIBILITY FOR MEANS-BASED BENEFITS OF ALIENS 
                   ENTERING OR REMAINING IN UNITED STATES WHILE 
                   NOT IN LAWFUL STATUS.

       Notwithstanding any provision of this Act or any other 
     provision of law, no alien who has entered or remained in the 
     United States while not in lawful status under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall 
     be eligible for any Federal, State, or local government 
     means-tested benefit, nor shall such alien be eligible for 
     any benefit under the Patient Protection and Affordable Care 
     Act (Pub. L. 111-148), regardless of the alien's legal status 
     at the time of application for such benefit.
                                 ______
                                 
  SA 1585. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike subtitles A and B of title IV and insert the 
     following:

            Subtitle A--Employment-based Nonimmigrant Visas

     SEC. 4101. MARKET-BASED H-1B VISA LIMITS.

       (a) In General.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``(beginning with fiscal year 1992)''; and
       (2) by amending subparagraph (A) to read as follows:
       ``(A) under section 101(a)(15)(H)(i)(b) may not exceed--
       ``(i) 65,000 in fiscal year 2013; and
       ``(ii) 325,000 in each subsequent fiscal year; and'';

     SEC. 4102. WORK AUTHORIZATION FOR DEPENDENT SPOUSES OF H-1B 
                   NONIMMIGRANTS.

       Section 214(n) (8 U.S.C. 1184(n)) is amended--
       (1) by amending the subsection heading to read as follows 
     ``Employment Authorization for H-1B Nonimmigrants and Their 
     Spouses''; and
       (2) by adding at the end the following:
       ``(3) The spouse of an alien provided nonimmigrant status 
     under section 101(a)(15)(H)(i)(b) is authorized to accept 
     employment in the United States while his or her principal 
     alien spouse lawfully maintains such status while in the 
     United States.''.

     SEC. 4103. AUTHORIZATION OF DUAL INTENT.

       (a) Definition.--Section 101(a)(15)(F)(i) (8 U.S.C. 
     1101(a)(15)(F)(i)) is amended by striking ``which he has no 
     intention of abandoning'' and inserting ``which, if the alien 
     is not pursuing a course of study at an accredited 
     institution of higher education (as defined in section 101 of 
     the Higher Education Act of 1965 (20 U.S.C. 1001)), the alien 
     has no intention of abandoning''.
       (b) Presumption of Status; Intention To Abandon Foreign 
     Residence.--Section 214 (8 U.S.C. 1184) is amended--
       (1) in subsection (b), by striking ``(L) or (V)'' and 
     inserting ``(F), (L), or (V)''; and
       (2) in subsection (h), by striking ``(H)(i)(b) or (c)'' and 
     inserting ``(F), (H)(i)(b), (H)(i)(c)''.

     SEC. 4104. H-1B FEE INCREASE.

       (a) In General.--Section 214(c)(9) (8 U.S.C. 1184(c)(9)) is 
     amended by striking subparagraphs (B) and (C) and inserting 
     the following:
       ``(B) The amount of the fee imposed under subparagraph (A) 
     shall be--
       ``(i) $2,500 for each such petition by an employer with 
     more than 25 full-time equivalent employees who are employed 
     in the United States, including any affiliate or subsidiary 
     of such employer; or
       ``(ii) $1,250 for each such petition by any employer with 
     not more than 25 full-time equivalent employees who are 
     employed in the United States, including any affiliate or 
     subsidiary of such employer.
       ``(C) Of the amounts collected under this paragraph--
       ``(i) 60 percent shall be deposited in the H-1B 
     Nonimmigrant Petitioner Account in accordance with section 
     286(s); and
       ``(ii) 40 percent shall be deposited in the STEM Education 
     and Training Account established under section 286(w).''.
       (b) STEM Education and Training Account.--Section 286 (8 
     U.S.C. 1356) is amended by adding at the end the following:
       ``(w) STEM Education and Training Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `STEM Education and Training Account' (referred to in 
     this subsection as the `Account').
       ``(2) Deposits.--There shall be deposited as offsetting 
     receipts into the Account 40 percent of the fees collected 
     under section 214(c)(9)(B).
       ``(3) Use of funds.--Amounts deposited in the Account may 
     be used to enhance the economic competitiveness of the United 
     States by--
       ``(A) establishing a block grant program for States to 
     promote STEM education; and
       ``(B) carrying out programs to bridge STEM education with 
     employment, such as work-study program.''.
                                 ______
                                 
  SA 1586. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike sections 2303 through 2307 and insert the following:

     SEC. 2303. ELIMINATION OF ARBITRARY LIMITATION OF FOREIGN 
                   NATIONALITIES.

       (a) Repeal.--Section 202 (8 U.S.C. 1152) is repealed.
       (b) Conforming Amendment.--Section 203(b) (8 U.S.C. 
     1153(b)) is amended by striking paragraph (6).

     SEC. 2304. ELIMINATION OF DIVERSITY VISA LOTTERY.

       (a) Repeal.--Section 203(c) (8 U.S.C. 1153(c)) is repealed.
       (b) Conforming Amendments.--Title II (8 U.S.C. 1151 et 
     seq.) is amended--
       (1) in section 201--
       (A) in subsection (a), by striking paragraph (3); and
       (B) by striking subsection (e); and
       (2) in section 204(a)(1), by striking subparagraph (I).

     SEC. 2305. FAMILY-SPONSORED IMMIGRANTS.

       (a) Numerical Limitations.--Section 201(c) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(c) Worldwide Level of Family-sponsored Immigrants.--The 
     maximum worldwide level of family-sponsored immigrants for 
     each fiscal year shall be 337,500.''.
       (b) Visa Allocation for Family-sponsored Immigrants .--
     Section 203(a) (8 U.S.C. 1153(a)) is amended to read as 
     follows:
       ``(a) Visa Allocation for Family-sponsored Immigrants.--
     Qualified immigrants who are the unmarried sons or unmarried 
     daughters (but not children) of a citizen of the United 
     States or an alien lawfully admitted for permanent residence 
     shall be allocated all of the visas made available under 
     section 201(c).''.
       (c) Expansion of Immediate Relative Definition.--Section 
     201(b)(2)(A) (8 U.S.C. 1151(b)(2)(A)) is amended to read as 
     follows:
       ``(A)(i) Immediate relatives.
       ``(ii) Aliens admitted under section 211(a) on the basis of 
     a prior issuance of a visa to their accompanying parent who 
     is an immediate relative.
       ``(iii) In this subparagraph the term `immediate relatives' 
     means the children, spouse, and parents of a citizen of the 
     United States or of a lawful permanent resident. If the 
     immediate relative is a parent, the citizen or permanent 
     resident shall be at least 21 years of age. If the alien was 
     the spouse of a citizen of the United States or of a lawful 
     permanent resident and was not legally separated from the 
     citizen or permanent resident at the time of the citizen's or 
     permanent resident's death, the alien (and each child of the 
     alien) shall be considered, for purposes of this 
     subparagraph, to remain an immediate relative after the date 
     of the citizen's or permanent resident's death and until the 
     date the spouse remarries if the spouse files a petition 
     under section 204(a)(1)(A)(ii) not later than 2 years after 
     such death. An alien who has filed a petition under clause 
     (iii) or (iv) of section 204(a)(1)(A) shall remain an 
     immediate relative if the United States citizen or lawful 
     permanent resident spouse or parent loses United States 
     citizenship or lawful permanent resident status on account of 
     the abuse.''.
       (d) Conforming Amendments.--The Act (8 U.S.C. 1101 et seq.) 
     is amended--
       (1) in section 101(a)(15)(V), by striking ``203(a)(2)(A)'' 
     each place it appears and inserting ``203(a)'';
       (2) in section 201(f)--
       (A) in paragraph (2), by striking ``203(a)(2)(A)'' and 
     inserting ``203(a)''; and
       (B) by striking paragraph (3); and
       (C) by redesignating paragraph (4) as paragraph (3); and
       (D) in paragraph (3), as redesignated, by striking ``(1) 
     through (3)'' and inserting ``(1) and (2)''; and
       (3) in section 204--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A)(i), by striking ``paragraph (1), 
     (3), or (4) of section 203(a)'' and inserting ``section 
     203(a)''; and
       (ii) in subparagraph (B)--

       (I) in clause (i)(I), by striking ``section 203(a)(2)'' and 
     inserting ``section 203(a)''; and
       (II) in clause (ii), by striking ``clause (iii) of section 
     203(a)(2)(A)'' each place it appears and inserting ``section 
     203(a)''; and
       (III) in clause (iii), by striking ``section 203(a)(2)(A)'' 
     and inserting ``section 203(a)''; and

       (iii) in subparagraph (D)(i)(I), by striking ``paragraph 
     (1), (2), or (3) of section 203(a)'' and inserting ``section 
     203(a)'';
       (B) in subsection (a)(2)(A), in the undesignated matter 
     after clause (ii), by striking ``preference status under 
     section 203(a)(2)'' and inserting ``status as an immediate 
     relative under section 201(b)(2)(A)''; and
       (C) in subsection (k)(1), by striking ``section 
     203(a)(2)(B)'' and inserting ``section 203(a)''.

     SEC. 2306. EMPLOYMENT-BASED IMMIGRANTS.

       (a) Numerical Limitations.--Section 201(d) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(d) Worldwide Level of Employment-based Immigrants.--The 
     maximum worldwide level of employment-based immigrants for 
     each fiscal year shall be 1,012,500.''.
       (b) Visa Allocation for Employment-based Immigrants .--
     Section 203(b) (8 U.S.C. 1153(a)) is amended to read as 
     follows:
       ``(b) Visa Allocation for Employment-based Immigrants.--
     Aliens subject to the worldwide level specified in section 
     201(d) for

[[Page S5048]]

     employment-based immigrants in a fiscal year shall be 
     allocated visas as follows:
       ``(1) Highly-skilled workers.--Up to 607,500 visas shall be 
     allocated each fiscal year to qualified immigrants described 
     in this paragraph, with preference to be given to immigrants 
     described in subparagraph (A).
       ``(A) Advanced degrees in stem field.--An alien described 
     in this paragraph holds an advanced degree in science, 
     technology, engineering, or mathematics from an accredited 
     institution of higher education in the United States.
       ``(B) Aliens with extraordinary ability.--An alien 
     described in this subparagraph--
       ``(i) has extraordinary ability in the sciences, arts, 
     education, business, or athletics which has been demonstrated 
     by sustained national or international acclaim and whose 
     achievements have been recognized in the field through 
     extensive documentation;
       ``(ii) seeks to enter the United States to continue work in 
     the area of extraordinary ability; and
       ``(iii) will substantially benefit the United States.
       ``(C) Outstanding professors and researchers.--An alien 
     described in this subparagraph--
       ``(i) is recognized internationally as outstanding in a 
     specific academic area;
       ``(ii) has at least 3 years of experience in teaching or 
     research in the academic area; and
       ``(iii) seeks to enter the United States--

       ``(I) for a tenured position (or tenure-track position) 
     within a university or institution of higher education to 
     teach in the academic area;
       ``(II) for a comparable position with a university or 
     institution of higher education to conduct research in the 
     area; or
       ``(III) for a comparable position to conduct research in 
     the area with a department, division, or institute of a 
     private employer, if the department, division, or institute 
     employs at least 3 persons full-time in research activities 
     and has achieved documented accomplishments in an academic 
     field.

       ``(D) Certain multinational executives and managers.--An 
     alien described in this subparagraph, in the 3 years 
     preceding the time of the alien's application for 
     classification and admission into the United States under 
     this subparagraph, has been employed for at least 1 year by a 
     firm or corporation or other legal entity or an affiliate or 
     subsidiary thereof and the alien seeks to enter the United 
     States in order to continue to render services to the same 
     employer or to a subsidiary or affiliate thereof in a 
     capacity that is managerial or executive.
       ``(E) Skilled workers, professionals, and other workers.--
     An alien described in this subparagraph--
       ``(i) is capable, at the time of petitioning for 
     classification under this paragraph, of performing skilled 
     labor (requiring at least 2 years training or experience), 
     not of a temporary or seasonal nature, for which qualified 
     workers are not available in the United States; or
       ``(ii) holds a baccalaureate degree and is a members of the 
     professions.
       ``(F) Employment creation.--An alien described in this 
     subparagraph seeks to enter the United States for the purpose 
     of engaging in a new commercial enterprise (including a 
     limited partnership)--
       ``(i) in which such alien has invested (after the date of 
     the enactment of the Immigration Act of 1990) or, is actively 
     in the process of investing, capital in an amount not less 
     than $1,000,000; and
       ``(ii) which will benefit the United States economy and 
     create full-time employment for not fewer than 10 United 
     States citizens or aliens lawfully admitted for permanent 
     residence or other immigrants lawfully authorized to be 
     employed in the United States (other than the immigrant and 
     the immigrant's spouse, sons, or daughters).
       ``(2) Workers in designated shortage occupations.--Up to 
     405,000 visas shall be allocated each fiscal year to 
     qualified immigrants who--
       ``(A) are not described in paragraph (1); and
       ``(B) have at least 2 years experience in an occupation 
     designated by the Bureau of Labor Statistics as experiencing 
     a shortage of labor throughout the United States.''.
       (c) Treatment of Family Members.--Section 203(d) (8 U.S.C. 
     1153(d)) is amended--
       (1) by striking ``(a), (b), or (c)'' and inserting ``(a) or 
     (b)''; and
       (2) by adding at the end the following: ``The spouse, 
     children, or parents of an alien receiving a visa under 
     subsection 203(b) who are accompanying or following to join 
     the alien shall be counted against the numerical limitations 
     set forth in subsection (b).''.

     SEC. 2307. ONLINE PORTAL FOR LAWFUL PERMANENT RESIDENT 
                   APPLICATIONS.

       (a) Establishment.--The Secretary shall establish an online 
     portal through which individuals may submit applications for 
     lawful permanent resident status.
       (b) Features.--The online portal established pursuant to 
     subsection (a) shall provide--
       (1) step-by-step instructions, in plain English, describing 
     what information and supporting documentation is required to 
     be submitted;
       (2) an e-mail or text message to notify applicants of 
     changes in the status of their application.
       (c) User Fee.--In addition to any other fees required of 
     applicants for lawful permanent under any other provision of 
     law, the Secretary may charge individuals who apply for such 
     status through the online portal established pursuant to 
     subsection (a) a fee in an amount sufficient to pay for the 
     costs of maintaining the online portal.
       (d) Time Limitation.--All petitions submitted through the 
     online portal established pursuant to subsection (a) shall be 
     adjudicated in 60 days or less.
       (e) Naturalization of Employees of Certain National 
     Security Facilities Without Regard to Residency 
     Requirements.--Section 316 (8 U.S.C. 1427) is amended by 
     adding at the end the following:
       ``(g)(1) Any person who, while an alien or a noncitizen 
     national of the United States, has been employed in a 
     research capacity at a Federal national security, science, 
     and technology laboratory, center, or agency (as defined 
     pursuant to section 203(b)(2)(C)) for a period or periods 
     aggregating one year or more may, in the discretion of the 
     Secretary, be naturalized without regard to the residence 
     requirements of this section if the person--
       ``(A) has complied with all requirements as determined by 
     the Secretary of Homeland Security, the Secretary of Defense, 
     the Secretary of Energy, or the head of a petitioning 
     department or agency of the Federal Government, including 
     contractual requirements to maintain employment in a research 
     capacity with a Federal national security, science, and 
     technology laboratory, center, or agency for a period not to 
     exceed five years; and
       ``(B) has favorably completed and adjudicated a background 
     investigation at the appropriate level, from the employing 
     department or agency of the Federal Government within the 
     last five years.
       ``(2) The number of aliens or noncitizen nationals 
     naturalized in any fiscal year under this subsection shall 
     not exceed a number as defined by the Secretary of Homeland 
     Security, in consultation with the head of the petitioning 
     department or agency of the Federal Government.''.
                                 ______
                                 
  SA 1587. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike sections 2303 through 2307 and insert the following:

     SEC. 2303. ELIMINATION OF ARBITRARY LIMITATION OF FOREIGN 
                   NATIONALITIES.

       (a) Repeal.--Section 202 (8 U.S.C. 1152) is repealed.
       (b) Conforming Amendment.--Section 203(b) (8 U.S.C. 
     1153(b)) is amended by striking paragraph (6).

     SEC. 2304. ELIMINATION OF DIVERSITY VISA LOTTERY.

       (a) Repeal.--Section 203(c) (8 U.S.C. 1153(c)) is repealed.
       (b) Conforming Amendments.--Title II (8 U.S.C. 1151 et 
     seq.) is amended--
       (1) in section 201--
       (A) in subsection (a), by striking paragraph (3); and
       (B) by striking subsection (e); and
       (2) in section 204(a)(1), by striking subparagraph (I).

     SEC. 2305. FAMILY-SPONSORED IMMIGRANTS.

       (a) Numerical Limitations.--Section 201(c) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(c) Worldwide Level of Family-sponsored Immigrants.--The 
     maximum worldwide level of family-sponsored immigrants for 
     each fiscal year shall be 337,500.''.
       (b) Visa Allocation for Family-sponsored Immigrants .--
     Section 203(a) (8 U.S.C. 1153(a)) is amended to read as 
     follows:
       ``(a) Visa Allocation for Family-sponsored Immigrants.--
     Qualified immigrants who are the unmarried sons or unmarried 
     daughters (but not children) of a citizen of the United 
     States or an alien lawfully admitted for permanent residence 
     shall be allocated all of the visas made available under 
     section 201(c).''.
       (c) Expansion of Immediate Relative Definition.--Section 
     201(b)(2)(A) (8 U.S.C. 1151(b)(2)(A)) is amended to read as 
     follows:
       ``(A)(i) Immediate relatives.
       ``(ii) Aliens admitted under section 211(a) on the basis of 
     a prior issuance of a visa to their accompanying parent who 
     is an immediate relative.
       ``(iii) In this subparagraph the term `immediate relatives' 
     means the children, spouse, and parents of a citizen of the 
     United States or of a lawful permanent resident. If the 
     immediate relative is a parent, the citizen or permanent 
     resident shall be at least 21 years of age. If the alien was 
     the spouse of a citizen of the United States or of a lawful 
     permanent resident and was not legally separated from the 
     citizen or permanent resident at the time of the citizen's or 
     permanent resident's death, the alien (and each child of the 
     alien) shall be considered, for purposes of this 
     subparagraph, to remain an immediate relative after the date 
     of the citizen's or permanent resident's death and until the 
     date the spouse remarries if the spouse files a petition 
     under section 204(a)(1)(A)(ii) not later than 2 years after 
     such death. An alien who has filed a petition under clause 
     (iii) or (iv) of section 204(a)(1)(A) shall remain an 
     immediate relative if the United States citizen or lawful 
     permanent resident spouse or parent loses United States 
     citizenship or lawful permanent resident status on account of 
     the abuse.''.
       (d) Conforming Amendments.--The Act (8 U.S.C. 1101 et seq.) 
     is amended--

[[Page S5049]]

       (1) in section 101(a)(15)(V), by striking ``203(a)(2)(A)'' 
     each place it appears and inserting ``203(a)'';
       (2) in section 201(f)--
       (A) in paragraph (2), by striking ``203(a)(2)(A)'' and 
     inserting ``203(a)''; and
       (B) by striking paragraph (3); and
       (C) by redesignating paragraph (4) as paragraph (3); and
       (D) in paragraph (3), as redesignated, by striking ``(1) 
     through (3)'' and inserting ``(1) and (2)''; and
       (3) in section 204--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A)(i), by striking ``paragraph (1), 
     (3), or (4) of section 203(a)'' and inserting ``section 
     203(a)''; and
       (ii) in subparagraph (B)--

       (I) in clause (i)(I), by striking ``section 203(a)(2)'' and 
     inserting ``section 203(a)''; and
       (II) in clause (ii), by striking ``clause (iii) of section 
     203(a)(2)(A)'' each place it appears and inserting ``section 
     203(a)''; and
       (III) in clause (iii), by striking ``section 203(a)(2)(A)'' 
     and inserting ``section 203(a)''; and

       (iii) in subparagraph (D)(i)(I), by striking ``paragraph 
     (1), (2), or (3) of section 203(a)'' and inserting ``section 
     203(a)'';
       (B) in subsection (a)(2)(A), in the undesignated matter 
     after clause (ii), by striking ``preference status under 
     section 203(a)(2)'' and inserting ``status as an immediate 
     relative under section 201(b)(2)(A)''; and
       (C) in subsection (k)(1), by striking ``section 
     203(a)(2)(B)'' and inserting ``section 203(a)''.

     SEC. 2306. EMPLOYMENT-BASED IMMIGRANTS.

       (a) Numerical Limitations.--Section 201(d) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(d) Worldwide Level of Employment-based Immigrants.--The 
     maximum worldwide level of employment-based immigrants for 
     each fiscal year shall be 1,012,500.''.
       (b) Visa Allocation for Employment-based Immigrants .--
     Section 203(b) (8 U.S.C. 1153(a)) is amended to read as 
     follows:
       ``(b) Visa Allocation for Employment-based Immigrants.--
     Aliens subject to the worldwide level specified in section 
     201(d) for employment-based immigrants in a fiscal year shall 
     be allocated visas as follows:
       ``(1) Highly-skilled workers.--Up to 607,500 visas shall be 
     allocated each fiscal year to qualified immigrants described 
     in this paragraph, with preference to be given to immigrants 
     described in subparagraph (A).
       ``(A) Advanced degrees in stem field.--An alien described 
     in this paragraph holds an advanced degree in science, 
     technology, engineering, or mathematics from an accredited 
     institution of higher education in the United States.
       ``(B) Aliens with extraordinary ability.--An alien 
     described in this subparagraph--
       ``(i) has extraordinary ability in the sciences, arts, 
     education, business, or athletics which has been demonstrated 
     by sustained national or international acclaim and whose 
     achievements have been recognized in the field through 
     extensive documentation;
       ``(ii) seeks to enter the United States to continue work in 
     the area of extraordinary ability; and
       ``(iii) will substantially benefit the United States.
       ``(C) Outstanding professors and researchers.--An alien 
     described in this subparagraph--
       ``(i) is recognized internationally as outstanding in a 
     specific academic area;
       ``(ii) has at least 3 years of experience in teaching or 
     research in the academic area; and
       ``(iii) seeks to enter the United States--

       ``(I) for a tenured position (or tenure-track position) 
     within a university or institution of higher education to 
     teach in the academic area;
       ``(II) for a comparable position with a university or 
     institution of higher education to conduct research in the 
     area; or
       ``(III) for a comparable position to conduct research in 
     the area with a department, division, or institute of a 
     private employer, if the department, division, or institute 
     employs at least 3 persons full-time in research activities 
     and has achieved documented accomplishments in an academic 
     field.

       ``(D) Certain multinational executives and managers.--An 
     alien described in this subparagraph, in the 3 years 
     preceding the time of the alien's application for 
     classification and admission into the United States under 
     this subparagraph, has been employed for at least 1 year by a 
     firm or corporation or other legal entity or an affiliate or 
     subsidiary thereof and the alien seeks to enter the United 
     States in order to continue to render services to the same 
     employer or to a subsidiary or affiliate thereof in a 
     capacity that is managerial or executive.
       ``(E) Skilled workers, professionals, and other workers.--
     An alien described in this subparagraph--
       ``(i) is capable, at the time of petitioning for 
     classification under this paragraph, of performing skilled 
     labor (requiring at least 2 years training or experience), 
     not of a temporary or seasonal nature, for which qualified 
     workers are not available in the United States; or
       ``(ii) holds a baccalaureate degree and is a members of the 
     professions.
       ``(F) Employment creation.--An alien described in this 
     subparagraph seeks to enter the United States for the purpose 
     of engaging in a new commercial enterprise (including a 
     limited partnership)--
       ``(i) in which such alien has invested (after the date of 
     the enactment of the Immigration Act of 1990) or, is actively 
     in the process of investing, capital in an amount not less 
     than $1,000,000; and
       ``(ii) which will benefit the United States economy and 
     create full-time employment for not fewer than 10 United 
     States citizens or aliens lawfully admitted for permanent 
     residence or other immigrants lawfully authorized to be 
     employed in the United States (other than the immigrant and 
     the immigrant's spouse, sons, or daughters).
       ``(2) Workers in designated shortage occupations.--Up to 
     405,000 visas shall be allocated each fiscal year to 
     qualified immigrants who--
       ``(A) are not described in paragraph (1); and
       ``(B) have at least 2 years experience in an occupation 
     designated by the Bureau of Labor Statistics as experiencing 
     a shortage of labor throughout the United States.''.
       (c) Treatment of Family Members.--Section 203(d) (8 U.S.C. 
     1153(d)) is amended--
       (1) by striking ``(a), (b), or (c)'' and inserting ``(a) or 
     (b)''; and
       (2) by adding at the end the following: ``The spouse, 
     children, or parents of an alien receiving a visa under 
     subsection 203(b) who are accompanying or following to join 
     the alien shall be counted against the numerical limitations 
     set forth in subsection (b).''.

     SEC. 2307. ONLINE PORTAL FOR LAWFUL PERMANENT RESIDENT 
                   APPLICATIONS.

       (a) Establishment.--The Secretary shall establish an online 
     portal through which individuals may submit applications for 
     lawful permanent resident status.
       (b) Features.--The online portal established pursuant to 
     subsection (a) shall provide--
       (1) step-by-step instructions, in plain English, describing 
     what information and supporting documentation is required to 
     be submitted;
       (2) an e-mail or text message to notify applicants of 
     changes in the status of their application.
       (c) User Fee.--In addition to any other fees required of 
     applicants for lawful permanent under any other provision of 
     law, the Secretary may charge individuals who apply for such 
     status through the online portal established pursuant to 
     subsection (a) a fee in an amount sufficient to pay for the 
     costs of maintaining the online portal.
       (d) Time Limitation.--All petitions submitted through the 
     online portal established pursuant to subsection (a) shall be 
     adjudicated in 60 days or less.
       (e) Naturalization of Employees of Certain National 
     Security Facilities Without Regard to Residency 
     Requirements.--Section 316 (8 U.S.C. 1427) is amended by 
     adding at the end the following:
       ``(g)(1) Any person who, while an alien or a noncitizen 
     national of the United States, has been employed in a 
     research capacity at a Federal national security, science, 
     and technology laboratory, center, or agency (as defined 
     pursuant to section 203(b)(2)(C)) for a period or periods 
     aggregating one year or more may, in the discretion of the 
     Secretary, be naturalized without regard to the residence 
     requirements of this section if the person--
       ``(A) has complied with all requirements as determined by 
     the Secretary of Homeland Security, the Secretary of Defense, 
     the Secretary of Energy, or the head of a petitioning 
     department or agency of the Federal Government, including 
     contractual requirements to maintain employment in a research 
     capacity with a Federal national security, science, and 
     technology laboratory, center, or agency for a period not to 
     exceed five years; and
       ``(B) has favorably completed and adjudicated a background 
     investigation at the appropriate level, from the employing 
     department or agency of the Federal Government within the 
     last five years.
       ``(2) The number of aliens or noncitizen nationals 
     naturalized in any fiscal year under this subsection shall 
     not exceed a number as defined by the Secretary of Homeland 
     Security, in consultation with the head of the petitioning 
     department or agency of the Federal Government.''.
       Strike subtitles A and B of title IV and insert the 
     following:

     SEC. 4101. MARKET-BASED H-1B VISA LIMITS.

       (a) In General.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``(beginning with fiscal year 1992)''; and
       (2) by amending subparagraph (A) to read as follows:
       ``(A) under section 101(a)(15)(H)(i)(b) may not exceed--
       ``(i) 65,000 in fiscal year 2013; and
       ``(ii) 325,000 in each subsequent fiscal year; and'';

     SEC. 4102. WORK AUTHORIZATION FOR DEPENDENT SPOUSES OF H-1B 
                   NONIMMIGRANTS.

       Section 214(n) (8 U.S.C. 1184(n)) is amended--
       (1) by amending the subsection heading to read as follows 
     ``Employment Authorization for H-1B Nonimmigrants and Their 
     Spouses''; and
       (2) by adding at the end the following:
       ``(3) The spouse of an alien provided nonimmigrant status 
     under section 101(a)(15)(H)(i)(b) is authorized to accept 
     employment in the United States while his or her principal 
     alien spouse lawfully maintains such status while in the 
     United States.''.

[[Page S5050]]

     SEC. 4103. AUTHORIZATION OF DUAL INTENT.

       (a) Definition.--Section 101(a)(15)(F)(i) (8 U.S.C. 
     1101(a)(15)(F)(i)) is amended by striking ``which he has no 
     intention of abandoning'' and inserting ``which, if the alien 
     is not pursuing a course of study at an accredited 
     institution of higher education (as defined in section 101 of 
     the Higher Education Act of 1965 (20 U.S.C. 1001)), the alien 
     has no intention of abandoning''.
       (b) Presumption of Status; Intention To Abandon Foreign 
     Residence.--Section 214 (8 U.S.C. 1184) is amended--
       (1) in subsection (b), by striking ``(L) or (V)'' and 
     inserting ``(F), (L), or (V)''; and
       (2) in subsection (h), by striking ``(H)(i)(b) or (c)'' and 
     inserting ``(F), (H)(i)(b), (H)(i)(c)''.

     SEC. 4104. H-1B FEE INCREASE.

       (a) In General.--Section 214(c)(9) (8 U.S.C. 1184(c)(9)) is 
     amended by striking subparagraphs (B) and (C) and inserting 
     the following:
       ``(B) The amount of the fee imposed under subparagraph (A) 
     shall be--
       ``(i) $2,500 for each such petition by an employer with 
     more than 25 full-time equivalent employees who are employed 
     in the United States, including any affiliate or subsidiary 
     of such employer; or
       ``(ii) $1,250 for each such petition by any employer with 
     not more than 25 full-time equivalent employees who are 
     employed in the United States , including any affiliate or 
     subsidiary of such employer.
       ``(C) Of the amounts collected under this paragraph--
       ``(i) 60 percent shall be deposited in the H-1B 
     Nonimmigrant Petitioner Account in accordance with section 
     286(s); and
       ``(ii) 40 percent shall be deposited in the STEM Education 
     and Training Account established under section 286(w).''.
       (b) STEM Education and Training Account.--Section 286 (8 
     U.S.C. 1356) is amended by adding at the end the following:
       ``(w) STEM Education and Training Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `STEM Education and Training Account' (referred to in 
     this subsection as the `Account').
       ``(2) Deposits.--There shall be deposited as offsetting 
     receipts into the Account 40 percent of the fees collected 
     under section 214(c)(9)(B).
       ``(3) Use of funds.--Amounts deposited in the Account may 
     be used to enhance the economic competitiveness of the United 
     States by--
       ``(A) establishing a block grant program for States to 
     promote STEM education; and
       ``(B) carrying out programs to bridge STEM education with 
     employment, such as work-study program.''.
                                 ______
                                 
  SA 1588. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 2108 and insert the following:

     SEC. 2108. HIRING.

       (a) Hiring Rules Exemption.--The Secretary is authorized to 
     make term, temporary limited, and part-time appointments of 
     employees who will implement this title and the amendments 
     made by this title without regard to the number of such 
     employees, their ratio to permanent full-time employees, and 
     the duration of their employment.
       (b) Authority to Waive Annuity Limitations.--Section 
     824(g)(2)(B) of the Foreign Service Act of 1980 (22 U.S.C. 
     4064(g)(2)(B)) is amended by striking ``2009'' and inserting 
     ``2017''.
                                 ______
                                 
  SA 1589. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 56, strike line 1, and insert the following:
       (d) Oversight of Trust Fund.--
       (1) Office of inspector general.--
       (A) Plan.--Not later than 90 days after the date of 
     enactment of this Act, the Inspector General of the 
     Department, in consultation with the Inspectors General of 
     other relevant agencies, shall submit a plan for oversight of 
     the implementation of this Act and the amendments made by 
     this Act. In developing the plan under this subparagraph, the 
     Inspector General shall give particular emphasis to 
     management of the Trust Fund and oversight of the deployment 
     of resources, infrastructure, and funds under the 
     Comprehensive Southern Border Security Strategy and the 
     Southern Border Fencing Strategy and to implement the 
     Employment Verification System established under section 
     274A(d)(1)(A) of the Immigration and Nationality Act (as 
     amended by section 3101 of this Act).
       (B) Availability of funds.--In addition to the amounts made 
     available under paragraph (3), there are authorized to be 
     appropriated to the Inspector General of the Department such 
     sums as are necessary to conduct oversight under the plan 
     submitted under subparagraph (A).
       (2) Department plan.--Not later than 90 days after the date 
     of enactment of this Act, 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 plan that describes the actions 
     the Department shall take, the employees the Department shall 
     assign, and the procedures the Department shall implement to 
     ensure that funds from the Trust Fund are--
       (A) spent efficiently and effectively;
       (B) well managed, including with respect to the awarding 
     and administration of contracts and the validation of 
     technology; and
       (C) managed so as to comply with all applicable financial 
     audit standards.
       (3) Availability of funds.--For the purposes of ensuring 
     the funds in the Trust Fund are spent efficiently and 
     effectively and are well managed and for the cost of 
     conducting the audits required under subsection (c), 0.5 
     percent of funds deposited in the Trust Fund each fiscal year 
     under subsection (a)(2) shall be provided in each such fiscal 
     year to the Secretary, who shall transfer half of the amount 
     received each fiscal year to the Inspector General of the 
     Department. Amounts made available under this paragraph shall 
     remain available until the end of the 10th fiscal year 
     beginning after the date on which the amounts are made 
     available to the Secretary.
       (e) Determination of Budgetary Effects.--
                                 ______
                                 
  SA 1590. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 62, after line 23, add the following:

     SEC. 10. IMMIGRATION REFORM IMPLEMENTATION COUNCIL.

       (a) Establishment.--Not later than 30 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     coordinating body, to be known as the Immigration Reform 
     Implementation Council (in this section referred to as the 
     ``Implementation Council''), to oversee implementation of 
     those portions of this Act and the amendments made by this 
     Act that lie within the responsibilities of the Department.
       (b) Chairperson.--The Deputy Secretary of Homeland Security 
     shall serve as Chairperson of the Implementation Council, 
     reporting to and under the authority of the Secretary and in 
     keeping with the authorities specified by the Homeland 
     Security Act of 2002 (Public Law 107-296).
       (c) Membership.--The members of the Implementation Council 
     shall include the following:
       (1) The Commissioner for Customs and Border Protection.
       (2) The Assistant Secretary for Immigration and Customs 
     Enforcement.
       (3) The Director of U.S. Citizenship and Immigration 
     Services.
       (4) The Under Secretary for Management.
       (5) The General Counsel of the Department.
       (6) The Assistant Secretary for Policy.
       (7) The Director of the Office of International Affairs.
       (8) The Officer for Civil Rights and Civil Liberties.
       (9) The Privacy Officer.
       (10) The Director of the Office of Biometric Identity 
     Management.
       (11) Other appropriate officers or employees of the 
     Department, as determined by the Secretary or the Chairperson 
     of the Implementation Council.
       (d) Duties.--The Implementation Council shall--
       (1) meet regularly to coordinate implementation of this Act 
     and the amendments made by this Act, with particular regard 
     to--
       (A) broad policy coordination of immigration reform under 
     this Act and the amendments made by this Act;
       (B) policy and operational concerns regarding the 
     Comprehensive Immigration Reform Trust Fund established under 
     section 6;
       (C) timely development of regulations required by this Act 
     or an amendment made by this Act and related guidance; and
       (D) participating in interagency decisionmaking with the 
     Executive Office of the President, the Office of Management 
     and Budget, the Department of State, the Department of 
     Justice, the Department of Labor, and other agencies 
     regarding implementation of this Act and the amendments made 
     by this Act;
       (2) establish liaisons to other agencies responsible for 
     implementing significant portions of this Act or the 
     amendments made by this Act, including the Department of 
     State, the Department of Justice, the Department of Labor;
       (3) establish liaisons to key stakeholders, including 
     employer associations and labor unions;
       (4) provide regular briefings to the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and other appropriate committees of 
     Congress;
       (5) provide timely information regarding Department-wide 
     implementation of this Act and the amendments made by this 
     Act through a single, centralized location on the website of 
     the Department; and

[[Page S5051]]

       (6) conduct such other activities as the Secretary or 
     Chairperson of the Implementation Council determine 
     appropriate.
       (e) Maintenance of Council.--The Implementation Council 
     shall terminate at the end of the period necessary for the 
     Department to implement substantially the responsibilities of 
     the Department under this Act and the amendments made by this 
     Act, as determined by the Secretary, but in no event earlier 
     than 10 years after the date of enactment of this Act.
       (f) Staff.--The Deputy Secretary of Homeland Security shall 
     appoint a full-time executive director and such other 
     employees as are necessary for the Implementation Council.
       (g) Availability of Funds.--Amounts made available to the 
     Secretary under section 6(b) may be used to support the 
     activities of the Implementation Council in implementing this 
     Act and the amendments made by this Act.
                                 ______
                                 
  SA 1591. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       After section 1123, insert the following:

     SEC. 1124. BETTER ENFORCEMENT THROUGH TRANSPARENCY AND 
                   ENHANCED REPORTING ON THE BORDER ACT.

       (a) Short Title.--This section may be cited as the ``Better 
     Enforcement Through Transparency and Enhanced Reporting on 
     the Border Act'' or the ``BETTER Border Act''.
       (b) Office of Homeland Security Statistics.--
       (1) Establishment.--There is established within the 
     Department an Office of Homeland Security Statistics 
     (referred to in this section as the ``Office''), which shall 
     be headed by a Director.
       (2) Transfer of functions.--
       (A) Abolishment of office of immigration statistics.--The 
     Office of Immigration Statistics of the Department is 
     abolished.
       (B) Transfer of functions.--All functions and 
     responsibilities of the Office of Immigration Statistics as 
     of the day before the date of the enactment of this Act, 
     including all of the personnel, assets, components, 
     authorities, programs, and liabilities of the Office of 
     Immigration Statistics, are transferred to the Office of 
     Homeland Security Statistics.
       (3) Duties.--The Director of the Office shall--
       (A) collect information from agencies of the Department, 
     including internal databases used to--
       (i) undertake border inspections;
       (ii) identify visa overstays;
       (iii) undertake immigration enforcement actions; and
       (iv) grant immigration benefits;
       (B) produce the annual report required to be submitted to 
     Congress under subsection (c); and
       (C) collect the information described in section 103(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1103(d)) and 
     disseminate such information to Congress and to the public;
       (D) produce any other reports and conduct any other work 
     that the Office of Immigration Statistics was required to 
     produce or conduct before the date of the enactment of this 
     Act; and
       (E) produce such other reports or conduct such other work 
     as the Secretary determines to be necessary.
       (4) Intradepartmental data sharing.--Agencies and offices 
     of the Department shall share any data that is required to 
     comply with this section.
       (5) Consultation.--In carrying out this subsection, the 
     Director of the Office shall consult with the Ombudsman for 
     Immigration Related Concerns to the greatest extent 
     practicable.
       (6) Placement.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall notify 
     Congress where the Office has been established within the 
     Department.
       (7) Conforming amendment.--Section 103(d) (8 U.S.C. 
     1103(d)) is amended by striking ``Commissioner'' and 
     inserting ``Director of the Office of Homeland Security 
     Statistics''.
       (c) Report on Performance Metrics.--
       (1) In general.--In addition to any reports required to be 
     produced by the Office of Immigration Statistics before the 
     date of enactment of this Act, the Director, on an annual 
     basis, shall submit to Congress a report on performance 
     metrics that will enable--
       (A) the Department to develop an understanding of--
       (i) the security of the border;
       (ii) efforts to enforce immigration laws within the United 
     States; and
       (iii) the overall working of the immigration system; and
       (B) policy makers, including Congress--
       (i) to make more effective investments in order to secure 
     the border;
       (ii) to enforce the immigration laws of the United States; 
     and
       (iii) to ensure that the Federal immigration system is 
     working efficiently at every level.
       (2) Contents.--The report required under paragraph (1) 
     shall contain outcome performance measures, for the year 
     covered by the report, including--
       (A) for the areas between ports of entry--
       (i) the estimated number of attempted illegal entries, the 
     estimated number of successful entries, and the number of 
     apprehensions, categorized by sector;
       (ii) the number of individuals that attempted to cross the 
     border and information concerning how many times individuals 
     attempted to cross, categorized by sector;
       (iii) the number of individuals returned to Mexico 
     voluntarily, criminally prosecuted, and receiving any other 
     form of sanctions, categorized by sector; and
       (iv) the recidivism rates for all classes of individuals 
     apprehended, including individuals returned to Mexico 
     voluntarily, criminally prosecuted, and receiving any other 
     form of sanctions, categorized by sector;
       (B) for ports of entry--
       (i) the estimated number of attempted illegal entries, the 
     number of apprehensions, and the estimated number of 
     successful entries, categorized by field office; and
       (ii) information compiled based on random samples of 
     secondary inspections, including estimates of the 
     effectiveness of inspectors in identifying civil and criminal 
     immigration and customs violations, categorized by field 
     office; and
       (iii) enforcement outcomes for individuals denied 
     admission, including the number of--

       (I) individuals allowed to withdraw their application for 
     admission or voluntarily return to their country of origin;
       (II) individuals referred for criminal prosecution; and
       (III) individuals receiving any other form of 
     administrative sanction;

       (C) for visa overstays--
       (i) the number of people that overstay the terms of their 
     admission into the United States, categorized by--

       (I) nationality;
       (II) type of visa or entry; and
       (III) length of time an individual overstayed, including--

       (aa) the number of individuals who overstayed less than 180 
     days;
       (bb) the number of individuals who overstayed less than 1 
     year; and
       (cc) the number of individuals who overstayed for 1 year or 
     longer; and
       (ii) estimates of the total number of unauthorized aliens 
     in the United States that entered legally and overstayed the 
     terms of their admission;
       (D) for interior enforcement--
       (i) the number of arrests made by U.S. Immigration and 
     Customs Enforcement for civil violations of immigration laws 
     and the number of arrests made for criminal violations, 
     categorized by Special Agent in Charge field office;
       (ii) the legal basis for the arrests pursuant to criminal 
     statutes described in clause (i);
       (iii) the ultimate disposition of the arrests described in 
     clause (i);
       (iv) the overall number of removals and the number of 
     removals, by nationality;
       (v) the overall average length of detention and the length 
     of detention, by nationality; and
       (vi) the number of referrals from U.S. Citizenship and 
     Immigration Services to Immigration and Customs Enforcement, 
     and the ultimate outcome of these referrals, including how 
     many resulted in removal proceedings;
       (E) for immigration benefits--
       (i) the number of applications processed, rejected, and 
     accepted each year for all categories of immigration 
     benefits, categorized by visa type;
       (ii) the mean and median processing times for all 
     categories of immigration benefits, categorized by visa type; 
     and
       (iii) data relating to fraud uncovered in applications for 
     all categories of immigration benefits, categorized by visa 
     type; and
       (F) for the Employment Verification System established 
     under section 274A of the Immigration and Nationality Act (8 
     U.S.C. 1324a)--
       (i) the total number of tentative nonconfirmations (further 
     action notices);
       (ii) the number of tentative nonconfirmations issued to 
     workers who were subsequently found to be authorized for 
     employment in the United States;
       (iii) the total number of final nonconfirmations;
       (iv) the number of final nonconfirmations issued to workers 
     who were subsequently found to be authorized for employment 
     in the United States;
       (v) the total number of confirmations; and
       (vi) the estimated number of confirmations issued to 
     unauthorized workers.
       (d) Early Warning System.--Using the data collected by the 
     Office under this section, the Secretary shall establish an 
     early warning system to estimate future illegal immigration, 
     which shall monitor the outcome performance measures 
     described in subsection (c)(2), along with political, 
     economic, demographic, law enforcement, and other trends that 
     may affect such outcomes.
       (e) Systematic Modeling of Illegal Immigration Trends.--The 
     Secretary shall provide for the systematic modeling of 
     illegal immigration trends to develop forecast models of 
     illegal immigration flows and estimates for the undocumented 
     population residing within the United States.
       (f) External Review of Homeland Security Data.--
       (1) In general.--The Secretary, in consultation with the 
     National Academy of Sciences, shall make raw data collected 
     by the Department, including individual-level data subject to 
     the requirements in paragraph (3), on border security, 
     immigration

[[Page S5052]]

     enforcement, and immigration benefits available for research 
     on immigration trends, to--
       (A) appropriate academic institutions and centers of 
     excellence;
       (B) the Congressional Research Service; and
       (C) the Government Accountability Office.
       (2) Public release of data.--The Secretary shall ensure 
     that data of the Department on border security, immigration 
     enforcement, and immigration benefits is released to the 
     public to the maximum degree permissible under Federal law to 
     increase the confidence of the public in the credibility and 
     objectivity of measurements related to the management and 
     outcomes of immigration and border control processes.
       (3) Requirements.--In carrying out this subsection, the 
     Secretary, in consultation with the National Academy of 
     Sciences--
       (A) shall ensure that the data described in paragraphs (1) 
     and (2) is anonymized to safeguard individual privacy;
       (B) may mask location data below the sector, district field 
     office, or special agent in charge office level to protect 
     national security; and
       (C) shall not be required to provided classified 
     information to individuals other than to those individuals 
     who have appropriate security clearances.
       (g) Availability of Funds.--The Secretary may use such sums 
     as may be necessary from the Comprehensive Immigration Reform 
     Trust Fund established under section 6(a)(1)--
       (1) to establish the Office; and
       (2) to produce reports related to securing the border and 
     enforcing the immigration laws of the United States.
                                 ______
                                 
  SA 1592. Mrs. BOXER (for herself, Ms. Landrieu, and Mrs. Murray) 
submitted an amendment intended to be proposed to amendment SA 1183 
submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S. 744, 
to provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 91, line 21, insert after ``agents,'' the 
     following: ``in consultation with the Secretary of Defense, 
     National Guard personnel performing duty to assist U.S. 
     Customs and Border Protection under section 1103(c)(6) of 
     this Act, Coast Guard officers and agents assisting in 
     maritime border enforcement efforts,''

                                 ______
                                 
  SA 1593. Ms. HEITKAMP (for herself, Mr. Levin, Mr. Tester, and Mr. 
Baucus) submitted an amendment intended to be proposed to amendment SA 
1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 1124. LIMITATION ON RESOURCE SHIFTING FROM NORTHERN 
                   BORDER TO SOUTHERN BORDER.

       (a) Study and Report on Northern Border.--
       (1) Limitation on resource shifting.--
       (A) In general.--Except as provided in subparagraphs (B) 
     and (C), and notwithstanding section 1102(d)or any other 
     provision of this Act, the Secretary may not reduce the 
     levels of Department personnel, resources, technological 
     assets or funding for operations on the Northern border below 
     such levels as of the date of the enactment of this Act, 
     including by reassigning or stationing U.S. Customs and 
     Border Protection Officers and U.S. Border Patrol Agents from 
     the Northern border to the Southern border.
       (B) Limited personnel transfer authority.--Notwithstanding 
     subparagraph (A), the Secretary may reassign or station 
     personnel from a location along the Northern border to the 
     Southern border if--
       (i) the most recent report submitted under paragraph (3) 
     indicates excess personnel exist at such Northern border 
     location beyond what is needed to meet and maintain 
     appropriate staffing levels; and
       (ii) the Secretary notifies the appropriate congressional 
     committees and the Governor of each State from which such 
     personnel will be transferred.
       (C) Temporary emergency authority.--
       (i) In general.--The Secretary may transfer personnel from 
     along the Northern border if the Secretary notifies and 
     provides justification to the appropriate congressional 
     committees that an emergency need due to a critical personnel 
     shortage exists in the location or locations where the 
     Secretary proposes to transfer the personnel to, and that the 
     location or locations from which the personnel are to be 
     transferred, has at the time of the proposed transfer a level 
     of personnel that is greater than the level needed to meet 
     and maintain the mission of Department along the Northern 
     Border.
       (ii) Duration of authority.--Any authority exercised under 
     clause (i) shall extend until the next report required under 
     paragraph (3) is submitted, but may be extended for the 
     duration of one or more reporting periods provided that the 
     most recent report so submitted states that the transfer was 
     appropriate and that the border region from which the 
     personnel were transferred currently has a sufficient level 
     of personnel.
       (2) Study required.--
       (A) In general.--The Secretary shall conduct a study on the 
     Northern border focusing on the following priorities:
       (i) Ensuring the efficient flow of cross-border economic 
     and personal traffic between States along the Northern border 
     and Canada.
       (ii) Preventing individuals from illegally crossing over 
     the Northern border.
       (iii) Preventing the flow of illegal goods and illicit 
     drugs across the Northern Border.
       (iv) Ensuring an appropriate level of national security 
     measures is in place to thwart acts of terrorism.
       (B) Scope.--The study required under this paragraph shall 
     include the following:
       (i) An examination of the strategies that the Department is 
     using to secure the border, including an assessment of their 
     current effectiveness and recommendations on how their 
     effectiveness could be enhanced.
       (ii) A determination of the appropriate personnel, 
     resource, technological asset, and funding requirements for 
     all Department elements deployed on the Northern border, 
     including interior enforcement. This should include a 
     description of measures the Department needs to take to 
     either meet those needs or shift excess personnel, resources, 
     technological assets, or funding to a different region as 
     well as a description of the challenges the Department faces 
     in meeting the identified needs or shifting excess personnel, 
     resources, technological assets, or funding.
       (iii) A State-by-State assessment of the Northern border 
     States and a description of the personnel, resource, 
     technological asset, and funding needs for each location as 
     determined by the Department.
       (iv) With respect to the four priorities described in 
     subparagraph (A), a description of the following issues:

       (I) The use of technology, including low-altitude radar, 
     ground-based fiber optic sensors, and unmanned aircraft, for 
     each of the Department elements involved in Northern border 
     operations, including whether the elements need additional 
     technological assets.
       (II) The impact of operation and maintenance funds on 
     Northern border protection, including whether elements have 
     sufficient operation and maintenance funds to accomplish 
     their missions, and if additional local flexibility regarding 
     funds is needed to accomplish core Department missions.
       (III) Strategies for dealing with smuggling operations of 
     illegal goods and illicit drugs, both at ports and in non-
     port areas.
       (IV) Options for the Department to develop and enhance 
     local, State, and tribal partnerships along the Northern 
     border.
       (V) The geographic challenges of the Northern border.

       (3) Report.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary shall submit to the appropriate congressional 
     committees a report on the study conducted under paragraph 
     (2).
       (B) Content.--The report required under subparagraph (A) 
     shall include the following elements:
       (i) The findings of the study conducted under paragraph 
     (2).
       (ii) Input from other Federal agencies operating in the 
     Northern border States, such as the Bureau of Indian Affairs, 
     the Federal Bureau of Investigations, the Drug Enforcement 
     Agency, the Food and Drug Administration, and the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives, that could be 
     impacted by any reallocation, increase, or decrease of 
     Department personnel, resources, technological assets, or 
     funding along the Northern border.
       (iii) A description of any changes along the Southern 
     border that are impacting the Northern border.
       (iv) Recommendations for enhancing security along the 
     Northern border.
       (v) An explanation of why the Department is not 
     implementing any recommendations contained in the study.
       (vi) Recommendations for additional legislation necessary 
     to implement recommendations contained in the study.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on the Judiciary, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Appropriations, and the Committee on Finance of the Senate; 
     and
       (2) the Committee on the Judiciary, the Committee on 
     Homeland Security, the Committee on Appropriations, and the 
     Committee on Ways and Means of the House of Representatives.
                                 ______
                                 
  SA 1594. Mrs. FISCHER submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 245B(b) of the Immigration and Nationality Act, 
     as added by section 2101(a) of the amendment, insert after 
     paragraph (3) the following:
       ``(4) English skills.--An alien is not eligible for 
     registered provisional immigrant status unless the alien 
     establishes that the alien meets the requirements of section 
     245C(b)(4).

[[Page S5053]]

                                 ______
                                 
  SA 1595. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) 
submitted an amendment intended to be proposed to amendment SA 1183 
submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S. 744, 
to provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of section 1104, add the following:
       (e) Border Enforcement Security Task Force.--
       (1) In general.--The Secretary shall enhance law 
     enforcement preparedness and operational readiness in the 
     Southwest border region by expanding the Border Enforcement 
     Security Task Force (referred to in this section as 
     ``BEST''), established under section 432 of the Homeland 
     Security Act of 2002 (6 U.S.C. 240).
       (2) Units to be expanded.--The Secretary shall expand the 
     BEST units operating on the date of the enactment of this Act 
     in New Mexico, Texas, Arizona, and California by increasing 
     the funding available for operational, administrative, and 
     technological costs associated with the participation of 
     Federal, State, local, and tribal law enforcement agencies in 
     BEST.
       (3) Funding.--There are authorized to be appropriated, from 
     the Comprehensive Immigration Reform Trust Fund established 
     under section 6(a)(1), such sums as may be necessary to carry 
     out this subsection.
                                 ______
                                 
  SA 1596. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) 
submitted an amendment intended to be proposed to amendment SA 1183 
submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S. 744, 
to provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 79, between lines 3 and 4, insert the following:
       (e) Additional Permanent District Court Judgeships in New 
     Mexico.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate, 1 additional district 
     judge for the district of New Mexico.
       (2) Conversion of temporary judgeship to permanent 
     judgeship.--The existing judgeship for the district of New 
     Mexico authorized by section 312(c) of the 21st Century 
     Department of Justice Appropriations Authorization Act (28 
     U.S.C. 133 note; Public Law 107-273; 116 Stat. 1788), as of 
     the effective date of this Act, shall be authorized under 
     section 133 of title 28, United States Code, and the 
     incumbent in that office shall hold the office under section 
     133 of title 28, United States Code, as amended by this Act.
       (3) Technical and conforming amendment.--The table 
     contained in section 133(a) of title 28, United States Code, 
     is amended by striking the item relating to the district of 
     New Mexico and inserting the following:


``New Mexico...............................................         8''.
 

