[Congressional Record Volume 159, Number 86 (Monday, June 17, 2013)]
[Senate]
[Pages S4524-S4533]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1287. Mr. COATS 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 855, strike line 24 and all that follows through 
     page 856, line 9, 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 a certification to Congress stating that 
     the Department 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

[[Page S4525]]

     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.
                                 ______
                                 
  SA 1288. Mr. COATS 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 1583, line 19, before ``to conduct'' insert ``, in 
     addition to for-profit entities,''.
                                 ______
                                 
  SA 1289. Mr. GRASSLEY (for Mr. Vitter) submitted an amendment 
intended to be proposed by Mr. Grassley 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. __. ELIGIBILITY FOR CHILD TAX CREDIT.

       (a) Required Submission of Taxpayer Identification 
     Numbers.--
       (1) In general.--Subsection (e) of section 24 of the 
     Internal Revenue Code of 1986 is amended by striking ``under 
     this section to a taxpayer'' and all that follows and 
     inserting ``under this section to any taxpayer unless--
       ``(1) such taxpayer includes the taxpayer's valid 
     identification number (as defined in section 6428(h)(2)) on 
     the return of tax for the taxable year, and
       ``(2) with respect to any qualifying child, the taxpayer 
     includes the name and taxpayer identification number of such 
     qualifying child on such return of tax.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
       (b) Report by Inspector General for Tax Administration.--
     Not later than 90 days after the end of the first fiscal year 
     following the date of the enactment of this Act, the Treasury 
     Inspector General for Tax Administration shall submit a 
     report to the relevant committees of Congress that includes 
     the total amount of credits allowed under section 24 of the 
     Internal Revenue Code of 1986 for the preceding fiscal year 
     to individuals who--
       (1) were unlawfully present in the United States; or
       (2) were not citizens or lawful permanent residents of the 
     United States and filed a tax return without a valid 
     identification number for the taxpayer or the qualifying 
     child.
                                 ______
                                 
  SA 1290. Mr. GRASSLEY (for Mr. Vitter) submitted an amendment 
intended to be proposed by Mr. Grassley 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. UNLAWFUL VOTING.

       (a) Aggravated Felony.--Paragraph (43) of section 101(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)) is 
     amended--
       (1) in subparagraph (T), by striking ``and'' at the end;
       (2) in subparagraph (U), by striking the period at the end 
     and inserting a semicolon and ``and''; and
       (3) by adding at the end the following:
       ``(V) an offense described in section 611 of title 18, 
     United States Code, committed by an alien who is unlawfully 
     present in the United States.''.
       (b) Deportable Offense.--Paragraph (2) of section 237(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1227(a)), as 
     amended by sections 3701 and 3702, is further amended by 
     adding at the end the following:
       ``(I) Voting offenses.--Any alien who is unlawfully present 
     in the United States and who knowingly commits a violation of 
     section 611 of title 18, United States Code.''.
                                 ______
                                 
  SA 1291. Mr. GRASSLEY (for Mr. Vitter) submitted an amendment 
intended to be proposed by Mr. Grassley 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 USE OF FEDERAL FUNDS IN 
                   CONTRAVENTION OF SECTION 642(A) OF THE ILLEGAL 
                   IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY 
                   ACT OF 1996.

       No funds made available 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 under section 241(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(i)) may be used in 
     contravention of section 642(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1373(a)).
                                 ______
                                 
  SA 1292. Mr. GRASSLEY (for Mr. Vitter) submitted an amendment 
intended to be proposed by Mr. Grassley 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 1300, between lines 11 and 12, insert the 
     following:

                   CHAPTER 5--BIRTHRIGHT CITIZENSHIP

     SEC. 2561. SHORT TITLE.

       This chapter may be cited as the ``Birthright Citizenship 
     Act of 2013''.

     SEC. 2562. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN 
                   THE UNITED STATES.

       (a) In General.--Section 301 (8 U.S.C. 1401) is amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     following'';
       (2) by redesignating subsections (a) through (h) as 
     paragraphs (1) through (8), respectively, and indenting such 
     paragraphs, as redesignated, an additional 2 ems to the 
     right; and
       (3) by adding at the end the following:
       ``(b) Definition.--Acknowledging the right of birthright 
     citizenship established by section 1 of the 14th Amendment to 
     the Constitution of the United States, a person born in the 
     United States shall be considered `subject to the 
     jurisdiction' of the United States for purposes of subsection 
     (a)(1) only if the person is born in the United States and at 
     least 1 of the person's parents is--
       ``(1) a citizen or national of the United States;
       ``(2) an alien lawfully admitted for permanent residence in 
     the United States whose residence is in the United States; or
       ``(3) an alien performing active service in the armed 
     forces (as defined in section 101 of title 10, United States 
     Code).''.
       (b) Applicability.--The amendment made by subsection (a)(3) 
     may not be construed to affect the citizenship or nationality 
     status of any person born before the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 1293. Mr. BEGICH 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 1829, between lines 20 and 21, insert the 
     following:
       ``(C) Set aside.--
       ``(i) In general.--Of the registered positions authorized 
     under each of clauses (i), (ii), and (iii), 5,000 shall be 
     set aside for W nonimmigrants who will be employed in areas 
     of Alaska designated by the Alaska Department of Labor and 
     Workforce Development in an occupation in the seafood 
     processing industry that has been designated by the 
     Commissioner as a shortage occupation.
       ``(ii) Release of visas.--Any visas set aside in a program 
     year pursuant to clause (i) that are not issued by July 1st 
     of such year, shall be made available for W nonimmigrants not 
     described in clause (i).
                                 ______
                                 
