[Congressional Record Volume 159, Number 88 (Wednesday, June 19, 2013)]
[Senate]
[Pages S4678-S4715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1343. Mrs. GILLIBRAND 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 1465, strike lines 3 through 5, and insert the 
     following:
       (2) Requirement for data collection.--
       (A) In general.--A law enforcement official who makes 
     contact with an individual with the purpose or effect of 
     enforcing an immigration law shall collect the following 
     data:
       (i) The law enforcement official's basis for, or 
     circumstances surrounding, such contact, including if such 
     individual's perceived race or ethnicity contributed to such 
     basis.
       (ii) The identifying characteristics of such individual, 
     including the individual's race, gender, ethnicity, and 
     approximate age.
       (iii) If such contact resulted in a stop or search, how 
     long such a stop or search lasted, whether consent was 
     requested and obtained for such stop or search, and the name 
     of the person who provided such consent.
       (iv) A description of any articulable facts and behavior by 
     the individual that demonstrate reasonable suspicion to 
     justify such stop or probable cause to justify such search or 
     attempt to enforce the immigration laws.
       (v) A description of any items seized during such search, 
     including contraband or money, and a specification of the 
     type of search conducted.
       (vi) Whether any warning or citation was issued as a result 
     of such contact and the basis for such warning or citation.
       (vii) Whether an arrest or detention was made as a result 
     of such contact, the justification for such arrest or 
     detention, and the ultimate disposition of such arrest or 
     detention.
       (viii) Whether the affected individual is undergoing 
     immigration proceedings as of the date of the annual report.
       (ix) If a warning, citation, arrest, or detention is 
     involved, the surname of the affected individual.
       (x) The immigration status of the individual involved and 
     whether removal proceedings were subsequently initiated 
     against that individual.
       (xi) Whether any complaint was made by the individual 
     stopped or searched.
       (B) Definitions.--In this paragraph:
       (i) Immigration laws.--The term ``immigration laws'' has 
     the meaning given that term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (ii) Law enforcement official.--The term ``law enforcement 
     official'' means--

       (I) an officer of U.S. Customs and Border Protection;
       (II) an officer of U.S. Immigration and Customs 
     Enforcement; or
       (III) an officer or employee of a State or a political 
     subdivision of a State who is carrying out the functions of 
     an immigration officer pursuant to an agreement entered into 
     under section 287(g) of the Immigration and Nationality Act 
     (8 U.S.C. 1357(g)) or pursuant to any other agreement with 
     the Department.

       (3) Study.--Not later than 180 days after data collection 
     under paragraph (1) commences, the Secretary shall complete a 
     study analyzing the data.
       (4) Compilation of data.--
       (A) Department of homeland security law enforcement 
     officials.--The Secretary shall compile the data collected 
     under paragraph (2) by officers of U.S. Customs and Border 
     Protection and officers of U.S. Immigration and Customs 
     Enforcement.
       (B) Other law enforcement officials.--The head of each 
     agency, department, or other entity that employs law 
     enforcement officials other than officers referred to in 
     subparagraph (A) shall--
       (i) compile the data collected by such law enforcement 
     officials pursuant to paragraph (2); and
       (ii) submit the compiled data to the Secretary.
       (5) Use of data.--The Secretary shall consider the data 
     compiled under paragraph (4) in making policy and program 
     decisions related to enforcement of the immigration laws.
       (6) Annual report.--
       (A) Requirement.--Not later than one year after the 
     effective date of this section, and annually thereafter, the 
     Secretary shall submit to Congress the data compiled under 
     paragraph (3) and a report on the data.

[[Page S4679]]

       (B) Availability.--Each report submitted under subparagraph 
     (A) shall be made available to the public.
                                 ______
                                 
  SA 1344. Mr. CARPER (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the bill S. 744, to provide 
for comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 942, between lines 17 and 18, insert the following:

     SEC. 1122. BETTER ENFORCEMENT THROUGH TRANSPARENCY AND 
                   ENHANCED REPORTING ON THE BORDER ACT.

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

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

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

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

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

[[Page S4680]]

       (A) shall ensure that the data described in paragraphs (1) 
     and (2) is anonymized to safeguard individual privacy;
       (B) may mask location data below the sector, district field 
     office, or special agent in charge office level to protect 
     national security; and
       (C) shall not be required to provided classified 
     information to individuals other than to those individuals 
     who have appropriate security clearances.
       (g) Availability of Funds.--The Secretary may use such sums 
     as may be necessary from the Comprehensive Immigration Reform 
     Trust Fund established under section 6(a)(1)--
       (1) to establish the Office; and
       (2) to produce reports related to securing the border and 
     enforcing the immigration laws of the United States.
                                 ______
                                 
  SA 1345. 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:

       On page 889, between lines 19 and 20, insert the following:
       (d) Limit on Future Spending.--
       (1) Annual cost reports.--Beginning on September 1, 2015, 
     and annually thereafter, the Director of the Congressional 
     Budget Office shall issue an annual report that--
       (A) certifies whether all of the projected Federal costs 
     starting with the next fiscal year and for the following 9 
     fiscal years, are fully offset by projected savings, during 
     the applicable 10-year period; and
       (B) provides detailed estimates of the costs and savings, 
     year by year, program by program, and provision by provision.
       (2) Future fees.--If a report required by paragraph (1) 
     provides that the projected costs are not fully offset by the 
     projected savings, the Secretary shall increase the fees 
     authorized by this Act, and by the amendment made by this 
     Act, in an amount equal to the amount of such costs that are 
     not offset by the amount of such savings.
       (3) Definitions.--In this subsection:
       (A) Costs.--The term ``costs'' means the increased spending 
     and revenue reductions resulting from this Act and the 
     amendments made by this Act.
       (B) Savings.--The term ``savings'' means the revenue 
     increases and decreased expenditures resulting from this Act 
     and the amendments made by this Act.
                                 ______
                                 
  SA 1346. 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:

       On page 1319, between lines 17 and 18, insert the 
     following:
       ``(G) Voluntary program on identity authentication.--
       ``(i) In general.--Not later than 18 months after the date 
     of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act, the Secretary 
     shall establish by regulation, as part of an optional 
     electronic platform for accessing the System, an identity 
     authentication program that is made available to individuals 
     and entities on a voluntary basis and that contains 
     additional mechanisms for authenticating an individual's 
     identity and using the authenticated identity information for 
     employment eligibility verification purposes.
       ``(ii) Design and operation of program.--The voluntary 
     program required by clause (i) shall be designed and operated 
     to include an identity verification platform that--

       ``(I) uses state-of-the-art multidimensional knowledge-
     based authentication technology to determine to a high degree 
     of accuracy whether an individual presenting biographic 
     information is the individual with that true identity;
       ``(II) to the extent helpful in acquiring the best 
     technology to implement the program, is operated pursuant to 
     a contract or other agreement with a nongovernmental entity 
     or entities, but that remains under the control of the 
     Secretary as to the use of all determinations communicated by 
     the platform, regardless of the entity operating the 
     platform;
       ``(III) communicates tentative and final nonconfirmations 
     of identity;
       ``(IV) is integrated with the System so that employment 
     authorizations will be determined for all individuals 
     identified as presenting their true identities through the 
     databases maintained by the Commissioner of Social Security 
     and the Secretary;
       ``(V) is designed to make risk-based assessments regarding 
     the reliability of a claim of a identity made by an 
     individual presenting biographic information and to tailor 
     the identity determination in accordance with those 
     assessments;
       ``(VI) is designed to permit queries to be presented to 
     individuals subject to identity verification at the time 
     their identities are being verified in a manner that permits 
     rapid communication through Internet, mobile phone, and 
     landline telephone connections to facilitate identity-
     proofing;
       ``(VII) generates queries that conform to the context of 
     the identity verification process and the circumstances of 
     the individual whose identity is being verified;
       ``(VIII) uses publicly available databases as well as 
     databases under the jurisdiction of the Commissioner of 
     Social Security, the Secretary of Homeland Security 
     (including the U.S.-VISIT data base), and the Secretary of 
     State (including passport and visa databases) to formulate 
     queries to be presented to individuals whose identities are 
     being verified;
       ``(IX) will not retain data collected by the platform 
     within any database separate from the one in which the 
     platform is located and will limit access to the existing 
     databases to a reference process that shields the operator of 
     the platform from acquiring possession of the data beyond the 
     formulation of queries and verification of responses;
       ``(X) does not permit individuals or entities using the 
     System access to any data related to the individuals whose 
     identities are being verified beyond confirmations and 
     tentative and final nonconfirmations of identity;
       ``(XI) provides online assistance to individuals receiving 
     tentative nonconfirmations of identity to correct errors in 
     records and achieve appropriate confirmations to the greatest 
     extent and as rapidly as possible;
       ``(XII) is subject to a review and appeals process by 
     administratively responsible personnel to correct errors in 
     the capabilities of the platform;
       ``(XIII) may include, if feasible, a capability for 
     permitting document and biometric inputs that can be offered 
     to individuals and entities using the System and may be used 
     at the option of employees to facilitate identity 
     verification (but which would not be required of either 
     employers or employees); and
       ``(XIV) is developed, to the greatest extent possible, in 
     accordance with the timeframes specified in this Act.

       ``(iii) Identity authentication and self-verification.--
     During the period beginning on the date of the enactment of 
     the Border Security, Economic Opportunity, and Immigration 
     Modernization Act and ending on the date on which the 
     identity authentication program established under clause (i) 
     is available for use by employers, an employer may use a 
     verification system, service, or method in addition to those 
     provided for in this section to confirm the identity of an 
     individual without incurring liability under section 274B 
     if--

       ``(I) the employer imposes the same requirement in a 
     uniform manner on all individuals undergoing employment 
     eligibility verification; and
       ``(II) the employer does not impose such a requirement for 
     any purpose other than identity authentication with respect 
     to newly hired employees.

                                 ______
                                 
  SA 1347. 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 1700, between lines 6 and 7, insert the following:

     SEC. 4225. SMALL BUSINESS EXPRESS LANE.

       Section 212(n) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)), as amended by section 4231, is amended by 
     adding at the end the following:
       ``(8)(A) The Secretary shall establish a small business 
     express lane for the H-1B visa application process, under 
     which the Secretary--
       ``(i) may waive the fee for premium processing under 
     section 286(u) for a business that--
       ``(I) is considered a small business with not more than 25 
     employees;
       ``(II) is not considered an H-1B dependent employer; and
       ``(III) reports a business income on the tax filings for 
     the previous year of not more than $250,000; and
       ``(ii) shall, to the extent practicable, create or modify 
     an online interface capable of providing real time feedback 
     and error mitigation technology that can be used by small 
     businesses and other employers with the purpose of increasing 
     employer access in streamlining the H-1B visa application 
     process.
       ``(B) The total amount of fees waived during a fiscal year 
     by the Secretary under subparagraph (A)(i) shall be added to 
     the projected cost for the service in the following fiscal 
     year and a revised fee shall be established based on the 
     projected cost.
       ``(C) The Secretary shall, to the extent practicable, 
     create an online interface and mobile application that can be 
     used by small businesses and other employers with the purpose 
     of increasing employer access in streamlining the H-1B visa 
     application process.
       ``(D)(i) The Secretary, in coordination with the 
     Administrator of the Small Business Administration, shall set 
     a goal of not less than 30 percent of H-1B visas being 
     awarded to small businesses.
       ``(ii) Of the goal amount described in clause (i)--
       ``(I) \1/3\ of the goal shall be reserved for businesses 
     with not more than 25 employees; and
       ``(II) \2/3\ of the goal may be used by businesses with not 
     more than 500 employees.
       ``(iii) The goal described in clause (i) may be modified by 
     the Secretary, in consultation with the Administrator of the 
     Small Business Administration, based on any feedback provided 
     by the Office of Advocacy of the Small Business 
     Administration.
       ``(E) The Bureau of Immigration and Labor Market Research 
     shall submit a report, on an annual basis, to the Committee 
     on the Judiciary of the Senate, the Small Business

[[Page S4681]]

     and Entrepreneurship Committee of the Senate, the Committee 
     on the Judiciary of the House of Representatives, and the 
     Small Business and Entrepreneurship Committee of the House of 
     Representatives that contains--
       ``(i) the total number of H-1B visa applications broken 
     down by business size category and expressed as a percentage 
     of the total--
       ``(I) 0-25 employees;
       ``(II) 26-50 employees;
       ``(III) 50-100 employees;
       ``(IV) 100-500 employees; or
       ``(V) more than 500 employees;
       ``(ii) the total number of H-1B visa applications broken 
     down by North American Industry Classification System (NAICS) 
     Code and expressed as a percentage of the total; and
       ``(iii) the percentage and number of--
       ``(I) small businesses to apply for H-1B visas;
       ``(II) small businesses awarded H-1B visas;
       ``(III) small businesses that used the premium processing 
     service;
       ``(IV) all businesses that used the premium processing 
     service and were awarded H-1B visas; and
       ``(V) all businesses that did not use the premium 
     processing service and were awarded H-1B visas; and
       ``(iv) a longitudinal and graphical view of the small 
     business percentages described in subparagraph (D) and this 
     subparagraph.
       ``(F) Beginning 4 years after the date of enactment of the 
     Border Security, Economic Opportunity, and Immigration 
     Modernization Act, and every 4 years thereafter, as part of 
     the report submitted under subparagraph (E), the Bureau of 
     Immigration and Labor Market Research shall include 
     description of the impact of the application process on the 
     on small business, which shall take into consideration--
       ``(i) the cost to apply for the visas;
       ``(ii) the impact of the fee waiver under subparagraph 
     (A)(i) on small businesses; and
       ``(iii) recommendations for streamlining the application 
     process, including recommended modifications and updates to 
     the online user interface and mobile application.''.
                                 ______
                                 
  SA 1348. Mrs. FISCHER 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 949, between lines 21 and 22, insert the following:
       ``(4) English skills.--An alien is not eligible for 
     registered provisional immigrant status unless the alien 
     establishes that the alien meets the requirements of section 
     245C(b)(4).''.
                                 ______
                                 
  SA 1349. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 955, strike line 21 and all that follows 
     through page 961, line 13, and insert the following:
       (6) Eligibility after departure.--An alien who departed 
     from the United States, while subject to an order of 
     exclusion, deportation, or removal, or pursuant to an order 
     of voluntary departure, who is outside of the United States, 
     or who has reentered the United States illegally after 
     December 31, 2011 without receiving the Secretary's consent 
     to reapply for admission under section 212(a)(9), shall not 
     be eligible to file an application for registered provisional 
     immigrant status.
                                 ______
                                 
  SA 1350. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
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 8 and all that follows 
     through page 1496, line 25, and insert the following:

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

       (a) Right to Review Certain Documents in Removal 
     Procedings.--Section 240(b) (8 U.S.C. 1229a(b)) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A), by striking the comma at the end 
     and inserting a semicolon;
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (C) by inserting after subparagraph (A) the following:
       ``(B) the alien shall, at the beginning of the proceedings 
     or at a reasonable time thereafter, automatically receive a 
     complete copy of all relevant documents in the possession of 
     the Department of Homeland Security, including all documents 
     (other than documents protected from disclosure by privilege, 
     including national security information referenced in 
     subparagraph (C), law enforcement sensitive information, and 
     information prohibited from disclosure pursuant to any other 
     provision of law) contained in the file maintained by the 
     Government that includes information with respect to all 
     transactions involving the alien during the immigration 
     process (commonly referred to as an `A-file') and all 
     documents pertaining to the alien that the Department of 
     Homeland Security has obtained or received from other 
     government agencies, unless the alien waives the right to 
     receive such documents by executing a knowing and voluntary 
     waiver in a language that he or she understands fluently;''; 
     and
       (2) by adding at the end the following:
       ``(8) Failure to provide alien required documents.--In the 
     absence of a waiver under paragraph (4)(B), a removal 
     proceeding may not commence until the alien has received the 
     documents required under such subparagraph.''.
       (b) Clarification Regarding Provision of Counsel to Aliens 
     in Immigration Proceedings.--Section 292 (8 U.S.C. 1362) is 
     amended--
       (1) by inserting ``(a)'' before ``In any'';
       (2) by striking ``he shall'' and inserting ``the person 
     shall''; and
       (3) by adding at the end the following:
       ``(b) The Government is not required to provide counsel to 
     aliens under subsection (a).''.
                                 ______
                                 
  SA 1351. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
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 8 and all that follows 
     through page 1496, line 25, and insert the following:

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

       (a) Right to Review Certain Documents in Removal 
     Procedings.--Section 240(b) (8 U.S.C. 1229a(b)) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A), by striking the comma at the end 
     and inserting a semicolon;
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (C) by inserting after subparagraph (A) the following:
       ``(B) the alien shall, at the beginning of the proceedings 
     or at a reasonable time thereafter, automatically receive a 
     complete copy of all relevant documents in the possession of 
     the Department of Homeland Security, including all documents 
     (other than documents protected from disclosure by privilege, 
     including national security information referenced in 
     subparagraph (C), law enforcement sensitive information, and 
     information prohibited from disclosure pursuant to any other 
     provision of law) contained in the file maintained by the 
     Government that includes information with respect to all 
     transactions involving the alien during the immigration 
     process (commonly referred to as an `A-file') and all 
     documents pertaining to the alien that the Department of 
     Homeland Security has obtained or received from other 
     government agencies, unless the alien waives the right to 
     receive such documents by executing a knowing and voluntary 
     waiver in a language that he or she understands fluently;''; 
     and
       (2) by adding at the end the following:
       ``(8) Failure to provide alien required documents.--In the 
     absence of a waiver under paragraph (4)(B), a removal 
     proceeding may not commence until the alien has received the 
     documents required under such subparagraph.''.
       (b) Clarification Regarding Provision of Counsel to Aliens 
     in Immigration Proceedings.--Section 292 (8 U.S.C. 1362) is 
     amended--
       (1) by inserting ``(a)'' before ``In any'';
       (2) by striking ``he shall'' and inserting ``the person 
     shall''; and
       (3) by adding at the end the following:
       ``(b) The Government is not required to provide counsel to 
     aliens under subsection (a).''.
       (c) Repeal.--Subsections (b), (c), and (d) of section 2104 
     of this Act and the amendments to section 242 of the 
     Immigration and Nationality Act, which were made by section 
     2104(b) of this Act, are repealed.
                                 ______
                                 
  SA 1352. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 945, strike line 21 and all that follows 
     through page 948, line 23, and insert the following:

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

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

       ``(IV) 2 or more misdemeanor offenses (other than minor 
     traffic offenses or State or local offenses for which an 
     essential element was the alien's immigration status or 
     violations of this Act);

[[Page S4682]]

       ``(V) any offense under foreign law, except for a purely 
     political offense, which, if the offense had been committed 
     in the United States, would render the alien inadmissible 
     under section 212(a) (excluding the paragraphs set forth in 
     clause (ii)) or removable under section 237(a), except as 
     provided in paragraph (3) of section 237(a); or
       ``(VI) unlawful voting (as defined in section 237(a)(6));

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

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

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

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

       ``(B) Waiver.--
       ``(i) In general.--The Secretary may waive the application 
     of any provision of section 212(a) that is not listed in 
     clause (ii) on behalf of an alien for humanitarian purposes, 
     to ensure family unity, or if such a waiver is otherwise in 
     the public interest. Any discretionary authority to waive 
     grounds of inadmissibility under section 212(a) conferred 
     under any other provision of this Act shall apply equally to 
     aliens seeking registered provisional status under this 
     section.
                                 ______
                                 
  SA 1353. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 946, strike line 15 and all that follows 
     through ``(5)'' on page 950, line 1, and insert the 
     following:
       ``(ii) is inadmissible under section 212(a);
       ``(iii) is an alien who the Secretary knows or has 
     reasonable grounds to believe, is engaged in or is likely to 
     engage after entry in any terrorist activity (as defined in 
     section 212(a)(3)(B)(iv)); or
       ``(iv) was, on April 16, 2013--

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

       ``(B) Waiver.--The Secretary may waive the application of 
     subparagraph (A)(i)(III) on behalf of an alien for 
     humanitarian purposes, to ensure family unity, or if such a 
     waiver is otherwise in the public interest. Any discretionary 
     authority to waive grounds of inadmissibility under section 
     212(a) conferred under any other provision of this Act shall 
     apply equally to aliens seeking registered provisional status 
     under this section.
       ``(C) Conviction explained.--For purposes of this 
     paragraph, the term `conviction' does not include a judgment 
     that has been expunged, set aside, or the equivalent.
       ``(D) Rule of construction.--Nothing in this paragraph may 
     be construed to require the Secretary to commence removal 
     proceedings against an alien.
       ``(5)
                                 ______
                                 
  SA 1354. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 945, strike line 21 and all that follows 
     through ``(5)'' on page 950, line 1, and insert the 
     following:

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

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

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

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

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

       ``(B) Conviction explained.--For purposes of this 
     paragraph, the term `conviction' does not include a judgment 
     that has been expunged, set aside, or the equivalent.
       ``(C) Rule of construction.--Nothing in this paragraph may 
     be construed to require the Secretary to commence removal 
     proceedings against an alien.
       ``(5)
                                 ______
                                 
  SA 1355. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. REMOVAL OF CRIMINAL ALIENS.

       (a) Short Title.--This section may be cited as the 
     ``Criminal Alien Removal Act of 2013''.
       (b) Definitions.--In this section:
       (1) Criminal alien.--Except as otherwise provided, the term 
     ``criminal alien'' means an alien who--
       (A) is inadmissible by reason of having committed any 
     offense covered in section 212(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 182(a)(2));
       (B) is deportable by reason of having committed any offense 
     covered in subparagraph (A)(ii), (A)(iii), (B), (C), or (D) 
     of section 237(a)(2) of such Act (8 U.S.C. 1227(a)(2));
       (C) is deportable under section 237(a)(2)(A)(i) of such Act 
     (8 U.S.C. 1227(a)(2)(A)(i)) on the basis of an offense for 
     which the alien has been sentenced to a term of imprisonment 
     of at least 1 year; or
       (D) is inadmissible under section 212(a)(3)(B) (8 U.S.C. 
     1182(a)(3)(B)) or deportable under section 237(a)(4)(B) (8 
     U.S.C. 1227 (a)(4)(B)).
       (2) Criminal alien program.--The term ``Criminal Alien 
     Program'' means the Criminal Alien Program required by 
     subsection (c).
       (c) Criminal Alien Program.--
       (1) Requirement for criminal alien program.--The Secretary 
     shall carry out a program known as the ``Criminal Alien 
     Program'' for the purposes described in paragraph (2).
       (2) Purposes.--The purposes of the Criminal Alien Program 
     are to--
       (A) identify criminal aliens who are incarcerated in a 
     Federal, State, or local correctional facility;
       (B) ensure that such aliens are not released into the 
     community upon the alien's release from such incarceration, 
     without regard to whether the alien is released on parole, 
     supervised release, or probation; and
       (C) remove such aliens from the United States upon such 
     release.
       (3) Technology usage.--To carry out the Criminal Alien 
     Program in remote locations, the Secretary shall, to the 
     maximum extent practicable--
       (A) employ technology, such as videoconferencing in such 
     locations if necessary;
       (B) utilize mobile access to Federal databases of aliens, 
     including existing systems and new integrated data system 
     required by this Act; and
       (C) utilize electronic Livescan fingerprinting technology 
     in order to make such resources available to State and local 
     law enforcement agencies in such locations.

[[Page S4683]]

       (4) Participation by states and localities.--
       (A) In general.--Notwithstanding any other provision of 
     law, a State or locality shall not be eligible to receive 
     funds pursuant to a program described in subparagraph (B) 
     unless the appropriate officials of such State or locality--
       (i) cooperate with the Secretary to carry out the Criminal 
     Alien Program;
       (ii) expeditiously and systematically identify criminal 
     aliens who are incarcerated in a prison or jail located in 
     such State or locality; and
       (iii) promptly convey the information collected under 
     clause (ii) to the Secretary to carry out the Criminal Alien 
     Program.
       (B) Programs.--The programs described in this subparagraph 
     are any law enforcement grant program carried out by 
     personnel of any element of the Department of Justice, 
     including the program described in section 241(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)).
       (C) Other authorities.--To assist States and localities in 
     participating in the Criminal Alien Program, appropriate 
     officials of a State or locality--
       (i) are authorized to hold an illegal alien for a period of 
     up to 14 days after the date such alien completes a term of 
     incarceration within the State or locality in order to 
     effectuate the transfer of such alien to Federal custody if 
     the alien is removable or not lawfully present in the United 
     States; and
       (ii) are authorized to issue a detainer that would allow an 
     alien who completes a term of incarceration within the State 
     or locality to be detained by the State or local prison until 
     personnel from U.S. Immigration and Customs Enforcement is 
     able to take the alien into custody.
       (5) Evaluation of incarcerated alien populations.--The 
     Secretary, acting in conjunction with the Attorney General 
     and the appropriate officials of the States and localities, 
     as appropriate, shall carry out the Criminal Alien Program as 
     follows:
       (A) Not later than 1 year after the date of the enactment 
     of this Act, identify each criminal aliens who--
       (i) is incarcerated in a Federal correctional facility; and
       (ii) will be deportable or removable upon release from such 
     incarceration.
       (B) Not later than 3 years after such date of enactment, 
     identify each criminal alien who--
       (i) is incarcerated in State or local correctional 
     facility;
       (ii) is serving a term of 3 or more years; and
       (iii) will be deportable or removable upon release from 
     such incarceration.
       (d) Removal of Identified Criminal Aliens.--Criminal aliens 
     who are incarcerated and identified as deportable or 
     removable under subsection (c)(5) shall be ordered removed 
     and deported within 90 days.
       (e) Redesignation.--
       (1) In general.--Section 642 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1373) is--
       (A) redesignated as section 295 of the Immigration and 
     Nationality Act; and
       (B) inserted into such Act after section 294 of such Act.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the Immigration and Nationality Act is 
     amended by adding after the item related to section 294 the 
     following:

``Sec. 295. Communication between government agencies and the 
              Immigration and Naturalization Service.''.
       (f) Reports to Congress.--The Secretary shall submit to 
     Congress reports on the implementation of the Criminal Alien 
     Program and the other provisions of this section, including 
     the Secretary's progress in meeting the deadlines set out in 
     subsection (c)(5) as follows:
       (1) An initial report not later than 60 days after the 
     deadline described in subsection (c)(5)(A).
       (2) A second report not later than 60 days after the 
     deadline described in subsection (c)(5)(B).
       (3) An annual report thereafter.
                                 ______
                                 
  SA 1356. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
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 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.--The Secretary may not commence processing 
     applications for registered provisional immigrant status 
     pursuant to section 245B of the Immigration and Nationality 
     Act, as added by section 2101 of this Act, unless, during the 
     first 120-calendar day period of continuous session of 
     Congress after the receipt of the submissions required by 
     paragraph (2), Congress passes a Joint Resolution of Approval 
     of the Comprehensive Southern Border Security Strategy and 
     the Southern Border Fencing Strategy in accordance with this 
     subsection, and such Joint Resolution is enacted into law.
       (2) Submission of comprehensive southern border security 
     strategy and the southern border fencing strategy.--Not later 
     than 6 months after the date of the enactment of this Act, 
     the Secretary shall submit to Congress and the Comptroller 
     General, and make the available to the public through a 
     website of the Department--
       (A) the Comprehensive Southern Border Security Strategy;
       (B) the Southern Border Fencing Strategy; and
       (C)(i) an assessment of the laws the Secretary is required 
     to enforce under the Immigration and Nationality Act and 
     other immigration laws;
       (ii) the progress of the Secretary in implementing such 
     laws; and
       (iii) a plan for required additional enforcement of such 
     laws.
       (3) GAO review.--Not later than 90 days after the date of 
     the submissions under paragraph (2), the Comptroller General 
     shall submit to Congress a report analyzing the submission 
     made under paragraph (2).
       (4) Congressional review.--Congress shall seek the input of 
     the American people on the Comprehensive Southern Border 
     Security Strategy and the Southern Border Fencing Strategy 
     and hold any hearings Congress determines are necessary for 
     reviewing such Strategies.
       (5) Joint resolution of approval.--
       (A) Resolution of approval.--In this paragraph, the term 
     ``Resolution of Approval'' means a Joint Resolution of the 
     Congress entitled ``Joint Resolution Approving the 
     Comprehensive Southern Border Security Strategy and the 
     Southern Border Fencing Strategy'', the sole matter after the 
     resolving clause of which is as follows:

     ``That Congress approves the Comprehensive Southern Border 
     Security Strategy and the Southern Border Fencing Strategy 
     submitted to Congress on ____, in accordance with the 
     provisions of the Border Security, Economic Opportunity, and 
     Immigration Modernization Act.''.
       (B) Procedures applicable to the senate.--
       (i) Rulemaking authority.--The provisions under this 
     subparagraph are enacted by Congress--

       (I) as an exercise of the rulemaking power of the Senate, 
     and as such they are deemed a part of the rules of the 
     Senate, but applicable only with respect to the procedure to 
     be followed in the Senate in the case of a Resolution of 
     Approval, and such provisions supersede other rules of the 
     Senate only to the extent that they are inconsistent with 
     such other rules; and
       (II) with full recognition of the constitutional right of 
     the Senate to change the rules (so far as relating to the 
     procedure of the Senate) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of the 
     Senate.

       (ii) Introduction; referral.--

       (I) In general.--Not later than the third day on which the 
     Senate is in session following the day on which the 
     submissions required by paragraph (2) are received by the 
     Congress, a Resolution of Approval shall be introduced (by 
     request) in the Senate by either the Majority Leader or 
     Minority Leader. If the Resolution of Approval is not 
     introduced as provided in the preceding sentence, any Senator 
     may introduce a Resolution of Approval on the fourth day on 
     which the Senate is in session after the date of the receipt 
     of the submissions required by paragraph (2).
       (II) Referral.--Upon introduction, the Resolution of 
     Approval shall be referred jointly to each of the committees 
     having jurisdiction over the subject matter in the 
     submissions required by paragraph (2) by the President of the 
     Senate. Upon the expiration of 60 days of continuous session 
     after the introduction of the Resolution of Approval, each 
     committee to which the Resolution of Approval was referred 
     shall make its recommendations to the Senate.
       (III) Discharge.--If any committee to which a Resolution of 
     Approval is referred has not reported the Resolution of 
     Approval at the end of 60 days of continuous session of the 
     Congress after introduction of the Resolution of Approval, 
     such committee shall be discharged from further consideration 
     of the Resolution of Approval, and the Resolution of Approval 
     shall be placed on the legislative calendar of the Senate.

       (iii) Consideration.--

       (I) In general.--When each committee to which a Resolution 
     of Approval has been referred has reported, or has been 
     discharged from further consideration of, the Resolution of 
     Approval it shall at any time thereafter be in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for any Member of the Senate to move to proceed 
     to the consideration of the Resolution of Approval. Such 
     motion shall not be debatable. If a motion to proceed to the 
     consideration of the Resolution of Approval is agreed to, the 
     Resolution of Approval shall remain the unfinished business 
     of the Senate until the disposition of the Resolution of 
     Approval.
       (II) Debate.--Debate on the Resolution of Approval, and on 
     all debatable motions and appeals in connection with the 
     Resolution of Approval, shall be limited to not more than 30 
     hours, which shall be divided equally between Members 
     favoring and Members opposing the Resolution of Approval. A 
     motion to further limit debate shall be in order and shall 
     not be debatable. The Resolution of Approval shall not be 
     subject to amendment, to a motion to postpone, or to a motion 
     to proceed to the consideration of other business.

[[Page S4684]]

     A motion to recommit the Resolution of Approval shall not be 
     in order.
       (III) Final vote.--Immediately following the conclusion of 
     the debate on the Resolution of Approval, and a single quorum 
     call at the conclusion of such debate if requested in 
     accordance with the rules of the Senate, the vote on the 
     Resolution of Approval shall occur.
       (IV) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate to the 
     procedure relating to the Resolution of Approval shall be 
     limited to 1 hour of debate.

       (iv) Receipt of a resolution from the house.--If the Senate 
     receives from the House of Representatives a Resolution of 
     Approval, the following procedures shall apply:

       (I) A Resolution of Approval of the House of 
     Representatives received in the Senate shall not be referred 
     to a committee and shall be placed on the Senate calendar, 
     except that it shall not be in order to consider the 
     Resolution of Approval received from the House of 
     Representatives until such time as each committee to which 
     the Resolution of Approval introduced in the Senate was 
     referred under clause (ii)(II) reports the Resolution of 
     Approval or is discharged from further consideration of the 
     Resolution of Approval, pursuant to this subparagraph.
       (II) With respect to the disposition by the Senate of a 
     Resolution of Approval, on any vote on final passage of a 
     Resolution of Approval of the Senate, a Resolution of 
     Approval received from the House of Representatives shall be 
     automatically substituted for the resolution of the Senate.