                                 ______
                                 
  SA 1597. Mr. REID (for Mr. Brown) submitted an amendment intended to 
be proposed to amendment SA 1183 submitted by Mr. Leahy (for himself 
and Mr. Hatch) to the bill S. 744, to provide for comprehensive 
immigration reform and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 1124. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED 
                   GOODS.

       (a) In General.--None of the amounts appropriated or 
     otherwise made available under this Act may be used for a 
     project for the construction, alteration, maintenance, or 
     repair of a fence along the Southern border unless all of the 
     iron, steel, and manufactured goods used in the fence are 
     produced in the United States.
       (b) Waiver.--Subsection (a) shall not apply in any case or 
     category of cases in which the head of the Federal department 
     or agency involved finds that--
       (1) applying subsection (a) would be inconsistent with the 
     public interest;
       (2) iron, steel, and the relevant manufactured goods are 
     not produced in the United States in sufficient and 
     reasonably available quantities and of a satisfactory 
     quality; or
       (3) inclusion of iron, steel, and manufactured goods 
     produced in the United States will increase the cost of the 
     overall project by more than 25 percent.
       (c) Publication of Waiver Justification.--If the head of a 
     Federal department or agency determines that it is necessary 
     to waive the application of subsection (a) based on a finding 
     under subsection (b), the head of the department or agency 
     shall publish in the Federal Register a detailed written 
     justification as to why the provision is being waived.
       (d) Savings Provision.--This section shall be applied in a 
     manner consistent with United States obligations under 
     international agreements.
                                 ______
                                 
  SA 1598. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 3, line 11, strike ``Act,'' and insert ``Act and 
     carried out all the actions required by clauses (ii), (v), 
     (i), (iii), (iv) of paragraph (2)(A),''.
                                 ______
                                 
  SA 1599. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 220(g) of the Immigration and Nationality Act, 
     as added by section 4703 of this amendment, strike paragraphs 
     (1) and (2) and insert the following:
       ``(1) Registered positions.--
       ``(A) In general.--Subject to paragraphs (3) and (4), the 
     maximum number of registered positions that may be approved 
     by the Secretary for a year is as follows:
       ``(i) For the first year aliens are admitted as W 
     nonimmigrants, 200,000.
       ``(ii) For the second such year, 250,000.
       ``(iii) For the third such year, 300,000.
       ``(iv) For the fourth such year, 350,000.
       ``(v) For each year after the fourth such year, the level 
     calculated for that year under paragraph (2).
       ``(B) Dates.--The first year referred to in subparagraph 
     (A)(i) shall begin on April 1, 2015, and end on March 31, 
     2016, unless the Secretary determines that such first year 
     shall begin on October 1, 2015, and end on September 30, 
     2016.
       ``(2) Years after year 4.--
       ``(A) Current year and preceding year.--In this paragraph--
       ``(i) the term current year shall refer to the 12-month 
     period for which the calculation of the numerical limits 
     under this paragraph is being performed; and
       ``(ii) the term preceding year shall refer to the 12-month 
     period immediately preceding the current year.
       ``(B) Numerical limitation.--Subject to subparagraph (D), 
     the number of registered positions that may be approved by 
     the Secretary for a year after the fourth year referred to in 
     paragraph (1)(A)(iv) shall be equal to the sum of--
       ``(i) the number of such registered positions available 
     under this paragraph for the preceding year; and
       ``(ii) the product of--

       ``(I) the number of such registered positions available 
     under this paragraph for the preceding year; multiplied by
       ``(II) the index for the current year calculated under 
     subparagraph (C).

       ``(C) Index.--The index calculated under this subparagraph 
     for a current year equals the sum of--
       ``(i) one-fifth of a fraction--

       ``(I) the numerator of which is the number of registered 
     positions that registered employers applied to have approved 
     under subsection (e)(1) for the preceding year minus the 
     number of registered positions approved under subsection (e) 
     for the preceding year; and
       ``(II) the denominator of which is the number of registered 
     positions approved under subsection (e) for the preceding 
     year;

       ``(ii) one-fifth of a fraction--

       ``(I) the numerator of which is the number of registered 
     positions the Commissioner recommends be available under this 
     subparagraph for the current year minus the number of 
     registered positions available under this subsection for the 
     preceding year; and
       ``(II) the denominator of which is the number of registered 
     positions available under this subsection for the preceding 
     year;

       ``(iii) three-tenths of a fraction--

       ``(I) the numerator of which is the number of unemployed 
     United States workers for the preceding year minus the number 
     of unemployed United States workers for the current year; and
       ``(II) the denominator of which is the number of unemployed 
     United States workers for the preceding year; and

       ``(iv) three-tenths of a fraction--

       ``(I) the numerator of which is the number of job openings 
     as set out in the Job Openings and Labor Turnover Survey of 
     the Bureau of Labor Statistics for the current year minus 
     such number of job openings for the preceding year; and
       ``(II) the denominator of which is the number of such job 
     openings for the preceding year;

       ``(D) Minimum and maximum levels.--The number of registered 
     positions calculated under subparagraph (B) for a 12-month 
     period may not be less than 200,000 nor more than 400,000.''.
                                 ______
                                 
  SA 1600. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1369, strike lines 1 through 16, and insert the 
     following:

       ``(III) System participation exemption for small employers 
     following persistent system inaccuracies.--Notwithstanding 
     paragraph (2)(G), in any calendar year following a report by 
     the Inspector General under subclause (I) that the System had 
     an error rate higher than 0.3 percent for the previous fiscal 
     year, employers with 50 or fewer employees shall not be 
     required to participate in the System.

[[Page S5054]]

                                 ______
                                 
  SA 1601. Mr. RISCH (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the bill S. 744, to provide 
for comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SMALL BUSINESS FAIRNESS AND REGULATORY 
                   TRANSPARENCY.

       Section 609(d) of title 5, United States Code, is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) the Department of Homeland Security.''.
                                 ______
                                 
  SA 1602. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

       Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 
     345) is amended--
       (1) in subsection (a), by striking paragraph (6) and 
     inserting the following:
       ``(6) investigate complaints and information indicating 
     possible abuses of civil rights or civil liberties by 
     employees and officials of the Department or that are related 
     to Departmental activities (unless the Inspector General of 
     the Department determines that such a complaint or such 
     information should be investigated by the Inspector General) 
     and, using the information gained by such investigations, 
     make recommendations to the Secretary and directorates, 
     offices, and other components of the Department for 
     improvements in policy, supervision, training, and practice 
     related to civil rights or civil liberties, or for the 
     relevant office to review the matter and take appropriate 
     disciplinary or other action.'';
       (2) by redesignating subsection (b) as subsection (e);
       (3) by inserting after subsection (a) the following:
       ``(b) Investigation of Complaints.--The head of each 
     directorate, office, or component of the Department and the 
     head of any other executive agency shall ensure that the 
     directorate, office, or component provides the Officer for 
     Civil Rights and Civil Liberties with speedy access, and in 
     no event later than 30 days after the date on which the 
     directorate, office, or component receives a request from the 
     Officer, to any information determined by the Officer to be 
     relevant to the exercise of the duties and responsibilities 
     under subsection (a) or to any investigation carried out 
     under this section, whether by providing relevant documents 
     or access to facilities or personnel.
       ``(c) Subpoenas.--
       ``(1) In general.--In carrying out the duties and 
     responsibilities under subsection (a) or as part of an 
     investigation carried out under this section, the Officer for 
     Civil Rights and Civil Liberties may require by subpoena 
     access to--
       ``(A) any institution or entity outside of the Federal 
     Government that is the subject of or related to an 
     investigation under this section; and
       ``(B) any individual, document, record, material, file, 
     report, memorandum, policy, procedure, investigation, video 
     or audio recording or other media, or quality assurance 
     report relating to any institution or entity outside of the 
     Federal Government that is the subject of or related to an 
     investigation under this section.
       ``(2) Issuance and service.--A subpoena issued under this 
     subsection shall--
       ``(A) bear the signature of the Officer for Civil Rights 
     and Civil Liberties; and
       ``(B) be served by any person or class of persons 
     designated by the Officer or an officer or employee 
     designated for that purpose.
       ``(3) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under this subsection, the United 
     States district court for the judicial district in which the 
     institution, entity, or individual is located may issue an 
     order requiring compliance. Any failure to obey the order of 
     the court may be punished by the court as contempt of that 
     court.
       ``(4) Use of information.--Any material obtained under a 
     subpoena issued under this subsection--
       ``(A) may not be used for any purpose other than a purpose 
     set forth in subsection (a);
       ``(B) may not be transmitted by or within the Department 
     for any purpose other than a purpose set forth in subsection 
     (a); and
       ``(C) shall be redacted, obscured, or otherwise altered if 
     used in any publicly available manner to the extent necessary 
     to prevent the disclosure of any personally identifiable 
     information.
       ``(d) Recommendations.--For any final recommendation or 
     finding made under this section by the Officer for Civil 
     Rights and Civil Liberties to the Secretary or a directorate, 
     office, or other component of the Department--
       ``(1) the Secretary shall ensure that the Department--
       ``(A) responds to the recommendation or finding within 30 
     days after the date on which the Officer communicates the 
     recommendation or finding; and
       ``(B) within 60 days after the date on which the Officer 
     communicates the recommendation or finding, provides the 
     Officer with a plan for implementation of the recommendation 
     or finding;
       ``(2) within 30 days after the date on which the Officer 
     receives an implementation plan under paragraph (1), the 
     Officer shall assess the plan and determine whether the plan 
     sufficiently addresses the underlying recommendation;
       ``(3) if the Officer determines under paragraph (2) that an 
     implementation plan is insufficient, the Secretary shall 
     ensure that the Department submits a revised implementation 
     plan that complies with the underlying recommendation within 
     30 days after the date on which the Officer communicates the 
     determination; and
       ``(4) absent any provision of law to the contrary, the 
     Officer shall provide the complainant with a summary of any 
     findings or recommendations made under this section by the 
     Officer, which shall be redacted, obscured, or otherwise 
     altered to protect the disclosure of any personally 
     identifiable information, other than the complainant's.''; 
     and
       (4) in subsection (e), as so redesignated--
       (A) by striking ``The Secretary shall'' and inserting the 
     following:
       ``(1) In general.--The Secretary shall'';
       (B) by striking ``and the appropriate committees and 
     subcommittees of Congress'' and inserting ``the appropriate 
     committees and subcommittees of Congress, and the Privacy and 
     Civil Liberties Oversight Board established under section 
     1061 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (42 U.S.C. 2000ee)'';
       (C) by striking ``, and detailing any allegations'' and all 
     that follows through ``such allegations.'' and inserting 
     ``and a compilation of the information provided in the 
     quarterly reports under paragraph (2).''; and
       (D) by adding at the end the following:
       ``(2) Quarterly reports.--
       ``(A) In general.--The Officer for Civil Rights and Civil 
     Liberties shall submit to the President of the Senate, the 
     Speaker of the House of Representatives, the appropriate 
     committees and subcommittees of Congress, and the Privacy and 
     Civil Liberties Oversight Board established under section 
     1061 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (42 U.S.C. 2000ee), on a quarterly basis, a report 
     detailing--
       ``(i) each nonfrivolous allegation of abuse received by the 
     Officer during the quarter covered by the report; and
       ``(ii) each final recommendation made or carried out under 
     subsection (a) that was completed during the quarter covered 
     by the report.
       ``(B) Contents.--Each report under this paragraph shall 
     detail--
       ``(i) for each allegation described in subparagraph (A)(i) 
     subject to a completed investigation, any final 
     recommendation made by the Officer for Civil Rights and Civil 
     Liberties and any action or response taken by the Department 
     in response; and
       ``(ii) any matter or investigation carried out under this 
     section that has been open or pending for more than 2 years.
       ``(3) Informing the public.--The Officer for Civil Rights 
     and Civil Liberties shall--
       ``(A) make each report submitted under this subsection 
     available to the public to the greatest extent that is 
     consistent with the protection of classified information and 
     applicable law; and
       ``(B) otherwise inform the public of the activities of the 
     Officer, as appropriate and in a manner consistent with the 
     protection of classified information and applicable law.''.
                                 ______
                                 
  SA 1603. Mrs. MURRAY (for herself and Mr. Crapo) submitted an 
amendment intended to be proposed to amendment SA 1183 submitted by Mr. 
Leahy (for himself and Mr. Hatch) to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON RESTRAINTS ON PREGNANT DETAINEES.

       (a) Prohibition on Restraint of Pregnant Detainees.--
       (1) Prohibition.--A detention facility shall not use 
     restraints on a detainee known to be pregnant, including 
     during labor, transport to a medical facility or birthing 
     center, delivery, and postpartum recovery, unless the 
     facility administrator makes an individualized determination 
     that the detainee presents an extraordinary circumstance as 
     described in paragraph (2).
       (2) Extraordinary circumstance.--Restraints for an 
     extraordinary circumstance are only permitted if a medical 
     officer has directed the use of restraints for medical 
     reasons or if the facility administrator makes an 
     individualized determination that--
       (A) credible, reasonable grounds exist to believe the 
     detainee presents an immediate and serious threat of hurting 
     herself, staff or others; or
       (B) reasonable grounds exist to believe the detainee 
     presents an immediate and credible

[[Page S5055]]

     risk of escape that cannot be reasonably minimized through 
     any other method.
       (3) Requirement for least restrictive restraints.--In the 
     rare event that one of the extraordinary circumstances in 
     paragraph (2) applies, medical staff shall determine the 
     safest method and duration for the use of restraints and the 
     least restrictive restraints necessary shall be used for a 
     pregnant detainee, except that--
       (A) if a doctor, nurse, or other health professional 
     treating the detainee requests that restraints not be used, 
     the detention officer accompanying the detainee shall 
     immediately remove all restraints;
       (B) under no circumstance shall leg or waist restraints be 
     used;
       (C) under no circumstance shall wrist restraints be used to 
     bind the detainee's hands behind her back; and
       (D) under no circumstances shall any restraints be used on 
     any detainee in labor or childbirth.
       (4) Record of extraordinary circumstances.--
       (A) Requirement.--If restraints are used on a detainee 
     pursuant to paragraph (2), the facility administrator shall 
     make a written finding within 10 days as to the extraordinary 
     circumstance that dictated the use of the restraints.
       (B) Retention.--A written find made under subparagraph (A) 
     shall be kept on file by the detention facility for at least 
     5 years and be made available for public inspection, except 
     that no individually identifying information of any detainee 
     shall be made public without the detainee's prior written 
     consent.
       (b) Prohibition on Presence of Detention Officers During 
     Labor or Childbirth.--Upon a detainee's admission to a 
     medical facility or birthing center for labor or childbirth, 
     no detention officer shall be present in the room during 
     labor or childbirth, unless specifically requested by medical 
     personnel. If a detention officer's presence is requested by 
     medical personnel, the detention officer shall be female, if 
     practicable. If restraints are used on a detainee pursuant to 
     subsection (a)(2), a detention officer shall remain 
     immediately outside the room at all times so that the officer 
     may promptly remove the restraints if requested by medical 
     personnel, as required by subsection (a)(3)(A).
       (c) Definitions.--In this section:
       (1) Detainee.--The term ``detainee'' includes any adult or 
     juvenile person detained under the Immigration and 
     Nationality Act (8 U.S.C. 1101) or held by any Federal, 
     State, or local law enforcement agency under an immigration 
     detainer.
       (2) Detention facility.--The term ``detention facility'' 
     means a Federal, State, or local government facility, or a 
     privately owned and operated facility, that is used, in whole 
     or in part, to hold individuals under the authority of the 
     Director of U.S. Immigration and Customs Enforcement or the 
     Commissioner of U.S. Customs and Border Protection, including 
     facilities that hold such individuals under a contract or 
     agreement with the Director or Commissioner, or that is used, 
     in whole or in part, to hold individuals pursuant to an 
     immigration detainer.
       (3) Facility administrator.--The term ``facility 
     administrator'' means the official that is responsible for 
     oversight of a detention facility or the designee of such 
     official.
       (4) Labor.--The term ``labor'' means the period of time 
     before a birth during which contractions are of sufficient 
     frequency, intensity, and duration to bring about effacement 
     and progressive dilation of the cervix.
       (5) Postpartum recovery.--The term ``postpartum recovery'' 
     mean, as determined by her physician, the period immediately 
     following delivery, including the entire period a woman is in 
     the hospital or infirmary after birth.
       (6) Restraint.--The term ``restraint'' means any physical 
     restraint or mechanical device used to control the movement 
     of a detainee's body or limbs, including flex cuffs, soft 
     restraints, hard metal handcuffs, a black box, Chubb cuffs, 
     leg irons, belly chains, a security (tether) chain, or a 
     convex shield.
       (d) Annual Report.--
       (1) Requirement.--Not later than 30 days before the end of 
     each fiscal year, the facility administrator of each 
     detention facility in whose custody a pregnant detainee had 
     been subject to the use of restraints during the previous 
     fiscal year shall submit to the Secretary a written report 
     that includes an account of every instance of such a use of 
     restraints. No such report may contain any individually 
     identifying information of any detainee.
       (2) Public inspection.--Each report submitted under 
     paragraph (1) shall be made available for public inspection.
       (e) Rulemaking.--The Secretary shall adopt regulations or 
     policies to carry out this section at every detention 
     facility.
                                 ______
                                 
  SA 1604. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 245B(d)(2)(A) of the Immigration and Nationality 
     Act, as added by section 2101 of the bill, strike the matter 
     preceding clause (i) and insert the following:
       ``(A) In general.--The Secretary shall immediately revoke 
     the status of a registered provisional immigrant, after 
     providing appropriate notice to the alien, if the alien--
                                 ______
                                 
  SA 1605. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 3701(c), strike paragraph (2) and insert the 
     following:
       (d) Mandatory Detention and Expedited Removal of Certain 
     Criminal Aliens.--
       (1) Mandatory detention.--Section 236(c) (8 U.S.C. 1226(c)) 
     is amended--
       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (B) in paragraph (1)--
       (i) in subparagraph (B), by striking ``section 
     237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),'' and inserting 
     ``subparagraph (A)(ii), (A)(iii), (B), (C), (D), (E), or (G) 
     of section 237(a)(2);''; and
       (ii) in subparagraph (C), by striking ``sentence'' and 
     inserting ``sentenced''.
       (2) Expedited removal.--Section 238 (8 U.S.C. 1228) is 
     amended--
       (A) by striking the section heading and inserting the 
     following:

     ``SEC. 238. EXPEDITED REMOVAL PROCEEDINGS FOR ALIENS 
                   CONVICTED OF SERIOUS CRIMINAL OFFENSES.'';

       (B) by striking ``Attorney General'' each place such term 
     appears and insert ``Secretary of Homeland Security'';
       (C) in subsection (a)--
       (i) by striking paragraph (3);
       (ii) by redesignating paragraph (2) as paragraph (3); and
       (iii) by striking paragraph (1) and inserting the 
     following:
       ``(1) In general.--The Secretary of Homeland Security shall 
     provide for special removal proceedings at certain Federal, 
     State, and local correctional facilities for any alien 
     convicted of--
       ``(A) any criminal offense set forth in subparagraph 
     (A)(iii), (B), (C), (D), (E), or (G) of section 237(a)(2); or
       ``(B) 2 or more crimes involving moral turpitude, as 
     described in clause (ii) of section 237(a)(2)(A), for which 
     both predicate offenses are, without regard to the date of 
     their commission, otherwise described in clause (i) of such 
     section.
       ``(2) Conduct of proceedings.--
       ``(A) In general.--Except as otherwise provided in this 
     section, removal proceedings authorized under this section--
       ``(i) shall be conducted in accordance with section 240;
       ``(ii) shall eliminate the need for additional detention at 
     any U.S. Immigration and Customs Enforcement processing 
     center; and
       ``(iii) shall ensure the expeditious removal of the alien 
     following the alien's incarceration for the underlying crime.
       ``(B) Savings provisions.--Nothing in this paragraph may be 
     construed--
       ``(i) to create any substantive or procedural right or 
     benefit that is legally enforceable by any party against the 
     United States, its agencies or officers, or any other person; 
     or
       ``(ii) to require the Secretary of Homeland Security to 
     effect the removal of any alien sentenced to actual 
     incarceration before the alien is scheduled to be released 
     from incarceration for the underlying crime.''; and
       (D) by striking subsection (c), as redesignated by section 
     671(b)(13) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-
     208), and inserting the following:
       ``(6) An alien convicted of an offense for which an element 
     was active participation in a criminal street gang, an 
     aggravated felony, or a crime of domestic violence or child 
     abuse shall be conclusively presumed to be deportable from 
     the United States.''.
       (3) Clerical amendment.--The table of contents is amended 
     by striking the item relating to section 238 and inserting 
     the following:

``Sec. 238. Expedited removal proceedings for aliens convicted of 
              serious criminal offenses.''.
                                 ______
                                 
  SA 1606. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title III, add the following:

     SEC. 3722. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

       (a) Provision of Information to the NCIC.--Not later than 
     180 days after the last day of the application period for 
     registered provisional immigrant status, as specified in 
     section 245B(c)(3) of the Immigration and Nationality Act, as 
     added by section 2101 of this Act, and periodically 
     thereafter as updates may require, the Secretary shall 
     provide the National Crime Information Center of the 
     Department of Justice with all the information in the 
     possession of the Secretary regarding--
       (1) any alien against whom a final order of removal has 
     been issued;

[[Page S5056]]

       (2) any alien who has entered into a voluntary departure 
     agreement;
       (3) any alien who has overstayed his or her authorized 
     period of stay; and
       (4) any alien whose visa has been revoked.
       (b) Inclusion of Information in Immigration Violators 
     File.--The Secretary and the Attorney General shall establish 
     a system for ensuring that the information provided pursuant 
     to subsection (a) for entry into the Immigration Violators 
     File of the National Crime Information Center database is 
     updated regularly to reflect whether--
       (1) the alien received notice of a final order of removal;
       (2) the alien has already been removed; or
       (3) the legal status of the alien has otherwise changed.
       (c) Conforming Amendment.--
       (1) In general.--Section 534(a) of title 28, United States 
     Code, is amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations by aliens of the immigration laws of the United 
     States, regardless of whether any such alien has received 
     notice of the violation or whether sufficient identifying 
     information is available with respect to any such alien or 
     whether any such alien has already been removed from the 
     United States; and''.
       (2) Effective date.--The Attorney General and the Secretary 
     shall ensure that the amendment made by paragraph (1) is 
     implemented not later than 6 months after the last day of the 
     application period for registered provisional immigrant 
     status.
       (d) Technology Access.--States shall have access to Federal 
     programs or technology directed broadly at identifying 
     inadmissible or deportable aliens.

     SEC. 3723. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF 
                   INFORMATION ABOUT APPREHENDED ALIENS.

       (a) Provision of Information.--As a condition of receiving 
     compensation for the incarceration of undocumented criminal 
     aliens pursuant to section 241(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(i)), grants under the ``Cops 
     on the Beat'' program authorized under part Q of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd et seq.), or other law enforcement grants from 
     the Department or the Department of Justice, each State, and 
     each political subdivision of a State, shall, in a timely 
     manner, provide the Secretary with the information specified 
     in subsection (b) with respect to each alien who is arrested 
     by law enforcement officers in the course of carrying out the 
     officers' routine law enforcement duties in the jurisdiction 
     of the State, or in the political subdivision of the State, 
     who is believed to be inadmissible or deportable.
       (b) Information Required.--The information required under 
     this subsection is--
       (1) the alien's name;
       (2) the alien's address or place of residence;
       (3) a physical description of the alien;
       (4) the date, time, and location of the encounter with the 
     alien and the reason for arresting the alien;
       (5) the alien's driver's license number, if applicable, and 
     the State of issuance of such license;
       (6) the type of any other identification document issued to 
     the alien, if applicable, any designation number contained on 
     the identification document, and the issuing entity for the 
     identification document;
       (7) the license plate number, make, and model of any 
     automobile registered to, or driven by, the alien, if 
     applicable;
       (8) a photo of the alien, if available or readily 
     obtainable; and
       (9) the alien's fingerprints, if available or readily 
     obtainable.
       (c) Annual Report on Reporting.--The Secretary shall 
     maintain, and annually submit to the Congress, a detailed 
     report listing the States, or the political subdivisions of 
     States, that have provided information under subsection (a) 
     in the preceding year.
       (d) Reimbursement.--The Secretary shall reimburse States, 
     and political subdivisions of a State, for all reasonable 
     costs, as determined by the Secretary, incurred by the State, 
     or the political subdivision of a State, as a result of 
     providing information under subsection (a).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (f) Rule of Construction.--Nothing in this section may be 
     construed to require law enforcement officials of a State, or 
     of a political subdivision of a State, to provide the 
     Secretary with information related to a victim of a crime or 
     witness to a criminal offense.
       (g) Effective Date.--This section shall--
       (1) take effect on the date that is 120 days after the last 
     day of the application period for registered provisional 
     immigrant status; and
       (2) apply with respect to aliens apprehended on or after 
     such date.

     SEC. 3724. STATE VIOLATIONS OF ENFORCEMENT OF IMMIGRATION 
                   LAWS.

       (a) In General.--Section 642 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1373) is amended--
       (1) by striking ``Immigration and Naturalization Service'' 
     each place it appears and inserting ``Department of Homeland 
     Security'';
       (2) in subsection (a), by striking ``may'' and inserting 
     ``shall'';
       (3) in subsection (b)--
       (A) by striking ``no person or agency may'' and inserting 
     ``a person or agency shall not'';
       (B) by striking ``doing any of the following with respect 
     to information'' and inserting ``undertaking any of the 
     following law enforcement activities''; and
       (C) by striking paragraphs (1) through (3) and inserting 
     the following:
       ``(1) Notifying the Federal Government regarding the 
     presence of inadmissible and deportable aliens who are 
     encountered by law enforcement personnel of a State or 
     political subdivision of a State.
       ``(2) Complying with requests for immigration-related 
     information from Federal law enforcement.
       ``(3) Complying with detainers issued by the Department of 
     Homeland Security.
       ``(4) Issuing policies in the form of a resolutions, 
     ordinances, administrative actions, general or special 
     orders, or departmental policies that violate Federal 
     immigration law or restrict a State or political subdivision 
     of a State from complying with Federal immigration law or 
     coordinating with Federal immigration law enforcement.''; and
       (4) by adding at the end the following:
       ``(d) Compliance.--
       ``(1) In general.--A State, or a political subdivision of a 
     State, that has in effect a statute, policy, or practice that 
     prohibits law enforcement officers of the State, or of a 
     political subdivision of the State, from assisting or 
     cooperating with Federal immigration law enforcement in the 
     course of carrying out the officers' routine law enforcement 
     duties shall not be eligible to receive, for a minimum period 
     of 1 year--
       ``(A) any of the funds that would otherwise be allocated to 
     the State or political subdivision under section 241(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the 
     `Cops on the Beat' program under part Q of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd et seq.); or
       ``(B) any other law enforcement or Department of Homeland 
     Security grant.
       ``(2) Annual determination and report.--The Secretary 
     shall--
       ``(A) annually determine which States or political 
     subdivisions of a State are ineligible for certain Federal 
     funding pursuant to paragraph (1); and
       ``(B) submit a report to Congress by March 1st of each year 
     that lists such States and political subdivisions.
       ``(3) Other reports.--The Attorney General shall issue a 
     report concerning the compliance of any particular State or 
     political subdivision at the request of the Committee on the 
     Judiciary of the Senate or the Committee on the Judiciary of 
     the House of Representatives.
       ``(4) Certification.--Any jurisdiction that is described in 
     paragraph (1) shall be ineligible to receive Federal 
     financial assistance described in paragraph (1) until after 
     the Attorney General certifies that the jurisdiction no 
     longer prohibits its law enforcement officers from assisting 
     or cooperating with Federal immigration law enforcement.
       ``(5) Reallocation.--Any funds that are not allocated to a 
     State or to a political subdivision of a State pursuant to 
     paragraph (1) shall be reallocated to States, or to political 
     subdivisions of States, that comply with such subsection.
       ``(e) Construction.--Nothing in this section shall require 
     law enforcement officials from States, or from political 
     subdivisions of States, to report or arrest victims or 
     witnesses of a criminal offense.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     except that subsection (d) of section 642 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373), as added by this section, shall take effect 
     beginning on the date that is 1 year after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1607. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:
       Strike section 3103 and inserting the following:

     SEC. 3103. EXTENSION OF IDENTITY THEFT OFFENSES.

       (a) Fraud and Related Activities Relating to Identification 
     Documents.--Section 1028 of title 18, United States Code, is 
     amended in subsection (a)(7), by striking ``of another 
     person'' and inserting ``that is not his or her own''.
       (b) Aggravated Identity Theft.--Section 1028A(a) of title 
     18, United States Code, is amended by striking ``of another 
     person'' both places it appears and inserting ``that is not 
     his or her own''.

       At the end of section 3301(b), add the following:
       (8) $300,000,000 to carry out title III and subtitles D and 
     G of title IV and the amendments made by title III and such 
     subtitles.

       At the end of subtitle C of title III, add the following:

[[Page S5057]]

     SEC. 3307. WAIVER OF FEDERAL LAWS WITH RESPECT TO BORDER 
                   SECURITY ACTIONS ON DEPARTMENT OF THE INTERIOR 
                   AND DEPARTMENT OF AGRICULTURE LANDS.

       (a) Prohibition on Secretaries of the Interior and 
     Agriculture.--The Secretary of the Interior or the Secretary 
     of Agriculture shall not impede, prohibit, or restrict 
     activities of U.S. Customs and Border Protection on Federal 
     land located within 100 miles of an international land border 
     that is under the jurisdiction of the Secretary of the 
     Interior or the Secretary of Agriculture, to execute search 
     and rescue operations and to prevent all unlawful entries 
     into the United States, including entries by terrorists, 
     other unlawful aliens, instruments of terrorism, narcotics, 
     and other contraband through the international land borders 
     of the United States.
       (b) Authorized Activities of U.S. Customs and Border 
     Protection.--U.S. Customs and Border Protection shall have 
     immediate access to Federal land within 100 miles of the 
     international land border under the jurisdiction of the 
     Secretary of the Interior or the Secretary of Agriculture for 
     purposes of conducting the following activities on such land 
     that prevent all unlawful entries into the United States, 
     including entries by terrorists, other unlawful aliens, 
     instruments of terrorism, narcotics, and other contraband 
     through the international land borders of the United States:
       (1) Construction and maintenance of roads.
       (2) Construction and maintenance of barriers.
       (3) Use of vehicles to patrol, apprehend, or rescue.
       (4) Installation, maintenance, and operation of 
     communications and surveillance equipment and sensors.
       (5) Deployment of temporary tactical infrastructure.
       (c) Clarification Relating to Waiver Authority.--
       (1) In general.--Notwithstanding any other provision of law 
     (including any termination date relating to the waiver 
     referred to in this subsection), the waiver by the Secretary 
     of Homeland Security on April 1, 2008, under section 
     102(c)(1) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 
     104-208) of the laws described in paragraph (2) with respect 
     to certain sections of the international border between the 
     United States and Mexico and between the United States and 
     Canada shall be considered to apply to all Federal land under 
     the jurisdiction of the Secretary of the Interior or the 
     Secretary of Agriculture within 100 miles of the 
     international land borders of the United States for the 
     activities of U.S. Customs and Border Protection described in 
     subsection (c).
       (2) Description of laws waived.--The laws referred to in 
     paragraph (1) are limited to the Wilderness Act (16 U.S.C. 
     1131 et seq.), the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.), the National Historic Preservation 
     Act (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 
     et seq.), the Act of June 8, 1906 (commonly known as the 
     ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild 
     and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), the National Wildlife Refuge System Administration Act 
     of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act 
     of 1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife 
     Coordination Act (16 U.S.C. 661 et seq.), subchapter II of 
     chapter 5, and chapter 7, of title 5, United States Code 
     (commonly known as the ``Administrative Procedure Act''), the 
     National Park Service Organic Act (16 U.S.C. 1 et seq.), the 
     General Authorities Act of 1970 (Public Law 91-383) (16 
     U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of the 
     National Parks and Recreation Act of 1978 (Public Law 95-625, 
     92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990 
     (16 U.S.C. 1132 note; Public Law 101-628).
       (d) Protection of Legal Uses.--This section shall not be 
     construed to provide--
       (1) authority to restrict legal uses, such as grazing, 
     hunting, mining, or public-use recreational and backcountry 
     airstrips on land under the jurisdiction of the Secretary of 
     the Interior or the Secretary of Agriculture; or
       (2) any additional authority to restrict legal access to 
     such land.
       (e) Effect on State and Private Land.--This Act shall--
       (1) have no force or effect on State or private lands; and
       (2) not provide authority on or access to State or private 
     lands.
       (f) Tribal Sovereignty.--Nothing in this section 
     supersedes, replaces, negates, or diminishes treaties or 
     other agreements between the United States and Indian tribes.
       (g) Report.--Not later than 1 year after the date of the 
     enactment of this Act, and annually thereafter, the Secretary 
     of Homeland Security shall submit to the appropriate 
     committees of Congress a report describing the extent to 
     which implementation of this section has affected the 
     operations of U.S. Customs and Border Protection in the year 
     preceding the report.

       Strike subtitle G of title III and insert the following:

                    Subtitle G--Interior Enforcement

     SEC. 3700. SHORT TITLE.

       This subtitle may be cited as the ``Strengthen and Fortify 
     Enforcement Act'' or the ``SAFE Act''.

    CHAPTER 1--IMMIGRATION LAW ENFORCEMENT BY STATES AND LOCALITIES

     SEC. 3701. DEFINITION AND SEVERABILITY.

       (a) State Defined.--For the purposes of this chapter, the 
     term ``State'' has the meaning given to such term in section 
     101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(36)).
       (b) Severability.--If any provision of this chapter, or the 
     application of such provision to any person or circumstance, 
     is held invalid, the remainder of this chapter, and the 
     application of such provision to other persons not similarly 
     situated or to other circumstances, shall not be affected by 
     such invalidation.

     SEC. 3702. IMMIGRATION LAW ENFORCEMENT BY STATES AND 
                   LOCALITIES.

       (a) In General.--Subject to section 274A(h)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)), 
     States, or political subdivisions of States, may enact, 
     implement and enforce criminal penalties that penalize the 
     same conduct that is prohibited in the criminal provisions of 
     immigration laws (as defined in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), as 
     long as the criminal penalties do not exceed the relevant 
     Federal criminal penalties. States, or political subdivisions 
     of States, may enact, implement and enforce civil penalties 
     that penalize the same conduct that is prohibited in the 
     civil violations of immigration laws (as defined in such 
     section 101(a)(17)), as long as the civil penalties do not 
     exceed the relevant Federal civil penalties.
       (b) Law Enforcement Personnel.--Law enforcement personnel 
     of a State, or of a political subdivision of a State, may 
     investigate, identify, apprehend, arrest, detain, or transfer 
     to Federal custody aliens for the purposes of enforcing the 
     immigration laws of the United States to the same extent as 
     Federal law enforcement personnel. Law enforcement personnel 
     of a State, or of a political subdivision of a State, may 
     also investigate, identify, apprehend, arrest, or detain 
     aliens for the purposes of enforcing the immigration laws of 
     a State or of a political subdivision of State, as long as 
     those immigration laws are permissible under this section. 
     Law enforcement personnel of a State, or of a political 
     subdivision of a State, may not remove aliens from the United 
     States.

     SEC. 3703. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

       (a) Provision of Information to the NCIC.--Not later than 
     180 days after the date of the enactment of this Act and 
     periodically thereafter as updates may require, the Secretary 
     shall provide the National Crime Information Center of the 
     Department of Justice with all information that the Secretary 
     may possess regarding any alien against whom a final order of 
     removal has been issued, any alien who has entered into a 
     voluntary departure agreement, any alien who has overstayed 
     their authorized period of stay, and any alien whose visas 
     has been revoked. The National Crime Information Center shall 
     enter such information into the Immigration Violators File of 
     the National Crime Information Center database, regardless of 
     whether--
       (1) the alien received notice of a final order of removal;
       (2) the alien has already been removed; or
       (3) sufficient identifying information is available with 
     respect to the alien.
       (b) Inclusion of Information in the NCIC Database.--
       (1) In general.--Section 534(a) of title 28, United States 
     Code, is amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations by aliens of the immigration laws of the United 
     States, regardless of whether any such alien has received 
     notice of the violation or whether sufficient identifying 
     information is available with respect to any such alien or 
     whether any such alien has already been removed from the 
     United States; and''.
       (2) Effective date.--The Attorney General and the Secretary 
     shall ensure that the amendment made by paragraph (1) is 
     implemented by not later than 6 months after the date of the 
     enactment of this Act.

     SEC. 3704. TECHNOLOGY ACCESS.

       States shall have access to Federal programs or technology 
     directed broadly at identifying inadmissible or deportable 
     aliens.

     SEC. 3705. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF 
                   INFORMATION ABOUT APPREHENDED ALIENS.

       (a) Provision of Information.--In compliance with section 
     642(a) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373) and section 434 of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and 
     each political subdivision of a State, shall provide the 
     Secretary in a timely manner with the information specified 
     in subsection (b) with respect to each alien apprehended in 
     the jurisdiction of the State, or in the political 
     subdivision of the State, who is believed to be inadmissible 
     or deportable.
       (b) Information Required.--The information referred to in 
     subsection (a) is as follows:

[[Page S5058]]

       (1) The alien's name.
       (2) The alien's address or place of residence.
       (3) A physical description of the alien.
       (4) The date, time, and location of the encounter with the 
     alien and reason for stopping, detaining, apprehending, or 
     arresting the alien.
       (5) If applicable, the alien's driver's license number and 
     the State of issuance of such license.
       (6) If applicable, the type of any other identification 
     document issued to the alien, any designation number 
     contained on the identification document, and the issuing 
     entity for the identification document.
       (7) If applicable, the license plate number, make, and 
     model of any automobile registered to, or driven by, the 
     alien.
       (8) A photo of the alien, if available or readily 
     obtainable.
       (9) The alien's fingerprints, if available or readily 
     obtainable.
       (c) Annual Report on Reporting.--The Secretary shall 
     maintain and annually submit to the Congress a detailed 
     report listing the States, or the political subdivisions of 
     States, that have provided information under subsection (a) 
     in the preceding year.
       (d) Reimbursement.--The Secretary shall reimburse States, 
     and political subdivisions of a State, for all reasonable 
     costs, as determined by the Secretary, incurred by the State, 
     or the political subdivision of a State, as a result of 
     providing information under subsection (a).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (f) Construction.--Nothing in this section shall require 
     law enforcement officials of a State, or of a political 
     subdivision of a State, to provide the Secretary with 
     information related to a victim of a crime or witness to a 
     criminal offense.
       (g) Effective Date.--This section shall take effect on the 
     date that is 120 days after the date of the enactment of this 
     Act and shall apply with respect to aliens apprehended on or 
     after such date.

     SEC. 3706. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE 
                   AGENCIES THAT ASSIST IN THE ENFORCEMENT OF 
                   IMMIGRATION LAWS.

       (a) Grants for Special Equipment for Housing and Processing 
     Certain Aliens.--From amounts made available to make grants 
     under this section, the Secretary shall make grants to 
     States, and to political subdivisions of States, for 
     procurement of equipment, technology, facilities, and other 
     products that facilitate and are directly related to 
     investigating, apprehending, arresting, detaining, or 
     transporting aliens who are inadmissible or deportable, 
     including additional administrative costs incurred under this 
     chapter.
       (b) Eligibility.--To be eligible to receive a grant under 
     this section, a State, or a political subdivision of a State, 
     must have the authority to, and shall have a written policy 
     and a practice to, assist in the enforcement of the 
     immigration laws of the United States in the course of 
     carrying out the routine law enforcement duties of such State 
     or political subdivision of a State. Entities covered under 
     this section may not have any policy or practice that 
     prevents local law enforcement from inquiring about a 
     suspect's immigration status.
       (c) Funding.--There is authorized to be appropriated for 
     grants under this section such sums as may be necessary for 
     fiscal year 2014 and each subsequent fiscal year.
       (d) GAO Audit.--Not later than 3 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct an audit of funds distributed to 
     States, and to political subdivisions of a State, under 
     subsection (a).

     SEC. 3707. INCREASED FEDERAL DETENTION SPACE.

       (a) Construction or Acquisition of Detention Facilities.--
       (1) In general.--The Secretary shall construct or acquire, 
     in addition to existing facilities for the detention of 
     aliens, detention facilities in the United States, for aliens 
     detained pending removal from the United States or a decision 
     regarding such removal. Each facility shall have a number of 
     beds necessary to effectuate this purposes of this chapter.
       (2) Determinations.--The location of any detention facility 
     built or acquired in accordance with this subsection shall be 
     determined by the Secretary.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (c) Technical and Conforming Amendment.--Section 241(g)(1) 
     of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) 
     is amended by striking ``may expend'' and inserting ``shall 
     expend''.

     SEC. 3708. FEDERAL CUSTODY OF INADMISSIBLE AND DEPORTABLE 
                   ALIENS IN THE UNITED STATES APPREHENDED BY 
                   STATE OR LOCAL LAW ENFORCEMENT.

       (a) State Apprehension.--
       (1) In general.--Title II of the Immigration and 
     Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
     inserting after section 240C the following:


 ``custody of inadmissible and deportable aliens present in the united 
                                 states

       ``Sec. 240D.  (a) Transfer of Custody by State and Local 
     Officials.--If a State, or a political subdivision of the 
     State, exercising authority with respect with respect to the 
     apprehension or arrest of an inadmissible or deportable alien 
     submits to the Secretary of Homeland Security a request that 
     the alien be taken into Federal custody, notwithstanding any 
     other provision of law, regulation, or policy the Secretary--
       ``(1) shall take the alien into custody not later than 48 
     hours after the detainer has been issued following the 
     conclusion of the State or local charging process or 
     dismissal process, or if no State or local charging or 
     dismissal process is required, the Secretary should issue a 
     detainer and take the alien into custody not later than 48 
     hours after the alien is apprehended; and
       ``(2) shall request that the relevant State or local law 
     enforcement agency temporarily hold the alien in their 
     custody or transport the alien for transfer to Federal 
     custody.
       ``(b) Policy on Detention in Federal, Contract, State, or 
     Local Detention Facilities.--In carrying out section 
     241(g)(1), the Attorney General or Secretary of Homeland 
     Security shall ensure that an alien arrested under this title 
     shall be held in custody, pending the alien's examination 
     under this section, in a Federal, contract, State, or local 
     prison, jail, detention center, or other comparable facility. 
     Notwithstanding any other provision of law, regulation or 
     policy, such facility is adequate for detention, if--
       ``(1) such a facility is the most suitably located Federal, 
     contract, State, or local facility available for such purpose 
     under the circumstances;
       ``(2) an appropriate arrangement for such use of the 
     facility can be made; and
       ``(3) the facility satisfies the standards for the housing, 
     care, and security of persons held in custody by a United 
     States Marshal.
       ``(c) Reimbursement.--The Secretary of Homeland Security 
     shall reimburse a State, and a political subdivision of a 
     State, for all reasonable expenses, as determined by the 
     Secretary, incurred by the State, or political subdivision, 
     as a result of the incarceration and transportation of an 
     alien who is inadmissible or deportable as described in 
     subsections (a) and (b). Compensation provided for costs 
     incurred under such subsections shall be the average cost of 
     incarceration of a prisoner in the relevant State, as 
     determined by the chief executive officer of a State, or of a 
     political subdivision of a State, plus the cost of 
     transporting the alien from the point of apprehension to the 
     place of detention, and to the custody transfer point if the 
     place of detention and place of custody are different.
       ``(d) Secure Facilities.--The Secretary of Homeland 
     Security shall ensure that aliens incarcerated pursuant to 
     this title are held in facilities that provide an appropriate 
     level of security.
       ``(e) Transfer.--
       ``(1) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall establish a regular 
     circuit and schedule for the prompt transfer of apprehended 
     aliens from the custody of States, and political subdivisions 
     of a State, to Federal custody.
       ``(2) Contracts.--The Secretary may enter into contracts, 
     including appropriate private contracts, to implement this 
     subsection.''.
       (2) Clerical amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     240C the following new item:

``Sec. 240D. Custody of aliens unlawfully present in the United 
              States.''.
       (b) GAO Audit.--Not later than 3 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct an audit of compensation to 
     States, and to political subdivisions of a State, for the 
     incarceration of inadmissible or deportable aliens under 
     section 240D(a) of the Immigration and Nationality Act (as 
     added by subsection (a)(1)).
       (c) Effective Date.--Section 240D of the Immigration and 
     Nationality Act, as added by subsection (a), shall take 
     effect on the date of the enactment of this Act, except that 
     subsection (e) of such section shall take effect on the date 
     that is 120 day after the date of the enactment of this Act.

     SEC. 3709. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT 
                   PERSONNEL RELATING TO THE ENFORCEMENT OF 
                   IMMIGRATION LAWS.

       (a) Establishment of Training Manual and Pocket Guide.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary shall establish--
       (1) a training manual for law enforcement personnel of a 
     State, or of a political subdivision of a State, to train 
     such personnel in the investigation, identification, 
     apprehension, arrest, detention, and transfer to Federal 
     custody of inadmissible and deportable aliens in the United 
     States (including the transportation of such aliens across 
     State lines to detention centers and the identification of 
     fraudulent documents); and
       (2) an immigration enforcement pocket guide for law 
     enforcement personnel of a State, or of a political 
     subdivision of a State, to provide a quick reference for such 
     personnel in the course of duty.
       (b) Availability.--The training manual and pocket guide 
     established in accordance with subsection (a) shall be made 
     available to all State and local law enforcement personnel.
       (c) Applicability.--Nothing in this section shall be 
     construed to require State or local law enforcement personnel 
     to carry the training manual or pocket guide with them while 
     on duty.

[[Page S5059]]

       (d) Costs.--The Secretary shall be responsible for any 
     costs incurred in establishing the training manual and pocket 
     guide.
       (e) Training Flexibility.--
       (1) In general.--The Secretary shall make training of State 
     and local law enforcement officers available through as many 
     means as possible, including through residential training at 
     the Center for Domestic Preparedness, onsite training held at 
     State or local police agencies or facilities, online training 
     courses by computer, teleconferencing, and videotape, or the 
     digital video display (DVD) of a training course or courses. 
     E-learning through a secure, encrypted distributed learning 
     system that has all its servers based in the United States, 
     is scalable, survivable, and can have a portal in place not 
     later than 30 days after the date of the enactment of this 
     Act, shall be made available by the Federal Law Enforcement 
     Training Center Distributed Learning Program for State and 
     local law enforcement personnel.
       (2) Federal personnel training.--The training of State and 
     local law enforcement personnel under this section shall not 
     displace the training of Federal personnel.
       (3) Clarification.--Nothing in this chapter or any other 
     provision of law shall be construed as making any 
     immigration-related training a requirement for, or 
     prerequisite to, any State or local law enforcement officer 
     to assist in the enforcement of Federal immigration laws.
       (4) Priority.--In carrying out this subsection, priority 
     funding shall be given for existing web-based immigration 
     enforcement training systems.

     SEC. 3710. IMMUNITY.

       Notwithstanding any other provision of law, a law 
     enforcement officer of a State or local law enforcement 
     agency who is acting within the scope of the officer's 
     official duties shall be immune, to the same extent as a 
     Federal law enforcement officer, from personal liability 
     arising out of the performance of any duty described in this 
     chapter, including the authorities to investigate, identify, 
     apprehend, arrest, detain, or transfer to Federal custody, an 
     alien for the purposes of enforcing the immigration laws of 
     the United States (as defined in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)) or the 
     immigration laws of a State or a political subdivision of a 
     State.

     SEC. 3711. CRIMINAL ALIEN IDENTIFICATION PROGRAM.

       (a) Continuation and Expansion.--
       (1) In general.--The Secretary shall continue to operate 
     and implement a program that--
       (A) identifies removable criminal aliens in Federal and 
     State correctional facilities;
       (B) ensures such aliens are not released into the 
     community; and
       (C) removes such aliens from the United States after the 
     completion of their sentences.
       (2) Expansion.--The program shall be extended to all 
     States. Any State that receives Federal funds for the 
     incarceration of criminal aliens (pursuant to the State 
     Criminal Alien Assistance Program authorized under section 
     241(i) of the Immigration and Nationality Act (8 U.S.C. 
     1231(i)) or other similar program) shall--
       (A) cooperate with officials of the program;
       (B) expeditiously and systematically identify criminal 
     aliens in its prison and jail populations; and
       (C) promptly convey such information to officials of such 
     program as a condition of receiving such funds.
       (b) Authorization for Detention After Completion of State 
     or Local Prison Sentence.--Law enforcement officers of a 
     State, or of a political subdivision of a State, are 
     authorized to--
       (1) hold a criminal alien for a period of up to 14 days 
     after the alien has completed the alien's sentence under 
     State or local law in order to effectuate the transfer of the 
     alien to Federal custody when the alien is inadmissible or 
     deportable; or
       (2) issue a detainer that would allow aliens who have 
     served a prison sentence under State or local law to be 
     detained by the State or local prison or jail until the 
     Secretary can take the alien into custody.
       (c) Technology Usage.--Technology, such as video 
     conferencing, shall be used to the maximum extent practicable 
     in order to make the program available in remote locations. 
     Mobile access to Federal databases of aliens and live scan 
     technology shall be used to the maximum extent practicable in 
     order to make these resources available to State and local 
     law enforcement agencies in remote locations.
       (d) Effective Date.--This section shall take effect of the 
     date of the enactment of this Act, except that subsection 
     (a)(2) shall take effect on the date that is 180 days after 
     such date.

     SEC. 3712. CLARIFICATION OF CONGRESSIONAL INTENT.

       Section 287(g) of the Immigration and Nationality Act (8 
     U.S.C. 1357(g)) is amended--
       (1) in paragraph (1) by striking ``may enter'' and all that 
     follows through the period at the end and inserting the 
     following: ``shall enter into a written agreement with a 
     State, or any political subdivision of a State, upon request 
     of the State or political subdivision, pursuant to which an 
     officer or employee of the State or subdivision, who is 
     determined by the Secretary to be qualified to perform a 
     function of an immigration officer in relation to the 
     investigation, apprehension, or detention of aliens in the 
     United States (including the transportation of such aliens 
     across State lines to detention centers), may carry out such 
     function at the expense of the State or political subdivision 
     and to extent consistent with State and local law. No request 
     from a bona fide State or political subdivision or bona fide 
     law enforcement agency shall be denied absent a compelling 
     reason. No limit on the number of agreements under this 
     subsection may be imposed. The Secretary shall process 
     requests for such agreements with all due haste, and in no 
     case shall take not more than 90 days from the date the 
     request is made until the agreement is consummated.'';
       (2) by redesignating paragraph (2) as paragraph (5) and 
     paragraphs (3) through (10) as paragraphs (7) through (14), 
     respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) An agreement under this subsection shall accommodate 
     a requesting State or political subdivision with respect to 
     the enforcement model or combination of models, and shall 
     accommodate a patrol model, task force model, jail model, any 
     combination thereof, or any other reasonable model the State 
     or political subdivision believes is best suited to the 
     immigration enforcement needs of its jurisdiction.
       ``(3) No Federal program or technology directed broadly at 
     identifying inadmissible or deportable aliens shall 
     substitute for such agreements, including those establishing 
     a jail model, and shall operate in addition to any agreement 
     under this subsection.
       ``(4)(A) No agreement under this subsection shall be 
     terminated absent a compelling reason.
       ``(B)(i) The Secretary shall provide a State or political 
     subdivision written notice of intent to terminate at least 
     180 days prior to date of intended termination, and the 
     notice shall fully explain the grounds for termination, along 
     with providing evidence substantiating the Secretary's 
     allegations.
       ``(ii) The State or political subdivision shall have the 
     right to a hearing before an administrative law judge and, if 
     the ruling is against the State or political subdivision, to 
     appeal the ruling to the Federal Circuit Court of Appeals 
     and, if the ruling is against the State or political 
     subdivision, to the Supreme Court.
       ``(C) The agreement shall remain in full effect during the 
     course of any and all legal proceedings.''; and
       (4) by inserting after paragraph (5) (as redesignated) the 
     following:
       ``(6) The Secretary of Homeland Security shall make 
     training of State and local law enforcement officers 
     available through as many means as possible, including 
     through residential training at the Center for Domestic 
     Preparedness and the Federal Law Enforcement Training Center, 
     onsite training held at State or local police agencies or 
     facilities, online training courses by computer, 
     teleconferencing, and videotape, or the digital video display 
     (DVD) of a training course or courses. Distance learning 
     through a secure, encrypted distributed learning system that 
     has all its servers based in the United States, is scalable, 
     survivable, and can have a portal in place not later than 30 
     days after the date of the enactment of this Act, shall be 
     made available by the COPS Office of the Department of 
     Justice and the Federal Law Enforcement Training Center 
     Distributed Learning Program for State and local law 
     enforcement personnel. Preference shall be given to private 
     sector-based web-based immigration enforcement training 
     programs for which the Federal Government has already 
     provided support to develop.''.