  SA 1294. Mr. CARDIN 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 969, beginning on line 15, strike ``employment'' 
     and insert ``employment, community service, or education''.
       On page 969, line 24, strike ``Employment or education'' 
     and inserting ``Employment, education, or community 
     service''.
       On page 970, line 7, insert ``or engaged in community 
     service'' after ``regularly employed''.
       On page 986, line 3, insert ``or engaged in community 
     service'' after ``regularly employed''.
       On page 987, beginning on line 6, strike ``employment or 
     education'' and insert ``employment, education, or community 
     service''.
       On page 987, line 11, strike ``employment or education,'' 
     and insert ``employment, education, or community service,''.
       On page 987, between lines 18 and 19 insert the following:

       ``(V) records of a faith-based or nonprofit organization 
     recognized as such, pursuant to section 501(c) of the 
     Internal Revenue Code 16 of 1986;''.

                                 ______
                                 
  SA 1295. Mr. CRUZ (for himself and Mr. Vitter) 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 1626, between lines 12 and 13, insert the 
     following:

                Subtitle __--Protecting Voter Integrity

     SEC. 3901. 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 1296. Mr. SCHATZ (for himself and Mr. Kirk) submitted an amendment 
intended to be proposed by him to the bill S. 744, to provide for 
comprehensive immigration reform and for

[[Page S4526]]

other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                         TITLE V--MISCELLANEOUS

     SEC. 5001. REPORT ON VISA PROCESSING AT UNITED STATES 
                   EMBASSIES AND CONSULATES.

       (a) Initial Report.--Not later than 1 year after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on visa 
     processing at United States embassies and consulates that--
       (1) assesses the efforts of the Department of State to 
     expand its visa processing capacity in the People's Republic 
     of China and Brazil;
       (2) provides recommendations, if warranted, for improving 
     the effectiveness of those efforts;
       (3) identifies the challenges to meeting staffing 
     requirements with respect to visa processing at United States 
     embassies and consulates, including staffing shortages and 
     foreign language proficiency requirements;
       (4) discusses how those challenges affect the ability of 
     the Department of State to carry out visa operations;
       (5) describes what actions the Department of State has 
     taken to address those challenges; and
       (6) provides recommendations, if warranted, for improving 
     the efforts of the Department of State to meet staffing 
     requirements at United States embassies and consulates.
       (b) Subsequent Report.--Not later than 2 years after 
     submitting the report required by subsection (a), the 
     Comptroller General shall submit to Congress a report 
     assessing the progress made by the Department of State with 
     respect to the matters included in the report required by 
     subsection (a) since the submission of that report.
                                 ______
                                 
  SA 1297. Ms. KLOBUCHAR (for herself, Mr. Coats, and Ms. Landrieu) 
submitted an amendment intended to be proposed by her 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 1226, line 3, strike ``Section'' and insert the 
     following:
       (a) In General.--Section
       On page 1226, after line 25, add the following:
       (b) Effect of Adoption Documentation.--
       (1) In general.--For purposes of all immigration laws of 
     the United States, the Director of U.S. Citizenship and 
     Immigration Services, the Secretary of State, and all other 
     Federal agencies shall accept adoption documentation 
     presented on behalf of a child as evidence that the child 
     satisfies the requirements set forth in section 101(b)(1)(E) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(b)(1)(E)), regardless of whether the child has been in 
     the legal custody of, and has resided with, the adopting 
     parent or parents for 2 years, if the documentation 
     includes--
       (A) a Hague Adoption Certificate, certifying that the 
     adoption of the child was granted in compliance with the 
     Convention, affixed to an adoption decree issued by the 
     Central Authority (as such term is used in the Convention on 
     Protection of Children and Co-operation in Respect of 
     Intercountry Adoption, done at the Hague on May 29, 1993) of 
     the child's sending country to the adoptive parents,; or
       (B) a Hague Custody Declaration, certifying that the 
     custody of the child was granted in compliance with the 
     Convention, affixed to a custody or guardianship decree 
     issued by the Central Authority of the child's sending 
     country to the adoptive parents, and a final adoption decree, 
     verifying that the adoption of the child was later finalized 
     outside the United States by the adoptive parents.
       (2) Substantial compliance with hague convention.--
     Paragraph (1) shall not apply unless, on the date on which 
     the underlying adoption, custody, or guardianship decree was 
     issued by the child's sending country, that country's 
     adoption procedures substantially complied with the 
     requirements of the Convention.
                                 ______
                                 