       (C) Procedures applicable to the house of 
     representatives.--
       (i) Rulemaking authority.--The provisions of this 
     subparagraph are enacted by Congress--

       (I) as an exercise of the rulemaking power of the House of 
     Representatives, and as such they are deemed a part of the 
     rules of the House of Representatives, but applicable only 
     with respect to the procedure to be followed in the House of 
     Representatives in the case of a Resolution of Approval, and 
     such provisions supersede other rules of the House of 
     Representatives only to the extent that they are inconsistent 
     with such other rules; and
       (II) with full recognition of the constitutional right of 
     the House of Representatives to change the rules (so far as 
     relating to the procedure of the House of Representatives) at 
     any time, in the same manner, and to the same extent as in 
     the case of any other rule of the House of Representatives.

       (ii) Introduction; referral.--

       (I) In general.--Not later than the third day on which the 
     House of Representatives is in session following the day on 
     which the submissions required by paragraph (2) are received 
     by the Congress, a Resolution of Approval shall be introduced 
     (by request) in the House of Representatives by either the 
     Speaker of the House of Representatives or the Minority 
     Leader. If the Resolution of Approval is not introduced as 
     provided in the preceding sentence, any Member may introduce 
     a Resolution of Approval on the fourth day on which the House 
     of Representatives is in session after the date of the 
     receipt of the submissions required by paragraph (2).
       (II) Referral.--A Resolution of Approval shall upon 
     introduction be immediately referred to the appropriate 
     committee or committees of the House of Representatives. Any 
     Resolution of Approval received from the Senate shall be held 
     at the Speaker's table.
       (III) Discharge.--Upon the expiration of 60 days of 
     continuous session after the introduction of a Resolution of 
     Approval, each committee to which the Resolution of Approval 
     was referred shall be discharged from further consideration 
     of the Resolution of Approval, and the Resolution of Approval 
     shall be referred to the appropriate calendar, unless the 
     Resolution of Approval or an identical resolution was 
     previously reported by each committee to which it was 
     referred.

       (iii) Consideration.--It shall be in order for the Speaker 
     to recognize a Member favoring the Resolution of Approval to 
     call up the Resolution of Approval after it has been on the 
     appropriate calendar for 5 legislative days. When a 
     Resolution of Approval is called up, the House of 
     Representatives shall proceed to its immediate consideration 
     and the Speaker shall recognize the Member calling up the 
     Resolution of Approval and a Member opposed to the Resolution 
     of Approval for 10 hours of debate in the House of 
     Representatives, to be equally divided and controlled by such 
     Members. When such time has expired, the previous question 
     shall be considered as ordered on the Resolution of Approval 
     to adoption without intervening motion. No amendment to the 
     Resolution of Approval shall be in order, nor shall it be in 
     order to move to reconsider the vote by which the Resolution 
     of Approval is agreed to or disagreed to.
       (iv) Receipt of resolution from senate.--If the House of 
     Representatives receives from the Senate a Resolution of 
     Approval:

       (I) The Resolution of Approval shall not be referred to a 
     committee.
       (II) With respect to the disposition of the House of 
     Representatives of the Resolution of Approval--

       (aa) the procedure with respect to the Resolution of 
     Approval introduced in the House of Representatives shall be 
     the same as if no Resolution of Approval had been received 
     from the Senate; but
       (bb) the vote on final passage in the House of 
     Representatives shall be on the Resolution of Approval 
     received from the Senate.
                                 ______
                                 
  SA 1357. Mr. COBURN (for himself and Mr. Carper) 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 955, strike lines 1 through 5, and insert the 
     following:
       (C) Interviews.--
       (i) Mandatory interviews.--Before granting a waiver of 
     ineligibility for registered provisional immigrant status 
     under this section, the Secretary, through U.S. Citizenship 
     and Immigration Services, shall conduct an in-person 
     interview if the applicant is present in the United States 
     and is described in paragraph (2) or (6)(B) of section 212(a) 
     (relating to criminal aliens and aliens who failed to appear 
     at prior removal hearings).
       (ii) Permitted interviews.--The Secretary, through U.S. 
     Citizenship and Immigration Services, may interview 
     applicants for registered provisional immigrant status not 
     described in clause (i) to determine whether they meet the 
     eligibility requirements set forth in subsection (b).
                                 ______
                                 
  SA 1358. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
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 922, strike line 1 and all that follows 
     through page 927, line 7, and insert the following:

     SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT 
                   TASK FORCE.

       (a) Establishment.--
       (1) In general.--There is established an independent task 
     force, which shall be known as the Department of Homeland 
     Security Border Oversight Task Force (referred to in this 
     section as the DHS Task Force).
       (2) Duties.--The DHS Task Force shall--
       (A) review and make recommendations regarding immigration 
     and border enforcement policies, strategies, and programs 
     that take into consideration their impact on border 
     communities;
       (B) recommend ways in which the Border Communities Liaison 
     Offices can strengthen relations and collaboration between 
     communities in the border regions and the Department, the 
     Department of Justice, and other Federal agencies that carry 
     out such policies, strategies, and programs;
       (C) evaluate how the policies, strategies, and programs of 
     Federal agencies operating along the international borders 
     between the United States and Mexico and between the United 
     States and Canada protect the due process, civil, and human 
     rights of border residents, visitors, and migrants at and 
     near such borders; and
       (D) evaluate and make recommendations regarding the 
     training of border enforcement personnel described in section 
     1112.
       (3) Membership.--
       (A) In general.--The DHS Task Force shall be composed of 35 
     members, appointed by the President, who have expertise in 
     enforcing Federal immigration laws, migration, local crime 
     indices, civil and human rights, community relations, cross-
     border trade and commerce, quality of life indicators, or 
     other pertinent experience, of whom--
       (i) 15 members shall be from the Northern border region and 
     shall include--

       (I) 2 local government elected officials;
       (II) 2 local law enforcement officials;
       (III) 2 civil rights advocates;
       (IV) 1 business representative;
       (V) 1 higher education representative;
       (VI) 1 private land owner representative;
       (VII) 1 representative of a faith community; and
       (VIII) 2 representatives of U.S. Border Patrol;
       (IX) 1 representative of U.S. Immigration and Customs 
     Enforcement;
       (X) 1 representative of U.S. Customs and Border Protection; 
     and
       (XI) 1 representative of U.S. Citizenship and Immigration 
     Services; and

       (ii) 20 members shall be from the Southern border region 
     and shall include--

       (I) 3 local government elected officials;
       (II) 3 local law enforcement officials;
       (III) 3 civil rights advocates;
       (IV) 2 business representatives;
       (V) 1 higher education representative;
       (VI) 2 private land owner representatives;
       (VII) 1 representative of a faith community;
       (VIII) 2 representatives of U.S. Border Patrol;
       (IX) 1 representative of U.S. Immigration and Customs 
     Enforcement;
       (X) 1 representative of U.S. Customs and Border Protection; 
     and
       (XI) 1 representative of U.S. Citizenship and Immigration 
     Services.

       (B) Term of service.--Members of the DHS Task Force 
     described in subclauses (VIII) through (XI) of clause (i) and 
     subclauses (VIII) through (XI) of clause (ii) shall be 
     selected by a vote of their peers. All members of the DHS 
     Task Force shall be appointed for the shorter of--
       (i) 3 years; or
       (ii) the life of the DHS Task Force.

[[Page S4685]]

       (C) Chair, vice chair.--The members of the DHS Task Force 
     shall elect a Chair and a Vice Chair from among its members, 
     who shall serve in such capacities for the life of the DHS 
     Task Force or until removed by the majority vote of at least 
     14 members.
       (b) Operations.--
       (1) Hearings.--The DHS Task Force may, for the purpose of 
     carrying out its duties, hold hearings, sit and act, take 
     testimony, receive evidence, and administer oaths.
       (2) Recommendations.--The DHS Task Force may make findings 
     or recommendations to the Secretary related to the duties 
     described in subsection (a)(2).
       (3) Response.--Not later than 180 days after receiving the 
     findings and recommendations from the DHS Task Force under 
     paragraph (2), the Secretary shall issue a response that 
     describes how the Department has addressed, or will address, 
     such findings and recommendations. If the Secretary disagrees 
     with any finding of the DHS Task Force, the Secretary shall 
     provide an explanation for the disagreement.
       (4) Information from federal agencies.--The Chair, or 16 
     members of the DHS Task Force, may request statistics 
     relating to the duties described in subsection (a)(2) 
     directly from any Federal agency, which shall, to the extent 
     authorized by law, furnish such information, suggestions, 
     estimates, and statistics directly to the DHS Task Force.
       (5) Compensation.--Members of the DHS Task Force shall 
     serve without pay, but shall be reimbursed for reasonable 
     travel and subsistence expenses incurred in the performance 
     of their duties.
       (c) Report.--Not later than 2 years after its first 
     meeting, the DHS Task Force shall submit a final report to 
     the President, Congress, and the Secretary that contains--
       (1) findings with respect to the duties of the DHS Task 
     Force; and
       (2) recommendations regarding border and immigration 
     enforcement policies, strategies, and programs, including--
       (A) a recommendation as to whether the DHS Task Force 
     should continue to operate; and
       (B) a description of any duties for which the DHS Task 
     Force should be responsible after the termination date 
     described in subsection (e).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section for each of the fiscal years 2014 through 2017.
       (e) Sunset.--The DHS Task Force shall terminate operations 
     60 days after the date on which the DHS Task Force submits 
     the report described in subsection (c).
                                 ______
                                 
  SA 1359. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
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 861, strike line 23 and all that follows 
     through page 864, line 7, and insert the following:

     SEC. 4. SOUTHERN BORDER SECURITY COMMISSION.

       (a) Establishment.--If the Secretary certifies that the 
     Department has not achieved effective control in all border 
     sectors during any fiscal year beginning before the date that 
     is 5 years after the date of the enactment of this Act, not 
     later than 60 days after such certification, there shall be 
     established a commission to be known as the Southern Border 
     Security Commission (referred to in this section as the 
     Commission).
       (b) Composition.--
       (1) In general.--The Commission shall be composed of--
       (A) 2 members who shall be appointed by the President;
       (B) 2 members who shall be appointed by the President pro 
     tempore of the Senate, of which--
       (i) 1 shall be appointed upon the recommendation of the 
     leader in the Senate of the political party that is not the 
     political party of the President; and
       (ii) 1 shall be appointed upon the recommendation of the 
     leader in the Senate of the other political party;
       (C) 2 members who shall be appointed by the Speaker of the 
     House of Representatives, of which--
       (i) 1 shall be appointed upon the recommendation of the 
     leader in the House of Representatives of the political party 
     that is not the political party of the President; and
       (ii) 1 shall be appointed upon the recommendation of the 
     leader in the House of Representatives of the other political 
     party;
       (D) 4 members, consisting of 1 member from each of the 
     States along the Southern border, who shall be--
       (i) the Governor of such State; or
       (ii) appointed by the Governor of each such State; and
       (E) 5 members, consisting of front line personnel with 
     experience securing the borders of the United States and 
     enforcing customs and immigration laws selected by a vote of 
     their peers, including--
       (i) 2 U.S. Border Patrol agents;
       (ii) 1 U.S. Customs and Border Protection employee;
       (iii) 1 U.S. Citizenship and Immigration Services employee; 
     and
       (iv) 1 U.S. Immigration and Customs Enforcement employee.
       (2) Qualification for appointment.--Appointed members of 
     the Commission shall be distinguished individuals noted for 
     their knowledge and experience in the field of border 
     security at the Federal, State, or local level.
       (3) Time of appointment.--The appointments required by 
     paragraph (1) shall be made not later than 60 days after the 
     Secretary makes a certification described in subsection (a).
       (4) Chair.--At the first meeting of the Commission, a 
     majority of the members of the Commission present and voting 
     shall elect the Chair of the Commission.
       (5) Vacancies.--Any vacancy of the Commission shall not 
     affect its powers, but shall be filled in the manner in which 
     the original appointment was made.
       (6) Rules.--The Commission shall establish the rules and 
     procedures of the Commission which shall require the approval 
     of at least 6 members of the Commission.
       (c) Duties.--The Commission's primary responsibility shall 
     be to make recommendations to the President, the Secretary, 
     and Congress on policies to achieve and maintain the border 
     security goal specified in section 3(b) by achieving and 
     maintaining--
       (1) the capability to engage in, and engaging in, 
     persistent surveillance in border sectors along the Southern 
     border; and
       (2) an effectiveness rate of 90 percent or higher in all 
     border sectors along the Southern border.
       (d) Report.--Not later than 180 days after the end of the 
     5-year period described in subsection (a), the Commission 
     shall submit to the President, the Secretary, and Congress a 
     report setting forth specific recommendations for policies 
     for achieving and maintaining the border security goals 
     specified in subsection (c). The report shall include, at a 
     minimum, recommendations for the personnel, infrastructure, 
     technology, and other resources required to achieve and 
     maintain an effectiveness rate of 90 percent or higher in all 
     border sectors.
       (e) Travel Expenses.--Members of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from their homes or regular places of business in 
     the performance of services for the Commission.
       (f) Administrative Support.--The Secretary shall provide 
     the Commission such staff and administrative services as may 
     be necessary and appropriate for the Commission to perform 
     its functions. Any employee of the executive branch of 
     Government may be detailed to the Commission without 
     reimbursement to the agency of that employee and such detail 
     shall be without interruption or loss of civil service or 
     status or privilege.
       (g) Comptroller General Review.--The Comptroller General of 
     the United States shall review the recommendations in the 
     report submitted under subsection (d) in order to determine--
       (1) whether any of the recommendations are likely to 
     achieve effective control in all border sectors;
       (2) which recommendations are most likely to achieve 
     effective control; and
       (3) whether such recommendations are feasible within 
     existing budget constraints.
       (h) Termination.--The Commission shall terminate 30 days 
     after the date on which the report is submitted under 
     subsection (d).
                                 ______
                                 
  SA 1360. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
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 861, strike line 8.
       On page 861, line 14, strike the period at the end and 
     insert the following: ``; and
       (E) 5 members, consisting of front line personnel with 
     experience securing the borders of the United States and 
     enforcing customs and immigration laws selected by a vote of 
     their peers, including--
       (i) 2 U.S. Border Patrol agents;
       (ii) 1 U.S. Customs and Border Protection employee;
       (iii) 1 U.S. Citizenship and Immigration Services employee; 
     and
       (iv) 1 U.S. Immigration and Customs Enforcement employee.
       On page 923, line 9, strike ``29'' and insert ``35''.
       On page 923, line 10, insert ``enforcing Federal 
     immigration laws,'' after ``expertise in''.
       On page 923, line 15, strike ``12 members'' and insert ``15 
     members''.
       On page 924, beginning on line 4, strike ``and'' and all 
     that follows through ``17 members'' on line 7, and insert the 
     following:

       (VIII) 2 representatives of U.S. Border Patrol;
       (IX) 1 representative of U.S. Immigration and Customs 
     Enforcement;
       (X) 1 representative of U.S. Customs and Border Protection; 
     and
       (XI) 1 representative of U.S. Citizenship and Immigration 
     Services; and

       (ii) 20 members
       On page 924, beginning on line 20, strike ``and'' and all 
     that follows through line 22, and insert the following:

       (VIII) 2 representatives of U.S. Border Patrol;
       (IX) 1 representative of U.S. Immigration and Customs 
     Enforcement;
       (X) 1 representative of U.S. Customs and Border Protection; 
     and

[[Page S4686]]

       (XI) 1 representative of U.S. Citizenship and Immigration 
     Services.

       On page 924, line 24, insert ``described in subclauses 
     (VIII) through (XI) of clause (i) and subclauses (VIII) 
     through (XI) of clause (ii) shall be selected by a vote of 
     their peers. All members of the Task Force''.
                                 ______
                                 
  SA 1361. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
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 1105 and insert the following:

     SEC. 1105. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY 
                   ON CERTAIN FEDERAL LAND.

       (a) Prohibition on Secretaries of the Interior and 
     Agriculture.--The Secretary of the Interior or the Secretary 
     of Agriculture shall not impede, prohibit, or restrict 
     activities of U.S. Customs and Border Protection on Federal 
     land located within 100 miles of an international land border 
     that is under the jurisdiction of the Secretary of the 
     Interior or the Secretary of Agriculture, to execute search 
     and rescue operations and to prevent all unlawful entries 
     into the United States, including entries by terrorists, 
     other unlawful aliens, instruments of terrorism, narcotics, 
     and other contraband through the international land borders 
     of the United States.
       (b) Authorized Activities of U.S. Customs and Border 
     Protection.--U.S. Customs and Border Protection shall have 
     immediate access to Federal land within 100 miles of the 
     international land border under the jurisdiction of the 
     Secretary of the Interior or the Secretary of Agriculture for 
     purposes of conducting the following activities on such land 
     that prevent all unlawful entries into the United States, 
     including entries by terrorists, other unlawful aliens, 
     instruments of terrorism, narcotics, and other contraband 
     through the international land borders of the United States:
       (1) Construction and maintenance of roads.
       (2) Construction and maintenance of barriers.
       (3) Use of vehicles to patrol, apprehend, or rescue.
       (4) Installation, maintenance, and operation of 
     communications and surveillance equipment and sensors.
       (5) Deployment of temporary tactical infrastructure.
       (c) Clarification Relating to Waiver Authority.--
       (1) In general.--The waiver by the Secretary of Homeland 
     Security on April 1, 2008, under section 102(c)(1) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
     described in paragraph (2) with respect to certain sections 
     of the international border between the United States and 
     Mexico and between the United States and Canada shall be 
     considered to apply to all Federal land under the 
     jurisdiction of the Secretary of the Interior or the 
     Secretary of Agriculture within 100 miles of the 
     international land borders of the United States for the 
     activities of U.S. Customs and Border Protection described in 
     subsection (b).
       (2) Description of laws waived.--The laws referred to in 
     paragraph (1) are limited to the Wilderness Act (16 U.S.C. 
     1131 et seq.), the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.), the National Historic Preservation 
     Act (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 
     et seq.), the Act of June 8, 1906 (commonly known as the 
     ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild 
     and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), the National Wildlife Refuge System Administration Act 
     of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act 
     of 1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife 
     Coordination Act (16 U.S.C. 661 et seq.), subchapter II of 
     chapter 5, and chapter 7, of title 5, United States Code 
     (commonly known as the ``Administrative Procedure Act''), the 
     National Park Service Organic Act (16 U.S.C. 1 et seq.), the 
     General Authorities Act of 1970 (Public Law 91-383) (16 
     U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of the 
     National Parks and Recreation Act of 1978 (Public Law 95-625, 
     92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990 
     (16 U.S.C. 1132 note; Public Law 101-628).
       (d) Protection of Legal Uses.--This section shall not be 
     construed to provide--
       (1) authority to restrict legal uses, such as grazing, 
     hunting, mining, or public-use recreational and backcountry 
     airstrips on land under the jurisdiction of the Secretary of 
     the Interior or the Secretary of Agriculture; or
       (2) any additional authority to restrict legal access to 
     such land.
       (e) Effect on State and Private Land.--This Act shall--
       (1) have no force or effect on State or private land; and
       (2) not provide authority on or access to State or private 
     land.
                                 ______
                                 
  SA 1362. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1618, between lines 11 and 12, insert the 
     following:

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

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall immediately 
     initiate removal proceedings, in accordance with chapter 4 of 
     title II of the Immigration and Nationality Act (8 U.S.C. 
     1221 et seq.), against not fewer than 90 percent of the 
     aliens who--
       (1) were admitted as nonimmigrants after such date of 
     enactment; and
       (2) have exceeded their authorized period of admission.
       (b) Report.--At the end of each calendar quarter, the 
     Secretary shall submit a report to Congress that identifies--
       (1) the total number of aliens who exceeded their 
     authorized period of stay as nonimmigrants during that 
     quarter;
       (2) the total number of aliens described in paragraph (1) 
     against whom the Secretary has initiated removal proceedings; 
     and
       (3) statistics about aliens who lawfully entered the United 
     States and exceeded their authorized period of admission, 
     categorized by visa type and nation of origin.
                                 ______
                                 
  SA 1363. Mr. COBURN (for himself and Mr. Johnson of Wisconsin) 
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 1014, strike line 1 and all that follows 
     through ``(e)'' on page 1020, line 3, and insert ``(b)''.
                                 ______
                                 
  SA 1364. Mr. WARNER (for himself and Mr. Udall of Colorado) 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 1852, line 1, strike ``$250,000'' and insert ``an 
     additional $150,000''.
       On page 1854, strike lines 4 through 20, and insert the 
     following:
       ``(ii) Qualified entrepreneur.--

       ``(I) In general.--The term ``qualified entrepreneur'' 
     means an individual who--

       ``(aa) has a significant ownership interest, which need not 
     constitute a majority interest, in a United States business 
     entity;
       ``(bb) is employed in a senior executive position of such 
     United States business entity; and
       ``(cc) had a substantial role in the founding or early-
     stage growth and development of such United States business 
     entity.

       ``(II) Waiver of significant owner interest requirement.--
     Notwithstanding subclause (I)(aa), the Secretary may 
     determine that an individual that does not have a significant 
     ownership interest in a United States business entity but 
     that otherwise meets the requirements of subclause (I) is a 
     qualified entrepreneur if the business entity was acquired in 
     a bona fide arm's length transaction by another United States 
     business entity.

       On page 1856, strike lines 19 through 21, and insert the 
     following:

       ``(III)(aa) pays a wage that is not less than 250 percent 
     of the Federal minimum wage; or
       ``(bb) provides to the holder of the position equity 
     compensation in an amount equal to 1 percent of the equity of 
     the United States business entity on an `as-converted' basis.

       On page 1861, strike lines 16 through 25, and insert the 
     following:
       ``(cc) has been advising such entity or other similar funds 
     or a series of funds for at least 2 years; and
       ``(dd) has advised such entity or a similar fund or a 
     series of funds with respect to at least 2 investments of not 
     less than $500,000 made by such entity or similar fund or 
     series of funds during at least 2 of the most recent 3 years.
       On page 1863, strike lines 13 through 17, and insert the 
     following:
       ``(B) Availability of visas.--
       ``(i) In general.--Visas shall be available, in a number 
     not to exceed 10,000 for each fiscal year, to qualified 
     immigrants seeking to enter the United States for the purpose 
     of creating new businesses, as described in this paragraph.
       ``(ii) Additional visas.--

       ``(I) In general.--An additional 5,000 visas for each 
     fiscal year shall be reallocated from unused visas if the 
     Secretary determines, after receiving the report required by 
     subclause (II), that the provision of visas under this 
     paragraph has been effective in creating new businesses and 
     that there would be additional economic benefit derived from 
     the provision of additional visas under this paragraph.
       ``(II) GAO report.--Not later than 30 days after the end of 
     each fiscal year, the Comptroller General of the United 
     States shall submit to Congress and the Secretary a report on 
     the effectiveness of providing visas under this section in 
     creating new businesses and recommendations with respect to 
     the provision of such visas. The Secretary shall provide any 
     necessary data to Comptroller General upon request.

       On page 1864, line 1, strike ``3-year period'' and insert 
     ``6-year period''.
       On page 1865, line 1, strike ``2-year period'' and insert 
     ``3-year period''.
       On page 1865, line 3, insert after ``revenue'' the 
     following: ``, in any 12-month period during that 3-year 
     period,''.

[[Page S4687]]

       On page 1865, line 8, strike the semicolon and insert ``; 
     or''.
                                 ______
                                 
  SA 1365. Mr. WARNER 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 1298, strike line 18 and all that follows 
     through page 1299, line 11, and insert the following:

     SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REGULAR 
                   INTERNET ACCESS.

       (a) Electronic Filing Not Required.--
       (1) In general.--The Secretary may not require that an 
     applicant or petitioner for permanent residence or United 
     States citizenship use an electronic method to file any 
     application, or to access a customer account as the sole 
     means of applying for such status.
       (2) Sunset date.--This subsection shall cease to be 
     effective on October 1, 2020.
       (b) Notification Requirement.--Beginning on October 1, 
     2020, the Secretary may not require that an applicant or 
     petitioner for permanent residence or citizenship of the 
     United States use an electronic method to file any 
     application or to access a customer account unless the 
     Secretary notifies the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives of such requirement not later than 30 days 
     before the effective date of such requirement.
       (c) Enabling Digital Paperwork Processing.--In order to 
     improve efficiency and to discourage fraud, the Secretary may 
     provide incentives to encourage digital filing, including 
     expedited processing, modified filing fees, or discounted 
     membership in trusted traveler programs, if the Secretary 
     provides electronic access to a digital application process 
     in application support centers, district offices, or other 
     ubiquitous, commercial, and nongovernmental organization 
     locations designated by the Secretary.
       On page 1418, strike lines 12 through 19 and insert the 
     following:

     SEC. 3103. INCREASING SECURITY AND INTEGRITY OF GOVERNMENT-
                   ISSUED CREDENTIALS AND SYSTEMS.

       (a) Assessment.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the National Institute of Standards and Technology, 
     shall submit an assessment, with recommendations to Congress 
     on--
       (1) the feasibility of automated biometric comparison to 
     verify that the person presenting the employment 
     authorization document is the rightful holder;
       (2) how best to enable United States citizens and aliens 
     lawfully present in the United States to better secure the 
     accuracy and privacy of their digital interactions with 
     Federal information systems; and
       (3) a timetable for the actions described in paragraphs (1) 
     and (2).
       (b) Advisory Committee.--
       (1) Establishment.--The Secretary shall establish an 
     advisory committee to support a public-private, multi-
     stakeholder process that includes relevant Federal agencies 
     and groups representing the State governors, motor vehicle 
     administrators, civil liberties groups, public safety 
     organizations, representatives of the technology, financial 
     services and healthcare sectors, and such other public or 
     private entities as the Secretary considers appropriate.
       (2) Functions.--The advisory committee established pursuant 
     to paragraph (1) shall--
       (A) collect and analyze recommendations from the 
     stakeholders described in paragraph (1) with respect to the 
     assessment conducted under subsection (a); and
       (B) provide Congress with any ongoing recommendations for 
     legislative and administrative action regarding improvements 
     to the security, integrity, and privacy of government issued 
     credentials and systems.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to enter into agreements with the National Academy 
     of Sciences to provide reviews and intellectual support for 
     the mission of the advisory committee established pursuant to 
     subsection (b)(1).
                                 ______
                                 
  SA 1366. 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 1465, strike lines 6 through 12 and insert the 
     following:
       (3) Regulations.--
       (A) In general.--Not later than 90 days after the date the 
     study required by paragraph (2) is completed, the Secretary, 
     in consultation with the Attorney General, shall issue 
     regulations regarding the use of race, ethnicity, and any 
     other suspect classifications the Secretary deems appropriate 
     by covered Department of Homeland Security officers.
       (B) Compliance.--The Secretary shall establish mandatory 
     training courses for covered Department of Homeland Security 
     officers on compliance with the regulations issued under 
     subparagraph (A).
       (C) Inspector general report.--Beginning not later than 1 
     year after the date on which the Secretary establishes the 
     mandatory training courses under subparagraph (B), and every 
     year thereafter, the Inspector General for the Department 
     shall submit to Congress a report on the compliance by 
     covered Department of Homeland Security officers with the 
     regulations issued under subparagraph (A).
                                 ______
                                 
  SA 1367. 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:

       Beginning on page 1464, strike line 22 and all that follows 
     through page 1466, line 8, and insert the following:
       (c) Study and Regulations.--
       (1) Data collection.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall begin 
     collecting data regarding the individualized immigration 
     enforcement activities of covered Department of Homeland 
     Security officers.
       (2) Study.--Not later than 180 days after data collection 
     under paragraph (1) commences, and every year thereafter, the 
     Secretary shall complete a study analyzing the data.
       (3) Regulations.--Not later than 90 days after the date the 
     first study required by paragraph (2) is completed, the 
     Secretary, in consultation with the Attorney General, shall 
     issue regulations regarding the use of race, ethnicity, and 
     any other suspect classifications the Secretary deems 
     appropriate by covered Department of Homeland Security 
     officers.
       (4) Reports.--Not later than 30 days after completion of 
     each study required by paragraph (2), the Secretary shall 
     submit the study to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security of the House of 
     Representatives;
       (C) the Committee on Appropriations of the Senate;
       (D) the Committee on Appropriations of the House of 
     Representatives;
       (E) the Committee on the Judiciary of the Senate; and
       (F) the Committee on the Judiciary of the House of 
     Representatives.
       (5) Defined term.--In this subsection, the term ``covered 
     Department of Homeland Security officer'' means any officer, 
     agent, or employee of United States Customs and Border 
     Protection, United States Immigration and Customs 
     Enforcement, or the Transportation Security Administration.
                                 ______
                                 
  SA 1368. Mrs. MURRAY (for herself and Mr. Crapo) 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:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON RESTRAINTS ON PREGNANT DETAINEES.

       (a) Prohibition on Restraint of Pregnant Detainees.--
       (1) Prohibition.--A detention facility shall not use 
     restraints on a detainee known to be pregnant, including 
     during labor, transport to a medical facility or birthing 
     center, delivery, and postpartum recovery, unless the 
     facility administrator makes an individualized determination 
     that the detainee presents an extraordinary circumstance as 
     described in paragraph (2).
       (2) Extraordinary circumstance.--Restraints for an 
     extraordinary circumstance are only permitted if a medical 
     officer has directed the use of restraints for medical 
     reasons or if the facility administrator makes an 
     individualized determination that--
       (A) credible, reasonable grounds exist to believe the 
     detainee presents an immediate and serious threat of hurting 
     herself, staff or others; or
       (B) reasonable grounds exist to believe the detainee 
     presents an immediate and credible risk of escape that cannot 
     be reasonably minimized through any other method.
       (3) Requirement for least restrictive restraints.--In the 
     rare event that one of the extraordinary circumstances in 
     paragraph (2) applies, medical staff shall determine the 
     safest method and duration for the use of restraints and the 
     least restrictive restraints necessary shall be used for a 
     pregnant detainee, except that--
       (A) if a doctor, nurse, or other health professional 
     treating the detainee requests that restraints not be used, 
     the detention officer accompanying the detainee shall 
     immediately remove all restraints;
       (B) under no circumstance shall leg or waist restraints be 
     used;
       (C) under no circumstance shall wrist restraints be used to 
     bind the detainee's hands behind her back; and
       (D) under no circumstances shall any restraints be used on 
     any detainee in labor or childbirth.
       (4) Record of extraordinary circumstances.--
       (A) Requirement.--If restraints are used on a detainee 
     pursuant to paragraph (2), the facility administrator shall 
     make a written finding within 10 days as to the extraordinary 
     circumstance that dictated the use of the restraints.
       (B) Retention.--A written find made under subparagraph (A) 
     shall be kept on file by the detention facility for at least 
     5 years and be made available for public inspection, except 
     that no individually identifying information

[[Page S4688]]

     of any detainee shall be made public without the detainee's 
     prior written consent.
       (b) Prohibition on Presence of Detention Officers During 
     Labor or Childbirth.--Upon a detainee's admission to a 
     medical facility or birthing center for labor or childbirth, 
     no detention officer shall be present in the room during 
     labor or childbirth, unless specifically requested by medical 
     personnel. If a detention officer's presence is requested by 
     medical personnel, the detention officer shall be female, if 
     practicable. If restraints are used on a detainee pursuant to 
     subsection (a)(2), a detention officer shall remain 
     immediately outside the room at all times so that the officer 
     may promptly remove the restraints if requested by medical 
     personnel, as required by subsection (a)(3)(A).
       (c) Definitions.--In this section:
       (1) Detainee.--The term ``detainee'' includes any adult or 
     juvenile person detained under the Immigration and 
     Nationality Act (8 U.S.C. 1101) or held by any Federal, 
     State, or local law enforcement agency under an immigration 
     detainer.
       (2) Detention facility.--The term ``detention facility'' 
     means a Federal, State, or local government facility, or a 
     privately owned and operated facility, that is used, in whole 
     or in part, to hold individuals under the authority of the 
     Director of U.S. Immigration and Customs Enforcement or the 
     Commissioner of U.S. Customs and Border Protection, including 
     facilities that hold such individuals under a contract or 
     agreement with the Director or Commissioner, or that is used, 
     in whole or in part, to hold individuals pursuant to an 
     immigration detainer.
       (3) Facility administrator.--The term ``facility 
     administrator'' means the official that is responsible for 
     oversight of a detention facility or the designee of such 
     official.
       (4) Labor.--The term ``labor'' means the period of time 
     before a birth during which contractions are of sufficient 
     frequency, intensity, and duration to bring about effacement 
     and progressive dilation of the cervix.
       (5) Postpartum recovery.--The term ``postpartum recovery'' 
     mean, as determined by her physician, the period immediately 
     following delivery, including the entire period a woman is in 
     the hospital or infirmary after birth.
       (6) Restraint.--The term ``restraint'' means any physical 
     restraint or mechanical device used to control the movement 
     of a detainee's body or limbs, including flex cuffs, soft 
     restraints, hard metal handcuffs, a black box, Chubb cuffs, 
     leg irons, belly chains, a security (tether) chain, or a 
     convex shield.
       (d) Annual Report.--
       (1) Requirement.--Not later than 30 days before the end of 
     each fiscal year, the facility administrator of each 
     detention facility in whose custody a pregnant detainee had 
     been subject to the use of restraints during the previous 
     fiscal year shall submit to the Secretary a written report 
     that includes an account of every instance of such a use of 
     restraints. No such report may contain any individually 
     identifying information of any detainee.
       (2) Public inspection.--Each report submitted under 
     paragraph (1) shall be made available for public inspection.
       (e) Rulemaking.--The Secretary shall adopt regulations or 
     policies to carry out this section at every detention 
     facility.
                                 ______
                                 
  SA 1369. Mr. BROWN 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 1796, lines 9 and 10, strike ``U.S. Citizenship and 
     Immigration Services'' and insert ``Department of Labor''.