     SEC. 3713. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

       Section 241(i) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)) is amended--
       (1) by striking ``Attorney General'' the first place such 
     term appears and inserting ``Secretary of Homeland 
     Security'';
       (2) by striking ``Attorney General'' each place such term 
     appears thereafter and inserting ``Secretary'';
       (3) in paragraph (3)(A), by inserting ``charged with or'' 
     before ``convicted''; and
       (4) by amending paragraph (5) to read as follows:
       ``(5) There are authorized to be appropriated to carry out 
     this subsection such sums as may be necessary for fiscal year 
     2014 and each subsequent fiscal year.''.

     SEC. 3714. STATE VIOLATIONS OF ENFORCEMENT OF IMMIGRATION 
                   LAWS.

       (a) In General.--Section 642 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1373) is amended--
       (1) by striking ``Immigration and Naturalization Service'' 
     in each place it appears and inserting ``Department of 
     Homeland Security'';
       (2) in subsection (a), by striking ``may'' and inserting 
     ``shall'';
       (3) in subsection (b)--
       (A) by striking ``no person or agency may'' and inserting 
     ``a person or agency shall not'';
       (B) by striking ``doing any of the following with respect 
     to information'' and inserting ``undertaking any of the 
     following law enforcement activities''; and
       (C) by striking paragraphs (1) through (3) and inserting 
     the following:
       ``(1) Notifying the Federal Government regarding the 
     presence of inadmissible and deportable aliens who are 
     encountered by law enforcement personnel of a State or 
     political subdivision of a State.
       ``(2) Complying with requests for information from Federal 
     law enforcement.
       ``(3) Complying with detainers issued by the Department of 
     Homeland Security.

[[Page S5060]]

       ``(4) Issuing policies in the form of a resolutions, 
     ordinances, administrative actions, general or special 
     orders, or departmental policies that violate Federal law or 
     restrict a State or political subdivision of a State from 
     complying with Federal law or coordinating with Federal law 
     enforcement.''; and
       (4) by adding at the end the following:
       ``(d) Compliance.--
       ``(1) In general.--A State, or a political subdivision of a 
     State, that has in effect a statute, policy, or practice that 
     prohibits law enforcement officers of the State, or of a 
     political subdivision of the State, from assisting or 
     cooperating with Federal immigration law enforcement in the 
     course of carrying out the officers' routine law enforcement 
     duties shall not be eligible to receive--
       ``(A) any of the funds that would otherwise be allocated to 
     the State or political subdivision under section 241(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the 
     `Cops on the Beat' program under part Q of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd et seq.); or
       ``(B) any other law enforcement or Department of Homeland 
     Security grant.
       ``(2) Annual determination.--The Secretary shall determine 
     annually which State or political subdivision of a State are 
     not in compliance with section and shall report such 
     determinations to Congress on March 1 of each year.
       ``(3) Reports.--The Attorney General shall issue a report 
     concerning the compliance of any particular State or 
     political subdivision at the request of the House or Senate 
     Judiciary Committee. Any jurisdiction that is found to be out 
     of compliance shall be ineligible to receive Federal 
     financial assistance as provided in paragraph (1) for a 
     minimum period of 1 year, and shall only become eligible 
     again after the Attorney General certifies that the 
     jurisdiction is in compliance.
       ``(4) Reallocation.--Any funds that are not allocated to a 
     State or to a political subdivision of a State, due to the 
     failure of the State, or of the political subdivision of the 
     State, to comply with subsection (c) shall be reallocated to 
     States, or to political subdivisions of States, that comply 
     with such subsection.
       ``(e) Construction.--Nothing in this section shall require 
     law enforcement officials from States, or from political 
     subdivisions of States, to report or arrest victims or 
     witnesses of a criminal offense.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     except that subsection (d) of section 642 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373), as added by this section, shall take effect 
     beginning one year after the date of the enactment of this 
     Act.

     SEC. 3715. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

       Except as otherwise provided by Federal law or rule of 
     procedure, the Secretary shall execute all lawful writs, 
     process, and orders issued under the authority of the United 
     States, and shall command all necessary assistance to execute 
     the Secretary's duties.

                      CHAPTER 2--NATIONAL SECURITY

     SEC. 3721. REMOVAL OF, AND DENIAL OF BENEFITS TO, TERRORIST 
                   ALIENS.

       (a) Asylum.--Section 208(b)(2)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended--
       (1) by inserting ``or the Secretary of Homeland Security'' 
     after ``if the Attorney General''; and
       (2) by amending clause (v) to read as follows:
       ``(v) the alien is described in subparagraph (B)(i) or (F) 
     of section 212(a)(3), unless, in the case of an alien 
     described in subparagraph (IV), (V), or (IX) of section 
     212(a)(3)(B)(i), the Secretary of Homeland Security or the 
     Attorney General determines, in the discretion of the 
     Secretary or the Attorney General, that there are not 
     reasonable grounds for regarding the alien as a danger to the 
     security of the United States; or''.
       (b) Cancellation of Removal.--Section 240A(c)(4) of such 
     Act (8 U.S.C. 1229b(c)(4)) is amended--
       (1) by striking ``inadmissible under'' and inserting 
     ``described in''; and
       (2) by striking ``deportable under'' and inserting 
     ``described in''.
       (c) Voluntary Departure.--Section 240B(b)(1)(C) of such Act 
     (8 U.S.C. 1229c(b)(1)(C)) is amended by striking ``deportable 
     under section 237(a)(2)(A)(iii) or section 237(a)(4);'' and 
     inserting ``described in paragraph (2)(A)(iii) or (4) of 
     section 237(a);''.
       (d) Restriction on Removal.--Section 241(b)(3)(B) of such 
     Act (8 U.S.C. 1231(b)(3)(B)) is amended--
       (1) by inserting ``or the Secretary of Homeland Security'' 
     after ``Attorney General'' wherever that term appears;
       (2) in clause (iii), by striking ``or'' at the end;
       (3) in clause (iv), by striking the period at the end and 
     inserting ``; or'';
       (4) by inserting after clause (iv) the following:
       ``(v) the alien is described in subparagraph (B)(i) or (F) 
     of section 212(a)(3), unless, in the case of an alien 
     described in subparagraph (IV), (V), or (IX) of section 
     212(a)(3)(B)(i), the Secretary of Homeland Security or the 
     Attorney General determines, in discretion of the Secretary 
     or the Attorney General, that there are not reasonable 
     grounds for regarding the alien as a danger to the security 
     of the United States.''; and
       (5) by striking the final sentence.
       (e) Record of Admission.--
       (1) In general.--Section 249 of such Act (8 U.S.C. 1259) is 
     amended to read as follows:


 ``record of admission for permanent residence in the case of certain 
     aliens who entered the united states prior to january 1, 1972

       ``Sec. 249. The Secretary of Homeland Security, in the 
     discretion of the Secretary and under such regulations as the 
     Secretary may prescribe, may enter a record of lawful 
     admission for permanent residence in the case of any alien, 
     if no such record is otherwise available and the alien--
       ``(1) entered the United States before January 1, 1972;
       ``(2) has continuously resided in the United States since 
     such entry;
       ``(3) has been a person of good moral character since such 
     entry;
       ``(4) is not ineligible for citizenship;
       ``(5) is not described in paragraph (1)(A)(iv), (2), (3), 
     (6)(C), (6)(E), or (8) of section 212(a); and
       ``(6) did not, at any time, without reasonable cause fail 
     or refuse to attend or remain in attendance at a proceeding 
     to determine the alien's inadmissibility or deportability.
     Such recordation shall be effective as of the date of 
     approval of the application or as of the date of entry if 
     such entry occurred prior to July 1, 1924.''.
       (2) Clerical amendment.--The table of contents for such Act 
     is amended by amending the item relating to section 249 to 
     read as follows:

``Sec. 249. Record of admission for permanent residence in the case of 
              certain aliens who entered the United States prior to 
              January 1, 1972.''.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     sections 208(b)(2)(A), 212(a), 240A, 240B, 241(b)(3), and 249 
     of the Immigration and Nationality Act, as so amended, shall 
     apply to--
       (1) all aliens in removal, deportation, or exclusion 
     proceedings;
       (2) all applications pending on, or filed after, the date 
     of the enactment of this Act; and
       (3) with respect to aliens and applications described in 
     paragraph (1) or (2) of this subsection, acts and conditions 
     constituting a ground for exclusion, deportation, or removal 
     occurring or existing before, on, or after the date of the 
     enactment of this Act.

     SEC. 3722. TERRORIST BAR TO GOOD MORAL CHARACTER.

       (a) Definition of Good Moral Character.--Section 101(f) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(f)) is 
     amended--
       (1) by redesignating paragraphs (1) through (9) as 
     paragraphs (2) through (10), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) one who the Secretary of Homeland Security or 
     Attorney General determines to have been at any time an alien 
     described in section 212(a)(3) or 237(a)(4), which 
     determination may be based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information;'';
       (3) in paragraph (9) (as redesignated), by inserting ``, 
     regardless whether the crime was classified as an aggravated 
     felony at the time of conviction, except that the Secretary 
     of Homeland Security or Attorney General may, in the 
     unreviewable discretion of the Secretary or Attorney General, 
     determine that this paragraph shall not apply in the case of 
     a single aggravated felony conviction (other than murder, 
     manslaughter, homicide, rape, or any sex offense when the 
     victim of such sex offense was a minor) for which completion 
     of the term of imprisonment or the sentence (whichever is 
     later) occurred 10 or more years prior to the date of 
     application'' after ``(as defined in subsection (a)(43))''; 
     and
       (4) by striking the first sentence the follows paragraph 
     (10) (as redesignated) and inserting following: ``The fact 
     that any person is not within any of the foregoing classes 
     shall not preclude a discretionary finding for other reasons 
     that such a person is or was not of good moral character. The 
     Secretary or the Attorney General shall not be limited to the 
     applicant's conduct during the period for which good moral 
     character is required, but may take into consideration as a 
     basis for determination the applicant's conduct and acts at 
     any time.''
       (b) Aggravated Felons.--Section 509(b) of the Immigration 
     Act of 1990 (8 U.S.C. 1101 note) is amended to read as 
     follows:
       ``(b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on November 29, 1990, and shall apply to 
     convictions occurring before, on or after such date.''.
       (c) Technical Correction to the Intelligence Reform Act.--
     Section 5504(2) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458) is amended by 
     striking ``adding at the end'' and inserting ``inserting 
     after paragraph (8)''.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the date of enactment of this 
     Act, shall apply to any act that occurred before, on, or 
     after such date and shall apply to any application for 
     naturalization or any other benefit or relief, or any other 
     case or matter under the immigration laws pending on or filed 
     after such date. The amendments made

[[Page S5061]]

     by subsection (c) shall take effect as if enacted in the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458).

     SEC. 3723. TERRORIST BAR TO NATURALIZATION.

       (a) Naturalization of Persons Endangering the National 
     Security.--Section 316 of the Immigration and Nationality Act 
     (8 U.S.C. 1426) is amended by adding at the end the 
     following:
       ``(g) Persons Endangering the National Security.--No person 
     shall be naturalized who the Secretary of Homeland Security 
     determines to have been at any time an alien described in 
     section 212(a)(3) or 237(a)(4). Such determination may be 
     based upon any relevant information or evidence, including 
     classified, sensitive, or national security information.''.
       (b) Concurrent Naturalization and Removal Proceedings.--
     Section 318 of the Immigration and Nationality Act (8 U.S.C. 
     1429) is amended by striking ``other Act;'' and inserting 
     ``other Act; and no application for naturalization shall be 
     considered by the Secretary of Homeland Security or any court 
     if there is pending against the applicant any removal 
     proceeding or other proceeding to determine the applicant's 
     inadmissibility or deportability, or to determine whether the 
     applicant's lawful permanent resident status should be 
     rescinded, regardless of when such proceeding was commenced: 
     Provided, That the findings of the Attorney General in 
     terminating removal proceedings or in canceling the removal 
     of an alien pursuant to the provisions of this Act, shall not 
     be deemed binding in any way upon the Secretary of Homeland 
     Security with respect to the question of whether such person 
     has established his eligibility for naturalization as 
     required by this title;''.
       (c) Pending Denaturalization or Removal Proceedings.--
     Section 204(b) of the Immigration and Nationality Act (8 
     U.S.C. 1154(b)) is amended by adding at the end the 
     following: ``No petition shall be approved pursuant to this 
     section if there is any administrative or judicial proceeding 
     (whether civil or criminal) pending against the petitioner 
     that could (whether directly or indirectly) result in the 
     petitioner's denaturalization or the loss of the petitioner's 
     lawful permanent resident status.''.
       (d) Conditional Permanent Residents.--Sections 216(e) and 
     section 216A(e) of the Immigration and Nationality Act (8 
     U.S.C. 1186a(e) and 1186b(e)) are each amended by striking 
     the period at the end and inserting ``, if the alien has had 
     the conditional basis removed pursuant to this section.''.
       (e) District Court Jurisdiction.--Subsection 336(b) of the 
     Immigration and Nationality Act, 8 U.S.C. 1447(b), is amended 
     to read as follows:
       ``(b) If there is a failure to render a final 
     administrative decision under section 335 before the end of 
     the 180-day period after the date on which the Secretary of 
     Homeland Security completes all examinations and interviews 
     conducted under such section, as such terms are defined by 
     the Secretary of Homeland Security pursuant to regulations, 
     the applicant may apply to the district court for the 
     district in which the applicant resides for a hearing on the 
     matter. Such court shall only have jurisdiction to review the 
     basis for delay and remand the matter to the Secretary of 
     Homeland Security for the Secretary's determination on the 
     application.''.
       (f) Conforming Amendment.--Section 310(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1421(c)) is 
     amended--
       (1) by inserting ``, not later than the date that is 120 
     days after the Secretary of Homeland Security's final 
     determination,'' after ``seek''; and
       (2) by striking the second sentence and inserting the 
     following: ``The burden shall be upon the petitioner to show 
     that the Secretary's denial of the application was not 
     supported by facially legitimate and bona fide reasons. 
     Except in a proceeding under section 340, notwithstanding any 
     other provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision, and sections 1361 and 1651 of such 
     title, no court shall have jurisdiction to determine, or to 
     review a determination of the Secretary made at any time 
     regarding, whether, for purposes of an application for 
     naturalization, an alien is a person of good moral character, 
     whether the alien understands and is attached to the 
     principles of the Constitution of the United States, or 
     whether an alien is well disposed to the good order and 
     happiness of the United States.''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act, shall 
     apply to any act that occurred before, on, or after such 
     date, and shall apply to any application for naturalization 
     or any other case or matter under the immigration laws 
     pending on, or filed after, such date.

     SEC. 3724. DENATURALIZATION FOR TERRORISTS.

       (a) In General.--Section 340 of the Immigration and 
     Nationality Act is amended--
       (1) by redesignating subsections (f) through (h) as 
     subsections (g) through (i), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f)(1) If a person who has been naturalized participates 
     in any act described in paragraph (2), the Attorney General 
     is authorized to find that, as of the date of such 
     naturalization, such person was not attached to the 
     principles of the Constitution of the United States and was 
     not well disposed to the good order and happiness of the 
     United States at the time of naturalization, and upon such 
     finding shall set aside the order admitting such person to 
     citizenship and cancel the certificate of naturalization as 
     having been obtained by concealment of a material fact or by 
     willful misrepresentation, and such revocation and setting 
     aside of the order admitting such person to citizenship and 
     such canceling of certificate of naturalization shall be 
     effective as of the original date of the order and 
     certificate, respectively.
       ``(2) The acts described in this paragraph are the 
     following:
       ``(A) Any activity a purpose of which is the opposition to, 
     or the control or overthrow of, the Government of the United 
     States by force, violence, or other unlawful means.
       ``(B) Engaging in a terrorist activity (as defined in 
     clauses (iii) and (iv) of section 212(a)(3)(B)).
       ``(C) Incitement of terrorist activity under circumstances 
     indicating an intention to cause death or serious bodily 
     harm.
       ``(D) Receiving military-type training (as defined in 
     section 2339D(c)(1) of title 18, United States Code) from or 
     on behalf of any organization that, at the time the training 
     was received, was a terrorist organization (as defined in 
     section 212(a)(3)(B)(vi)).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur on or after such date.

     SEC. 3725. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR 
                   NATIONAL SECURITY PURPOSES.

       (a) Special Agricultural Workers.--Section 210(b)(6) of the 
     Immigration and Nationality Act (8 U.S.C. 1160(b)(6)) is 
     amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (A), by striking ``Department of 
     Justice,'' and inserting ``Department of Homeland 
     Security,'';
       (3) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively;
       (4) by inserting after subparagraph (B) the following:
       ``(C) Authorized disclosures.--
       ``(i) Census purpose.--The Secretary of Homeland Security 
     may provide, in his discretion, for the furnishing of 
     information furnished under this section in the same manner 
     and circumstances as census information may be disclosed 
     under section 8 of title 13, United States Code.
       ``(ii) National security purpose.--The Secretary of 
     Homeland Security may provide, in his discretion, for the 
     furnishing, use, publication, or release of information 
     furnished under this section in any investigation, case, or 
     matter, or for any purpose, relating to terrorism, national 
     intelligence or the national security.''; and
       (5) in subparagraph (D), as redesignated, by striking 
     ``Service'' and inserting ``Department of Homeland 
     Security''.
       (b) Adjustment of Status Under the Immigration Reform and 
     Control Act of 1986.--Section 245A(c)(5) of the Immigration 
     and Nationality Act (8 U.S.C. 1255a(c)(5)), is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (A), by striking ``Department of 
     Justice,'' and inserting ``Department of Homeland 
     Security,'';
       (3) by amending subparagraph (C) to read as follows:
       ``(C) Authorized disclosures.--
       ``(i) Census purpose.--The Secretary of Homeland Security 
     may provide, in his discretion, for the furnishing of 
     information furnished under this section in the same manner 
     and circumstances as census information may be disclosed 
     under section 8 of title 13, United States Code.
       ``(ii) National security purpose.--The Secretary of 
     Homeland Security may provide, in his discretion, for the 
     furnishing, use, publication, or release of information 
     furnished under this section in any investigation, case, or 
     matter, or for any purpose, relating to terrorism, national 
     intelligence or the national security.''; and
       (4) in subparagraph (D), striking ``Service'' and inserting 
     ``Department of Homeland Security''.

     SEC. 3726. BACKGROUND AND SECURITY CHECKS.

       (a) Requirement to Complete Background and Security 
     Checks.--Section 103 of the Immigration and Nationality Act 
     (8 U.S.C. 1103) is amended by adding at the end the 
     following:
       ``(h) Notwithstanding any other provision of law (statutory 
     or nonstatutory), including but not limited to section 309 of 
     Public Law 107-173, sections 1361 and 1651 of title 28, 
     United States Code, and section 706(1) of title 5, United 
     States Code, neither the Secretary of Homeland Security, the 
     Attorney General, nor any court may--
       ``(1) grant, or order the grant of or adjudication of an 
     application for adjustment of status to that of an alien 
     lawfully admitted for permanent residence;
       ``(2) grant, or order the grant of or adjudication of an 
     application for United States citizenship or any other 
     status, relief, protection from removal, employment 
     authorization, or other benefit under the immigration laws;

[[Page S5062]]

       ``(3) grant, or order the grant of or adjudication of, any 
     immigrant or nonimmigrant petition; or
       ``(4) issue or order the issuance of any documentation 
     evidencing or related to any such grant, until such 
     background and security checks as the Secretary may in his 
     discretion require have been completed or updated to the 
     satisfaction of the Secretary.
       ``(i) Notwithstanding any other provision of law (statutory 
     or nonstatutory), including but not limited to section 309 of 
     Public Law 107-173, sections 1361 and 1651 of title 28, 
     United States Code, and section 706(1) of title 5, United 
     States Code, neither the Secretary of Homeland Security nor 
     the Attorney General may be required to--
       ``(1) grant, or order the grant of or adjudication of an 
     application for adjustment of status to that of an alien 
     lawfully admitted for permanent residence,
       ``(2) grant, or order the grant of or adjudication of an 
     application for United States citizenship or any other 
     status, relief, protection from removal, employment 
     authorization, or other benefit under the immigration laws,
       ``(3) grant, or order the grant of or adjudication of, any 
     immigrant or nonimmigrant petition, or
       ``(4) issue or order the issuance of any documentation 
     evidencing or related to any such grant, until any suspected 
     or alleged materially false information, material 
     misrepresentation or omission, concealment of a material 
     fact, fraud or forgery, counterfeiting, or alteration, or 
     falsification of a document, as determined by the Secretary, 
     relating to the adjudication of an application or petition 
     for any status (including the granting of adjustment of 
     status), relief, protection from removal, or other benefit 
     under this subsection has been investigated and resolved to 
     the Secretary's satisfaction.
       ``(j) Notwithstanding any other provision of law (statutory 
     or nonstatutory), including section 309 of the Enhanced 
     Border Security and Visa Entry Reform Act (8 U.S.C. 1738), 
     sections 1361 and 1651 of title 28, United States Code, and 
     section 706(1) of title 5, United States Code, no court shall 
     have jurisdiction to require any of the acts in subsection 
     (h) or (i) to be completed by a certain time or award any 
     relief for failure to complete or delay in completing such 
     acts.''.
       (b) Construction.--
       (1) In general.--Chapter 4 of title III of the Immigration 
     and Nationality Act (8 U.S.C. 1501 et seq.) is amended by 
     adding at the end the following:


                             ``construction

       ``Sec. 362.  (a) In General.--Nothing in this Act or any 
     other law, except as provided in subsection (d), shall be 
     construed to require the Secretary of Homeland Security, the 
     Attorney General, the Secretary of State, the Secretary of 
     Labor, or a consular officer to grant any application, 
     approve any petition, or grant or continue any relief, 
     protection from removal, employment authorization, or any 
     other status or benefit under the immigration laws by, to, or 
     on behalf of--
       ``(1) any alien deemed by the Secretary to be described in 
     section 212(a)(3) or section 237(a)(4); or
       ``(2) any alien with respect to whom a criminal or other 
     proceeding or investigation is open or pending (including, 
     but not limited to, issuance of an arrest warrant, detainer, 
     or indictment), where such proceeding or investigation is 
     deemed by the official described in subsection (a) to be 
     material to the alien's eligibility for the status or benefit 
     sought.
       ``(b) Denial or Withholding of Adjudication.--An official 
     described in subsection (a) may, in the discretion of the 
     official, deny (with respect to an alien described in 
     paragraph (1) or (2) of subsection (a)) or withhold 
     adjudication of pending resolution of the investigation or 
     case (with respect to an alien described in subsection (a)(2) 
     of this section) any application, petition, relief, 
     protection from removal, employment authorization, status or 
     benefit.
       ``(c) Jurisdiction.--Notwithstanding any other provision of 
     law (statutory or nonstatutory), including section 309 of the 
     Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 
     1738), sections 1361 and 1651 of title 28, United States 
     Code, and section 706(1) of title 5, United States Code, no 
     court shall have jurisdiction to review a decision to deny or 
     withhold adjudication pursuant to subsection (b) of this 
     section.
       ``(d) Withholding of Removal and Torture Convention.--This 
     section does not limit or modify the applicability of section 
     241(b)(3) or the United Nations Convention Against Torture 
     and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, subject to any reservations, understandings, 
     declarations and provisos contained in the United States 
     Senate resolution of ratification of the Convention, as 
     implemented by section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (Public Law 105-277) with respect 
     to an alien otherwise eligible for protection under such 
     provisions.''.
       (2) Clerical amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     361 the following:

``362. Construction.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to applications for immigration benefits 
     pending on or after such date.

     SEC. 3727. TECHNICAL AMENDMENTS RELATING TO THE INTELLIGENCE 
                   REFORM AND TERRORISM PREVENTION ACT OF 2004.

       (a) Transit Without Visa Program.--Section 7209(d) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (8 
     U.S.C. 1185 note) is amended by striking ``the Secretary, in 
     conjunction with the Secretary of Homeland Security,'' and 
     inserting ``the Secretary of Homeland Security, in 
     consultation with the Secretary of State,''.
       (b) Technology Acquisition and Dissemination Plan.--Section 
     7201(c)(1) of such Act is amended by inserting ``and the 
     Department of State'' after ``used by the Department of 
     Homeland Security''.

                 CHAPTER 3--REMOVAL OF CRIMINAL ALIENS

     SEC. 3731. DEFINITION OF AGGRAVATED FELONY AND CONVICTION.

       (a) Definition of Aggravated Felony.--Section 101(a)(43) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended--
       (1) by striking ``The term `aggravated felony' means--'' 
     and inserting ``Notwithstanding any other provision of law, 
     the term `aggravated felony' applies to an offense described 
     in this paragraph, whether in violation of Federal or State 
     law, or in violation of the law of a foreign country for 
     which the term of imprisonment was completed within the 
     previous 15 years, even if the length of the term of 
     imprisonment for the offense is based on recidivist or other 
     enhancements and regardless of whether the conviction was 
     entered before, on, or after September 30, 1996, and means--
     '';
       (2) in subparagraph (A), by striking ``murder, rape, or 
     sexual abuse of a minor;'' and inserting ``murder, 
     manslaughter, homicide, rape (whether the victim was 
     conscious or unconscious), or any offense of a sexual nature 
     involving a victim under the age of 18 years;'';
       (3) in subparagraph (I), by striking ``or 2252'' and 
     inserting ``2252, or 2252A''.
       (4) in subparagraph (F), by striking ``at least one year;'' 
     and inserting ``is at least one year, except that if the 
     conviction records do not conclusively establish whether a 
     crime constitutes a crime of violence, the Attorney General 
     may consider other evidence related to the conviction that 
     clearly establishes that the conduct for which the alien was 
     engaged constitutes a crime of violence;''
       (5) in subparagraph (N), by striking paragraph ``(1)(A) or 
     (2) of'';
       (6) in subparagraph (O), by striking ``section 275(a) or 
     276 committed by an alien who was previously deported on the 
     basis of a conviction for an offense described in another 
     subparagraph of this paragraph'' and inserting ``section 275 
     or 276 for which the term of imprisonment is at least 1 
     year'';
       (7) in subparagraph (U), by striking ``an attempt or 
     conspiracy to commit an offense described in this paragraph'' 
     and inserting ``attempting or conspiring to commit an offense 
     described in this paragraph, or aiding, abetting, counseling, 
     procuring, commanding, inducing, or soliciting the commission 
     of such an offense.''; and
       (8) by striking the undesignated matter following 
     subparagraph (U).
       (b) Definition of Conviction.--Section 101(a)(48) of such 
     Act (8 U.S.C. 1101(a)(48)) is amended by adding at the end 
     the following:
       ``(C) Any reversal, vacatur, expungement, or modification 
     to a conviction, sentence, or conviction record that was 
     granted to ameliorate the consequences of the conviction, 
     sentence, or conviction record, or was granted for 
     rehabilitative purposes, or for failure to advise the alien 
     of the immigration consequences of a determination of guilt 
     or of a guilty plea (except in the case of a guilty plea that 
     was made on or after March 31, 2010, shall have no effect on 
     the immigration consequences resulting from the original 
     conviction. The alien shall have the burden of demonstrating 
     that any reversal, vacatur, expungement, or modification was 
     not granted to ameliorate the consequences of the conviction, 
     sentence, or conviction record, for rehabilitative purposes, 
     or for failure to advise the alien of the immigration 
     consequences of a determination of guilt or of a guilty plea 
     (except in the case of a guilty plea that was made on or 
     after March 31, 2010), except where the alien establishes a 
     pardon consistent with section 237(a)(2)(A)(vi).''.
       (c) Effective Date; Application of Amendments.--
       (1) In general.--The amendments made by subsection (a)--
       (A) shall take effect on the date of the enactment of this 
     Act; and
       (B) shall apply to any act or conviction that occurred 
     before, on, or after such date.
       (2) Application of iirira amendments.--The amendments to 
     section 101(a)(43) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(43)) made by section 321 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009-627) shall 
     continue to apply, whether the conviction was entered before, 
     on, or after September 30, 1996.

     SEC. 3732. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF 
                   AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.

       (a) Inadmissibility on Criminal and Related Grounds; 
     Waivers.--Section 212 of the Immigration and Nationality Act 
     (8 U.S.C. 1182) is amended--
       (1) in subparagraph (a)(2)(A)(i)--
       (A) in subclause (I), by striking ``or'' at the end;
       (B) in subclause (II), by adding ``or'' at the end; and

[[Page S5063]]

       (C) by inserting after subclause (II) the following:

       ``(III) a violation of (or a conspiracy or attempt to 
     violate) an offense described in section 408 of title 42, 
     United States Code (relating to social security account 
     numbers or social security cards) or section 1028 of title 
     18, United States Code (relating to fraud and related 
     activity in connection with identification documents, 
     authentication features, and information);''.

       (2) by adding at the end of subsection (a)(2) the following 
     :
       ``(J) Procurement of citizenship or naturalization 
     unlawfully.--Any alien convicted of, or who admits having 
     committed, or who admits committing acts which constitute the 
     essential elements of, a violation of, or an attempt or a 
     conspiracy to violate, subsection (a) or (b) of section 1425 
     of title 18, United States Code (relating to the procurement 
     of citizenship or naturalization unlawfully) is inadmissible.
       ``(K) Certain firearm offenses.--Any alien who at any time 
     has been convicted under any law of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, purchasing, selling, offering for 
     sale, exchanging, using, owning, possessing, or carrying, or 
     of attempting or conspiring to purchase, sell, offer for 
     sale, exchange, use, own, possess, or carry, any weapon, 
     part, or accessory which is a firearm or destructive device 
     (as defined in section 921(a) of title 18, United States 
     Code) in violation of any law is inadmissible.
       ``(L) Aggravated felons.--Any alien who has been convicted 
     of an aggravated felony at any time is inadmissible.
       ``(M) Crimes of domestic violence, stalking, or violation 
     of protection orders, crimes against children.--
       ``(i) Domestic violence, stalking, and child abuse.--Any 
     alien who at any time is convicted of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, a crime of domestic violence, a crime 
     of stalking, or a crime of child abuse, child neglect, or 
     child abandonment is inadmissible. For purposes of this 
     clause, the term `crime of domestic violence' means any crime 
     of violence (as defined in section 16 of title 18, United 
     States Code) against a person committed by a current or 
     former spouse of the person, by an individual with whom the 
     person shares a child in common, by an individual who is 
     cohabiting with or has cohabited with the person as a spouse, 
     by an individual similarly situated to a spouse of the person 
     under the domestic or family violence laws of the 
     jurisdiction where the offense occurs, or by any other 
     individual against a person who is protected from that 
     individual's acts under the domestic or family violence laws 
     of the United States or any State, Indian tribal government, 
     or unit of local or foreign government.
       ``(ii) Violators of protection orders.--Any alien who at 
     any time is enjoined under a protection order issued by a 
     court and whom the court determines has engaged in conduct 
     that violates the portion of a protection order that involves 
     protection against credible threats of violence, repeated 
     harassment, or bodily injury to the person or persons for 
     whom the protection order was issued is inadmissible. For 
     purposes of this clause, the term `protection order' means 
     any injunction issued for the purpose of preventing violent 
     or threatening acts of domestic violence, including temporary 
     or final orders issued by civil or criminal courts (other 
     than support or child custody orders or provisions) whether 
     obtained by filing an independent action or as a independent 
     order in another proceeding.
       ``(iii) Waiver authorized.--The waiver authority available 
     under section 237(a)(7) with respect to section 
     237(a)(2)(E)(i) shall be available on a comparable basis with 
     respect to this subparagraph.
       ``(iv) Clarification.--If the conviction records do not 
     conclusively establish whether a crime of domestic violence 
     constitutes a crime of violence (as defined in section 16 of 
     title 18, United States Code), the Attorney General may 
     consider other evidence related to the conviction that 
     clearly establishes that the conduct for which the alien was 
     engaged constitutes a crime of violence.''; and
       (3) in subsection (h)--
       (A) by striking ``The Attorney General may, in his 
     discretion, waive the application of subparagraphs (A)(i)(I), 
     (B), (D), and (E) of subsection (a)(2)'' and inserting ``The 
     Attorney General or the Secretary of Homeland Security may, 
     in the discretion of the Attorney General or the Secretary, 
     waive the application of subparagraphs (A)(i)(I), (III), (B), 
     (D), (E), (K), and (M) of subsection (a)(2)'';
       (B) by striking ``a criminal act involving torture.'' and 
     inserting ``a criminal act involving torture, or has been 
     convicted of an aggravated felony.'';
       (C) by striking ``if either since the date of such 
     admission the alien has been convicted of an aggravated 
     felony or the alien'' and inserting ``if since the date of 
     such admission the alien''; and
       (D) by inserting ``or Secretary of Homeland Security'' 
     after ``the Attorney General'' wherever that phrase appears.
       (b) Deportability; Criminal Offenses.--Section 237(a)(3)(B) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)(3)(B)) is amended--
       (1) in clause (ii), by striking ``or'' at the end;
       (2) in clause (iii), by inserting ``or'' at the end; and
       (3) by inserting after clause (iii) the following:
       ``(iv) of a violation of, or an attempt or a conspiracy to 
     violate, section 1425(a) or (b) of Title 18 (relating to the 
     procurement of citizenship or naturalization unlawfully),''.
       (c) Deportability; Criminal Offenses.--Section 237(a)(2) of 
     the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is 
     amended by adding at the end the following:
       ``(G) Any alien who at any time after admission has been 
     convicted of a violation of (or a conspiracy or attempt to 
     violate) section 408 of title 42, United States Code 
     (relating to social security account numbers or social 
     security cards) or section 1028 of title 18, United States 
     Code (relating to fraud and related activity in connection 
     with identification) is deportable.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply--
       (1) to any act that occurred before, on, or after the date 
     of the enactment of this Act; and
       (2) to all aliens who are required to establish 
     admissibility on or after such date, and in all removal, 
     deportation, or exclusion proceedings that are filed, 
     pending, or reopened, on or after such date.
       (e) Construction.--The amendments made by subsection (a) 
     shall not be construed to create eligibility for relief from 
     removal under former section 212(c) of the Immigration and 
     Nationality Act where such eligibility did not exist before 
     these amendments became effective.

     SEC. 3733. ESPIONAGE CLARIFICATION.

       Section 212(a)(3)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(3)(A)), is amended to read as follows:
       ``(A) Any alien who a consular officer, the Attorney 
     General, or the Secretary of Homeland Security knows, or has 
     reasonable ground to believe, seeks to enter the United 
     States to engage solely, principally, or incidentally in, or 
     who is engaged in, or with respect to clauses (i) and (iii) 
     of this subparagraph has engaged in--
       ``(i) any activity--

       ``(I) to violate any law of the United States relating to 
     espionage or sabotage; or
       ``(II) to violate or evade any law prohibiting the export 
     from the United States of goods, technology, or sensitive 
     information;

       ``(ii) any other unlawful activity; or
       ``(iii) any activity a purpose of which is the opposition 
     to, or the control or overthrow of, the Government of the 
     United States by force, violence, or other unlawful means;
     is inadmissible.''.

     SEC. 3734. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN 
                   IMMIGRATION, NATURALIZATION, AND PEONAGE 
                   OFFENSES.

       Section 3291 of title 18, United States Code, is amended by 
     striking ``No person'' through the period at the end and 
     inserting the following: ``No person shall be prosecuted, 
     tried, or punished for a violation of any section of chapters 
     69 (relating to nationality and citizenship offenses) and 75 
     (relating to passport, visa, and immigration offenses), or 
     for a violation of any criminal provision of sections 243, 
     266, 274, 275, 276, 277, or 278 of the Immigration and 
     Nationality Act, or for an attempt or conspiracy to violate 
     any such section, unless the indictment is returned or the 
     information is filed within ten years after the commission of 
     the offense.''.

     SEC. 3735. CONFORMING AMENDMENT TO THE DEFINITION OF 
                   RACKETEERING ACTIVITY.

       Section 1961(1) of title 18, United States Code, is amended 
     by striking ``section 1542'' through ``section 1546 (relating 
     to fraud and misuse of visas, permits, and other documents)'' 
     and inserting ``sections 1541-1548 (relating to passports and 
     visas)''.

     SEC. 3736. CONFORMING AMENDMENTS FOR THE AGGRAVATED FELONY 
                   DEFINITION.

       (a) In General.--Subparagraph (P) of section 101(a)(43) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended--
       (1) by striking ``(i) which either is falsely making, 
     forging, counterfeiting, mutilating, or altering a passport 
     or instrument in violation of section 1543 of title 18, 
     United States Code, or is described in section 1546(a) of 
     such title (relating to document fraud) and (ii)'' and 
     inserting ``which is described in any section of chapter 75 
     of title 18, United States Code,''; and
       (2) by inserting after ``first offense'' the following: 
     ``(i) that is not described in section 1548 of such title 
     (relating to increased penalties), and (ii)''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur before, on, or after the 
     date of the enactment of this Act.

     SEC. 3737. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT OF STATUS 
                   FOR AGGRAVATED FELONS.

       (a) In General.--Section 209(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1159(c)) is amended by adding at 
     the end thereof the following: ``However, an alien who is 
     convicted of an aggravated felony is not eligible for a 
     waiver or for adjustment of status under this section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply--
       (1) to any act that occurred before, on, or after the date 
     of the enactment of this Act; and
       (2) to all aliens who are required to establish 
     admissibility on or after such date, and in all removal, 
     deportation, or exclusion proceedings that are filed, 
     pending, or reopened, on or after such date.

[[Page S5064]]

     SEC. 3738. INADMISSIBILITY AND DEPORTABILITY OF DRUNK 
                   DRIVERS.

       (a) In General.--Section 101(a)(43) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
       (1) in subparagraph (T), by striking ``and'';
       (2) in subparagraph (U); by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (U) the following:.
       ``(V) A second conviction for driving while intoxicated 
     (including a conviction for driving while under the influence 
     of or impaired by alcohol or drugs) without regard to whether 
     the conviction is classified as a misdemeanor or felony under 
     State law.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and apply to convictions entered on or after such date.

     SEC. 3739. DETENTION OF DANGEROUS ALIENS.

       (a) In General.--Section 241(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)) is amended--
       (1) by striking ``Attorney General'' each place it appears, 
     except for the first reference in paragraph (4)(B)(i), and 
     inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1), by amending subparagraph (B) to read 
     as follows:
       ``(B) Beginning of period.--The removal period begins on 
     the latest of the following:
       ``(i) The date the order of removal becomes 
     administratively final.
       ``(ii) If the alien is not in the custody of the Secretary 
     on the date the order of removal becomes administratively 
     final, the date the alien is taken into such custody.
       ``(iii) If the alien is detained or confined (except under 
     an immigration process) on the date the order of removal 
     becomes administratively final, the date the alien is taken 
     into the custody of the Secretary, after the alien is 
     released from such detention or confinement.'';
       (3) in paragraph (1), by amending subparagraph (C) to read 
     as follows:
       ``(C) Suspension of period.--
       ``(i) Extension.--The removal period shall be extended 
     beyond a period of 90 days and the Secretary may, in the 
     Secretary's sole discretion, keep the alien in detention 
     during such extended period if--

       ``(I) the alien fails or refuses to make all reasonable 
     efforts to comply with the removal order, or to fully 
     cooperate with the Secretary's efforts to establish the 
     alien's identity and carry out the removal order, including 
     making timely application in good faith for travel or other 
     documents necessary to the alien's departure or conspires or 
     acts to prevent the alien's removal that is subject to an 
     order of removal;
       ``(II) a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of removal of an alien who is 
     subject to an administratively final order of removal;
       ``(III) the Secretary transfers custody of the alien 
     pursuant to law to another Federal agency or a State or local 
     government agency in connection with the official duties of 
     such agency; or
       ``(IV) a court or the Board of Immigration Appeals orders a 
     remand to an immigration judge or the Board of Immigration 
     Appeals, during the time period when the case is pending a 
     decision on remand (with the removal period beginning anew on 
     the date that the alien is ordered removed on remand).

       ``(ii) Renewal.--If the removal period has been extended 
     under clause (C)(i), a new removal period shall be deemed to 
     have begun on the date--

       ``(I) the alien makes all reasonable efforts to comply with 
     the removal order, or to fully cooperate with the Secretary's 
     efforts to establish the alien's identity and carry out the 
     removal order;
       ``(II) the stay of removal is no longer in effect; or
       ``(III) the alien is returned to the custody of the 
     Secretary.

       ``(iii) Mandatory detention for certain aliens.--In the 
     case of an alien described in subparagraphs (A) through (D) 
     of section 236(c)(1), the Secretary shall keep that alien in 
     detention during the extended period described in clause (i).
       ``(iv) Sole form of relief.--An alien may seek relief from 
     detention under this subparagraph only by filing an 
     application for a writ of habeas corpus in accordance with 
     chapter 153 of title 28, United States Code. No alien whose 
     period of detention is extended under this subparagraph shall 
     have the right to seek release on bond.'';
       (4) in paragraph (3)--
       (A) by adding after ``If the alien does not leave or is not 
     removed within the removal period'' the following: ``or is 
     not detained pursuant to paragraph (6) of this subsection''; 
     and
       (B) by striking subparagraph (D) and inserting the 
     following:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities that the Secretary prescribes for the 
     alien, in order to prevent the alien from absconding, for the 
     protection of the community, or for other purposes related to 
     the enforcement of the immigration laws.'';
       (5) in paragraph (4)(A), by striking ``paragraph (2)'' and 
     inserting ``subparagraph (B)''; and
       (6) by striking paragraph (6) and inserting the following:
       ``(6) Additional rules for detention or release of certain 
     aliens.--
       ``(A) Detention review process for cooperative aliens 
     established.--For an alien who is not otherwise subject to 
     mandatory detention, who has made all reasonable efforts to 
     comply with a removal order and to cooperate fully with the 
     Secretary of Homeland Security's efforts to establish the 
     alien's identity and carry out the removal order, including 
     making timely application in good faith for travel or other 
     documents necessary to the alien's departure, and who has not 
     conspired or acted to prevent removal, the Secretary shall 
     establish an administrative review process to determine 
     whether the alien should be detained or released on 
     conditions. The Secretary shall make a determination whether 
     to release an alien after the removal period in accordance 
     with subparagraph (B). The determination shall include 
     consideration of any evidence submitted by the alien, and may 
     include consideration of any other evidence, including any 
     information or assistance provided by the Secretary of State 
     or other Federal official and any other information available 
     to the Secretary of Homeland Security pertaining to the 
     ability to remove the alien.
       ``(B) Authority to detain beyond removal period.--
       ``(i) In general.--The Secretary of Homeland Security, in 
     the exercise of the Secretary's sole discretion, may continue 
     to detain an alien for 90 days beyond the removal period 
     (including any extension of the removal period as provided in 
     paragraph (1)(C)). An alien whose detention is extended under 
     this subparagraph shall have no right to seek release on 
     bond.
       ``(ii) Specific circumstances.--The Secretary of Homeland 
     Security, in the exercise of the Secretary's sole discretion, 
     may continue to detain an alien beyond the 90 days authorized 
     in clause (i)--

       ``(I) until the alien is removed, if the Secretary, in the 
     Secretary's sole discretion, determines that there is a 
     significant likelihood that the alien--

       ``(aa) will be removed in the reasonably foreseeable 
     future; or
       ``(bb) would be removed in the reasonably foreseeable 
     future, or would have been removed, but for the alien's 
     failure or refusal to make all reasonable efforts to comply 
     with the removal order, or to cooperate fully with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, or conspires or acts to 
     prevent removal;

       ``(II) until the alien is removed, if the Secretary of 
     Homeland Security certifies in writing--

       ``(aa) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(bb) after receipt of a written recommendation from the 
     Secretary of State, that release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States;
       ``(cc) based on information available to the Secretary of 
     Homeland Security (including classified, sensitive, or 
     national security information, and without regard to the 
     grounds upon which the alien was ordered removed), that there 
     is reason to believe that the release of the alien would 
     threaten the national security of the United States; or
       ``(dd) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, and either (AA) the alien has been 
     convicted of one or more aggravated felonies (as defined in 
     section 101(a)(43)(A)) or of one or more crimes identified by 
     the Secretary of Homeland Security by regulation, or of one 
     or more attempts or conspiracies to commit any such 
     aggravated felonies or such identified crimes, if the 
     aggregate term of imprisonment for such attempts or 
     conspiracies is at least 5 years; or (BB) the alien has 
     committed one or more crimes of violence (as defined in 
     section 16 of title 18, United States Code, but not including 
     a purely political offense) and, because of a mental 
     condition or personality disorder and behavior associated 
     with that condition or disorder, the alien is likely to 
     engage in acts of violence in the future; or

       ``(III) pending a certification under subclause (II), so 
     long as the Secretary of Homeland Security has initiated the 
     administrative review process not later than 30 days after 
     the expiration of the removal period (including any extension 
     of the removal period, as provided in paragraph (1)(C)).

       ``(iii) No right to bond hearing.--An alien whose detention 
     is extended under this subparagraph shall have no right to 
     seek release on bond, including by reason of a certification 
     under clause (ii)(II).
       ``(C) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (B)(ii)(II) every 6 
     months, after providing an opportunity for the alien to 
     request reconsideration of the certification and to submit 
     documents or other evidence in support of that request. If 
     the Secretary does not renew a certification, the Secretary 
     may not continue to detain the alien under subparagraph 
     (B)(ii)(II).
       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in item (bb), 
     (cc), or (dd) of subparagraph (B)(ii)(II) below the level of 
     the Assistant Secretary for Immigration and Customs 
     Enforcement.

[[Page S5065]]

       ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General or the Attorney General's 
     designee provide for a hearing to make the determination 
     described in item (dd)(BB) of subparagraph (B)(ii)(II).
       ``(D) Release on conditions.--If it is determined that an 
     alien should be released from detention by a Federal court, 
     the Board of Immigration Appeals, or if an immigration judge 
     orders a stay of removal, the Secretary of Homeland Security, 
     in the exercise of the Secretary's discretion, may impose 
     conditions on release as provided in paragraph (3).
       ``(E) Redetention.--The Secretary of Homeland Security, in 
     the exercise of the Secretary's discretion, without any 
     limitations other than those specified in this section, may 
     again detain any alien subject to a final removal order who 
     is released from custody, if removal becomes likely in the 
     reasonably foreseeable future, the alien fails to comply with 
     the conditions of release, or to continue to satisfy the 
     conditions described in subparagraph (A), or if, upon 
     reconsideration, the Secretary, in the Secretary's sole 
     discretion, determines that the alien can be detained under 
     subparagraph (B). This section shall apply to any alien 
     returned to custody pursuant to this subparagraph, as if the 
     removal period terminated on the day of the redetention.
       ``(F) Review of determinations by secretary.--A 
     determination by the Secretary under this paragraph shall not 
     be subject to review by any other agency.''.
       (b) Detention of Aliens During Removal Proceedings.--
       (1) Clerical amendment.--(A) Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226) is amended by striking 
     ``Attorney General'' each place it appears (except in the 
     second place that term appears in section 236(a)) and 
     inserting ``Secretary of Homeland Security''.
       (B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is 
     amended by inserting ``the Secretary of Homeland Security 
     or'' before ``the Attorney General--''.
       (C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is 
     amended by striking ``Attorney General's'' and inserting 
     ``Secretary of Homeland Security's''.
       (2) Length of detention.--Section 236 of such Act (8 U.S.C. 
     1226) is amended by adding at the end the following:
       ``(f) Length of Detention.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, an alien may be detained under this section for 
     any period, without limitation, except as provided in 
     subsection (h), until the alien is subject to a final order 
     of removal.
       ``(2) Construction.--The length of detention under this 
     section shall not affect detention under section 241.''.
       (3) Detention of criminal aliens.--Section 236(c)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is 
     amended, in the matter following subparagraph (D) to read as 
     follows:
     ``any time after the alien is released, without regard to 
     whether an alien is released related to any activity, 
     offense, or conviction described in this paragraph; to 
     whether the alien is released on parole, supervised release, 
     or probation; or to whether the alien may be arrested or 
     imprisoned again for the same offense. If the activity 
     described in this paragraph does not result in the alien 
     being taken into custody by any person other than the 
     Secretary, then when the alien is brought to the attention of 
     the Secretary or when the Secretary determines it is 
     practical to take such alien into custody, the Secretary 
     shall take such alien into custody.''.
       (4) Administrative review.--Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226), as amended by paragraph 
     (2), is further amended by adding at the end the following:
       ``(g) Administrative Review.--
       ``(1) In general.--The Attorney General's review of the 
     Secretary's custody determinations under subsection (a) for 
     the following classes of aliens shall be limited to whether 
     the alien may be detained, released on bond (of at least 
     $1,500 with security approved by the Secretary), or released 
     with no bond:
       ``(A) Aliens in exclusion proceedings.
       ``(B) Aliens described in section 212(a)(3) or 237(a)(4).
       ``(C) Aliens described in subsection (c).
       ``(2) Special rule.--The Attorney General's review of the 
     Secretary's custody determinations under subsection (a) for 
     aliens in deportation proceedings subject to section 
     242(a)(2) of the Act (as in effect prior to April 1, 1997, 
     and as amended by section 440(c) of Public Law 104-132) shall 
     be limited to a determination of whether the alien is 
     properly included in such category.
       ``(h) Release on Bond.--
       ``(1) In general.--An alien detained under subsection (a) 
     may seek release on bond. No bond may be granted except to an 
     alien who establishes by clear and convincing evidence that 
     the alien is not a flight risk or a risk to another person or 
     the community.
       ``(2) Certain aliens ineligible.--No alien detained under 
     subsection (c) may seek release on bond.''.
       (5) Clerical amendments.--(A) Section 236(a)(2)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is 
     amended by striking ``conditional parole'' and inserting 
     ``recognizance''.
       (B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is 
     amended by striking ``parole'' and inserting 
     ``recognizance''.
       (c) Severability.--If any of the provisions of this section 
     or any amendment by this section, or the application of any 
     such provision to any person or circumstance, is held to be 
     invalid for any reason, the remainder of this section and of 
     amendments made by this section, and the application of the 
     provisions and of the amendments made by this section to any 
     other person or circumstance shall not be affected by such 
     holding.
       (d) Effective Dates.--
       (1) The amendments made by subsection (a) shall take effect 
     upon the date of enactment of this Act, and section 241 of 
     the Immigration and Nationality Act, as so amended, shall in 
     addition apply to--
       (A) all aliens subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act; and
       (B) acts and conditions occurring or existing before, on, 
     or after such date.
       (2) The amendments made by subsection (b) shall take effect 
     upon the date of the enactment of this Act, and section 236 
     of the Immigration and Nationality Act, as so amended, shall 
     in addition apply to any alien in detention under provisions 
     of such section on or after such date.

     SEC. 3740. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR 
                   ALIEN GANG MEMBERS.