  SA 1298. Mr. PRYOR (for himself and Mr. Johanns) 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 end of section 1102, add the following:
       (e) Recruitment of Former Members of the Armed Forces and 
     Members of Reserve Components of the Armed Forces.--
       (1) Requirement for program.--The Secretary, in conjunction 
     with the Secretary of Defense, shall establish a program to 
     actively recruit members of the reserve components of the 
     Armed Forces and former members of the Armed Forces, 
     including the reserve components, to serve in United States 
     Customs and Border Protection and United States Immigration 
     and Customs Enforcement.
       (2) Recruitment incentives.--
       (A) Student loan repayments for united states border patrol 
     agents with a three-year commitment.--Section 5379(b) of 
     title 5, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(4) In the case of an employee who is otherwise eligible 
     for benefits under this section and who is serving as a full-
     time active-duty United States border patrol agent within the 
     Department of Homeland Security--
       ``(A) paragraph (2)(A) shall be applied by substituting 
     `$20,000' for `$10,000'; and
       ``(B) paragraph (2)(B) shall be applied by substituting 
     `$80,000' for `$60,000'.''.
       (B) Recruitment and relocation bonuses and retention 
     allowances for personnel of the department of homeland 
     security.--The Secretary of Homeland Security shall ensure 
     that the authority to pay recruitment and relocation bonuses 
     under section 5753 of title 5, United States Code, the 
     authority to pay retention bonuses under section 5754 of such 
     title, and any other similar authorities available under any 
     other provision of law, rule, or regulation, are exercised to 
     the fullest extent allowable in order to encourage service in 
     the Department of Homeland Security.
       (3) Report on recruitment incentives.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary and the Secretary of 
     Defense shall jointly submit to the appropriate committees of 
     Congress a report including an assessment of the desirability 
     and feasibility of offering incentives to members of the 
     reserve components of the Armed Forces and former members of 
     the Armed Forces, including the reserve components, for the 
     purpose of encouraging such members to serve in United States 
     Customs and Border Protection and Immigration and Customs 
     Enforcement.
       (B) Content.--The report required by subparagraph (A) shall 
     include--
       (i) a description of various monetary and non-monetary 
     incentives considered for purposes of the report; and
       (ii) an assessment of the desirability and feasibility of 
     utilizing any such incentive.
       (4) Appropriate committees of congress defined.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (B) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Homeland Security of the House 
     of Representatives.
                                 ______
                                 
  SA 1299. Mr. GRASSLEY (for himself and Mr. Kirk) 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 section 3701 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 inserting after paragraph (51) the 
     following:
       ``(52)(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 are the 
     following, whether in violation of Federal or State law or in 
     violation of the law of a foreign country:
       ``(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 S4527]]

       ``(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)(52) 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 1300. Mr. GRASSLEY 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. __. 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, 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 1301. Mr. GRASSLEY 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 3704 through 3707 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;
       ``(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;

[[Page S4528]]

       ``(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 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--

[[Page S4529]]

       ``(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 1302. Mr. GRASSLEY 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 1572, beginning on line 23, strike ``abandonment, 
     provided the alien served at least 1 year imprisonment for 
     the crime, or provided the alien was convicted of offenses 
     constituting more than 1 such crime, not arising out of a 
     single scheme of criminal misconduct,'' and insert 
     ``abandonment''.
       On page 1574, lines 9 and 10, strike ``constitutes criminal 
     contempt of'' and insert ``violates''.
                                 ______
                                 
  SA 1303. Mr. GRASSLEY 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 section 3717, relating to procedures for bond 
     hearings and filing of notices to appear.
                                 ______
                                 
  SA 1304. Mr. GRASSLEY 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:

       Beginning on page 1490, strike line 8 and all that follows 
     through ``(d)'' on page 1491, line 4, and insert the 
     following:
       (a) Immigration Court Judges.--The Attorney General may 
     increase the total number of immigration judges to adjudicate 
     current pending cases and process future cases, in a cost-
     effective manner, to the extent that such increase is 
     consistent with the findings in the report prepared by the 
     Comptroller General of the United States pursuant to 
     subsection (d).
       (b) Necessary Support Staff for Immigration Court Judges.--
     The Attorney General may address the shortage of support 
     staff for immigration judges by ensuring that each 
     immigration judge has the assistance of the necessary support 
     staff to the extent recommended in the report prepared by the 
     Comptroller General of the United States pursuant to 
     subsection (d).
       (c) Annual Increases in Board of Immigration Appeals 
     Personnel.--The Attorney General may increase the number of 
     Board of Immigration Appeals staff attorneys and support 
     staff to the extent that such increase is consistent with the 
     findings in the report prepared by the Comptroller General of 
     the United States pursuant to subsection (d).
       (d) Study and Report.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study of--
       (A) the workload at the Executive Office for Immigration 
     Review of the Department of Justice (referred to in this 
     paragraph as the ``EOIR'') during the 1-year period beginning 
     on the date of the enactment of this Act;
       (B) the change in the workload at the EOIR from the 1-year 
     period ending on the date of the enactment of this Act to the 
     period described in subparagraph (A);
       (C) the potential impact of this Act on the workload at the 
     EOIR during the 15-year period beginning on the date of the 
     enactment of this Act; and
       (D) the number of judges, attorneys, and support staff 
     needed at the EOIR to cost-effectively manage the workload 
     described in subparagraph (A).
       (2) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives that contains the results of the study 
     conducted under paragraph (1), including any staffing 
     recommendations.
       (e)
                                 ______
                                 
  SA 1305. Mr. GRASSLEY 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 1498, line 3, strike ``a 3-judge panel of''.
       On page 1498, beginning on line 14, strike ``a written 
     opinion.'' and all that follows through ``discretion.'' on 
     line 21, and insert ``an opinion.''.
                                 ______
                                 
  SA 1306. Mr. GRASSLEY 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:

       Beginning on page 1491, strike line 11 and all that follows 
     through ``(d)'' on page 1494, line 18, and insert the 
     following:
       (a) Appointment of Counsel for Unaccompanied Alien Children 
     and Aliens With a Serious Mental Disability.--Section 292 (8 
     U.S.C. 1362) is amended by adding at the end the following: 
     ``The Attorney General may appoint counsel to represent an 
     alien in a removal proceeding who has been determined by the 
     Secretary to be an unaccompanied alien child or is 
     incompetent to represent himself or herself due to a serious 
     mental disability such that the appointment of counsel is 
     necessary to help ensure fair resolution and efficient 
     adjudication of the proceedings.''.
       (b)
                                 ______
                                 
  SA 1307. Mr. GRASSLEY 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:

       Beginning on page 1494, strike line 23 and all that follows 
     through page 1496, line 25.
                                 ______
                                 
  SA 1308. Mr. WYDEN 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. ___. VIRGIN ISLANDS VISA WAIVER PROGRAM.

       (a) In General.--Section 212(l) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(l)) is amended--
       (1) by amending the subsection heading to read as follows: 
     ``Guam, Northern Mariana Islands, and Virgin Islands Visa 
     Waiver Programs.--''; and
       (2) 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.

[[Page S4530]]

       ``(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.''.
       (b) Conforming Amendments.--
       (1) Documentation requirements.--Section 212(a)(7)(iii) of 
     the Immigration and Nationality Act (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).''.
       (2) Admission of nonimmigrants.--Section 214(a)(1) of such 
     Act (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 1309. Mr. WYDEN 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 1740, between lines 14 and 15, insert the 
     following:
       (c) Artists Performing Specialized or Unique Skills in 
     Support of American Creative Industries.--Section 
     101(a)(15)(P) (8 U.S.C. 1101(a)(15)(P)) is amended--
       (1) in clause (iii), by striking ``or'' at the end;
       (2) by redesignating clause (iv) as clause (v);
       (3) by inserting after clause (iii) the following:
       ``(iv) performs work that requires the attainment of 
     specialized or unique skills within the arts or creative 
     industries to be performed solely for an American firm or 
     corporation engaged in whole or in part in the development of 
     foreign trade and commerce of the United States, which shall 
     include the production or distribution of the arts for 
     international display or distribution, including motion 
     pictures or television productions; or''; and
       (4) in clause (v) (as so redesignated) by striking ``or 
     (iii)'' and inserting ``(iii), or (iv)''.
       (d) Employment Authorization for Spouses.--Section 
     214(e)(6) (42 U.S.C. 1184(e)(6)) is amended by inserting 
     ``101(a)(15)(O), or 101(a)(15)(P)'' after ``101(a)(15)(E),''.
                                 ______
                                 
  SA 1310. Mr. WYDEN 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 1207, line 24, insert after ``equivalent'' the 
     following: ``, or who are required to submit health-care 
     worker certificates pursuant to section 212(a)(5)(C) or 
     certified statements pursuant to section 212(r),''.
       On page 1824, between lines 14 and 15, insert the 
     following:
       ``(iii) Certified health-care workers.--An occupation for 
     which an alien is required to have a health-care worker 
     certificate pursuant to section 212(a)(5)(C) or certified 
     statement pursuant to section 212(r) may not be an eligible 
     occupation.
                                 ______
                                 
  SA 1311. Mr. BROWN (for himself, Mr. Grassley, Mr. Manchin, and Mr. 
Sessions) 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 1679, strike lines 12 through 17 and insert the 
     following:
       ``(iii) has offered the job to any United States worker who 
     applies and is equally or better qualified for the job for 
     which the nonimmigrant or nonimmigrants is or are sought.''.
                                 ______
                                 
  SA 1312. Mr. SANDERS (for himself and Ms. Stabenow) 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 1920, after line 13, add the following:

                        TITLE V--JOBS FOR YOUTH

     SEC. 5101. DEFINITIONS.

       In this title:
       (1) Chief elected official.--The term ``chief elected 
     official'' means the chief elected executive officer of a 
     unit of local government in a local workforce investment area 
     or in the case in which such an area includes more than one 
     unit of general government, the individuals designated under 
     an agreement described in section 117(c)(1)(B) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2832(c)(1)(B)).
       (2) Local workforce investment area.--The term ``local 
     workforce investment area'' means such area designated under 
     section 116 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2831).
       (3) Local workforce investment board.--The term ``local 
     workforce investment board'' means such board established 
     under section 117 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2832).
       (4) Low-income youth.--The term ``low-income youth'' means 
     an individual who--
       (A) is not younger than 16 but is younger than 25;
       (B) meets the definition of a low-income individual 
     provided in section 101(25) of the Workforce Investment Act 
     of 1998 (29 U.S.C. 2801(25)), except that States and local 
     workforce investment areas, subject to approval in the 
     applicable State plans and local plans, may increase the 
     income level specified in subparagraph (B)(i) of such section 
     to an amount not in excess of 200 percent of the poverty line 
     for purposes of determining eligibility for participation in 
     activities under section 5103; and
       (C) is in one or more of the categories specified in 
     section 101(13)(C) of the Workforce Investment Act of 1998 
     (29 U.S.C. 2801(13)(C)).
       (5) Poverty line.--The term ``poverty line'' means a 
     poverty line as defined in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902), applicable to a 
     family of the size involved.
       (6) State.--The term ``State'' means each of the several 
     States of the United States, and the District of Columbia.