       On page 1799, lines 19 and 20, strike ``Director of U.S. 
     Citizenship and Immigration Services'' and insert ``Secretary 
     of Labor''.

       On page 1800, line 1, strike ``Director'' and insert 
     ``Secretary of Labor''.
                                 ______
                                 
  SA 1370. Mr. BROWN 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, line 2, insert ``and aliens with an advanced 
     degree in science, technology, engineering, or mathematics 
     from an institution of higher education in the United States 
     who are residing in the United States'' after ``workers''.
                                 ______
                                 
  SA 1371. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 1082, strike line 7 and all that follows 
     through page 1087, line 17.
                                 ______
                                 
  SA 1372. 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 1496, line 1, insert ``, in consultation with the 
     Department of Health and Human Services or U.S. Immigration 
     and Customs Enforcement,'' after ``shall''.
                                 ______
                                 
  SA 1373. 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 879, line 12, insert ``, the Director of the 
     Administrative Office of the United States Courts, the 
     Secretary of Agriculture, the Secretary of Labor,'' after 
     ``Attorney General''.
                                 ______
                                 
  SA 1374. 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 864, line 14, strike ``Secretary'' and insert 
     ``Secretary, after consultation with the Attorney General, 
     the Secretary of the Interior, the Director of the 
     Administrative Office of the United States Courts, and the 
     heads of other appropriate Federal agencies,''.

                                 ______
                                 
  SA 1375. 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 918, between lines 12 and 13, insert the following:
       (3) Eligibility requirements for state criminal alien 
     assistance program funding.--Section 241(i) (8 U.S.C. 
     1231(i)), as amended by this section, is further amended by 
     adding at the end the following:
       ``(8) A State, or a political subdivision of a State, shall 
     not be eligible to enter into a contractual arrangement under 
     paragraph (1) if the State or political subdivision--
       ``(A) has in effect any law, policy, or procedure in 
     contravention of subsection (a) or (b) of section 642 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373); or
       ``(B) prohibits State or local law enforcement officials 
     from gathering information regarding the citizenship or 
     immigration status, whether lawful or unlawful, of any 
     individual.''.
                                 ______
                                 
  SA 1376. 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 1584, strike lines 11 through 18.
                                 ______
                                 
  SA 1377. Mr. HOEVEN 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 911, beginning on line 6, strike ``, working 
     through U.S. Border Patrol,''.
                                 ______
                                 
  SA 1378. Mr. HOEVEN 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 866, line 3, before ``and successfully'' insert 
     ``through programs in existence on the date of enactment of 
     this Act or programs established thereafter''.
                                 ______
                                 
  SA 1379. Mr. GRASSLEY (for himself and Mr. Enzi) 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 1448, between lines 5 and 6, insert the following:

     SEC. 3204. LIMITATION ON CERTAIN ALIENS CLAIMING EARNED 
                   INCOME TAX CREDIT IN PRIOR YEARS.

       (a) In General.--Paragraph (1) of section 32(c) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(G) Prohibition on retroactive credit for certain 
     immigrants.--
       ``(i) In general.--In the case of an individual who is 
     granted registered provisional immigrant status under section 
     245B of the Immigration and Nationality Act, no credit shall 
     be allowed under this section for any taxable year prior to 
     the year such individual was granted such status unless such 
     individual --

       ``(I) was an eligible individual for such prior taxable 
     year, and
       ``(II) was authorized to engage in employment in the United 
     States for such prior taxable year.

       ``(ii) Married individuals.--In the case of an eligible 
     individual who is married (within the meaning of section 
     7703) to an individual who is granted registered provisional 
     immigrant status or registered provisional immigrant 
     dependent status under section 245B of the Immigration and 
     Nationality Act, no credit shall be allowed under this 
     section for any taxable year--

       ``(I) in which such individual was married (within the 
     meaning of section 7703) to the eligible individual, and

[[Page S4689]]

       ``(II) which is prior to the year the spouse of such 
     individual was granted such status,

     unless such spouse was authorized to engage in employment in 
     the United States for such prior taxable year.''.
       (b) Qualifying Children.--Subparagraph (D) of section 
     32(c)(3) of such Code is amended by redesignating clause (ii) 
     as clause (iii) and by inserting after clause (i) the 
     following new clause:
       ``(ii) Prior years.--In the case of an individual who is 
     granted registered provisional immigrant status or registered 
     provisional immigrant dependent status under section 245B of 
     the Immigration and Nationality Act, such individual shall 
     not be taken into account as a qualifying child under 
     subsection (b) for any taxable year prior the year such 
     individual was granted such status unless such individual was 
     authorized to engage in employment in the United States for 
     such prior taxable year.''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2013.
                                 ______
                                 
  SA 1380. Mr. JOHNSON of Wisconsin (for himself and Mr. Coburn) 
submitted an amendment intended to be proposed by him to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 952, strike line 22 and all that follows through 
     page 953, line 12, and insert the following:
       ``(3) Application period.--The Secretary may only accept 
     applications for registered provisional immigrant status from 
     aliens in the United States during the 1-year period 
     beginning on the date on which the final rule is published in 
     the Federal Register pursuant to paragraph (1).
                                 ______
                                 
  SA 1381. Mr. JOHNSON of Wisconsin (for himself and Mr. Coburn) 
submitted an amendment intended to be proposed by him to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1448, between lines 5 and 6, insert the following:

     SEC. 3204. DISALLOWANCE OF EARNED INCOME TAX CREDIT FOR 
                   REGISTERED PROVISIONAL IMMIGRANTS.

       (a) In General.--Subparagraph (D) of section 32(c)(1) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(D) Limitation on eligibility of certain aliens.--
       ``(i) Registered provisional immigrant status.--The term 
     `eligible individual' shall not include an individual who is 
     in registered provisional immigrant status under section 245B 
     of the Immigration and Nationality Act during any portion of 
     the taxable year.
       ``(ii) Nonresident aliens.--The term `eligible individual' 
     shall not include any individual who is a nonresident alien 
     individual for any portion of the taxable year unless such 
     individual is treated for such taxable year as a resident of 
     the United States for purposes of this chapter by reason of 
     an election under subsection (g) or (h) of section 6013.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2013.
                                 ______
                                 
  SA 1382. Ms. LANDRIEU (for herself and Mr. Carper) 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 905, line 10, strike ``(d)'' and insert the 
     following:
       (d) Donations for Land Ports of Entry Facilities.--
       (1) Donations permitted.--Notwithstanding any other 
     provision of law, including chapter 33 of title 40, United 
     States Code, the Secretary, for purposes of constructing, 
     altering, operating, or maintaining a new or existing land 
     port of entry facility, may accept donations of real and 
     personal property (including monetary donations) and 
     nonpersonal services from private parties and State and local 
     government entities.
       (2) Allowable uses of donations.--The Secretary, with 
     respect to any donation provided pursuant to paragraph (1), 
     may--
       (A) use such property or services for necessary activities 
     related to the construction, alteration, operation, or 
     maintenance of a new or existing land port of entry facility 
     under the custody and control of the Secretary, including 
     expenses related to--
       (i) land acquisition, design, construction, repair and 
     alteration;
       (ii) furniture, fixtures, and equipment;
       (iii) the deployment of technology and equipment; and
       (iv) operations and maintenance; or
       (B) transfer such property or services to the Administrator 
     of General Services for necessary activities described in 
     paragraph (1) related to a new or existing land port of entry 
     facility under the custody and control of the Administrator.
       (3) Evaluation procedures.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary, in 
     consultation with the Administrator, shall establish 
     procedures for evaluating a proposal submitted by any person 
     described in paragraph (1) to make a donation of real or 
     personal property (including monetary donations) or 
     nonpersonal services to facilitate the construction, 
     alteration, operation, or maintenance of a new or existing 
     land port of entry facility under the custody and control of 
     the Secretary.
       (4) Considerations.--In determining whether or not to 
     approve a proposal described in paragraph (3), the Secretary 
     or the Administrator shall consider--
       (A) the impact of the proposal on reducing wait times at 
     that port of entry and other ports of entry on the same 
     border;
       (B) the potential of the proposal to increase trade and 
     travel efficiency through added capacity;
       (C) the potential of the proposal to enhance the security 
     of the port of entry; and
       (D) other factors that the Secretary determines to be 
     relevant.
       (5) Consultation.--
       (A) Locations for new ports of entry.--The Secretary is 
     encouraged to consult with the Secretary of the Interior, the 
     Secretary of Agriculture, the Secretary of State, the 
     International Boundary and Water Commission, and appropriate 
     representatives of States, local governments, Indian tribes, 
     and property owners--
       (i) to determine locations for new ports of entry; and
       (ii) to minimize the adverse impacts from such ports on the 
     environment, historic and cultural resources, commerce, and 
     the quality of life for the communities and residents located 
     near such ports.
       (B) Savings provision.--Nothing in this paragraph may be 
     construed--
       (i) to create any right or liability of the parties 
     described in subparagraph (A); and
       (ii) to affect any consultation requirement under any other 
     law.
       (6) Supplemental funding.--Property (including monetary 
     donations) and services provided pursuant to paragraph (1) 
     may be used in addition to any other funding (including 
     appropriated funds), property, or services made available for 
     the same purpose.
       (7) Unconditional donations.--A donation provided pursuant 
     to paragraph (1) shall be made unconditionally, although the 
     donor may specify--
       (A) the land port of entry facility or facilities to be 
     benefitted from such donation; and
       (B) the timeframe during which the donated property or 
     services shall be used.
       (8) Return of donations.--If the Secretary or the 
     Administrator does not use the property or services donated 
     pursuant to paragraph (1) for the specific land port of entry 
     facility or facilities designated by the donor or within the 
     timeframe specified by the donor, such donated property or 
     services shall be returned to the entity that made the 
     donation. No interest shall be owed to the donor with respect 
     to any donation of funding provided under paragraph (1) that 
     is returned pursuant to this paragraph.
       (9) Report.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary, in consultation with the Administrator, shall 
     submit a report to the congressional committees listed in 
     subparagraph (B) that describes--
       (i) the accepted donations received under this subsection;
       (ii) the ports of entry that received such donations; and
       (iii) how each donation helped facilitate the construction, 
     alteration, operation, or maintenance of a new or existing 
     land port of entry.
       (B) Congressional committees.--The congressional committees 
     listed in this subparagraph are--
       (i) the Committee on Appropriations of the Senate;
       (ii) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (iii) the Committee on Finance of the Senate;
       (iv) the Committee on Appropriations of the House of 
     Representatives;
       (v) the Committee on Homeland Security of the House of 
     Representatives; and
       (vi) the Committee on Ways and Means of the House of 
     Representatives.
       (10) Savings provision.--Nothing in this subsection may be 
     construed to affect or alter the existing authority of the 
     Secretary or the Administrator of General Services to 
     construct, alter, operate, and maintain land port of entry 
     facilities.
       (e)
                                 ______
                                 
  SA 1383. Ms. LANDRIEU (for herself and Mr. Carper) 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:

       At the end of section 4806, add the following:
       (j) Reports.--
       (1) Requirement for reports.--Not later than 90 days after 
     the date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary shall submit to the Committee on 
     the Judiciary and the Committee on Appropriations of the 
     Senate and the Committee on the Judiciary and the Committee 
     on Appropriations of the House of Representatives a report on 
     the EB-5 program carried out pursuant to section 203(b)(5) of 
     the Immigration and Nationality (8 U.S.C. 1153(b)(5)), as 
     amended by this section.

[[Page S4690]]

       (2) Content.--Each report required by paragraph (1) shall 
     include the following:
       (A) The number of applications pending for an immigrant 
     visa described in section 203(b)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)(5)) disaggregated by State.
       (B) The period of time each such application has been 
     pending.
       (C) The average length of time required to conduct an 
     economic evaluation of a project and suitability of a 
     petitioner for such a visa and the Secretary's goals for 
     these timeframes.
       (D) A description of any additional resources necessary to 
     efficiently administer the EB-5 program carried out pursuant 
     to such section 203(b)(5).
       (E) The number of applications that have been approved or 
     denied for such a visa in the most recent reporting period 
     with an accompanying explanation of reasons for such approval 
     or denial disaggregated by State.
       (F) The number of jobs created by such EB-5 program in each 
     180-day period, disaggregated by State.
       (G) The types of projects proposed and the number of aliens 
     granted such a visa in each 180-day period, disaggregated by 
     State and by North American Industry Classification System 
     (NAICS) code.
                                 ______
                                 
  SA 1384. Mr. SCHUMER 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 title I, add the following:

     SEC. 1122. INTERNATIONAL COOPERATION WITH RESPECT TO BORDER 
                   SECURITY AND TRADE FACILITATION.

       (a) Authority to Enter Into Customs Partnerships With 
     Foreign Governments.--Section 629(g) of the Tariff Act of 
     1930 (19 U.S.C. 1629(g)) is amended to read as follows:
       ``(g) Privileges and Immunities.--
       ``(1) In general.--Except as provided in subparagraph (B), 
     any person designated to perform the duties of an officer of 
     the Customs Service pursuant to section 401(i) shall be 
     entitled to the same privileges and immunities as an officer 
     of the Customs Service with respect to any actions taken by 
     the person in the performance of those duties.
       ``(2) Foreign law enforcement officers.--A law enforcement 
     officer of a foreign government designated to perform the 
     duties of an officer of the Customs Service pursuant to 
     section 401(i) shall be entitled to such of the privileges 
     and immunities described in paragraph (1) as are afforded to 
     the officer pursuant to the law of the United States or an 
     agreement between the United States and the foreign 
     government authorized under paragraph (3).
       ``(3) Authorization of agreements with foreign 
     governments.--The Secretary of State, in coordination with 
     the Secretary of Homeland Security, may enter into an 
     agreement with the government of a foreign country to extend 
     to law enforcement officers of that government that are 
     designated to perform the duties of an officer of the Customs 
     Service under section 401(i) such of the privileges and 
     immunities described in paragraph (1) as are necessary for 
     those law enforcement officers to carry out those duties.''.
       (b) Authority of Foreign Customs Officers With Respect to 
     Preclearance Activities in the United States.--Section 629(e) 
     of the Tariff Act of 1930 (19 U.S.C. 1629(e)) is amended by 
     adding at the end the following: ``Notwithstanding any other 
     provision of Federal, State, or local law, a foreign customs 
     officer stationed at a facility in the United States under 
     this subsection may possess, use, and transport to and from 
     the facility inspectional aids, personal protective 
     equipment, and such other items as are necessary to carry out 
     the officer's official duties to the same extent as a United 
     States official acting in the official's official capacity in 
     the United States.''.
       (c) Stationing of Foreign Law Enforcement Officers in the 
     United States.--
       (1) In general.--Subtitle H of the Homeland Security Act of 
     2002 (6 U.S.C. 451 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 890A. STATIONING OF FOREIGN LAW ENFORCEMENT OFFICERS 
                   AND ASSOCIATED PERSONNEL.

       ``(a) In General.--The Secretary or the Attorney General 
     may authorize the stationing of law enforcement officers and 
     associated personnel of a foreign government in the United 
     States for the purpose of enhancing law enforcement 
     cooperation and operations with the foreign government.
       ``(b) Extension of Privileges and Immunities.--The 
     Secretary of State, in coordination with the Secretary or the 
     Attorney General, or both, may extend privileges and 
     immunities, as negotiated pursuant to an international 
     agreement or treaty with a particular foreign government, to 
     law enforcement officers and associated personnel of the 
     foreign government stationed in the United States in 
     accordance with subsection (a) as may be necessary for those 
     law enforcement officers and associated personnel to carry 
     out the functions authorized under subsection (a).''.
       (2) Technical and conforming amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 890 the following:

``Sec. 890A. Stationing of foreign law enforcement officers and 
              associated personnel.''.
       (d) Federal Jurisdiction Over Personnel Working as Part of 
     Border Security Initiatives.--
       (1) In general.--Chapter 93 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1925. Offenses committed by personnel working in 
       furtherance of border security initiatives outside the 
       United States

       ``(a) Offense.--It shall be unlawful for any individual who 
     is employed by the Department of Homeland Security or the 
     Department of Justice and stationed or deployed in a foreign 
     country in furtherance of a border security initiative 
     pursuant to a treaty, agreement, or other arrangement to 
     engage in conduct that would constitute an offense under 
     Federal law if the conduct had been engaged in within the 
     United States or within the special maritime and territorial 
     jurisdiction of the United States.
       ``(b) Penalty.--Any individual who violates subsection (a) 
     shall be punished as provided for that offense.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 93 of title 18, United States Code, is 
     amended by adding at the end the following:

``1925. Offenses committee by personnel working in furtherance of 
              border security initiatives outside the United States.''.
                                 ______
                                 
  SA 1385. Mr. SCHUMER 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 1147, strike lines 16 through 19, and insert the 
     following:
       ``(1) Fiscal years 2015 through 2017.--During each of the 
     fiscal years 2015 through 2017, the worldwide level

       Beginning on page 1147, line 24, strike ``Beginning with 
     the fifth fiscal year beginning after the date of the 
     enactment of the Border Security, Economic Opportunity, and 
     Immigration Modernization Act,'' and insert ``During fiscal 
     year 2018 and each subsequent fiscal year,''

       On page 1154, strike line 21, and insert the following:
       ``(6) Application procedures.--
       ``(A) Submission.--During the 30-day period beginning on 
     the first October 1 occurring at least 3 years after the date 
     of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act, and during 
     each 30-day period beginning on October 1 in subsequent 
     years, eligible aliens may submit, to U.S. Citizenship and 
     Immigration Services, an application for a merit-based 
     immigrant visa that contains such information as the 
     Secretary may reasonably require.
       ``(B) Adjudication.--Before the last day of each fiscal 
     year in which applications are filed pursuant to subparagraph 
     (A), the Director, U.S. Citizenship and Immigration Services, 
     shall--
       ``(i) review the applications to determine which aliens 
     will be granted a merit-based immigrant visa in the following 
     fiscal year in accordance with this subsection; and
       ``(ii) in coordination with the Secretary of State, provide 
     such visas to all successful applicants.
       ``(C) Fee.--An alien who is allocated a visa
       On page 1160, strike lines 11 through 13 and insert the 
     following:
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2014.
       On page 1164, line 23, strike ``(f)'' and insert the 
     following:
       (f) Applicability of Certain Grounds of Inadmissibility.--
     In determining an alien's inadmissibility under this section, 
     section 212(a)(9)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(9)(B)) shall not apply.
       (g)
       On page 1206, line 8, strike ``203(b)(2)(B).'' and insert 
     ``203(b)(2)(B) or 201(b)(1)(N).''.
       On page 1630, strike lines 3 through 5, and insert the 
     following:
       ``(C) An allocation adjustment under clause (i), (ii), 
     (iii), or (iv) of subparagraph (B)--
       ``(i) may not increase the total number of nonimmigrant 
     visas available for any fiscal year under section 
     101(a)(15)(H)(i)(b) above 180,000; and
       ``(ii) may not take place to make additional nonimmigrant 
     visas available for any fiscal year in which
       On page 1677, line 13, insert ``, other than a public 
     institution of higher education,'' after ``entity''.
       On page 1680, line 25, insert ``(other than nonprofit 
     education and research institutions)'' after ``employer''.
       On page 1681, line 25, strike ``employer who'' and insert 
     ``employer (other than nonprofit education and research 
     institutions) that''.
       On page 1735, strike lines 4 through 8 and insert the 
     following:
       (2) by amending subparagraph (B) to read as follows:
       ``(B) The applicable numerical limitation referred to in 
     subparagraph (A) for each fiscal year is--
       ``(i) 10,500 for each of the nationalities identified in 
     clause (iii) of section 101(a)(15)(E); and

[[Page S4691]]

       ``(ii) 10,500 for all aliens described in clause (vi) of 
     such section.''.
       Beginning on page 1791, strike line 24 and all that follows 
     through page 1792, line 4, and insert the following:
       ``(2) Prohibition on direct payments from a united states 
     source.--During a period of admission pursuant to paragraph 
     (1), an alien may not receive direct payments from a United 
     States source, except for incidental expenses for meals, 
     travel, lodging, and other basic services.''.
                                 ______
                                 
  SA 1386. Mrs. HAGAN (for herself, Mr. Coons, and Mr. Leahy) 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 942, between lines 17 and 18, insert the following:

     SEC. 1122. BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM.

       (a) Short Title.--This section may be cited as the 
     ``Bulletproof Vest Partnership Grant Program Reauthorization 
     Act of 2013''.
       (b) Reauthorization.--Section 1001(a)(23) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(a)(23)) is amended by striking ``2012'' and inserting 
     ``2018''.
       (c) Sense of Congress on 5-Year Limitation on Funds.--It is 
     the sense of Congress that amounts made available to carry 
     out part Y of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796ll et seq.) should be made 
     available through the end of the 4th fiscal year following 
     the fiscal year for which amounts are awarded and should not 
     be made available until expended.
       (d) Uniquely Fitted Armor Vests.--Section 2501(c) of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3796ll(c)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3) by striking ``; or'' and inserting ``; 
     and'';
       (3) by redesignating paragraph (4) as paragraph (5); and
       (4) by inserting after paragraph (3) the following:
       ``(4) provides armor vests to law enforcement officers that 
     are uniquely fitted for such officers, including armor vests 
     uniquely fitted to individual female law enforcement 
     officers; or''.

     SEC. 1123. BORDER CRIME PREVENTION PROGRAM.

       (a) Grants Authorized.--The Secretary shall establish a 
     Border Crime Prevention Program to assist units of local 
     governments and tribal governments--
       (1) to better prevent crime and promote public safety and 
     criminal justice in border areas; and
       (2) to enhance coordination between Federal and local law 
     enforcement agencies.
       (b) Application.--Each eligible entity may apply for a 
     grant under this section by submitting an application 
     containing such information as the Secretary may reasonably 
     require.
       (c) Eligibility.--For purposes of this section, an 
     ``eligible entity'' includes--
       (1) any State or unit of local government in the United 
     States, including cities, towns, and counties, that--
       (A) touches the Southern border or the Northern border; or
       (B) is located within 100 miles of the Southern border or 
     the Northern border; and
       (2) tribal governments in the United States that own land 
     that is located within 100 miles of the Southern border or 
     the Northern border.
       (d) Direct Funding.--Each grant awarded under this section 
     shall be provided directly to the eligible entity that 
     applied for such grant.
       (e) Uses of Grant Funds.--
       (1) In general.--Except as provided in paragraph (2), grant 
     funds under this section may be expended--
       (A) to hire and train additional career law enforcement 
     officers for deployment to the border;
       (B) to procure equipment, technology, or support systems;
       (C) to pay for overtime, mileage reimbursements, fuel, and 
     similar costs;
       (D) to provide specialized training to law enforcement 
     officers;
       (E) to build or sustain law enforcement facilities or 
     equipment;
       (F) to provide for first responders and emergency response 
     services;
       (G) to provide support for local prosecutors and probation 
     officers; and
       (H) for any other purpose authorized by the Secretary.
       (2) Limitation.--Grants awarded under this section may not 
     be used to enforce Federal immigration laws.
       (3) Federal share.--The Federal share of the cost of any 
     activity described in paragraph (1) for which grant funds are 
     expended under this section--
       (A) shall be 100 percent; and
       (B) may be used to cover indirect costs.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated, from the Comprehensive Immigration Trust 
     Fund established under section 6(a)(1), $50,000,000 for each 
     of the fiscal years 2014 through 2018 to carry out this 
     section.
                                 ______
                                 
  SA 1387. Mrs. HAGAN 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 1544, line 19, insert after ``the alien'' the 
     following: ``has shown, by clear and convincing evidence, 
     that the alien''.

                                 ______
                                 
  SA 1388. Mrs. HAGAN (for herself, Mr. Heller, and Mr. Donnelly) 
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 1920, after line 13, insert the following:

                         TITLE V--AMERICA WORKS

     SEC. 5001. SHORT TITLE.

       This title may be cited as the ``American Manufacturing 
     Efficiency and Retraining Investment Collaboration 
     Achievement Works Act'' or ``AMERICA Works Act''.

     SEC. 5002. FINDINGS.

       Congress finds the following:
       (1) Recent data show that United States manufacturing 
     companies cannot fill as many as 600,000 skilled positions, 
     even as unemployment numbers hover at historically high 
     levels.
       (2) The unfilled positions are mainly in the skilled 
     production category, and in occupations such as machinist, 
     operator, craft worker, distributor, or technician.
       (3) in less than 20 years, an overall loss of expertise and 
     management skill is expected to result from the gradual 
     departure from the workplace of 77,200,000 workers.
       (4) Postsecondary success and workforce readiness can be 
     achieved through attainment of a recognized postsecondary 
     credential.
       (5) According to the January 2011 Computing Technology 
     Industry Association report entitled ``Employer Perceptions 
     of Information Technology Training and Certification'', 64 
     percent of hiring information technology managers rate 
     information technology certifications as having extremely 
     high or high value in validating information technology 
     skills and expertise. The value of those certifications is 
     rated highest among senior information technology managers, 
     such as Chief Information Officers, and managers of medium-
     size firms.

     SEC. 5003. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE 
                   CREDENTIALS FOR JOB TRAINING PROGRAMS.

       (a) Workforce Investment Act of 1998.--
       (1) Youth activities.--Section 129(c)(1)(C) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is 
     amended--
       (A) by redesignating clauses (ii) through (iv) as clauses 
     (iii) through (v), respectively; and
       (B) inserting after clause (i) the following:
       ``(ii) training (which may include priority consideration 
     for training programs that lead to recognized postsecondary 
     credentials (as defined in section 5004 of the AMERICA Works 
     Act) that are aligned with in-demand occupations or 
     industries in the local area involved, if the local board 
     determines that the programs meet the quality criteria 
     described in section 123);''.
       (2) General employment and training activities.--Section 
     134(d)(4)(F) of the Workforce Investment Act of 1998 (29 
     U.S.C. 2864(d)(4)(F)) is amended by adding at the end the 
     following:
       ``(iv) Programs that lead to an industry-recognized and 
     nationally portable credential.--In assisting individuals in 
     selecting programs of training services under this section, a 
     one-stop operator and employees of a one-stop center referred 
     to in subsection (c) may give priority consideration to 
     programs (approved in conjunction with eligibility decisions 
     made under section 122) that lead to recognized postsecondary 
     credentials (as defined in section 5004 of the AMERICA Works 
     Act) that are aligned with in-demand occupations or 
     industries in the local area involved.''.
       (3) Criteria.--
       (A) General employment and training activities.--Section 
     122(b)(2)(D) of the Workforce Investment Act of 1998 (29 
     U.S.C. 2842(b)(2)(D)) is amended--
       (i) in clause (ii), by striking ``and'' at the end;
       (ii) in clause (iii), by striking the period and inserting 
     ``; and''; and
       (iii) by adding at the end the following:
       ``(iv) in the case of a provider of a program of training 
     services that leads to a recognized postsecondary credential 
     (as defined in section 5004 of the AMERICA Works Act), that 
     the program leading to the credential meets such quality 
     criteria as the Governor shall establish.''.
       (B) Youth activities.--Section 123 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2843) by inserting 
     ``(including such quality criteria as the Governor shall 
     establish for a training program that leads to a recognized 
     postsecondary credential (as defined in section 5004 of the 
     AMERICA Works Act))'' after ``plan''.
       (b) Career and Technical Education.--
       (1) State plan.--Section 122(c)(1)(B) of the Carl D. 
     Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
     2342(c)(1)(B)) is amended--
       (A) by striking ``(B) how'' and inserting ``(B)(i) how'';
       (B) by inserting ``and'' after the semicolon; and

[[Page S4692]]

       (C) by adding at the end the following
       ``(ii) in the case of an eligible entity that, in 
     developing and implementing programs of study leading to 
     recognized postsecondary credentials, desires to give a 
     priority to such programs that are aligned with in-demand 
     occupations or industries in the area served (as determined 
     by the eligible agency) and that may provide a basis for 
     additional credentials, certificates, or degree, how the 
     entity will do so;''.
       (2) Use of local funds.--Section 134(b) of the Carl D. 
     Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
     2354(b)) is amended--
       (A) in paragraph (11), by striking ``; and'' and inserting 
     a semicolon;
       (B) in paragraph (12)(B), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(13) describe the career and technical education 
     activities supporting the attainment of recognized 
     postsecondary credentials (as defined in section 5004 of the 
     AMERICA Works Act), and, in the case of an eligible recipient 
     that desires to provide priority consideration to certain 
     programs of study in accordance with the State plan under 
     section 122(c)(1)(B), how the eligible recipient will give 
     priority consideration to such activities.''.
       (3) Tech-prep programs.--Section 203(c)(2)(E) of the Carl 
     D. Perkins Career and Technical Education Act of 2006 (20 
     U.S.C. 2373(c)(2)(E)) is amended by striking ``industry-
     recognized credential, a certificate,'' and inserting 
     ``recognized postsecondary credential (as defined in section 
     5004 of the AMERICA Works Act and approved by the eligible 
     agency),''.
       (c) Training Programs Under TAA.--Section 236(a) of the 
     Trade Act of 1974 (19 U.S.C. 2296(a)) is amended by adding at 
     the end the following:
       ``(12) In approving training programs for adversely 
     affected workers and adversely affected incumbent workers 
     under paragraph (1), the Secretary may give priority 
     consideration to workers seeking training through programs 
     that are approved in conjunction with eligibility decisions 
     made under section 122 of the Workforce Investment Act of 
     1998 (29 U.S.C. 2842), and that lead to recognized 
     postsecondary credentials (as defined in section 5004 of the 
     AMERICA Works Act) that are aligned with in-demand 
     occupations or industries in the local area (defined for 
     purposes of title I of the Workforce Investment Act of 1998 
     (29 U.S.C. 2801 et seq.)) involved.''.

     SEC. 5004. DEFINITIONS.

       In this title:
       (1) Industry-recognized.--The term ``industry-recognized'', 
     used with respect to a credential, means a credential that--
       (A) is sought or accepted by employers within the industry 
     sector involved as recognized, preferred, or required for 
     recruitment, screening, hiring, or advancement;
       (B) is endorsed by a recognized trade or professional 
     association or organization, representing a significant part 
     of the industry sector; and
       (C) is a nationally portable credential, meaning a 
     credential that is sought or accepted, across multiple 
     States, as described in subparagraph (A).
       (2) Recognized postsecondary credential.--The term 
     ``recognized postsecondary credential'' means a credential 
     consisting of an industry-recognized credential for 
     postsecondary training, a certificate that meets the 
     requirements of subparagraphs (A) and (C) of paragraph (1) 
     for postsecondary training, a certificate of completion of a 
     postsecondary apprenticeship through a program described in 
     section 122(a)(2)(B) of the Workforce Investment Act of 1998 
     (29 U.S.C. 2842(a)(2)(B)), or an associate degree or 
     baccalaureate degree awarded by an institution of higher 
     education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)).

     SEC. 5005. EFFECTIVE DATE.

       This title, and the amendments made by this title, take 
     effect 120 days after the date of enactment of this Act.
                                 ______
                                 
  SA 1389. Mr. PORTMAN 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 1234, between lines 16 and 17, insert the 
     following:
       (d) No Discretion for Crimes Involving Moral Turpitude That 
     Are Certain Crimes Against Children.--
       (1) Immigration judges.--Subparagraph (D)(ii) of section 
     240(c)(4) (8 U.S.C. 1229a(c)(4)), as added by subsection (a) 
     of this section, is amended--
       (A) in subclause (I), by striking ``or'' at the end;
       (B) by redesignating subclause (II) as subclause (III); and
       (C) by inserting after subclause (I) the following:

       ``(II) been convicted of a crime involving moral turpitude 
     that is a crime of child abuse, child neglect, contributing 
     to the delinquency of a minor through sexual acts, or child 
     abandonment; or''.

       (2) Secretary.--Subsection (w)(2) of section 212 (8 U.S.C. 
     1182), as added by subsection (b) of this section, is 
     amended--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) been convicted of a crime involving moral turpitude 
     that is a crime of child abuse, child neglect, contributing 
     to the delinquency of a minor through sexual acts, or child 
     abandonment; or''.
                                 ______
                                 
  SA 1390. Mr. PORTMAN 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 ``the alien 
     served at least 1 year imprisonment'' and insert ``a sentence 
     of 1 year imprisonment or more may be imposed''.

                                 ______
                                 
  SA 1391. Ms. COLLINS 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:

       Strike section 3409 and insert the following:

     SEC. 3409. LAW ENFORCEMENT AND NATIONAL SECURITY CHECKS.