       (a) Definition of Gang Member.--Section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
     by adding at the end the following:
       ``(53)(A) The term `criminal gang' means an ongoing group, 
     club, organization, or association of 5 or more persons that 
     has as one of its primary purposes the commission of 1 or 
     more of the following criminal offenses and the members of 
     which engage, or have engaged within the past 5 years, in a 
     continuing series of such offenses, or that has been 
     designated as a criminal gang by the Secretary of Homeland 
     Security, in consultation with the Attorney General, as 
     meeting these criteria. The offenses described, whether in 
     violation of Federal or State law or foreign law and 
     regardless of whether the offenses occurred before, on, or 
     after the date of the enactment of this paragraph, are the 
     following:
       ``(i) A `felony drug offense' (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802)).
       ``(ii) An offense under section 274 (relating to bringing 
     in and harboring certain aliens), section 277 (relating to 
     aiding or assisting certain aliens to enter the United 
     States), or section 278 (relating to importation of alien for 
     immoral purpose).
       ``(iii) A crime of violence (as defined in section 16 of 
     title 18, United States Code).
       ``(iv) A crime involving obstruction of justice, tampering 
     with or retaliating against a witness, victim, or informant, 
     or burglary.
       ``(v) Any conduct punishable under sections 1028 and 1029 
     of title 18, United States Code (relating to fraud and 
     related activity in connection with identification documents 
     or access devices), sections 1581 through 1594 of such title 
     (relating to peonage, slavery and trafficking in persons), 
     section 1952 of such title (relating to interstate and 
     foreign travel or transportation in aid of racketeering 
     enterprises), section 1956 of such title (relating to the 
     laundering of monetary instruments), section 1957 of such 
     title (relating to engaging in monetary transactions in 
     property derived from specified unlawful activity), or 
     sections 2312 through 2315 of such title (relating to 
     interstate transportation of stolen motor vehicles or stolen 
     property).
       ``(vi) A conspiracy to commit an offense described in 
     clauses (i) through (v).
       ``(B) Notwithstanding any other provision of law (including 
     any effective date), the term applies regardless of whether 
     the conduct occurred before, on, or after the date of the 
     enactment of this paragraph.''.
       (b) Inadmissibility.--Section 212(a)(2) of such Act (8 
     U.S.C. 1182(a)(2)), as amended by section 302(a)(2) of this 
     Act, is further amended by adding at the end the following:
       ``(N) Aliens associated with criminal gangs.--Any alien is 
     inadmissible who a consular officer, the Secretary of 
     Homeland Security, or the Attorney General knows or has 
     reason to believe--
       ``(i) to be or to have been a member of a criminal gang (as 
     defined in section 101(a)(53)); or
       ``(ii) to have participated in the activities of a criminal 
     gang (as defined in section 101(a)(53)), knowing or having 
     reason to know that such activities will promote, further, 
     aid, or support the illegal activity of the criminal gang.''.
       (c) Deportability.--Section 237(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(2)), as amended by 
     section 302(c) of this Act, is further amended by adding at 
     the end the following:
       ``(H) Aliens associated with criminal gangs.--Any alien is 
     deportable who the Secretary of Homeland Security or the 
     Attorney General knows or has reason to believe--
       ``(i) is or has been a member of a criminal gang (as 
     defined in section 101(a)(53)); or
       ``(ii) has participated in the activities of a criminal 
     gang (as so defined), knowing or having reason to know that 
     such activities will promote, further, aid, or support the 
     illegal activity of the criminal gang.''.
       (d) Designation.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1182) is amended by inserting 
     after section 219 the following:

[[Page S5066]]

                             ``designation

       ``Sec. 220.  (a) In General.--The Secretary of Homeland 
     Security, in consultation with the Attorney General, and the 
     Secretary of State may designate a groups or association as a 
     criminal street gangs if their conduct is described in 
     section 101(a)(53) or if the group or association conduct 
     poses a significant risk that threatens the security and the 
     public safety of United States nationals or the national 
     security, homeland security, foreign policy, or economy of 
     the United States.
       ``(b) Effective Date.--Designations under subsection (a) 
     shall remain in effect until the designation is revoked after 
     consultation between the Secretary of Homeland Security, the 
     Attorney General, and the Secretary of State or is terminated 
     in accordance with Federal law.''.
       (2) Clerical amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     219 the following:

``220. Designation.''.
       (e) Mandatory Detention of Criminal Street Gang Members.--
       (1) In general.--Section 236(c)(1)(D) of the Immigration 
     and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
       (A) by inserting ``or 212(a)(2)(N)'' after 
     ``212(a)(3)(B)''; and
       (B) by inserting ``or 237(a)(2)(H)'' before 
     ``237(a)(4)(B)''.
       (2) Annual report.--Not later than March 1 of each year 
     (beginning 1 year after the date of the enactment of this 
     Act), the Secretary of Homeland Security, after consultation 
     with the appropriate Federal agencies, shall submit a report 
     to the Committees on the Judiciary of the House of 
     Representatives and of the Senate on the number of aliens 
     detained under the amendments made by paragraph (1).
       (f) Asylum Claims Based on Gang Affiliation.--
       (1) Inapplicability of restriction on removal to certain 
     countries.--Section 241(b)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
     matter preceding clause (i), by inserting ``who is described 
     in section 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or who 
     is'' after ``to an alien''.
       (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such 
     Act (8 U.S.C. 1158(b)(2)(A)) is amended--
       (A) in clause (v), by striking ``or'' at the end;
       (B) by redesignating clause (vi) as clause (vii); and
       (C) by inserting after clause (v) the following:
       ``(vi) the alien is described in section 212(a)(2)(N)(i) or 
     section 237(a)(2)(H)(i) (relating to participation in 
     criminal street gangs); or''.
       (g) Temporary Protected Status.--Section 244 of such Act (8 
     U.S.C. 1254a) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (c)(2)(B), by adding at the end the 
     following:
       ``(iii) the alien is, or at any time after admission has 
     been, a member of a criminal gang (as defined in section 
     101(a)(53)).''; and
       (3) in subsection (d)----
       (A) by striking paragraph (3); and
       (B) in paragraph (4), by adding at the end the following: 
     ``The Secretary of Homeland Security may detain an alien 
     provided temporary protected status under this section 
     whenever appropriate under any other provision of law.''.
       (h) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur before, on, or after the 
     date of the enactment of this Act.

     SEC. 3741. LAUNDERING OF MONETARY INSTRUMENTS.

       (a) Additional Predicate Offenses.--Section 1956(c)(7)(D) 
     of title 18, United States Code, is amended--
       (1) by inserting ``section 1590 (relating to trafficking 
     with respect to peonage, slavery, involuntary servitude, or 
     forced labor),'' after ``section 1363 (relating to 
     destruction of property within the special maritime and 
     territorial jurisdiction),''; and
       (2) by inserting ``section 274(a) of the Immigration and 
     Nationality Act (8 U.S.C.1324(a)) (relating to bringing in 
     and harboring certain aliens),'' after ``section 590 of the 
     Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation 
     smuggling),''.
       (b) Intent to Conceal or Disguise.--Section 1956(a) of 
     title 18, United States Code, is amended--
       (1) in paragraph (1) so that subparagraph (B) reads as 
     follows:
       ``(B) knowing that the transaction--
       ``(i) conceals or disguises, or is intended to conceal or 
     disguise, the nature, source, location, ownership, or control 
     of the proceeds of some form of unlawful activity; or
       ``(ii) avoids, or is intended to avoid, a transaction 
     reporting requirement under State or Federal law,''; and
       (2) in paragraph (2) so that subparagraph (B) reads as 
     follows:
       ``(B) knowing that the monetary instrument or funds 
     involved in the transportation, transmission, or transfer 
     represent the proceeds of some form of unlawful activity, and 
     knowing that such transportation, transmission, or transfer--
       ``(i) conceals or disguises, or is intended to conceal or 
     disguise, the nature, source, location, ownership, or control 
     of the proceeds of some form of unlawful activity; or
       ``(ii) avoids, or is intended to avoid, a transaction 
     reporting requirement under State or Federal law,''.

     SEC. 3742. INCREASED CRIMINAL PENALTIES RELATING TO ALIEN 
                   SMUGGLING AND RELATED OFFENSES.

       (a) In General.--Section 274 of the Immigration and 
     Nationality Act (8 U.S.C. 1324), is amended to read as 
     follows:

     ``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

       ``(a) Criminal Offenses and Penalties.--
       ``(1) Prohibited activities.--Except as provided in 
     paragraph (3), a person shall be punished as provided under 
     paragraph (2), if the person--
       ``(A) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to come to, enter, or cross the border to the United States;
       ``(B) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, at a place other than a designated port 
     of entry or place other than as designated by the Secretary 
     of Homeland Security, knowing or in reckless disregard of the 
     fact that such person is an alien and regardless of whether 
     such alien has official permission or lawful authority to be 
     in the United States;
       ``(C) transports, moves, harbors, conceals, or shields from 
     detection a person outside of the United States knowing or in 
     reckless disregard of the fact that such person is an alien 
     in unlawful transit from one country to another or on the 
     high seas, under circumstances in which the alien is seeking 
     to enter the United States without official permission or 
     lawful authority;
       ``(D) encourages or induces a person to reside in the 
     United States, knowing or in reckless disregard of the fact 
     that such person is an alien who lacks lawful authority to 
     reside in the United States;
       ``(E) transports or moves a person in the United States, 
     knowing or in reckless disregard of the fact that such person 
     is an alien who lacks lawful authority to enter or be in the 
     United States, if the transportation or movement will further 
     the alien's illegal entry into or illegal presence in the 
     United States;
       ``(F) harbors, conceals, or shields from detection a person 
     in the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to be in the United States; or
       ``(G) conspires or attempts to commit any of the acts 
     described in subparagraphs (A) through (F).
       ``(2) Criminal penalties.--A person who violates any 
     provision under paragraph (1) shall, for each alien in 
     respect to whom a violation of paragraph (1) occurs--
       ``(A) except as provided in subparagraphs (C) through (G), 
     if the violation was not committed for commercial advantage, 
     profit, or private financial gain, be fined under title 18, 
     United States Code, imprisoned for not more than 5 years, or 
     both;
       ``(B) except as provided in subparagraphs (C) through (G), 
     if the violation was committed for commercial advantage, 
     profit, or private financial gain--
       ``(i) be fined under such title, imprisoned for not more 
     than 20 years, or both, if the violation is the offender's 
     first violation under this subparagraph; or
       ``(ii) be fined under such title, imprisoned for not more 
     than 25 years, or both, if the violation is the offender's 
     second or subsequent violation of this subparagraph;
       ``(C) if the violation furthered or aided the commission of 
     any other offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, be fined 
     under such title, imprisoned for not more than 20 years, or 
     both;
       ``(D) be fined under such title, imprisoned not more than 
     20 years, or both, if the violation created a substantial and 
     foreseeable risk of death, a substantial and foreseeable risk 
     of serious bodily injury (as defined in section 2119(2) of 
     title 18, United States Code), or inhumane conditions to 
     another person, including--
       ``(i) transporting the person in an engine compartment, 
     storage compartment, or other confined space;
       ``(ii) transporting the person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting the person in, harboring the person 
     in, or otherwise subjecting the person to crowded or 
     dangerous conditions;
       ``(E) if the violation caused serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code) 
     to any person, be fined under such title, imprisoned for not 
     more than 30 years, or both;
       ``(F) be fined under such title and imprisoned for not more 
     than 30 years if the violation involved an alien who the 
     offender knew or had reason to believe was--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in terrorist activity;
       ``(G) if the violation caused or resulted in the death of 
     any person, be punished by death or imprisoned for a term of 
     years up to life, and fined under title 18, United States 
     Code.
       ``(3) Limitation.--It is not a violation of subparagraph 
     (D), (E), or (F) of paragraph (1)

[[Page S5067]]

     for a religious denomination having a bona fide nonprofit, 
     religious organization in the United States, or the agents or 
     officers of such denomination or organization, to encourage, 
     invite, call, allow, or enable an alien who is present in the 
     United States to perform the vocation of a minister or 
     missionary for the denomination or organization in the United 
     States as a volunteer who is not compensated as an employee, 
     notwithstanding the provision of room, board, travel, medical 
     assistance, and other basic living expenses, provided the 
     minister or missionary has been a member of the denomination 
     for at least 1 year.
       ``(4) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Seizure and Forfeiture.--
       ``(1) In general.--Any real or personal property used to 
     commit or facilitate the commission of a violation of this 
     section, the gross proceeds of such violation, and any 
     property traceable to such property or proceeds, shall be 
     subject to forfeiture.
       ``(2) Applicable procedures.--Seizures and forfeitures 
     under this subsection shall be governed by the provisions of 
     chapter 46 of title 18, United States Code, relating to civil 
     forfeitures, except that such duties as are imposed upon the 
     Secretary of the Treasury under the customs laws described in 
     section 981(d) shall be performed by such officers, agents, 
     and other persons as may be designated for that purpose by 
     the Secretary of Homeland Security.
       ``(3) Prima facie evidence in determinations of 
     violations.--In determining whether a violation of subsection 
     (a) has occurred, prima facie evidence that an alien involved 
     in the alleged violation lacks lawful authority to come to, 
     enter, reside in, remain in, or be in the United States or 
     that such alien had come to, entered, resided in, remained 
     in, or been present in the United States in violation of law 
     may include:
       ``(A) any order, finding, or determination concerning the 
     alien's status or lack of status made by a Federal judge or 
     administrative adjudicator (including an immigration judge or 
     immigration officer) during any judicial or administrative 
     proceeding authorized under Federal immigration law;
       ``(B) official records of the Department of Homeland 
     Security, the Department of Justice, or the Department of 
     State concerning the alien's status or lack of status; and
       ``(C) testimony by an immigration officer having personal 
     knowledge of the facts concerning the alien's status or lack 
     of status.
       ``(c) Authority to Arrest.--No officer or person shall have 
     authority to make any arrests for a violation of any 
     provision of this section except:
       ``(1) officers and employees designated by the Secretary of 
     Homeland Security, either individually or as a member of a 
     class; and
       ``(2) other officers responsible for the enforcement of 
     Federal criminal laws.
       ``(d) Admissibility of Videotaped Witness Testimony.--
     Notwithstanding any provision of the Federal Rules of 
     Evidence, the videotaped or otherwise audiovisually preserved 
     deposition of a witness to a violation of subsection (a) who 
     has been deported or otherwise expelled from the United 
     States, or is otherwise unavailable to testify, may be 
     admitted into evidence in an action brought for that 
     violation if:
       ``(1) the witness was available for cross examination at 
     the deposition by the party, if any, opposing admission of 
     the testimony; and
       ``(2) the deposition otherwise complies with the Federal 
     Rules of Evidence.
       ``(e) Definitions.--In this section:
       ``(1) Cross the border to the united states.--The term 
     `cross the border' refers to the physical act of crossing the 
     border, regardless of whether the alien is free from official 
     restraint.
       ``(2) Lawful authority.--The term `lawful authority' means 
     permission, authorization, or license that is expressly 
     provided for in the immigration laws of the United States or 
     accompanying regulations. The term does not include any such 
     authority secured by fraud or otherwise obtained in violation 
     of law or authority sought, but not approved. No alien shall 
     be deemed to have lawful authority to come to, enter, reside 
     in, remain in, or be in the United States if such coming to, 
     entry, residence, remaining, or presence was, is, or would be 
     in violation of law.
       ``(3) Proceeds.--The term `proceeds' includes any property 
     or interest in property obtained or retained as a consequence 
     of an act or omission in violation of this section.
       ``(4) Unlawful transit.--The term `unlawful transit' means 
     travel, movement, or temporary presence that violates the 
     laws of any country in which the alien is present or any 
     country from which or to which the alien is traveling or 
     moving.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act is amended by striking the 
     item relating to section 274 and inserting the following:

``Sec. 274. Alien smuggling and related offenses.''.
       (c) Prohibiting Carrying or Using a Firearm During and in 
     Relation to an Alien Smuggling Crime.--Section 924(c) of 
     title 18, United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)----
       (i) by inserting ``, alien smuggling crime,'' after ``any 
     crime of violence''; and
       (ii) by inserting ``, alien smuggling crime,'' after ``such 
     crime of violence''; and
       (B) in subparagraph (D)(ii), by inserting ``, alien 
     smuggling crime,'' after ``crime of violence''; and
       (2) by adding at the end the following:
       ``(6) For purposes of this subsection, the term `alien 
     smuggling crime' means any felony punishable under section 
     274(a), 277, or 278 of the Immigration and Nationality Act (8 
     U.S.C. 1324(a), 1327, and 1328).''.

     SEC. 3743. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

       (a) In General.--Section 275 of the Immigration and 
     Nationality Act (8 U.S.C. 1325) is amended to read as 
     follows:


                            ``illegal entry

       ``Sec. 275.  (a) In General.--
       ``(1) Illegal entry or presence.--An alien shall be subject 
     to the penalties set forth in paragraph (2) if the alien--
       ``(A) knowingly enters or crosses the border into the 
     United States at any time or place other than as designated 
     by the Secretary of Homeland Security;
       ``(B) knowingly eludes, at any time or place, examination 
     or inspection by an authorized immigration, customs, or 
     agriculture officer (including by failing to stop at the 
     command of such officer);
       ``(C) knowingly enters or crosses the border to the United 
     States and, upon examination or inspection, knowingly makes a 
     false or misleading representation or the knowing concealment 
     of a material fact (including such representation or 
     concealment in the context of arrival, reporting, entry, or 
     clearance requirements of the customs laws, immigration laws, 
     agriculture laws, or shipping laws);
       ``(D) knowingly violates the terms or conditions of the 
     alien's admission or parole into the United States; or
       ``(E) knowingly is unlawfully present in the United States 
     (as defined in section 212(a)(9)(B)(ii) subject to the 
     exceptions set forth in section 212(a)(9)(B)(iii)).
       ``(2) Criminal penalties.--Any alien who violates any 
     provision under paragraph (1):
       ``(A) shall, for the first violation, be fined under title 
     18, United States Code, imprisoned not more than 6 months, or 
     both;
       ``(B) shall, for a second or subsequent violation, or 
     following an order of voluntary departure, be fined under 
     such title, imprisoned not more than 2 years, or both;
       ``(C) if the violation occurred after the alien had been 
     convicted of 3 or more misdemeanors or for a felony, shall be 
     fined under such title, imprisoned not more than 10 years, or 
     both;
       ``(D) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 30 months, shall be fined under 
     such title, imprisoned not more than 15 years, or both; and
       ``(E) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 60 months, such alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both.
       ``(3) Prior convictions.--The prior convictions described 
     in subparagraphs (C) through (E) of paragraph (2) are 
     elements of the offenses described and the penalties in such 
     subparagraphs shall apply only in cases in which the 
     conviction or convictions that form the basis for the 
     additional penalty are--
       ``(A) alleged in the indictment or information; and
       ``(B) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(4) Duration of offense.--An offense under this 
     subsection continues until the alien is discovered within the 
     United States by an immigration, customs, or agriculture 
     officer.
       ``(5) Attempt.--Whoever attempts to commit any offense 
     under this section shall be punished in the same manner as 
     for a completion of such offense.
       ``(b) Improper Time or Place; Civil Penalties.--
       ``(1) In general.--Any alien who is apprehended while 
     entering, attempting to enter, or knowingly crossing or 
     attempting to cross the border to the United States at a time 
     or place other than as designated by immigration officers 
     shall be subject to a civil penalty, in addition to any 
     criminal or other civil penalties that may be imposed under 
     any other provision of law, in an amount equal to--
       ``(A) not less than $50 or more than $250 for each such 
     entry, crossing, attempted entry, or attempted crossing; or
       ``(B) twice the amount specified in paragraph (1) if the 
     alien had previously been subject to a civil penalty under 
     this subsection.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act is amended by striking the 
     item relating to section 275 and inserting the following:

``275. Illegal entry.''.

     SEC. 3744. ILLEGAL REENTRY.

       Section 276 of the Immigration and Nationality Act (8 
     U.S.C. 1326) is amended to read as follows:


                       ``reentry of removed alien

       ``Sec. 276.  (a) Reentry After Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed, or who 
     has departed the United States while an order of exclusion, 
     deportation, or removal is outstanding, and subsequently 
     enters, attempts to enter, crosses the border to, attempts to 
     cross the border to, or is at any time found

[[Page S5068]]

     in the United States, shall be fined under title 18, United 
     States Code, imprisoned not more than 2 years, or both.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection was convicted before such removal or 
     departure:
       ``(1) for 3 or more misdemeanors or for a felony, the alien 
     shall be fined under title 18, United States Code, imprisoned 
     not more than 10 years, or both;
       ``(2) for a felony for which the alien was sentenced to a 
     term of imprisonment of not less than 30 months, the alien 
     shall be fined under such title, imprisoned not more than 15 
     years, or both;
       ``(3) for a felony for which the alien was sentenced to a 
     term of imprisonment of not less than 60 months, the alien 
     shall be fined under such title, imprisoned not more than 20 
     years, or both;
       ``(4) for murder, rape, kidnapping, or a felony offense 
     described in chapter 77 (relating to peonage and slavery) or 
     113B (relating to terrorism) of such title, or for 3 or more 
     felonies of any kind, the alien shall be fined under such 
     title, imprisoned not more than 25 years, or both.
       ``(c) Reentry After Repeated Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed 3 or 
     more times and thereafter enters, attempts to enter, crosses 
     the border to, attempts to cross the border to, or is at any 
     time found in the United States, shall be fined under title 
     18, United States Code, imprisoned not more than 10 years, or 
     both.
       ``(d) Proof of Prior Convictions.--The prior convictions 
     described in subsection (b) are elements of the crimes 
     described, and the penalties in that subsection shall apply 
     only in cases in which the conviction or convictions that 
     form the basis for the additional penalty are--
       ``(1) alleged in the indictment or information; and
       ``(2) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(e) Affirmative Defenses.--It shall be an affirmative 
     defense to a violation of this section that--
       ``(1) prior to the alleged violation, the alien had sought 
     and received the express consent of the Secretary of Homeland 
     Security to reapply for admission into the United States; or
       ``(2) with respect to an alien previously denied admission 
     and removed, the alien--
       ``(A) was not required to obtain such advance consent under 
     the Immigration and Nationality Act or any prior Act; and
       ``(B) had complied with all other laws and regulations 
     governing the alien's admission into the United States.
       ``(f) Limitation on Collateral Attack on Underlying Removal 
     Order.--In a criminal proceeding under this section, an alien 
     may not challenge the validity of any prior removal order 
     concerning the alien.
       ``(g) Reentry of Alien Removed Prior to Completion of Term 
     of Imprisonment.--Any alien removed pursuant to section 
     241(a)(4) who enters, attempts to enter, crosses the border 
     to, attempts to cross the border to, or is at any time found 
     in, the United States shall be incarcerated for the remainder 
     of the sentence of imprisonment which was pending at the time 
     of deportation without any reduction for parole or supervised 
     release unless the alien affirmatively demonstrates that the 
     Secretary of Homeland Security has expressly consented to the 
     alien's reentry. Such alien shall be subject to such other 
     penalties relating to the reentry of removed aliens as may be 
     available under this section or any other provision of law.
       ``(h) Definitions.--For purposes of this section and 
     section 275, the following definitions shall apply:
       ``(1) Crosses the border to the united states.--The term 
     `crosses the border' refers to the physical act of crossing 
     the border, regardless of whether the alien is free from 
     official restraint.
       ``(2) Felony.--The term `felony' means any criminal offense 
     punishable by a term of imprisonment of more than 1 year 
     under the laws of the United States, any State, or a foreign 
     government.
       ``(3) Misdemeanor.--The term `misdemeanor' means any 
     criminal offense punishable by a term of imprisonment of not 
     more than 1 year under the applicable laws of the United 
     States, any State, or a foreign government.
       ``(4) Removal.--The term `removal' includes any denial of 
     admission, exclusion, deportation, or removal, or any 
     agreement by which an alien stipulates or agrees to 
     exclusion, deportation, or removal.
       ``(5) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.

     SEC. 3745. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD 
                   OFFENSES.

       Chapter 75 of title 18, United States Code, is amended to 
     read as follows:

                   ``CHAPTER 75--PASSPORTS AND VISAS

``Sec.
``1541. Issuance without authority.
``1542. False statement in application and use of passport.
``1543. Forgery or false use of passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Attempts and conspiracies.
``1548. Alternative penalties for certain offenses.
``1549. Definitions.

     ``Sec. 1541. Issuance without authority

       ``(a) In General.--Whoever--
       ``(1) acting or claiming to act in any office or capacity 
     under the United States, or a State, without lawful authority 
     grants, issues, or verifies any passport or other instrument 
     in the nature of a passport to or for any person; or
       ``(2) being a consular officer authorized to grant, issue, 
     or verify passports, knowingly grants, issues, or verifies 
     any such passport to or for any person not owing allegiance, 
     to the United States, whether a citizen or not;
     shall be fined under this title or imprisoned not more than 
     15 years, or both.
       ``(b) Definition.--In this section, the term `State' means 
     a State of the United States, the District of Columbia, and 
     any commonwealth, territory, or possession of the United 
     States.

     ``Sec. 1542. False statement in application and use of 
       passport

       ``Whoever knowingly--
       ``(1) makes any false statement in an application for 
     passport with intent to induce or secure the issuance of a 
     passport under the authority of the United States, either for 
     his own use or the use of another, contrary to the laws 
     regulating the issuance of passports or the rules prescribed 
     pursuant to such laws; or
       ``(2) uses or attempts to use, or furnishes to another for 
     use any passport the issue of which was secured in any way by 
     reason of any false statement;
     shall be fined under this title or imprisoned not more than 
     15 years, or both.

     ``Sec. 1543. Forgery or false use of passport

       ``Whoever--
       ``(1) falsely makes, forges, counterfeits, mutilates, or 
     alters any passport or instrument purporting to be a 
     passport, with intent that the same may be used; or
       ``(2) knowingly uses, or attempts to use, or furnishes to 
     another for use any such false, forged, counterfeited, 
     mutilated, or altered passport or instrument purporting to be 
     a passport, or any passport validly issued which has become 
     void by the occurrence of any condition therein prescribed 
     invalidating the same;
     shall be fined under this title or imprisoned not more than 
     15 years, or both.

     ``Sec. 1544. Misuse of a passport

       ``Whoever knowingly--
       ``(1) uses any passport issued or designed for the use of 
     another;
       ``(2) uses any passport in violation of the conditions or 
     restrictions therein contained, or in violation of the laws, 
     regulations, or rules governing the issuance and use of the 
     passport;
       ``(3) secures, possesses, uses, receives, buys, sells, or 
     distributes any passport knowing it to be forged, 
     counterfeited, altered, falsely made, procured by fraud, 
     stolen, or produced or issued without lawful authority; or
       ``(4) violates the terms and conditions of any safe conduct 
     duly obtained and issued under the authority of the United 
     States;
     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1545. Schemes to defraud aliens

       ``Whoever inside the United States, or in or affecting 
     interstate or foreign commerce, in connection with any matter 
     that is authorized by or arises under the immigration laws of 
     the United States or any matter the offender claims or 
     represents is authorized by or arises under the immigration 
     laws of the United States, knowingly executes a scheme or 
     artifice--
       ``(1) to defraud any person, or
       ``(2) to obtain or receive money or anything else of value 
     from any person by means of false or fraudulent pretenses, 
     representations, or promises;
     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1546. Immigration and visa fraud

       ``Whoever knowingly--
       ``(1) uses any immigration document issued or designed for 
     the use of another;
       ``(2) forges, counterfeits, alters, or falsely makes any 
     immigration document;
       ``(3) mails, prepares, presents, or signs any immigration 
     document knowing it to contain any materially false statement 
     or representation;
       ``(4) secures, possesses, uses, transfers, receives, buys, 
     sells, or distributes any immigration document knowing it to 
     be forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority;
       ``(5) adopts or uses a false or fictitious name to evade or 
     to attempt to evade the immigration laws;
       ``(6) transfers or furnishes, without lawful authority, an 
     immigration document to another person for use by a person 
     other than the person for whom the immigration document was 
     issued or designed; or
       ``(7) produces, issues, authorizes, or verifies, without 
     lawful authority, an immigration document;
     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1547. Attempts and conspiracies

       ``Whoever attempts or conspires to violate this chapter 
     shall be punished in the same manner as a person who 
     completes that violation.

     ``Sec. 1548. Alternative penalties for certain offenses

       ``(a) Terrorism.--Whoever violates any section in this 
     chapter to facilitate an act of

[[Page S5069]]

     international terrorism or domestic terrorism (as such terms 
     are defined in section 2331), shall be fined under this title 
     or imprisoned not more than 25 years, or both.
       ``(b) Drug Trafficking Offenses.--Whoever violates any 
     section in this chapter to facilitate a drug trafficking 
     crime (as defined in section 929(a)) shall be fined under 
     this title or imprisoned not more than 20 years, or both.

     ``Sec. 1549. Definitions

       ``In this chapter:
       ``(1) An `application for a United States passport' 
     includes any document, photograph, or other piece of evidence 
     attached to or submitted in support of the application.
       ``(2) The term `immigration document' means any instrument 
     on which is recorded, by means of letters, figures, or marks, 
     matters which may be used to fulfill any requirement of the 
     Immigration and Nationality Act.''.

     SEC. 3746. FORFEITURE.

       Section 981(a)(1) of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(I) Any property, real or personal, that has been used to 
     commit or facilitate the commission of a violation of chapter 
     75, the gross proceeds of such violation, and any property 
     traceable to any such property or proceeds.''.

     SEC. 3747. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON 
                   CRIMINAL OR SECURITY GROUNDS.

       (a) In General.--Section 238(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1228(b)) is amended-
       (1) in paragraph (1)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security in the exercise of 
     discretion''; and
       (B) by striking ``set forth in this subsection or'' and 
     inserting ``set forth in this subsection, in lieu of removal 
     proceedings under'';
       (2) in paragraph (3), by striking ``paragraph (1) until 14 
     calendar days'' and inserting ``paragraph (1) or (3) until 7 
     calendar days'';
       (3) by striking ``Attorney General'' each place it appears 
     in paragraphs (3) and (4) and inserting ``Secretary of 
     Homeland Security'';
       (4) in paragraph (5)--
       (A) by striking ``described in this section'' and inserting 
     ``described in paragraph (1) or (2)''; and
       (B) by striking ``the Attorney General may grant in the 
     Attorney General's discretion'' and inserting ``the Secretary 
     of Homeland Security or the Attorney General may grant, in 
     the discretion of the Secretary or Attorney General, in any 
     proceeding'';
       (5) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (6) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) The Secretary of Homeland Security in the exercise of 
     discretion may determine inadmissibility under section 
     212(a)(2) (relating to criminal offenses) and issue an order 
     of removal pursuant to the procedures set forth in this 
     subsection, in lieu of removal proceedings under section 240, 
     with respect to an alien who
       ``(A) has not been admitted or paroled;
       ``(B) has not been found to have a credible fear of 
     persecution pursuant to the procedures set forth in section 
     235(b)(1)(B); and
       ``(C) is not eligible for a waiver of inadmissibility or 
     relief from removal.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     but shall not apply to aliens who are in removal proceedings 
     under section 240 of the Immigration and Nationality Act as 
     of such date.

     SEC. 3748. INCREASED PENALTIES BARRING THE ADMISSION OF 
                   CONVICTED SEX OFFENDERS FAILING TO REGISTER AND 
                   REQUIRING DEPORTATION OF SEX OFFENDERS FAILING 
                   TO REGISTER.

       (a) Inadmissibility.--Section 212(a)(2)(A)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)), 
     as amended by section 302(a) of this Act, is further 
     amended--
       (1) in subclause (II), by striking ``or'' at the end;
       (2) in subclause (III), by adding ``or'' at the end; and
       (3) by inserting after subclause (III) the following:

       ``(IV) a violation of section 2250 of title 18, United 
     States Code (relating to failure to register as a sex 
     offender);''.

       (b) Deportability.--Section 237(a)(2) of such Act (8 U.S.C. 
     1227(a)(2)), as amended by sections 302(c) and 311(c) of this 
     Act, is further amended--
       (1) in subparagraph (A), by striking clause (v); and
       (2) by adding at the end the following:
       ``(I) Any alien convicted of, or who admits having 
     committed, or who admits committing acts which constitute the 
     essential elements of a violation of section 2250 of title 
     18, United States Code (relating to failure to register as a 
     sex offender) is deportable.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur before, on, or after the 
     date of the enactment of this Act.

     SEC. 3749. PROTECTING IMMIGRANTS FROM CONVICTED SEX 
                   OFFENDERS.

       (a) Immigrants.--Section 204(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)), is amended--
       (1) in subparagraph (A), by amending clause (viii) to read 
     as follows:
       ``(viii) Clause (i) shall not apply to a citizen of the 
     United States who has been convicted of an offense described 
     in subparagraph (A), (I), or (K) of section 101(a)(43), 
     unless the Secretary of Homeland Security, in the Secretary's 
     sole and unreviewable discretion, determines that the citizen 
     poses no risk to the alien with respect to whom a petition 
     described in clause (i) is filed.''; and
       (2) in subparagraph (B)(i)--
       (A) by redesignating the second subclause (I) as subclause 
     (II); and
       (B) by amending such subclause (II) to read as follows:
       ``(II) Subclause (I) shall not apply in the case of an 
     alien admitted for permanent residence who has been convicted 
     of an offense described in subparagraph (A), (I), or (K) of 
     section 101(a)(43), unless the Secretary of Homeland 
     Security, in the Secretary's sole and unreviewable 
     discretion, determines that the alien lawfully admitted for 
     permanent residence poses no risk to the alien with respect 
     to whom a petition described in subclause (I) is filed.''.
       (b) Nonimmigrants.--Section 101(a)(15)(K) of such Act (8 
     U.S.C. 1101(a)(15)(K)), is amended by striking 
     ``204(a)(1)(A)(viii)(I))'' each place such term appears and 
     inserting ``204(a)(1)(A)(viii))''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to petitions filed on or after such date.

     SEC. 3750. CLARIFICATION TO CRIMES OF VIOLENCE AND CRIMES 
                   INVOLVING MORAL TURPITUDE.

       (a) Inadmissible Aliens.--Section 212(a)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)) is 
     amended by adding at the end the following:
       ``(iii) Clarification.--If the conviction records do not 
     conclusively establish whether a crime constitutes a crime 
     involving moral turpitude, the Attorney General may consider 
     other evidence related to the conviction that clearly 
     establishes that the conduct for which the alien was engaged 
     constitutes a crime involving moral turpitude.''.
       (b) Deportable Aliens.--
       (1) General crimes.--Section 237(a)(2)(A) of such Act (8 
     U.S.C. 1227(a)(2)(A)), as amended by section 320(b) of this 
     Act, is further amended by inserting after clause (iv) the 
     following:
       ``(v) Crimes involving moral turpitude.--If the conviction 
     records do not conclusively establish whether a crime 
     constitutes a crime involving moral turpitude, the Attorney 
     General may consider other evidence related to the conviction 
     that clearly establishes that the conduct for which the alien 
     was engaged constitutes a crime involving moral turpitude.''.
       (2) Domestic violence.--Section 237(a)(2)(E) of such Act (8 
     U.S.C. 1227(a)(2)(E)) is amended by adding at the end the 
     following:
       ``(iii) Crimes of violence.--If the conviction records do 
     not conclusively establish whether a crime of domestic 
     violence constitutes a crime of violence (as defined in 
     section 16 of title 18, United States Code), the Attorney 
     General may consider other evidence related to the conviction 
     that clearly establishes that the conduct for which the alien 
     was engaged constitutes a crime of violence.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur before, on, or after the 
     date of the enactment of this Act.

     SEC. 3751. PENALTIES FOR FAILURE TO OBEY REMOVAL ORDERS.

       (a) In General.--Section 243(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1253(a)(1)) is amended--
       (1) by inserting ``212(a) or'' before ``237(a),'' ; and
       (2) by striking paragraph (3).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that are described in subparagraphs 
     (A) through (D) of section 243(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1253(a)(1)) that occur on or after 
     the date of the enactment of this Act.

     SEC. 3752. PARDONS.

       (a) Definition.--Section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)), as amended by section 
     311(a) of this Act, is further amended by adding at the end 
     the following:
       ``(54) The term `pardon' means a full and unconditional 
     pardon granted by the President of the United States, 
     Governor of any of the several States or constitutionally 
     recognized body.''.
       (b) Deportability.--Section 237(a) of such Act (8 U.S.C. 
     1227(a)) is amended--
       (1) in paragraph (2)(A), by striking clause (vi); and
       (2) by adding at the end the following:
       ``(8) Pardons.--
       ``(A) In general.--In the case of an alien who has been 
     convicted of a crime and is subject to removal due to that 
     conviction, if the alien, subsequent to receiving the 
     criminal conviction, is granted a pardon, the alien shall not 
     be deportable by reason of that criminal conviction.
       ``(B) Exception.--Subparagraph (A) shall not apply in the 
     case of an alien granted a pardon if the pardon is granted in 
     whole or in part to eliminate that alien's condition of 
     deportability.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall

[[Page S5070]]

     apply to a pardon granted before, on, or after such date.

  CHAPTER 4--AID TO U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICERS

     SEC. 3761. ICE IMMIGRATION ENFORCEMENT AGENTS.

       (a) In General.--The Secretary shall authorize all 
     immigration enforcement agents and deportation officers of 
     the Department who have successfully completed basic 
     immigration law enforcement training to exercise the powers 
     conferred by--
       (1) section 287(a)(5)(A) of the Immigration and Nationality 
     Act to arrest for any offense against the United States;
       (2) section 287(a)(5)(B) of such Act to arrest for any 
     felony;
       (3) section 274(a) of such Act to arrest for bringing in, 
     transporting, or harboring certain aliens, or inducing them 
     to enter;
       (4) section 287(a) of such Act to execute warrants of 
     arrest for administrative immigration violations issued under 
     section 236 of the Act or to execute warrants of criminal 
     arrest issued under the authority of the United States; and
       (5) section 287(a) of such Act to carry firearms, provided 
     that they are individually qualified by training and 
     experience to handle and safely operate the firearms they are 
     permitted to carry, maintain proficiency in the use of such 
     firearms, and adhere to the provisions of the enforcement 
     standard governing the use of force.
       (b) Pay.--Immigration enforcement agents shall be paid on 
     the same scale as Immigration and Customs Enforcement 
     deportation officers and shall receive the same benefits.

     SEC. 3762. ICE DETENTION ENFORCEMENT OFFICERS.

       (a) Authorization.--The Secretary is authorized to hire 
     2,500 Immigration and Customs Enforcement detention 
     enforcement officers.
       (b) Duties.--Immigration and Customs Enforcement detention 
     enforcement officers who have successfully completed 
     detention enforcement officers' basic training shall be 
     responsible for--
       (1) taking and maintaining custody of any person who has 
     been arrested by an immigration officer;
       (2) transporting and guarding immigration detainees;
       (3) securing Department detention facilities; and
       (4) assisting in the processing of detainees.

     SEC. 3763. ENSURING THE SAFETY OF ICE OFFICERS AND AGENTS.

       (a) Body Armor.--The Secretary shall ensure that every 
     Immigration and Customs Enforcement deportation officer and 
     immigration enforcement agent on duty is issued high-quality 
     body armor that is appropriate for the climate and risks 
     faced by the agent. Enough body armor must be purchased to 
     cover every agent in the field.
       (b) Weapons.--Such Secretary shall ensure that Immigration 
     and Customs Enforcement deportation officers and immigration 
     enforcement agents are equipped with weapons that are 
     reliable and effective to protect themselves, their fellow 
     agents, and innocent third parties from the threats posed by 
     armed criminals. Such weapons shall include, at a minimum, 
     standard-issue handguns, M-4 (or equivalent) rifles, and 
     Tasers.
       (c) Effective Date.--This section shall take effect 90 days 
     after the date of the enactment of this Act.

     SEC. 3764. ICE ADVISORY COUNCIL.

       (a) Establishment.--An ICE Advisory Council shall be 
     established not later than 3 months after the date of the 
     enactment of this Act.
       (b) Membership.--The ICE Advisory Council shall be 
     comprised of 7 members.
       (c) Appointment.--Members shall to be appointed in the 
     following manner:
       (1) One member shall be appointed by the President;
       (2) One member shall be appointed by the Chairman of the 
     Judiciary Committee of the House of Representatives;
       (3) One member shall be appointed by the Chairman of the 
     Judiciary Committee of the Senate;
       (4) One member shall be appointed by the Local 511, the ICE 
     prosecutor's union; and
       (5) Three members shall be appointed by the National 
     Immigration and Customs Enforcement Council.
       (d) Term.--Members shall serve renewable, 2-year terms.
       (e) Voluntary.--Membership shall be voluntary and non-
     remunerated, except that members will receive reimbursement 
     from the Secretary for travel and other related expenses.
       (f) Retaliation Protection.--Members who are employed by 
     the Secretary shall be protected from retaliation by their 
     supervisors, managers, and other Department employees for 
     their participation on the Council.
       (g) Purpose.--The purpose of the Council is to advise 
     Congress and the Secretary on issues including the following:
       (1) The current status of immigration enforcement efforts, 
     including prosecutions and removals, the effectiveness of 
     such efforts, and how enforcement could be improved;
       (2) The effectiveness of cooperative efforts between the 
     Secretary and other law enforcement agencies, including 
     additional types of enforcement activities that the Secretary 
     should be engaged in, such as State and local criminal task 
     forces;
       (3) Personnel, equipment, and other resource needs of field 
     personnel;
       (4) Improvements that should be made to the organizational 
     structure of the Department, including whether the position 
     of immigration enforcement agent should be merged into the 
     deportation officer position; and
       (5) The effectiveness of specific enforcement policies and 
     regulations promulgated by the Secretary, and whether other 
     enforcement priorities should be considered.
       (h) Reports.--The Council shall provide quarterly reports 
     to the Chairmen and Ranking Members of the Judiciary 
     Committees of the Senate and the House of Representatives and 
     to the Secretary. The Council members shall meet directly 
     with the Chairmen and Ranking Members (or their designated 
     representatives) and with the Secretary to discuss their 
     reports every 6 months.

     SEC. 3765. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.

       (a) In General.--The Secretary shall establish a pilot 
     program in at least five of the 10 Immigration and Customs 
     Enforcement field offices with the largest removal caseloads 
     to allow Immigration and Customs deportation officers and 
     immigration enforcement agents to--
       (1) electronically process and serve charging documents, 
     including Notices to Appear, while in the field; and
       (2) electronically process and place detainers while in the 
     field.
       (b) Duties.--The pilot program described in subsection (a) 
     shall be designed to allow deportation officers and 
     immigration enforcement agents to use handheld or vehicle-
     mounted computers to--
       (1) enter any required data, including personal information 
     about the alien subject and the reason for issuing the 
     document;
       (2) apply the electronic signature of the issuing officer 
     or agent;
       (3) set the date the alien is required to appear before an 
     immigration judge, in the case of Notices to Appear;
       (4) print any documents the alien subject may be required 
     to sign, along with additional copies of documents to be 
     served on the alien; and
       (5) interface with the ENFORCE database so that all data is 
     stored and retrievable.
       (c) Construction.--The pilot program described in 
     subsection (a) shall be designed to replace, to the extent 
     possible, the current paperwork and data-entry process used 
     for issuing such charging documents and detainers.
       (d) Deadline.--The Secretary shall initiate the pilot 
     program described in subsection (a) within 6 months of the 
     date of enactment of this Act.
       (e) Report.--The Government Accountability Office shall 
     report to the Judiciary Committee of the Senate and the House 
     of Representatives no later than 18 months after the date of 
     enactment of this Act on the effectiveness of the pilot 
     program and provide recommendations for improving it.
       (f) Advisory Council.--The ICE Advisory Council established 
     by section 3764 shall include an recommendations on how the 
     pilot program should work in the first quarterly report of 
     the Council, and shall include assessments of the program and 
     recommendations for improvement in each subsequent report.
       (g) Effective Date.--This section shall take effect 180 
     days after the date of the enactment of this Act.

     SEC. 3766. ADDITIONAL ICE DEPORTATION OFFICERS AND SUPPORT 
                   STAFF.

       (a) In General.--The Secretary shall, subject to the 
     availability of appropriations for such purpose, increase the 
     number of positions for full-time active-duty Immigration and 
     Customs Enforcement deportation officers by 5,000 above the 
     number of full-time positions for which funds were 
     appropriated for fiscal year 2013.
       (b) Support Staff.--The Secretary shall, subject to the 
     availability of appropriations for such purpose, increase the 
     number of positions for full-time support staff for 
     Immigration and Customs Enforcement deportation officers by 
     700 above the number of full-time positions for which funds 
     were appropriated for fiscal year 2013.

     SEC. 3767. ADDITIONAL ICE PROSECUTORS.

       The Secretary shall increase by 60 the number of full-time 
     trial attorneys working for the Immigration and Customs 
     Enforcement Office of the Principal Legal Advisor.

            CHAPTER 5--MISCELLANEOUS ENFORCEMENT PROVISIONS

     SEC. 3771. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

       (a) In General.--Section 240B of the Immigration and 
     Nationality Act (8 U.S.C. 1229c) is amended--
       (1) in subsection (a)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Instead of removal proceedings.--If an alien is not 
     described in paragraph (2)(A)(iii) or (4) of section 237(a), 
     the Secretary of Homeland Security may permit the alien to 
     voluntarily depart the United States at the alien's own 
     expense under this subsection instead of being subject to 
     proceedings under section 240.'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraph (2) as paragraph (3);
       (D) by adding after paragraph (1) the following:
       ``(2) Before the conclusion of removal proceedings.--If an 
     alien is not described in paragraph (2)(A)(iii) or (4) of 
     section 237(a), the Attorney General may permit the alien

[[Page S5071]]

     to voluntarily depart the United States at the alien's own 
     expense under this subsection after the initiation of removal 
     proceedings under section 240 and before the conclusion of 
     such proceedings before an immigration judge.'';
       (E) in paragraph (3), as redesignated--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) Instead of removal.--Subject to subparagraph (C), 
     permission to voluntarily depart under paragraph (1) shall 
     not be valid for any period in excess of 120 days. The 
     Secretary may require an alien permitted to voluntarily 
     depart under paragraph (1) to post a voluntary departure 
     bond, to be surrendered upon proof that the alien has 
     departed the United States within the time specified.'';
       (ii) by redesignating subparagraphs (B), (C), and (D) as 
     paragraphs (C), (D), and (E), respectively;
       (iii) by adding after subparagraph (A) the following:
       ``(B) Before the conclusion of removal proceedings.--
     Permission to voluntarily depart under paragraph (2) shall 
     not be valid for any period in excess of 60 days, and may be 
     granted only after a finding that the alien has the means to 
     depart the United States and intends to do so. An alien 
     permitted to voluntarily depart under paragraph (2) shall 
     post a voluntary departure bond, in an amount necessary to 
     ensure that the alien will depart, to be surrendered upon 
     proof that the alien has departed the United States within 
     the time specified. An immigration judge may waive the 
     requirement to post a voluntary departure bond in individual 
     cases upon a finding that the alien has presented compelling 
     evidence that the posting of a bond will pose a serious 
     financial hardship and the alien has presented credible 
     evidence that such a bond is unnecessary to guarantee timely 
     departure.''.
       (iv) in subparagraph (C), as redesignated, by striking 
     ``subparagraphs (C) and(D)(ii)'' and inserting 
     ``subparagraphs (D) and (E)(ii)'';
       (v) in subparagraph (D), as redesignated, by striking 
     ``subparagraph (B)'' each place that term appears and 
     inserting ``subparagraph (C)'';
       (vi) in subparagraph (E), as redesignated, by striking 
     ``subparagraph (B)'' each place that term appears and 
     inserting ``subparagraph (C)'';
       (F) in paragraph (4), by striking ``paragraph (1)'' and 
     inserting ``paragraphs (1) and (2)'';
       (2) in subsection (b)(2), by striking ``a period exceeding 
     60 days'' and inserting ``any period in excess of 45 days'';
       (3) by amending subsection (c) to read as follows:
       ``(c) Conditions on Voluntary Departure.--
       ``(1) Voluntary departure agreement.--Voluntary departure 
     may only be granted as part of an affirmative agreement by 
     the alien. A voluntary departure agreement under subsection 
     (b) shall include a waiver of the right to any further 
     motion, appeal, application, petition, or petition for review 
     relating to removal or relief or protection from removal.
       ``(2) Concessions by the secretary.--In connection with the 
     alien's agreement to depart voluntarily under paragraph (1), 
     the Secretary of Homeland Security may agree to a reduction 
     in the period of inadmissibility under subparagraph (A) or 
     (B)(i) of section 212(a)(9).
       ``(3) Advisals.--Agreements relating to voluntary departure 
     granted during removal proceedings under section 240, or at 
     the conclusion of such proceedings, shall be presented on the 
     record before the immigration judge. The immigration judge 
     shall advise the alien of the consequences of a voluntary 
     departure agreement before accepting such agreement.
       ``(4) Failure to comply with agreement.--
       ``(A) In general.--If an alien agrees to voluntary 
     departure under this section and fails to depart the United 
     States within the time allowed for voluntary departure or 
     fails to comply with any other terms of the agreement 
     (including failure to timely post any required bond), the 
     alien is--
       ``(i) ineligible for the benefits of the agreement;
       ``(ii) subject to the penalties described in subsection 
     (d); and
       ``(iii) subject to an alternate order of removal if 
     voluntary departure was granted under subsection (a)(2) or 
     (b).
       ``(B) Effect of filing timely appeal.--If, after agreeing 
     to voluntary departure, the alien files a timely appeal of 
     the immigration judge's decision granting voluntary 
     departure, the alien may pursue the appeal instead of the 
     voluntary departure agreement. Such appeal operates to void 
     the alien's voluntary departure agreement and the 
     consequences of such agreement, but precludes the alien from 
     another grant of voluntary departure while the alien remains 
     in the United States.
       ``(5) Voluntary departure period not affected.--Except as 
     expressly agreed to by the Secretary in writing in the 
     exercise of the Secretary's discretion before the expiration 
     of the period allowed for voluntary departure, no motion, 
     appeal, application, petition, or petition for review shall 
     affect, reinstate, enjoin, delay, stay, or toll the alien's 
     obligation to depart from the United States during the period 
     agreed to by the alien and the Secretary.'';
       (4) by amending subsection (d) to read as follows:
       ``(d) Penalties for Failure to Depart.--If an alien is 
     permitted to voluntarily depart under this section and fails 
     to voluntarily depart from the United States within the time 
     period specified or otherwise violates the terms of a 
     voluntary departure agreement, the alien will be subject to 
     the following penalties:
       ``(1) Civil penalty.--The alien shall be liable for a civil 
     penalty of $3,000. The order allowing voluntary departure 
     shall specify the amount of the penalty, which shall be 
     acknowledged by the alien on the record. If the Secretary 
     thereafter establishes that the alien failed to depart 
     voluntarily within the time allowed, no further procedure 
     will be necessary to establish the amount of the penalty, and 
     the Secretary may collect the civil penalty at any time 
     thereafter and by whatever means provided by law. An alien 
     will be ineligible for any benefits under this chapter until 
     this civil penalty is paid.
       ``(2) Ineligibility for relief.--The alien shall be 
     ineligible during the time the alien remains in the United 
     States and for a period of 10 years after the alien's 
     departure for any further relief under this section and 
     sections 240A, 245, 248, and 249. The order permitting the 
     alien to depart voluntarily shall inform the alien of the 
     penalties under this subsection.
       ``(3) Reopening.--The alien shall be ineligible to reopen 
     the final order of removal that took effect upon the alien's 
     failure to depart, or upon the alien's other violations of 
     the conditions for voluntary departure, during the period 
     described in paragraph (2). This paragraph does not preclude 
     a motion to reopen to seek withholding of removal under 
     section 241(b)(3) or protection against torture, if the 
     motion--
       ``(A) presents material evidence of changed country 
     conditions arising after the date of the order granting 
     voluntary departure in the country to which the alien would 
     be removed; and
       ``(B) makes a sufficient showing to the satisfaction of the 
     Attorney General that the alien is otherwise eligible for 
     such protection.''; and
       (5) by amending subsection (e) to read as follows:
       ``(e) Eligibility.--
       ``(1) Prior grant of voluntary departure.--An alien shall 
     not be permitted to voluntarily depart under this section if 
     the Secretary of Homeland Security or the Attorney General 
     previously permitted the alien to depart voluntarily.
       ``(2) Rulemaking.--The Secretary may promulgate regulations 
     to limit eligibility or impose additional conditions for 
     voluntary departure under subsection (a)(1) for any class of 
     aliens. The Secretary or Attorney General may by regulation 
     limit eligibility or impose additional conditions for 
     voluntary departure under subsections (a)(2) or (b) of this 
     section for any class or classes of aliens.''.
       (6) in subsection (f), by adding at the end the following: 
     ``Notwithstanding section 242(a)(2)(D) of this Act, sections 
     1361, 1651, and 2241 of title 28, United States Code, any 
     other habeas corpus provision, and any other provision of law 
     (statutory or nonstatutory), no court shall have jurisdiction 
     to affect, reinstate, enjoin, delay, stay, or toll the period 
     allowed for voluntary departure under this section.''.
       (b) Rulemaking.--The Secretary shall within one year of the 
     date of enactment of this Act promulgate regulations to 
     provide for the imposition and collection of penalties for 
     failure to depart under section 240B(d) of the Immigration 
     and Nationality Act (8 U.S.C. 1229c(d)).
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply with respect to 
     all orders granting voluntary departure under section 240B of 
     the Immigration and Nationality Act (8 U.S.C. 1229c) made on 
     or after the date that is 180 days after the enactment of 
     this Act.
       (2) Exception.--The amendment made by subsection (a)(6) 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to any petition for review which 
     is filed on or after such date.

     SEC. 3772. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN 
                   THE UNITED STATES UNLAWFULLY.

       (a) Inadmissible Aliens.--Section 212(a)(9)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(A)) is 
     amended--
       (1) in clause (i), by striking ``seeks admission within 5 
     years of the date of such removal (or within 20 years'' and 
     inserting ``seeks admission not later than 5 years after the 
     date of the alien's removal (or not later than 20 years after 
     the alien's removal''; and
       (2) in clause (ii), by striking ``seeks admission within 10 
     years of the date of such alien's departure or removal (or 
     within 20 years of'' and inserting ``seeks admission not 
     later than 10 years after the date of the alien's departure 
     or removal (or not later than 20 years after''.
       (b) Bar on Discretionary Relief.--Section 274D of such Act 
     (8 U.S.C. 324d) is amended--
       (1) in subsection (a), by striking ``Commissioner'' and 
     inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(c) Ineligibility for Relief.--
       ``(1) In general.--Unless a timely motion to reopen is 
     granted under section 240(c)(6), an alien described in 
     subsection (a) shall be ineligible for any discretionary 
     relief from removal (including cancellation of removal

[[Page S5072]]

     and adjustment of status) during the time the alien remains 
     in the United States and for a period of 10 years after the 
     alien's departure from the United States.
       ``(2) Savings provision.--Nothing in paragraph (1) shall 
     preclude a motion to reopen to seek withholding of removal 
     under section 241(b)(3) or protection against torture, if the 
     motion--
       ``(A) presents material evidence of changed country 
     conditions arising after the date of the final order of 
     removal in the country to which the alien would be removed; 
     and
       ``(B) makes a sufficient showing to the satisfaction of the 
     Attorney General that the alien is otherwise eligible for 
     such protection.''.
       (c) Effective Dates.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     with respect to aliens who are subject to a final order of 
     removal entered before, on, or after such date.

     SEC. 3773. REINSTATEMENT OF REMOVAL ORDERS.