     SEC. 5102. ESTABLISHMENT OF YOUTH JOBS FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States an account that shall be known as the Youth 
     Jobs Fund (referred to in this title as ``the Fund'').
       (b) Deposits Into the Fund.--Out of any amounts in the 
     Treasury not otherwise appropriated, there is appropriated 
     $1,500,000,000 for fiscal year 2014, which shall be paid to 
     the Fund, to be used by the Secretary of Labor to carry out 
     this title.
       (c) Availability of Funds.--Of the amounts deposited into 
     the Fund under subsection (b), the Secretary of Labor shall 
     allocate $1,500,000,000 to provide summer and year-round 
     employment opportunities to low-income youth in accordance 
     with section 5103 .
       (d) Period of Availability.--The amounts appropriated under 
     this title shall be available for obligation by the Secretary 
     of Labor until December 31, 2014, and shall be available for 
     expenditure by grantees (including subgrantees) until 
     September 30, 2015.

     SEC. 5103. SUMMER EMPLOYMENT AND YEAR-ROUND EMPLOYMENT 
                   OPPORTUNITIES FOR LOW-INCOME YOUTH.

       (a) In General.--From the funds available under section 
     5102(c), the Secretary of Labor shall make an allotment under 
     subsection (c) to each State that has a modification to a 
     State plan approved under section 112 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2822) (referred to in this 
     section as a ``State plan modification'') (or other State 
     request for funds specified in guidance under subsection (b)) 
     approved under subsection (d) and recipient under section 
     166(c) of the Workforce Investment Act of 1998 (29 U.S.C. 
     2911(c)) (referred to in this section as a ``Native American 
     grantee'') that meets the requirements of this section, for 
     the purpose of providing summer employment and year-round 
     employment opportunities to low-income youth.
       (b) Guidance and Application of Requirements.--

[[Page S4531]]