       (a) Refugees.--Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is 
     amended by adding at the end the following: ``No alien shall 
     be admitted as a refugee until the identity of the applicant, 
     including biographic and biometric data, has been checked 
     against all appropriate records or databases maintained by 
     the Secretary of Homeland Security, the Attorney General, the 
     Secretary of State, the National Counterterrorism Center, and 
     other Federal records or databases that the Secretary of 
     Homeland Security considers necessary, to determine any 
     national security, law enforcement, or other grounds on which 
     the alien may be inadmissible to the United States or 
     ineligible to apply for or be granted refugee status.''.
       (b) Asylees.--Section 208(d)(5)(A) (8 U.S.C. 1158(d)(5)(A)) 
     is amended--
       (1) by amending clause (i) to read as follows:
       ``(i) asylum shall not be granted--

       ``(I) until the identity of the applicant, using biographic 
     and biometric data, has been checked against all appropriate 
     records or databases maintained by the Secretary of Homeland 
     Security, the Attorney General, the Secretary of State, the 
     National Counterterrorism Center, and other Federal records 
     or databases that the Secretary of Homeland Security 
     considers necessary, to determine any national security, law 
     enforcement, or other grounds on which the alien may be 
     inadmissible to the United States or ineligible to apply for 
     or be granted asylum; and
       ``(II) any information related to the applicant in such a 
     record or database supports the applicant's eligibility for 
     asylum;'';

       (2) in clause (iv), by striking ``and'' at the end;
       (3) in clause (v), by striking the period at the end and 
     inserting a semicolon and ``and''; and
       (4) by adding at the end the following:
       ``(vi) asylum shall not be granted unless, notwithstanding 
     any derogatory information, the applicant has met the burden 
     of proof contained in subsection (b)(1)(B).''.
                                 ______
                                 
  SA 1392. Ms. COLLINS (for herself and Mr. King) 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 1079, line 18, strike the period at the end and 
     insert ``and includes logging employment, as described in 
     section 655.103(c) of title 20, Code of Federal Regulations, 
     as in effect on the date of the enactment of the Border 
     Security, Economic Opportunity, and Immigration Modernization 
     Act.''.
                                 ______
                                 
  SA 1393. Ms. COLLINS 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 1471, between lines 2 and 3, insert the following:
       (b) Adjudication.--Section 208(d)(6) (8 U.S.C. 1158(d)(6)) 
     is amended to read as follows:
       ``(6) Frivolous applications.--
       ``(A) Knowingly frivolous applications.--If the Attorney 
     General determines that an alien has knowingly made a 
     frivolous application for asylum and the alien has received 
     the notice under paragraph (4)(A), the alien may, at the 
     discretion of the Attorney General, be permanently ineligible 
     for any benefits under this Act, effective as of the date of 
     a final determination on such application.
       ``(B) Determinations by asylum officers.--
       ``(i) In general.--If an asylum officer, as defined in 
     section 235(b)(1)(E), determines that an alien has made a 
     frivolous application for asylum, the asylum officer may 
     dismiss the application.
       ``(ii) Reconsideration.--The Board of Immigration Appeals 
     or an immigration judge may review and reverse the 
     determination of an asylum officer under clause (i) if the 
     Board or judge determines that the asylum claim involved is 
     plausible.''.

[[Page S4693]]

       (c) Information.--Section 208 (8 U.S.C. 1158) is amended by 
     adding at the end the following:
       ``(f) Information.--With respect to an application for 
     asylum that comes before an immigration judge or asylum 
     officer (as defined in section 235(b)(1)(E)), the judge or 
     officer involved shall obtain detailed country conditions 
     information relevant to eligibility for asylum or the 
     withholding of removal from the Department of State. Such 
     information shall include--
       ``(1) an assessment of the accuracy of the applicant's 
     assertions about conditions in his or her country of 
     nationality or habitual residence and his or her particular 
     situation;
       ``(2) information about whether individuals who are 
     similarly situated to the applicant are persecuted or 
     tortured in his or her country of nationality or habitual 
     residence and the frequency of such persecution or torture; 
     and
       ``(3) other information determined by the judge or officer 
     to be relevant to prevent fraud.''.
       (d) Increase in Staffing.--The Secretary of Homeland 
     Security shall provide for an increase in the staff of the 
     U.S. Citizenship and Immigration Services and the Fraud 
     Detection and National Security Directorate at Asylum Offices 
     to oversee, detect, and increase the anti-fraud operations 
     and prosecutions relating to fraudulent asylum activities.
       (e) Funding.--The Secretary of Homeland Security shall use 
     amounts derived through fees provided for in this Act (or an 
     amendment made by this Act) to carry out subsections (b) 
     through (d) (and the amendments made by such subsections)).
                                 ______
                                 
  SA 1394. Mrs. FISCHER 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:

       Strike section 2 and all that follows through the end of 
     title I inserting the following:

     SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS.

       Congress makes the following findings:
       (1) Every sovereign nation has an unconditional right and 
     duty to secure its territory and people, which right depends 
     on control of its international borders. The sovereign people 
     and several states of the United States have delegated these 
     sovereign functions to the Federal Government (United States 
     Constitution, article I, section 8, clause 4). The liberty 
     and prosperity of the people depends on the execution of this 
     duty.
       (2) The passage of this Act recognizes that the Federal 
     Government must secure the sovereignty of the United States 
     of America and establish a coherent and just system for those 
     who seek to join American society to assimilate.
       (3) The United States has failed to control its borders. 
     The porousness of the Southern border has contributed to the 
     proliferation of the narcotics trade and its attendant 
     violent crime. The trafficking and smuggling of persons 
     across the border is an ongoing human rights scandal.
       (4) We have always welcomed immigrants to the United States 
     and will continue to do so, but in order to qualify for the 
     honor and privilege of eventual citizenship, our laws must be 
     followed. The world depends on America to be strong 
     economically, militarily, and ethically. The establishment of 
     a stable, just, and efficient immigration system only 
     supports those goals. As a Nation, we have the right and 
     responsibility to make our borders safe, to establish clear 
     and just rules for seeking citizenship, to control the flow 
     of legal immigration, and to eliminate illegal immigration, 
     which has become a threat to our national security.
       (5) Throughout our long history, many lawful immigrants 
     have assimilated into American society and contributed to our 
     strength and prosperity. Our immigration policy strives to 
     welcome those who share the values of the United States 
     Constitution and seek to contribute to our nation's 
     greatness. But no person has a right to enter the United 
     States unless by its express permission and in accordance 
     with the procedures established by law.
       (6) This Act is premised on the right and need of the 
     United States to achieve these goals, and to protect its 
     borders and maintain its sovereignty.

     SEC. 3. EFFECTIVE DATE TRIGGERS.

       (a) Definitions.--In this section and sections 4 through 8 
     of this Act:
       (1) Commission.--The term ``Commission'' means the Southern 
     Border Security Commission established pursuant to section 4.
       (2) Comprehensive southern border security strategy.--The 
     term ``Comprehensive Southern Border Security Strategy'' 
     means the strategy established by the Secretary pursuant to 
     section 5(a) to achieve and maintain operational control and 
     full situational awareness of the Southern border.
       (3) Consequence delivery system.--The term ``Consequence 
     Delivery System'' means the series of consequences applied to 
     persons illegally entering the United States by U.S. Border 
     Patrol to prevent illegal border crossing recidivism.
       (4) Effectiveness rate.--The term ``effectiveness rate'' 
     means a metric, informed by situational awareness, that 
     measures the percentage calculated by dividing--
       (A) the number of illegal border crossers who are 
     apprehended or turned back during a fiscal year (excluding 
     those who are believed to have turned back for the purpose of 
     engaging in criminal activity), by
       (B) the total number of illegal entries in the sector 
     during such fiscal year.
       (5) Full situational awareness.--The term ``full 
     situational awareness'' means situational awareness of the 
     entire Southern border, including the functioning and 
     operational capability to conduct continuous and integrated 
     manned or unmanned, monitoring, sensing, or surveillance of 
     100 percent of Southern border mileage or the immediate 
     vicinity of the Southern border .
       (6) Major violator.--The term ``major violator'' means a 
     person or entity that has engaged in serious criminal 
     activities at any port of entry along the Southern border, 
     including possession of narcotics, smuggling of prohibited 
     products, human smuggling, human trafficking, weapons 
     possession, use of fraudulent United States documents, or 
     other offenses serious enough to result in arrest.
       (7) Northern border.--The term ``Northern border'' means 
     the international border between the United States and 
     Canada.
       (8) Operational control.--The term ``operational control'' 
     means the prevention of all unlawful entries into the United 
     States, including entries by terrorists, other unlawful 
     aliens, instruments of terrorism, narcotics, and other 
     contraband.
       (9) Southern border.--The term ``Southern border'' means 
     the international border between the United States and 
     Mexico.
       (b) Border Security Goals.--The border security goals of 
     the Department shall be--
       (1) to achieve and maintain operational control of the 
     Southern border within 5 years of the date of the enactment 
     of this Act;
       (2) to achieve and maintain full situational awareness of 
     the Southern border within 5 years of the date of the 
     enactment of this Act;
       (3) to fully implement a biometric entry and exit system at 
     all land, air, and sea ports of entry in accordance with the 
     requirements set forth in section 7208 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b) 
     within 5 years of the date of the enactment of this Act; and
       (4) to implement a mandatory employment verification system 
     required by section 274A of the Immigration and Nationality 
     Act (8 U.S.C. 1324a), as amended by section 3101 of this Act, 
     within 5 years of the date of the enactment of this Act.
       (c) Triggers.--
       (1) Processing of applications for registered provisional 
     immigrant status.--The Secretary may not commence processing 
     applications for registered provisional immigrant status 
     pursuant to section 245B of the Immigration and Nationality 
     Act, as added by section 2101 of this Act, until--
       (A) the Secretary and the Commissioner of United States 
     Customs and Border Protection jointly submit to the President 
     and Congress a written certification, including a 
     comprehensive report detailing the data, methodologies, and 
     reasoning justifying such certification, that certifies, 
     under penalty of perjury, that--
       (i) the Secretary has achieved and maintained full 
     situational awareness of the Southern border for the 12-month 
     period immediately preceding such certification;
       (ii) the Secretary has achieved and maintained operational 
     control of the Southern border for the 12-month period 
     immediately preceding such certification;
       (iii) the Secretary has implemented the mandatory 
     employment verification system required by section 274A of 
     the Immigration and Nationality Act (8 U.S.C. 1324a), as 
     amended by section 3101 of this Act, for use by all employers 
     to prevent unauthorized workers from obtaining employment in 
     the United States; and
       (iv) the Secretary has implemented an integrated biometric 
     entry and exit data system at all land, sea, and air ports of 
     entry in accordance with the requirements set forth in 
     section 7208 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1365b);
       (B) not earlier than 60 days after the submission of a 
     certification under paragraph (A), the Inspector General of 
     the Department of Homeland Security, who has been appointed 
     by the President, by and with the advice and consent of the 
     Senate, in consultation with the Comptroller General of the 
     United States, reviews the reliability of the data, 
     methodologies, and conclusions of a certification under 
     subparagraph (A) and submits to the President and Congress a 
     written certification and report attesting that each of the 
     requirements of clauses (i), (ii), (iii), and (iv) of 
     subparagraph (A) have been achieved; and
       (C) a joint resolution of approval is enacted into law 
     pursuant to paragraph (2).
       (2) Joint resolution of approval.--
       (A) In general.--Notwithstanding any other provision of 
     this Act, the Secretary may not exercise any authority to 
     grant temporary legal status to individuals who are 
     unlawfully present in the United States unless, not later 
     than 15 calendar days after the date on which Congress 
     receives written certification from the Secretary pursuant to 
     paragraph (1)(A), there is enacted into law a joint 
     resolution approving the certification of the Secretary.
       (B) Contents of joint resolution.--In this paragraph, the 
     term ``joint resolution'' means a joint resolution--

[[Page S4694]]

       (i) that is introduced not later than 3 calendar days after 
     the date on which the written certification of the Secretary 
     under paragraph (1)(A) is received by Congress;
       (ii) that does not have a preamble;
       (iii) the title of which is as follows: ``Joint resolution 
     relating to the approval of the certification of the 
     Secretary of Homeland Security obligations under the Border 
     Security, Economic Opportunity, and Immigration Modernization 
     Act''; and
       (iv) the matter after the resolving clause of which is as 
     follows: ``That Congress approves the certification of the 
     Secretary of Homeland Security that--

       ``(I) the Secretary has achieved and maintained full 
     situational awareness of the Southern border for the 12-month 
     period immediately preceding such certification;
       ``(II) the Secretary has achieved and maintained 
     operational control of the Southern border for the 12-month 
     period immediately preceding such certification;
       ``(III) the Secretary has implemented the mandatory 
     employment verification system required by section 274A of 
     the Immigration and Nationality Act (8 U.S.C. 1324a) for use 
     by all employers to prevent unauthorized workers from 
     obtaining employment in the United States; and
       ``(IV) the Secretary has implemented an integrated 
     biometric entry and exit data system at all land, sea, and 
     air ports of entry in accordance with the requirements set 
     forth in section 7208 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (8 U.S.C. 1365b).''.

       (3) Fast track consideration in house of representatives.--
       (A) Reconvening.--Upon the receipt of a written 
     certification from the Secretary under paragraph (1)(A), the 
     Speaker, if the House would otherwise be adjourned, shall 
     notify the Members of the House that, pursuant to this 
     paragraph, the House shall convene not later than the second 
     calendar day after receipt of such certification;
       (B) Reporting and discharge.--Any committee of the House of 
     Representatives to which a joint resolution is referred shall 
     report it to the House not later than 5 calendar days after 
     the date of receipt of the certification described in 
     paragraph (1)(A). If a committee fails to report the joint 
     resolution within that period, the committee shall be 
     discharged from further consideration of the joint resolution 
     and the joint resolution shall be referred to the appropriate 
     calendar.
       (C) Proceeding to consideration.--After each committee 
     authorized to consider a joint resolution reports it to the 
     House or has been discharged from its consideration, it shall 
     be in order, not later than the sixth day after Congress 
     receives the certification described in paragraph (1)(A), to 
     move to proceed to consider the joint resolution in the 
     House. All points of order against the motion are waived. 
     Such a motion shall not be in order after the House has 
     disposed of a motion to proceed on the joint resolution. The 
     previous question shall be considered as ordered on the 
     motion to its adoption without intervening motion. The motion 
     shall not be debatable. A motion to reconsider the vote by 
     which the motion is disposed of shall not be in order.
       (D) Consideration.--The joint resolution shall be 
     considered as read. All points of order against the joint 
     resolution and against its consideration are waived. The 
     previous question shall be considered as ordered on the joint 
     resolution to its passage without intervening motion except 2 
     hours of debate equally divided and controlled by the 
     proponent and an opponent. A motion to reconsider the vote on 
     passage of the joint resolution shall not be in order.
       (4) Fast track consideration in senate.--
       (A) Reconvening.--Upon receipt of a certification under 
     paragraph (1)(A), if the Senate has adjourned or recessed for 
     more than 2 days, the Majority Leader of the Senate, after 
     consultation with the Minority Leader of the Senate, shall 
     notify the Members of the Senate that, pursuant to this 
     paragraph, the Senate shall convene not later than the second 
     calendar day after receipt of such message.
       (B) Placement on calendar.--Upon introduction in the 
     Senate, the joint resolution shall be placed immediately on 
     the calendar.
       (C) Floor consideration.--
       (i) In general.--Notwithstanding Rule XXII of the Standing 
     Rules of the Senate, it is in order at any time during the 
     period beginning on the 4th day after the date on which 
     Congress receives a certification described in paragraph 
     (1)(A) and ending on the 6th day after the date on which 
     Congress receives such certification (even though a previous 
     motion to the same effect has been disagreed to) to move to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     to proceed is not debatable. The motion is not subject to a 
     motion to postpone. A motion to reconsider the vote by which 
     the motion is agreed to or disagreed to shall not be in 
     order. If a motion to proceed to the consideration of the 
     resolution is agreed to, the joint resolution shall remain 
     the unfinished business until disposed of.
       (ii) Debate.--Debate on the joint resolution, and on all 
     debatable motions and appeals in connection therewith, shall 
     be limited to not more than 10 hours, which shall be divided 
     equally between the Majority Leader and Minority Leaders or 
     their designees. A motion further to limit debate is in order 
     and not debatable. An amendment to, or a motion to postpone, 
     or a motion to proceed to the consideration of other 
     business, or a motion to recommit the joint resolution is not 
     in order.
       (iii) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the debate on a joint 
     resolution, and a single quorum call at the conclusion of the 
     debate if requested in accordance with the rules of the 
     Senate.
       (iv) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a joint resolution shall be decided without 
     debate.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Coordination with action by other house.--If, before 
     the passage by 1 House of a joint resolution of that House, 
     that House receives from the other House a joint resolution, 
     then the following procedures shall apply:
       (i) The joint resolution of the other House shall not be 
     referred to a committee.
       (ii) With respect to a joint resolution of the House 
     receiving the resolution--

       (I) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (II) the vote on passage shall be on the joint resolution 
     of the other House.

       (B) Treatment of joint resolution of other house.--If one 
     House fails to introduce or consider a joint resolution under 
     this section, the joint resolution of the other House shall 
     be entitled to expedited floor procedures under this section.
       (C) Treatment of companion measures.--If, following passage 
     of the joint resolution in the Senate, the Senate receives 
     the companion measure from the House of Representatives, the 
     companion measure shall not be debatable.
       (D) Consideration after passage.--
       (i) In general.--If Congress passes a joint resolution, the 
     period beginning on the date the President is presented with 
     the joint resolution and ending on the date the President 
     takes action with respect to the joint resolution shall be 
     disregarded in computing the 15-calendar day period described 
     in paragraph (2)(A).
       (ii) Vetoes.--If the President vetoes the joint 
     resolution--

       (I) the period beginning on the date the President vetoes 
     the joint resolution and ending on the date the Congress 
     receives the veto message with respect to the joint 
     resolution shall be disregarded in computing the 15-calendar 
     day period described in paragraph (2)(A); and
       (II) debate on a veto message in the Senate under this 
     section shall be 1 hour equally divided between the majority 
     and minority leaders or their designees.

       (E) Rules of house of representatives and senate.--This 
     paragraph and paragraphs (2), (3), and (4) are enacted by 
     Congress--
       (i) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively;
       (ii) as such it is deemed a part of the rules of each 
     House, respectively, but applicable only with respect to the 
     procedure to be followed in that House in the case of a joint 
     resolution, and it supersedes other rules only to the extent 
     that it is inconsistent with such rules; and
       (iii) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       (d) Protecting Constitutional Separation of Powers Against 
     Abuses of Discretion.--Not later than 30 days after the 
     submission of a certification by the Secretary under 
     subsection (c)(1)(A), the Comptroller General of the United 
     States shall review such certification and provide Congress 
     with a written report reviewing the reliability of such 
     certification, and expressing the conclusion of the 
     Comptroller General as to whether or not the requirements of 
     clauses (i), (ii), (iii), and (iv) of subsection (c)(1)(A) 
     have been achieved.

     SEC. 4. SOUTHERN BORDER SECURITY COMMISSION.

       (a) Establishment.--Not later than 60 days after the date 
     of the enactment of this Act, there shall be established a 
     commission to be known as the ``Southern Border Security 
     Commission'' (in this section referred to as the 
     ``Commission'').
       (b) Composition.--
       (1) In general.--The Commission shall be composed of up to 
     8 members as follows:
       (A) The Governor of the State of Arizona, or the designee 
     of the Governor.
       (B) The Governor of the State of California, or the 
     designee of the Governor.
       (C) The Governor of the State of New Mexico, or the 
     designee of the Governor.
       (D) The Governor of the State of Texas, or the designee of 
     the Governor.
       (E) One designee of the Governor of the State of Arizona 
     who is not such official or such official's designee under 
     subparagraph (A).
       (F) One designee of the Governor of the State of California 
     who is not such official or such official's designee under 
     subparagraph (B).
       (G) One designee of the Governor of the State of New Mexico 
     who is not such official or such official's designee under 
     subparagraph (C).

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       (H) One designee of the Governor of the State of Texas who 
     is not such official or such official's designee under 
     subparagraph (D).
       (2) Chair.--At the first meeting of the Commission, a 
     majority of the members of the Commission present and voting 
     shall elect the Chair of the Commission.
       (3) Rules.--The Commission shall establish the rules and 
     procedures of the Commission which shall require the approval 
     of a majority of members of the Commission.
       (4) Meetings.--Members of the Commission shall meet at the 
     times and places of their choosing.
       (5) Nature of requirements.--The tenure and terms of 
     participation as a member of the Commission of any Governor 
     or designee of a Governor under this subsection shall be 
     subject to the sole discretion of such Governor.
       (c) Consultation; Federalism Protections.--
       (1) Consultation.--The Secretary shall consult not less 
     frequently than every 90 days with members of the Commission 
     as to the substance and contents of any strategy, plan, or 
     report required by section 5 of this Act.
       (2) Federalism protections.--The Secretary may make no 
     rules, regulations, or conditions regarding the operation of 
     the Commission, or the terms of service of members of the 
     Commission.
       (d) Transition.--The Secretary shall no longer be required 
     to consult with the Commission under subsection (d)(1) on the 
     date which is the earlier of--
       (1) 30 days after the date on which a certification is made 
     by the Secretary and Comptroller General of the United States 
     under section 3(c)(2)(A) of this Act; or
       (2) 10 years after the date of the enactment of this Act.

     SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY.

       (a) Comprehensive Southern Border Security Strategy.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall submit a 
     strategy, to be known as the ``Comprehensive Southern Border 
     Security Strategy'' (in this section referred to as the 
     ``Strategy)'', for achieving and maintaining operational 
     control and full situational awareness of the Southern 
     border, to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security of the House of 
     Representatives;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on the Judiciary of the House;
       (E) the Committee on Appropriations of the Senate;
       (F) the Committee on Appropriations of the House of 
     Representatives; and
       (G) the Comptroller General of the United States.
       (2) Elements.--The Strategy shall include, at a minimum, a 
     consideration of the following:
       (A) The state of operational control and situational 
     awareness of the Southern border, including a sector-by-
     sector analysis.
       (B) An assessment of principal Southern border security 
     threats.
       (C) Efforts to analyze and disseminate Southern border 
     security and Southern border threat information between 
     Department border security components.
       (D) Efforts to increase situational awareness of the 
     Southern border in accordance with privacy, civil liberties, 
     and civil rights protections, including--
       (i) surveillance capabilities developed or utilized by the 
     Department of Defense, including any technology determined to 
     be excess by the Department of Defense; and
       (ii) use of manned aircraft and unmanned aerial systems, 
     including the camera and sensor technology deployed on such 
     assets.
       (E) A Southern border fencing strategy that identifies 
     where fencing, including double-layer fencing, 
     infrastructure, and technology should be deployed along the 
     Southern border.
       (F) A comprehensive Southern border security technology 
     plan for detection technology capabilities, including a 
     documented justification and rationale for the technologies 
     selected, deployment locations, fixed versus mobile assets, 
     and a timetable for procurement and deployment.
       (G) Technology required to both enhance security and 
     facilitate trade at Southern border ports of entry, including 
     nonintrusive detection equipment, radiation detection 
     equipment, biometric technology, and other sensors and 
     technology that the Secretary determines necessary.
       (H) Operational coordination of Department Southern border 
     security components, including efforts to ensure that a new 
     border security technology can be operationally integrated 
     with existing technologies in use by the Department.
       (I) Cooperative agreements other Federal law enforcement 
     agencies and State, local, tribal, and territorial law 
     enforcement agencies that have jurisdiction on the Southern 
     border, or in the maritime environment.
       (J) Information received from consultation with other 
     Federal law enforcement agencies and State, local, tribal, 
     and territorial law enforcement agencies that have 
     jurisdiction on the Southern border, or the maritime 
     environment, and from Southern border community stakeholders, 
     including representatives from border agricultural and 
     ranching organizations and representatives from business 
     organizations within close proximity of the Southern border.
       (K) Agreements with foreign governments that support the 
     border security efforts of the United States.
       (L) Efforts to detect and prevent terrorists and 
     instruments of terrorism from entering the United States.
       (M) Staffing requirements for all Southern border security 
     functions.
       (N) Metrics required by section 6 of this Act.
       (O) An assessment of existing efforts and technologies used 
     for border security and the effect of the use of such efforts 
     and technologies on civil rights, private property rights, 
     privacy rights, and civil liberties.
       (P) Resources and other measures that are necessary to 
     achieve a 50 percent reduction in the average wait times of 
     commercial and passenger vehicles at international land ports 
     of entry along the Southern border and the Northern border.
       (Q) A prioritized list of research and development 
     objectives to enhance the security of the Southern border.
       (R) A strategy to reduce passenger wait times and cargo 
     screening times at airports that serve as ports of entry.
       (3) Implementation plan.--Not later than 60 days after the 
     submission of the Strategy under paragraph (1), the Secretary 
     shall submit to the committees of Congress specified in 
     paragraph (1) an implementation plan for each of the border 
     security components of the Department to carry out the 
     Strategy. The plan shall include, at a minimum--
       (A) a comprehensive border security technology plan for 
     continuous and systematic surveillance of the Southern 
     border, including a documented justification and rationale 
     for the technologies selected, deployment locations, fixed 
     versus mobile assets, and a timetable for procurement and 
     deployment;
       (B) the resources, including personnel, infrastructure, and 
     technologies that must be developed, procured, and 
     successfully deployed, to achieve and maintain operational 
     control and full situational awareness of the Southern 
     border; and
       (C) a set of interim goals and supporting milestones 
     necessary for the Department to achieve and maintain 
     operational control and full situational awareness of the 
     Southern border.
       (4) Semiannual reports.--
       (A) In general.--After the Strategy is submitted under 
     paragraph (1), the Secretary shall submit to the committees 
     of Congress specified in paragraph (1), not later than May 15 
     and November 15 each year, a report on the status of the 
     implementation of the Strategy by the Department, including a 
     report on the state of operational control of the Southern 
     border, the metrics required by section 6 of this Act, and 
     the funding used to achieve stated goals.
       (B) Elements.--Each report submitted under subparagraph (A) 
     shall include--
       (i) a detailed description of the steps the Department has 
     taken, or plans to take, to execute the Strategy;
       (ii) a detailed description of--

       (I) any impediments identified in the Department's efforts 
     to execute the strategy;
       (II) the actions the Department has taken, or plans to 
     take, to address such impediments; and
       (III) any additional measures developed by the Department 
     to measure the state of security along the Southern border;

       (iii) for each U.S. Border Patrol sector along the Southern 
     border--

       (I) the effectiveness rate for such sector;
       (II) the number of recidivist apprehensions; and
       (III) the recidivism rate for all unique subjects that 
     received a criminal consequence through the Consequence 
     Delivery System process;

       (iv) the aggregate effectiveness rate of all U.S. Border 
     Patrol sectors along the Southern border;
       (v) a resource allocation model for current and future year 
     staffing requirements that includes optimal staffing levels 
     at Southern border land, air, and sea ports of entry, and an 
     explanation of U.S. Customs and Border Protection methodology 
     for aligning staffing levels and workload to threats and 
     vulnerabilities across all mission areas;
       (vi) detailed information on the level of manpower 
     available at all Southern border land, air, and sea ports of 
     entry and between Southern border ports of entry, including 
     the number of canine and agricultural officers assigned to 
     each such port of entry;
       (vii) detailed information that describes the difference 
     between the staffing the model suggests and the actual 
     staffing at each Southern border port of entry and between 
     the ports of entry; and
       (viii) monthly per passenger wait times, including data on 
     peaks, for crossing the Southern border and the Northern 
     border, per passenger processing wait times at air and sea 
     ports of entry, and the staffing levels at all ports of 
     entry.

     SEC. 6. BORDER SECURITY METRICS.

       (a) Metrics for Securing the Southern Border Between Ports 
     of Entry.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall implement metrics 
     to measure the effectiveness of security between ports of 
     entry along the Southern border. The metrics shall address, 
     at a minimum, the following:
       (1) The effectiveness rate for the areas covered.

[[Page S4696]]

       (2) Estimates, using alternate methodologies, including 
     recidivism and survey data, of total attempted illegal border 
     crossings, the rate of apprehension of attempted illegal 
     border crossings, and the inflow into the United States of 
     illegal border crossers who evade apprehension.
       (3) Estimates of the impacts of the Consequence Delivery 
     System of U.S. Border Patrol on the rate of recidivism of 
     illegal border crossers.
       (4) The current level of situational awareness.
       (5) Amount of narcotics seized between ports of entry.
       (6) A narcotics interdiction rate which measures the amount 
     of narcotics seized against the total estimated amount of 
     narcotics U.S. Border Patrol fails to seize.
       (b) Metrics for Securing the Border at Ports of Entry.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall implement 
     metrics to measure the effectiveness of security at Southern 
     border ports of entry. The metrics shall address, at a 
     minimum, the following:
       (A) The effectiveness rate for such ports of entry.
       (B) Estimates, using alternative methodologies, including 
     recidivism data, survey data, known-flow data, and randomized 
     secondary screening data, of total attempted inadmissible 
     border crossers, the rate of apprehension of attempted 
     inadmissible border crossers, and the inflow into the United 
     States of inadmissible border crossers who evade 
     apprehension.
       (C) A narcotics interdiction rate which measures the amount 
     of narcotics seized against the total estimated amount of 
     narcotics U.S. Customs and Border Protection fails to seize.
       (D) The number of infractions related to personnel and 
     cargo committed by major violators who are apprehended by 
     U.S. Customs and Border Protection at such ports of entry, 
     and the estimated number of such infractions committed by 
     major violators who are not so apprehended.
       (E) The effect of the border security apparatus on crossing 
     times.
       (2) Covert testing.--The Inspector General of the 
     Department of Homeland Security shall carry out covert 
     testing at ports of entry along the Southern border and 
     submit to the Secretary and the committees of Congress 
     specified in section 5(a)(1) of this Act a report that 
     contains the results of such tests. The Secretary shall use 
     such results to assess activities under this subsection.
       (c) Independent Assessment by National Laboratory Within 
     Department of Homeland Security Laboratory Network.--The 
     Secretary shall request the head of a national laboratory 
     within the Department laboratory network with prior expertise 
     in border security to--
       (1) provide an independent assessment of the metrics 
     implemented in accordance with subsections (a) and (b) to 
     ensure each such metric's suitability and statistical 
     validity; and
       (2) make recommendations for other suitable metrics that 
     may be used to measure the effectiveness of border security 
     along the Southern border.
       (d) Evaluation by Government Accountability Office.--
       (1) In general.--The Secretary shall make available to the 
     Government Accountability Office the data and methodology 
     used to develop the metrics implemented under subsections (a) 
     and (b) and the independent assessment described under 
     subsection (c).
       (2) Report.--Not later than 270 days after receiving the 
     data and methodology described in paragraph (1), the 
     Comptroller General of the United States shall submit to the 
     committees of Congress specified in section 5(a)(1) of this 
     Act a report on the suitability and statistical validity of 
     such data and methodology.
       (e) GAO Report on Border Security Duplication.--Not later 
     than 1 year after the date of the enactment of this Act, the 
     Comptroller General of the United States shall submit to the 
     committees of Congress specified in section 5(a)(1) of this 
     Act a report addressing areas of overlap in responsibilities 
     within the border security functions of the Department.

     SEC. 7. COMPREHENSIVE IMMIGRATION REFORM TRUST FUND.