       (a) In General.--Section 241(a)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as 
     follows:
       ``(5) Reinstatement of removal orders against aliens 
     illegally reentering.--If the Secretary of Homeland Security 
     finds that an alien has entered the United States illegally 
     after having been removed, deported, or excluded or having 
     departed voluntarily, under an order of removal, deportation, 
     or exclusion, regardless of the date of the original order or 
     the date of the illegal entry--
       ``(A) the order of removal, deportation, or exclusion is 
     reinstated from its original date and is not subject to being 
     reopened or reviewed notwithstanding section 242(a)(2)(D);
       ``(B) the alien is not eligible and may not apply for any 
     relief under this Act, regardless of the date that an 
     application or request for such relief may have been filed or 
     made; and
       ``(C) the alien shall be removed under the order of 
     removal, deportation, or exclusion at any time after the 
     illegal entry.
     Reinstatement under this paragraph shall not require 
     proceedings under section 240 or other proceedings before an 
     immigration judge''.
       (b) Judicial Review.--Section 242 of the Immigration and 
     Nationality Act (8 U.S.C. 1252) is amended by adding at the 
     end the following:
       ``(h) Judicial Review of Reinstatement Under Section 
     241(a)(5).--
       ``(1) Review of reinstatement.--Judicial review of 
     determinations under section 241(a)(5) is available in an 
     action under subsection (a).
       ``(2) No review of original order.--Notwithstanding any 
     other provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, any other 
     habeas corpus provision, or sections 1361 and 1651 of such 
     title, no court shall have jurisdiction to review any cause 
     or claim, arising from, or relating to, any challenge to the 
     original order.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect as if enacted on April 1, 1997, and 
     shall apply to all orders reinstated or after that date by 
     the Secretary (or by the Attorney General prior to March 1, 
     2003), regardless of the date of the original order.

     SEC. 3774. CLARIFICATION WITH RESPECT TO DEFINITION OF 
                   ADMISSION.

       Section 101(a)(13)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(13)(A)) is amended by adding at the end 
     the following: ``An alien's adjustment of status to that of 
     lawful permanent resident status under any provision of this 
     Act, or under any other provision of law, shall be considered 
     an `admission' for any purpose under this Act, even if the 
     adjustment of status occurred while the alien was present in 
     the United States.''.

     SEC. 3775. REPORTS TO CONGRESS ON THE EXERCISE AND ABUSE OF 
                   PROSECUTORIAL DISCRETION.

       (a) In General.--Not later than 180 days after the end of 
     each fiscal year, the Secretary and the Attorney General 
     shall each provide to the Committees on the Judiciary of the 
     House of Representatives and of the Senate a report on the 
     following:
       (1) Aliens apprehended or arrested by State or local law 
     enforcement agencies who were identified by the Department in 
     the previous fiscal year and for whom the Department did not 
     issue detainers and did not take into custody despite the 
     Department's findings that the aliens were inadmissible or 
     deportable.
       (2) Aliens who were applicants for admission in the 
     previous fiscal year but not clearly and beyond a doubt 
     entitled to be admitted by an immigration officer and who 
     were not detained as required pursuant to section 
     235(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(2)(A)).
       (3) Aliens who in the previous fiscal year were found by 
     Department officials performing duties related to the 
     adjudication of applications for immigration benefits or the 
     enforcement of the immigration laws to be inadmissible or 
     deportable who were not issued notices to appear pursuant to 
     section 239 of such Act (8 U.S.C. 1229) or placed into 
     removal proceedings pursuant to section 240 (8 U.S.C. 1229a), 
     unless the aliens were placed into expedited removal 
     proceedings pursuant to section 235(b)(1)(A)(i) (8 U.S.C. 
     1225(b)(1)(A)(5)) or section 238 (8 U.S.C. 1228), were 
     granted voluntary departure pursuant to section 240B, were 
     granted relief from removal pursuant to statute, were granted 
     legal nonimmigrant or immigrant status pursuant to statute, 
     or were determined not to be inadmissible or deportable.
       (4) Aliens issued notices to appear that were cancelled in 
     the previous fiscal year despite the Department's findings 
     that the aliens were inadmissible or deportable, unless the 
     aliens were granted relief from removal pursuant to statute, 
     were granted voluntary departure pursuant to section 240B of 
     such Act (8 U.S.C. 1229c), or were granted legal nonimmigrant 
     or immigrant status pursuant to statute.
       (5) Aliens who were placed into removal proceedings, whose 
     removal proceedings were terminated in the previous fiscal 
     year prior to their conclusion, unless the aliens were 
     granted relief from removal pursuant to statute, were granted 
     voluntary departure pursuant to section 240B, were granted 
     legal nonimmigrant or immigrant status pursuant to statute, 
     or were determined not to be inadmissible or deportable.
       (6) Aliens granted parole pursuant to section 212(d)(5)(A) 
     of such Act (8 U.S.C. 1182(d)(5)(A)).
       (7) Aliens granted deferred action, extended voluntary 
     departure or any other type of relief from removal not 
     specified in the Immigration and Nationality Act or where 
     determined not to be inadmissible or deportable.
       (b) Contents of Report.--The report shall include a listing 
     of each alien described in each paragraph of subsection (a), 
     including when in the possession of the Department their 
     names, fingerprint identification numbers, alien registration 
     numbers, and reason why each was granted the type of 
     prosecutorial discretion received. The report shall also 
     include current criminal histories on each alien from the 
     Federal Bureau of Investigation.

       Strike section 4411 and insert the following:

     SEC. 4411. REQUIRING HEIGHTENED SCRUTINY OF APPLICATIONS FOR 
                   ADMISSION FROM PERSONS LISTED ON TERRORIST 
                   DATABASES.

       Section 222 (8 U.S.C. 1202), as amended by section 4410, is 
     further amended by adding at the end the following:
       ``(j) Requiring Heightened Scrutiny of Applications for 
     Admission From Persons Listed on Terrorist Databases.--
       ``(1) Requirement for biographic and biometric screening.--
     Notwithstanding any other provision of this Act, the 
     Secretary of State shall require every alien applying for 
     admission to the United States to submit to biographic and 
     biometric screening to determine whether the alien's name or 
     biometric information is listed in any terrorist watch list 
     or database maintained by any agency or department of the 
     United States.
       ``(2) Exclusions.--No alien applying for a visa to the 
     United States shall be granted such visa by a consular 
     officer if the alien's name or biometric information is 
     listed in any terrorist watch list or database referred to in 
     paragraph (1) unless--
       ``(A) screening of the alien's visa application against 
     interagency counterterrorism screening systems which compare 
     the applicant's information against data in all 
     counterterrorism watch lists and databases reveals no 
     potentially pertinent links to terrorism;
       ``(B) the consular officer submits the application for 
     further review to the Secretary of State and the heads of 
     other relevant agencies, including the Secretary of Homeland 
     Security and the Director of National Intelligence; and
       ``(C) the Secretary of State, after consultation with the 
     Secretary of Homeland Security, the Director of National 
     Intelligence, and the heads of other relevant agencies, 
     certifies that the alien is admissible to the United 
     States.''.

       Section 4412 is amended by striking ``Section 428'' and 
     insert the following:
       (a) Authority of the Secretary of Homeland Security and the 
     Secretary of State.--
       (1) In general.--Section 428 of the Homeland Security Act 
     of 2002 (6 U.S.C. 236) is amended by striking subsections (b) 
     and (c) and inserting the following:
       ``(b) Authority of the Secretary of Homeland Security.--
       ``(1) In general.--Notwithstanding section 104(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1104(a)) or any 
     other provision of law, and except as provided in subsection 
     (c) and except for the authority of the Secretary of State 
     under subparagraphs (A) and (G) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the 
     Secretary--
       ``(A) shall have exclusive authority to issue regulations, 
     establish policy, and administer and enforce the provisions 
     of the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.) and all other immigration or nationality laws relating 
     to the functions of consular officers of the United States in 
     connection with the granting and refusal of a visa; and
       ``(B) may refuse or revoke any visa to any alien or class 
     of aliens if the Secretary, or designee, determines that such 
     refusal or revocation is necessary or advisable in the 
     security interests of the United States.
       ``(2) Effect of revocation.--The revocation of any visa 
     under paragraph (1)(B)--
       ``(A) shall take effect immediately; and
       ``(B) shall automatically cancel any other valid visa that 
     is in the alien's possession.
       ``(3) Judicial review.--Notwithstanding any other provision 
     of law, including section

[[Page S5073]]

     2241 of title 28, United States Code, or any other habeas 
     corpus provision, and sections 1361 and 1651 of such title, 
     no court shall have jurisdiction to review a decision by the 
     Secretary of Homeland Security to refuse or revoke a visa, 
     and no court shall have jurisdiction to hear any claim 
     arising from, or any challenge to, such a refusal or 
     revocation.
       ``(c) Authority of the Secretary of State.--
       ``(1) In general.--The Secretary of State may direct a 
     consular officer to refuse a visa requested by an alien if 
     the Secretary of State determines such refusal to be 
     necessary or advisable in the interests of the United States.
       ``(2) Limitation.--No decision by the Secretary of State to 
     approve a visa may override a decision by the Secretary of 
     Homeland Security under subsection (b).''.
       (2) Conforming amendment.--Section 237(a)(1)(B) (8 U.S.C. 
     1227(a)(1)(B)) is amended by striking ``under section 
     221(i)''.
       (3) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to visa refusals and revocations occurring 
     before, on, or after such date.
       (b) Technical Corrections to the Homeland Security Act.--
     Section 428(a) of the Homeland Security Act of 2002 (6 U.S.C. 
     236) is amended by--
       (1) striking ``subsection'' and inserting ``section''; and
       (2) striking ``consular office'' and inserting ``consular 
     officer''.
       (c) Visa Revocation Information.--Section 428

       At the end of subtitle D of title IV, add the following:

     SEC. 4418. CANCELLATION OF ADDITIONAL VISAS.

       (a) In General.--Section 222(g) (8 U.S.C. 1202(g)) is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (B) by inserting ``and any other nonimmigrant visa issued 
     by the United States that is in the possession of the alien'' 
     after ``such visa''; and
       (2) in paragraph (2)(A), by striking ``(other than the visa 
     described in paragraph (1)) issued in a consular office 
     located in the country of the alien's nationality'' and 
     inserting ``(other than a visa described in paragraph (1)) 
     issued in a consular office located in the country of the 
     alien's nationality or foreign residence''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to a visa issued before, on, or after such 
     date.

     SEC. 4419. VISA INFORMATION SHARING.

       (a) In General.--Section 222(f) (8 U.S.C. 1202(f)(2)) is 
     amended--
       (1) by striking ``issuance or refusal'' and inserting 
     ``issuance, refusal, or revocation'';
       (2) in paragraph (2), by striking ``and on the basis of 
     reciprocity'';
       (3) in paragraph (2)(A)--
       (A) by inserting `` (i)'' after ``for the purpose of''; and
       (B) by striking ``illicit weapons; or'' and inserting 
     ``illicit weapons, or (ii) determining a person's 
     deportability or eligibility for a visa, admission, or other 
     immigration benefit;'';
       (4) in paragraph (2)(B)--
       (A) by striking ``for the purposes'' and inserting ``for 
     one of the purposes''; and
       (B) by striking ``or to deny visas to persons who would be 
     inadmissible to the United States'' and inserting ``; or''; 
     and
       (5) by adding before the period at the end the following:
       ``(C) with regard to any or all aliens in the database 
     specified data elements from each record, if the Secretary of 
     State determines that it is in the national interest to 
     provide such information to a foreign government.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect 60 days after the date of the enactment of 
     the Act.

     SEC. 4420. AUTHORIZING THE DEPARTMENT OF STATE TO NOT 
                   INTERVIEW CERTAIN INELIGIBLE VISA APPLICANTS.

       (a) In General.--Section 222(h)(1) (8 U.S.C. 1202(h)(1)) is 
     amended by inserting `` the alien is determined by the 
     Secretary of State to be ineligible for a visa based upon 
     review of the application or'' after ``unless''.
       (b) Guidance.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall issue 
     guidance to consular officers on the standards and processes 
     for implementing the authority to deny visa applications 
     without interview in cases where the alien is determined by 
     the Secretary of State to be ineligible for a visa based upon 
     review of the application.
       (c) Reports.--Not less frequently than once each quarter, 
     the Secretary of State shall submit to the Congress a report 
     on the denial of visa applications without interview, 
     including--
       (1) the number of such denials; and
       (2) a post-by-post breakdown of such denials.

     SEC. 4421. FUNDING FOR THE VISA SECURITY PROGRAM.

       (a) In General.--The Department of State and Related Agency 
     Appropriations Act, 2005 (title IV of division B of Public 
     Law 108-447) is amended, in the fourth paragraph under the 
     heading ``Diplomatic and Consular Programs'', by striking 
     ``Beginning'' through the period at the end and inserting the 
     following: ``Beginning in fiscal year 2005 and thereafter, 
     the Secretary of State is authorized to charge surcharges 
     related to consular services in support of enhanced border 
     security that are in addition to the immigrant visa fees in 
     effect on January 1, 2004: Provided, That funds collected 
     pursuant to this authority shall be credited to the 
     appropriation for U.S. Immigration and Customs Enforcement 
     for the fiscal year in which the fees were collected, and 
     shall be available until expended for the funding of the Visa 
     Security Program established by the Secretary of Homeland 
     Security under section 428(e) of the Homeland Security Act of 
     2002 (Public Law 107-296): Provided further, That such 
     surcharges shall be 10 percent of the fee assessed on 
     immigrant visa applications.''.
       (b) Repayment of Appropriated Funds.--Twenty percent of the 
     funds collected each fiscal year under the heading 
     ``Diplomatic and Consular Programs'' in the Department of 
     State and Related Agency Appropriations Act, 2005 (title IV 
     of division B of Public Law 108-447), as amended by 
     subsection (a), shall be deposited into the general fund of 
     the Treasury as repayment of funds appropriated pursuant to 
     section 407(c) of this Act until the entire appropriated sum 
     has been repaid.

     SEC. 4422. EXPEDITIOUS EXPANSION OF VISA SECURITY PROGRAM TO 
                   HIGH-RISK POSTS.

       (a) In General.--Section 428(i) of the Homeland Security 
     Act of 2002 (6 U.S.C. 236(i)) is amended to read as follows:
       ``(i) Visa Issuance at Designated High-risk Posts.--
     Notwithstanding any other provision of law, the Secretary of 
     Homeland Security shall conduct an on-site review of all visa 
     applications and supporting documentation before adjudication 
     at the top 30 visa-issuing posts designated jointly by the 
     Secretaries of State and Homeland Security as high-risk 
     posts.''.
       (b) Assignment of Personnel.--Not later than one year after 
     the date of enactment of this section, the Secretary of 
     Homeland Security shall assign personnel to the visa-issuing 
     posts referenced in section 428(i) of the Homeland Security 
     Act of 2002 (6 U.S.C. 236(i)), as amended by this section, 
     and communicate such assignments to the Secretary of State.
       (c) Appropriations.--There is authorized to be appropriated 
     $60,000,000 for each of the fiscal years 2014 and 2015, which 
     shall be used to expedite the implementation of section 
     428(i) of the Homeland Security Act, as amended by this 
     section.

     SEC. 4423. EXPEDITED CLEARANCE AND PLACEMENT OF DEPARTMENT OF 
                   HOMELAND SECURITY PERSONNEL AT OVERSEAS 
                   EMBASSIES AND CONSULAR POSTS.

       Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 
     236) is amended by adding at the end the following:
       ``(j) Expedited Clearance and Placement of Department of 
     Homeland Security Personnel at Overseas Embassies and 
     Consular Posts.--Notwithstanding any other provision of law, 
     and the processes set forth in National Security Defense 
     Directive 38 (dated June 2, 1982) or any successor Directive, 
     the Chief of Mission of a post to which the Secretary of 
     Homeland Security has assigned personnel under subsection (e) 
     or (i) shall ensure, not later than one year after the date 
     on which the Secretary of Homeland Security communicates such 
     assignment to the Secretary of State, that such personnel 
     have been stationed and accommodated at post and are able to 
     carry out their duties.''.

     SEC. 4424. INCREASED CRIMINAL PENALTIES FOR STUDENT VISA 
                   INTEGRITY.

       Section 1546 of title 18, United States Code, is amended by 
     striking ``10 years'' and inserting ``15 years (if the 
     offense was committed by an owner, official, or employee of 
     an educational institution with respect to such institution's 
     participation in the Student and exchange Visitor Program), 
     10 years''.

     SEC. 4425. VISA FRAUD.

       (a) Temporary Suspension of SEVIS Access.--Section 641(d) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended--
       (1) in paragraph (1)(A), by striking ``institution,,'' and 
     inserting ``institution,''; and
       (2) by adding at the end the following:
       ``(3) Effect of reasonable suspicion of fraud.--If the 
     Secretary of Homeland Security has reasonable suspicion that 
     an owner of, or a designated school official at, an approved 
     institution of higher education, an other approved 
     educational institution, or a designated exchange visitor 
     program has committed fraud or attempted to commit fraud 
     relating to any aspect of the Student and Exchange Visitor 
     Program, the Secretary may immediately suspend, without 
     notice, such official's or such school's access to the 
     Student and Exchange Visitor Information System (SEVIS), 
     including the ability to issue Form I-20s, pending a final 
     determination by the Secretary with respect to the 
     institution's certification under the Student and Exchange 
     Visitor Program.''.
       (b) Effect of Conviction for Visa Fraud.--Such section 
     641(d), as amended by subsection (a)(2), is further amended 
     by adding at the end the following:
       ``(4) Permanent disqualification for fraud.--A designated 
     school official at, or an owner of, an approved institution 
     of higher education, an other approved educational 
     institution, or a designated exchange visitor program who is 
     convicted for fraud relating to any aspect of the Student and 
     Exchange Visitor Program shall be permanently disqualified 
     from filing future petitions and from having an ownership 
     interest or a management role, including serving as a 
     principal, owner, officer, board member, general

[[Page S5074]]

     partner, designated school official, or any other position of 
     substantive authority for the operations or management of the 
     institution, in any United States educational institution 
     that enrolls nonimmigrant alien students described in 
     subparagraph (F) or (M) of section 101(a)(15) the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)).''.

     SEC. 4426. BACKGROUND CHECKS.

       (a) In General.--Section 641(d) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1372(d)), as amended by section 411(b) of this Act, is 
     further amended by adding at the end the following:
       ``(5) Background check requirement.--
       ``(A) In general.--An individual may not serve as a 
     designated school official or be granted access to SEVIS 
     unless the individual is a national of the United States or 
     an alien lawfully admitted for permanent residence and during 
     the most recent 3-year period--
       ``(i) the Secretary of Homeland Security has--

       ``(I) conducted a thorough background check on the 
     individual, including a review of the individual's criminal 
     and sex offender history and the verification of the 
     individual's immigration status; and
       ``(II) determined that the individual has not been 
     convicted of any violation of United States immigration law 
     and is not a risk to national security of the United States; 
     and

       ``(ii) the individual has successfully completed an on-line 
     training course on SEVP and SEVIS, which has been developed 
     by the Secretary.
       ``(B) Interim designated school official.--
       ``(i) In general.--An individual may serve as an interim 
     designated school official during the period that the 
     Secretary is conducting the background check required by 
     subparagraph (A)(i)(I).
       ``(ii) Reviews by the secretary.--If an individual serving 
     as an interim designated school official under clause (i) 
     does not successfully complete the background check required 
     by subparagraph (A)(i)(I), the Secretary shall review each 
     Form I-20 issued by such interim designated school official.
       ``(6) Fee.--The Secretary is authorized to collect a fee 
     from an approved school for each background check conducted 
     under paragraph (6)(A)(i). The amount of such fee shall be 
     equal to the average amount expended by the Secretary to 
     conducted such background checks.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act.

     SEC. 4427. FLIGHT SCHOOLS NOT CERTIFIED BY FAA.

       (a) In General.--Except as provided in subsection (b), the 
     Secretary of Homeland Security shall prohibit any flight 
     school in the United States from accessing SEVIS or issuing a 
     Form I-20 to an alien seeking a student visa pursuant to 
     subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) if the 
     flight school has not been certified to the satisfaction of 
     the Secretary and by the Federal Aviation Administration 
     pursuant to part 141 or part 142 of title 14, Code of Federal 
     Regulations (or similar successor regulations).
       (b) Temporary Exception.--During the 5-year period 
     beginning on the date of the enactment of this Act, the 
     Secretary may waive the requirement under subsection (a) that 
     a flight school be certified by the Federal Aviation 
     Administration if such flight school--
       (1) was certified under the Student and Exchange Visitor 
     Program on the date of the enactment of this Act;
       (2) submitted an application for certification with the 
     Federal Aviation Administration during the 1-year period 
     beginning on such date; and
       (3) continues to progress toward certification by the 
     Federal Aviation Administration.

     SEC. 4428. REVOCATION OF ACCREDITATION.

       At the time an accrediting agency or association is 
     required to notify the Secretary of Education and the 
     appropriate State licensing or authorizing agency of the 
     final denial, withdrawal, suspension, or termination of 
     accreditation of an institution pursuant to section 496 of 
     the Higher Education Act of 1965 (20 U.S.C. 1099b), such 
     accrediting agency or association shall notify the Secretary 
     of Homeland Security of such determination and the Secretary 
     of Homeland Security shall immediately withdraw the school 
     from the SEVP and prohibit the school from accessing SEVIS.

     SEC. 4429. REPORT ON RISK ASSESSMENT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall submit to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives a report that contains the risk 
     assessment strategy that will be employed by the Secretary to 
     identify, investigate, and take appropriate action against 
     schools and school officials that are facilitating the 
     issuance of Form I-20 and the maintenance of student visa 
     status in violation of the immigration laws of the United 
     States.

     SEC. 4430. IMPLEMENTATION OF GAO RECOMMENDATIONS.

       Not later than 180 days after the date of the enactment of 
     this act, the Secretary of Homeland Security shall submit to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report that describes--
       (1) the process in place to identify and assess risks in 
     the SEVP;
       (2) a risk assessment process to allocate SEVP's resources 
     based on risk;
       (3) the procedures in place for consistently ensuring a 
     school's eligibility, including consistently verifying in 
     lieu of letters;
       (4) how SEVP identified and addressed missing school case 
     files;
       (5) a plan to develop and implement a process to monitor 
     state licensing and accreditation status of all SEVP-
     certified schools;
       (6) whether all flight schools that have not been certified 
     to the satisfaction of the Secretary and by the Federal 
     Aviation Administration have been removed from the program 
     and have been restricted from accessing SEVIS;
       (7) the standard operating procedures that govern 
     coordination among SEVP, Counterterrorism and Criminal 
     Exploitation Unit, and U.S. Immigration and Customs 
     Enforcement field offices; and
       (8) the established criteria for referring cases of a 
     potentially criminal nature from SEVP to the counterterrorism 
     and intelligence community.

     SEC. 4431. IMPLEMENTATION OF SEVIS II.

       Not later than 2 years after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall complete 
     the deployment of both phases of the 2nd generation Student 
     and Exchange Visitor Information System (commonly known as 
     ``SEVIS II'').

     SEC. 4432. DEFINITIONS.

       (a) Definitions.--In this subtitle:
       (1) SEVIS.--The term ``SEVIS'' means the Student and 
     Exchange Visitor Information System of the Department.
       (2) SEVP.--The term ``SEVP'' means the Student and Exchange 
     Visitor Program of the Department.

       Strike section 4904 and insert the following:

     SEC. 4904. ACCREDITATION REQUIREMENTS.

       (a) Colleges, Universities, and Language Training 
     Programs.--Section 101(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)) is amended--
       (1) in paragraph (15)(F)(i)--
       (A) by striking ``section 214(1) at an established college, 
     university, seminary, conservatory or in an accredited 
     language training program in the United States'' and 
     inserting ``section 214(m) at an accredited college, 
     university, or language training program, or at an 
     established seminary, conservatory, academic high school, 
     elementary school, or other academic institution in the 
     United States''; and
       (B) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (C) by amending paragraph (52) to read as follows:
       ``(52) Except as provided in section 214(m)(4), the term 
     `accredited college, university, or language training 
     program' means a college, university, or language training 
     program that is accredited by an accrediting agency 
     recognized by the Secretary of Education.''.
       (b) Other Academic Institutions.--Section 214(m) (8 U.S.C. 
     1184(m)) is amended by adding at the end the following:
       ``(3) The Secretary of Homeland Security shall require 
     accreditation of an academic institution (except for 
     seminaries or other religious institutions) for purposes of 
     section 101(a)(15)(F) if--
       ``(A) that institution is not already required to be 
     accredited under section 101(a)(15)(F)(i); and
       ``(B) an appropriate accrediting agency recognized by the 
     Secretary of Education is able to provide such accreditation.
       ``(4) The Secretary of Homeland Security, in the 
     Secretary's discretion, may waive the accreditation 
     requirement in paragraph (3) or section 101(a)(15)(F)(i) with 
     respect to an institution if such institution--
       ``(A) is otherwise in compliance with the requirements of 
     section 101(a)(15)(F)(i); and
       ``(B) has been a candidate for accreditation for at least 1 
     year and continues to progress toward accreditation by an 
     accrediting agency recognized by the Secretary of 
     Education.''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall--
       (A) take effect on the date that is 180 days after the date 
     of enactment of this Act; and
       (B) apply with respect to applications for nonimmigrant 
     visas that are filed on or after the effective date described 
     in subparagraph (A).
       (2) Temporary exception.--During the 3-year period 
     beginning on the effective date described in paragraph 
     (1)(A), an institution that is newly required to be 
     accredited under this section may continue to participate in 
     the Student and Exchange Visitor Program notwithstanding the 
     institution's lack of accreditation if the institution--
       (A) was certified under the Student and Exchange Visitor 
     Program on such date;
       (B) submitted an application for accreditation to an 
     accrediting agency recognized by the Secretary of Education 
     during the 6-month period ending on such date; and
       (C) continues to progress toward accreditation by such 
     accrediting agency.

       Strike section 4907 and insert the following:

[[Page S5075]]

     SEC. 4907. VISA FRAUD.

       (a) Temporary Suspension of SEVIS Access.--Section 641(d) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended--
       (1) in paragraph (1)(A), by striking ``institution,,'' and 
     inserting ``institution,''; and
       (2) by adding at the end the following:
       ``(3) Effect of reasonable suspicion of fraud.--If the 
     Secretary of Homeland Security has reasonable suspicion that 
     an owner of, or a designated school official at, an approved 
     institution of higher education, an other approved 
     educational institution, or a designated exchange visitor 
     program has committed fraud or attempted to commit fraud 
     relating to any aspect of the Student and Exchange Visitor 
     Program, the Secretary may immediately suspend, without 
     notice, such official's or such school's access to the 
     Student and Exchange Visitor Information System (SEVIS), 
     including the ability to issue Form I-20s, pending a final 
     determination by the Secretary with respect to the 
     institution's certification under the Student and Exchange 
     Visitor Program.''.
       (b) Effect of Conviction for Visa Fraud.--Such section 
     641(d), as amended by subsection (a)(2), is further amended 
     by adding at the end the following:
       ``(4) Permanent disqualification for fraud.--A designated 
     school official at, or an owner of, an approved institution 
     of higher education, an other approved educational 
     institution, or a designated exchange visitor program who is 
     convicted for fraud relating to any aspect of the Student and 
     Exchange Visitor Program shall be permanently disqualified 
     from filing future petitions and from having an ownership 
     interest or a management role, including serving as a 
     principal, owner, officer, board member, general partner, 
     designated school official, or any other position of 
     substantive authority for the operations or management of the 
     institution, in any United States educational institution 
     that enrolls nonimmigrant alien students described in 
     subparagraph (F) or (M) of section 101(a)(15) the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)).''.
                                 ______
                                 
  SA 1608. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CLARIFICATION REGARDING MERIT-BASED IMMIGRANT VISA 
                   PHYSICAL PRESENCE REQUIREMENTS.

       For purposes of section 2302(c)(3)(B), an alien shall be 
     deemed to be lawfully present in the United States in a 
     status that allows for employment authorization during such 
     time as the alien is in Deferred Enforcement Departure 
     pursuant to a presidential directive that was issued on or 
     before April 16, 2013.
                                 ______
                                 
  SA 1609. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title II, insert the following:

     SEC. 2324. INADMISSIBILITY OF INDIVIDUALS WHO RENOUNCE 
                   CITIZENSHIP TO AVOID TAXES.

       Section 212(a)(10)(E) (8 U.S.C. 1182(a)(10)(E)) is amended 
     to read as follows:
       ``(E) Former citizens who renounced citizenship to avoid 
     taxation.--
       ``(i) Inadmissibility.--The following aliens are 
     inadmissible:

       ``(I) Any alien who is a former citizen of the United 
     States who officially renounces United States citizenship and 
     who is determined by the Secretary of Homeland Security to 
     have renounced United States citizenship for the purpose of 
     avoiding taxation by the United States.
       ``(II) Subject to clause (ii), any alien who is a former 
     citizen of the United States and who is a covered expatriate.

       ``(ii) Review for covered expatriates.--A covered 
     expatriate shall not be inadmissible under clause (i)(II) if 
     the Secretary determines that the covered expatriate has 
     established by clear and convincing evidence that avoiding 
     taxation by the United States was not one of the principle 
     purposes that the covered expatriate renounced United States 
     citizenship.
       ``(iii) Covered expatriate defined.--In this subparagraph, 
     the term `covered expatriate' means an individual described 
     in section 877A(g)(1) of the Internal Revenue Code of 1986 
     and to whom section 877A(a) of such Code applies.''.
                                 ______
                                 
  SA 1610. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. USE OF PUBLIC LIBRARIES FOR THE IMMIGRANT 
                   INTEGRATION.

       (a) Application Assistance Grants.--Notwithstanding section 
     2106, a public library with staff who have the 
     qualifications, experience, and expertise described in 
     subsection (b) of that section shall be considered an 
     eligible nonprofit organization for purposes of that section.
       (b) Task Force on New Americans.--
       (1) Membership.--In addition to the individuals listed in 
     section 2523(a), the Director of the Institute of Museum and 
     Library Services shall also be a member of the Task Force on 
     New Americans.
       (2) Functions.--As part of the coordinated Federal response 
     to issues that impact the lives of new immigrants and 
     receiving communities described in section 2524(b)(1), the 
     Task Force on New Americans shall include civics education.
       (c) United States Citizenship Foundation.--In addition to 
     the activities authorized under section 2534, the United 
     States Citizenship Foundation shall enter into agreements 
     with other Federal agencies to promote and assist eligible 
     organizations and authorized activities.
       (d) Initial Entry, Adjustment, and Citizenship Assistance 
     Grants.--Grants authorized under section 2537 shall be 
     awarded to eligible nonprofit organizations (as defined in 
     section 2106(b)).
       (e) Pilot Program to Promote Immigrant Integration at State 
     and Local Levels.--In addition to the activities authorized 
     under subsection (d) of section 2538, grants authorized under 
     that section may be used to provide subgrants to public 
     libraries.
                                 ______
                                 
  SA 1611. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 245B(c), as added by section 2101(a) of this 
     amendment, strike paragraph (6) and insert the following:
       ``(6) Eligibility after departure.--An alien who departed 
     from the United States, while subject to an order of 
     exclusion, deportation, or removal, or pursuant to an order 
     of voluntary departure, who is outside of the United States, 
     or who has reentered the United States illegally after 
     December 31, 2011 without receiving the Secretary's consent 
     to reapply for admission under section 212(a)(9), shall not 
     be eligible to file an application for registered provisional 
     immigrant status.
                                 ______
                                 
  SA 1612. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 245B(b) of the Immigration and Nationality Act, 
     as added by section 2101(a) of this amendment, strike 
     paragraph (3) and insert the following:
       ``(3) Grounds for ineligibility.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an alien is ineligible for registered provisional immigrant 
     status if the Secretary determines that the alien--
       ``(i) has a conviction for--

       ``(I) an offense classified as a felony in the convicting 
     jurisdiction (other than a State or local offense for which 
     an essential element was the alien's immigration status, or a 
     violation of this Act);
       ``(II) an aggravated felony (as defined in section 
     101(a)(43) at the time of the conviction);
       ``(III) an offense (unless the applicant demonstrates, by 
     clear and convincing evidence, that he or she is innocent of 
     the offense, that he or she is the victim of such offense, or 
     that no offense occurred), which is classified as a 
     misdemeanor in the convicting jurisdiction, and which 
     involved--

       ``(aa) domestic violence or child abuse and neglect (as 
     such terms are defined in section 40002(a) of the Violence 
     Against Women Act of 1994 (42 U.S.C. 13925(a)));
       ``(bb) assault resulting in bodily injury or the violation 
     of a protection order (as such terms are defined in section 
     2266 of title 18, United States Code); or
       ``(cc) driving while intoxicated (as defined in section 164 
     of title 23, United States Code);

       ``(IV) 2 or more misdemeanor offenses (other than minor 
     traffic offenses or State or local offenses for which an 
     essential element was the alien's immigration status or 
     violations of this Act);
       ``(V) any offense under foreign law, except for a purely 
     political offense, which, if the offense had been committed 
     in the United States, would render the alien inadmissible 
     under section 212(a) (excluding the paragraphs set forth in 
     clause (ii)) or removable under section 237(a), except as 
     provided in paragraph (3) of section 237(a); or
       ``(VI) unlawful voting (as defined in section 237(a)(6));

       ``(ii) is inadmissible under section 212(a), except that in 
     determining an alien's inadmissibility--

       ``(I) paragraphs (4), (5), (7), and (9)(B) of section 
     212(a) shall not apply;

[[Page S5076]]

       ``(II) subparagraphs (A), (C), (D), (F), and (G) of section 
     212(a)(6) and paragraphs (9)(C) and (10)(B) of section 212(a) 
     shall not apply unless based on the act of unlawfully 
     entering the United States after the date of the enactment of 
     the Border Security, Economic Opportunity, and Immigration 
     Modernization Act; and
       ``(III) paragraphs (6)(B) and (9)(A) of section 212(a) 
     shall not apply unless the relevant conduct began on or after 
     the date on which the alien files an application for 
     registered provisional immigrant status under this section;

       ``(iii) is an alien who the Secretary knows or has 
     reasonable grounds to believe, is engaged in or is likely to 
     engage after entry in any terrorist activity (as defined in 
     section 212(a)(3)(B)(iv)); or
       ``(iv) was, on April 16, 2013--

       ``(I) an alien lawfully admitted for permanent residence;
       ``(II) an alien admitted as a refugee under section 207 or 
     granted asylum under section 208; or
       ``(III) an alien who, according to the records of the 
     Secretary or the Secretary of State, is lawfully present in 
     the United States in any nonimmigrant status (other than an 
     alien considered to be a nonimmigrant solely due to the 
     application of section 244(f)(4) or the amendment made by 
     section 702 of the Consolidated Natural Resources Act of 2008 
     (Public Law 110-229)), notwithstanding any unauthorized 
     employment or other violation of nonimmigrant status.

       ``(B) Waiver.--
       ``(i) In general.--The Secretary may waive the application 
     of any provision of section 212(a) that is not listed in 
     clause (ii) on behalf of an alien for humanitarian purposes, 
     to ensure family unity, or if such a waiver is otherwise in 
     the public interest. Any discretionary authority to waive 
     grounds of inadmissibility under section 212(a) conferred 
     under any other provision of this Act shall apply equally to 
     aliens seeking registered provisional status under this 
     section.
       ``(ii) Exceptions.--The discretionary authority under 
     clause (i) may not be used to waive--

       ``(I) subparagraph (B), (C), (D)(ii), (E), (G), (H), or (I) 
     of section 212(a)(2);
       ``(II) section 212(a)(3);
       ``(III) subparagraph (A), (C), (D), or (E) of section 
     212(a)(10); or
       ``(IV) with respect to misrepresentations relating to the 
     application for registered provisional immigrant status, 
     section 212(a)(6)(C)(i).

       ``(C) Conviction explained.--For purposes of this 
     paragraph, the term `conviction' does not include a judgment 
     that has been expunged, set aside, or the equivalent.
       ``(D) Rule of construction.--Nothing in this paragraph may 
     be construed to require the Secretary to commence removal 
     proceedings against an alien.
                                 ______
                                 
  SA 1613. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 245B(b) of the Immigration and Nationality Act, 
     as added by section 2101(a) of this amendment, strike 
     paragraphs (3) and (4) and insert the following:
       ``(3) Grounds for ineligibility.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an alien is ineligible for registered provisional immigrant 
     status if the Secretary determines that the alien--
       ``(i) has a conviction for--

       ``(I) an offense classified as a felony in the convicting 
     jurisdiction (other than a State or local offense for which 
     an essential element was the alien's immigration status, or a 
     violation of this Act);
       ``(II) an aggravated felony (as defined in section 
     101(a)(43) at the time of the conviction);
       ``(III) an offense (unless the applicant demonstrates, by 
     clear and convincing evidence, that he or she is innocent of 
     the offense, that he or she is the victim of such offense, or 
     that no offense occurred), which is classified as a 
     misdemeanor in the convicting jurisdiction, and which 
     involved--

       ``(aa) domestic violence or child abuse and neglect (as 
     such terms are defined in section 40002(a) of the Violence 
     Against Women Act of 1994 (42 U.S.C. 13925(a)));
       ``(bb) assault resulting in bodily injury or the violation 
     of a protection order (as such terms are defined in section 
     2266 of title 18, United States Code); or
       ``(cc) driving while intoxicated (as defined in section 164 
     of title 23, United States Code);

       ``(IV) 2 or more misdemeanor offenses (other than minor 
     traffic offenses or State or local offenses for which an 
     essential element was the alien's immigration status or 
     violations of this Act);
       ``(V) any offense under foreign law, except for a purely 
     political offense, which, if the offense had been committed 
     in the United States, would render the alien inadmissible 
     under section 212(a) (excluding the paragraphs set forth in 
     clause (ii)) or removable under section 237(a), except as 
     provided in paragraph (3) of section 237(a); or
       ``(VI) unlawful voting (as defined in section 237(a)(6));

       ``(ii) is inadmissible under section 212(a);
       ``(iii) is an alien who the Secretary knows or has 
     reasonable grounds to believe, is engaged in or is likely to 
     engage after entry in any terrorist activity (as defined in 
     section 212(a)(3)(B)(iv)); or
       ``(iv) was, on April 16, 2013--

       ``(I) an alien lawfully admitted for permanent residence;
       ``(II) an alien admitted as a refugee under section 207 or 
     granted asylum under section 208; or
       ``(III) an alien who, according to the records of the 
     Secretary or the Secretary of State, is lawfully present in 
     the United States in any nonimmigrant status (other than an 
     alien considered to be a nonimmigrant solely due to the 
     application of section 244(f)(4) or the amendment made by 
     section 702 of the Consolidated Natural Resources Act of 2008 
     (Public Law 110-229)), notwithstanding any unauthorized 
     employment or other violation of nonimmigrant status.

       ``(B) Conviction explained.--For purposes of this 
     paragraph, the term `conviction' does not include a judgment 
     that has been expunged, set aside, or the equivalent.
       ``(C) Rule of construction.--Nothing in this paragraph may 
     be construed to require the Secretary to commence removal 
     proceedings against an alien.
                                 ______
                                 
  SA 1614. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT BY THE CHIEF ACTUARY OF THE CENTERS FOR 
                   MEDICARE & MEDICAID SERVICES ON ANY INCREASED 
                   COSTS TO THE MEDICARE PROGRAM THAT WILL RESULT 
                   FROM THE PROVISIONS OF, AND THE AMENDMENTS MADE 
                   BY, THIS ACT.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Chief Actuary of the Centers 
     for Medicare & Medicaid Services shall submit to Congress a 
     report on any increased costs to the Medicare program under 
     title XVIII of the Social Security Act that will result from 
     the provisions of, and the amendments made by, this Act 
     (including regulations to carry out such provisions and 
     amendments).
       (b) Contents.--
       (1) In general.--The report under subsection (a) shall 
     include--
       (A) an estimate by the Chief Actuary of any increased costs 
     to the Medicare program that will result from such provisions 
     and amendments during--
       (i) the 10-year period that begins on the date that is 10 
     years after the date of the enactment of this Act; and
       (ii) the 75-year period that begins on such date of 
     enactment; and
       (B) any other items determined appropriate by the 
     Secretary.
       (2) Requirement.--The estimates under paragraph (1)(A) 
     shall include the total impact on the Medicare program 
     (dedicated revenues less expenditures), including the impact 
     of individuals made newly-eligible for benefits under the 
     Medicare program by reason of such provisions and amendments.
                                 ______
                                 
  SA 1615. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
submitted an amendment intended to be proposed to amendment SA 1183 
submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S. 744, 
to provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 222, strike line 7 and all that follows 
     through ``Notwithstanding'' on page 223, lines 11 and 12, and 
     insert the following:
       (a) Exemption From Hiring Rules.--Notwithstanding
                                 ______
                                 
  SA 1616. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike sections 3502 and 3503 and insert the following:

     SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY AND 
                   REDUCING COSTS BY INCREASING ACCESS TO LEGAL 
                   INFORMATION.

       (a) Right to Review Certain Documents in Removal 
     Procedings.--Section 240(b) (8 U.S.C. 1229a(b)) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A), by striking the comma at the end 
     and inserting a semicolon;
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (C) by inserting after subparagraph (A) the following:
       ``(B) the alien shall, at the beginning of the proceedings 
     or at a reasonable time thereafter, automatically receive a 
     complete copy of all relevant documents in the possession of 
     the Department of Homeland Security, including all documents 
     (other than documents protected from disclosure by privilege, 
     including national security information

[[Page S5077]]

     referenced in subparagraph (C), law enforcement sensitive 
     information, and information prohibited from disclosure 
     pursuant to any other provision of law) contained in the file 
     maintained by the Government that includes information with 
     respect to all transactions involving the alien during the 
     immigration process (commonly referred to as an `A-file') and 
     all documents pertaining to the alien that the Department of 
     Homeland Security has obtained or received from other 
     government agencies, unless the alien waives the right to 
     receive such documents by executing a knowing and voluntary 
     waiver in a language that he or she understands fluently;''; 
     and
       (2) by adding at the end the following:
       ``(8) Failure to provide alien required documents.--In the 
     absence of a waiver under paragraph (4)(B), a removal 
     proceeding may not commence until the alien has received the 
     documents required under such subparagraph.''.
       (b) Clarification Regarding Provision of Counsel to Aliens 
     in Immigration Proceedings.--Section 292 (8 U.S.C. 1362) is 
     amended--
       (1) by inserting ``(a)'' before ``In any'';
       (2) by striking ``he shall'' and inserting ``the person 
     shall''; and
       (3) by adding at the end the following:
       ``(b) The Government is not required to provide counsel to 
     aliens under subsection (a).''.
       (c) Repeal.--Subsections (b), (c), and (d) of section 2104 
     of this Act and the amendments to section 242 of the 
     Immigration and Nationality Act, which were made by section 
     2104(b) of this Act, are repealed.
                                 ______
                                 
  SA 1617. Mrs. FEINSTEIN (for herself, Mr. Kirk, Mr. Coons, Mr. Udall 
of New Mexico, Mr. Blunt, and Mr. Cornyn) submitted an amendment 
intended to be proposed to amendment SA 1183 submitted by Mr. Leahy 
(for himself and Mr. Hatch) to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 49, strike lines 20 through 23 and insert the 
     following:

     Act;

       (xviii) costs to the Judiciary estimated to be caused by 
     the implementation of this Act and the amendments made by 
     this Act, as the Secretary and the Judicial Conference of the 
     United States shall jointly determine in consultation with 
     the Attorney General; and
       (xix) the operations and maintenance costs associated with 
     the implementation of clauses (i) through (xvii).
                                 ______
                                 
  SA 1618. Mr. NELSON submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 1124. MARITIME BORDER SECURITY ENHANCEMENTS.

       (a) U.S. Customs and Border Protection.--The Commissioner 
     of U.S. Customs and Border Protection, working through the 
     Office of Air and Marine, shall--
       (1) acquire and deploy such additional vessels and aircraft 
     as may be necessary to provide for enhanced maritime border 
     security along--
       (A) the coastal areas of the Southeastern United States, 
     including Florida, Puerto Rico, the United States Virgin 
     Islands, and the Gulf Coast; and
       (B) the California coast;
       (2) increase unarmed, unmanned aircraft deployments to the 
     Caribbean region;
       (3) acquire, upgrade, and maintain sensor systems for the 
     aircraft and vessel fleet;
       (4) increase air and maritime patrols to gain and enhance 
     maritime domain awareness;
       (5) increase and upgrade facilities, as necessary, to 
     accommodate personnel and asset needs;
       (6) perform whatever additional maintenance as may be 
     necessary to preserve the operational capability of any 
     additional air or marine assets;
       (7) modernize and appropriately staff the Air and Marine 
     Operations Center in order to enhance maritime domain 
     awareness; and
       (8) hire and deploy such personnel as may be necessary to 
     provide maritime border security along--
       (A) the coastal areas of the Southeastern United States, 
     including Florida, Puerto Rico, the United States Virgin 
     Islands, and the Gulf Coast; and
       (B) the California coast.
       (b) Coast Guard.--The Commissioner of U.S. Customs and 
     Border Protection shall work with the Secretary and shall 
     coordinate with the Coast Guard to secure the maritime 
     borders of the United States.
       (c) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated, there is 
     authorized to be appropriated, for fiscal years 2014 through 
     2018--
       (1) such sums as may be necessary to U.S. Customs and 
     Border Protection to carry out subsection (a); and
       (2) such sums as may be necessary to the Coast Guard to 
     carry out subsection (b).
                                 ______
                                 
  SA 1619. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. __. PROTECTION OF NATIONAL SECURITY AND PUBLIC SAFETY.

       (a) Disclosures.--Section 245E(a) (as amended by section 
     2104(a)) is amended by striking paragraphs (2) and (3) and 
     inserting the following:
       ``(2) Required disclosures.--The Secretary shall provide 
     the information furnished in an application filed under 
     section 245B, 245C, 245D, or 245F of this Act or section 2211 
     of the Border Security, Economic Opportunity, and Immigration 
     Modernization Act, and any other information derived from 
     such furnished information to--
       ``(A) a law enforcement agency, intelligence agency, 
     national security agency, a component of the Department of 
     Homeland Security, court, or grand jury, in each instance 
     about an individual suspect or group of suspects, consistent 
     with law, in connection with--
       ``(i) a criminal investigation or prosecution;
       ``(ii) a national security investigation or prosecution; or
       ``(iii) a duly authorized investigation of a civil 
     violation; and
       ``(B) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       ``(3) Inapplicability after denial.--The limitations set 
     forth in paragraph (1)--
       ``(A) shall apply only until--
       ``(i) an application filed under section 245B, 245C, 245D, 
     or 245F of this Act or section 2211 of the Border Security, 
     Economic Opportunity, and Immigration Modernization Act is 
     denied; and
       ``(ii) all opportunities for administrative appeal of the 
     denial have been exhausted; and
       ``(B) shall not apply to the use of the information 
     furnished pursuant to such application in any removal 
     proceeding or other criminal or civil case or action relating 
     to an alien whose application has been granted that is based 
     upon any violation of law committed or discovered after such 
     grant.
       ``(4) Criminal convictions.--Notwithstanding any other 
     provision of this section, information concerning whether the 
     applicant has, at any time, been convicted of a crime may be 
     used or released for immigration enforcement and law 
     enforcement purposes.
       ``(5) Auditing and evaluation of information.--The 
     Secretary may--
       ``(A) audit and evaluate information furnished as part of 
     any application filed under section 245B, 245C, 245D, or 245F 
     for purposes of identifying immigration fraud or fraud 
     schemes; and
       ``(B) use any evidence detected by means of audits and 
     evaluations for purposes of investigating, prosecuting, 
     referring for prosecution, or denying or terminating 
     immigration benefits.
       ``(6) Use of information in petitions and applications 
     subsequent to adjustment of status.--If the Secretary has 
     adjusted an alien's status to that of an alien lawfully 
     admitted for permanent residence pursuant to section 245C, 
     245D, or 245F, the Secretary, at any time thereafter, may use 
     the information furnished by the alien in the application for 
     adjustment of status or in an application for status under 
     section 245B, 245C, 245D, or 245F to make a determination on 
     any petition or application.
       ``(7) Construction.--Nothing in this section may be 
     construed to limit the use or release, for immigration 
     enforcement purposes, of information contained in files or 
     records of the Secretary or the Attorney General pertaining 
     to applications filed under section 245B, 245C, 245D, or 245F 
     other than information furnished by an applicant in the 
     application, or any other information derived from the 
     application, that is not available from any other source.''.
       (b) Visa Information Sharing.--Section 222(f) (8 U.S.C. 
     1202(f)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``issuance or refusal'' and inserting ``issuance, refusal, or 
     revocation''; and
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``discretion and on the basis of reciprocity,'' and inserting 
     ``discretion,'';
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) with regard to individual aliens, at any time on a 
     case-by-case basis for the purpose of--
       ``(i) preventing, investigating, or punishing acts that 
     would constitute a crime in the United States, including 
     terrorism or trafficking in controlled substances, persons, 
     or illicit weapons; or
       ``(ii) determining a person's removability or eligibility 
     for a visa, admission, or other immigration benefit;'';
       (C) in subparagraph (B)--
       (i) by striking ``for the purposes'' and inserting ``for 
     one of the purposes''; and
       (ii) by striking ``or to deny visas to persons who would be 
     inadmissible to the United States.'' and inserting ``; or''; 
     and
       (D) by adding at the end the following:

[[Page S5078]]

       ``(C) with regard to any or all aliens in the database-
     specified data elements from each record, if the Secretary of 
     State determines that it is in the national interest to 
     provide such information to a foreign government.''.
                                 ______
                                 
  SA 1620. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROTECTING AMERICAN BUSINESSES.

       (a) Duties of Commissioner.--Notwithstanding section 
     4701(d)(6), the Commissioner of the Bureau of Immigration and 
     Labor Market Research is not authorized to conduct a 
     quarterly survey of unemployment rates in construction 
     occupations.
       (b) Admission of W Nonimmigrant Workers.--Section 220, as 
     added by section 4703(a) of this Act, is amended--
       (1) in subsection (a), by striking paragraph (4);
       (2) in subsection (e)(5), by striking subparagraph (B) and 
     inserting the following:
       ``(B) Returning worker and renewing employer exemption.--
     Renewals of approved job slots and W visas by employers or 
     workers in good standing shall not be counted toward the 
     limits established under subsection (g)(1)(A) or factored 
     into the formulaic determinations made under subparagraphs 
     (A) through (D) of subsection (g)(2).
       ``(C) Intending immigrants.--
       ``(i) Extension of period.--A registered visa holder shall 
     continue to be a registered visa holder at the end of the 3-
     year period referred to in subparagraph (A) if the W 
     nonimmigrant is the beneficiary of a petition for immigrant 
     status filed pursuant to this Act.
       ``(ii) Termination of period.--The term of a registration 
     position extended under clause (i) shall terminate on the 
     date that is the earlier of--

       ``(I) the date an application or petition by or for a W 
     nonimmigrant to obtain immigrant status is approved or denied 
     by the Secretary; or
       ``(II) the date of the termination of such W nonimmigrant's 
     employment with the registered employer.''; and

       (3) in subsection (h), by striking paragraph (5).
                                 ______
                                 
  SA 1621. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title I of the amendment, add 
     the following:

     SEC. 1204. EMERGENCY PORT OF ENTRY PERSONNEL AND 
                   INFRASTRUCTURE FUNDING.