       (1) Guidance.--Not later than 20 days after the date of 
     enactment of this Act, the Secretary of Labor shall issue 
     guidance regarding the implementation of this section.
       (2) Procedures.--Such guidance shall, consistent with this 
     section, include procedures for--
       (A) the submission and approval of State plan 
     modifications, for such other forms of requests for funds by 
     the State as may be identified in such guidance, for 
     modifications to local plans approved under section 118 of 
     the Workforce Investment Act of 1998 (29 U.S.C. 2833) 
     (referred to individually in this section as a ``local plan 
     modification''), or for such other forms of requests for 
     funds by local workforce investment areas as may be 
     identified in such guidance, that promote the expeditious and 
     effective implementation of the activities authorized under 
     this section; and
       (B) the allotment and allocation of funds, including 
     reallotment and reallocation of such funds, that promote such 
     implementation.
       (3) Requirements.--Except as otherwise provided in the 
     guidance described in paragraph (1) and in this section and 
     other provisions of this title, the funds provided for 
     activities under this section shall be administered in 
     accordance with the provisions of subtitles B and E of title 
     I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et 
     seq., 2911 et seq.) relating to youth activities.
       (c) State Allotments.--
       (1) In general.--Using the funds described in subsection 
     (a), the Secretary of Labor shall allot to each State the 
     total of the amounts assigned to the State under 
     subparagraphs (A) and (B) of paragraph (2).
       (2) Assignments to states.--
       (A) Minimum amounts.--Using funds described in subsection 
     (a), the Secretary of Labor shall assign to each State an 
     amount equal to \1/2\ of 1 percent of such funds.
       (B) Formula amounts.--The Secretary of Labor shall assign 
     the remainder of the funds described in subsection (a) among 
     the States by assigning--
       (i) 33\1/3\ percent on the basis of the relative number of 
     individuals in the civilian labor force who are not younger 
     than 16 but younger than 25 in each State, compared to the 
     total number of individuals in the civilian labor force who 
     are not younger than 16 but younger than 25 in all States;
       (ii) 33\1/3\ percent on the basis of the relative number of 
     unemployed individuals in each State, compared to the total 
     number of unemployed individuals in all States; and
       (iii) 33\1/3\ on the basis of the relative number of 
     disadvantaged young adults and youth in each State, compared 
     to the total number of disadvantaged young adults and youth 
     in all States.
       (3) Reallotment.--If the Governor of a State does not 
     submit a State plan modification or other State request for 
     funds specified in guidance under subsection (b) by the date 
     specified in subsection (d)(2)(A), or a State does not 
     receive approval of such State plan modification or request, 
     the amount the State would have been eligible to receive 
     pursuant to paragraph (1) shall be allocated to States that 
     receive approval of State plan modifications or requests 
     specified in the guidance. Each such State shall receive a 
     share of the total amount available for reallotment under 
     this paragraph, in accordance with the State's share of the 
     total amount allotted under paragraph (1) to such State.
       (4) Definitions.--For purposes of paragraph (2), the term 
     ``disadvantaged young adult or youth'' means an individual 
     who is not younger than 16 but is younger than 25 who 
     received an income, or is a member of a family that received 
     a total family income, that, in relation to family size, does 
     not exceed the higher of--
       (A) the poverty line; or
       (B) 70 percent of the lower living standard income level.
       (d) State Plan Modification.--
       (1) In general.--For a State to be eligible to receive an 
     allotment of funds under subsection (c), the Governor of the 
     State shall submit to the Secretary of Labor a State plan 
     modification, or other State request for funds specified in 
     guidance under subsection (b), in such form and containing 
     such information as the Secretary may require. At a minimum, 
     such State plan modification or request shall include--
       (A) a description of the strategies and activities to be 
     carried out to provide summer employment opportunities and 
     year-round employment opportunities, including linkages to 
     training and educational activities, consistent with 
     subsection (f);
       (B) a description of the requirements the State will apply 
     relating to the eligibility of low-income youth, consistent 
     with section 5101(4), for summer employment opportunities and 
     year-round employment opportunities, which requirements may 
     include criteria to target assistance to particular 
     categories of such low-income youth, such as youth with 
     disabilities, consistent with subsection (f);
       (C) a description of the performance outcomes to be 
     achieved by the State through the activities carried out 
     under this section and the processes the State will use to 
     track performance, consistent with guidance provided by the 
     Secretary of Labor regarding such outcomes and processes and 
     with section 5104(b);
       (D) a description of the timelines for implementation of 
     the strategies and activities described in subparagraph (A), 
     and the number of low-income youth expected to be placed in 
     summer employment opportunities, and year-round employment 
     opportunities, respectively, by quarter;
       (E) assurances that the State will report such information, 
     relating to fiscal, performance, and other matters, as the 
     Secretary may require and as the Secretary determines is 
     necessary to effectively monitor the activities carried out 
     under this section;
       (F) assurances that the State will ensure compliance with 
     the requirements, restrictions, labor standards, and other 
     provisions described in section 5104(a); and
       (G) if a local board and chief elected official in the 
     State will provide employment opportunities with the link to 
     training and educational activities described in subsection 
     (f)(2)(B), a description of how the training and educational 
     activities will lead to the industry-recognized credential 
     involved.
       (2) Submission and approval of state plan modification or 
     request.--
       (A) Submission.--The Governor shall submit the State plan 
     modification or other State request for funds specified in 
     guidance under subsection (b) to the Secretary of Labor not 
     later than 30 days after the issuance of such guidance.
       (B) Approval.--The Secretary of Labor shall approve the 
     State plan modification or request submitted under 
     subparagraph (A) within 30 days after submission, unless the 
     Secretary determines that the plan or request is inconsistent 
     with the requirements of this section. If the Secretary has 
     not made a determination within that 30-day period, the plan 
     or request shall be considered to be approved. If the plan or 
     request is disapproved, the Secretary may provide a 
     reasonable period of time in which the plan or request may be 
     amended and resubmitted for approval. If the plan or request 
     is approved, the Secretary shall allot funds to the State 
     under subsection (c) within 30 days after such approval.
       (3) Modifications to state plan or request.--The Governor 
     may submit further modifications to a State plan modification 
     or other State request for funds specified under subsection 
     (b), consistent with the requirements of this section.
       (e) Within-State Allocation and Administration.--
       (1) In general.--Of the funds allotted to the State under 
     subsection (c), the Governor--
       (A) may reserve not more than 5 percent of the funds for 
     administration and technical assistance; and
       (B) shall allocate the remainder of the funds among local 
     workforce investment areas within the State in accordance 
     with clauses (i) through (iii) of subsection (c)(2)(B), 
     except that for purposes of such allocation references to a 
     State in subsection (c)(2)(B) shall be deemed to be 
     references to a local workforce investment area and 
     references to all States shall be deemed to be references to 
     all local workforce investment areas in the State involved.
       (2) Local plan.--
       (A) Submission.--In order to receive an allocation under 
     paragraph (1)(B), the local workforce investment board, in 
     partnership with the chief elected official for the local 
     workforce investment area involved, shall submit to the 
     Governor a local plan modification, or such other request for 
     funds by local workforce investment areas as may be specified 
     in guidance under subsection (b), not later than 30 days 
     after the submission by the State of the State plan 
     modification or other State request for funds specified in 
     guidance under subsection (b), describing the strategies and 
     activities to be carried out under this section.
       (B) Approval.--The Governor shall approve the local plan 
     modification or other local request for funds submitted under 
     subparagraph (A) within 30 days after submission, unless the 
     Governor determines that the plan or request is inconsistent 
     with requirements of this section. If the Governor has not 
     made a determination within that 30-day period, the plan 
     shall be considered to be approved. If the plan or request is 
     disapproved, the Governor may provide a reasonable period of 
     time in which the plan or request may be amended and 
     resubmitted for approval. If the plan or request is approved, 
     the Governor shall allocate funds to the local workforce 
     investment area within 30 days after such approval.
       (3) Reallocation.--If a local workforce investment board 
     and chief elected official do not submit a local plan 
     modification (or other local request for funds specified in 
     guidance under subsection (b)) by the date specified in 
     paragraph (2), or the Governor disapproves a local plan, the 
     amount the local workforce investment area would have been 
     eligible to receive pursuant to the formula under paragraph 
     (1)(B) shall be allocated to local workforce investment areas 
     that receive approval of their local plan modifications or 
     local requests for funds under paragraph (2). Each such local 
     workforce investment area shall receive a share of the total 
     amount available for reallocation under this paragraph, in 
     accordance with the area's share of the total amount 
     allocated under paragraph (1)(B) to such local workforce 
     investment areas.
       (f) Use of Funds.--
       (1) In general.--The funds made available under this 
     section shall be used--
       (A) to provide summer employment opportunities for low-
     income youth, with direct linkages to academic and 
     occupational learning, and may be used to provide supportive 
     services, such as transportation or