       (a) Comprehensive Immigration Reform Trust Fund.--
       (1) Establishment.--There is established in the Treasury a 
     separate account, to be known as the Comprehensive 
     Immigration Reform Trust Fund (referred to in this section as 
     the ``Trust Fund''), consisting of--
       (A) amounts transferred from the general fund of the 
     Treasury under paragraph (2)(A); and
       (B) proceeds from the fees described in paragraph (2)(B).
       (2) Deposits.--
       (A) Initial funding.--On the later of the date of the 
     enactment of this Act or October 1, 2013, $8,300,000,000 
     shall be transferred from the general fund of the Treasury to 
     the Trust Fund.
       (B) Ongoing funding.--Notwithstanding section 3302 of title 
     31, United States Code, in addition to the funding described 
     in subparagraph (A), and subject to paragraphs (3)(B) and 
     (4), the following amounts shall be deposited in the Trust 
     Fund:
       (i) Electronic travel authorization system fees.--Fees 
     collected under section 217(h)(3)(B)(i)(II) of the 
     Immigration and Nationality Act, as added by section 1102(c).
       (ii) Registered provisional immigrant penalties.--Penalties 
     collected under section 245B(c)(10)(C) of the Immigration and 
     Nationality Act, as added by section 2101.
       (iii) Blue card penalty.--Penalties collected under section 
     2211(b)(9)(C).
       (iv) Fines for adjustment from blue card status.--Fines 
     collected under section 245F(a)(5) of the Immigration and 
     Nationality Act, as added by section 2212(a).
       (v) Penalties for false statements in applications.--Fines 
     collected under section 245F(f) of the Immigration and 
     Nationality Act, as added by section 2212(a).
       (vi) Merit system green card fees.--Fees collected under 
     section 203(c)(6) of the Immigration and Nationality Act, as 
     amended by section 2301(a)(2).
       (vii) H-1B and l visa fees.--Fees collected under section 
     281(d) of the Immigration and Nationality Act, as added by 
     section 4105.
       (viii) H-1B outplacement fee.--Fees collected under section 
     212(n)(1)(F)(ii) of the Immigration and Nationality Act, as 
     amended by section 4211(d).
       (ix) H-1B nonimmigrant dependent employer fees.--Fees 
     collected under section 4233(a)(2).
       (x) L nonimmigrant dependent employer fees.--Fees collected 
     under section 4305(a)(2).
       (xi) J-1 visa mitigation fees.--Fees collected under 
     section 281(e) of the Immigration and Nationality Act, as 
     added by section 4407.
       (xii) F-1 visa fees.--Fees collected under section 281(f) 
     of the Immigration and Nationality Act, as added by section 
     4408.
       (xiii) Retiree visa fees.--Fees collected under section 
     214(w)(1)(B) of the Immigration and Nationality Act, as added 
     by section 4504(b).
       (xiv) Visitor visa fees.--Fees collected under section 
     281(g) of the Immigration and Nationality Act, as added by 
     section 4509.
       (xv) H-2B visa fees.--Fees collected under section 
     214(x)(5)(A) of the Immigration and Nationality Act, as added 
     by section 4602(a).
       (xvi) Nonimmigrants performing maintenance on common 
     carriers.--Fees collected under section 214(z) of the 
     Immigration and Nationality Act, as added by section 4604.
       (xvii) X-1 visa fees.--Fees collected under section 
     214(s)(6) of the Immigration and Nationality Act, as added by 
     section 4801.
       (xviii) Penalties for adjustment from registered 
     provisional immigrant status.--Penalties collected under 
     section 245C(c)(5)(B) of the Immigration and Nationality Act, 
     as added by section 2102.
       (C) Authority to adjust fees.--As necessary to carry out 
     the purposes of this Act, the Secretary may adjust the 
     amounts of the fees and penalties set out under subparagraph 
     (B), except for the fines and penalties referred to in 
     clauses (ii), (iii), (iv), or (xviii) of such subparagraph.
       (3) Use of funds.--
       (A) Initial funding.--Of the amounts transferred to the 
     Trust Fund pursuant to paragraph (2)(A)--
       (i) $6,500,000,000 shall be made available to the Secretary 
     for carrying out the Comprehensive Southern Border Security 
     Strategy, including the Southern border fencing strategy;
       (ii) $750,000,000 shall remain available for the 6-year 
     period beginning on the date specified in paragraph (2)(A) 
     for use by the Secretary to expand and implement the 
     mandatory employment verification system, which shall be used 
     as required by section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a), as amended by section 3101;
       (iii) $900,000,000 shall remain available for the 8-year 
     period beginning on the date specified in paragraph (2)(A) 
     for use by the Secretary of State to pay for one-time and 
     startup costs necessary to implement this Act; and
       (iv) $150,000,000 shall remain available for the 2-year 
     period beginning on the date specified in paragraph (2)(A) 
     for use by the Secretary for transfer to the Secretary of 
     Labor, the Secretary of Agriculture, or the Attorney General, 
     for initial costs of implementing this Act.
       (B) Repayment of trust fund expenses.--The first 
     $8,300,000,000 collected pursuant to the fees, penalties, and 
     fines referred to in clauses (ii), (iii), (iv), (vi), (xiii), 
     (xvii), and (xviii) of paragraph (2)(B) shall be collected, 
     deposited in the general fund of the Treasury, and used for 
     Federal budget deficit reduction. Collections in excess of 
     $8,300,000,000 shall be deposited into the Trust Fund, as 
     specified in paragraph (2)(B).
       (C) Program implementation.--Amounts deposited into the 
     Trust Fund pursuant to paragraph (2)(B) shall be available 
     during each of fiscal years 2014 through 2018 as follows:
       (i) $50,000,000 to carry out the activities referenced in 
     section 1104(a)(1).
       (ii) $50,000,000 to carry out the activities referenced in 
     section 1104(b).
       (D) Ongoing funding.--Subject to the availability of 
     appropriations, amounts deposited in the Trust Fund pursuant 
     to paragraph (2)(B) are authorized to be appropriated as 
     follows:
       (i) Such sums as may be necessary to carry out the 
     authorizations included in this Act.
       (ii) Such sums as may be necessary to carry out the 
     operations and maintenance of border security and immigration 
     enforcement investments described in subparagraph (A).
       (E) Expenditure plan.--The Secretary, in consultation with 
     the Attorney General and

[[Page S4697]]

     the Secretary of Defense, shall submit to the Committee on 
     Appropriations and the Committee on the Judiciary of the 
     Senate and the Committee on Appropriations and the Committee 
     on the Judiciary of the House of Representatives, in 
     conjunction with the Comprehensive Southern Border Strategy, 
     a plan for expenditure that describes--
       (i) the types and planned deployment of fixed, mobile, 
     video, and agent and officer portable surveillance and 
     detection equipment, including those recommended or provided 
     by the Department of Defense;
       (ii) the number of Border Patrol agents and U.S. Customs 
     and Border Protection officers to be hired, including a 
     detailed description of which Border Patrol sectors and which 
     land border ports of entry such agents and officers will be 
     stationed;
       (iii) the numbers and types of unarmed, unmanned aerial 
     systems and unarmed, fixed-wing and rotary aircraft, 
     including pilots, air interdiction agents, and support staff 
     to fly or otherwise operate and maintain the equipment;
       (iv) the numbers, types, and planned deployment of marine 
     and riverine vessels, if any, including marine interdiction 
     agents and support staff to operate and maintain the vessels;
       (v) the locations, mileage, and planned deployment of 
     fencing, including double layer fencing, tactical and other 
     infrastructure, and technology, including fixed towers, 
     sensors, cameras, and other detection technology;
       (vi) the numbers, types, and planned deployment of ground-
     based mobile surveillance systems;
       (vii) the numbers, types, and planned deployment of 
     tactical and other interoperable law enforcement 
     communications systems and equipment;
       (viii) required construction, including repairs, expansion, 
     and maintenance, and location of additional checkpoints, 
     Border Patrol stations, and forward operating bases;
       (ix) the number of additional attorneys and support staff 
     for the Office of the United States Attorney for Tucson;
       (x) the number of additional support staff and interpreters 
     in the Office of the Clerk of the Court for Tucson;
       (xi) the number of additional personnel, including Marshals 
     and Deputy Marshals for the United States Marshals Office for 
     Tucson;
       (xii) the number of additional magistrate judges for the 
     southern border United States district courts;
       (xiii) activities to be funded by the Homeland Security 
     Border Oversight Task Force;
       (xiv) funding amounts and types of grants to States and 
     other entities;
       (xv) funding amounts and activities necessary to hire 
     additional personnel and for start-up costs related to 
     upgrading software and information technology necessary to 
     transition from a voluntary E-Verify system to the mandatory 
     employment verification system under section 274A of the 
     Immigration and Nationality Act (8 U.S.C. 1324a) within 5 
     years;
       (xvi) the number of additional personnel and other costs 
     associated with implementing the immigration courts and 
     removal proceedings mandated in subtitle E of title III;
       (xvii) the steps the Commissioner of Social Security plans 
     to take to create a fraud-resistant, tamper-resistant, wear-
     resistant, and identity theft-resistant Social Security card, 
     including--

       (I) the types of equipment needed to create the card;
       (II) the total estimated costs for completion that clearly 
     delineates costs associated with the acquisition of equipment 
     and transition to operation, subdivided by fiscal year and 
     including a description of the purpose by fiscal year for 
     design, pre-acquisition activities, production, and 
     transition to operation;
       (III) the number and type of personnel, including contract 
     personnel, required to research, design, test, and produce 
     the card; and
       (IV) a detailed schedule for production of the card, 
     including an estimated completion date at the projected 
     funding level provided in this Act; and

       (xviii) the operations and maintenance costs associated 
     with the implementation of clauses (i) through (xvii).
       (F) Annual revision.--The expenditure plan required in (E) 
     shall be revised and submitted with the President's budget 
     proposals for fiscal year 2016, 2017, 2018, and 2019 pursuant 
     to the requirements of section 1105(a) of title 31, United 
     States Code.
       (4) Limitation on collection.--
       (A) In general.--No fee deposited in the Trust Fund may be 
     collected except to the extent that the expenditure of the 
     fee is provided for in advance in an appropriations Act only 
     to pay the costs of activities and services for which 
     appropriations are authorized to be funded from the Trust 
     Fund.
       (B) Receipts collected as offsetting receipts.--Until the 
     date of the enactment of an Act making appropriations for the 
     activities authorized under this Act through September 30, 
     2014, the fees authorized by paragraph (2)(B) that are not 
     deposited into the general fund pursuant to paragraph (3)(B) 
     may be collected and shall be credited as to the Trust Fund 
     to remain available until expended only to pay the costs of 
     activities and services for which appropriations are 
     authorized to be funded from the Trust Fund.
       (b) Comprehensive Immigration Reform Startup Account.--
       (1) Establishment.--There is established in the Treasury a 
     separate account, to be known as the ``Comprehensive 
     Immigration Reform Startup Account,'' (referred to in this 
     section as the ``Startup Account''), consisting of amounts 
     transferred from the general fund of the Treasury under 
     paragraph (2).
       (2) Deposits.--There is appropriated to the Startup 
     Account, out of any funds in the Treasury not otherwise 
     appropriated, $3,000,000,000, to remain available until 
     expended on the later of the date that is--
       (A) the date of the enactment of this Act; or
       (B) October 1, 2013.
       (3) Repayment of startup costs.--
       (A) In general.--Notwithstanding section 286(m) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(m)), 50 
     percent of fees collected under section 245B(c)(10)(A) of the 
     Immigration and Nationality Act, as added by section 2101 of 
     this Act, shall be deposited monthly in the general fund of 
     the Treasury and used for Federal budget deficit reduction 
     until the funding provided by paragraph (2) has been repaid.
       (B) Deposit in the immigration examinations fee account.--
     Fees collected in excess of the amount referenced in 
     subparagraph (A) shall be deposited in the Immigration 
     Examinations Fee Account, pursuant to subsection (m) of 
     section 286 of the Immigration and Nationality Act (8 U.S.C. 
     1356), and shall remain available until expended pursuant to 
     subsection (n) of such section.
       (4) Use of funds.--The Secretary shall use the amounts 
     transferred to the Startup Account to pay for one-time and 
     startup costs necessary to implement this Act, including--
       (A) equipment, information technology systems, 
     infrastructure, and human resources;
       (B) outreach to the public, including development and 
     promulgation of any regulations, rules, or other public 
     notice;
       (C) grants to community and faith-based organizations; and
       (D) anti-fraud programs and actions related to 
     implementation of this Act.
       (5) Expenditure plan.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary, in 
     consultation with the Attorney General and the Secretary of 
     Defense, shall submit to the Committee on Appropriations and 
     the Committee on the Judiciary of the Senate and the 
     Committee on Appropriations and the Committee on the 
     Judiciary of the House of Representatives, a plan for 
     expenditure of the one-time and startup funds in the Startup 
     Account that provides details on--
       (A) the types of equipment, information technology systems, 
     infrastructure, and human resources for which funds will be 
     allocated;
       (B) the plans for outreach to the public, including 
     development and promulgation of any regulations, rules, or 
     other public notice;
       (C) the types and amounts of grants to community and faith-
     based organizations; and
       (D) the anti-fraud programs and actions related to 
     implementation of this Act.
       (c) Annual Audits.--
       (1) Audits required.--Not later than October 1 each year 
     beginning on or after the date of the enactment of this Act, 
     the Chief Financial Officer of the Department shall, in 
     conjunction with the Inspector General of the Department, 
     conduct an audit of the Trust Fund.
       (2) Reports.--Upon completion of each audit of the Trust 
     Fund under paragraph (1), the Chief Financial Officer shall, 
     in conjunction with the Inspector General, submit to 
     Congress, and make available to the public on an Internet 
     website of the Department, a jointly audited financial 
     statement concerning the Trust Fund.
       (3) Elements.--Each audited financial statement under 
     paragraph (2) shall include, at a minimum, the following:
       (A) The report of an independent certified public 
     accountant.
       (B) A balance sheet reporting admitted assets, liabilities, 
     capital and surplus.
       (C) A statement of cash flow.
       (D) Such other information on the Trust Fund as the Chief 
     Financial Officer, the Inspector General, or the independent 
     certified public accountant considers appropriate to 
     facilitate a comprehensive understanding of the Trust Fund 
     during the year covered by the financial statement.

     SEC. 8. GRANT ACCOUNTABILITY.

       (a) Definitions.--In this section:
       (1) Awarding entity.--The term ``awarding entity'' means 
     the Secretary, the Director of the Federal Emergency 
     Management Agency, the Chief of the Office of Citizenship and 
     New Americans, as designated by this Act, or the Director of 
     the National Science Foundation.
       (2) Nonprofit organization.--The term ``nonprofit 
     organization'' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       (3) Unresolved audit finding.--The term ``unresolved audit 
     finding'' means a finding in a final audit report conducted 
     by the Inspector General of the Department, or the Inspector 
     General for the National Science Foundation for grants 
     awarded by the Director of the National Science Foundation, 
     that the audited grantee has utilized grant funds for an 
     unauthorized expenditure or otherwise

[[Page S4698]]

     unallowable cost that is not closed or resolved within 1 year 
     from the date when the final audit report is issued.
       (b) Accountability.--All grants awarded by an awarding 
     entity pursuant to this Act shall be subject to the following 
     accountability provisions:
       (1) Audit requirement.--
       (A) Audits.--Beginning in the first fiscal year beginning 
     after the date of the enactment of this Act, and in each 
     fiscal year thereafter, the Inspector General of the 
     Department, or the Inspector General for the National Science 
     Foundation for grants awarded by the Director of the National 
     Science Foundation, shall conduct audits of recipients of 
     grants under this Act to prevent waste, fraud, and abuse of 
     funds by grantees. Such Inspectors General shall determine 
     the appropriate number of grantees to be audited each year.
       (B) Mandatory exclusion.--A recipient of grant funds under 
     this Act that is found to have an unresolved audit finding 
     shall not be eligible to receive grant funds under this Act 
     during the first 2 fiscal years beginning after the end of 
     the 1-year period described in subsection (a)(3).
       (C) Priority.--In awarding a grant under this Act, the 
     awarding entity shall give priority to eligible applicants 
     that did not have an unresolved audit finding during the 3 
     fiscal years prior to the date the entity submitted the 
     application for such grant.
       (D) Reimbursement.--If an entity is awarded grant funds 
     under this Act during the period of 2 fiscal years in which 
     the entity is barred from receiving grants under subparagraph 
     (B), the awarding entity shall--
       (i) deposit an amount equal to the amount of the grant 
     funds that were improperly awarded to such entity into the 
     general fund of the Treasury; and
       (ii) seek to recover the costs of the repayment under 
     clause (i) from such entity.
       (2) Nonprofit organization requirements.--
       (A) Prohibition.--An awarding entity may not award a grant 
     under this Act to a nonprofit organization that holds money 
     in offshore accounts for the purpose of avoiding the tax 
     imposed by section 511(a) of the Internal Revenue Code of 
     1986.
       (B) Disclosure.--Each nonprofit organization that is 
     awarded a grant under this Act and uses the procedures 
     prescribed in regulations to create a rebuttable presumption 
     of reasonableness for the compensation of its officers, 
     directors, trustees and key employees, shall disclose to the 
     awarding entity, in the application for the grant, the 
     process for determining such compensation, including the 
     independent persons involved in reviewing and approving such 
     compensation, the comparability data used, and 
     contemporaneous substantiation of the deliberation and 
     decision. Upon request, the awarding entity shall make the 
     information disclosed under this subparagraph available for 
     public inspection.
       (3) Conference expenditures.--
       (A) Limitation.--No amounts authorized to be appropriated 
     to the Department or the National Science Foundation for 
     grant programs under this Act may be used by an awarding 
     entity or by any individual or entity awarded discretionary 
     funds through a cooperative agreement under this Act to host 
     or support any expenditure for conferences that uses more 
     than $20,000 in funds made available by the Department or the 
     National Science Foundation unless the Deputy Secretary for 
     Homeland Security, or the Deputy Director of the National 
     Science Foundation, or their designee, provides prior written 
     authorization that the funds may be expended to host the 
     conference.
       (B) Written approval.--Written approval under subparagraph 
     (A) shall include a written estimate of all costs associated 
     with the conference, including the cost of all food, 
     beverages, audio-visual equipment, honoraria for speakers, 
     and entertainment.
       (C) Report.--The Deputy Secretary of Homeland Security and 
     the Deputy Director of the National Science Foundation shall 
     submit to Congress an annual report on all conference 
     expenditures approved under this paragraph.
       (4) Annual certification.--Beginning in the first fiscal 
     year beginning after the date of the enactment of this Act, 
     each awarding entity shall submit to Congress a report--
       (A) indicating whether--
       (i) all audits issued by the Offices of the Inspector 
     General under paragraph (1) have been completed and reviewed 
     by the appropriate individuals;
       (ii) all mandatory exclusions required under paragraph 
     (1)(B) have been issued; and
       (iii) all reimbursements required under paragraph (1)(D) 
     have been made; and
       (B) that includes a list of any grant recipients excluded 
     under paragraph (1) from the previous year.

     SEC. 9. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.).

     SEC. 10. DEFINITIONS.

       In this Act:
       (1) Department.--Except as otherwise provided, the term 
     ``Department'' means the Department of Homeland Security.
       (2) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Homeland Security.

                        TITLE I--BORDER SECURITY

     SEC. 1101. DEFINITIONS.

       In this title:
       (1) Northern border.--The term ``Northern border'' means 
     the international border between the United States and 
     Canada.
       (2) Rural, high-trafficked areas.--The term ``rural, high-
     trafficked areas'' means rural areas through which drugs and 
     undocumented aliens are routinely smuggled, as designated by 
     the Commissioner of U.S. Customs and Border Protection.
       (3) Southern border.--The term ``Southern border'' means 
     the international border between the United States and 
     Mexico.
       (4) Southwest border region.--The term ``Southwest border 
     region'' means the area in the United States that is within 
     100 miles of the Southern border.

     SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION 
                   OFFICERS.

       (a) In General.--Not later than September 30, 2017, the 
     Secretary shall increase the number of trained full-time 
     active duty U.S. Border Patrol agents deployed to the 
     Southern border by 5,000, compared to the number of such 
     officers as of the date of the enactment of this Act. The 
     Secretary shall make progress in increasing such number of 
     officers during each of fiscal years 2014 through 2017.
       (b) Construction.--Nothing in subsection (a) may be 
     construed to preclude the Secretary from reassigning or 
     stationing U.S. Customs and Border Protection officers and 
     U.S. Border Patrol agents from the Northern border to the 
     Southern border.
       (c) Funding.--Section 217(h)(3)(B) (8 U.S.C. 1187(h)(3)(B)) 
     is amended--
       (1) in clause (i)--
       (A) by striking ``No later than 6 months after the date of 
     enactment of the Travel Promotion Act of 2009, the'' and 
     inserting ``The'';
       (B) in subclause (I), by striking ``and'' at the end;
       (C) by redesignating subclause (II) as subclause (III); and
       (D) by inserting after subclause (I) the following:

       ``(II) $16 for border processing; and'';

       (2) in clause (ii), by striking ``Amounts collected under 
     clause (i)(II)'' and inserting ``Amounts collected under 
     clause (i)(II) shall be deposited into the Comprehensive 
     Immigration Reform Trust Fund established by section 7(a)(1) 
     of the Border Security, Economic Opportunity, and Immigration 
     Modernization Act. Amounts collected under clause (i)(III)''; 
     and
       (3) by striking clause (iii).

     SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN 
                   BORDER.

       (a) In General.--With the approval of the Secretary of 
     Defense, the Governor of a State may order any units or 
     personnel of the National Guard of such State to perform 
     operations and missions under section 502(f) of title 32, 
     United States Code, in the Southwest border region for the 
     purposes of assisting U.S. Customs and Border Protection in 
     securing the Southern border.
       (b) Assignment of Operations and Missions.--
       (1) In general.--National Guard units and personnel 
     deployed under subsection (a) may be assigned such operations 
     and missions specified in subsection (c) as may be necessary 
     to secure the Southern border.
       (2) Nature of duty.--The duty of National Guard personnel 
     performing operations and missions described in paragraph (1) 
     shall be full-time duty under title 32, United States Code.
       (c) Range of Operations and Missions.--The operations and 
     missions assigned under subsection (b) shall include the 
     temporary authority--
       (1) to construct fencing, including double-layer and 
     triple-layer fencing;
       (2) to increase ground-based mobile surveillance systems;
       (3) to deploy additional unmanned aerial systems and manned 
     aircraft sufficient to maintain continuous surveillance of 
     the Southern border;
       (4) to deploy and provide capability for radio 
     communications interoperability between U.S. Customs and 
     Border Protection and State, local, and tribal law 
     enforcement agencies;
       (5) to construct checkpoints along the Southern border to 
     bridge the gap to long-term permanent checkpoints; and
       (6) to provide assistance to U.S. Customs and Border 
     Protection, particularly in rural, high-trafficked areas, as 
     designated by the Commissioner of U.S. Customs and Border 
     Protection.
       (d) Materiel and Logistical Support.--The Secretary of 
     Defense shall deploy such materiel and equipment and 
     logistical support as may be necessary to ensure success of 
     the operations and missions conducted by the National Guard 
     under this section.
       (e) Exclusion From National Guard Personnel Strength 
     Limitations.--National Guard personnel deployed under 
     subsection (a) shall not be included in--
       (1) the calculation to determine compliance with limits on 
     end strength for National Guard personnel; or
       (2) limits on the number of National Guard personnel that 
     may be placed on active duty for operational support under 
     section 115 of title 10, United States Code.

     SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY 
                   OPERATIONS.

       (a) Border Crossing Prosecutions.--

[[Page S4699]]

       (1) In general.--From the amounts available pursuant to the 
     authorization of appropriations in paragraph (3), funds shall 
     be available--
       (A) to increase the number of border crossing prosecutions 
     in every sector of the Southwest border region by at least 50 
     percent per day, as calculated by the previous annual average 
     on the date of the enactment of this Act, through increasing 
     the funding available for--
       (i) attorneys and administrative support staff in offices 
     of United States attorneys;
       (ii) support staff and interpreters in Court Clerks' 
     Offices;
       (iii) pre-trial services;
       (iv) activities of the Federal Public Defenders Office; and
       (v) additional personnel, including Deputy U.S. Marshals in 
     United States Marshals Offices to perform intake, 
     coordination, transportation, and court security; and
       (B) to reimburse Federal, State, local, and tribal law 
     enforcement agencies for any detention costs related to the 
     border crossing prosecutions carried out pursuant to 
     subparagraph (A).
       (2) Additional magistrate judges to assist with increased 
     caseload.--The chief judge of the United States district 
     courts within sectors of the Southwest border region are 
     authorized to appoint additional full-time magistrate judges, 
     who, consistent with the Constitution and laws of the United 
     States, shall have the authority to hear cases and 
     controversies in the judicial district in which the 
     respective judges are appointed.
       (3) Funding.--There are authorized to be appropriated from 
     the Comprehensive Immigration Reform Trust Fund established 
     by section 7(a)(1) of this Act such sums as may be necessary 
     to carry out this subsection.
       (b) Operation Stonegarden.--
       (1) In general.--The Federal Emergency Management Agency 
     shall enhance law enforcement preparedness and operational 
     readiness along the borders of the United States through 
     Operation Stonegarden.
       (2) Grants and reimbursements.--
       (A) In general.--For purposes of paragraph (1), not less 
     than 90 percent of the amounts made available pursuant to the 
     authorization of appropriations in paragraph (3) shall be 
     allocated for grants and reimbursements to law enforcement 
     agencies in the States in the Southwest border region for 
     personnel, overtime, travel, and other costs related to 
     combating illegal immigration and drug smuggling in the 
     Southwest border region.
       (B) Grants to law enforcement agencies.--Allocations for 
     grants and reimbursements to law enforcement agencies under 
     this paragraph shall be made by the Federal Emergency 
     Management Agency through a competitive process.
       (3) Funding.--There are authorized to be appropriated from 
     the Comprehensive Immigration Reform Trust Fund pursuant to 
     section 7(a)(3)(C)(ii) of this Act such sums as may be 
     necessary to carry out this subsection.
       (c) Physical and Tactical Infrastructure Improvements.--
       (1) Construction, upgrade, and acquisition of border 
     control facilities.--The Secretary shall, consistent with the 
     Southern Border Security Strategy required by section 5 of 
     this Act, upgrade existing physical and tactical 
     infrastructure of the Department, and construct and acquire 
     additional physical and tactical infrastructure, including 
     the following:
       (A) U.S. Border Patrol stations.
       (B) U.S. Border Patrol checkpoints.
       (C) Forward operating bases.
       (D) Monitoring stations.
       (E) Mobile command centers.
       (F) Field offices.
       (G) All-weather roads.
       (H) Lighting.
       (I) Real property.
       (J) Land border port of entry improvements.
       (K) Other necessary facilities, structures, and properties.
       (2) Required uses of funds.--The Secretary, consistent with 
     the Southern Border Security Strategy, shall do the 
     following:
       (A) U.S. border patrol stations.--
       (i) Construct additional U.S. Border Patrol stations in the 
     Southwest border region that U.S. Customs and Border 
     Protection determines are needed to provide full operational 
     support in rural, high-trafficked areas.
       (ii) Analyze the feasibility of creating additional U.S. 
     Border Patrol sectors along the Southern border to interrupt 
     drug and human trafficking operations.
       (B) U.S. border patrol checkpoints.--Operate and maintain 
     additional temporary or permanent checkpoints on roadways in 
     the Southwest border region in order to deter, interdict, and 
     apprehend terrorists, human traffickers, drug traffickers, 
     weapons traffickers, and other criminals before they enter 
     the interior of the United States.
       (C) U.S. border patrol forward operating bases.--
       (i) Establish additional permanent forward operating bases 
     for U.S. Border Patrol, as needed.
       (ii) Upgrade existing forward operating bases to include 
     modular buildings, electricity, and potable water.
       (iii) Ensure that forward operating bases surveil and 
     interdict individuals entering the United States unlawfully 
     immediately after such individuals cross the Southern border.
       (3) Safe and secure border infrastructure.--The Secretary 
     and the Secretary of Transportation, in consultation with the 
     Governors of the States in the Southwest border region or the 
     region along the Northern border, shall establish a grant 
     program, which shall be administered by the Secretary of 
     Transportation and the Administrator of the General Services 
     Administration, to construct transportation and supporting 
     infrastructure improvements at existing and new international 
     border crossings necessary to facilitate safe, secure, and 
     efficient cross border movement of people, motor vehicles, 
     and cargo.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2014 through 
     2018, such sums as may be necessary to carry out this 
     subsection.
       (d) Additional Permanent District Court Judgeships in 
     Southwest Border States.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (A) 2 additional district judges for the district of 
     Arizona;
       (B) 3 additional district judges for the eastern district 
     of California;
       (C) 2 additional district judges for the western district 
     of Texas; and
       (D) 1 additional district judge for the southern district 
     of Texas.
       (2) Conversions of temporary district court judgeships.--
     The existing judgeships for the district of Arizona and the 
     central district of California authorized by section 312(c) 
     of the 21st Century Department of Justice Appropriations 
     Authorization Act (28 U.S.C. 133 note; Public Law 107-273; 
     116 Stat. 1788), as of the effective date of this Act, shall 
     be authorized under section 133 of title 28, United States 
     Code, and the incumbents in those offices shall hold the 
     office under section 133 of title 28, United States Code, as 
     amended by this Act.
       (3) Technical and conforming amendments.--The table 
     contained in section 133(a) of title 28, United States Code, 
     is amended--
       (A) by striking the item relating to the district of 
     Arizona and inserting the following:

``Arizona.........................................................15'';

       (B) by striking the items relating to California and 
     inserting the following:

``California:
Northern.............................................................14
Eastern...............................................................9
Central..............................................................28
Southern..........................................................13'';
                                                                    and

       (C) by striking the items relating to Texas and inserting 
     the following:

``Texas:
Northern.............................................................12
Southern.............................................................20
Eastern...............................................................7
Western...........................................................15''.

       (4) Increase in filing fees.--
       (A) In general.--Section 1914(a) of title 28, United States 
     Code, is amended by striking ``$350'' and inserting ``$360''.
       (B) Expenditure limitation.--Incremental amounts collected 
     by reason of the enactment of this paragraph shall be 
     deposited as offsetting receipts in the special fund of the 
     Treasury established under section 1931 of title 28, United 
     States Code. Such amounts shall be available solely for the 
     purpose of facilitating the processing of civil cases, but 
     only to the extent specifically appropriated by an Act of 
     Congress enacted after the date of the enactment of this Act.
       (5) Whistleblower protection.--
       (A) In general.--No officer, employee, agent, contractor, 
     or subcontractor of the judicial branch may discharge, 
     demote, threaten, suspend, harass, or in any other manner 
     discriminate against an employee in the terms and conditions 
     of employment because of any lawful act done by the employee 
     to provide information, cause information to be provided, or 
     otherwise assist in an investigation regarding any possible 
     violation of Federal law or regulation, or misconduct, by a 
     judge, justice, or any other employee in the judicial branch, 
     which may assist in the investigation of the possible 
     violation or misconduct.
       (B) Civil action.--An employee injured by a violation of 
     subparagraph (A) may, in a civil action, obtain appropriate 
     relief.

     SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Federal lands.--The term ``Federal lands'' includes all 
     land under the control of the Secretary concerned that is 
     located within the Southwest border region in the State of 
     Arizona along the Southern border.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Support for Border Security Needs.--To achieve 
     effective control of Federal lands--
       (1) the Secretary concerned, notwithstanding any other 
     provision of law, shall authorize and provide U.S. Customs 
     and Border Protection personnel with immediate access to 
     Federal lands for security activities, including--
       (A) routine motorized patrols; and
       (B) the deployment of communications, surveillance, and 
     detection equipment;
       (2) the security activities described in paragraph (1) 
     shall be conducted, to the maximum extent practicable, in a 
     manner that

[[Page S4700]]

     the Secretary determines will best protect the natural and 
     cultural resources on Federal lands; and
       (3) the Secretary concerned may provide education and 
     training to U.S. Customs and Border Protection personnel on 
     the natural and cultural resources present on individual 
     Federal land units.
       (c) Programmatic Environmental Impact Statement.--
       (1) In general.--After implementing subsection (b), the 
     Secretary, in consultation with the Secretaries concerned, 
     shall prepare and publish in the Federal Register a notice of 
     intent to prepare a programmatic environmental impact 
     statement in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the 
     impacts of the activities described in subsection (b).
       (2) Effect on processing application and special use 
     permits.--The pending completion of a programmatic 
     environmental impact statement under this section shall not 
     result in any delay in the processing or approving of 
     applications or special use permits by the Secretaries 
     concerned for the activities described in subsection (b).
       (3) Amendment of land use plans.--The Secretaries concerned 
     shall amend any land use plans, as appropriate, upon 
     completion of the programmatic environmental impact statement 
     described in subsection (b).
       (4) Scope of programmatic environmental impact statement.--
     The programmatic environmental impact statement described in 
     paragraph (1)--
       (A) may be used to advise the Secretary on the impact on 
     natural and cultural resources on Federal lands; and
       (B) shall not control, delay, or restrict actions by the 
     Secretary to achieve effective control on Federal lands.
       (d) Intermingled State and Private Land.--This section 
     shall not apply to any private or State-owned land within the 
     boundaries of Federal lands.

     SEC. 1106. EQUIPMENT AND TECHNOLOGY.

       (a) Enhancements.--The Secretary, in consultation with the 
     Commissioner of U.S. Customs and Border Protection and 
     consistent with the Southern Border Security Strategy 
     required by section 5 of this Act, shall upgrade existing 
     technological assets and equipment, and procure and deploy 
     additional technological assets and equipment, including the 
     following:
       (1) Unarmed, unmanned aerial vehicles.
       (2) Fixed-wing aircraft.
       (3) Helicopters.
       (4) Remote video surveillance camera systems.
       (5) Mobile surveillance systems.
       (6) Agent portable surveillance systems.
       (7) Radar technology.
       (8) Satellite technology.
       (9) Fiber optics.
       (10) Integrated fixed towers.
       (11) Relay towers.
       (12) Poles.
       (13) Night vision equipment.
       (14) Sensors, including imaging sensors and unattended 
     ground sensors.
       (15) Biometric entry-exit systems.
       (16) Contraband detection equipment.
       (17) Digital imaging equipment.
       (18) Document fraud detection equipment.
       (19) Land vehicles.
       (20) Officer and personnel safety equipment.
       (21) Other technologies and equipment.
       (b) Required Uses of Funds.--The Secretary, consistent with 
     the Southern Border Security Strategy, shall--
       (1) deploy additional mobile, video, and agent-portable 
     surveillance systems, and unarmed, unmanned aerial vehicles 
     in the Southwest border region as necessary to provide 24-
     hour operation and surveillance;
       (2) operate unarmed unmanned aerial vehicles along the 
     Southern border for 24 hours per day and for 7 days per week;
       (3) deploy unarmed additional fixed-wing aircraft and 
     helicopters along the Southern border;
       (4) acquire new rotary and make upgrades to the existing 
     helicopter fleet;
       (5) increase horse patrols in the Southwest border region; 
     and
       (6) acquire and deploy watercraft and other equipment to 
     provide support for border-related maritime anti-crime 
     activities.
       (c) Limitation.--
       (1) In general.--Notwithstanding paragraphs (1) and (2) of 
     subsection (a), and except as provided in paragraph (2), U.S. 
     Border Patrol may not operate unarmed, unmanned aerial 
     vehicles in the San Diego and El Centro Sectors, except 
     within 3 miles of the Southern border.
       (2) Exception.--The limitation under this subsection shall 
     not restrict the maritime operations of U.S. Customs and 
     Border Protection.
       (d) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated, there is 
     authorized to be appropriated for each of fiscal years 2014 
     through 2018 for U.S. Customs and Border Protection such sums 
     as may be necessary to carry out this section.