       (a) Staff Enhancements.--In addition to positions 
     authorized before the date of the enactment of this Act and 
     any existing officer vacancies within U.S. Customs and Border 
     Protection on such date, the Secretary shall, by not later 
     than September 30, 2018, and subject to the availability of 
     appropriations for such purpose, hire, train, and assign to 
     duty 1,500 additional U.S. Customs and Border Protection 
     officers (not less than 50 percent of which shall be 
     designated to serve on all inspection lanes (primary, 
     secondary, incoming, and outgoing) and enforcement teams at 
     land ports of entry on the Northern border and the Southern 
     border) and 350 additional full-time support staff, compared 
     to the number of such officers and employees on the date of 
     the enactment of this Act, to be distributed among all United 
     States ports of entry.
       (b) Waiver of Personnel Limitation.--The Secretary may 
     waive any limitation on the number of full-time equivalent 
     personnel assigned to the Department in order to fulfill the 
     requirements under subsection (a).
       (c) Reports to Congress.--
       (1) Outbound inspections.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate committees of Congress a report containing 
     the Department's plans for ensuring the placement of 
     sufficient officers of U.S. Customs and Border Protection on 
     outbound inspections, and adequate outbound infrastructure, 
     at all Southern and Northern border land ports of entry.
       (2) Agricultural specialists.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary, in 
     consultation with the Secretary of Agriculture, shall submit 
     to the appropriate committees of Congress a report that 
     contains the Department's plans for ensuring the placement of 
     sufficient agriculture specialists at all Southern border and 
     Northern border land ports of entry.
       (3) Annual implementation report.--Not later than 1 year 
     after the date of the enactment of this Act, and annually 
     thereafter, the Secretary shall submit to the appropriate 
     committees of Congress a report that--
       (A) describes in detail the Department's implementation 
     plan for staff enhancements required under subsection (a);
       (B) includes the number of additional personnel assigned to 
     duty at land ports of entry by location; and
       (C) describes the methodology used to determine the 
     distribution of additional personnel to address northbound 
     and southbound cross-border inspections.
       (4) Appropriate committees of congress.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on the Judiciary and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) the Committee on the Judiciary and the Committee on 
     Homeland Security of the House of Representatives.
       (d) Secure Communication.--The Secretary shall ensure that 
     each officer of U.S. Customs and Border Protection is 
     equipped with a secure 2-way communication and satellite-
     enabled device, supported by system interoperability, that 
     allows such officers to communicate between ports of entry 
     and inspection stations, and with other Federal, State, 
     local, and tribal law enforcement entities.
       (e) Border Area Security Initiative Grant Program.--The 
     Secretary shall establish a grant program for the purchase of 
     detection equipment at land ports of entry and mobile, hand-
     held, 2-way communication and biometric devices for State and 
     local law enforcement officers serving on the Southern border 
     and Northern border.
       (f) Port of Entry Infrastructure Improvements.--In order to 
     aid in the enforcement of Federal customs, immigration, and 
     agriculture laws, the Commissioner responsible for U.S. 
     Customs and Border Protection may--
       (1) design, construct, and modify United States ports of 
     entry, living quarters for officers, agents, and personnel, 
     and other structures and facilities, including those owned by 
     municipalities, local governments, or private entities 
     located at land ports of entry;
       (2) acquire, by purchase, donation, exchange, or otherwise, 
     land or any interest in land determined to be necessary to 
     carry out the Commissioner's duties under this section; and
       (3) construct additional ports of entry along the Southern 
     border and the Northern border.
       (g) Consultation.--
       (1) Locations for new ports of entry.--The Secretary shall 
     consult with the Secretary of the Interior, the Secretary of 
     Agriculture, the Secretary of State, the International 
     Boundary and Water Commission, the International Joint 
     Commission, and appropriate representatives of States, local 
     governments, Indian tribes, and property owners--
       (A) to determine locations for new ports of entry; and
       (B) to minimize adverse impacts from such ports on the 
     environment, historic and cultural resources, commerce, and 
     quality of life for the communities and residents located 
     near such ports.
       (2) Savings provision.--Nothing in this subsection may be 
     construed--
       (A) to create any right or liability of the parties 
     described in paragraph (1);
       (B) to affect the legality and validity of any 
     determination under this Act by the Secretary; or
       (C) to affect any consultation requirement under any other 
     law.
       (h) Authority to Acquire Leaseholds.--Notwithstanding any 
     other provision of law, the Secretary may acquire a leasehold 
     interest in real property, and may construct or modify any 
     facility on the leased property, if the Secretary determines 
     that the acquisition of such interest, and such construction 
     or modification, are necessary to facilitate the 
     implementation of this Act.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, for each of the 
     fiscal years 2014 through 2018, $1,000,000,000, of which 
     $5,000,000 shall be used for grants authorized under 
     subsection (e).
       (j) Offset; Rescission of Unobligated Federal Funds.--
       (1) In general.--There is hereby rescinded, from 
     appropriated discretionary funds that remain available for 
     obligation as of the date of the enactment of this Act (other 
     than the unobligated funds described in paragraph (4)), 
     amounts determined by the Director of the Office of 
     Management and Budget such that the aggregate amount of the 
     rescission equals the amount authorized to be appropriated 
     under subsection (i).
       (2) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify--
       (A) the appropriation accounts from which the rescission 
     under paragraph (1) shall apply; and
       (B) the amount of the rescission that shall be applied to 
     each such account.
       (3) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall submit a report to Congress and 
     to the Secretary of the Treasury that describes the accounts 
     and amounts determined and identified under paragraph (2) for 
     rescission under paragraph (1).
       (4) Exceptions.--This subsection shall not apply to 
     unobligated funds of--
       (A) the Department of Defense;
       (B) the Department of Veterans Affairs; or
       (C) the Department of Homeland Security.

     SEC. 1205. CROSS-BORDER TRADE ENHANCEMENT.

       (a) Definitions.--In this section:
       (1) Administration.--The term ``Administration'' means the 
     General Services Administration.

[[Page S5079]]

       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the General Services Administration.
       (3) Person.--The term ``person'' means an individual or any 
     corporation, partnership, trust, association, or any other 
     public or private entity, including a State or local 
     government.
       (b) Agreements Authorized.--Notwithstanding any other 
     provision of law, upon the request of any persons, the 
     Administrator may, for purposes of facilitating construction, 
     alteration, operation or maintenance of a new or existing 
     facility or other infrastructure at a port of entry, enter 
     into cost-sharing or reimbursement agreements or accept a 
     donation of real and personal property (including monetary 
     donations) and nonpersonal services.
       (c) Evaluation Procedures.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator, in consultation 
     with the Secretary, shall establish procedures for evaluating 
     a proposal submitted by any person under subsection (b)--
       (A) to enter into a cost-sharing or reimbursement agreement 
     with the Administration to facilitate the construction, 
     alteration, operation, or maintenance of a new or existing 
     facility or other infrastructure at a land border port of 
     entry; or
       (B) to provide the Administration with a donation of real 
     and personal property (including monetary donations) and 
     nonpersonal services to be used in the construction, 
     alteration, operation, or maintenance of a facility or other 
     infrastructure at a land border port of entry under the 
     control of the Administration.
       (2) Specification.--Donations made under paragraph (1)(B) 
     may specify--
       (A) the land port of entry facility or facilities in 
     support of which the donation is being made; and
       (B) the time frame in which the donated property or 
     services shall be used.
       (3) Return of donation.--If the Administrator does not use 
     the property or services donated pursuant to paragraph (1)(B) 
     for the specific facility or facilities designated pursuant 
     to paragraph (2)(A) or within the time frame specified 
     pursuant to paragraph (2)(B), such donated property or 
     services shall be returned to the person that made the 
     donation.
       (4) Determination and notification.--
       (A) In general.--Not later than 90 days after receiving a 
     proposal pursuant to subsection (b) with respect to the 
     construction or maintenance of a facility or other 
     infrastructure at a land border port of entry, the 
     Administrator shall--
       (i) make a determination with respect to whether or not to 
     approve the proposal; and
       (ii) notify the person that submitted the proposal of--

       (I) the determination; and
       (II) if the Administrator did not approve the proposal, the 
     reasons for such disapproval.

       (B) Considerations.--In determining whether or not to 
     approve a proposal under this subsection, the Administrator 
     shall consider--
       (i) the impact of the proposal on reducing wait times at 
     that port of entry and other ports of entry on the same 
     border;
       (ii) the potential of the proposal to increase trade and 
     travel efficiency through added capacity; and
       (iii) the potential of the proposal to enhance the security 
     of the port of entry.
       (d) Delegation.--For facilities where the Administrator has 
     delegated or transferred to the Secretary, operations, 
     ownership, or other authorities over land border ports of 
     entry, the authorities and requirements of the Administrator 
     under this section shall be deemed to apply to the Secretary.
                                 ______
                                 
  SA 1622. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 131, strike line 8 and all that follows 
     through page 140, line 19 and insert the following:

       ``(III) an offense, unless the applicant demonstrates, by 
     clear and convincing evidence, that the applicant is innocent 
     of the offense, that applicant is the victim of such offense, 
     or that no offense occurred, which is classified as a 
     misdemeanor in the convicting jurisdiction which involved--

       ``(aa) domestic violence (as defined in section 40002(a) of 
     the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
       ``(bb) child abuse and neglect (as defined in section 
     40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 
     13925(a));
       ``(cc) assault resulting in bodily injury (as defined in 
     section 2266 of title 18, United States Code);
       ``(dd) the violation of a protection order (as defined in 
     section 2266 of title 18, United States Code); or
       ``(ee) driving while intoxicated (as defined in section 164 
     of title 23, United States Code);

       ``(IV) 3 or more misdemeanor offenses (other than minor 
     traffic offenses or State or local offenses for which an 
     essential element was the alien's immigration status, or a 
     violation of this Act);
       ``(V) any offense under foreign law, except for a purely 
     political offense, which, if the offense had been committed 
     in the United States, would render the alien inadmissible 
     under section 212(a) (excluding the paragraphs set forth in 
     clause (ii)) or removable under section 237(a), except as 
     provided in paragraph (3) of section 237(a); or
       ``(VI) unlawful voting (as defined in section 237(a)(6));

       ``(ii) is inadmissible under section 212(a), except that in 
     determining an alien's inadmissibility--

       ``(I) paragraphs (4), (5), (7), and (9)(B) of section 
     212(a) shall not apply;
       ``(II) subparagraphs (A), (C), (D), (F), and (G) of section 
     212(a)(6) and paragraphs (9)(C) and (10)(B) of section 212(a) 
     shall not apply unless based on the act of unlawfully 
     entering the United States after the date of the enactment of 
     the Border Security, Economic Opportunity, and Immigration 
     Modernization Act; and
       ``(III) paragraphs (6)(B) and (9)(A) of section 212(a) 
     shall not apply unless the relevant conduct began on or after 
     the date on which the alien files an application for 
     registered provisional immigrant status under this section;

       ``(iii) is an alien who the Secretary knows or has 
     reasonable grounds to believe, is engaged in or is likely to 
     engage after entry in any terrorist activity (as defined in 
     section 212(a)(3)(B)(iv)); or
       ``(iv) was, on April 16, 2013--

       ``(I) an alien lawfully admitted for permanent residence;
       ``(II) an alien admitted as a refugee under section 207 or 
     granted asylum under section 208; or
       ``(III) an alien who, according to the records of the 
     Secretary or the Secretary of State, is lawfully present in 
     the United States in any nonimmigrant status (other than an 
     alien considered to be a nonimmigrant solely due to the 
     application of section 244(f)(4) or the amendment made by 
     section 702 of the Consolidated Natural Resources Act of 2008 
     (Public Law 110-229)), notwithstanding any unauthorized 
     employment or other violation of nonimmigrant status.

       ``(B) Waiver.--
       ``(i) In general.--The Secretary may waive the application 
     of any provision of section 212(a) that is not listed in 
     clause (ii) on behalf of an alien for humanitarian purposes, 
     to ensure family unity, or if such a waiver is otherwise in 
     the public interest. Any discretionary authority to waive 
     grounds of inadmissibility under section 212(a) conferred 
     under any other provision of this Act shall apply equally to 
     aliens seeking registered provisional status under this 
     section.
       ``(ii) Exceptions.--The discretionary authority under 
     clause (i) may not be used to waive--

       ``(I) subparagraph (B), (C), (D)(ii), (E), (G), (H), or (I) 
     of section 212(a)(2);
       ``(II) section 212(a)(3);
       ``(III) subparagraph (A), (C), (D), or (E) of section 
     212(a)(10); or
       ``(IV) with respect to misrepresentations relating to the 
     application for registered provisional immigrant status, 
     section 212(a)(6)(C)(i).

       ``(C) Conviction explained.--For purposes of this 
     paragraph, the term `conviction' does not include a judgment 
     that has been expunged, set aside, or the equivalent.
       ``(D) Rule of construction.--Nothing in this paragraph may 
     be construed to require the Secretary to commence removal 
     proceedings against an alien.
       ``(4) Applicability of other provisions.--Sections 
     208(d)(6) and 240B(d) shall not apply to any alien filing an 
     application for registered provisional immigrant status under 
     this section.
       ``(5) Dependent spouse and children.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Secretary may classify the spouse or child of a 
     registered provisional immigrant as a registered provisional 
     immigrant dependent if the spouse or child--
       ``(i) was physically present in the United States on or 
     before December 31, 2012, and has maintained continuous 
     presence in the United States from that date until the date 
     on which the registered provisional immigrant is granted such 
     status, with the exception of absences from the United States 
     that are brief, casual, and innocent, whether or not such 
     absences were authorized by the Secretary; and
       ``(ii) meets all of the eligibility requirements set forth 
     in this subsection, other than the requirements of clause 
     (ii) or (iii) of paragraph (2)(A).
       ``(B) Effect of termination of legal relationship or 
     domestic violence.--If the spousal or parental relationship 
     between an alien who is granted registered provisional 
     immigrant status under this section and the alien's spouse or 
     child is terminated due to death or divorce or the spouse or 
     child has been battered or subjected to extreme cruelty by 
     the alien (regardless of whether the legal relationship 
     terminates), the spouse or child may apply for classification 
     as a registered provisional immigrant.
       ``(C) Effect of disqualification of parent.--
     Notwithstanding subsection (c)(3), if the application of a 
     spouse or parent for registered provisional immigrant status 
     is terminated or revoked, the husband, wife, or child of that 
     spouse or parent shall be eligible to apply for registered 
     provisional immigrant status independent of the parent or 
     spouse.
       ``(c) Application Procedures.--
       ``(1) In general.--An alien, or the dependent spouse or 
     child of such alien, who meets

[[Page S5080]]

     the eligibility requirements set forth in subsection (b) may 
     apply for status as a registered provisional immigrant or a 
     registered provisional immigrant dependent, as applicable, by 
     submitting a completed application form to the Secretary 
     during the application period set forth in paragraph (3), in 
     accordance with the final rule promulgated by the Secretary 
     under the Border Security, Economic Opportunity, and 
     Immigration Modernization Act. An applicant for registered 
     provisional immigrant status shall be treated as an applicant 
     for admission.
       ``(2) Payment of taxes.--
       ``(A) In general.--An alien may not file an application for 
     registered provisional immigrant status under paragraph (1) 
     unless the applicant has satisfied any applicable Federal tax 
     liability.
       ``(B) Definition of applicable federal tax liability.--In 
     this paragraph, the term `applicable Federal tax liability' 
     means all Federal income taxes assessed in accordance with 
     section 6203 of the Internal Revenue Code of 1986.
       ``(C) Demonstration of compliance.--An applicant may 
     demonstrate compliance with this paragraph by submitting 
     appropriate documentation, in accordance with regulations 
     promulgated by the Secretary, in consultation with the 
     Secretary of the Treasury.
       ``(3) Application period.--
       ``(A) Initial period.--Except as provided in subparagraph 
     (B), the Secretary may only accept applications for 
     registered provisional immigrant status from aliens in the 
     United States during the 1-year period beginning on the date 
     on which the final rule is published in the Federal Register 
     pursuant to paragraph (1).
       ``(B) Extension.--If the Secretary determines, during the 
     initial period described in subparagraph (A), that additional 
     time is required to process applications for registered 
     provisional immigrant status or for other good cause, the 
     Secretary may extend the period for accepting applications 
     for such status for an additional 18 months.
       ``(4) Application form.--
       ``(A) Required information.--
       ``(i) In general.--The application form referred to in 
     paragraph (1) shall collect such information as the Secretary 
     determines to be necessary and appropriate, including, for 
     the purpose of understanding immigration trends--

       ``(I) an explanation of how, when, and where the alien 
     entered the United States;
       ``(II) the country in which the alien resided before 
     entering the United States; and
       ``(III) other demographic information specified by the 
     Secretary.

       ``(ii) Privacy protections.--Information described in 
     subclauses (I) through (III) of clause (i), which shall be 
     provided anonymously by the applicant on the application form 
     referred to in paragraph (1), shall be subject to the same 
     confidentiality provisions as those set forth in section 9 of 
     title 13, United States Code.
       ``(iii) Report.--The Secretary shall submit a report to 
     Congress that contains a summary of the statistical data 
     about immigration trends collected pursuant to clause (i).
       ``(B) Family application.--The Secretary shall establish a 
     process through which an alien may submit a single 
     application under this section on behalf of the alien, his or 
     her spouse, and his or her children who are residing in the 
     United States.
       ``(C) Interview.--In order to determine whether an 
     applicant meets the eligibility requirements set forth in 
     subsection (b), the Secretary--
       ``(i) shall interview each applicant who--

       ``(I) has been convicted of any criminal offense;
       ``(II) has previously been deported; or
       ``(III) without just cause, has failed to respond to a 
     notice to appear as required under section 239; and

       ``(ii) may, in the sole discretion of the Secretary, 
     interview any other applicant for registered provisional 
     immigrant status under this section.
                                 ______
                                 
  SA 1623. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike title V of the amendment.
                                 ______
                                 
  SA 1624. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TARGETING TRANSNATIONAL CRIMINAL ORGANIZATIONS THAT 
                   ENGAGE IN MONEY LAUNDERING.

       Section 1956(c)(7) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (E), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (F), by inserting ``or'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(G) any act that is indictable under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), including section 
     274 of such Act (relating to bringing in and harboring 
     certain aliens), section 277 of such Act (relating to aiding 
     or assisting certain aliens to enter the United States), or 
     section 278 of such Act (relating to importation of an alien 
     for an immoral purpose);''.

     SEC. ___. DANGEROUS HUMAN SMUGGLING, HUMAN TRAFFICKING, AND 
                   HUMAN RIGHTS VIOLATIONS.

       (a) Bringing in and Harboring Certain Aliens.--Section 274 
     (8 U.S.C. 1324) is amended--
       (1) in subsection (a)(1)(B)--
       (A) by redesignating clauses (iii) and (iv) as clauses (vi) 
     and (vii), respectively;
       (B) by inserting after clause (ii) the following:
       ``(iii) in the case of a violation of subparagraph (A)(i), 
     (ii), (iii), (iv), or (v) that is the third or subsequent 
     offense committed by such person under this section, be fined 
     under title 18, United States Code, imprisoned not less than 
     5 years and not more than 25 years, or both;
       ``(iv) in the case of a violation of subparagraph (A)(i), 
     (ii), (iii), (iv), or (v) that negligently, recklessly, 
     knowingly, or intentionally results in a victim being 
     involuntarily forced into labor or prostitution, be fined 
     under title 18, United States Code, imprisoned not less than 
     5 years and not more than 25 years, or both;
       ``(v) in the case of a violation of subparagraph 
     (A)(i),(ii),(iii),(iv),or (v) during and in relation to which 
     any person is subjected to an involuntary sexual act (as 
     defined in section 2246(2) of title 18, United States Code), 
     be fined under title 18, United States Code, imprisoned for 
     not less than 5 years and not more than 25 years, or both;'' 
     and
       (C) in clause (vi), as redesignated, by striking inserting 
     ``and not less than 10'' before ``years''; and
       (2) by amending subsection (b)(1) to read as follows:
       ``(1) In general.--Any property, real or personal, involved 
     in or used to facilitate the commission of a violation or 
     attempted violation of subsection (a), the gross proceeds of 
     such violation or attempted violation, and any property 
     traceable to such property or proceeds, shall be seized and 
     subject to forfeiture.''.

     SEC. ___. RESPECT FOR VICTIMS OF HUMAN SMUGGLING.

       (a) Victim Remains.--The Attorney General shall appoint an 
     official to ensure that information regarding missing aliens 
     and unidentified remains found in the covered area are 
     included in a database of the National Missing and 
     Unidentified Persons System.
       (b) Reimbursement.--The Secretary shall reimburse county, 
     municipal, and tribal governments in the United States that 
     are located in the covered area for costs associated with the 
     transportation and processing of unidentified remains, found 
     in the desert or on ranch lands, on the condition that the 
     remains are transferred either to an official medical 
     examiner's office, or a local university with the capacity to 
     analyze human remains using forensic best practices.
       (c) Border Crossing Data.--The National Institute of 
     Justice shall encourage genetic laboratories receiving 
     Federal grant monies to process samples from unidentified 
     remains discovered within the covered area and compare the 
     resulting genetic profiles against samples from the relatives 
     of any missing individual, including those provided by 
     foreign consulates or authorized entities.
       (d) Covered Area Defined.--In this section, the term 
     ``covered area'' means the area of United States within 200 
     miles of the international border between the United States 
     and Mexico.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     the fiscal years 2014 through 2018 to carry out this section.

     SEC. ___. PUTTING THE BRAKES ON HUMAN SMUGGLING ACT.

       (a) Short Title.--This section may be cited as the 
     ``Putting the Brakes on Human Smuggling Act''.
       (b) First Violation.--Paragraph (1) of section 31310(b) of 
     title 49, United States Code, is amended--
       (1) in subparagraph (D), by striking the ``or'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting a semicolon and ``or''; and
       (3) by adding at the end the following:
       ``(F) using a commercial motor vehicle in willfully aiding 
     or abetting an alien's illegal entry into the United States 
     by transporting, guiding, directing, or attempting to assist 
     the alien with the alien's entry in violation of section 275 
     of the Immigration and Nationality Act (8 U.S.C. 1325), 
     regardless of whether the alien is ultimately fined or 
     imprisoned for an act in violation of such section.''.
       (c) Second or Multiple Violations.--Paragraph (1) of 
     section 31310(c) of title 49, United States Code, is 
     amended--
       (1) in subparagraph (E), by striking the ``or'' at the end;
       (2) by redesignating subparagraph (F) as subparagraph (G);
       (3) in subparagraph (G), as so redesignated, by striking 
     ``(E)'' and inserting ``(F)''; and
       (4) by inserting after subparagraph (E) the following:
       ``(F) using a commercial motor vehicle on more than one 
     occasion in willfully aiding or abetting an alien's illegal 
     entry into the United States by transporting, guiding, 
     directing and attempting to assist the alien

[[Page S5081]]

     with alien's entry in violation of section 275 of the 
     Immigration and Nationality Act (8 U.S.C. 1325), regardless 
     of whether the alien is ultimately fined or imprisoned for an 
     act in violation of such section; or''.
       (d) Lifetime Disqualification.--Subsection (d) of section 
     31310 of title 49, United States Code, is amended to read as 
     follows:
       ``(d) Lifetime Disqualification.--The Secretary shall 
     disqualify from operating a commercial motor vehicle for life 
     an individual who uses a commercial motor vehicle--
       ``(1) in committing a felony involving manufacturing, 
     distributing, or dispensing a controlled substance, or 
     possessing with the intent to manufacture, distribute, or 
     dispense a controlled substance; or
       ``(2) in committing an act for which the individual is 
     convicted under--
       ``(A) section 274 of the Immigration and Nationality Act (8 
     U.S.C. 1324); or
       ``(B) section 277 of such Act (8 U.S.C. 1327).''.
       (e) Reporting Requirements.--
       (1) Commercial driver's license information system.--
     Paragraph (1) of section 31309(b) of title 49, United States 
     Code, is amended--
       (A) in subparagraph (E), by striking ``and'' at the end;
       (B) in subparagraph (F), by striking the period at the end 
     and inserting a semicolon and ``and''; and
       (C) by adding at the end the following new subparagraph:
       ``(G) whether the operator was disqualified, either 
     temporarily or for life, from operating a commercial motor 
     vehicle under section 31310, including under subsection 
     (b)(1)(F), (c)(1)(F), or (d) of such section.''.
       (2) Notification by the state.--Paragraph (8) of section 
     31311(a) of title 49, United States Code, is amended by 
     inserting ``including such a disqualification, revocation, 
     suspension, or cancellation made pursuant to a 
     disqualification under subsection (b)(1)(F), (c)(1)(F), or 
     (d) of section 31310,'' after ``60 days,''.

     SEC. ___. FREEZING BANK ACCOUNTS OF INTERNATIONAL CRIMINAL 
                   ORGANIZATIONS AND MONEY LAUNDERERS.

       Section 981(b) of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(5)(A) If a person is arrested or charged in connection 
     with an offense described in subparagraph (C) involving the 
     movement of funds into or out of the United States, the 
     Attorney General may apply to any Federal judge or magistrate 
     judge in the district in which the arrest is made or where 
     the charges are filed for an ex parte order restraining any 
     account held by the person arrested or charged for not more 
     than 30 days, except that such 30-day time period may be 
     extended for good cause shown at a hearing conducted in the 
     manner provided in Rule 43(e) of the Federal Rules of Civil 
     Procedure. The court may receive and consider evidence and 
     information submitted by the Government that would be 
     inadmissible under the Federal Rules of Evidence.
       ``(B) The application for the restraining order referred to 
     in subparagraph (A) shall--
       ``(i) identify the offense for which the person has been 
     arrested or charged;
       ``(ii) identify the location and description of the 
     accounts to be restrained; and
       ``(iii) state that the restraining order is needed to 
     prevent the removal of the funds in the account by the person 
     arrested or charged, or by others associated with such 
     person, during the time needed by the Government to conduct 
     such investigation as may be necessary to establish whether 
     there is probable cause to believe that the funds in the 
     accounts are subject to forfeiture in connection with the 
     commission of any criminal offense.
       ``(C) A restraining order may be issued pursuant to 
     subparagraph (A) if a person is arrested or charged with any 
     offense for which forfeiture is authorized under this title, 
     title 31, or the Controlled Substances Act (21 U.S.C. 801 et 
     seq.).
       ``(D) For purposes of this section--
       ``(i) the term `account' includes any safe deposit box and 
     any account (as defined in paragraphs (1) and (2) of section 
     5318A(e) of title 31, United States Code) at any financial 
     institution; and
       ``(ii) the term `account held by the person arrested or 
     charged' includes an account held in the name of such person, 
     and any account over which such person has effective control 
     as a signatory or otherwise.
       ``(E) Restraint pursuant to this paragraph shall not be 
     deemed a `seizure' for purposes of subsection 983(a) of this 
     title.
       ``(F) A restraining order issued pursuant to this paragraph 
     may be executed in any district in which the subject account 
     is found, or transmitted to the central authority of any 
     foreign State for service in accordance with any treaty or 
     other international agreement.''.

     SEC. ___. CRIMINAL PROCEEDS LAUNDERED THROUGH PREPAID ACCESS 
                   DEVICES, DIGITAL CURRENCIES, OR OTHER SIMILAR 
                   INSTRUMENTS.

       (a) In General.--Section 5312(a) of title 31, United States 
     Code, is amended--
       (1) by striking paragraph (2)(K) and inserting the 
     following:
       ``(K) an issuer, redeemer, or cashier or travelers' checks, 
     checks, money orders, prepaid access devices, digital 
     currencies, or other similar instruments;'';
       (2) in paragraph (3)(B), by inserting ``prepaid access 
     devices,'' after ``delivery,'';
       (3) by redesignating paragraph (6) as paragraph (7); and
       (4) by inserting after paragraph (5) the following:
       ``(6) `prepaid access device' means an electronic device or 
     vehicle, such as a card, plate, code, number, electronic 
     serial number, mobile identification number, personal 
     identification number, or other instrument that provides a 
     portal to funds or the value of funds that have been paid in 
     advance and can be retrievable and transferable at some point 
     in the future.''.
       (b) Gao Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report on--
       (1) the impact the amendments made by subsection (a) has 
     had on law enforcement, the prepaid access industry, and 
     consumers; and
       (2) the implementation and enforcement by the Department of 
     Treasury of the final rule on Definitions and Other 
     Regulations Relating to Prepaid Access (76 Fed. Reg. 45403), 
     issued July 26, 2011.
       (c) Customs and Border Protection Strategy for Prepaid 
     Access Devices.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Commissioner responsible 
     for U.S. Customs and Border Protection, shall submit to 
     Congress a report detailing a strategy to interdict and 
     detect prepaid access devices, digital currencies, or other 
     similar instruments, at border crossings and other ports of 
     entry for the United States. The report shall include an 
     assessment of infrastructure needs to carry out the strategy 
     detailed in the report.

     SEC. ___. FIGHTING MONEY SMUGGLING THROUGH BLANK CHECKS IN 
                   BEARER FORM.

       Section 5316 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(e) Monetary Instruments With Amount Left Blank.--For 
     purposes of this section, a monetary instrument in bearer 
     form that has the amount left blank, such that the amount 
     could be filled in by the bearer, shall be considered to have 
     a value in excess of $10,000 if the instrument was drawn on 
     an account that contained or was intended to contain more 
     than $10,000 at the time the instrument was transported or 
     the time period it was negotiated or was intended to be 
     negotiated.''.

     SEC. ___. CLOSING THE LOOPHOLE ON DRUG CARTEL ASSOCIATES 
                   ENGAGED IN MONEY LAUNDERING.

       (a) Proceeds of a Felony.--Section 1956(c)(1) of title 18, 
     United States Code, is amended by inserting ``, and 
     regardless of whether or not the person knew that the 
     activity constituted a felony'' before the semicolon at the 
     end.
       (b) Intent to Conceal or Disguise.--Section 1956(a) of 
     title 18, United States Code, is amended--
       (1) in paragraph (1)(B), by striking ``(B) knowing that'' 
     and all that follows through ``Federal law,'' and inserting 
     the following:
       ``(B) knowing that the transaction--
       ``(i) conceals or disguises, or is intended to conceal or 
     disguise, the nature, source, location, ownership, or control 
     of the proceeds of some form of unlawful activity; or
       ``(ii) avoids, or is intended to avoid, a transaction 
     reporting requirement under State or Federal law,''; and
       (2) in paragraph (2)(B), by striking ``(B) knowing that'' 
     and all that follows through ``Federal law,'' and inserting 
     the following:
       ``(B) knowing that the monetary instrument or funds 
     involved in the transportation, transmission, or transfer 
     represent the proceeds of some form of unlawful activity, and 
     knowing that such transportation, transmission, or transfer--
       ``(i) conceals or disguises, or is intended to conceal or 
     disguise, the nature, source, location, ownership, or control 
     of the proceeds of some form of unlawful activity; or
       ``(ii) avoids, or is intended to avoid, a transaction 
     reporting requirement under State or Federal law,''.

     SEC. ___. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION; 
                   EMERGENCY AUTHORITY.

       (a) In General.--The United States Sentencing Commission 
     shall review and, if appropriate, amend the Federal 
     sentencing guidelines and policy statements as the Commission 
     considers appropriate to respond to this Act.
       (b) Emergency Authority.--In carrying out subsection (a), 
     the Commission may promulgate amendments to the Federal 
     sentencing guidelines and policy statements in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987 (28 U.S.C. 994 note), as though the 
     authority under that Act had not expired.
                                 ______
                                 
  SA 1625. Ms. LANDRIEU (for herself, Mr. Coats, Mrs. Shaheen, and Mr. 
Franken) submitted an amendment intended to be proposed to amendment SA 
1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       In section 3101 of the amendment, strike subsections (c) 
     and (d), and insert the following:
       (c) Report on Impact of the System on Employers.--Not later 
     than 18 months after the date of the enactment of this Act, 
     the Secretary, in consultation with the Chief

[[Page S5082]]

     Counsel of the Office of Advocacy of the Small Business 
     Administration, shall submit to Congress a report that 
     assesses--
       (1) the implementation of the Employment Verification 
     System established under section 274A(d) of the Immigration 
     and Nationality Act, as amended by subsection (a), by 
     employers;
       (2) any adverse impact on the revenues, business processes, 
     or profitability of employers required to use such System; 
     and
       (3) the economic impact of such System on small businesses.
       (d) Government Accountability Office Study of the Effects 
     of Document Requirements on Employment Authorized Persons and 
     Employers.--
       (1) Study.--The Comptroller General of the United States 
     shall carry out a study of--
       (A) the effects of the documentary requirements of section 
     274A of the Immigration and Nationality Act, as amended by 
     subsection (a), on employers, naturalized United States 
     citizens, nationals of the United States, and individuals 
     with employment authorized status; and
       (B) the challenges such employers, citizens, nationals, or 
     individuals may face in obtaining the documentation required 
     under that section.
       (2) Report.--Not later than 4 years after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report containing the findings of the study 
     carried out under paragraph (1). Such report shall include, 
     at a minimum, the following:
       (A) An assessment of available information regarding the 
     number of working age nationals of the United States and 
     individuals who have employment authorized status who lack 
     documents required for employment by such section 274A.
       (B) A description of the additional steps required for 
     individuals who have employment authorized status and do not 
     possess the documents required by such section 274A to obtain 
     such documents.
       (C) A general assessment of the average financial costs for 
     individuals who have employment authorized status who do not 
     possess the documents required by such section 274A to obtain 
     such documents.
       (D) A general assessment, conducted in consultation with 
     the Chief Counsel of the Office of Advocacy of the Small 
     Business Administration, of the average financial costs and 
     challenges for employers who have been required to 
     participate in the Employment Verification System established 
     by subsection (d) of such section 274A.
       (E) A description of the barriers to individuals who have 
     employment authorized status in obtaining the documents 
     required by such section 274A, including barriers imposed by 
     the executive branch of the Government.
       (F) Any particular challenges facing individuals who have 
     employment authorized status who are members of a federally 
     recognized Indian tribe in complying with the provisions of 
     such section 274A.
       (e) Early Adoption for Small Employers.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall create a mobile 
     application and utilize other available smart-phone 
     technology for employers utilizing the System, to encourage 
     small employers to utilize the System prior to the time at 
     which utilization becomes mandatory for all employers.
       (2) Marketing.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall, in consultation 
     with the Administrator of the Small Business Administration, 
     make available marketing and other incentives to small 
     business concerns to encourage small employers to utilize the 
     System prior to the time at which utilization of the System 
     becomes mandatory for all employers.
                                 ______
                                 
  SA 1626. Ms. LANDRIEU (for herself, Mr. Carper, and Mr. Begich) 
submitted an amendment intended to be proposed to amendment SA 1183 
submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S. 744, 
to provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       In section 1104 of the amendment, insert after subsection 
     (c) the following:
       (d) Donations for Land Ports of Entry Facilities.--
       (1) Donations permitted.--Notwithstanding any other 
     provision of law, including chapter 33 of title 40, United 
     States Code, the Secretary, for purposes of constructing, 
     altering, operating, or maintaining a new or existing land 
     port of entry facility, may accept donations of real and 
     personal property (including monetary donations) and 
     nonpersonal services from private parties and State and local 
     government entities.
       (2) Allowable uses of donations.--The Secretary, with 
     respect to any donation provided pursuant to paragraph (1), 
     may--
       (A) use such property or services for necessary activities 
     related to the construction, alteration, operation, or 
     maintenance of a new or existing land port of entry facility 
     under the custody and control of the Secretary, including 
     expenses related to--
       (i) land acquisition, design, construction, repair and 
     alteration;
       (ii) furniture, fixtures, and equipment;
       (iii) the deployment of technology and equipment; and
       (iv) operations and maintenance; or
       (B) transfer such property or services to the Administrator 
     of General Services for necessary activities described in 
     paragraph (1) related to a new or existing land port of entry 
     facility under the custody and control of the Administrator.
       (3) Evaluation procedures.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary, in 
     consultation with the Administrator, shall establish 
     procedures for evaluating a proposal submitted by any person 
     described in paragraph (1) to make a donation of real or 
     personal property (including monetary donations) or 
     nonpersonal services to facilitate the construction, 
     alteration, operation, or maintenance of a new or existing 
     land port of entry facility under the custody and control of 
     the Secretary.
       (4) Considerations.--In determining whether or not to 
     approve a proposal described in paragraph (3), the Secretary 
     or the Administrator shall consider--
       (A) the impact of the proposal on reducing wait times at 
     that port of entry and other ports of entry on the same 
     border;
       (B) the potential of the proposal to increase trade and 
     travel efficiency through added capacity;
       (C) the potential of the proposal to enhance the security 
     of the port of entry; and
       (D) other factors that the Secretary determines to be 
     relevant.
       (5) Consultation.--
       (A) Locations for new ports of entry.--The Secretary is 
     encouraged to consult with the Secretary of the Interior, the 
     Secretary of Agriculture, the Secretary of State, the 
     International Boundary and Water Commission, and appropriate 
     representatives of States, local governments, Indian tribes, 
     and property owners--
       (i) to determine locations for new ports of entry; and
       (ii) to minimize the adverse impacts from such ports on the 
     environment, historic and cultural resources, commerce, and 
     the quality of life for the communities and residents located 
     near such ports.
       (B) Savings provision.--Nothing in this paragraph may be 
     construed--
       (i) to create any right or liability of the parties 
     described in subparagraph (A); and
       (ii) to affect any consultation requirement under any other 
     law.
       (6) Supplemental funding.--Property (including monetary 
     donations) and services provided pursuant to paragraph (1) 
     may be used in addition to any other funding (including 
     appropriated funds), property, or services made available for 
     the same purpose.
       (7) Unconditional donations.--A donation provided pursuant 
     to paragraph (1) shall be made unconditionally, although the 
     donor may specify--
       (A) the land port of entry facility or facilities to be 
     benefitted from such donation; and
       (B) the timeframe during which the donated property or 
     services shall be used.
       (8) Return of donations.--If the Secretary or the 
     Administrator does not use the property or services donated 
     pursuant to paragraph (1) for the specific land port of entry 
     facility or facilities designated by the donor or within the 
     timeframe specified by the donor, such donated property or 
     services shall be returned to the entity that made the 
     donation. No interest shall be owed to the donor with respect 
     to any donation of funding provided under paragraph (1) that 
     is returned pursuant to this paragraph.
       (9) Report.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary, in consultation with the Administrator, shall 
     submit a report to the congressional committees listed in 
     subparagraph (B) that describes--
       (i) the accepted donations received under this subsection;
       (ii) the ports of entry that received such donations; and
       (iii) how each donation helped facilitate the construction, 
     alteration, operation, or maintenance of a new or existing 
     land port of entry.
       (B) Congressional committees.--The congressional committees 
     listed in this subparagraph are--
       (i) the Committee on Appropriations of the Senate;
       (ii) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (iii) the Committee on Finance of the Senate;
       (iv) the Committee on Appropriations of the House of 
     Representatives;
       (v) the Committee on Homeland Security of the House of 
     Representatives; and
       (vi) the Committee on Ways and Means of the House of 
     Representatives.
       (10) Savings provision.--Nothing in this subsection may be 
     construed to affect or alter the existing authority of the 
     Secretary or the Administrator of General Services to 
     construct, alter, operate, and maintain land port of entry 
     facilities.
                                 ______
                                 
  SA 1627. Ms. LANDRIEU (for herself and Mr. Cochran) submitted an 
amendment intended to be proposed to amendment SA 1183 submitted by Mr. 
Leahy (for himself and Mr. Hatch) to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of section 4806, add the following:

[[Page S5083]]

       (j) Reports.--
       (1) Requirement for reports.--Not later than 90 days after 
     the date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary shall submit to the Committee on 
     the Judiciary and the Committee on Appropriations of the 
     Senate and the Committee on the Judiciary and the Committee 
     on Appropriations of the House of Representatives a report on 
     the EB-5 program carried out pursuant to section 203(b)(5) of 
     the Immigration and Nationality (8 U.S.C. 1153(b)(5)), as 
     amended by this section.
       (2) Content.--Each report required by paragraph (1) shall 
     include the following:
       (A) The number of applications pending for an immigrant 
     visa described in section 203(b)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)(5)), disaggregated by 
     State.
       (B) The period of time each such application has been 
     pending.
       (C) The average length of time required to conduct an 
     economic evaluation of a project and suitability of a 
     petitioner for such a visa and the Secretary's goals for 
     these timeframes.
       (D) A description of any additional resources necessary to 
     efficiently administer the EB-5 program carried out pursuant 
     to such section 203(b)(5).
       (E) The number of applications that have been approved or 
     denied for such a visa in the most recent reporting period 
     with an accompanying explanation of reasons for such approval 
     or denial, disaggregated by State.
       (F) The number of jobs created by such EB-5 program in each 
     180-day period, disaggregated by State.
       (G) The types of projects proposed and the number of aliens 
     granted such a visa in each 180-day period, disaggregated by 
     State and by North American Industry Classification System 
     (NAICS) code.
                                 ______
                                 
  SA 1628. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       After section 3716, insert the following:

     SEC. 3717. COST EFFECTIVENESS IN DETENTION FACILITY 
                   CONTRACTING.

       The Director of U.S. Immigration and Customs Enforcement 
     shall take appropriate measures to minimize, and if possible 
     reduce, the daily bed rate charged to the Federal Government 
     through a competitive process in contracting for or otherwise 
     obtaining detention beds while ensuring that the most recent 
     detention standards, including health standards, and 
     management practices employed by the agency are met.
                                 ______
                                 
  SA 1629. Ms. LANDRIEU (for herself and Mr. Kirk) submitted an 
amendment intended to be proposed to amendment SA 1183 submitted by Mr. 
Leahy (for himself and Mr. Hatch) to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       In title IV of the amendment, insert after section 4224 the 
     following:

     SEC. 4225. SMALL BUSINESS EXPRESS LANE.

       Section 212(n) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)), as amended by section 4231, is amended by 
     adding at the end the following:
       ``(8)(A) The Secretary shall establish a small business 
     express lane for the H-1B visa application process, under 
     which the Secretary--
       ``(i) may waive the fee for premium processing under 
     section 286(u) for a business that--
       ``(I) is considered a small business with not more than 25 
     employees;
       ``(II) is not considered an H-1B dependent employer; and
       ``(III) reports a business income on the tax filings for 
     the previous year of not more than $250,000; and
       ``(ii) shall, to the extent practicable, create or modify 
     an online interface capable of providing real time feedback 
     and error mitigation technology that can be used by small 
     businesses and other employers with the purpose of increasing 
     employer access in streamlining the H-1B visa application 
     process.
       ``(B) The total amount of fees waived during a fiscal year 
     by the Secretary under subparagraph (A)(i) shall be added to 
     the projected cost for the service in the following fiscal 
     year and a revised fee shall be established based on the 
     projected cost.
       ``(C) The Secretary shall, to the extent practicable, 
     create an online interface and mobile application that can be 
     used by small businesses and other employers with the purpose 
     of increasing employer access in streamlining the H-1B visa 
     application process.
       ``(D)(i) The Secretary, in coordination with the 
     Administrator of the Small Business Administration, shall set 
     a goal of not less than 30 percent of H-1B visas being 
     awarded to small businesses.
       ``(ii) Of the goal amount described in clause (i)--
       ``(I) 1/3 of the goal shall be reserved for businesses with 
     not more than 25 employees; and
       ``(II) 2/3 of the goal may be used by businesses with not 
     more than 500 employees.
       ``(iii) The goal described in clause (i) may be modified by 
     the Secretary, in consultation with the Administrator of the 
     Small Business Administration, based on any feedback provided 
     by the Office of Advocacy of the Small Business 
     Administration.
       ``(E) The Bureau of Immigration and Labor Market Research 
     shall submit a report, on an annual basis, to the Committee 
     on the Judiciary of the Senate, the Small Business and 
     Entrepreneurship Committee of the Senate, the Committee on 
     the Judiciary of the House of Representatives, and the Small 
     Business and Entrepreneurship Committee of the House of 
     Representatives that contains--
       ``(i) the total number of H-1B visa applications broken 
     down by business size category and expressed as a percentage 
     of the total--
       ``(I) 0-25 employees;
       ``(II) 26-50 employees;
       ``(III) 50-100 employees;
       ``(IV) 100-500 employees; or
       ``(V) more than 500 employees;
       ``(ii) the total number of H-1B visa applications broken 
     down by North American Industry Classification System (NAICS) 
     Code and expressed as a percentage of the total; and
       ``(iii) the percentage and number of--
       ``(I) small businesses to apply for H-1B visas;
       ``(II) small businesses awarded H-1B visas;
       ``(III) small businesses that used the premium processing 
     service;
       ``(IV) all businesses that used the premium processing 
     service and were awarded H-1B visas; and
       ``(V) all businesses that did not use the premium 
     processing service and were awarded H-1B visas; and
       ``(iv) a longitudinal and graphical view of the small 
     business percentages described in subparagraph (D) and this 
     subparagraph.
       ``(F) Beginning 4 years after the date of enactment of the 
     Border Security, Economic Opportunity, and Immigration 
     Modernization Act, and every 4 years thereafter, as part of 
     the report submitted under subparagraph (E), the Bureau of 
     Immigration and Labor Market Research shall include 
     description of the impact of the application process on the 
     on small business, which shall take into consideration--
       ``(i) the cost to apply for the visas;
       ``(ii) the impact of the fee waiver under subparagraph 
     (A)(i) on small businesses; and
       ``(iii) recommendations for streamlining the application 
     process, including recommended modifications and updates to 
     the online user interface and mobile application.''.
                                 ______
                                 
  SA 1630. Ms. LANDRIEU (for herself, Ms. Hirono, and Mr. Franken) 
submitted an amendment intended to be proposed to amendment SA 1183 
submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S. 744, 
to provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. BEST INTEREST OF THE CHILD.

       (a) In General.--In all procedures and decisions concerning 
     unaccompanied alien children that are made by a Federal 
     agency or a Federal court pursuant to the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) or regulations 
     implementing the Act, the best interests of the child shall 
     be a primary consideration.
       (b) Determinations Related to Section 101(a)(27)(J) of the 
     Immigration and Nationality Act.--Best interests 
     determinations made in administrative or judicial proceedings 
     described in section 101(a)(27)(J) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)(J)) shall be conclusive 
     in assessing the best interests of the child under this 
     section.
       (c) Factors.--In assessing the best interests of the child, 
     the entities referred to in subsection (a) shall consider, in 
     the context of the child's age and maturity, the following 
     factors:
       (1) The views of the child.
       (2) The safety and security considerations of the child.
       (3) The mental and physical health of the child.
       (4) The parent-child relationship and family unity, and the 
     potential effect of separating the child from the child's 
     parent or legal guardian, siblings, and other members of the 
     child's extended biological family.
       (5) The child's sense of security, familiarity, and 
     attachments.
       (6) The child's well-being, including the need of the child 
     for education and support related to child development.
       (7) The child's ethnic, religious, and cultural and 
     linguistic background.
                                 ______
                                 
  SA 1631. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON WAIVER OF SMALL BUSINESS PROCUREMENT 
                   PROVISIONS.

       Part 19 of the Federal Acquisition Regulation, section 15 
     of the Small Business Act (15 U.S.C. 644), and any other 
     applicable laws or

[[Page S5084]]

     regulations establishing procurement requirements relating to 
     small business concerns (as defined in section 3 of the Small 
     Business Act (15 U.S.C. 632)) may not be waived with respect 
     to any contract awarded under any program or other authority 
     under this Act or an amendment made by this Act, other than 
     as provided under subsection (a)(2) or (c) of section 2108 of 
     this Act.
                                 ______
                                 
  SA 1632. Ms. LANDRIEU (for herself and Mr. Moran) submitted an 
amendment intended to be proposed to amendment SA 1183 submitted by Mr. 
Leahy (for himself and Mr. Hatch) to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle A of title IV of the amendment, 
     insert the following:

     SEC. 4106. ADDITIONAL REQUIREMENTS FOR STEM EDUCATION 
                   PROGRAMS.

       (a) Low-income STEM Scholarship Program.--For purposes of 
     paragraph (3)(B) of 286(s) of the Immigration and Nationality 
     Act, as added by section 4104(b), the Director of the 
     National Science Foundation shall consider veterans to be an 
     underrepresented group.
       (b) National Evaluation.--In conducting the annual 
     evaluation of the implementation and impact of the activities 
     funded by the STEM Education and Training Account under 
     section 4104(d), the Secretary of Education shall include an 
     assessment of--
       (1) engagement in STEM fields of underrepresented groups 
     such as women and minorities; and
       (2) achievement in STEM fields of underrepresented groups 
     such as women and minorities.
       (c) Identifying and Disseminating Best Practices.--The 
     Secretary of Education shall, directly or through a grant or 
     contract, identify State best practices with respect to STEM 
     education and share that information broadly.

     SEC. 4107. USE OF H-1B VISA FEES.

       (a) In General.--Section 214(c)(9)(C) (8 U.S.C. 
     1184(c)(9)(C)) is amended to read as follows:
       ``(C) Fees collected under this paragraph shall be 
     deposited in the Treasury as follows:
       ``(i) Until the amount collected for a fiscal year under 
     this paragraph equals $275,000,000, in the H-1B Nonimmigrant 
     Petitioner Account for use in accordance with section 286(s).
       ``(ii) After the amount collected for a fiscal year under 
     this paragraph exceeds $275,000,000--
       ``(I) 5 percent shall be deposited in the H-1B Nonimmigrant 
     Petitioner Account for use as described in paragraph (5) of 
     section 286(s);
       ``(II) 5 percent shall be deposited in the H-1B 
     Nonimmigrant Petitioner Account for use as described in 
     paragraph (6) of section 286(s); and
       ``(III) 90 percent shall be deposited in the STEM Education 
     and Training Account for use as described in section 
     286(w).''.
       (b) Conforming Amendment.--Section 286(s)(1) (8 U.S.C. 
     1356(s)(1)) is amended by striking ``collected under 
     paragraphs (9) and (11) of section 214(c).'' and inserting 
     ``described in clause (i), (ii)(I), and (ii)(II) of paragraph 
     (9)(C) of section 214(c) and collected under paragraph (11) 
     of such section.''.
                                 ______
                                 
  SA 1633. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title IV of the amendment, 
     insert the following:

     SEC. 4106. ADDITIONAL REQUIREMENTS FOR STEM EDUCATION 
                   PROGRAMS.

       (a) Low-income STEM Scholarship Program.--For purposes of 
     paragraph (3)(B) of 286(s) of the Immigration and Nationality 
     Act, as added by section 4104(b), the Director of the 
     National Science Foundation shall consider veterans to be an 
     underrepresented group.
       (b) National Evaluation.--In conducting the annual 
     evaluation of the implementation and impact of the activities 
     funded by the STEM Education and Training Account under 
     section 4104(d), the Secretary of Education shall include an 
     assessment of--
       (1) engagement in STEM fields of underrepresented groups 
     such as women and minorities; and
       (2) achievement in STEM fields of underrepresented groups 
     such as women and minorities.
       (c) Identifying and Disseminating Best Practices.--The 
     Secretary of Education shall, directly or through a grant or 
     contract, identify State best practices with respect to STEM 
     education and share that information broadly.
                                 ______
                                 
  SA 1634. Mr. PORTMAN (for himself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 1183 submitted by Mr. 
Leahy (for himself and Mr. Hatch) to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EMPLOYMENT VERIFICATION SYSTEM IMPROVEMENTS.

       (a) Trigger.--In addition to the conditions set forth in 
     section 3(c)(2)(A), the Secretary may not adjust the status 
     of aliens who have been granted registered provisional 
     immigrant status, except for aliens granted blue card status 
     under section 2201 of this Act or described in section 
     245D(b) of the Immigration and Nationality Act, unless the 
     Secretary, after consultation with the Comptroller General of 
     the United States, and as part of the written certification 
     submitted to the President and Congress pursuant to section 
     3(c)(2)(A), certifies that the Secretary has implemented the 
     mandatory employment verification system, including the full 
     incorporation of the photo tool and additional security 
     measures, required by section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a), as amended by section 3101, 
     and has required the system's use by all employers to prevent 
     unauthorized workers from obtaining employment in the United 
     States.
       (b) Employment Verification System.--Section 274A (8 U.S.C. 
     1324a), as amended by section 3101, is further amended--
       (1) in subsection (a)(5)(A)(ii), by inserting ``, by clear 
     and convincing evidence,'' after demonstrates; and
       (2) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Document Verification Requirements.--Any employer 
     hiring an individual for employment in the United States 
     shall comply with the following requirements and the 
     requirements under subsection (d) to verify that the 
     individual has employment authorized status.
       ``(1) Attestation after examination of documentation.--
       ``(A) In general.--
       ``(i) Examination by employer.--An employer shall attest, 
     under penalty of perjury on a form prescribed by the 
     Secretary, that the employer has verified the identity and 
     employment authorization status of the individual--

       ``(I) by examining--

       ``(aa) a document specified in subparagraph (C); or
       ``(bb) a document specified in subparagraph (D) and a 
     document specified in subparagraph (E); and

       ``(II) by utilizing an identity authentication mechanism 
     described in clause (iii) or (iv) of subparagraph (F).

       ``(ii) Publication of documents.--The Secretary shall 
     publish a picture of each document specified in subparagraphs 
     (C) and (E) on the U.S. Citizenship and Immigration Services 
     website.
       ``(B) Requirements.--
       ``(i) Form.--The form referred to in subparagraph (A)(i)--

       ``(I) shall be prescribed by the Secretary not later than 6 
     months after the date of the enactment of the Border 
     Security, Economic Opportunity, and Immigration Modernization 
     Act;
       ``(II) shall be available as--

       ``(aa) a paper form;
       ``(bb) a form that may be completed by an employer via 
     telephone or video conference;
       ``(cc) an electronic form; and
       ``(dd) a form that is integrated electronically with the 
     requirements under subparagraph (F) and subsection (d).
       ``(ii) Attestation.--Each such form shall require the 
     employer to sign an attestation with a handwritten, 
     electronic, or digital signature, according to standards 
     prescribed by the Secretary.
       ``(iii) Compliance.--An employer has complied with the 
     requirements under this paragraph with respect to examination 
     of the documents included in subclauses (I) and (II) of 
     subparagraph (A)(i) if--

       ``(I) the employer has, in good faith, followed applicable 
     regulations and any written procedures or instructions 
     provided by the Secretary; and
       ``(II) a reasonable person would conclude that the 
     documentation is genuine and relates to the individual 
     presenting such documentation.

       ``(C) Documents establishing identity and employment 
     authorized status.--A document is specified in this 
     subparagraph if the document is unexpired (unless the 
     validity of the document is extended by law) and is 1 of the 
     following:
       ``(i) A United States passport or passport card issued to 
     an individual pursuant to the Secretary of State's authority 
     under the Act entitled An Act to regulate the issue and 
     validity of passports, and for other purposes, approved July 
     3, 1926 (22 U.S.C. 211a).
       ``(ii) A document issued to an alien evidencing that the 
     alien is lawfully admitted for permanent residence or another 
     document issued to an individual evidencing the individual's 
     employment authorized status, as designated by the Secretary, 
     if the document--

       ``(I) contains a photograph of the individual, or such 
     other personal identifying information relating to the 
     individual as the Secretary determines, by regulation, to be 
     sufficient for the purposes of this subparagraph;
       ``(II) is evidence of employment authorized status; and
       ``(III) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use.

       ``(iii) An enhanced driver's license or identification card 
     issued to a national of the

[[Page S5085]]

     United States by a State, an outlying possession of the 
     United States, or a federally recognized Indian tribe that--

       ``(I) meets the requirements under section 202 of the REAL 
     ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 
     30301 note); and
       ``(II) the Secretary has certified by notice published in 
     the Federal Register and through appropriate notice directly 
     to employers registered in the System 3 months prior to 
     publication that such enhanced license or card is suitable 
     for use under this subparagraph based upon the accuracy and 
     security of the issuance process, security features on the 
     document, and such other factors as the Secretary may 
     prescribe.