[[Page S4532]]

     child care, that is necessary to enable the participation of 
     such youth in the opportunities; and
       (B) to provide year-round employment opportunities, which 
     may be combined with other activities authorized under 
     section 129 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2854), to low-income youth.
       (2) Program priorities.--In administering the funds under 
     this section, the local board and chief elected official 
     shall give priority to--
       (A) identifying employment opportunities that are--
       (i) in emerging or in-demand occupations in the local 
     workforce investment area; or
       (ii) in the public or nonprofit sector and meet community 
     needs; and
       (B) linking participants in year-round employment 
     opportunities to training and educational activities that 
     will provide such participants an industry-recognized 
     certificate or credential (referred to in this title as an 
     ``industry-recognized credential'').
       (3) Administration.--Not more than 5 percent of the funds 
     allocated to a local workforce investment area under this 
     section may be used for the costs of administration of this 
     section.
       (4) Performance accountability.--For activities funded 
     under this section, in lieu of meeting the requirements 
     described in section 136 of the Workforce Investment Act of 
     1998 (29 U.S.C. 2871), States and local workforce investment 
     areas shall provide such reports as the Secretary of Labor 
     may require regarding the performance outcomes described in 
     section 5104(b)(5).

     SEC. 5104. GENERAL REQUIREMENTS.

       (a) Labor Standards and Protections.--Activities provided 
     with funds made available under this title shall be subject 
     to the requirements and restrictions, including the labor 
     standards, described in section 181 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2931) and the 
     nondiscrimination provisions of section 188 of such Act (29 
     U.S.C. 2938), in addition to other applicable Federal laws.
       (b) Reporting.--The Secretary of Labor may require the 
     reporting of information relating to fiscal, performance and 
     other matters that the Secretary determines is necessary to 
     effectively monitor the activities carried out with funds 
     provided under this title. At a minimum, recipients of grants 
     (including recipients of subgrants) under this title shall 
     provide information relating to--
       (1) the number of individuals participating in activities 
     with funds provided under this title and the number of such 
     individuals who have completed such participation;
       (2) the expenditures of funds provided under this title;
       (3) the number of jobs created pursuant to the activities 
     carried out under this title;
       (4) the demographic characteristics of individuals 
     participating in activities under this title; and
       (5) the performance outcomes for individuals participating 
     in activities under this title, including--
       (A) for low-income youth participating in summer employment 
     activities under section 5103, performance on indicators 
     consisting of--
       (i) work readiness skill attainment using an employer 
     validated checklist;
       (ii) placement in or return to secondary or postsecondary 
     education or training, or entry into unsubsidized employment; 
     and
       (B) for low-income youth participating in year-round 
     employment activities under section 5103, performance on 
     indicators consisting of--
       (i) placement in or return to postsecondary education;
       (ii) attainment of a secondary school diploma or its 
     recognized equivalent;
       (iii) attainment of an industry-recognized credential; and
       (iv) entry into, retention in, and earnings in, 
     unsubsidized employment.
       (c) Activities Required To Be Additional.--Funds provided 
     under this title shall only be used for activities that are 
     in addition to activities that would otherwise be available 
     in the State or local workforce investment area in the 
     absence of such funds.
       (d) Additional Requirements.--The Secretary of Labor may 
     establish such additional requirements as the Secretary 
     determines may be necessary to ensure fiscal integrity, 
     effective monitoring, and the appropriate and prompt 
     implementation of the activities under this title.
       (e) Report of Information and Evaluations to Congress and 
     the Public.--The Secretary of Labor shall provide to the 
     appropriate committees of Congress and make available to the 
     public the information reported pursuant to subsection (b).

     SEC. 5105. VISA SURCHARGE.

       (a) Collection.--
       (1) In general.--Subject to paragraph (2), and in addition 
     to any fees otherwise imposed for such visas, the Secretary 
     shall collect a surcharge of $10 from an employer that 
     submits an application for--
       (A) an employment-based visa under paragraph (3), (4), (5), 
     or (6) of section 203(b) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(b)); and
       (B) a nonimmigrant visa under subparagraph (C), (H)(i)(b), 
     (H)(i)(c), (H)(ii)(a), (H)(ii)(B), (O), (P), (R), or (W) of 
     section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)).
       (2) Expiration.--The Secretary shall suspend the collection 
     of the surcharge authorized under paragraph (1) on the date 
     on which the Secretary has collected a cumulative total of 
     $1,500,000,000 under this subsection.
       (b) Deposit.--All of the amounts collected under subsection 
     (a)(1) shall be deposited in the general fund of the 
     Treasury.
                                 ______
                                 
  SA 1313. Mr. SANDERS 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 1743, strike lines 1 through 4, and insert the 
     following:

     SEC. 44081. J VISA ELIGIBILITY.

       (a) Speakers of Certain Foreign Languages.--Section 
     101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to read as 
     follows:
       On page 1744, between lines 16 and 17, insert the 
     following:
       (c) Reform of Summer Work Travel Program.--
       (1) Prohibition on employment.--Notwithstanding any other 
     provision of law or regulation, including section 62.32 of 
     title 22, Code of Federal Regulations, the Secretary of State 
     may not implement the Summer Work Travel program described in 
     such section 62.32 in a manner that permits an alien who is 
     admitted under section 101(a)(15)(J) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(J)), as amended by 
     subsection (a), as part of a cultural exchange to be employed 
     in the United States.
       (2) Regulations.--The Secretary of State shall issue 
     regulations that modify the Summer Work Travel program so 
     that such program--
       (A) permits cultural exchanges as described in such section 
     62.32; and
       (B) does not permit participants to be employed in the 
     United States.
                                 ______
                                 
  SA 1314. Mr. PAUL 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. ___. REQUIREMENTS TO ENSURE LEGAL VOTING.