     SEC. 1107. ACCESS TO EMERGENCY PERSONNEL.

       (a) Southwest Border Region Emergency Communications 
     Grants.--
       (1) In general.--The Secretary, in consultation with the 
     Governors of the States in the Southwest border region, shall 
     establish a 2-year grant program, to be administered by the 
     Secretary, to improve emergency communications in the 
     Southwest border region.
       (2) Eligibility for grants.--An individual is eligible to 
     receive a grant under this subsection if the individual 
     demonstrates that he or she--
       (A) regularly resides or works in the Southwest border 
     region; and
       (B) is at greater risk of border violence due to the lack 
     of cellular service at his or her residence or business and 
     his or her proximity to the Southern border.
       (3) Use of grants.--Grants awarded under this subsection 
     may be used to purchase satellite telephone communications 
     systems and service that--
       (A) can provide access to 9-1-1 service; and
       (B) are equipped with global positioning systems.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     the grant program established under this subsection.
       (b) Interoperable Communications for Law Enforcement.--
       (1) Federal law enforcement.--There are authorized to be 
     appropriated to the Department, the Department of Justice, 
     and the Department of the Interior, during the 5-year period 
     beginning on the date of the enactment of this Act, such sums 
     as may be necessary--
       (A) to purchase, through a competitive procurement process, 
     P25-compliant radios, which may include a multi-band option, 
     for Federal law enforcement agents working in the Southwest 
     border region in support of the activities of U.S. Customs 
     and Border Protection and U.S. Immigration and Customs 
     Enforcement, including law enforcement agents of the Drug 
     Enforcement Administration, the Bureau of Alcohol, Tobacco, 
     Firearms, and Explosives, the Department of the Interior, and 
     the Forest Service; and
       (B) to upgrade, through a competitive procurement process, 
     the communications network of the Department of Justice to 
     ensure coverage and capacity, particularly when immediate 
     access is needed in times of crisis, in the Southwest border 
     region for appropriate law enforcement personnel of the 
     Department of Justice (including the Drug Enforcement 
     Administration and the Bureau of Alcohol, Tobacco, Firearms, 
     and Explosives), the Department (including U.S. Immigration 
     and Customs Enforcement and U.S. Customs and Border 
     Protection), the United States Marshals Service, other 
     Federal agencies, the State of Arizona, tribes, and local 
     governments.
       (2) State and local law enforcement.--
       (A) Authorization of appropriations.--There is authorized 
     to be appropriated to the Department of Justice, during the 
     5-year period beginning on the date of the enactment of this 
     Act, such sums as may be necessary to purchase, through a 
     competitive procurement process, P25-compliant radios, which 
     may include a multi-band option, for State and local law 
     enforcement agents working in the Southwest border region.
       (B) Access to federal spectrum.--If a State, tribal, or 
     local law enforcement agency in the Southwest border region 
     experiences an emergency situation that necessitates 
     immediate communication with the Department of Justice, the 
     Department, the Department of the Interior, or any of their 
     respective subagencies, such law enforcement agency shall 
     have access to the spectrum assigned to such Federal agency 
     for the duration of such emergency situation.

     SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION INITIATIVE.

       (a) Reimbursement to State and Local Prosecutors for 
     Federally Initiated Immigration-related Criminal Cases.--The 
     Attorney General shall reimburse State, county, tribal, and 
     municipal governments for costs associated with the 
     prosecution, pre-trial services and detention, clerical 
     support, and public defenders' services associated with the 
     prosecution of federally initiated criminal cases declined by 
     local offices of the United States attorneys.
       (b) Exception.--Reimbursement under subsection (a) shall 
     not be available, at the discretion of the Attorney General, 
     if the Attorney General determines that there is reason to 
     believe that the jurisdiction seeking reimbursement has 
     engaged in unlawful conduct in connection with immigration-
     related apprehensions.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2014 through 2018 
     such sums as may be necessary to carry out this section.

     SEC. 1109. INTERAGENCY COLLABORATION.

       The Assistant Secretary of Defense for Research and 
     Engineering shall collaborate with the Under Secretary of 
     Homeland Security for Science and Technology to identify 
     equipment and technology used by the Department of Defense 
     that could be used by U.S. Customs and Border Protection to 
     improve the security of the Southern border by--
       (1) detecting border tunnels;
       (2) detecting the use of ultralight aircraft;
       (3) enhancing wide aerial surveillance; and
       (4) otherwise improving the enforcement of such border.

     SEC. 1110. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       (a) SCAAP Reauthorization.--Section 241(i)(5)(C) (8 U.S.C. 
     1231(i)(5)) is amended by striking ``2011.'' and inserting 
     ``2016.''.
       (b) SCAAP Assistance for States.--
       (1) Assistance for states incarcerating undocumented aliens 
     charged with certain

[[Page S4701]]

     crimes.--Section 241(i)(3)(A) (8 U.S.C. 1231(i)(3)(A)) is 
     amended by inserting ``charged with or'' before 
     ``convicted''.
       (2) Assistance for states incarcerating unverified 
     aliens.--Section 241(i) (8 U.S.C. 1231(i)) is amended--
       (A) by redesignating paragraphs (4), (5), and (6), as 
     paragraphs (5), (6), and (7), respectively;
       (B) in paragraph (7), as so redesignated, by striking 
     ``(5)'' and inserting ``(6)''; and
       (C) by adding after paragraph (3) the following:
       ``(4) In the case of an alien whose immigration status is 
     unable to be verified by the Secretary of Homeland Security, 
     and who would otherwise be an undocumented criminal alien if 
     the alien is unlawfully present in the United States, the 
     Attorney General shall compensate the State or political 
     subdivision of the State for incarceration of the alien, 
     consistent with subsection (i)(2).''.
       (3) Timely reimbursement.--Section 241(i) (8 U.S.C. 
     1231(i)), as amended by paragraph (2), is further amended by 
     adding at the end the following:
       ``(8) Any funds awarded to a State or a political 
     subdivision of a State, including a municipality, for a 
     fiscal year under this subsection shall be distributed to 
     such State or political subdivision not later than 120 days 
     after the last day of the application period for assistance 
     under this subsection for that fiscal year.''.

     SEC. 1111. SOUTHERN BORDER SECURITY ASSISTANCE GRANTS.

       (a) Authority.--
       (1) In general.--The Secretary, in consultation with State 
     and local law enforcement agencies, may award border security 
     assistance grants to law enforcement agencies located in the 
     Southwest border region for the purposes described in 
     subsection (b).
       (2) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to law enforcement agencies 
     located in a county that is located within 25 miles of the 
     Southern border.
       (b) Purposes.--Each grant awarded under subsection (a) 
     shall be used to address drug trafficking, smuggling, and 
     border violence--
       (1) by obtaining law enforcement equipment and tools, 
     including secure 2-way communication devices, portable 
     laptops and office computers, license plate readers, unmanned 
     aerial vehicles, unmanned aircraft systems, manned aircraft, 
     cameras with night viewing capabilities, and any other 
     appropriate law enforcement equipment;
       (2) by hiring additional personnel, including 
     administrative support personnel, dispatchers, and jailers, 
     and to provide overtime pay for such personnel;
       (3) by purchasing law enforcement vehicles;
       (4) by providing high performance aircraft and helicopters 
     for border surveillance and other critical mission 
     applications and paying for the operational and maintenance 
     costs associated with such craft;
       (5) by providing critical power generation systems, 
     infrastructure, and technological upgrades to support State 
     and local data management systems and fusion centers; or
       (6) by providing specialized training and paying for the 
     direct operating expenses associated with detecting and 
     prosecuting drug trafficking, human smuggling, and other 
     illegal activity or violence that occurs at or near the 
     Southern border.
       (c) Application.--
       (1) Requirement.--A law enforcement agency seeking a grant 
     under subsection (a), or a nonprofit organization or 
     coalition acting as an agent for 1 or more such law 
     enforcement entities, shall submit an application to the 
     Secretary that includes the information described in 
     paragraph (2) at such time and in such manner as the 
     Secretary may require.
       (2) Content.--Each application submitted under paragraph 
     (1) shall include--
       (A) a description of the activities to be carried out with 
     a grant awarded under subsection (a);
       (B) if equipment will be purchased with the grant, a 
     detailed description of--
       (i) the type and quantity of such equipment; and
       (ii) the personnel who will be using such equipment; and
       (C) a description of the need of the law enforcement agency 
     or agencies for the grant, including a description of the 
     inability of the agency or agencies to carry out the proposed 
     activities without the grant.
       (d) Review and Award.--
       (1) Review.--Not later than 90 days after receiving an 
     application submitted under subsection (c), the Secretary 
     shall review and approve or reject the application.
       (2) Award of funds.--Subject to the availability of 
     appropriations, not later than 45 days after the date an 
     application is approved under paragraph (1), the Secretary 
     shall transmit the grant funds to the applicant.
       (3) Priority.--In distributing grant funds under this 
     subsection, priority shall be given to high-intensity areas 
     for drug trafficking, smuggling, and border violence.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2014 and 2015, 
     $300,000,000 for grants authorized under this section.

     SEC. 1112. USE OF FORCE.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary, in consultation with the Assistant 
     Attorney General for the Civil Rights Division of the 
     Department of Justice, shall issue policies governing the use 
     of force by all Department personnel that--
       (1) require all Department personnel to report each use of 
     force; and
       (2) establish procedures for--
       (A) accepting and investigating complaints regarding the 
     use of force by Department personnel;
       (B) disciplining Department personnel who violate any law 
     or Department policy relating to the use of force; and
       (C) reviewing all uses of force by Department personnel to 
     determine whether the use of force--
       (i) complied with Department policy; or
       (ii) demonstrated the need for changes in policy, training, 
     or equipment.

     SEC. 1113. TRAINING FOR BORDER SECURITY AND IMMIGRATION 
                   ENFORCEMENT OFFICERS.

       (a) In General.--The Secretary shall ensure that U.S. 
     Customs and Border Protection officers, U.S. Border Patrol 
     agents, U.S. Immigration and Customs Enforcement officers and 
     agents, United States Air and Marine Division agents, 
     agriculture specialists, and, in consultation with the 
     Secretary of Defense, National Guard personnel deployed to 
     assist U.S. Customs and Border Protection under section 
     1103(c)(6)) of this Act, stationed within 100 miles of any 
     land or marine border of the United States or at any United 
     States port of entry receive appropriate training, which 
     shall be prepared in collaboration with the Assistant 
     Attorney General for the Civil Rights Division of the 
     Department of Justice, in--
       (1) identifying and detecting fraudulent travel documents;
       (2) civil, constitutional, human, and privacy rights of 
     individuals;
       (3) the scope of enforcement authorities, including 
     interrogations, stops, searches, seizures, arrests, and 
     detentions;
       (4) the use of force policies issued by the Secretary 
     pursuant to section 1112 of this Act;
       (5) immigration laws, including screening, identifying, and 
     addressing vulnerable populations, such as children, victims 
     of crime and human trafficking, and individuals fleeing 
     persecution or torture;
       (6) social and cultural sensitivity toward border 
     communities;
       (7) the impact of border operations on communities; and
       (8) any particular environmental concerns in a particular 
     area.
       (b) Training for Border Community Liaison Officers.--The 
     Secretary shall ensure that border communities liaison 
     officers in U.S. Border Patrol sectors along the Southern 
     border and the Northern border receive training to better--
       (1) act as a liaison between border communities and the 
     Office for Civil Rights and Civil Liberties of the Department 
     and the Civil Rights Division of the Department of Justice;
       (2) foster and institutionalize consultation with border 
     communities;
       (3) consult with border communities on Department programs, 
     policies, strategies, and directives; and
       (4) receive Department performance assessments from border 
     communities.
       (c) Humane Conditions of Confinement for Children in U.S. 
     Customs and Border Protection Custody.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary shall establish standards to ensure that children 
     in the custody of U.S. Customs and Border Protection--
       (1) are afforded adequate medical and mental health care, 
     including emergency medical and mental health care, if 
     necessary;
       (2) receive adequate nutrition;
       (3) are provided with climate-appropriate clothing, 
     footwear, and bedding;
       (4) have basic personal hygiene and sanitary products; and
       (5) are permitted to make supervised phone calls to family 
     members.

     SEC. 1114. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT 
                   TASK FORCE.

       (a) Establishment.--
       (1) In general.--There is established an independent task 
     force, which shall be known as the Department of Homeland 
     Security Border Oversight Task Force (referred to in this 
     section as the ``DHS Task Force'').
       (2) Duties.--The DHS Task Force shall--
       (A) review and make recommendations regarding immigration 
     and border enforcement policies, strategies, and programs 
     that take into consideration their impact on border 
     communities;
       (B) recommend ways in which the Border Communities Liaison 
     Offices can strengthen relations and collaboration between 
     communities in the border regions and the Department, the 
     Department of Justice, and other Federal agencies that carry 
     out such policies, strategies, and programs;
       (C) evaluate how the policies, strategies, and programs of 
     Federal agencies operating along the Southern border and the 
     Northern border protect the due process, civil, and human 
     rights of border residents, visitors, and migrants at and 
     near such borders; and
       (D) evaluate and make recommendations regarding the 
     training of border enforcement personnel described in section 
     1113 of this Act.
       (3) Membership.--
       (A) In general.--The DHS Task Force shall be composed of 29 
     members, appointed by the President, who have expertise in 
     migration, local crime indices, civil and human rights, 
     community relations, cross-border

[[Page S4702]]

     trade and commerce, quality of life indicators, or other 
     pertinent experience, of whom--
       (i) 12 members shall be from the Northern border region and 
     shall include--

       (I) 2 local government elected officials;
       (II) 2 local law enforcement official;
       (III) 2 civil rights advocates;
       (IV) 1 business representative;
       (V) 1 higher education representative;
       (VI) 1 private land owner representative;
       (VII) 1 representative of a faith community; and
       (VIII) 2 representatives of U.S. Border Patrol; and

       (ii) 17 members shall be from the Southern border region 
     and include--

       (I) 3 local government elected officials;
       (II) 3 local law enforcement officials;
       (III) 3 civil rights advocates;
       (IV) 2 business representatives;
       (V) 1 higher education representative;
       (VI) 2 private land owner representatives;
       (VII) 1 representative of a faith community; and
       (VIII) 2 representatives of U.S. Border Patrol.

       (B) Term of service.--Members of the Task Force shall be 
     appointed for the shorter of--
       (i) 3 years; or
       (ii) the life of the DHS Task Force.
       (C) Chair, vice chair.--The members of the DHS Task Force 
     shall elect a Chair and a Vice Chair from among its members, 
     who shall serve in such capacities for the life of the DHS 
     Task Force or until removed by the majority vote of at least 
     14 members.
       (b) Operations.--
       (1) Hearings.--The DHS Task Force may, for the purpose of 
     carrying out its duties, hold hearings, sit and act, take 
     testimony, receive evidence, and administer oaths.
       (2) Recommendations.--The DHS Task Force may make findings 
     or recommendations to the Secretary related to the duties 
     described in subsection (a)(2).
       (3) Response.--Not later than 180 days after receiving 
     findings and recommendations from the DHS Task Force under 
     paragraph (2), the Secretary shall issue a response that 
     describes how the Department has addressed, or will address, 
     such findings and recommendations. If the Secretary disagrees 
     with any finding of the DHS Task Force, the Secretary shall 
     provide an explanation for the disagreement.
       (4) Information from federal agencies.--The Chair, or 16 
     members of the DHS Task Force, may request statistics 
     relating to the duties described in subsection (a)(2) 
     directly from any Federal agency, which shall, to the extent 
     authorized by law, furnish such information, suggestions, 
     estimates, and statistics directly to the DHS Task Force.
       (5) Compensation.--Members of the DHS Task Force shall 
     serve without pay, but shall be reimbursed, subject to prior 
     approval of expense estimates by the Secretary, for 
     reasonable travel and subsistence expenses incurred in the 
     performance of their duties.
       (c) Report.--Not later than 2 years after its first 
     meeting, the DHS Task Force shall submit to the President, 
     the Secretary, and Congress a final report that contains--
       (1) findings with respect to the duties of the DHS Task 
     Force; and
       (2) recommendations regarding border and immigration 
     enforcement policies, strategies, and programs, including--
       (A) a recommendation as to whether the DHS Task Force 
     should continue to operate; and
       (B) a description of any duties the DHS Task Force should 
     be responsible for after the termination date described in 
     subsection (e).
       (d) Sunset.--The DHS Task Force shall terminate operations 
     60 days after the date on which the DHS Task Force submits 
     the report described in subsection (c).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2014 through 2017 
     such sums as may be necessary to carry out this section.

     SEC. 1115. OMBUDSMAN FOR IMMIGRATION RELATED CONCERNS OF THE 
                   DEPARTMENT OF HOMELAND SECURITY.

       (a) Establishment.--Title I of the Homeland Security Act of 
     2002 (6 U.S.C. 111 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 104. OMBUDSMAN FOR IMMIGRATION RELATED CONCERNS.

       ``(a) In General.--There shall be within the Department an 
     Ombudsman for Immigration Related Concerns (in this section 
     referred to as the `Ombudsman'). The individual appointed as 
     Ombudsman shall have a background in immigration law as well 
     as civil and human rights law. The Ombudsman shall report 
     directly to the Deputy Secretary.
       ``(b) Functions.--The functions of the Ombudsman shall be 
     as follows:
       ``(1) To receive and resolve complaints from individuals 
     and employers and assist in resolving problems with the 
     immigration components of the Department.
       ``(2) To conduct inspections of the facilities or contract 
     facilities of the immigration components of the Department.
       ``(3) To assist individuals and families who have been the 
     victims of crimes committed by aliens or violence near the 
     United States border.
       ``(4) To identify areas in which individuals and employers 
     have problems in dealing with the immigration components of 
     the Department.
       ``(5) To the extent practicable, to propose changes in the 
     administrative practices of the immigration components of the 
     Department to mitigate problems identified under paragraph 
     (4).
       ``(6) To review, examine, and make recommendations 
     regarding the immigration and enforcement policies, 
     strategies, and programs of U.S. Customs and Border 
     Protection, U.S. Immigration and Customs Enforcement, and 
     U.S. Citizenship and Immigration Services.
       ``(c) Other Responsibilities.--In addition to the functions 
     specified in subsection (b), the Ombudsman shall--
       ``(1) monitor the coverage and geographic allocation of 
     local offices of the Ombudsman, including appointing a local 
     ombudsman for immigration related concerns; and
       ``(2) evaluate and take personnel actions (including 
     dismissal) with respect to any employee of the Ombudsman.
       ``(d) Request for Investigations.--The Ombudsman shall have 
     the authority to request the Inspector General of the 
     Department of Homeland Security to conduct inspections, 
     investigations, and audits.
       ``(e) Coordination With Department Components.--The 
     Director of U.S. Citizenship and Immigration Services, the 
     Assistant Secretary of Immigration and Customs Enforcement, 
     and the Commissioner of Customs and Border Protection shall 
     each establish procedures to provide formal responses to 
     recommendations submitted to such official by the Ombudsman.
       ``(f) Annual Reports.--Not later than June 30 of each year, 
     the Ombudsman shall submit a report to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives on the objectives of the 
     Ombudsman for the fiscal year beginning in such calendar 
     year. Each report shall contain full and substantive 
     analysis, in addition to statistical information, and shall 
     set forth any recommendations the Ombudsman has made on 
     improving the services and responsiveness of U.S. Citizenship 
     and Immigration Services, U.S. Immigration and Customs 
     Enforcement, and U.S. Customs and Border Protection and any 
     responses received from the Department regarding such 
     recommendations.''.
       (b) Repeal of Superseded Authority.--Section 452 of the 
     Homeland Security Act of 2002 (6 U.S.C. 272) is repealed.
       (c) Clerical Amendments.--The table of contents for the 
     Homeland Security Act of 2002 is amended--
       (1) by inserting after the item relating to section 103 the 
     following new item:

``Sec. 104. Ombudsman for immigration related concerns.''; and
       (2) by striking the item relating to section 452.

     SEC. 1116. EMERGENCY PORT OF ENTRY PERSONNEL AND 
                   INFRASTRUCTURE FUNDING.

       (a) Staff Enhancements.--In addition to positions 
     authorized before the date of the enactment of this Act and 
     any existing officer vacancies within U.S. Customs and Border 
     Protection on such date, the Secretary shall, subject to the 
     availability of appropriations for such purpose, hire, train, 
     and assign to duty, by not later than September 30, 2018--
       (1) 5,000 full-time officers of U.S. Customs and Border 
     Protection to serve--
       (A) on all inspection lanes (primary, secondary, incoming, 
     and outgoing) and enforcement teams at United States land 
     ports of entry on the Northern border and the Southern 
     border; and
       (B) at airports to implement the biometric entry-exit 
     system in accordance with the requirements set forth in 
     section 7208 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1365b); and
       (2) 350 full-time support staff distributed among all 
     United States ports of entry.
       (b) Waiver of Personnel Limitation.--The Secretary may 
     waive any limitation on the number of full-time equivalent 
     personnel assigned to the Department in order to fulfill the 
     requirements under subsection (a).
       (c) Reports to Congress.--
       (1) Outbound inspections.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate committees of Congress a report containing 
     the Department's plans for ensuring the placement of 
     sufficient officers of U.S. Customs and Border Protection on 
     outbound inspections, and adequate outbound infrastructure, 
     at all Southern and Northern border land ports of entry.
       (2) Agricultural specialists.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary, in 
     consultation with the Secretary of Agriculture, shall submit 
     to the appropriate committees of Congress a report that 
     contains the Department's plans for ensuring the placement of 
     sufficient agriculture specialists at all Southern border and 
     Northern border land ports of entry.
       (3) Annual implementation report.--Not later than 1 year 
     after the date of the enactment of this Act, and annually 
     thereafter, the Secretary shall submit to the appropriate 
     committees of Congress a report that--
       (A) describes in detail the Department's implementation 
     plan for staff enhancements required under subsection (a);
       (B) includes the number of additional personnel assigned to 
     duty at land ports of entry by location; and
       (C) describes the methodology used to determine the 
     distribution of additional personnel to address northbound 
     and southbound cross-border inspections.

[[Page S4703]]

       (4) Appropriate committees of congress.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on the Judiciary and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) the Committee on the Judiciary and the Committee on 
     Homeland Security of the House of Representatives.
       (d) Secure Communication.--The Secretary shall ensure that 
     each officer of U.S. Customs and Border Protection is 
     equipped with a secure 2-way communication and satellite-
     enabled device, supported by system interoperability, that 
     allows such officers to communicate between ports of entry 
     and inspection stations, and with other Federal, State, 
     local, and tribal law enforcement entities.
       (e) Border Area Security Initiative Grant Program.--The 
     Secretary shall establish a grant program for the purchase of 
     detection equipment at land ports of entry and mobile, hand-
     held, 2-way communication and biometric devices for State and 
     local law enforcement officers serving on the Southern border 
     and Northern border.
       (f) Port of Entry Infrastructure Improvements.--In order to 
     aid in the enforcement of Federal customs, immigration, and 
     agriculture laws, the Commissioner of U.S. Customs and Border 
     Protection may--
       (1) design, construct, and modify United States ports of 
     entry, living quarters for officers, agents, and personnel, 
     and other structures and facilities, including those owned by 
     municipalities, local governments, or private entities 
     located at land ports of entry;
       (2) acquire, by purchase, donation, exchange, or otherwise, 
     land or any interest in land determined to be necessary to 
     carry out the Commissioner's duties under this section; and
       (3) construct additional ports of entry along the Southern 
     border and the Northern border.
       (g) Consultation.--
       (1) Locations for new ports of entry.--The Secretary shall 
     consult with the Secretary of the Interior, the Secretary of 
     Agriculture, the Secretary of State, the International 
     Boundary and Water Commission, the International Joint 
     Commission, and appropriate representatives of States, local 
     governments, Indian tribes, and property owners--
       (A) to determine locations for new ports of entry; and
       (B) to minimize adverse impacts from such ports on the 
     environment, historic and cultural resources, commerce, and 
     quality of life for the communities and residents located 
     near such ports.
       (2) Savings provision.--Nothing in this subsection may be 
     construed--
       (A) to create any right or liability of the parties 
     described in paragraph (1);
       (B) to affect the legality and validity of any 
     determination under this Act by the Secretary; or
       (C) to affect any consultation requirement under any other 
     law.
       (h) Authority To Acquire Leaseholds.--Notwithstanding any 
     other provision of law, the Secretary may acquire a leasehold 
     interest in real property, and may construct or modify any 
     facility on the leased property, if the Secretary determines 
     that the acquisition of such interest, and such construction 
     or modification, are necessary to facilitate the 
     implementation of this Act.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, for each of the 
     fiscal years 2014 through 2018, $1,000,000,000, of which 
     $5,000,000 shall be used for grants authorized under 
     subsection (e).
       (j) Offset; Rescission of Unobligated Federal Funds.--
       (1) In general.--There is hereby rescinded, from 
     appropriated discretionary funds that remain available for 
     obligation as of the date of the enactment of this Act (other 
     than the unobligated funds described in paragraph (4)), 
     amounts determined by the Director of the Office of 
     Management and Budget such that the aggregate amount of the 
     rescission equals the amount authorized to be appropriated 
     under subsection (i).
       (2) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify--
       (A) the appropriation accounts from which the rescission 
     under paragraph (1) shall apply; and
       (B) the amount of the rescission that shall be applied to 
     each such account.
       (3) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall submit a report to Congress and 
     to the Secretary of the Treasury that describes the accounts 
     and amounts determined and identified under paragraph (2) for 
     rescission under paragraph (1).
       (4) Exceptions.--This subsection shall not apply to 
     unobligated funds of--
       (A) the Department of Defense;
       (B) the Department of Veterans Affairs; or
       (C) the Department of Homeland Security.

     SEC. 1117. CROSS-BORDER TRADE ENHANCEMENT.

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

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

       (B) Considerations.--In determining whether or not to 
     approve a proposal under this subsection, the Administrator 
     shall consider--
       (i) the impact of the proposal on reducing wait times at 
     that port of entry and other ports of entry on the same 
     border;
       (ii) the potential of the proposal to increase trade and 
     travel efficiency through added capacity; and
       (iii) the potential of the proposal to enhance the security 
     of the port of entry.
       (d) Delegation.--For facilities where the Administrator has 
     delegated or transferred to the Secretary, operations, 
     ownership, or other authorities over land border ports of 
     entry, the authorities and requirements of the Administrator 
     under this section shall be deemed to apply to the Secretary.

     SEC. 1118. HUMAN TRAFFICKING REPORTING.

       (a) Short Title.--This section may be cited as the ``Human 
     Trafficking Reporting Act of 2013''.
       (b) Findings.--Congress finds the following:
       (1) Human trafficking is a form of modern-day slavery.
       (2) According to the Trafficking Victims Protection Act of 
     2000 ``severe forms of trafficking in persons'' means--
       (A) sex trafficking in which a commercial sex act is 
     induced by force, fraud, or coercion, or in which the person 
     induced to perform such act has not attained 18 years of age; 
     or
       (B) the recruitment, harboring, transportation, provision, 
     or obtaining of a person for labor or services, through the 
     use of force, fraud, or coercion for the purpose of 
     subjection to involuntary servitude, peonage, debt bondage, 
     or slavery.
       (3) There is an acute need for better data collection of 
     incidents of human trafficking across the United States in 
     order to effectively combat severe forms of trafficking in 
     persons.
       (4) The State Department's 2012 Trafficking in Persons 
     report found that--
       (A) the United States is a ``source, transit and 
     destination country for men, women, and children, subjected 
     to forced labor, debt bondage, domestic servitude and sex 
     trafficking,''; and
       (B) the United States needs to ``improve data collection on 
     human trafficking cases at the Federal, state and local 
     levels''.
       (5) The International Organization for Migration has 
     reported that in order to effectively combat human 
     trafficking there must be reliable and standardized data, 
     however, the following barriers for data collection exist:
       (A) The illicit and underground nature of human 
     trafficking.
       (B) The reluctance of victims to share information with 
     authorities.
       (C) Insufficient human trafficking data collection and 
     research efforts by governments world wide.

[[Page S4704]]

       (6) A 2009 report to the Department of Health and Human 
     Services entitled Human Trafficking Into and Within the 
     United States: A Review of the Literature found that ``the 
     data and methodologies for estimating the prevalence of human 
     trafficking globally and nationally are not well developed, 
     and therefore estimates have varied widely and changed 
     significantly over time''.
       (7) The Federal Bureau of Investigation compiles national 
     crime statistics through the Uniform Crime Reporting Program.
       (8) Under current law, State and local governments 
     receiving Edward Byrne Memorial Justice Assistance grants are 
     required to share data on part 1 violent crimes with the 
     Federal Bureau of Investigation for inclusion in the Uniform 
     Crime Reporting Program.
       (9) The addition of severe forms of trafficking in persons 
     to the definition of part 1 violent crimes will ensure that 
     statistics on this heinous crime will be compiled and 
     available through the Federal Bureau of Investigation's 
     Uniform Crime Report.
       (c) Human Trafficking To Be Included in Part 1 Violent 
     Crimes for Purposes of Byrne Grants.--Section 505 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3755) is amended by adding at the end the following new 
     subsection:
       ``(i) Part 1 Violent Crimes To Include Human Trafficking.--
     For purposes of this section, the term `part 1 violent 
     crimes' shall include severe forms of trafficking in persons, 
     as defined in section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102).''.

     SEC. 1119. PROHIBITION ON LAND BORDER CROSSING FEES.

       The Secretary shall not establish, collect, or otherwise 
     impose a border crossing fee for pedestrians or passenger 
     vehicles at land ports of entry along the Southern border or 
     the Northern border, nor conduct any study relating to the 
     imposition of such a fee.

     SEC. 1120. DELEGATION.

       The Secretary may delegate any authority provided to the 
     Secretary under this Act or an amendment made by this Act to 
     the Secretary of Agriculture, the Attorney General, the 
     Secretary of Defense, the Secretary of Health and Human 
     Services, the Secretary of State, or the Commissioner of 
     Social Security.

     SEC. 1121. SEVERABILITY.

       If any provision of this Act or any amendment made by this 
     Act, or any application of such provision or amendment to any 
     person or circumstance, is held to be unconstitutional, the 
     remainder of the provisions of this Act and the amendments 
     made by this Act and the application of the provision or 
     amendment to any other person or circumstance shall not be 
     affected.

     SEC. 1122. RULE OF CONSTRUCTION.

       Nothing in this Act may be construed to authorize the 
     deployment, procurement, or construction of fencing along the 
     Northern border.

       On page 1008, strike line 18 and all that follows through 
     page 1009, line 22, and insert the following:
       ``(2) Required disclosures.--The Secretary shall provide 
     the information furnished in an application filed under 
     section 245B, 245C, 245D, or 245F or section 2211 of the 
     Border Security, Economic Opportunity, and Immigration 
     Modernization Act, and any other information derived from 
     such furnished information to--
       ``(A) a law enforcement agency, intelligence agency, 
     national security agency, a component of the Department of 
     Homeland Security, court, or grand jury, in each instance 
     about an individual suspect or group of suspects, consistent 
     with law, in connection with--
       ``(i) a criminal investigation or prosecution;
       ``(ii) a national security investigation or prosecution; or
       ``(iii) a duly authorized investigation of a civil 
     violation; and
       ``(B) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       ``(3) Inapplicability after denial.--The limitations set 
     forth in paragraph (1)--
       ``(A) shall apply only until--
       ``(i) an application filed under section 245B, 245C, 245D, 
     or 245F or section 2211 of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act is denied; and
       ``(ii) all opportunities for administrative appeal of the 
     denial have been exhausted; and
       ``(B) shall not apply to the use of the information 
     furnished pursuant to such application in any removal 
     proceeding or other criminal or civil case or action relating 
     to an alien whose application has been granted that is based 
     upon any violation of law committed or discovered after such 
     grant.
       ``(4) Criminal convictions.--Notwithstanding any other 
     provision of this section, information concerning whether the 
     applicant has, at any time, been convicted of a crime may be 
     used or released for immigration enforcement and law 
     enforcement purposes.
       ``(5) Auditing and evaluation of information.--The 
     Secretary may--
       ``(A) audit and evaluate information furnished as part of 
     any application filed under section 245B, 245C, 245D, or 245F 
     for purposes of identifying immigration fraud or fraud 
     schemes; and
       ``(B) use any evidence detected by means of audits and 
     evaluations for purposes of investigating, prosecuting, 
     referring for prosecution, or denying or terminating 
     immigration benefits.
       ``(6) Use of information in petitions and applications 
     subsequent to adjustment of status.--If the Secretary has 
     adjusted an alien's status to that of an alien lawfully 
     admitted for permanent residence pursuant to section 245C, 
     245D, or 245F, the Secretary, at any time thereafter, may use 
     the information furnished by the alien in the application for 
     adjustment of status or in an application for status under 
     section 245B, 245C, 245D, or 245F to make a determination on 
     any petition or application.
       ``(7) Construction.--Nothing in this section may be 
     construed to limit the use or release, for immigration 
     enforcement purposes, of information contained in files or 
     records of the Secretary or the Attorney General pertaining 
     to applications filed under section 245B, 245C, 245D, or 245F 
     other than information furnished by an applicant in the 
     application, or any other information derived from the 
     application, that is not available from any other source.