       ``(iv) A passport issued by the appropriate authority of a 
     foreign country accompanied by a Form I-94 or Form I-94A (or 
     similar successor record), or other documentation as 
     designated by the Secretary that specifies the individual's 
     status in the United States and the duration of such status 
     if the proposed employment is not in conflict with any 
     restriction or limitation specified on such form or 
     documentation.
       ``(v) A passport issued by the Federated States of 
     Micronesia or the Republic of the Marshall Islands with 
     evidence of nonimmigrant admission to the United States under 
     the Compact of Free Association between the United States and 
     the Federated States of Micronesia or the Republic of the 
     Marshall Islands.
       ``(D) Documents establishing identity of individual.--A 
     document is specified in this subparagraph if the document is 
     unexpired (unless the validity of the document is extended by 
     law) and is 1 of the following:
       ``(i) A driver's license or identity card that is not 
     described in subparagraph (C)(iii) and is issued to an 
     individual by a State or an outlying possession of the United 
     States, a federally recognized Indian tribe, or an agency 
     (including military) of the Federal Government if the 
     driver's license or identity card includes, at a minimum--

       ``(I) the individual's photograph, name, date of birth, 
     gender, and driver's license or identification card number; 
     and
       ``(II) security features to make the license or card 
     resistant to tampering, counterfeiting, and fraudulent use.

       ``(ii) A voter registration card.
       ``(iii) A document that complies with the requirements 
     under section 7209(b)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; 8 
     U.S.C. 1185 note).
       ``(iv) For individuals under 18 years of age who are unable 
     to present a document listed in clause (i) or (ii), 
     documentation of personal identity of such other type as the 
     Secretary determines will provide a reliable means of 
     identification, which may include an attestation as to the 
     individual's identity by a parent or legal guardian under 
     penalty of perjury.
       ``(E) Documents evidencing employment authorization.--A 
     document is specified in this subparagraph if the document is 
     unexpired (unless the validity of the document is extended by 
     law) and is 1 of the following:
       ``(i) A social security account number card issued by the 
     Commissioner, other than a card which specifies on its face 
     that the card is not valid to evidence employment authorized 
     status or has other similar words of limitation.
       ``(ii) Any other documentation evidencing employment 
     authorized status that the Secretary determines and publishes 
     in the Federal Register and through appropriate notice 
     directly to employers registered within the System to be 
     acceptable for purposes of this subparagraph if such 
     documentation, including any electronic security measures 
     linked to such documentation, contains security features to 
     make such documentation resistant to tampering, 
     counterfeiting, and fraudulent use.
       ``(F) Identity authentication mechanism.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Covered identity document.--The term `covered 
     identity document' means a valid--

       ``(aa) United States passport, passport card, or a document 
     evidencing lawful permanent residence status or employment 
     authorized status issued to an alien;
       ``(bb) enhanced driver's license or identity card issued by 
     a participating State or an outlying possession of the United 
     States; or
       ``(cc) photograph and appropriate identifying information 
     provided by the Secretary of State pursuant to the granting 
     of a visa.

       ``(II) Participating state.--The term `participating State' 
     means a State that has an agreement with the Secretary to 
     provide the Secretary, for purposes of identity verification 
     in the System, with photographs and appropriate identifying 
     information maintained by the State.

       ``(ii) Requirement for identity authentication.--In 
     addition to verifying the documents specified in subparagraph 
     (C), (D), or (E), the System shall require each employer to 
     verify the identity of each new hire using the identity 
     authentication mechanism described in clause (iii) or, for an 
     individual whose identity is not able to be verified using 
     that mechanism, to use the additional security measures 
     provided in clause (iv) after such measures become available. 
     A failure of the System to verify the identity of an 
     individual due to the use of an identity authentication 
     mechanism shall result in a further action notice under 
     subsection (d)(4)(C)(iii).
       ``(iii) Photo tool.--

       ``(I) Use requirement.--An employer that hires an 
     individual who has a presented a covered identity document to 
     establish his or her identity and employment authorization 
     under subsection (c) shall verify the identity of such 
     individual using the photo tool described in subclause (II).
       ``(II) Development requirement.--The Secretary shall 
     develop and maintain a photo tool that enables employers to 
     match the photo on a covered identity document provided to 
     the employer to a photo maintained by a U.S. Citizenship and 
     Immigration Services or other appropriate database.
       ``(III) Individual queries.--The photo tool capability 
     shall be incorporated into the System and made available to 
     employers not later than 1 year after the date on which 
     regulations are published implementing subsection (d).
       ``(IV) Limitations on use of information.--Information and 
     images acquired from State motor vehicle databases through 
     the photo tool developed under subclause (II)--

       ``(aa) may only be used for matching photos to a covered 
     identity document for the purposes of employment 
     verification;
       ``(bb) shall not be collected or stored by the Federal 
     Government; and
       ``(cc) may only be disseminated in response to an 
     individual photo tool query.
       ``(iv) Additional security measures.--

       ``(I) Use requirement.--An employer seeking to hire an 
     individual whose identity is not able to be verified using 
     the photo tool described in clause (iii), because the 
     employee did not present a covered document for employment 
     eligibility verification purposes, shall verify the identity 
     of such individual using the additional security measures 
     described in subclause (II).
       ``(II) Development requirement.--The Secretary shall 
     develop, after publication in the Federal Register and an 
     opportunity for public comment, specific and effective 
     additional security measures to adequately verify the 
     identity of an individual whose identity is not able to be 
     verified using the photo tool described in clause (iii). Such 
     additional security measures--

       ``(aa) shall be kept up-to-date with technological 
     advances;
       ``(bb) shall provide a means of identity authentication in 
     a manner that provides a high level of certainty as to the 
     identity of such individual, using immigration and 
     identifying information that may include review of identity 
     documents or background screening verification techniques 
     using publicly available information; and
       ``(cc) shall be incorporated into the System and made 
     available to employers not later than 1 year after the date 
     on which regulations are published implementing subsection 
     (d).

       ``(III) Comprehensive use.--An employer may employ the 
     additional security measures set forth in this clause with 
     respect to all individuals the employer hires if the employer 
     notifies the Secretary of such election at the time the 
     employer registers for use of the System under subsection 
     (d)(4)(A)(i) or anytime thereafter. An election under this 
     subclause may be withdrawn 90 days after the employer 
     notifies the Secretary of the employer's intent to 
     discontinue such election.

       ``(v) Automated verification.--The Secretary--

       ``(I) may establish a program, in addition to the identity 
     authentication mechanism described in subparagraph (F)(iii), 
     in which the System automatically verifies information 
     contained in a covered identity document issued by a 
     participating State, which is presented under subparagraph 
     (D)(i), including information needed to verify that the 
     covered identity document matches the State's records;
       ``(II) may not maintain information provided by a 
     participating State in a database maintained by U.S. 
     Citizenship and Immigration Services; and
       ``(III) may not utilize or disclose such information, 
     except as authorized under this section.

       ``(G) Authority to prohibit use of certain documents.--If 
     the Secretary determines, after publication in the Federal 
     Register and an opportunity for public comment, that any 
     document or class of documents specified in subparagraph (B), 
     (C), or (D) does not reliably establish identity or that 
     employment authorized status is being used fraudulently to an 
     unacceptable degree, the Secretary--
       ``(i) may prohibit or restrict the use of such document or 
     class of documents for purposes of this subsection; and
       ``(ii) shall directly notify all employers registered 
     within the System of the prohibition through appropriate 
     means.
       ``(H) Authority to allow use of certain documents.--If the 
     Secretary has determined that another document or class of 
     documents, such as a document issued by a federally 
     recognized Indian tribe, may be used to reliably establish 
     identity or employment authorized status, the Secretary--
       ``(i) may allow the use of that document or class of 
     documents for purposes of this subsection after publication 
     in the Federal Register and an opportunity for public 
     comment;
       ``(ii) shall publish a description of any such document or 
     class of documents on the U.S. Citizenship and Immigration 
     Services website; and
       ``(iii) shall directly notify all employers registered 
     within the System of the addition through appropriate means.
       ``(2) Individual attestation of employment authorization.--
     An individual, upon

[[Page S5086]]

     commencing employment with an employer, shall--
       ``(A) attest, under penalty of perjury, on the form 
     prescribed by the Secretary, that the individual is--
       ``(i) a citizen of the United States;
       ``(ii) an alien lawfully admitted for permanent residence;
       ``(iii) an alien who has employment authorized status; or
       ``(iv) otherwise authorized by the Secretary to be hired 
     for such employment;
       ``(B) provide such attestation by a handwritten, 
     electronic, or digital signature; and
       ``(C) provide the individual's social security account 
     number to the Secretary, unless the individual has not yet 
     been issued such a number, on such form as the Secretary may 
     require.
       ``(3) Retention of verification record.--
       ``(A) In general.--After completing a form for an 
     individual in accordance with paragraphs (1) and (2), the 
     employer shall retain a version of such completed form and 
     make such form available for inspection by the Secretary or 
     the Office of Special Counsel for Immigration-Related Unfair 
     Employment Practices of the Department of Justice during the 
     period beginning on the hiring date of the individual and 
     ending on the later of--
       ``(i) the date that is 3 years after such hiring date; or
       ``(ii) the date that is 1 year after the date on which the 
     individual's employment with the employer is terminated.
       ``(B) Requirement for electronic retention.--The 
     Secretary--
       ``(i) shall permit an employer to retain the form described 
     in subparagraph (A) in electronic form; and
       ``(ii) shall permit an employer to retain such form in 
     paper, microfiche, microfilm, portable document format, or 
     other media.
       ``(4) Copying of documentation and recordkeeping.--The 
     Secretary may promulgate regulations regarding--
       ``(A) copying documents and related information pertaining 
     to employment verification presented by an individual under 
     this subsection; and
       ``(B) retaining such information during a period not to 
     exceed the required retention period set forth in paragraph 
     (3).
       ``(5) Penalties.--An employer that fails to comply with any 
     requirement under this subsection may be penalized under 
     subsection (e)(4)(B).
       ``(6) Protection of civil rights.--
       ``(A) In general.--Nothing in this section may be construed 
     to diminish any rights otherwise protected by Federal law.
       ``(B) Prohibition on discrimination.--An employer shall use 
     the procedures for document verification set forth in this 
     paragraph for all employees without regard to race, color, 
     religion, sex, national origin, or, unless specifically 
     permitted in this section, to citizenship status.
       ``(7) Receipts.--The Secretary may authorize the use of 
     receipts for replacement documents, and temporary evidence of 
     employment authorization by an individual to meet a 
     documentation requirement under this subsection on a 
     temporary basis not to exceed 1 year, after which time the 
     individual shall provide documentation sufficient to satisfy 
     the documentation requirements under this subsection.
       ``(8) No authorization of national identification cards.--
     Nothing in this section may be construed to directly or 
     indirectly authorize the issuance, use, or establishment of a 
     national identification card.
       ``(d) Employment Verification System.--
       ``(1) In general.--
       ``(A) Establishment.--The Secretary, in consultation with 
     the Commissioner, shall establish the Employment Verification 
     System.
       ``(B) Monitoring.--The Secretary shall create the necessary 
     processes to monitor--
       ``(i) the functioning of the System, including the volume 
     of the workflow, the speed of processing of queries, the 
     speed and accuracy of responses;
       ``(ii) the misuse of the System, including the prevention 
     of fraud or identity theft;
       ``(iii) whether the use of the System results in wrongful 
     adverse actions or discrimination based upon a prohibited 
     factor against citizens or nationals of the United States or 
     individuals who have employment authorized status; and
       ``(iv) the security, integrity, and privacy of the System.
       ``(C) Procedures.--The Secretary--
       ``(i) shall create processes to provide an individual with 
     direct access to the individual's case history in the System, 
     including--

       ``(I) the identities of all persons or entities that have 
     queried the individual through the System;
       ``(II) the date of each such query; and
       ``(III) the System response for each such query; and

       ``(ii) in consultation with the Commissioner, shall 
     develop--

       ``(I) protocols to notify an individual, in a timely manner 
     through the use of electronic correspondence or mail, that a 
     query for the individual has been processed through the 
     System; or
       ``(II) a process for the individual to submit additional 
     queries to the System or notify the Secretary of potential 
     identity fraud.

       ``(2) Participation requirements.--
       ``(A) Federal government.--Except as provided in 
     subparagraph (B), all agencies and departments in the 
     executive, legislative, or judicial branches of the Federal 
     Government shall participate in the System beginning on the 
     earlier of--
       ``(i) the date of the enactment of the Border Security, 
     Economic Opportunity, and Immigration Modernization Act, to 
     the extent required under section 402(e)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1324a) and as 
     already implemented by each agency or department; or
       ``(ii) the date that is 90 days after the date of the 
     enactment of the Border Security, Economic Opportunity, and 
     Immigration Modernization Act.
       ``(B) Federal contractors.--Federal contractors shall 
     participate in the System as provided in the final rule 
     relating to employment eligibility verification published in 
     the Federal Register on November 14, 2008 (73 Fed. Reg. 
     67,651), or any similar subsequent regulation, for which 
     purpose references to E-Verify in the final rule shall be 
     construed to apply to the System.
       ``(C) Critical infrastructure.--
       ``(i) In general.--Beginning on the date that is 1 year 
     after the date on which regulations are published 
     implementing this subsection, the Secretary may authorize or 
     direct any employer, person, or entity responsible for 
     granting access to, protecting, securing, operating, 
     administering, or regulating part of the critical 
     infrastructure (as defined in section 1016(e) of the Critical 
     Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e))) 
     to participate in the System to the extent the Secretary 
     determines that such participation will assist in the 
     protection of the critical infrastructure.
       ``(ii) Notification to employers.--The Secretary shall 
     notify an employer required to participate in the System 
     under this subparagraph not later than 90 days before the 
     date on which the employer is required to participate.
       ``(D) Employers with more than 10,000 employees.--Not later 
     than 1 year after regulations are published implementing this 
     subsection, all employers with more than 10,000 employees 
     shall participate in the System with respect to all newly 
     hired employees and employees with expiring temporary 
     employment authorization documents.
       ``(E) Employers with more than 500 employees.--Not later 
     than 2 years after regulations are published implementing 
     this subsection, all employers with more than 500 employees 
     shall participate in the System with respect to all newly 
     hired employees and employees with expiring temporary 
     employment authorization documents.
       ``(F) Employers with more than 20 employees.--Not later 
     than 3 years after regulations are published implementing 
     this subsection, all employers with more than 20 employees 
     shall participate in the System with respect to all newly 
     hired employees and employees with expiring temporary 
     employment authorization documents.
       ``(G) Agricultural employment.--Not later than 4 years 
     after regulations are published implementing this subsection, 
     employers of employees performing agricultural employment (as 
     defined in section 218A of this Act and section 2202 of the 
     Border Security, Economic Opportunity, and Immigration 
     Modernization Act) shall participate in the System with 
     respect to all newly hired employees and employees with 
     expiring temporary employment authorization documents. An 
     agricultural employee shall not be counted for purposes of 
     subparagraph (D), (E), or (F).
       ``(H) All employers.--Not later than 4 years after 
     regulations are published implementing this subsection, all 
     employers shall participate in the System with respect to all 
     newly hired employees and employees with expiring temporary 
     employment authorization documents.
       ``(I) Tribal government employers.--
       ``(i) Rulemaking.--In developing regulations to implement 
     this subsection, the Secretary shall--

       ``(I) consider the effects of this section on federally 
     recognized Indian tribes and tribal members; and
       ``(II) consult with the governments of federally recognized 
     Indian tribes.

       ``(ii) Required participation.--Not later than 4 years 
     after regulations are published implementing this subsection, 
     all employers owned by, or entities of, the government of a 
     federally recognized Indian tribe shall participate in the 
     System with respect to all newly hired employees and 
     employees with expiring temporary employment authorization 
     documents.
       ``(J) Immigration law violators.--
       ``(i) Orders finding violations.--An order finding any 
     employer to have violated this section or section 274C may, 
     in the Secretary's discretion, require the employer to 
     participate in the System with respect to newly hired 
     employees and employees with expiring temporary employment 
     authorization documents, if such employer is not otherwise 
     required to participate in the System under this section. The 
     Secretary shall monitor such employer's compliance with 
     System procedures.
       ``(ii) Pattern or practice of violations.--The Secretary 
     may require an employer that is required to participate in 
     the System with respect to newly hired employees to 
     participate in the System with respect to the employer's 
     current employees if the employer is determined by the 
     Secretary or other appropriate authority to have engaged in a 
     pattern or practice of violations of the immigration laws of 
     the United States.
       ``(K)  Voluntary participation.--The Secretary may permit 
     any employer that is not

[[Page S5087]]

     required to participate in the System under this section to 
     do so on a voluntary basis.
       ``(3) Consequence of failure to participate.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the failure, other than a de minimis or inadvertent failure, 
     of an employer that is required to participate in the System 
     to comply with the requirements of the System with respect to 
     an individual--
       ``(i) shall be treated as a violation of subsection 
     (a)(1)(B) with respect to that individual; and
       ``(ii) creates a rebuttable presumption that the employer 
     has violated paragraph (1)(A) or (2) of subsection (a).
       ``(B) Exception.--
       ``(i) In general.--Subparagraph (A) shall not apply in a 
     criminal prosecution.
       ``(ii) Use as evidence.--Nothing in this paragraph may be 
     construed to limit the use in the prosecution of a Federal 
     crime, in a manner otherwise consistent with Federal criminal 
     law and procedure, of evidence relating to the employer's 
     failure to comply with requirements of the System.
       ``(4) Procedures for participants in the system.--
       ``(A) In general.--An employer participating in the System 
     shall register such participation with the Secretary and, 
     when hiring any individual for employment in the United 
     States, shall comply with the following:
       ``(i) Registration of employers.--The Secretary, through 
     notice in the Federal Register, shall prescribe procedures 
     that employers shall be required to follow to register with 
     the System.
       ``(ii) Updating information.--The employer is responsible 
     for providing notice of any change to the information 
     required under subclauses (I), (II), and (III) of clause (v) 
     before conducting any further inquiries within the System, or 
     on such other schedule as the Secretary may prescribe.
       ``(iii) Training.--The Secretary shall require employers to 
     undergo such training as the Secretary determines to be 
     necessary to ensure proper use, protection of civil rights 
     and civil liberties, privacy, integrity, and security of the 
     System. To the extent practicable, such training shall be 
     made available electronically on the U.S. Citizenship and 
     Immigration Services website.
       ``(iv) Notification to employees.--The employer shall 
     inform individuals hired for employment that the System--

       ``(I) will be used by the employer;
       ``(II) may be used for immigration enforcement purposes; 
     and
       ``(III) may not be used to discriminate or to take adverse 
     action against a national of the United States or an alien 
     who has employment authorized status.

       ``(v) Provision of additional information.--The employer 
     shall obtain from the individual (and the individual shall 
     provide) and shall record in such manner as the Secretary may 
     specify--

       ``(I) the individual's social security account number;
       ``(II) if the individual does not attest to United States 
     citizenship or status as a national of the United States 
     under subsection (c)(2), such identification or authorization 
     number established by the Department as the Secretary shall 
     specify; and
       ``(III) such other information as the Secretary may require 
     to determine the identity and employment authorization of an 
     individual.

       ``(vi) Presentation of documentation.--The employer, and 
     the individual whose identity and employment authorized 
     status are being confirmed, shall fulfill the requirements 
     under subsection (c).
       ``(B) Seeking confirmation.--
       ``(i) In general.--An employer shall use the System to 
     confirm the identity and employment authorized status of any 
     individual during--

       ``(I) the period beginning on the date on which the 
     individual accepts an offer of employment and ending 3 
     business days after the date on which employment begins; or
       ``(II) such other reasonable period as the Secretary may 
     prescribe.

       ``(ii) Limitation.--An employer may not make the starting 
     date of an individual's employment or training or any other 
     term and condition of employment dependent on the receipt of 
     a confirmation of identity and employment authorized status 
     by the System.
       ``(iii) Reverification.--If an individual has a limited 
     period of employment authorized status, the individual's 
     employer shall reverify such status through the System not 
     later than 3 business days after the last day of such period.
       ``(iv) Other employment.--For employers directed by the 
     Secretary to participate in the System under paragraph 
     (2)(C)(i) to protect critical infrastructure or otherwise 
     specified circumstances in this section to verify their 
     entire workforce, the System may be used for initial 
     verification of an individual who was hired before the 
     employer became subject to the System, and the employer shall 
     initiate all required procedures on or before such date as 
     the Secretary shall specify.
       ``(v) Notification.--

       ``(I) In general.--The Secretary shall provide, and the 
     employer shall utilize, as part of the System, a method of 
     notifying employers of a confirmation or nonconfirmation of 
     an individual's identity and employment authorized status, or 
     a notice that further action is required to verify such 
     identity or employment eligibility (referred to in this 
     subsection as a further action notice).
       ``(II) Procedures.--The Secretary shall--

       ``(aa) directly notify the individual and the employer, by 
     means of electronic correspondence, mail, text message, 
     telephone, or other direct communication, of a 
     nonconfirmation or further action notice;
       ``(bb) provide information about filing an administrative 
     appeal under paragraph (6) and a filing for review before an 
     administrative law judge under paragraph (7); and
       ``(cc) establish procedures to directly notify the 
     individual and the employer of a confirmation.

       ``(III) Implementation.--The Secretary may provide for a 
     phased-in implementation of the notification requirements 
     under this clause, as appropriate. The notification system 
     shall cover all inquiries not later than 1 year from the date 
     of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act.

       ``(C) Confirmation or nonconfirmation.--
       ``(i) Initial response.--

       ``(I) In general.--Except as provided in subclause (II), 
     the System shall provide--

       ``(aa) a confirmation of an individual's identity and 
     employment authorized status or a further action notice at 
     the time of the inquiry; and
       ``(bb) an appropriate code indicating such confirmation or 
     such further action notice.

       ``(II) Alternative deadline.--If the System is unable to 
     provide immediate confirmation or further action notice for 
     technological reasons or due to unforeseen circumstances, the 
     System shall provide a confirmation or further action notice 
     not later than 3 business days after the initial inquiry.

       ``(ii) Confirmation upon initial inquiry.--If the employer 
     receives an appropriate confirmation of an individual's 
     identity and employment authorized status under the System, 
     the employer shall record the confirmation in such manner as 
     the Secretary may specify.
       ``(iii) Further action notice and later confirmation or 
     nonconfirmation.--

       ``(I) Notification and acknowledgment that further action 
     is required.--Not later than 3 business days after an 
     employer receives a further action notice of an individual's 
     identity or employment eligibility under the System, or 
     during such other reasonable time as the Secretary may 
     prescribe, the employer shall notify the individual for whom 
     the confirmation is sought of the further action notice and 
     any procedures specified by the Secretary for addressing such 
     notice. The further action notice shall be given to the 
     individual in writing and the employer shall acknowledge in 
     the System under penalty of perjury that it provided the 
     employee with the further action notice. The individual shall 
     affirmatively acknowledge in writing, or in such other manner 
     as the Secretary may specify, the receipt of the further 
     action notice from the employer. If the individual refuses to 
     acknowledge the receipt of the further action notice, or 
     acknowledges in writing that the individual will not contest 
     the further action notice under subclause (II), the employer 
     shall notify the Secretary in such manner as the Secretary 
     may specify.
       ``(II) Contest.--Not later than 10 business days after 
     receiving notification of a further action notice under 
     subclause (I), the individual shall contact the appropriate 
     Federal agency and, if the Secretary so requires, appear in 
     person for purposes of verifying the individual's identity 
     and employment eligibility. The Secretary, in consultation 
     with the Commissioner and other appropriate Federal agencies, 
     shall specify an available secondary verification procedure 
     to confirm the validity of information provided and to 
     provide a confirmation or nonconfirmation. Any procedures for 
     reexamination shall not limit in any way an employee's right 
     to appeal a nonconfirmation.
       ``(III) No contest.--If the individual refuses to 
     acknowledge receipt of the further action notice, 
     acknowledges that the individual will not contest the further 
     action notice as provided in subclause (I), or does not 
     contact the appropriate Federal agency within the period 
     specified in subclause (II), following expiration of the 
     period specified in subclause (II), a nonconfirmation shall 
     be issued. The employer shall record the nonconfirmation in 
     such manner as the Secretary may specify and terminate the 
     individual's employment. An individual's failure to contest a 
     further action notice shall not be considered an admission of 
     guilt with respect to any violation of this section or any 
     provision of law.
       ``(IV) Confirmation or nonconfirmation.--Unless the period 
     is extended in accordance with this subclause, the System 
     shall provide a confirmation or nonconfirmation not later 
     than 10 business days after the date on which the individual 
     contests the further action notice under subclause (II). If 
     the Secretary determines that good cause exists, after taking 
     into account adverse impacts to the employer, and including 
     time to permit the individual to obtain and provide needed 
     evidence of identity or employment eligibility, the Secretary 
     shall extend the period for providing confirmation or 
     nonconfirmation for stated periods beyond 10 business days. 
     When confirmation or nonconfirmation is provided, the 
     confirmation system shall provide an appropriate code 
     indicating such confirmation or nonconfirmation.
       ``(V) Reexamination.--Nothing in this section shall prevent 
     the Secretary from establishing procedures to reexamine a 
     case where a confirmation or nonconfirmation has been

[[Page S5088]]

     provided if subsequently received information indicates that 
     the confirmation or nonconfirmation may not have been 
     correct. Any procedures for reexamination shall not limit in 
     any way an employee's right to appeal a nonconfirmation.
       ``(VI) Employee protections.--An employer may not terminate 
     employment or take any other adverse action against an 
     individual solely because of a failure of the individual to 
     have identity and employment eligibility confirmed under this 
     subsection until--

       ``(aa) a nonconfirmation has been issued;
       ``(bb) if the further action notice was contested, the 
     period to timely file an administrative appeal has expired 
     without an appeal or the contestation to the further action 
     notice is withdrawn; or
       ``(cc) if an appeal before an administrative law judge 
     under paragraph (7) has been filed, the nonconfirmation has 
     been upheld or the appeal has been withdrawn or dismissed.
       ``(iv) Notice of nonconfirmation.--Not later than 3 
     business days after an employer receives a nonconfirmation, 
     or during such other reasonable time as the Secretary may 
     provide, the employer shall notify the individual who is the 
     subject of the nonconfirmation, and provide information about 
     filing an administrative appeal pursuant to paragraph (6) and 
     a request for a hearing before an administrative law judge 
     pursuant to paragraph (7). The nonconfirmation notice shall 
     be given to the individual in writing and the employer shall 
     acknowledge in the System under penalty of perjury that it 
     provided the notice (or adequately attempted to provide 
     notice, but was unable to do so despite reasonable efforts). 
     The individual shall affirmatively acknowledge in writing, or 
     in such other manner as the Secretary may prescribe, the 
     receipt of the nonconfirmation notice from the employer. If 
     the individual refuses or fails to acknowledge the receipt of 
     the nonconfirmation notice, the employer shall notify the 
     Secretary in such manner as the Secretary may prescribe.
       ``(D) Consequences of nonconfirmation.--
       ``(i) Termination of continued employment.--Except as 
     provided in clause (iii), an employer that has received a 
     nonconfirmation regarding an individual and has made 
     reasonable efforts to notify the individual in accordance 
     with subparagraph (C)(iv) shall terminate the employment of 
     the individual upon the expiration of the time period 
     specified in paragraph (7).
       ``(ii) Continued employment after nonconfirmation.--If the 
     employer continues to employ an individual after receiving 
     nonconfirmation and exhaustion of all appeals or expiration 
     of all rights to appeal if not appealed, in violation of 
     clause (i), a rebuttable presumption is created that the 
     employer has violated paragraphs (1)(A) and (2) of subsection 
     (a). Such presumption shall not apply in any prosecution 
     under subsection (k)(1).
       ``(iii) Effect of administrative appeal or review by 
     administrative law judge.--If an individual files an 
     administrative appeal of the nonconfirmation within the time 
     period specified in paragraph (6)(A), or files for review 
     with an administrative law judge specified in paragraph 
     (7)(A), the employer shall not terminate the individual's 
     employment under this subparagraph prior to the resolution of 
     the administrative appeal unless the Secretary or 
     Commissioner terminates the stay under paragraph (6)(B) or 
     (7)(B).
       ``(iv) Weekly report.--The Director of U.S. Citizenship and 
     Immigration Services shall submit a weekly report to the 
     Assistant Secretary for Immigration and Customs Enforcement 
     that includes, for each individual who receives final 
     nonconfirmation through the System--

       ``(I) the name of such individual;
       ``(II) his or her social security number or alien file 
     number;
       ``(III) the name and contact information for his or her 
     current employer; and
       ``(IV) any other critical information that the Assistant 
     Secretary determines to be appropriate.

       ``(v) Other referral.--The Director of U.S. Citizenship and 
     Immigration Services shall refer to the Assistant Secretary 
     for Immigration and Customs Enforcement for appropriate 
     action by the Assistant Secretary or for referral by the 
     Assistant Secretary to another law enforcement agency, as 
     appropriate--

       ``(I) any case in which the Director believes that a social 
     security number has been falsely or fraudulently used; and
       ``(II) any case in which a false or fraudulent document is 
     used by an employee who has received a further action notice 
     to resolve such notice.

       ``(E) Obligation to respond to queries and additional 
     information.--
       ``(i) In general.--Employers shall comply with requests for 
     information from the Secretary and the Special Counsel for 
     Immigration-Related Unfair Employment Practices of the 
     Department of Justice, including queries concerning current 
     and former employees, within the time frame during which 
     records are required to be maintained under this section 
     regarding such former employees, if such information relates 
     to the functioning of the System, the accuracy of the 
     responses provided by the System, or any suspected misuse, 
     discrimination, fraud, or identity theft in the use of the 
     System. Failure to comply with a request under this clause 
     constitutes a violation of subsection (a)(1)(B).
       ``(ii) Action by individuals.--

       ``(I) In general.--Individuals being verified through the 
     System may be required to take further action to address 
     questions identified by the Secretary or the Commissioner 
     regarding the documents relied upon for purposes of 
     subsection (c).
       ``(II) Notification.--Not later than 3 business days after 
     the receipt of such questions regarding an individual, or 
     during such other reasonable time as the Secretary may 
     prescribe, the employer shall--

       ``(aa) notify the individual of any such requirement for 
     further actions; and
       ``(bb) record the date and manner of such notification.

       ``(III) Acknowledgment.--The individual shall acknowledge 
     the notification received from the employer under subclause 
     (II) in writing, or in such other manner as the Secretary may 
     prescribe.

       ``(iii) Rulemaking.--

       ``(I) In general.--The Secretary, in consultation with the 
     Commissioner and the Attorney General, is authorized to issue 
     regulations implementing, clarifying, and supplementing the 
     requirements under this subparagraph--

       ``(aa) to facilitate the functioning, accuracy, and 
     fairness of the System;
       ``(bb) to prevent misuse, discrimination, fraud, or 
     identity theft in the use of the System; or
       ``(cc) to protect and maintain the confidentiality of 
     information that could be used to locate or otherwise place 
     at risk of harm victims of domestic violence, dating 
     violence, sexual assault, stalking, and human trafficking, 
     and of the applicant or beneficiary of any petition described 
     in section 384(a)(2) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)(2)).

       ``(II) Notice.--The regulations issued under subclause (I) 
     shall be--

       ``(aa) published in the Federal Register; and
       ``(bb) provided directly to all employers registered in the 
     System.
       ``(F) Designated agents.--The Secretary shall establish a 
     process--
       ``(i) for certifying, on an annual basis or at such times 
     as the Secretary may prescribe, designated agents and other 
     System service providers seeking access to the System to 
     perform verification queries on behalf of employers, based 
     upon training, usage, privacy, and security standards 
     prescribed by the Secretary;
       ``(ii) for ensuring that designated agents and other System 
     service providers are subject to monitoring to the same 
     extent as direct access users; and
       ``(iii) for establishing standards for certification of 
     electronic I-9 programs.
       ``(G) Requirement to provide information.--
       ``(i) In general.--No later than 3 months after the date of 
     the enactment of the Border Security, Economic Opportunity, 
     and Immigration Modernization Act, the Secretary, in 
     consultation with the Secretary of Labor, the Secretary of 
     Agriculture, the Commissioner, the Attorney General, the 
     Equal Employment Opportunity Commission, and the 
     Administrator of the Small Business Administration, shall 
     commence a campaign to disseminate information respecting the 
     procedures, rights, and remedies prescribed under this 
     section.
       ``(ii) Campaign requirements.--The campaign authorized 
     under clause (i)--

       ``(I) shall be aimed at increasing the knowledge of 
     employers, employees, and the general public concerning 
     employer and employee rights, responsibilities, and remedies 
     under this section; and
       ``(II) shall be coordinated with the public education 
     campaign conducted by U.S. Citizenship and Immigration 
     Services.

       ``(iii) Assessment.--The Secretary shall assess the success 
     of the campaign in achieving the goals of the campaign.
       ``(iv) Authority to contract.--In order to carry out and 
     assess the campaign under this subparagraph, the Secretary 
     may, to the extent deemed appropriate and subject to the 
     availability of appropriations, contract with public and 
     private organizations for outreach and assessment activities 
     under the campaign.
       ``(v) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this paragraph 
     $40,000,000 for each of the fiscal years 2014 through 2016.
       ``(H) Authority to modify information requirements.--Based 
     on a regular review of the System and the document 
     verification procedures to identify misuse or fraudulent use 
     and to assess the security of the documents and processes 
     used to establish identity or employment authorized status, 
     the Secretary, in consultation with the Commissioner, after 
     publication of notice in the Federal Register and an 
     opportunity for public comment, may modify, if the Secretary 
     determines that the modification is necessary to ensure that 
     the System accurately and reliably determines the identity 
     and employment authorized status of employees and maintain 
     existing protections against misuse, discrimination, fraud, 
     and identity theft--
       ``(i) the information that shall be presented to the 
     employer by an individual;
       ``(ii) the information that shall be provided to the System 
     by the employer; and
       ``(iii) the procedures that shall be followed by employers 
     with respect to the process of verifying an individual 
     through the System.
       ``(I) Self-verification.--Subject to appropriate safeguards 
     to prevent misuse of the system, the Secretary, in 
     consultation with

[[Page S5089]]

     the Commissioner, shall establish a secure self-verification 
     procedure to permit an individual who seeks to verify the 
     individual's own employment eligibility to contact the 
     appropriate agency and, in a timely manner, correct or update 
     the information contained in the System.
       ``(5) Protection from liability for actions taken on the 
     basis of information provided by the system.--An employer 
     shall not be liable to a job applicant, an employee, the 
     Federal Government, or a State or local government, under 
     Federal, State, or local criminal or civil law for any 
     employment-related action taken with respect to a job 
     applicant or employee in good faith reliance on information 
     provided by the System.
       ``(6) Administrative appeal.--
       ``(A) In general.--An individual who is notified of a 
     nonconfirmation may, not later than 10 business days after 
     the date that such notice is received, file an administrative 
     appeal of such nonconfirmation with the Commissioner if the 
     notice is based on records maintained by the Commissioner, or 
     in any other case, with the Secretary. An individual who did 
     not timely contest a further action notice timely received by 
     that individual for which the individual acknowledged receipt 
     may not be granted a review under this paragraph.
       ``(B) Administrative stay of nonconfirmation.--The 
     nonconfirmation shall be automatically stayed upon the timely 
     filing of an administrative appeal, unless the 
     nonconfirmation resulted after the individual acknowledged 
     receipt of the further action notice but failed to contact 
     the appropriate agency within the time provided. The stay 
     shall remain in effect until the resolution of the appeal, 
     unless the Secretary or the Commissioner terminates the stay 
     based on a determination that the administrative appeal is 
     frivolous or filed for purposes of delay.
       ``(C) Review for error.--The Secretary and the Commissioner 
     shall develop procedures for resolving administrative appeals 
     regarding nonconfirmations based upon the information that 
     the individual has provided, including any additional 
     evidence or argument that was not previously considered. Any 
     such additional evidence or argument shall be filed within 10 
     business days of the date the appeal was originally filed. 
     Appeals shall be resolved within 20 business days after the 
     individual has submitted all evidence and arguments the 
     individual wishes to submit, or has stated in writing that 
     there is no additional evidence that the individual wishes to 
     submit. The Secretary and the Commissioner may, on a case by 
     case basis for good cause, extend the filing and submission 
     period in order to ensure accurate resolution of an appeal 
     before the Secretary or the Commissioner.
       ``(D) Preponderance of evidence.--Administrative appeal 
     under this paragraph shall be limited to whether a 
     nonconfirmation notice is supported by a preponderance of the 
     evidence.
       ``(E) Damages, fees, and costs.--No money damages, fees or 
     costs may be awarded in the administrative appeal process 
     under this paragraph.
       ``(7) Review by administrative law judge.--
       ``(A) In general.--Not later than 30 days after the date an 
     individual receives a final determination on an 
     administrative appeal under paragraph (6), the individual may 
     obtain review of such determination by filing a complaint 
     with a Department of Justice administrative law judge in 
     accordance with this paragraph.
       ``(B) Stay of nonconfirmation.--The nonconfirmation related 
     to such final determination shall be automatically stayed 
     upon the timely filing of a complaint under this paragraph, 
     and the stay shall remain in effect until the resolution of 
     the complaint, unless the administrative law judge determines 
     that the action is frivolous or filed for purposes of delay.
       ``(C) Service.--The respondent to complaint filed under 
     this paragraph is either the Secretary or the Commissioner, 
     but not both, depending upon who issued the administrative 
     order under paragraph (6). In addition to serving the 
     respondent, the plaintiff shall serve the Attorney General.
       ``(D) Authority of administrative law judge.--
       ``(i) Rules of practice.--The Secretary shall promulgate 
     regulations regarding the rules of practice in appeals 
     brought pursuant to this subsection.
       ``(ii) Authority of administrative law judge.--The 
     administrative law judge shall have power to--

       ``(I) terminate a stay of a nonconfirmation under 
     subparagraph (B) if the administrative law judge determines 
     that the action is frivolous or filed for purposes of delay;
       ``(II) adduce evidence at a hearing;
       ``(III) compel by subpoena the attendance of witnesses and 
     the production of evidence at any designated place or 
     hearing;
       ``(IV) resolve claims of identity theft; and
       ``(V) enter, upon the pleadings and any evidence adduced at 
     a hearing, a decision affirming or reversing the result of 
     the agency, with or without remanding the cause for a 
     rehearing.

       ``(iii) Subpoena.--In case of contumacy or refusal to obey 
     a subpoena lawfully issued under this section and upon 
     application of the administrative law judge, an appropriate 
     district court of the United States may issue an order 
     requiring compliance with such subpoena and any failure to 
     obey such order may be punished by such court as a contempt 
     of such court.
       ``(iv) Training.--An administrative law judge hearing cases 
     shall have special training respecting employment authorized 
     status verification.
       ``(E) Order by administrative law judge.--
       ``(i) In general.--The administrative law judge shall issue 
     and cause to be served to the parties in the proceeding an 
     order which may be appealed as provided in subparagraph (G).
       ``(ii) Contents of order.--Such an order shall uphold or 
     reverse the final determination on the request for 
     reconsideration and order lost wages and other appropriate 
     remedies as provided in subparagraph (F).
       ``(F) Compensation for error.--
       ``(i) In general.--In cases in which the administrative law 
     judge reverses the final determination of the Secretary or 
     the Commissioner made under paragraph (6), and the 
     administrative law judge finds that--

       ``(I) the nonconfirmation was due to gross negligence or 
     intentional misconduct of the employer, the administrative 
     law judge may order the employer to pay the individual lost 
     wages, and reasonable costs and attorneys' fees incurred 
     during administrative and judicial review; or
       ``(II) such final determination was erroneous by reason of 
     the negligence of the Secretary or the Commissioner, the 
     administrative law judge may order the Secretary or the 
     Commissioner to pay the individual lost wages, and reasonable 
     costs and attorneys' fees incurred during the administrative 
     appeal and the administrative law judge review.

       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work schedule that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost beginning on the first scheduled 
     work day after employment was terminated and ending 120 days 
     after completion of the administrative law judge's review 
     described in this paragraph or the day after the individual 
     is reinstated or obtains employment elsewhere, whichever 
     occurs first. If the individual obtains employment elsewhere 
     at a lower wage rate, the individual shall be compensated for 
     the difference in wages for the period ending 120 days after 
     completion of the administrative law judge review process. No 
     lost wages shall be awarded for any period of time during 
     which the individual was not in employment authorized status.
       ``(iii) Payment of compensation.--Notwithstanding any other 
     law, payment of compensation for lost wages, costs, and 
     attorneys' fees under this paragraph, or compromise 
     settlements of the same, shall be made as provided by section 
     1304 of title 31, United States Code. Appropriations made 
     available to the Secretary or the Commissioner, accounts 
     provided for under section 286, and funds from the Federal 
     Old-Age and Survivors Insurance Trust Fund or the Federal 
     Disability Insurance Trust Fund shall not be available to pay 
     such compensation.
       ``(G) Appeal.--No later than 45 days after the entry of 
     such final order, any person adversely affected by such final 
     order may seek review of such order in the United States 
     Court of Appeals for the circuit in which the violation is 
     alleged to have occurred or in which the employer resides or 
     transacts business.
       ``(8) Management of the system.--
       ``(A) In general.--The Secretary is authorized to 
     establish, manage, and modify the System, which shall--
       ``(i) respond to inquiries made by participating employers 
     at any time through the internet, or such other means as the 
     Secretary may designate, concerning an individual's identity 
     and whether the individual is in employment authorized 
     status;
       ``(ii) maintain records of the inquiries that were made, of 
     confirmations provided (or not provided), and of the codes 
     provided to employers as evidence of their compliance with 
     their obligations under the System; and
       ``(iii) provide information to, and require action by, 
     employers and individuals using the System.
       ``(B) Design and operation of system.--The System shall be 
     designed and operated--
       ``(i) to maximize its reliability and ease of use by 
     employers consistent with protecting the privacy and security 
     of the underlying information, and ensuring full notice of 
     such use to employees;
       ``(ii) to maximize its ease of use by employees, including 
     direct notification of its use, of results, and ability to 
     challenge results;
       ``(iii) to respond accurately to all inquiries made by 
     employers on whether individuals are authorized to be 
     employed and to register any times when the system is unable 
     to receive inquiries;
       ``(iv) to maintain appropriate administrative, technical, 
     and physical safeguards to prevent unauthorized disclosure of 
     personal information, misuse by employers and employees, and 
     discrimination;
       ``(v) to require regularly scheduled refresher training of 
     all users of the System to ensure compliance with all 
     procedures;
       ``(vi) to allow for auditing of the use of the System to 
     detect misuse, discrimination, fraud, and identity theft, to 
     protect privacy and assess System accuracy, and to preserve 
     the integrity and security of the information in all of the 
     System, including--

       ``(I) to develop and use tools and processes to detect or 
     prevent fraud and identity theft, such as multiple uses of 
     the same identifying information or documents to fraudulently 
     gain employment;

[[Page S5090]]

       ``(II) to develop and use tools and processes to detect and 
     prevent misuse of the system by employers and employees;
       ``(III) to develop tools and processes to detect anomalies 
     in the use of the system that may indicate potential fraud or 
     misuse of the system;
       ``(IV) to audit documents and information submitted by 
     employees to employers, including authority to conduct 
     interviews with employers and employees, and obtain 
     information concerning employment from the employer;

       ``(vii) to confirm identity and employment authorization 
     through verification and comparison of records as determined 
     necessary by the Secretary;
       ``(viii) to confirm electronically the issuance of the 
     employment authorization or identity document and--

       ``(I) if such photograph is available, to display the 
     digital photograph that the issuer placed on the document so 
     that the employer can compare the photograph displayed to the 
     photograph on the document presented by the employee; or
       ``(II) if a photograph is not available from the issuer, to 
     confirm the authenticity of the document using additional 
     security measures set forth in subsection (c)(1)(F)(iv);

       ``(ix) to employ specific and effective additional security 
     measures set forth in subsection (c)(1)(F)(iv) to adequately 
     verify the identity of an individual that are designed and 
     operated--

       ``(I) to use state-of-the-art technology to determine to a 
     high degree of accuracy whether an individual presenting 
     biographic information is the individual with that true 
     identity;
       ``(II) to retain under the control of the Secretary the use 
     of all determinations communicated by the System, regardless 
     of the entity operating the system pursuant to a contract or 
     other agreement with a nongovernmental entity or entities to 
     the extent helpful in acquiring the best technology to 
     implement the additional security measures;
       ``(III) to be integrated with the System so that employment 
     authorizations will be determined for all individuals 
     identified as presenting their true identities through the 
     databases maintained by the Commissioner of Social Security 
     and the Secretary;
       ``(IV) to use tools and processes to detect and prevent 
     further action notices and final nonconfirmations that are 
     not correlated to fraud or identity theft;
       ``(V) to make risk-based assessments regarding the 
     reliability of a claim of identity made by an individual 
     presenting biographic information and to tailor the identity 
     determination in accordance with those assessments;
       ``(VI) to permit queries to be presented to individuals 
     subject to identity verification at the time their identities 
     are being verified in a manner that permits rapid 
     communication through Internet, mobile phone, and landline 
     telephone connections to facilitate identity proofing;
       ``(VII) to generate queries that conform to the context of 
     the identity verification process and the circumstances of 
     the individual whose identity is being verified;
       ``(VIII) to use publicly available databases and databases 
     under the jurisdiction of the Commissioner of Social 
     Security, the Secretary, and the Secretary of State to 
     formulate queries to be presented to individuals whose 
     identities are being verified, as appropriate;
       ``(IX) to not retain data collected by the System within 
     any database separate from the database in which the 
     operating system is located and to limit access to the 
     existing databases to a reference process that shields the 
     operator of the System from acquiring possession of the data 
     beyond the formulation of queries and verification of 
     responses;
       ``(X) to not permit individuals or entities using the 
     System to access any data related to the individuals whose 
     identities are being verified beyond confirmations, further 
     action notices, and final nonconfirmations of identity;
       ``(XI) to include, if feasible, a capability for permitting 
     document or other inputs that can be offered to individuals 
     and entities using the System and that may be used at the 
     option of employees to facilitate identity verification, but 
     would not be required of either employers or employees; and
       ``(XII) to the greatest extent possible, in accordance with 
     the time frames specified in this section; and

       ``(x) to provide appropriate notification directly to 
     employers registered with the System of all changes made by 
     the Secretary or the Commissioner related to allowed and 
     prohibited documents, and use of the System.
       ``(C) Safeguards to the system.--
       ``(i) Requirement to develop.--The Secretary, in 
     consultation with the Commissioner and other appropriate 
     Federal and State agencies, shall develop policies and 
     procedures to ensure protection of the privacy and security 
     of personally identifiable information and identifiers 
     contained in the records accessed or maintained by the 
     System. The Secretary, in consultation with the Commissioner 
     and other appropriate Federal and State agencies, shall 
     develop and deploy appropriate privacy and security training 
     for the Federal and State employees accessing the records 
     under the System.
       ``(ii) Privacy audits.--The Secretary, acting through the 
     Chief Privacy Officer of the Department, shall conduct 
     regular privacy audits of the policies and procedures 
     established under clause (i) and the Department's compliance 
     with the limitations set forth in subsection 
     (c)(1)(F)(iii)(IV), including any collection, use, 
     dissemination, and maintenance of personally identifiable 
     information and any associated information technology 
     systems, as well as scope of requests for this information. 
     The Chief Privacy Officer shall review the results of the 
     audits and recommend to the Secretary any changes necessary 
     to improve the privacy protections of the program.
       ``(iii) Accuracy audits.--

       ``(I) In general.--Not later than November 30 of each year, 
     the Inspector General of the Department of Homeland Security 
     shall submit a report to the Secretary, with a copy to the 
     President of the Senate and the Speaker of the House of 
     Representatives, that sets forth the error rate of the System 
     for the previous fiscal year and the assessments required to 
     be submitted by the Secretary under subparagraphs (A) and (B) 
     of paragraph (10). The report shall describe in detail the 
     methodology employed for purposes of the report, and shall 
     make recommendations for how error rates may be reduced.
       ``(II) Error rate defined.--In this clause, the term error 
     rate means the percentage determined by dividing--

       ``(aa) the number of employment authorized individuals who 
     received further action notices, contested such notices, and 
     were subsequently found to be employment authorized; by
       ``(bb) the number of System inquiries submitted for 
     employment authorized individuals.

       ``(III) Error rate determination.--The audits required 
     under this clause shall--

       ``(aa) determine the error rate for identity determinations 
     pursuant to subsection (c)(1)(F) for individuals presenting 
     their true identities in the same manner and applying the 
     same standards as for employment authorization; and
       ``(bb) include recommendations, as provided in subclause 
     (I), but no reduction in fines pursuant to subclause (IV).

       ``(IV) Reduction of penalties for recordkeeping or 
     verification practices following persistent system 
     inaccuracies.--Notwithstanding subsection (e)(4)(C)(i), in 
     any calendar year following a report by the Inspector General 
     under subclause (I) that the System had an error rate higher 
     than 0.3 percent for the previous fiscal year, the civil 
     penalty assessable by the Secretary or an administrative law 
     judge under that subsection for each first-time violation by 
     an employer who has not previously been penalized under this 
     section may not exceed $1,000.

       ``(iv) Records security program.--Any person, including a 
     private third party vendor, who retains document verification 
     or System data pursuant to this section shall implement an 
     effective records security program that--

       ``(I) ensures that only authorized personnel have access to 
     document verification or System data; and
       ``(II) ensures that whenever such data is created, 
     completed, updated, modified, altered, or corrected in 
     electronic format, a secure record is created that 
     establishes the date of access, the identity of the 
     individual who accessed the electronic record, and the 
     particular action taken.

       ``(v) Records security program.--In addition to the 
     security measures described in clause (iv), a private third 
     party vendor who retains document verification or System data 
     pursuant to this section shall implement an effective records 
     security program that--

       ``(I) provides for backup and recovery of any records 
     maintained in electronic format to protect against 
     information loss, such as power interruptions; and
       ``(II) ensures that employees are trained to minimize the 
     risk of unauthorized or accidental alteration or erasure of 
     such data in electronic format.

       ``(vi) Authorized personnel defined.--In this subparagraph, 
     the term authorized personnel means anyone registered as a 
     System user, or anyone with partial or full responsibility 
     for completion of employment authorization verification or 
     retention of data in connection with employment authorization 
     verification on behalf of an employer.
       ``(D) Available facilities and alternative 
     accommodations.--The Secretary shall make appropriate 
     arrangements and develop standards to allow employers or 
     employees, including remote hires, who are otherwise unable 
     to access the System to use electronic and telephonic formats 
     (including video conferencing, scanning technology, and other 
     available technologies), Federal Government facilities, 
     public facilities, or other available locations in order to 
     utilize the System.
       ``(E) Responsibilities of the secretary.--
       ``(i) In general.--As part of the System, the Secretary 
     shall maintain a reliable, secure method, which, operating 
     through the System and within the time periods specified, 
     compares the name, alien identification or authorization 
     number, or other information as determined relevant by the 
     Secretary, provided in an inquiry against such information 
     maintained or accessed by the Secretary in order to confirm 
     (or not confirm) the validity of the information provided, 
     the correspondence of the name and number, whether the alien 
     has employment authorized status (or, to the extent that the 
     Secretary determines to be feasible and appropriate, whether 
     the records available to the Secretary verify the identity or 
     status of a national of the United States), and such

[[Page S5091]]

     other information as the Secretary may prescribe.
       ``(ii) Photograph display.--As part of the System, the 
     Secretary shall establish a reliable, secure method, which, 
     operating through the System, displays the digital photograph 
     described in subparagraph (B)(viii)(I).
       ``(iii) Timing of notices.--The Secretary shall have 
     authority to prescribe when a confirmation, nonconfirmation, 
     or further action notice shall be issued.
       ``(iv) Use of information.--The Secretary shall perform 
     regular audits under the System, as described in subparagraph 
     (B)(vi) and shall utilize the information obtained from such 
     audits, as well as any information obtained from the 
     Commissioner pursuant to part E of title XI of the Social 
     Security Act (42 U.S.C. 1301 et seq.), for the purposes of 
     this section and to administer and enforce the immigration 
     laws.
       ``(v) Identity fraud protection.--To prevent identity 
     fraud, not later than 18 months after the date of the 
     enactment of the Border Security, Economic Opportunity, and 
     Immigration Modernization Act, the Secretary shall--

       ``(I) in consultation with the Commissioner, establish a 
     program to provide a reliable, secure method for an 
     individual to temporarily suspend or limit the use of the 
     individual's social security account number or other 
     identifying information for verification by the System; and
       ``(II) for each individual being verified through the 
     System--

       ``(aa) notify the individual that the individual has the 
     option to limit the use of the individual's social security 
     account number or other identifying information for 
     verification by the System; and
       ``(bb) provide instructions to the individuals for 
     exercising the option referred to in item (aa).
       ``(vi) Allowing parents to prevent theft of their child's 
     identity.--The Secretary, in consultation with the 
     Commissioner, shall establish a program that provides a 
     reliable, secure method by which parents or legal guardians 
     may suspend or limit the use of the social security account 
     number or other identifying information of a minor under 
     their care for the purposes of the System. The Secretary may 
     implement the program on a limited pilot program basis before 
     making it fully available to all individuals.
       ``(vii) Protection from multiple use.--The Secretary and 
     the Commissioner shall establish a procedure for identifying 
     and handling a situation in which a social security account 
     number has been identified to be subject to unusual multiple 
     use in the System or is otherwise suspected or determined to 
     have been compromised by identity fraud. Such procedure shall 
     include notifying the legitimate holder of the social 
     security number at the appropriate time.
       ``(viii) Monitoring and compliance unit.--The Secretary 
     shall establish or designate a monitoring and compliance unit 
     to detect and reduce identity fraud and other misuse of the 
     System.
       ``(ix) Civil rights and civil liberties assessments.--

       ``(I) Requirement to conduct.--The Secretary shall conduct 
     regular civil rights and civil liberties assessments of the 
     System, including participation by employers, other private 
     entities, and Federal, State, and local government entities.
       ``(II) Requirement to respond.--Employers, other private 
     entities, and Federal, State, and local entities shall timely 
     respond to any request in connection with such an assessment.
       ``(III) Assessment and recommendations.--The Officer for 
     Civil Rights and Civil Liberties of the Department shall 
     review the results of each such assessment and recommend to 
     the Secretary any changes necessary to improve the civil 
     rights and civil liberties protections of the System.