       (a) Short Title.--This section may be cited as the ``Secure 
     the Vote Act of 2013''.
       (b) Restrictions.--
       (1) Affidavit required.--Any individual in registered 
     provisional immigrant status, blue card status, asylum 
     status, refugee status, legal permanent resident status, or 
     any other permanent or temporary visa status who intends to 
     remain in the United States in such status for longer than 6 
     months shall submit to the Secretary, during the period 
     specified by the Secretary, a signed affidavit that states 
     that the alien--
       (A) has not cast a ballot in any Federal election in the 
     United States; and
       (B) will not register to vote, or cast a ballot, in any 
     Federal election in the United States while in such status.
       (2) Penalty.--If an alien described in paragraph (1) fails 
     to timely submit the affidavit described in paragraph (1) or 
     violates any term of such affidavit--
       (A) the Secretary shall immediately--
       (i) revoke the legal status of such alien; and
       (ii) deport the alien to the country from which he or she 
     originated; and
       (B) the alien will be permanently ineligible for United 
     States citizenship.
       (3) Bars to legal status.--Any individual in registered 
     provisional immigrant status, blue card status, asylum 
     status, refugee status, legal permanent resident status, or 
     any other permanent or temporary visa status who illegally 
     registers to vote or who votes in any Federal election after 
     receiving such status or visa--
       (A) shall not be eligible to apply for permanent residence 
     or citizenship; and
       (B) if such individual has already been granted permanent 
     residence, shall lose such status and be subject to 
     deportation pursuant to section 237(a)(6) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(6)).
       (c) Responsibilities of the Secretary of Homeland 
     Security.--
       (1) Eligibility determination.--In determining whether an 
     individual described in subsection (a)(1) is eligible for 
     legal status, including naturalization, under the Immigration 
     and Nationality Act, the Secretary shall verify that the 
     alien has not registered to vote, or cast a ballot, in a 
     Federal election in the United States.
       (2) Verification of citizenship.--The Secretary shall 
     provide the election director of each State, and such local 
     election officials as may be designated by such State 
     directors, with access to relevant databases containing 
     information about aliens who have been granted registered 
     provisional immigrant status, asylum, refugee status, blue 
     card status, and any other permanent or temporary visa status 
     authorized under this Act or the Immigration and Nationality 
     Act, for the sole purpose of verifying the citizenship status 
     of registered voters and all individuals applying to register 
     to vote.
       (3) Annual report.--The Secretary shall submit an annual 
     report to Congress that identifies all jurisdictions in the 
     United States that have registered individuals who are not 
     United States citizens to vote in a Federal election.
       (d) Responsibilities of States.--
       (1) Proof of citizenship.--Notwithstanding the Voting 
     Rights Act of 1965 (42

[[Page S4533]]

     U.S.C. 1973 et seq.), the National Voter Registration Act of 
     1993 (42 U.S.C. 1973gg et seq.), and any other Federal law, 
     all States and local governments--
       (A) shall require individuals registering to vote in 
     Federal elections to provide adequate proof of citizenship;
       (B) may not accept an affirmation of citizenship as 
     adequate proof of citizenship for voter registration 
     purposes; and
       (C) may require identification information from all such 
     voter registration applicants.
       (2) Cooperation with department of homeland security.--All 
     States and local governments shall provide the Department 
     with the registration and voting history of any alien seeking 
     registered provisional status, naturalization, or any other 
     immigration benefit, upon the request of the Secretary.
       (3) Consequence of noncompliance.--
       (A) First year.--If any State is not in compliance with the 
     proof of citizenship requirements set forth in paragraph (1) 
     on or before the date that is 1 year after the date of the 
     enactment of this Act, the Secretary of Transportation shall 
     reduce the apportionment calculated under section 104(c) of 
     title 23, United States Code, for that State for the 
     following fiscal year by 10 percent.
       (B) Subsequent years.--For each subsequent year in which 
     any State is not in compliance with the proof of citizenship 
     requirements set forth in paragraph (1), the Secretary of 
     Transportation shall reduce the apportionment calculated 
     under section 104(c) of title 23, United States Code, for 
     that State for the following fiscal year by an additional 10 
     percent.
                                 ______
                                 
  SA 1315. Mr. KING (for Mr. Grassley) proposed an amendment to the 
bill S. 330, to amend the Public Health Service Act to establish 
safeguards and standards of quality for research and transplantation of 
organs infected with human immunodeficiency virus (HIV); as follows:

       Strike section 3 and insert the following:

     SEC. 3. CONFORMING AMENDMENT TO TITLE 18 OF THE UNITED STATES 
                   CODE.

       Section 1122(a) of title 18, United States Code, is amended 
     by inserting ``or in accordance with all applicable 
     guidelines and regulations made by the Secretary of Health 
     and Human Services under section 377E of the Public Health 
     Service Act'' after ``research or testing''.

                          ____________________