       Beginning on page 945, strike line 21 and all that follows 
     through page 946, line 12 and insert the following:

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

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

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

       On page 948, beginning on line 14, strike ``subparagraph 
     (A)(i)(III) or''.

       On page 955, strike lines 1 through 5 and insert the 
     following:
       ``(C) Interview.--In order to determine whether an 
     applicant meets the eligibility requirements set forth in 
     subsection (b), the Secretary shall interview each such 
     applicant.

       Beginning on page 956 strike line 7 and all that follows 
     through page 961, line 13.

       Beginning on page 1014, strike line 1 and all that follows 
     through page 1020, line 2.

       After section 2009 insert the following:

     SEC. 2110. VISA INFORMATION SHARING.

       Section 222(f) (8 U.S.C. 1202(f)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``issuance or refusal'' and inserting ``issuance, refusal, or 
     revocation''; and
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``discretion and on the basis of reciprocity,'' and inserting 
     ``discretion,'';
       (B) by amending subparagraph (A) to read as follows:
       ``(A) with regard to individual aliens, at any time on a 
     case-by-case basis for the purpose of--
       ``(i) preventing, investigating, or punishing acts that 
     would constitute a crime in the United States, including, but 
     not limited to, terrorism or trafficking in controlled 
     substances, persons, or illicit weapons; or
       ``(ii) determining a person's removability or eligibility 
     for a visa, admission, or other immigration benefit;''; and
       (C) in subparagraph (B)--
       (i) by striking ``for the purposes'' and inserting ``for 
     one of the purposes''; and
       (ii) by striking ``or to deny visas to persons who would be 
     inadmissible to the United States.'' and inserting ``; or''; 
     and
       (D) by adding at the end the following:
       ``(C) with regard to any or all aliens in the database-
     specified data elements from each record, if the Secretary of 
     State determines that it is in the national interest to 
     provide such information to a foreign government.''.

       On page 1579, line 11, insert ``less than 5 years nor'' 
     after ``not''.

       On page 1579, line 15, by inserting ``not less than 10'' 
     after ``years''; and

       On page 1579, between lines 15 and 16, insert the 
     following:
       ``(8) in the case of a violation that is the third or more 
     subsequent offense committed by such person under this 
     section or section 1324, shall be fined under title 18, 
     imprisoned not less than 5 years nor more than 40 years, or 
     both; or
       ``(9) in the case of a violation that negligently, 
     recklessly, knowingly, or intentionally results in a victim 
     being involuntarily forced into labor or prostitution, shall

[[Page S4705]]

     be fined under title 18, imprisoned not less than 5 years nor 
     more than 40 years, or both.

       On page 1582, between lines 14 and 15 insert the following:
       (d) Targeting Transnational Criminal Organizations That 
     Engage in Money Laundering.--Section 1956(c)(7) of title 18, 
     United States Code is amended--
       (1) in subparagraph (E), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (F), by inserting ``or'' after the 
     semicolon; and
       (3) by adding at the end the following--
       ``(G) any act which is indictable under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), including section 
     274 of such Act (relating to bringing in and harboring 
     certain aliens), section 277 of such Act (relating to aiding 
     or assisting certain aliens to enter the United States), or 
     section 278 of such Act (relating to importation of an alien 
     for immoral purpose);''.

     SEC. 3713. DANGEROUS HUMAN SMUGGLING, HUMAN TRAFFICKING, AND 
                   HUMAN RIGHTS VIOLATIONS.

       (a) Bringing in and Harboring Certain Aliens.--Section 274 
     (8 U.S.C. 1324) is amended--
       (1) in subsection (a)(1)(B)--
       (A) by redesignating clauses (iii) and (iv) as clauses (vi) 
     and (vii), respectively;
       (B) by inserting after clause (ii) the following:
       ``(iii) in the case of a violation of subparagraph (A)(i), 
     (ii), (iii), (iv), or (v) that is the third or subsequent 
     offense committed by such person under this section, shall be 
     fined under title 18, imprisoned not less than 5 years nor 
     more than 25 years, or both;
       ``(iv) in the case of a violation of subparagraph (A)(i), 
     (ii), (iii), (iv), or (v) that negligently, recklessly, 
     knowingly, or intentionally results in a victim being 
     involuntarily forced into labor or prostitution, shall be 
     fined under title 18, imprisoned not less than 5 years nor 
     more than 25 years, or both;
       ``(v) in the case of a violation of subparagraph 
     (A)(i),(ii),(iii),(iv),or(v) during and in relation to which 
     any person is subjected to an involuntary sexual act (as 
     defined in section 2246(2) of title 18), be fined under title 
     18, imprisoned for not less than 5 years, nor more than 25 
     years, or both;'' and
       (C) in clause (vi), as redesignated, by striking inserting 
     ``and not less than 10'' before ``years''; and
       (2) by amending subsection (b)(1) to read as follows:
       ``(1) In general.--Any property, real or personal, involved 
     in or used to facilitate the commission of a violation or 
     attempted violation of subsection (a) of this section, the 
     gross proceeds of such violation or attempted violation, and 
     any property traceable to such property or proceeds, shall be 
     seized and subject to forfeiture.''.

     SEC. 3714. RESPECT FOR VICTIMS OF HUMAN SMUGGLING.

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

     SEC. 3715. PUTTING THE BRAKES ON HUMAN SMUGGLING ACT.

       (a) Short Title.--This section may be cited as the 
     ``Putting the Brakes on Human Smuggling Act''.
       (b) First Violation.--Paragraph (1) of section 31310(b) of 
     title 49, United States Code, is amended--
       (1) in subparagraph (D), by striking the ``or'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting a semicolon and ``or''; and
       (3) by adding at the end the following:
       ``(F) using a commercial motor vehicle in willfully and 
     knowingly aiding or abetting an alien's illegal entry into 
     the United States by transporting, guiding, directing, or 
     attempting to assist the alien with the alien's entry in 
     violation of section 275 of the Immigration and Nationality 
     Act (8 U.S.C. 1325), regardless of whether the alien is 
     ultimately fined or imprisoned for an act in violation of 
     such section.''.
       (c) Second or Multiple Violations.--Paragraph (1) of 
     section 31310(c) of title 49, United States Code, is 
     amended--
       (1) in subparagraph (E), by striking the ``or'' at the end;
       (2) by redesignating subparagraph (F) as subparagraph (G);
       (3) in subparagraph (G), as so redesignated, by striking 
     ``(E)'' and inserting ``(F)''; and
       (4) by inserting after subparagraph (E) the following:
       ``(F) using a commercial motor vehicle on more than one 
     occasion in willfully and knowingly aiding or abetting an 
     alien's illegal entry into the United States by transporting, 
     guiding, directing, and attempting to assist the alien with 
     the alien's entry in violation of section 275 of the 
     Immigration and Nationality Act (8 U.S.C. 1325), regardless 
     of whether the alien is ultimately fined or imprisoned for an 
     act in violation of such section; or''.
       (d) Lifetime Disqualification.--Subsection (d) of section 
     31310 of title 49, United States Code, is amended to read as 
     follows:
       ``(d) Lifetime Disqualification.--The Secretary shall 
     disqualify from operating a commercial motor vehicle for life 
     an individual who uses a commercial motor vehicle--
       ``(1) in committing a felony involving manufacturing, 
     distributing, or dispensing a controlled substance, or 
     possessing with the intent to manufacture, distribute, or 
     dispense a controlled substance; or
       ``(2) in committing an act for which the individual is 
     convicted under--
       ``(A) section 274 of the Immigration and Nationality Act (8 
     U.S.C. 1324); or
       ``(B) section 277 of such Act (8 U.S.C. 1327).''.
       (e) Reporting Requirements.--
       (1) Commercial driver's license information system.--
     Paragraph (1) of section 31309(b) of title 49, United States 
     Code, is amended--
       (A) in subparagraph (E), by striking ``and'' at the end;
       (B) in subparagraph (F), by striking the period at the end 
     and inserting a semicolon and ``and''; and
       (C) by adding at the end the following new subparagraph:
       ``(G) whether the operator was disqualified, either 
     temporarily or for life, from operating a commercial motor 
     vehicle under section 31310, including under subsection 
     (b)(1)(F), (c)(1)(F), or (d) of such section.''.
       (2) Notification by the state.--Paragraph (8) of section 
     31311(a) of title 49, United States Code, is amended by 
     inserting ``including such a disqualification, revocation, 
     suspension, or cancellation made pursuant to a 
     disqualification under subsection (b)(1)(F), (c)(1)(F), or 
     (d) of section 31310,'' after ``60 days,''.

     SEC. 3716. DRUG TRAFFICKING AND CRIMES OF VIOLENCE.

       (1) In general.--Title 18, United States Code, is amended 
     by inserting after chapter 51 the following:

  ``CHAPTER 52--DRUG TRAFFICKING AND CRIMES OF VIOLENCE COMMITTED BY 
                             ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for drug trafficking and crimes committed by 
              illegal aliens.

     ``Sec. 1131 Enhanced penalties for drug trafficking and 
       crimes committed by illegal aliens

       ``(a) In General.--Any alien unlawfully present in the 
     United States, who commits, or conspires or attempts to 
     commit, a crime of violence or a drug trafficking crime (as 
     defined in section 924), shall be fined under this title and 
     sentenced to not less than 5 years in prison.
       ``(b) Enhance Penalties for Aliens Ordered Removed.--If an 
     alien who violates subsection (a) was previously ordered 
     removed under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.) on the grounds of having committed a crime, the 
     alien shall be sentenced to not less than 15 years in prison.
       ``(c) Requirement for Consecutive Sentences.--A sentence of 
     imprisonment imposed under this section shall run 
     consecutively to any other sentence of imprisonment imposed 
     for any other crime.''.
       (2) Clerical amendment.--The table of chapters at the 
     beginning of part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 51 
     the following:

``52. Drug Trafficking and Crimes of Violence Committed by Illegal 
    Aliens..................................................1131''.....

     SEC. 3717. ILLEGAL BORDER CROSSING FOR THE PURPOSE OF 
                   TERRORISM.

       Section 275(a) (8 U.S.C. 1325(a)) is amended to read as 
     follows:
       ``(a) Improper Time or Place; Avoidance of Examination or 
     Inspection; Misrepresentation and Concealment of Facts.--
       ``(1) In general.--Except as provided under paragraph (2), 
     any alien who--
       ``(A) enters or attempts to enter the United States at any 
     time or place other than as designated by immigration 
     officers;
       ``(B) eludes examination or inspection by immigration 
     officers; or
       ``(C) attempts to enter or obtains entry to the United 
     States by a willfully false or misleading representation or 
     the willful concealment of a material fact, shall, for the 
     first commission of any such offense, be fined under title 
     18, United States Code, imprisoned for not more than 6 
     months, or both, and, for a subsequent commission of any such 
     offense, be fined under such title 18, imprisoned for not 
     more than 2 years, or both.
       ``(2) Enhanced penalties.--Any alien who commits an offense 
     described in paragraph

[[Page S4706]]

     (1) with the intent to aid, abet, or engage in any Federal 
     crime of terrorism (as defined in section 2332b(f) of title 
     18, United States Code) shall be imprisoned for not less than 
     15 years and not more than 30 years.''.

     SEC. 3718. FREEZING BANK ACCOUNTS OF INTERNATIONAL CRIMINAL 
                   ORGANIZATIONS AND MONEY LAUNDERERS.

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

     SEC. 3719. CRIMINAL PROCEEDS LAUNDERED THROUGH PREPAID ACCESS 
                   DEVICES, DIGITAL CURRENCIES, OR OTHER SIMILAR 
                   INSTRUMENTS.

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

     SEC. 3720. FIGHTING MONEY SMUGGLING THROUGH BLANK CHECKS IN 
                   BEARER FORM.

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

     SEC. 3721. CLOSING THE LOOPHOLE ON DRUG CARTEL ASSOCIATES 
                   ENGAGED IN MONEY LAUNDERING.

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

     SEC. 3722. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION; 
                   EMERGENCY AUTHORITY.

       (a) In General.--The United States Sentencing Commission 
     shall review and, if appropriate, amend the Federal 
     sentencing guidelines and policy statements as the Commission 
     considers appropriate to respond to this Act.
       (b) Emergency Authority.--In carrying out subsection (a), 
     the Commission may promulgate amendments to the Federal 
     sentencing guidelines and policy statements in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987 (28 U.S.C. 994 note), as though the 
     authority under that Act had not expired.

       At the appropriate place, insert the following:

     SEC. __. PROSECUTING VISA OVERSTAYS.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall immediately 
     initiate removal proceedings against not less than 90 percent 
     of aliens admitted as nonimmigrants after such date of 
     enactment who the Secretary has determined have exceeded 
     their authorized period of admission.
       (b) Report.--The Secretary shall submit to Congress a 
     report on a quarterly basis that sets out the following:
       (1) The total number of aliens who the Secretary has 
     determined in that quarter have exceeded their authorized 
     period of stay as nonimmigrants.
       (2) The total number of aliens described in paragraph (1) 
     against whom the Secretary has initiated removal proceedings 
     during that quarter.
                                 ______
                                 
  SA 1395. Mr. KING 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 3412 and insert the following:

     SEC. 3412. EMPLOYMENT AUTHORIZATION FOR ASYLEES.

       Paragraph (2) of section 208(d) (8 U.S.C. 1158(d)) is 
     amended to read as follows:
       ``(2) Employment.--An applicant for asylum shall be 
     eligible for employment in the United States at the time the 
     applicant's asylum application is submitted.''.
                                 ______
                                 
  SA 1396. Mr. WHITEHOUSE 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 subtitle D of title IV, add the following:

     SEC. 4416. NATIONAL SECURITY INVESTIGATIONS.

       (a) S Nonimmigrant Status.--Section 101(a) is amended--
       (1) in paragraph (15)(S)(i)(III), by inserting ``or 
     national security investigation'' after ``authorized criminal 
     investigation''; and
       (2) by redesignating paragraph (23) as paragraph (24); and
       (3) by inserting after paragraph (22) the following:
       ``(23) The term `national security investigation' includes 
     investigations conducted

[[Page S4707]]

     by appropriate personnel of the Department of Justice or an 
     element of the intelligence community (as that term is 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 3003(4))).''.
       (b) Report on S Nonimmigrants.--Section 214(k)(4) (8 U.S.C. 
     1184(k)(4)) is amended--
       (1) in subparagraph (B), by inserting ``or national 
     security investigations'' after ``prosecutions or 
     investigations'';
       (2) in subparagraph (D), by striking ``successful criminal 
     prosecution or investigation'' inserting ``successful 
     criminal prosecution or investigation, successful national 
     security investigation,''.
       (c) Adjustment to Permanent Resident Status.--Section 
     245(j)(1)(B) (8 U.S.C. 1255(j)(1)(B)) is amended by inserting 
     ``national security investigation or'' after ``criminal 
     investigation or''.
                                 ______
                                 
  SA 1397. Mr. WHITEHOUSE 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. __. ECONOMIC ESPIONAGE, TRADE SECRET THEFT, AND COMPUTER 
                   FRAUD.

       Section of 801 the Admiral James W. Nance and Meg Donovan 
     Foreign Relations Authorization Act, Fiscal Years 2000 and 
     2001 (as enacted into law by section 1000(a)(7) of Public Law 
     106-113 and contained in appendix G of that Act; 113 Stat. 
     1501A-405; 8 U.S.C. 1182e) is amended by adding at the end 
     the following:
       ``(d) Economic Espionage, Trade Secret Theft, and Computer 
     Fraud.--
       ``(1) Requirement for assessment.--Not later than 180 days 
     after the date of the enactment of the Border Security, 
     Economic Opportunity, and Immigration Modernization Act, and 
     annually thereafter, the Director of National Intelligence, 
     in consultation with the Attorney General, shall identify and 
     report to the President foreign entities, including entities 
     owned or controlled by the government of a foreign country, 
     that request, engage in, support, or knowingly facilitate or 
     benefit from violations of section 1030, 1831, or 1832 of 
     title 18, United States Code.
       ``(2) Other requirements.--Each report submitted under 
     paragraph (1) shall be based on available intelligence and 
     submitted to the President in an appropriate form.
       ``(3) Denial or conditioning of visas.--
       ``(A) Designation of entities.--The President may designate 
     a foreign entity identified pursuant to paragraph (1) as an 
     entity responsible for economic espionage, trade secret 
     theft, or computer fraud.
       ``(B) Denial or conditioning of visas of aliens affiliated 
     with designated entities.--The President may--
       ``(i) authorize the Secretary of State to deny or impose 
     conditions on the issuance of visas to aliens who are, or 
     during the past 10 years have been, affiliated with 
     designated entities; and
       ``(ii) authorize the Secretary of Homeland Security to deny 
     or impose conditions on admission to aliens who are, or 
     during the past 10 years have been, affiliated with 
     designated entities.
       ``(C) Aliens affiliated with designated entities.--For the 
     purpose of subparagraph (B) the term `affiliated with 
     designated entities', with respect to an alien, includes 
     aliens who requested, engaged in, supported, or knowingly 
     facilitated or benefitted from a violation of section 1830, 
     1831, or 1832 of title 18, United States Code, that was 
     committed on behalf of an entity designated by the President 
     under subparagraph (A).
       ``(4) Waiver.--The Secretary of State or the Secretary of 
     Homeland Security may, in consultation with the Director of 
     National Intelligence, determine, in such Secretary's 
     discretion, that because of an alien's cooperation with the 
     United States government or other extenuating circumstances, 
     it is not in the national interest to impose sanctions on an 
     alien under paragraph (3).
       ``(5) Exception.--A sanction may not be imposed under 
     paragraph (3) in the case of an alien who is a head of state, 
     head of government, or cabinet-level minister, or if 
     admitting the alien to the United States is necessary to 
     permit the United States to comply with the Agreement between 
     the United Nations and the United States of America regarding 
     the Headquarters of the United Nations, signed June 26, 1947, 
     and entered into force November 21, 1947, and other 
     applicable international obligations.''.
                                 ______
                                 
  SA 1398. Mr. ENZI 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 1448, between lines 5 and 6, insert the following:

     SEC. 3204. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE 
                   REFUNDABLE PORTION OF THE CHILD TAX CREDIT.

       (a) In General.--Subsection (d) of section 24 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     paragraph (4) the following new paragraph:
       ``(5) Identification requirement with respect to 
     taxpayer.--
       ``(A) In general.--Paragraph (1) shall not apply to any 
     taxpayer for any taxable year unless the taxpayer includes 
     the taxpayer's social security number on the return of tax 
     for such taxable year.
       ``(B) Joint return.--In the case of a joint return, the 
     requirement of subparagraph (A) shall be treated as met if 
     the social security number of either spouse is included on 
     such return.
       ``(C) Limitation.--Subparagraph (A) shall not apply to the 
     extent the tentative minimum tax (as defined in section 
     55(b)(1)(A)) exceeds the credit allowed under section 32.''.
       (b) Omission Treated as Mathematical or Clerical Error.--
     Subparagraph (I) of section 6213(g)(2) of the Internal 
     Revenue Code of 1986 is amended to read as follows:

       ``(I) an omission of a correct social security number 
     required to be included on a return under section 24(d)(5) 
     (relating to refundable portion of child tax credit), or a 
     correct TIN required to be included on a return under section 
     24(e) (relating to child tax credit),''.

       (c) Conforming Amendment.--Subsection (e) of section 24 of 
     the Internal Revenue Code of 1986 is amended by inserting 
     ``With Respect to Qualifying Children'' after 
     ``Identification Requirement'' in the heading thereof.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 3205. RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED 
                   REFUNDABLE PORTION OF THE CHILD TAX CREDIT IN 
                   PRIOR YEAR.

       (a) In General.--Subsection (d) of section 24 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     paragraph (5) the following new paragraph:
       ``(6) Restrictions on taxpayers who improperly claimed 
     credit in prior year.--
       ``(A) Taxpayers making prior fraudulent or reckless 
     claims.--
       ``(i) In general.--No credit shall be allowed under this 
     subsection for any taxable year in the disallowance period.
       ``(ii) Disallowance period.--For purposes of clause (i), 
     the disallowance period is--

       ``(I) the period of 10 taxable years after the most recent 
     taxable year for which there was a final determination that 
     the taxpayer's claim of credit under this subsection was due 
     to fraud, and
       ``(II) the period of 2 taxable years after the most recent 
     taxable year for which there was a final determination that 
     the taxpayer's claim of credit under this subsection was due 
     to reckless or intentional disregard of rules and regulations 
     (but not due to fraud).

       ``(B) Taxpayers making improper prior claims.--In the case 
     of a taxpayer who is denied credit under this subsection for 
     any taxable year as a result of the deficiency procedures 
     under subchapter B of chapter 63, no credit shall be allowed 
     under this subsection for any subsequent taxable year unless 
     the taxpayer provides such information as the Secretary may 
     require to demonstrate eligibility for such credit.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 3206. CHECKLIST FOR PAID PREPARERS TO VERIFY ELIGIBILITY 
                   FOR REFUNDABLE PORTION OF THE CHILD TAX CREDIT; 
                   PENALTY FOR FAILURE TO MEET DUE DILIGENCE 
                   REQUIREMENTS.

       (a) In General.--The Secretary of the Treasury (or the 
     Secretary's delegate) shall prescribe a form (similar to Form 
     8867) which is required to be completed by paid income tax 
     return preparers in connection with claims for the refundable 
     portion of the child tax credit under section 24(d) of the 
     Internal Revenue Code of 1986.
       (b) Penalty.--Section 6695 of the Internal Revenue Code of 
     1986 (relating to other assessable penalties with respect to 
     the preparation of tax returns for other persons) is amended 
     by adding at the end the following new subsection:
       ``(h) Failure to Be Diligent in Determining Eligibility for 
     Refundable Portion of Child Tax Credit.--Any person who is a 
     tax return preparer with respect to any return or claim for 
     refund who fails to comply with due diligence requirements 
     imposed by the Secretary by regulations with respect to 
     determining eligibility for, or the amount of, the credit 
     allowable by section 24(d) shall pay a penalty of $500 for 
     each such failure.''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1399. 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 1471, strike line 15 and all that follows 
     through page 1474, line 16.
                                 ______
                                 
  SA 1400. 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 1475, strike line 3 and all that follows 
     through the matter following line 10 on page 1482.
                                 ______
                                 
  SA 1401. Mr. GRASSLEY submitted an amendment intended to be proposed

[[Page S4708]]

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 1469, strike line 5 and all that follows 
     through page 1471, line 2.
                                 ______
                                 
  SA 1402. 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 1474, strike line 17 and all that follows 
     through page 1475, line 2.
                                 ______
                                 
  SA 1403. Ms. HIRONO (for herself, Mrs. Murray, Ms. Murkowski, Mrs. 
Boxer, Mrs. Gillibrand, Ms. Cantwell, Ms. Stabenow, Ms. Klobuchar, Ms. 
Warren, Ms. Baldwin, Ms. Mikulski, 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 1145, line 20, strike ``120,000'' and insert 
     ``150,000''.
       On page 1148, line 6, insert ``of the visas remaining after 
     the allocation under subparagraph (C)''after ``50 percent''.
       On page 1148, line 9, insert ``of the visas remaining after 
     the allocation under subparagraph (C)''after ``50 percent''.
       On page 1148, between lines 11 and 12, insert the 
     following:
       ``(C) 30,000 shall be available to applicants with the 
     highest number of points allocated under tier 3 in paragraph 
     (6).
       On page 1148, line 13, strike ``to tier 1 or tier 2'' and 
     insert ``under tier 1, tier 2, or tier 3''.
       On page 1154, line 21, strike ``(6)'' and insert the 
     following:
       ``(6) Tier 3.--The Secretary shall allocate points to each 
     alien seeking to be a tier 3 merit-based immigrant as 
     follows:
       ``(A) Employment experience.--An alien shall be allocated 2 
     points for each year the alien has been lawfully employed in 
     the United States, for a total of not more than 10 points.
       ``(B) Special employment criteria.--An alien who is 
     employed full-time in the United States (or has an offer of 
     full-time employment) in a health services occupation, 
     including direct caregiver, informal caregiver, home health 
     provider, or nurse; a clerical or professional services 
     occupation; a teaching occupation, including early or 
     informal learning provider, teacher assistant, and elementary 
     or secondary teacher; a culinary occupation; an environmental 
     service and maintenance occupation; a retail customer 
     services occupation; or a small business operated by a 
     sibling or parent who is a United States citizen, shall be 
     allocated 10 points.
       ``(C) Caregiver.--An alien who is, has been, or will be a 
     primary caregiver shall be allocated 10 points.
       ``(D) Civic involvement.--An alien who has demonstrated 
     significant civic involvement, including humanitarian and 
     volunteer activities, shall be allocated 2 points.
       ``(E) Siblings and married sons and daughters of 
     citizens.--An alien who is the sibling of a United States 
     citizen or is older than 31 years of age and is the married 
     son or married daughter of a United States citizen shall be 
     allocated 10 points.
       ``(F) Humanitarian concerns.--An alien who is, has been, or 
     will be the primary caregiver of a United States citizen 
     suffering an extreme hardship or the last surviving sibling 
     or last surviving son or daughter of a United States citizens 
     shall be allocated 10 points.
       ``(G) Age.--An alien who is--
       ``(i) between 18 and 25 years of age shall be allocated 8 
     points;
       ``(ii) between 25 and 33 years of age shall be allocated 6 
     points; or
       ``(iii) between 33 and 37 years of age shall be allocated 4 
     points.
       ``(H) Country of origin.--An alien who is a national of a 
     country of which fewer than 50,000 nationals were lawfully 
     admitted for permanent residence in the United States in the 
     previous 5 years shall be allocated 5 points.
       ``(7)
       On page 1155, line 5, strike ``(7)'' and insert ``(8)''.
       On page 1155, line 10, strike ``(8)'' and insert ``(9)''.
       On page 1155, line 15, strike ``(9)'' and insert ``(10)''.
                                 ______
                                 
  SA 1404. Mr. ISAKSON 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 954, beginning on line 3, strike ``and'' and all 
     that follows through ``(III)'' on line 4, and insert the 
     following:

       ``(III) an affidavit from aliens who are 18 years of age or 
     older stating that the alien--

       ``(aa) unlawfully entered the United States on or before 
     December 31, 2011; or
       ``(bb) remained in the United States after the expiration 
     of a valid visa, which expiration occurred before the date of 
     the enactment of the Border Security, Economic Opportunity, 
     and Immigration Modernization Act.

       ``(IV)

       On page 1044, line 23, strike the period at the end and 
     insert the following: ", including an affidavit from aliens 
     who are 18 years of age or older stating that the alien--
       (i) unlawfully entered the United States on or before 
     December 31, 2012; or
       (ii) remained in the United States after the expiration of 
     a valid visa, which expiration occurred before the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 1405. Ms. STABENOW 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 1469, between lines 4 and 5, insert the following:

         CHAPTER 1--IMPROVEMENTS TO ASYLUM AND REFUGEE PROGRAMS

       On page 1490, between lines 2 and 3, insert the following:

                CHAPTER 2--DOMESTIC REFUGEE RESETTLEMENT

     SEC. 3421. SHORT TITLE.

       This chapter may be cited as the ``Domestic Refugee 
     Resettlement Reform and Modernization Act of 2013''.

     SEC. 3422. DEFINITIONS.

       In this chapter:
       (1) Community-based organization.--The term ``community-
     based organization'' means a nonprofit organization providing 
     a variety of social, health, educational and community 
     services to a population that includes refugees resettled 
     into the United States.
       (2) Director.--The term ``Director'' means the Director of 
     the Office of Refugee Resettlement.
       (3) National resettlement agency.--The term ``national 
     resettlement agency'' means a voluntary agency contracting 
     with the Department of State to provide sponsorship and 
     initial resettlement services to refugees entering the United 
     States.

     SEC. 3423. ASSESSMENT OF THE REFUGEE DOMESTIC RESETTLEMENT 
                   PROGRAM.

       (a) In General.--As soon as practicable after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct a study regarding the 
     effectiveness of the domestic refugee resettlement programs 
     operated by the Office of Refugee Resettlement.
       (b) Matters To Be Studied.--In the study required under 
     subsection (a), the Comptroller General shall determine and 
     analyze--
       (1) how the Office of Refugee Resettlement defines self-
     sufficiency and if this definition is adequate in addressing 
     refugee needs in the United States;
       (2) the effectiveness of Office of Refugee Resettlement 
     programs in helping refugees to meet self-sufficiency and 
     integration;
       (3) the Office of Refugee Resettlement's budgetary 
     resources and project the amount of additional resources 
     needed to fully address the unmet needs of refugees with 
     regard to self-sufficiency and integration;
       (4) the role of community-based organizations in serving 
     refugees in areas experiencing a high number of new refugee 
     arrivals;
       (5) how community-based organizations can be better 
     utilized and supported in the Federal domestic resettlement 
     process; and
       (6) recommended statutory changes to improve the Office of 
     Refugee Resettlement and the domestic refugee program in 
     relation to the matters analyzed under paragraphs (1) through 
     (5).
       (c) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     the results of the study required under subsection (a) to 
     Congress.

     SEC. 3424. REFUGEE ASSISTANCE.

       (a) Assistance Made Available to Secondary Migrants.--
     Section 412(a)(1) (8 U.S.C. 1522(a)(1)) is amended by adding 
     at the end the following:
       ``(C) When providing assistance under this section, the 
     Director shall ensure that such assistance is provided to 
     refugees who are secondary migrants and meet all other 
     eligibility requirements for such services.''.
       (b) Report on Secondary Migration.--Section 412(a)(3) (8 
     U.S.C. 1522(a)(3)) is amended--
       (1) by inserting ``(A)'' after ``(3)'';
       (2) by striking ``a periodic'' and inserting ``an annual''; 
     and
       (3) by adding at the end the following:
       ``(B) At the end of each fiscal year, the Director shall 
     submit a report to Congress that includes--
       ``(i) States experiencing departures and arrivals due to 
     secondary migration;
       ``(ii) likely reasons for such migration;
       ``(iii) the impact of secondary migration on States hosting 
     secondary migrants;
       ``(iv) the availability of social services for secondary 
     migrants in those States; and
       ``(v) the unmet needs of those secondary migrants.''.
       (c) Amendments to the Social Services Funding.--Section 
     412(c)(1)(B) (8 U.S.C. 1522(c)(1)(B)) is amended--
       (1) by inserting ``a combination of--'' after ``based on''; 
     and
       (2) by striking ``the total number'' and inserting the 
     following:
       ``(i) the total number''; and
       (3) by striking the period at the end and inserting a 
     semicolon; and

[[Page S4709]]

       (4) by adding at the end the following:
       ``(ii) the total number of all other eligible populations 
     served by the Office during the period described who are 
     residing in the State as of the beginning of the fiscal year; 
     and
       ``(iii) projections on the number and nature of incoming 
     refugees and other populations served by the Office during 
     the subsequent fiscal year.''.
       (d) Notice and Rulemaking.--Not later than 90 days after 
     the date of the enactment of this Act nor later than 30 days 
     before the effective date set forth in subsection (e), the 
     Director shall--
       (1) issue a proposed rule for a new formula by which grants 
     and contracts are to be allocated pursuant to the amendments 
     made by subsection (c); and
       (2) solicit public comment with respect to such proposed 
     rule.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first fiscal year 
     that begins after the date of the enactment of this Act.

     SEC. 3425. RESETTLEMENT DATA.