       ``(F) Grants to states.--
       ``(i) In general.--The Secretary shall create and 
     administer a grant program to help provide funding for 
     reimbursement of the actual costs to States that grant--

       ``(I) the Secretary access to driver's license information 
     as needed to confirm that a driver's license presented under 
     subsection (c)(1)(D)(i) confirms the identity of the subject 
     of the System check, and that a driver's license matches the 
     State's records; and
       ``(II) such assistance as the Secretary may request in 
     order to resolve further action notices or nonconfirmations 
     relating to such information.

       ``(ii) Construction with the driver's privacy protection 
     act of 1994.--The provision of a photograph to the Secretary 
     as described in clause (i) may not be construed as a 
     violation of section 2721 of title 18, United States Code, 
     and is a permissible use under subsection (b)(1) of that 
     section.
       ``(iii) Authorization of appropriations.--There is 
     authorized to be appropriated to the Secretary, from the 
     Comprehensive Immigration Reform Trust Fund established under 
     section 6(a)(1), $500,000,000 to carry out this subparagraph.
       ``(G) Responsibilities of the secretary of state.--As part 
     of the System, the Secretary of State shall provide to the 
     Secretary access to passport and visa information as needed 
     to confirm that a passport, passport card, or visa presented 
     under subsection (c)(1)(C) confirms the identity of the 
     subject of the System check, and that a passport, passport 
     card, or visa photograph matches the Secretary of State's 
     records, and shall provide such assistance as the Secretary 
     may request in order to resolve further action notices or 
     nonconfirmations relating to such information.
       ``(H) Updating information.--The Commissioner, the 
     Secretary, and the Secretary of State shall update their 
     information in a manner that promotes maximum accuracy and 
     shall provide a process for the prompt correction of 
     erroneous information.
       ``(9) Limitation on use of the system.--Notwithstanding any 
     other provision of law, no department, bureau, or other 
     agency of the United States Government or any other entity 
     shall utilize, share, or transmit any information, database, 
     or other records assembled under this subsection for any 
     purpose other than for employment verification or to ensure 
     secure, appropriate and nondiscriminatory use of the System.
       ``(10) Annual report and certification.--Not later than 18 
     months after the promulgation of regulations to implement 
     this subsection, and annually thereafter, the Secretary shall 
     submit to Congress a report that includes the following:
       ``(A) An assessment, as submitted to the Secretary by the 
     Inspector General of the Department of Homeland Security 
     pursuant to paragraph (8)(C)(iii)(I), of the accuracy rates 
     of further action notices and other System notices provided 
     by employers to individuals who are authorized to be employed 
     in the United States.
       ``(B) An assessment, as submitted to the Secretary by the 
     Inspector General of the Department of Homeland Security 
     pursuant to paragraph (8)(C)(iii)(I), of the accuracy rates 
     of further action notices and other System notices provided 
     directly (by the System) in a timely fashion to individuals 
     who are not authorized to be employed in the United States.
       ``(C) An assessment of any challenges faced by small 
     employers in utilizing the System.
       ``(D) An assessment of the rate of employer noncompliance 
     (in addition to failure to provide required notices in a 
     timely fashion) in each of the following categories:
       ``(i) Taking adverse action based on a further action 
     notice.
       ``(ii) Use of the System for nonemployees or other 
     individuals before they are offered employment.
       ``(iii) Use of the System to reverify employment authorized 
     status of current employees except if authorized to do so.
       ``(iv) Use of the System selectively, except in cases in 
     which such use is authorized.
       ``(v) Use of the System to deny employment or post-
     employment benefits or otherwise interfere with labor rights.
       ``(vi) Requiring employees or applicants to use any self-
     verification feature or to provide self-verification results.
       ``(vii) Discouraging individuals who receive a further 
     action notice from challenging the further action notice or 
     appealing a determination made by the System.
       ``(E) An assessment of the rate of employee noncompliance 
     in each of the following categories:
       ``(i) Obtaining employment when unauthorized with an 
     employer complying with the System in good faith.
       ``(ii) Failure to provide required documents in a timely 
     manner.
       ``(iii) Attempting to use fraudulent documents or documents 
     not related to the individual.
       ``(iv) Misuse of the administrative appeal and judicial 
     review process.
       ``(F) An assessment of the amount of time taken for--
       ``(i) the System to provide the confirmation or further 
     action notice;
       ``(ii) individuals to contest further action notices;
       ``(iii) the System to provide a confirmation or 
     nonconfirmation of a contested further action notice;
       ``(iv) individuals to file an administrative appeal of a 
     nonconfirmation; and
       ``(v) resolving administrative appeals regarding 
     nonconfirmations.
       ``(11) Annual gao study and report.--
       ``(A) Requirement.--The Comptroller General shall, for each 
     year, undertake a study to evaluate the accuracy, efficiency, 
     integrity, and impact of the System.
       ``(B) Report.--Not later than 18 months after the 
     promulgation of regulations to implement this subsection, and 
     yearly thereafter, the Comptroller General shall submit to 
     Congress a report containing the findings of the study 
     carried out under this paragraph. Each such report shall 
     include, at a minimum, the following:
       ``(i) An assessment of System performance with respect to 
     the rate at which individuals who are eligible for employment 
     in the United States are correctly approved within the 
     required periods, including a separate assessment of such 
     rate for naturalized United States citizens, nationals of the 
     United States, and aliens.
       ``(ii) An assessment of the privacy and confidentiality of 
     the System and of the overall security of the System with 
     respect to cybertheft and theft or misuse of private data.
       ``(iii) An assessment of whether the System is being 
     implemented in a manner that is not discriminatory or used 
     for retaliation against employees.
       ``(iv) An assessment of the most common causes for the 
     erroneous issuance of nonconfirmations by the System and 
     recommendations to correct such causes.
       ``(v) The recommendations of the Comptroller General 
     regarding System improvements.

[[Page S5092]]

       ``(vi) An assessment of the frequency and magnitude of 
     changes made to the System and the impact on the ability for 
     employers to comply in good faith.
       ``(vii) An assessment of the direct and indirect costs 
     incurred by employers in complying with the System, including 
     costs associated with retaining potential employees through 
     the administrative appeals process and receiving a 
     nonconfirmation.
       ``(viii) An assessment of any backlogs or delays in the 
     System providing the confirmation or further action notice 
     and impacts to hiring by employers.
       ``(ix) An assessment of the effect of the identity 
     authentication mechanism and any other security measures set 
     forth in subsection (c)(1)(F)(iv) to verify identity 
     incorporated into the System or otherwise used by employers 
     on employees.
       ``(12) Outreach and partnership.--
       ``(A) Outreach.--The Secretary is authorized to conduct 
     outreach and establish programs to assist employers in 
     verifying employment authorization and preventing identity 
     fraud.
       ``(B) Partnership initiative.--The Secretary may establish 
     partnership initiatives between the Federal Government and 
     private sector employers to foster cooperative relationships 
     and to strengthen overall hiring practices.''.
       (c) Taxpayer Address Information.--Section 6103(m) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following:
       ``(8) Taxpayer address information furnished to secretary 
     of homeland security.--Upon written request from the 
     Secretary of Homeland Security, the Secretary shall disclose 
     the mailing address of any taxpayer who is entitled to 
     receive a notification from the Secretary of Homeland 
     Security pursuant to paragraphs (1)(C) and (8)(E)(vii) of 
     section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)) for use only by employees of the Department 
     of Homeland for the purpose of mailing such notification to 
     such taxpayer.''.
       (d) Social Security Account Statements.--Section 1143(a)(2) 
     of the Social Security Act (8 U.S.C. 1320b-13(a)(2)) is 
     amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) to the extent resources are available, information in 
     the Commissioner's records indicating that a query was 
     submitted to the employment verification system established 
     under section 274A (d) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(d)) under that individual's name or social 
     security number; and
       ``(G) a toll-free telephone number operated by the 
     Department of Homeland Security for employment verification 
     system inquiries and a link to self-verification procedure 
     established under section 274A(d)(4)(I) of such Act.''.
       (e) Good Faith Compliance.--Section 274B(a) (8 U.S.C. 
     1324b(a)), as amended by section 3105(a) of this Act, is 
     further amended by adding at the end the following:
       ``(10) Treatment of certain violations after reasonable 
     steps in good faith.--Notwithstanding paragraphs (4), (6), 
     and (7), a person, other entity, or employment agency shall 
     not be liable for civil penalties described in section 
     274B(g)(2)(B)(iv) that are related to a violation of any such 
     paragraph if the person, entity, or employment agency has 
     taken reasonable steps, in good faith, to comply with such 
     paragraphs at issue, unless the person, other entity, or 
     employment agency--
       ``(A) was, for similar conduct, subject to--
       ``(i) a reasonable cause determination by the Office of 
     Special Counsel for Immigration Related Unfair Employment 
     Practices; or
       ``(ii) a finding by an administrative law judge that a 
     violation of this section has occurred; or
       ``(B) committed the violation in order to interfere with 
     `workplace rights' (as defined in section 274A(b)(8)).
       ``(11) Good faith.--As used in paragraph (10), the term 
     `good faith' shall not include any action taken in order to 
     interfere with `workplace rights' (as defined in section 
     274A(b)(8)). Neither the Office of Special Counsel nor an 
     administrative law judge hearing a claim under this section 
     shall have any authority to assess workplace rights other 
     than those guaranteed under this section.
       ``(12) Rules of construction.--Nothing in this section may 
     be construed--
       ``(A) to permit the Office of Special Counsel for 
     Immigration-Related Unfair Employment Practices or an 
     administrative law judge hearing a claim under this Section 
     to enforce any workplace rights other than those guaranteed 
     under this section; or
       ``(B) to prohibit any person, other entity, or employment 
     agency from using an identity verification system, service, 
     or method (in addition to the employment verification system 
     described in section 274A(d)), until the date on which the 
     employer is required to participate in the System under 
     section 274A(d)(2) and the additional security measures 
     mandated by section 274A(c)(F)(iv) have become available to 
     verify the identity of a newly hired employee, if such 
     system--
       ``(i) is used in a uniform manner for all newly hired 
     employees;
       ``(ii) is not used for the purpose or with the intent of 
     discriminating against any individual;
       ``(iii) provides for timely notice to employees run through 
     the system of a mismatch or failure to confirm identity; and
       ``(iv) sets out procedures for employees run through the 
     system to resolve a mismatch or other failure to confirm 
     identity.
       ``(13) Liability.--A person, entity, or employment agency 
     that uses an identity verification system, service, or method 
     in a way that conflicts with the requirements set forth in 
     paragraph (10) shall be subject to liability under paragraph 
     (4)(I).''.
       (f) Maintenance of Reasonable Levels of Service and 
     Enforcement.--Notwithstanding section 3301(b)(1), amounts 
     appropriated pursuant to such section shall be used to 
     maintain reasonable levels of service and enforcement rather 
     than a specific numeric increase in the number of Department 
     personnel dedicated to administering the Employment 
     Verification System.
                                 ______
                                 
  SA 1635. Mr. WYDEN (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed to amendment SA 1183 submitted by Mr. 
Leahy (for himself and Mr. Hatch) to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 7, line 23, insert after the period at the end the 
     following: ``In this subsection, the term `physical tactical 
     infrastructure' means roads, vehicle and pedestrian fences, 
     port of entry barriers, lights, bridges, and towers for 
     technology and surveillance.''.
                                 ______
                                 
  SA 1636. Mr. BLUMENTHAL (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 1183 submitted by Mr. 
Leahy (for himself and Mr. Hatch) to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       In title II, beginning on page 187, strike line 13 and all 
     that follows through page 188, line 13, and insert the 
     following:
       ``(ii) was younger than 16 years of age on the date on 
     which the alien initially entered the United States; and
       ``(iii)(I)(aa) has earned a high school diploma, a 
     commensurate alternative award from a public or private high 
     school or secondary school, or has obtained a general 
     education development certificate recognized under State law, 
     or a high school equivalency diploma in the United States and 
     has provided a list of each secondary school (as that term is 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801)) that the alien 
     attended in the United States; and

       ``(bb)(AA) has acquired a degree from an institution of 
     higher education or has completed at least 2 years, in good 
     standing, in a program for a bachelor's degree or higher 
     degree in the United States; or
       ``(BB) has served in the Uniformed Services for at least 4 
     years and, if discharged, received an honorable discharge; or
       ``(II) is under 18 years of age on the date the immigrant 
     submits an application for such adjustment and is enrolled in 
     school or has completed a general education development 
     certificate on the date the immigrant submits an application 
     for adjustment.

       ``(B) Special provisions.--
       ``(i) Exception to age requirement.--An alien lawfully 
     admitted for permanent residence pursuant to subparagraph 
     (A)(iii)(II) may be naturalized notwithstanding the age 
     requirements in section 334.
       ``(ii) Requirements under section 316.--An alien may 
     naturalize under section 316 no sooner than 5 years after the 
     date on which the alien was lawfully admitted for permanent 
     residence pursuant to subparagraph (A)(iii)(II).
       ``(C) Hardship exception.--''.
                                 ______
                                 
  SA 1637. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 6(a)(2), strike subparagraph (C) and insert the 
     following:
       (C) Annual inflation adjustment required.--The Secretary 
     shall adjust each of the fees and penalties specified in 
     clauses (ii), (iii), (iv), (v), (vi), and (xviii) of 
     subparagraph (B) on October 1, 2014, and annually thereafter, 
     to reflect the inflation rate during the most recent 12-month 
     period, as measured by such price index as the Secretary 
     considers appropriate, rounded to the nearest dollar.
                                 ______
                                 
  SA 1638. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 245B(b) of the Immigration and Nationality Act, 
     as added by section 2101(a) of this amendment, strike 
     paragraph (4).
                                 ______
                                 
  SA 1639. Mr. WICKER submitted an amendment intended to be proposed to

[[Page S5093]]

amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title II, add the following:

     SEC. 2112. INCREASED PENALTIES.

       Chapter 5 (8 U.S.C. 1255 et seq.), as amended by sections 
     2101 and 2102 of this Act, is further amended--
       (1) in section 245B(c)(10)(C)(i), by striking ``$1,000'' 
     and insert ``$2,000''; and
       (2) in section 245C(c)(5)(B)(i), by striking ``$1,000'' and 
     insert ``$2,000''.
                                 ______
                                 
  SA 1640. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPROVED COLLECTION AND USE OF LABOR MARKET 
                   INFORMATION.

       (a) In General.--Section 1137 of the Social Security Act 
     (42 U.S.C. 1320b-7) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by inserting ``(including the 
     occupational information under subsection (g))'' after 
     ``paragraph (3) of this subsection''; and
       (B) in paragraph (3), by striking ``employers (as defined'' 
     and inserting ``subject to subsection (g), employers (as 
     defined''; and
       (2) by adding at the end the following new subsection:
       ``(g)(1) Beginning January 1, 2016, each quarterly wage 
     report required to be submitted by an employer under 
     subsection (a)(3) shall include such occupational information 
     with respect to each employee of the employer that permits 
     the classification of such employees into occupational 
     categories as found in the Standard Occupational 
     Classification (SOC) system.
       ``(2) The State agency receiving the occupational 
     information described in paragraph (1) shall make such 
     information available to the Secretary of Labor pursuant to 
     procedures established by the Secretary of Labor.
       ``(3)(A)(i) The Secretary of Labor shall make occupational 
     information submitted under paragraph (2) available to other 
     State and Federal agencies, including the United States 
     Census Bureau, the Bureau of Labor Statistics, and other 
     State and Federal research agencies.
       ``(ii) Disclosure of occupational information under clause 
     (i) shall be subject to the agency having safeguards in place 
     that meet the requirements under paragraph (4).
       ``(4) The Secretary of Labor shall establish and implement 
     safeguards for the dissemination and, subject to paragraph 
     (5), the use of occupational information received under this 
     subsection.
       ``(5) Occupational information received under this 
     subsection shall only be used to classify employees into 
     occupational categories as found in the Standard Occupational 
     Classification (SOC) system and to analyze and evaluate 
     occupations in order to improve the labor market for workers 
     and industries.
       ``(6) The Secretary of Labor shall establish procedures to 
     verify the accuracy of information received under paragraph 
     (2).''.
       (b) Advisory Committee.--
       (1) Establishment.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Labor shall 
     establish an advisory committee to advise the Secretary on 
     the implementation of subsection (g) of section 1137 of the 
     Social Security Act, as added by subsection (a).
       (2) Membership.--The advisory committee shall include--
       (A) State government officials, representatives of small, 
     medium, and large businesses, representatives of labor 
     organizations, labor market analysts, privacy and data 
     experts, and non-profit stakeholders; and
       (B) such other individuals determined appropriate by the 
     Secretary of Labor.
       (3) Meetings.--The advisory committee shall meet no less 
     than annually.
       (4) Termination.--The advisory committee shall terminate on 
     the date that is 3 years after the date of the first meeting 
     of the committee.
                                 ______
                                 
  SA 1641. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 426, strike line 21, and all that follows 
     through page 427, line 7, and insert the following:
       (d) Waivers of Inadmissability.--
       (1) In general.--Section 212 (8 U.S.C. 1182) is amended--
       (A) in subsection (l)--
       (i) by amending the subsection heading to read as follows: 
     ``Guam, Northern Mariana Islands, and Virgin Islands Visa 
     Waiver Programs.--''; and
       (ii) by adding at the end the following:
       ``(7) Virgin islands visa waiver program.--
       ``(A) In general.--The requirement of subsection 
     (a)(7)(B)(i) may be waived by the Secretary of Homeland 
     Security, in the case of an alien who is a national of a 
     country described in subparagraph (B) and who is applying for 
     admission as a nonimmigrant visitor for business or pleasure 
     and solely for entry into and stay in the United States 
     Virgin Islands for a period not to exceed 30 days, if the 
     Secretary of Homeland Security, after consultation with the 
     Secretary of the Interior, the Secretary of State, the 
     Governor of the United States Virgin Islands, determines that 
     such a waiver does not represent a threat to the welfare, 
     safety, or security of the United States or its territories 
     and commonwealths.
       ``(B) Countries.--A country described in this subparagraph 
     is a country that--
       ``(i) is a member or an associate member of the Caribbean 
     Community (CARICOM); and
       ``(ii) is listed in the regulations described in 
     subparagraph (D).
       ``(C) Alien waiver of rights.--An alien may not be provided 
     a waiver under this paragraph unless the alien has waived any 
     right--
       ``(i) to review or appeal under this Act an immigration 
     officer's determination as to the admissibility of the alien 
     at the port of entry into the United States Virgin Islands; 
     or
       ``(ii) to contest, other than on the basis of an 
     application for withholding of removal under section 
     241(b)(3) of this Act or under the Convention Against 
     Torture, or an application for asylum if permitted under 
     section 208, any action for removal of the alien.
       ``(D) Regulations.--All necessary regulations to implement 
     this paragraph shall be promulgated by the Secretary of 
     Homeland Security, in consultation with the Secretary of the 
     Interior and the Secretary of State, on or before the date 
     that is 1 year after the date of enactment of the Virgin 
     Islands Visa Waiver Act of 2013. The promulgation of such 
     regulations shall be considered a foreign affairs function 
     for purposes of section 553(a) of title 5, United States 
     Code. At a minimum, such regulations should include, but not 
     necessarily be limited to--
       ``(i) a listing of all member or associate member countries 
     of the Caribbean Community (CARICOM) whose nationals may 
     obtain, on a country by country basis, the waiver provided by 
     this paragraph, except that such regulations shall not 
     provide for a listing of any country if the Secretary of 
     Homeland Security determines that such country's inclusion on 
     such list would represent a threat to the welfare, safety, or 
     security of the United States or its territories and 
     commonwealths; and
       ``(ii) any bonding requirements for nationals of some or 
     all of those countries who may present an increased risk of 
     overstays or other potential problems, if different from such 
     requirements otherwise provided by law for nonimmigrant 
     visitors.
       ``(E) Factors.--In determining whether to grant or continue 
     providing the waiver under this paragraph to nationals of any 
     country, the Secretary of Homeland Security, in consultation 
     with the Secretary of the Interior and the Secretary of 
     State, shall consider all factors that the Secretary deems 
     relevant, including electronic travel authorizations, 
     procedures for reporting lost and stolen passports, 
     repatriation of aliens, rates of refusal for nonimmigrant 
     visitor visas, overstays, exit systems, and information 
     exchange.
       ``(F) Suspension.--The Secretary of Homeland Security shall 
     monitor the admission of nonimmigrant visitors to the United 
     States Virgin Islands under this paragraph. If the Secretary 
     determines that such admissions have resulted in an 
     unacceptable number of visitors from a country remaining 
     unlawfully in the United States Virgin Islands, unlawfully 
     obtaining entry to other parts of the United States, or 
     seeking withholding of removal or asylum, or that visitors 
     from a country pose a risk to law enforcement or security 
     interests of the United States Virgin Islands or of the 
     United States (including the interest in the enforcement of 
     the immigration laws of the United States), the Secretary 
     shall suspend the admission of nationals of such country 
     under this paragraph. The Secretary of Homeland Security may 
     in the Secretary's discretion suspend the United States 
     Virgin Islands visa waiver program at any time, on a country-
     by-country basis, for other good cause.
       ``(G) Addition of countries.--The Governor of the United 
     States Virgin Islands may request the Secretary of the 
     Interior and the Secretary of Homeland Security to add a 
     particular country to the list of countries whose nationals 
     may obtain the waiver provided by this paragraph, and the 
     Secretary of Homeland Security may grant such request after 
     consultation with the Secretary of the Interior and the 
     Secretary of State, and may promulgate regulations with 
     respect to the inclusion of that country and any special 
     requirements the Secretary of Homeland Security, in the 
     Secretary's sole discretion, may impose prior to allowing 
     nationals of that country to obtain the waiver provided by 
     this paragraph.''; and
       (B) by adding at the end the following:
       ``(v) Continued Waiver Eligibility for Widows, Widowers, 
     and Orphans.--In the case of an alien who would have been 
     statutorily eligible for any waiver of inadmissibility under 
     this Act but for the death of a qualifying relative, the 
     eligibility of such alien shall be preserved as if the death 
     had not occurred and the death of the qualifying relative 
     shall be the functional equivalent of

[[Page S5094]]

     hardship for purposes of any waiver of inadmissibility which 
     requires a showing of hardship.''.
       (2) Conforming amendments.--
       (A) Documentation requirements.--Section 212(a)(7)(iii) (8 
     U.S.C. 1182(a)(7)(iii)) is amended to read as follows:
       ``(iii) Special visa waiver programs.--For a provision 
     authorizing waiver of clause (i) in the case of visitors to 
     Guam, the Commonwealth of the Northern Mariana Islands, or 
     the United States Virgin Islands, see subsection (l).''.
       (B) Admission of nonimmigrants.--Section 214(a)(1) (8 
     U.S.C. 1184(a)(1)) is amended by inserting before the final 
     sentence the following: ``No alien admitted to the United 
     States Virgin Islands without a visa pursuant to section 
     212(l)(7) may be authorized to enter or stay in the United 
     States other than in United States Virgin Islands or to 
     remain in the United States Virgin Islands for a period 
     exceeding 30 days from date of admission to the United States 
     Virgin Islands.''.
                                 ______
                                 
  SA 1642. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 30, line 6, before ``is at least'' insert the 
     following: ``, including any technology already available to, 
     or in use by, the Department as of the date of enactment of 
     this Act,''.
       On page 82, beginning on line 3, strike ``, working through 
     U.S. Border Patrol,''.
                                 ______
                                 
  SA 1643. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 245B(c) of the Immigration and Nationality Act, 
     as added by section 2101(a) of this amendment, strike 
     paragraphs (8) through (10) and insert the following:
       ``(8) Security and law enforcement clearances.--
       ``(A) Biometric and biographic data.--The Secretary may not 
     grant registered provisional immigrant status to an alien or 
     an alien dependent spouse or child under this section unless 
     such alien submits biometric and biographic data in 
     accordance with procedures established by the Secretary.
       ``(B) Alternative procedures.--The Secretary shall provide 
     an alternative procedure for applicants who cannot provide 
     the biometric data required under subparagraph (A) because of 
     a physical impairment.
       ``(C) Clearances and other prerequisites.--
       ``(i) In general.--Before any alien may be granted 
     registered provisional immigrant status, the Secretary 
     shall--

       ``(I) enable all aliens applying for such status to file 
     applications electronically;
       ``(II) ensure that in addition to the submission of 
     biometric and biographic data under subparagraph (A), an 
     alien applying for such status submits to national security 
     and law enforcement clearances, which shall be paid for with 
     the fees collected under paragraph (10)(A) and shall 
     include--

       ``(aa) a State and local criminal background check through 
     the National Law Enforcement Telecommunication System, 
     including the exchange of interstate driver license photos, 
     if available;
       ``(bb) a fingerprint check by the Federal Bureau of 
     Investigation;
       ``(cc) verification that the alien is not listed on the 
     consolidated terrorist watch list of the Federal Government;
       ``(dd) screening by the Office of Biometric and Identity 
     Management (formerly known as `US-VISIT'); and
       ``(ee) a check against the TECS system (formerly known as 
     the `Treasury Enforcement Communications System');

       ``(III) ensure that an official of the agency performing 
     each such clearance documents the results of the clearance; 
     and
       ``(IV) establish procedures to ensure that a minimum of 5 
     percent of the aggregate pool of applicants for registered 
     provisional immigrant status at any time are randomly 
     selected for interviews.

       ``(ii) Additional security screening.--The Secretary, in 
     consultation with the Secretary of State and other 
     interagency partners, shall conduct an additional security 
     screening upon determining, in the Secretary's opinion based 
     upon information related to national security, that an alien 
     or alien dependent spouse or child is or was a citizen or 
     long-term resident of a region or country known to pose a 
     threat, or that contains groups or organizations that pose a 
     threat, to the national security of the United States.
       ``(iii) Prerequisite.--The required clearances and 
     screenings described in clauses (i)(I) and (ii) shall be 
     completed before the alien may be granted registered 
     provisional immigrant status.
       ``(9) Duration of status and extension.--
       ``(A) In general.--The initial period of authorized 
     admission for a registered provisional immigrant--
       ``(i) shall remain valid for 6 years unless revoked 
     pursuant to subsection (d)(2); and
       ``(ii) may be extended for additional 6-year terms if--

       ``(I) the alien remains eligible for registered provisional 
     immigrant status;
       ``(II) the alien meets the employment requirements set 
     forth in subparagraph (B);
       ``(III) the alien has successfully passed background checks 
     that are equivalent to the background checks described in 
     section 245D(b)(1)(E); and
       ``(IV) such status was not revoked by the Secretary for any 
     reason.

       ``(B) Employment or education requirement.--Except as 
     provided in subparagraphs (D) and (E) of section 245C(b)(3), 
     an alien may not be granted an extension of registered 
     provisional immigrant status under this paragraph unless the 
     alien establishes that, during the alien's period of status 
     as a registered provisional immigrant, the alien--
       ``(i)(I) was regularly employed throughout the period of 
     admission as a registered provisional immigrant, allowing for 
     brief periods lasting not more than 60 days; and
       ``(II) is not likely to become a public charge (as 
     determined under section 212(a)(4)); or
       ``(ii) is able to demonstrate average income or resources 
     that are not less than 100 percent of the Federal poverty 
     level throughout the period of admission as a registered 
     provisional immigrant.
       ``(C) Payment of taxes.--An applicant may not be granted an 
     extension of registered provisional immigrant status under 
     subparagraph (A)(ii) unless the applicant has satisfied any 
     applicable Federal tax liability in accordance with paragraph 
     (2).
       ``(10) Fees and penalties.--
       ``(A) Standard processing fee.--
       ``(i) In general.--Aliens who are 16 years of age or older 
     and are applying for registered provisional immigrant status 
     under paragraph (1), or for an extension of such status under 
     paragraph (9)(A)(ii), shall pay a processing fee to the 
     Department of Homeland Security in an amount determined by 
     the Secretary.
       ``(ii) Recovery of costs.--The processing fee authorized 
     under clause (i) shall be set at a level that is sufficient 
     to recover the full costs of processing the application, 
     including any costs incurred--

       ``(I) to adjudicate the application;
       ``(II) to take and process biometrics;
       ``(III) to perform national security and criminal checks, 
     clearances, and other prerequisites required under paragraph 
     (8)(C), including adjudication;
       ``(IV) to prevent and investigate fraud; and
       ``(V) to administer the collection of such fee.

       ``(iii) Authority to limit fees.--The Secretary, by 
     regulation, may--

       ``(I) limit the maximum processing fee payable under this 
     subparagraph by a family, including spouses and unmarried 
     children younger than 21 years of age; and
       ``(II) exempt defined classes of individuals, including 
     individuals described in section 245B(c)(13), from the 
     payment of the fee authorized under clause (i).

       ``(B) Deposit and use of processing fees.--Fees collected 
     under subparagraph (A)(i)--
       ``(i) shall be deposited into the Immigration Examinations 
     Fee Account pursuant to section 286(m); and
       ``(ii) shall remain available until expended pursuant to 
     section 286(n).
       ``(C) Penalty.--
       ``(i) Payment.--In addition to the processing fee required 
     under subparagraph (A), aliens not described in section 
     245D(b)(A)(ii) who are 21 years of age or older and are 
     filing an application under this subsection shall pay a 
     $1,000 penalty to the Department of Homeland Security.
       ``(ii) Installments.--The Secretary shall establish a 
     process for collecting payments required under clause (i) 
     that permits the penalty under that clause to be paid in 
     periodic installments that shall be completed before the 
     alien may be granted an extension of status under paragraph 
     (9)(A)(ii).
       ``(iii) Deposit.--Penalties collected pursuant to this 
     subparagraph shall be deposited into the Comprehensive 
     Immigration Reform Trust Fund established under section 
     6(a)(1) of the Border Security, Economic Opportunity, and 
     Immigration Modernization Act.''.
                                 ______
                                 
  SA 1644. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title III, add the following:

     SEC. 3722. REMOVAL OF NONIMMIGRANTS WHO OVERSTAY THEIR VISAS.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall immediately 
     initiate removal proceedings, in accordance with chapter 4 of 
     title II of the Immigration and Nationality Act (8 U.S.C. 
     1221 et seq.), against not fewer than 90 percent of the 
     aliens who--
       (1) were admitted as nonimmigrants after such date of 
     enactment; and
       (2) have exceeded their authorized period of admission.
       (b) Report.--At the end of each calendar quarter, the 
     Secretary shall submit a report to Congress that identifies--
       (1) the total number of aliens who exceeded their 
     authorized period of stay as nonimmigrants during that 
     quarter;

[[Page S5095]]

       (2) the total number of aliens described in paragraph (1) 
     against whom the Secretary has initiated removal proceedings; 
     and
       (3) statistics about aliens who lawfully entered the United 
     States and exceeded their authorized period of admission, 
     categorized by visa type and nation of origin.
                                 ______
                                 
  SA 1645. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       In section 245B(c)(4) of the Immigration and Nationality 
     Act, as added by section 2101(a) of this amendment, strike 
     subparagraph (C) and insert the following:
       ``(C) Interviews.--
       ``(i) Mandatory interviews.--Before granting a waiver of 
     ineligibility for registered provisional immigrant status 
     under this section, the Secretary, through U.S. Citizenship 
     and Immigration Services, shall conduct an in-person 
     interview if the applicant is present in the United States 
     and is described in paragraph (2) or (6)(B) of section 212(a) 
     (relating to criminal aliens and aliens who failed to appear 
     at prior removal hearings).
       ``(ii) Permitted interviews.--The Secretary, through U.S. 
     Citizenship and Immigration Services, may interview 
     applicants for registered provisional immigrant status not 
     described in clause (i) to determine whether they meet the 
     eligibility requirements set forth in subsection (b).
                                 ______
                                 
  SA 1646. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 255, strike lines 3-14, and insert the 
     following:
       ``(1) Qualifying employment.--Except as provided in 
     paragraph (3), during the 8-year period beginning on the date 
     of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act the alien 
     performed not less than 180 work days of agricultural 
     employment during each of 5 years.
                                 ______
                                 
  SA 1647. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 233, line 5, add after the period the following: 
     ``The Secretary shall ensure that those aliens residing 
     outside of the United States who are eligible to submit an 
     application are able to do so through the United States 
     Consulate in the alien's country of residence.''.
                                 ______
                                 
  SA 1648. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 331, line 19, strike ``1 year'' and insert ``3 
     years''.
       On page 331, strike lines 22 through 25.
       On page 332, line 19, strike ``1 year'' and insert ``3 
     years''.
                                 ______
                                 
  SA 1649. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 315, between lines 8 and 9, insert the following:
       ``(ii) Limitation.--Notwithstanding clause (i), an alien 
     who is or was a nonimmigrant agricultural worker is not 
     eligible for legal services under the Legal Services 
     Corporation Act (42 U.S.C. 2996 et seq.) if such alien is 
     located outside the United States.
       Beginning on page 316, strike lines 7 through 15 and insert 
     the following:
       ``(iv) 90-day limit.--The Federal Mediation and 
     Conciliation Service may conduct mediation or other binding 
     dispute resolution activities for a period not to exceed 90 
     days beginning on the date on which the Federal Mediation and 
     Conciliation Service receives a request for assistance under 
     clause (ii) unless the parties agree to an extension of such 
     period.
       ``(v) Binding mediation.--Mediation or other dispute 
     resolution activities carried out under this subparagraph 
     shall be binding on the parties.
                                 ______
                                 
  SA 1650. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 306, strike line 18 and all that follows through 
     page 309, line 12, and insert the following:
       ``(2) Job categories.--
       ``(A) In general.--For purposes of paragraph (1), each 
     nonimmigrant agricultural worker employed by such employer 
     shall be assigned to 1 of the following occupational 
     classifications:
       ``(i) High-skilled agricultural workers, including the 
     following, as defined by the Bureau of Labor Statistics:

       ``(I) Agricultural equipment operators (45-2091).
       ``(II) Farmworkers, Farm, Ranch, and Aquacultural Animals 
     (45-2093).

       ``(ii) Low-skilled agricultural workers, including the 
     following, as defined by the Bureau of Labor Statistics:

       ``(I) Graders and Sorters, Agricultural Products (45-2041).
       ``(II) Farmworkers and Laborers, Crops, Nursery, and 
     Greenhouse (45-2092).

       ``(B) Determination of classification.--A nonimmigrant 
     agricultural worker is employed in an occupational 
     classification described in clause (i) or (ii) of 
     subparagraph (A) if the worker performs activities associated 
     with that occupational classification, as specified on the 
     employee's petition, for at least 75 percent of the time in a 
     semiannual employment period.
       ``(3) Determination of wage rate.--
       ``(A) Calendar years 2014 through 2016.--The wage rate 
     under this paragraph for calendar years 2014 through 2016 
     shall be the following:
       ``(i) For the category described in paragraph (2)(A)(i)--

       ``(I) $11.06 for calendar year 2014;
       ``(II) $11.34 for calendar year 2015; and
       ``(III) $11.62 for calendar year 2016.

       ``(ii) For the category described in paragraph (2)(A)(ii)--

       ``(I) $9.27 for calendar year 2014;
       ``(II) $9.50 for calendar year 2015; and
       ``(III) $9.74 for calendar year 2016.

       ``(B) Subsequent years.--The Secretary shall increase the 
     hourly wage rates set forth in clause (i) and (ii) of 
     subparagraph (A), for
                                 ______
                                 
  SA 1651. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 273, strike lines 10-18 and insert the following:
       ``(B) Allocation of visas.--
       ``(i) In general.--The allocation of visas described in 
     subparagraph (A) for a year shall be allocated as follows:

       ``(I) 70 percent shall be available January 1.
       ``(II) 30 percent shall be available July 1.

       ``(ii) Unused visas.--Any visas available on January 1 of a 
     year under clause (i)(I) that are unused as of July 1 of that 
     year shall be added to the allocation available to allocation 
     available on July 1 of that year under clause (i)(II).
                                 ______
                                 
  SA 1652. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 254, line 20, strike ``5 years'' and insert ``7 
     years''.
                                 ______
                                 
  SA 1653. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 252 after line 7 insert: ``An employer shall not be 
     required to provide such written record to the alien or to 
     the Secretary of Agriculture more than once per year.''
                                 ______
                                 
  SA 1654. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 232, lines 2 and 3, strike ``575 hours or 100 work 
     days'' and insert ``1000 hours or 180 work days''.
       On page 262, strike lines 7-13 and insert the following:
       ``(C) Sufficient evidence.--An alien who cannot meet the 
     burden of proof otherwise required by subparagraph (A) may, 
     in an interview with the Secretary, establish that the alien 
     has performed the days or hours of work referred to in 
     subparagraph (A) by producing sufficient evidence to show the 
     extent of that employment as a matter of just and reasonable 
     inference.

[[Page S5096]]

                                 ______
                                 
  SA 1655. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 293, line 20, add ``and'' after the semicolon.
       On page 293, strike lines 23 through page 294, and insert 
     the following: ``recent 4-year period.''.
                                 ______
                                 
  SA 1656. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 244, line 17, strike ``$100'' and insert ``$500''.

       On page 257, line 14, strike ``$400'' and insert ``$500''.
                                 ______
                                 
  SA 1657. Mrs. FEINSTEIN (for herself, Mr. Kirk, Mr. Coons, Mr. Udall 
of New Mexico, Mr. Cornyn, and Mr. Blunt) submitted an amendment 
intended to be proposed to amendment SA 1183 submitted by Mr. Leahy 
(for himself and Mr. Hatch) to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 49, strike lines 20 through 23 and insert the 
     following:

     Act;

       (xviii) costs to the Judiciary estimated to be caused by 
     the implementation of this Act and the amendments made by 
     this Act, as the Secretary and the Judicial Conference of the 
     United States shall jointly determine in consultation with 
     the Attorney General; and
       (xix) the operations and maintenance costs associated with 
     the implementation of clauses (i) through (xvii).
                                 ______
                                 
  SA 1658. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 863 of the amendment, after line 21, insert the 
     following:

     SEC. 3912. PROTECTION OF DOMESTIC VIOLENCE SURVIVORS.

       (a) Relief From Certain Restrictions on Adjustment of 
     Status.--
       (1) Relief from certain restrictions for domestic violence 
     survivors.--Section 245(d) (8 U.S.C. 1255(d)), as amended by 
     section 2310(c) of this Act, is amended in paragraph (1) in 
     the second sentence by striking the period at the end and 
     inserting ``, unless the alien is the spouse of an alien 
     lawfully admitted for legal permanent residence or of a 
     citizen of the United States and is a VAWA self-
     petitioner.''.
       (2) Conforming application in cancellation of removal.--
     Section 240A(b)(2)(A)(i) (8 U.S.C. 1229b(b)(2)(A)(i)) is 
     amended--
       (A) in subclause (II), by striking ``or'' at the end;
       (B) in subclause (III), by adding ``or'' at the end; and
       (C) by adding at the end the following:

       ``(IV) the alien entered the United States as an alien 
     described in section 101(a)(15)(K) with the intent to enter 
     into a valid marriage and the alien (or the child of the 
     alien who is described in such section) was battered or 
     subject to extreme cruelty by the United States citizen who 
     filed the petition to accord status under such section;''.

       (3) Application under suspension of deportation for 
     domestic violence survivors.--The Secretary or the Attorney 
     General may suspend the deportation of an alien who is in 
     deportation proceedings initiated prior to March 1, 1997 and 
     adjust to the status of an alien lawfully admitted for 
     permanent residence, if the alien--
       (A) has been physically present in the United States for a 
     continuous period of not less than 3 years immediately 
     preceding the date of such suspension;
       (B) has been battered or subjected to extreme cruelty in 
     the United States by a spouse or immediate family member who 
     is a United States citizen or a lawful permanent resident, or 
     the alien entered the United States as an alien described in 
     section 101(a)(15)(K) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(K)) with the intent to enter into a 
     valid marriage and the alien was battered or subject to 
     extreme cruelty by the United States citizen who filed the 
     petition to accord status under such section, or the child of 
     the alien who is described in this subparagraph;
       (C) demonstrates that during all of such time in the United 
     States the alien was and is a person of good moral character; 
     and
       (D) is a person whose deportation would, in the opinion of 
     the Secretary or Attorney General, result in extreme hardship 
     to the alien or the alien's parent or child.
       (4) Effective date.--This subsection and the amendments 
     made by this subsection shall take effect on the date of the 
     enactment of this Act and shall apply to aliens admitted 
     before, on, or after such date.
       (b) Relief for Domestic Violence Survivor Visa Waiver 
     Entrants.--
       (1) In general.--Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is 
     amended by inserting ``, as a VAWA self-petitioner or for 
     relief under section 101(a)(15)(T), section 101(a)(15)(U), 
     section 240A(b)(2), or under any prior statute providing 
     comparable relief, notwithstanding any other provision of 
     law,'' after ``asylum,''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to waivers provided under section 217(b)(2) 
     of the Immigration and Nationality Act before, on, or after 
     such date as if it had been included in such waivers.
       (c) Applicability of Section 212(e) to Spouses and Children 
     of J-1 Exchange Visitors.--In addition to the individuals 
     described in section 2405(c) of this Act, applicants approved 
     for nonimmigrant status under subparagraph (T) or (U) of 
     section 101(a)(15) of the Immigration and Nationality Act and 
     VAWA self-petitioners, as defined in section 101(a)(51) of 
     such Act, shall not be subject to the requirements of section 
     212(e) of such Act (8 U.S.C. 1182(e)).
       (d) Waiver Relating to Certain Crimes.--Section 212(h), as 
     amended by section 3711(c)(1)(B), is amended by striking 
     ``and (E)'' and inserting ``(E), and (K)''.
                                 ______
                                 
  SA 1659. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to 
the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 273, between lines 13 and 14, insert the following:
       (3) Notario fraud.--The term ``notario fraud'' means 
     immigration service providers engaging in fraudulent conduct 
     or willful misrepresentation of the provider's legal 
     authority to provide representation to immigrant clientele 
     and in Federal immigration proceedings.
       (d) Combating Notario Fraud Grant Program.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Attorney General shall 
     establish a program, to be known as the ``Combating Notario 
     Fraud Grant Program'', under which the Attorney General shall 
     award incentive grants to eligible entities to support the 
     adoption of dual scheme of State criminal laws and Board of 
     Law Examiners authorization to combat notario fraud.
       (2) Eligible entities.--In this subsection, an ``eligible 
     entity'' is--
       (A) a State; or
       (B) a regional partnership.
       (3) Maximum amount.--An incentive grant awarded by the 
     Attorney General may not exceed $25,000,000.
       (4) Application.--
       (A) In general.--An eligible entity seeking an incentive 
     grant under this subsection shall submit an application to 
     the Attorney General at such time, in such form, and in such 
     manner as the Attorney General may require.
       (B) Contents.--Each application submitted under 
     subparagraph (A) shall include--
       (i) the current enforcement scheme to combat notario fraud 
     under the laws of the State or States represented by the 
     eligible entity;
       (ii) the additional changes to the criminal laws of the 
     State, the State Board of Law Examiners authority, and 
     staffing levels to better address notario fraud in the State 
     or States represented by the eligible entity; and
       (iii) such other information as the Attorney General 
     considers appropriate.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
                                 ______
                                 
  SA 1660. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     TITLE __--ANALYSIS OF MIGRATION TRENDS AND FOREIGN ASSISTANCE 
                             PRIORITIZATION

     SEC. __01. DEVELOPMENT OF ASSESSMENT AND STRATEGY ADDRESSING 
                   FACTORS DRIVING MIGRATION.

       (a) Development of Assessment.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on migration 
     to the United States from the countries specified in 
     paragraph (2) that includes--
       (A) a baseline assessment of the primary factors driving 
     migration from those countries;
       (B) an assessment of the impact of United States foreign 
     assistance, trade, and foreign policy on migration trends in 
     those countries; and
       (C) an assessment of ongoing migrant protection issues and 
     measures to address humanitarian and safety concerns in 
     current migration flows, particularly such measures

[[Page S5097]]

     taken by the United States, the Government of Mexico, and the 
     governments of countries in Central America to address such 
     issues in Mexico and on the Southern border of the United 
     States.
       (2) Countries specified.--The countries specified in this 
     paragraph are the 10 countries determined by the Comptroller 
     Genera to have the highest rates of irregular migration to 
     the United States.
       (3) Consultations.--In preparing the report required by 
     paragraph (1), the Comptroller General may consult with civil 
     society organizations in the United States and the countries 
     specified in paragraph (2).
       (b) Strategy to Address Factors Driving Immigration.--
       (1) In general.--The Secretary of State, working with the 
     Administrator of the United States Agency for International 
     Development, and in consultation with the entities specified 
     in paragraph (2), shall submit to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives a strategy for addressing the 
     economic, social, and security factors driving high rates of 
     irregular migration from the countries specified in 
     subsection (a)(2).
       (2) Entities specified.--The entities specified in this 
     paragraph are the following:
       (A) The Millennium Challenge Corporation.
       (B) The Bureau of Population, Refugees, and Migration of 
     the Department of State.
       (C) The Department of Homeland Security.
       (D) The Department of Labor.
       (E) The Department of Agriculture.
       (F) The Office of the United States Trade Representative.
       (G) Civil society organizations in the United States.
       (H) Civil society organizations in the countries specified 
     in subsection (a)(2).
       (3) Elements of strategy.--The strategy required paragraph 
     (1) shall include--
       (A) a summary and evaluation of current assistance provided 
     by the United States to the countries specified in subsection 
     (a)(2);
       (B) an identification of the regions and municipalities in 
     those countries experiencing the highest emigration rates and 
     the current level of United States assistance or investment 
     in those regions and municipalities; and
       (C) recommendations for future United States Government 
     assistance and technical support to address key economic, 
     social, and development factors identified in those countries 
     that are designed to ensure appropriate engagement of 
     national and local governments and civil society 
     organizations.

     SEC. __02. PRIORITIZATION OF MIGRATION SOURCE COUNTRIES BY 
                   THE UNITED STATES AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT.

       (a) In General.--The Administrator of the United States 
     Agency for International Development (in this section 
     referred to as the ``Administrator'') shall coordinate with 
     relevant agencies of the United States and agencies of the 
     countries specified in section __01(a)(2) to promote public 
     policies that prioritize inclusive growth, poverty reduction, 
     and sustainable alternatives to emigration.
       (b) Migration and Development Programming.--The 
     Administrator shall provide migration and development 
     programming to assist communities and economic sectors in the 
     countries specified in section __01(a)(2), including 
     communities--
       (1) that currently experience, or are projected to soon 
     experience, high rates of population loss due to 
     international migration to the United States;
       (2) experiencing or at high risk of trafficking in persons;
       (3) that are receiving high rates of returned or deported 
     migrants from the United States;
       (4) affected by destabilizing levels of generalized 
     violence, or violence associated with gangs, drug 
     trafficking, or other criminal activity; and
       (5) that currently have developed partnerships with migrant 
     associations and federations based in the United States.
       (c) Targeted Assistance.--The Secretary of State and the 
     Administrator shall work with the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate 
     and the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives to increase, 
     beginning in fiscal year 2014, financial assistance to the 
     communities described in subsection (b) with the goal of--
       (1) alleviating rural poverty and revitalizing agricultural 
     production by supporting public and private investment in 
     comprehensive rural development strategies, which should 
     include--
       (A) strengthening the quality and sustainability of rural 
     extension services;
       (B) expansion of agro-enterprise and agricultural value 
     chain initiatives;
       (C) investment in farm-to-market roads and storage 
     facilities for small farmers and cooperatives; and
       (D) assistance to protect the environment, promote safe and 
     sustainable natural resource development, strengthen climate 
     change adaptation, and expand access to credit and micro-
     finance opportunities for small farmers;
       (2) fully funding micro-finance and micro-enterprise 
     initiatives, ensuring mechanisms for access to rural credit 
     and micro-insurance, and targeting available funding to 
     traditionally marginalized groups and at risk populations, 
     particularly youth and indigenous populations;
       (3) promoting public-private partnerships for income 
     generation, employment, and violence reduction, and 
     prioritizing urban youth;
       (4) incorporating mechanisms to adapt and expand financial 
     (savings and credit) and non-financial (property and 
     livelihood insurance) opportunities for vulnerable families 
     in disaster risk reduction and recovery strategies; and
       (5) increasing public-private diaspora partnerships for 
     development in the Western Hemisphere, through the United 
     States Agency for International Development's Global 
     Development Alliance model and multilateral initiatives.

     SEC. __03. SENSE OF CONGRESS ON INCREASED UNITED STATES 
                   FOREIGN POLICY COHERENCE IN THE WESTERN 
                   HEMISPHERE.

       (a) Findings.--Congress makes the following findings:
       (1) More than 80 percent of the current unauthorized 
     immigration to the United States originates in Latin America, 
     primarily in Mexico and Central America.
       (2) Mexico and Central America have made strides in 
     economic growth in recent years, but the majority of their 
     populations, particularly in the rural sector, live in 
     poverty, a factor that continues to drive emigration.
       (3) The Mexico and Central America migration corridor 
     maintains strong historic and current ties to the United 
     States through trade and economic integration, labor flows, 
     and geographic proximity, and will require particular 
     bilateral and multilateral efforts to address shared concerns 
     and promote shared opportunities.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of State should review United States foreign 
     policy toward Latin America in order to strengthen 
     hemispheric security through the reduction of poverty and 
     inequality, expansion of equitable trade, and support for 
     democratic institutions, citizen security, and the rule of 
     law, as essential elements of a consolidated and well-managed 
     regional migration policy.
                                 ______
                                 
  SA 1661. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PRECERTIFICATION PROCEDURES FOR EMPLOYERS.

       Section 214(c) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)), as amended by section 4103(a), is further 
     amended by adding at the end the following new paragraph:
       ``(16)(A) Precertification procedures for employers.--Not 
     later than 180 days after the date of the enactment of the 
     Border Security, Economic Opportunity, and Immigration 
     Modernization Act, the Secretary of Homeland Security shall 
     establish and implement a precertification procedure for 
     employers who file multiple petitions described in this 
     subsection or section 203(b). Such precertification procedure 
     shall enable an employer to avoid repeatedly submitting 
     documentation that is common to multiple petitions and 
     establish criteria relating to the employer and the offered 
     employment opportunity through a single filing.
       ``(B) Fees.--(i) The Secretary shall impose a fee on each 
     employer that uses the precertification procedure under 
     subparagraph (A).
       ``(ii) In determining the amount of the fee to be imposed 
     under clause (i), the Secretary shall establish a lower rate 
     for small business concerns (as defined by section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a))).
       ``(iii) Fees collected under this subparagraph shall be 
     available to reimburse the Secretary for the costs of the 
     precertification procedure.''.
                                 ______
                                 
  SA 1662. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page __, between lines __ and __, insert the following:
       (3) Notario fraud.--The term ``notario fraud'' means 
     immigration service providers engaging in fraudulent conduct 
     or willful misrepresentation of the provider's legal 
     authority to provide representation to immigrant clientele 
     and in Federal immigration proceedings.
       (d) Combating Notario Fraud Grant Program.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Attorney General shall 
     establish a program, to be known as the ``Combating Notario 
     Fraud Grant Program'', under which the Attorney General shall 
     award incentive grants to eligible entities to support the 
     adoption of dual scheme of State criminal laws and Board of 
     Law Examiners authorization to combat notario fraud.
       (2) Eligible entities.--In this subsection, an ``eligible 
     entity'' is--
       (A) a State; or
       (B) a regional partnership.
       (3) Maximum amount.--An incentive grant awarded by the 
     Attorney General may not exceed $25,000,000.
       (4) Application.--
       (A) In general.--An eligible entity seeking an incentive 
     grant under this subsection

[[Page S5098]]

     shall submit an application to the Attorney General at such 
     time, in such form, and in such manner as the Attorney 
     General may require.
       (B) Contents.--Each application submitted under 
     subparagraph (A) shall include--
       (i) the current enforcement scheme to combat notario fraud 
     under the laws of the State or States represented by the 
     eligible entity;
       (ii) the additional changes to the criminal laws of the 
     State, the State Board of Law Examiners authority, and 
     staffing levels to better address notario fraud in the State 
     or States represented by the eligible entity; and
       (iii) such other information as the Attorney General 
     considers appropriate.
       (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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