       (a) In General.--The Director shall expand the Office of 
     Refugee Resettlement's data analysis, collection, and sharing 
     activities in accordance with the requirements set forth in 
     subsections (b) through (e).
       (b) Data on Mental and Physical Medical Cases.--The 
     Director shall--
       (1) coordinate with the Centers for Disease Control, 
     national resettlement agencies, community based 
     organizations, and State refugee health programs to track 
     national and State trends on refugees arriving with Class A 
     medical conditions and other urgent medical needs; and
       (2) in collecting information under this subsection, 
     utilize initial refugee health screening data, including--
       (A) history of severe trauma, torture, mental health 
     symptoms, depression, anxiety and posttraumatic stress 
     disorder recorded during domestic and international health 
     screenings; and
       (B) Refugee Medical Assistance utilization rate data.
       (c) Data on Housing Needs.--The Director shall partner with 
     State refugee programs, community based organizations, and 
     national resettlement agencies to collect data relating to 
     the housing needs of refugees, including--
       (1) the number of refugees who have become homeless; and
       (2) the number of refugees who are at severe risk of 
     becoming homeless.
       (d) Data on Refugee Employment and Self-sufficiency.--The 
     Director shall gather longitudinal information relating to 
     refugee self-sufficiency, integration, and employment status 
     during the 2-year period beginning on the date that is 1 year 
     after the refugees' arrival in the United States.
       (e) Availability of Data.--The Director shall--
       (1) annually update the data collected under this section; 
     and
       (2) submit an annual report to Congress that contains the 
     updated data.

     SEC. 3426. GUIDANCE REGARDING REFUGEE PLACEMENT DECISIONS.

       (a) Consultation.--The Secretary of State shall provide 
     guidance to national resettlement agencies and State refugee 
     coordinators on consultation with local stakeholders 
     pertaining to refugee resettlement.
       (b) Best Practices.--The Secretary of Health and Human 
     Services, in collaboration with the Secretary of State, shall 
     collect best practices related to the implementation of the 
     guidance on stakeholder consultation on refugee resettlement 
     from voluntary agencies and State refugee coordinators and 
     disseminate such best practices to such agencies and 
     coordinators.

     SEC. 3427. EFFECTIVE DATE.

       This chapter, and the amendments made by this chapter, 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 1406. 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:

       At the appropriate place, insert the following:

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

       Part 19 of the Federal Acquisition Regulation, section 15 
     of the Small Business Act (15 U.S.C. 644), and any other 
     applicable laws or regulations establishing procurement 
     requirements relating to small business concerns (as defined 
     in section 3 of the Small Business Act (15 U.S.C. 632)) may 
     not be waived with respect to any contract awarded under any 
     program or other authority under this Act or an amendment 
     made by this Act, other than as provided under subsection 
     (a)(2) or (c) of section 2108 of this Act.
                                 ______
                                 
  SA 1407. 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 905, between lines 5 and 6, insert the following:
       (4) Land ports of entry.--The Secretary and the 
     Administrator of the General Services Administration may 
     upgrade, expand, or replace existing land ports of entry to 
     facilitate safe, secure, and efficient cross border movement 
     of people, motor vehicles, and cargo.
                                 ______
                                 
  SA 1408. Mr. CARPER 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. ___. PREVENTING UNAUTHORIZED IMMIGRATION TRANSITING 
                   THROUGH MEXICO.

       (a) In General.--The Secretary of State, in coordination 
     with the Secretary of Homeland Security, shall develop and 
     submit to Congress a strategy to address the unauthorized 
     immigration of individuals who transit through Mexico to the 
     United States.
       (b) Requirements.--The strategy developed under subsection 
     (a) shall include specific steps--
       (1) to enhance the training, resources, and professionalism 
     of border and law enforcement officials in Mexico, Honduras, 
     El Salvador, Guatemala, and other countries, as appropriate; 
     and
       (2) to educate nationals of the countries described in 
     paragraph (1) about the perils of the journey to the United 
     States, including how this Act will increase the likelihood 
     of apprehension, increase criminal penalties associated with 
     illegal entry, and make finding employment in the United 
     States more difficult.
       (c) Implementation of Strategy.--In carrying out the 
     strategy developed under subsection (a)--
       (1) the Secretary of Homeland Security, in conjunction with 
     the Secretary of State, shall produce an educational campaign 
     and disseminate information about the perils of the journey 
     across Mexico, the likelihood of apprehension, and the 
     difficulty of finding employment in the United States; and
       (2) the Secretary of State, in coordination with the 
     Secretary of Homeland Security, shall offer--
       (A) training to border and law enforcement officials to 
     enable these officials to operate more effectively, by using, 
     to the greatest extent practicable, Department of Homeland 
     Security personnel to conduct the training; and
       (B) technical assistance and equipment to border officials, 
     including computers, document readers, and other forms of 
     technology that may be needed, as appropriate.
       (d) Availability of Funds.--The Secretary of Homeland 
     Security may use such sums as are necessary from the 
     Comprehensive Immigration Trust Fund established under 
     section 6(a)(1) to carry out this section.
                                 ______
                                 
  SA 1409. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) 
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 904, line 20, strike ``The Secretary'' and insert 
     the following:
       (A) Grants authorized.--The Secretary

       On page 905, between lines 5 and 6, insert the following:
       (B) Eligible use of grant funds.--In addition to the uses 
     described in subparagraph (A), grants awarded under this 
     paragraph may be used for maintenance of all public roads, 
     including locally owned public roads and roads on tribal 
     land--
       (i) that are located within 100 miles of--

       (I) the Northern border; or
       (II) the Southern border; and

       (ii) on which federally owned motor vehicles comprise more 
     than 50 percent of the vehicular traffic.
                                 ______
                                 
  SA 1410. Mr. LEAHY (for himself and Mrs. Murray) 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 934, after line 25, add the following:

     SEC. 1116. OVERSIGHT OF POWER TO ENTER PRIVATE LAND AND STOP 
                   VEHICLES WITHOUT A WARRANT.

       (a) In General.--Section 287(a) (8 U.S.C. 1357(a)) is 
     amended--
       (1) in paragraph (5), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively;
       (2) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (3) by redesignating paragraphs (4) and (5) as 
     subparagraphs (E) and (F), respectively;
       (4) in the matter preceding subparagraph (A), as so 
     redesignated--
       (A) by inserting ``(1)'' before ``Any officer'';
       (B) by striking ``Service'' and inserting ``Department of 
     Homeland Security''; and
       (C) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'';
       (5) by striking paragraph (1)(C), as so redesignated and 
     inserting the following:
       ``(C) within a distance of 25 air miles from any external 
     boundary of the United States, or such distance as may be 
     prescribed by the Secretary pursuant to paragraph (2) of this

[[Page S4710]]

     subsection, to board and search for aliens any vessel within 
     the territorial waters of the United States and any railway 
     car, aircraft, conveyance, or vehicle for the purpose of 
     patrolling the border to prevent the illegal entry of aliens 
     into the United States;
       ``(D) within a distance of 10 air miles from any such 
     external boundary, or such distance as may be prescribed by 
     the Secretary pursuant to paragraph (2) of this subsection, 
     to have access to private lands, but not dwellings, for the 
     purpose of patrolling the border to prevent the illegal entry 
     of aliens into the United States;'';
       (6) by inserting after the flush text at the end of 
     subparagraph (F), as so redesignated, the following:
       ``(2)(A)(i) The Secretary of Homeland Security may 
     establish for a sector or district a distance less than or 
     greater than 25 air miles, but in no case greater than 100 
     air miles, as the maximum distance from an external boundary 
     of the United States in which the authority described in 
     paragraph (1)(C) may be exercised, if the Secretary certifies 
     that such a distance is necessary for the purpose of 
     patrolling the border to prevent the illegal entry of aliens 
     into the United States, and justified by the considerations 
     listed in subparagraph (B).
       ``(ii) The Secretary of Homeland Security may establish for 
     a sector or district a distance less than or greater than 10 
     air miles, but in no case greater than 25 air miles, as the 
     maximum distance from an external boundary of the United 
     States in which the authority described in paragraph (1)(D) 
     may be exercised, if the Secretary certifies that such a 
     distance is necessary for the purpose of patrolling the 
     border to prevent the illegal entry of aliens into the United 
     States, and justified by the considerations listed in 
     subparagraph (B).
       ``(B) In making the certifications described in 
     subparagraph (A), the Secretary shall consider, as 
     appropriate, land topography, confluence of arteries of 
     transportation leading from external boundaries, density of 
     population, possible inconvenience to the traveling public, 
     types of conveyances used, reliable information as to 
     movements of persons effecting illegal entry into the United 
     States, effects on private property and quality of life for 
     relevant communities and residents, consultations with 
     affected State, local, and tribal governments, including the 
     governor of any relevant State, and other factors that the 
     Secretary considers appropriate.
       ``(C) A certification made under subparagraph (A) shall be 
     valid for a period of 5 years and may be renewed for 
     additional 5-year periods. If the Secretary finds at any time 
     that circumstances no longer justify a certification, the 
     Secretary shall terminate the certification.
       ``(D) The Secretary shall report annually to the Committee 
     on the Judiciary and Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on the 
     Judiciary and Committee on Homeland Security of the House of 
     Representatives the number of certifications made under 
     subparagraph (A), and for each such certification, the sector 
     or district and reasonable distance prescribed, the period of 
     time the certification has been in effect, and the factors 
     justifying the certification.''.
       (b) Technical and Conforming Amendments.--
       (1) Authorities without a warrant.--In section 287(a) (8 
     U.S.C. 1357(a)), the undesignated matter following paragraph 
     (2), as added by subsection (a)(5), is amended--
       (A) by inserting ``(3)'' before ``Under regulations'';
       (B) by striking ``paragraph (5)(B)'' both places that term 
     appears and inserting ``subparagraph (F)(ii)'';
       (C) by striking ``(i)'' and inserting ``(A)'';
       (D) by striking ``(ii) establish'' and inserting ``(B) 
     establish'';
       (E) by striking ``(iii) require'' and inserting ``(C) 
     require''; and
       (F) by striking ``clause (ii), and (iv)'' and inserting 
     ``subparagraph (B), and (D)''.
       (2) Conforming amendment.--Section 287(e) (8 U.S.C. 
     1357(e)) is amended by striking ``paragraph (3) of subsection 
     (a),'' and inserting ``subsection (a)(1)(D),''.
       On page 937, strike lines 3 through 9 and insert the 
     following:

     SEC. 1118. PROHIBITION ON NEW LAND BORDER CROSSING FEES.

       (a) In General.--Beginning on the date of the enactment of 
     this Act, the Secretary shall not--
       (1) establish, collect, or otherwise impose any new border 
     crossing fee on individuals crossing the Southern border or 
     the Northern border at a land port of entry; or
       (2) conduct any study relating to the imposition of a 
     border crossing fee.
       (b) Border Crossing Fee Defined.--In this section, the term 
     ``border crossing fee'' means a fee that every pedestrian, 
     cyclist, and driver and passenger of a private motor vehicle 
     is required to pay for the privilege of crossing the Southern 
     border or the Northern border at a land port of entry.
                                 ______
                                 
  SA 1411. Mr. SCHATZ 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 1490, between lines 2 and 3, insert the following:

     SEC. 3413. SPECIFIC CONSIDERATION OF STATELESS GROUPS OF 
                   INDIVIDUALS.

       Pursuant to section 3405, the Secretary, in consultation 
     with the Secretary of State, may designate, as stateless 
     persons, any specific group of individuals who are no longer 
     considered nationals by any state as a result of sea level 
     rise or other environmental changes that render such state 
     uninhabitable for such group of individuals.

     SEC. 3414. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON CLIMATE 
                   CHANGE-INDUCED INTERNAL MIGRATION.

       (a) Study.--The Comptroller General of the United States 
     shall carry out a study of the effects of climate change-
     induced migration on--
       (1) United States immigration policies; and
       (2) Federal, State, and local social services.
       (b) Report.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to Congress a report containing the findings of the 
     study carried out under subsection (a).
       (2) Contents.--The report specified in paragraph (1) shall 
     include an analysis of--
       (A) the expected extent of climate change-induced internal 
     migration of--
       (i) residents of Alaska, Hawaii, and other States; and
       (ii) residents of United States territories and 
     possessions;
       (B) the expected impacts and additional costs on existing 
     Federal, State, and local social services of various regions, 
     States, and localities resulting from the climate change-
     induced migration of United States citizens;
       (C) the status of individuals who are stateless as a result 
     of climate change; and
       (D) an analysis of the adequacy of current funding sources 
     and the identification of potential new funding sources to 
     finance the additional costs and social services required to 
     address impacts associated with climate change-induced 
     migration.
                                 ______
                                 
  SA 1412. Mrs. MURRAY (for herself and Ms. Hirono) 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 919, strike lines 11 through 18, and insert the 
     following:

     SEC. 1112. TRAINING FOR BORDER SECURITY, IMMIGRATION 
                   ENFORCEMENT OFFICERS, AND OTHER FEDERAL AGENTS 
                   PERFORMING BORDER ENFORCEMENT ACTIVITIES.

       (a) In General.--The Secretary shall ensure that U.S. 
     Customs and Border Protection officers, U.S. Border Patrol 
     officers and agents, U.S. Immigration and Customs Enforcement 
     officers and agents, United States Air and Marine Division 
     agents, National Guard personnel deployed to assist U.S. 
     Customs and Border Protection under section 1103(c)(6)), 
     Coast Guard officers and agents, and agriculture specialists 
     stationed within 100 miles of any land or marine border of 
     the United States.

       At the appropriate place, insert the following:

     SEC. ___. PROTECTIONS AND RELIEF FOR DOMESTIC VIOLENCE 
                   SURVIVORS.

       (a) Judicial Review in VAWA Cases.--
       (1) Review of orders of removal of domestic violence 
     survivors.--Section 242(a) (8 U.S.C. 1252(a)) is amended to 
     read as follows:
       ``(1) General orders of removal.--
       ``(A) In general.--Judicial review of a final order of 
     removal (other than an order of removal without a hearing 
     pursuant to section 235(b)(1)) is governed only by chapter 
     158 of title 28 of the United States Code, except as provided 
     in subparagraph (B), subsection (b), and except that the 
     court may not order the taking of additional evidence under 
     section 2347(c) of such title.
       ``(B) Domestic violence survivors and crime victims.--A 
     final order for the removal of a nonimmigrant described in 
     section 101(a)(15)(T) or section 101(a)(15)(U), a VAWA self-
     petitioner, an applicant for relief under section 240A(b)(2) 
     or under any prior status provide comparable relief, 
     notwithstanding any other provision of law, shall be subject 
     to de novo review by the court at the request of the 
     nonimmigrant, VAWA self-petitioner, or applicant for 
     relief.''.
       (2) Cancellation of removal of domestic violence 
     survivors.--Section 240A(b)(2) (8 U.S.C. 1229b(b)(2)) is 
     amended by adding at the end the following:
       ``(E) Judicial review of determination for domestic 
     violence survivors.--There shall be judicial review available 
     of a determination of whether an individual is eligible for 
     or entitled to relief under this paragraph or any prior 
     statute providing comparable relief, notwithstanding any 
     other provision of law.''.
       (b) Eligibility for Cancellation of Removal for Domestic 
     Violence Survivors.--Section 240A(b)(2)(A)(iv) (8 U.S.C. 
     1229b(b)(2)(A)(iv)) is amended to read as follows:
       ``(iv) the alien is not inadmissible under section 
     212(a)(2)(G), section 212(a)(2)(H), or section 212(a)(3) and 
     is not deportable under section 237(a)(2)(A)(v) or section 
     237(a)(4); and''.
       (c) Designating Immigrants Eligible for U Visas and Special 
     Immigrant Juvenile Status, and Self-petitioning Elder Abuse 
     Victims, as Aliens Eligible to Receive Certain Assistance.--
       (1) Relief from certain safety net limitation for domestic 
     violence survivors,

[[Page S4711]]

     victims of abuse, and special immigrant juveniles.--Section 
     431(c) of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--
       (A) in the subsection heading, by striking ``Battered 
     Aliens'' and inserting ``Domestic Violence Survivors, Victims 
     of Abuse, and Special Immigrant Juveniles '';
       (B) in paragraph (1)--
       (i) in subparagraph (A), by striking ``in the United States 
     by a spouse or parent or by a member of the spouse or 
     parent's family'' and inserting ``by a spouse, parent, son, 
     or daughter or by a member of the spouse's, parent's, son's 
     or daughter's family'';
       (ii) in subparagraph (B)--

       (I) in clause (i), by striking the comma at the end and 
     inserting a semicolon;
       (II) in clause (ii), by striking the comma at the end and 
     inserting a semicolon;
       (III) clause (iii), by striking the period at the end and 
     inserting a semicolon;
       (IV) in clause (v), by inserting ``or'' after the 
     semicolon; and
       (V) by adding at the end the following:

       ``(vi) status as a VAWA self-petitioner;'';
       (C) in paragraph (3)(B), by striking ``or'' at the end;
       (D) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (E) by adding at the end the following:
       ``(5) an alien who has been granted nonimmigrant status 
     under section 101(a)(15)(U) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(U)) or who has a 
     pending application for such nonimmigrant status;
       ``(6) an alien who has been granted immigrant status under 
     section 101(a)(27)(J) of the Immigration and Nationality Act 
     (8 U.S.C. 10 1101(a)(27)(J)) or who has a pending application 
     for such immigrant status; or
       ``(7) an alien who has been granted status as a spouse or 
     child of a registered provisional immigrant under section 
     245B the Immigration and Nationality Act or alien with blue 
     card status granted under 2211 of the Border Security, 
     Economic Opportunity, and Immigration Modernization Act, and 
     who has been battered or subjected to extreme cruelty by a 
     spouse or parent, or who has a pending application for such 
     status.''.
       (2) Effective date.--The amendments made by this subsection 
     apply to applications for public benefits and public benefits 
     provided on or after the date of the enactment of this Act.
       (d) Relief for Certain Domestic Violence Survivors From 5-
     year Bar.--
       (1) In general.--Section 403(b) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(b)) is amended by adding at the end the 
     following new paragraph:
       ``(3) Battered and crime victim aliens.--An alien who--
       ``(A) is described in section 431(b) and has been battered 
     or subjected to extreme cruelty by a spouse, parent, son, or 
     daughter, or by a member of the spouse's, parent's, son's, or 
     daughter's family residing in the same household as the alien 
     and the spouse, parent, or son or daughter consented to, or 
     acquiesced in such battery or cruelty, and there is a 
     substantial connection between such battery or cruelty and 
     the need for the benefits to be provided; or
       ``(B) is described in section 431(c).''.
       (2) Effective date.--The amendment made by this subsection 
     apply to applications for public benefits and public benefits 
     provided on or after the date of the enactment of this Act.
       (e) Eligibility for Safety Net Benefits for Certain 
     Domestic Violence Survivors.--
       (1) Eligibility for ssi and food assistance safety net 
     benefits for domestic violence survivors.--Section 402(a)(2) 
     of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1612 (a)(2)) is amended 
     by adding at the end the following:
       ``(N) Aliens eligible for immigration relief as crime 
     victims.--With respect to eligibility for a specified Federal 
     program (as defined in paragraph (3)), paragraph (1) shall 
     not apply to an alien who--
       ``(i) is described in section 431(b) and has been battered 
     or subjected to extreme cruelty by a spouse, parent, or son 
     or daughter, or by a member of the spouse or parent or son or 
     daughter's family residing in the same household as the alien 
     and the spouse, parent, or son or daughter consented to, or 
     acquiesced in such battery or cruelty, and there is a 
     substantial connection between such battery or cruelty and 
     the need for the benefits to be provided; or
       ``(ii) is described in section 431(c).''.
       (2)  Relief for domestic violence survivors from tanf, 
     social service block grant, and medicaid ban.--Section 
     402(b)(2) of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended 
     by adding at the end the following:
       ``(G) Aliens eligible for immigration relief as crime 
     victims.--An alien who--
       ``(i) is described in section 431(b) and has been battered 
     or subjected to extreme cruelty by a spouse, parent, son, or 
     daughter, or by a member of the spouse's, parent's, son's, or 
     daughter's family residing in the same household as the alien 
     and the spouse, parent, or son or daughter consented to, or 
     acquiesced in such battery or cruelty, and there is a 
     substantial connection between such battery or cruelty and 
     the need for the benefits to be provided; or
       ``(ii) is described in section 431(c).''.
       (3) Effective date.--The amendments made by this subsection 
     apply to applications for public benefits and public benefits 
     provided on or after the date of the enactment of this Act.
       On page 1224, between lines 23 and 24, insert the 
     following:
       (d) Relief From Certain Restriction on Adjustment of 
     Status.--
       (1) Relief from certain restrictions for domestic violence 
     survivors.--Section 245(d) (8 U.S.C. 1255(d)), as amended by 
     subsection (c), is amended in paragraph (1) as so designated 
     by subsection (c), in the second sentence by striking the 
     period at the end and inserting ``, unless the alien is the 
     spouse of an alien lawfully admitted for legal permanent 
     residence or of a citizen of the United States and is a VAWA 
     self-petitioner.''.
       (2) Conforming application in cancellation of removal.--
     Section 240A(b)(2)(A)(i) (8 U.S.C. 1229b(b)(2)(A)(i)) is 
     amended--
       (A) in subclause (II), by striking ``or'' at the end;
       (B) in subclause (III), by adding ``or'' at the end; and
       (C) by adding at the end the following:

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

       (3) Application under suspension of deportation for 
     domestic violence survivors.--The Secretary or the Attorney 
     General may suspend the deportation of an alien who is in 
     deportation proceedings initiated prior to March 1, 1997 and 
     adjust to the status of an alien lawfully admitted for 
     permanent residence, if the alien--
       (A) has been physically present in the United States for a 
     continuous period of not less than 3 years immediately 
     preceding the date of such suspension;
       (B) has been battered or subjected to extreme cruelty in 
     the United States by a spouse or immediate family member who 
     is a United States citizen or a lawful permanent resident, or 
     the alien entered the United States as an alien described in 
     section 101(a)(15)(K) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(K)) with the intent to enter into a 
     valid marriage and the alien was battered or subject to 
     extreme cruelty by the United States citizen who filed the 
     petition to accord status under such section, or the child of 
     the alien who is described in this subparagraph;
       (C) demonstrates that during all of such time in the United 
     States the alien was and is a person of good moral character; 
     and
       (D) is a person whose deportation would, in the opinion of 
     the Secretary or Attorney General, result in extreme hardship 
     to the alien or the alien's parent or child.
       (4) Effective date.--This subsection and the amendments 
     made by this subsection shall take effect on the date of the 
     enactment of this Act and shall apply to aliens admitted 
     before, on, or after such date.
       At the appropriate place, insert the following:

     SEC. __. RELIEF FOR DOMESTIC VIOLENCE SURVIVOR VISA WAIVER 
                   ENTRANTS.

       (a) In General.--Section 217(b)(2) (8 U.S.C. 1187(b)(2) )is 
     amended by inserting``, as a VAWA self-petitioner or for 
     relief under section 101(a)(15)(T), section 101(a)(15)(U), 
     section 240A(b)(2), or under any prior statute providing 
     comparable relief, notwithstanding any other provision of 
     law,'' after ``asylum,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to waivers provided under section 217(b)(2) 
     of the Immigration and Nationality Act before, on, or after 
     such date as if it had been included in such waivers.
       On page 1274, strike lines 5 through 11 and insert the 
     following:
       (c) Applicability of Section 212(e) to Spouses and Children 
     of J-1 Exchange Visitors.--A spouse or child of an exchange 
     visitor described in section 101(a)(15)(J) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(J)), applicants 
     approved for nonimmigrant status under section 101(a)(15)(T) 
     of such Act, section 101(a)(15)(U) of such Act, and VAWA 
     self-petitioners, as defined in section 101(a)(51) of such 
     Act, shall not be subject to the requirements of section 
     212(e) of such Act (8 U.S.C. 1182(e)).
       On page 1576, line 4, strike ``and (E)'', and insert ``(E), 
     and (K)''.
                                 ______
                                 
  SA 1413. Mrs. FEINSTEIN (for herself, Mr. Whitehouse, Mr. Blumenthal, 
and Mrs. Boxer) 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:

       At the appropriate place, insert the following:

     SEC. ___. NO FIREARMS FOR FOREIGN FELONS ACT OF 2013.

       (a) Short Title.--This section may be cited as the ``No 
     Firearms for Foreign Felons Act of 2013''.
       (b) Felonies.--Section 921(a) of title 18, United States 
     Code, is amended--
       (1) in paragraph (20)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``includes a covered foreign felony and'' before ``does not 
     include'';

[[Page S4712]]

       (B) subparagraph (A)--
       (i) by striking ``any Federal or State offenses'' and 
     inserting ``any Federal offense, State offense, or covered 
     foreign felony''; and
       (ii) by striking ``, or'' at the end and inserting a 
     semicolon;
       (C) in subparagraph (B)--
       (i) by striking ``any State offense classified by the laws 
     of the State'' and inserting ``any State offense or covered 
     foreign felony classified by the laws of that jurisdiction''; 
     and
       (ii) by striking the period at the end and inserting ``; 
     or''; and
       (D) by inserting after subparagraph (B) the following:
       ``(C) any offense under the law of another country that is 
     not a covered foreign felony.''; and
       (2) by adding at the end the following:
       ``(36) The term `any court' includes any Federal, State, or 
     foreign court.
       ``(37) The term `covered foreign felony'--
       ``(A) means an offense under the law of another country 
     that--
       ``(i) is punishable by a term of imprisonment of more than 
     1 year under the law of the other country; and
       ``(ii) involves conduct which, if committed in the United 
     States, would constitute an offense under Federal or State 
     law that is punishable by a term of imprisonment of more than 
     1 year; and
       ``(B) does not include any offense as to which the 
     convicted person establishes that the conviction for the 
     offense resulted from a denial of fundamental fairness that 
     would violate due process if committed in the United 
     States.''.
       (c) Domestic Violence Crimes.--Section 921(a)(33) of title 
     18, United States Code, is amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by striking 
     ``subparagraph (C)'' and inserting ``subparagraph (B)''; and
       (B) in clause (i)--
       (i) by inserting ``(I)'' after ``(i)'';
       (ii) by striking ``and'' and inserting ``or''; and
       (iii) by adding at the end the following:
       ``(II) is a crime under foreign law that is punishable by 
     imprisonment for a term of not more than 1 year; and''; and
       (2) in subparagraph (B)(ii), by striking ``if the 
     conviction has'' and inserting the following: ``if the 
     conviction--
       ``(I) occurred in a foreign jurisdiction and the convicted 
     person establishes that the foreign conviction resulted from 
     a denial of fundamental fairness that would violate due 
     process if committed in the United States or from conduct 
     that would be legal if committed in the United States; or
       ``(II) has''.
       (d) Penalties.--Section 924(e)(2)(A)(ii) of title 18, 
     United States Code, is amended by inserting ``or a covered 
     foreign felony'' after ``an offense under State law''.
                                 ______
                                 
  SA 1414. Mrs. MURRAY (for herself and Ms. Hirono) 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 1224, between lines 23 and 24, insert the 
     following:
       (d) Relief From Certain Restriction on Adjustment of 
     Status.--
       (1) Relief from certain restrictions for domestic violence 
     survivors.--Section 245(d) (8 U.S.C. 1255(d)), as amended by 
     subsection (c), is amended in paragraph (1) as so designated 
     by subsection (c), in the second sentence by striking the 
     period at the end and inserting ``, unless the alien is the 
     spouse of an alien lawfully admitted for legal permanent 
     residence or of a citizen of the United States and is a VAWA 
     self-petitioner.''.
       (2) Conforming application in cancellation of removal.--
     Section 240A(b)(2)(A)(i) (8 U.S.C. 1229b(b)(2)(A)(i)) is 
     amended--
       (A) in subclause (II), by striking ``or'' at the end;
       (B) in subclause (III), by adding ``or'' at the end; and
       (C) by adding at the end the following:

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

       (3) Application under suspension of deportation for 
     domestic violence survivors.--The Secretary or the Attorney 
     General may suspend the deportation of an alien who is in 
     deportation proceedings initiated prior to March 1, 1997 and 
     adjust to the status of an alien lawfully admitted for 
     permanent residence, if the alien--
       (A) has been physically present in the United States for a 
     continuous period of not less than 3 years immediately 
     preceding the date of such suspension;
       (B) has been battered or subjected to extreme cruelty in 
     the United States by a spouse or immediate family member who 
     is a United States citizen or a lawful permanent resident, or 
     the alien entered the United States as an alien described in 
     section 101(a)(15)(K) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(K)) with the intent to enter into a 
     valid marriage and the alien was battered or subject to 
     extreme cruelty by the United States citizen who filed the 
     petition to accord status under such section, or the child of 
     the alien who is described in this subparagraph;
       (C) demonstrates that during all of such time in the United 
     States the alien was and is a person of good moral character; 
     and
       (D) is a person whose deportation would, in the opinion of 
     the Secretary or Attorney General, result in extreme hardship 
     to the alien or the alien's parent or child.
       (4) Effective date.--This subsection and the amendments 
     made by this subsection shall take effect on the date of the 
     enactment of this Act and shall apply to aliens admitted 
     before, on, or after such date.
       At the appropriate place, insert the following:

     SEC. __. RELIEF FOR DOMESTIC VIOLENCE SURVIVOR VISA WAIVER 
                   ENTRANTS.

       (a) In General.--Section 217(b)(2) (8 U.S.C. 1187(b)(2) )is 
     amended by inserting``, as a VAWA self-petitioner or for 
     relief under section 101(a)(15)(T), section 101(a)(15)(U), 
     section 240A(b)(2), or under any prior statute providing 
     comparable relief, notwithstanding any other provision of 
     law,'' after ``asylum,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to waivers provided under section 217(b)(2) 
     of the Immigration and Nationality Act before, on, or after 
     such date as if it had been included in such waivers.
       On page 1274, strike lines 5 through 11 and insert the 
     following:
       (c) Applicability of Section 212(e) to Spouses and Children 
     of J-1 Exchange Visitors.--A spouse or child of an exchange 
     visitor described in section 101(a)(15)(J) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(J)), applicants 
     approved for nonimmigrant status under section 101(a)(15)(T) 
     of such Act, section 101(a)(15)(U) of such Act, and VAWA 
     self-petitioners, as defined in section 101(a)(51) of such 
     Act, shall not be subject to the requirements of section 
     212(e) of such Act (8 U.S.C. 1182(e)).
       On page 1576, line 4, strike ``and (E)'', and insert ``(E), 
     and (K)''.
                                 ______
                                 
  SA 1415. Ms. HIRONO (for herself, Mr. Franken, Mr. Schatz, Mrs. 
Murray, and Mrs. Boxer) 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 1151, strike lines 16 through 21.
       On page 1154, strike lines 3 through 8.
       Beginning on page 1197, strike line 12 and all that follows 
     through page 1198, line 24, and insert the following:
       (a) Preference Allocation of Family-sponsored Immigrant 
     Visas.--
       (1) In general.--Section 203(a) (8 U.S.C. 1153(a)), as 
     amended by section 2305(b), is further amended to read as 
     follows:
       ``(a) Preference Allocation for Family-sponsored 
     Immigrants.--Aliens subject to the worldwide level specified 
     in section 201(c) for family-sponsored immigrants shall be 
     allotted visas as follows:
       ``(1) Unmarried sons and daughters of citizens.--Qualified 
     immigrants who are the unmarried sons or daughters of 
     citizens of the United States shall be allocated visas in a 
     number not to exceed 20 percent of the worldwide level of 
     family-sponsored immigrants under section 201(c), plus any 
     visas not required for the class specified in paragraph (4).
       ``(2) Unmarried sons and daughters of permanent 
     residents.--Qualified immigrants who are the unmarried sons 
     or daughters, but not a child (as defined in section 
     101(b)(1)), of an alien lawfully admitted for permanent 
     residence shall be allocated visas in a number not to exceed 
     the sum of--
       ``(A) 20 percent of the worldwide level of family-sponsored 
     immigrants under section 201(c); and
       ``(B) any visas not required for the class specified in 
     paragraph (1).
       ``(3) Married sons and married daughters of citizens.--
     Qualified immigrants who are the married sons or married 
     daughters of citizens of the United States shall be allocated 
     visas in a number not to exceed 20 percent of the worldwide 
     level of family-sponsored immigrants under section 201(c), 
     plus any visas not required for the classes specified in 
     paragraphs (1) and (2).
       ``(4) Brothers and sisters of citizens.--Qualified 
     immigrants who are the brothers or sisters of citizens of the 
     United States, if such citizens are at least 21 years of age, 
     shall be allocated visas in a number not to exceed 40 percent 
     of the worldwide level of family-sponsored immigrants under 
     section 201(c), plus any visas not required for the classes 
     specified in paragraphs (1) through (3).''.
       Beginning on page 1217, strike line 18 and all that follows 
     through page 1220, line 9, and insert the following:
       (a) Nonimmigrant Eligibility.--Section 101(a)(15)(V) (8 
     U.S.C. 1101(a)(15)(V)) is amended to read as follows:
       ``(V) subject to section 214(q) and section 212(a)(4), an 
     alien who is the beneficiary of an approved petition under 
     section 203(a) as--
       ``(i) the unmarried son or unmarried daughter of a citizen 
     of the United States;
       ``(ii) the unmarried son or unmarried daughter of an alien 
     lawfully admitted for permanent residence;
       ``(iii) the married son or married daughter of a citizen of 
     the United States; or

[[Page S4713]]

       ``(iv) the sibling of a citizen of the United States.''.
       (b) Employment and Period of Admission of Nonimmigrants 
     Described in Section 101(a)(15)(V).--Section 214(q) (8 U.S.C. 
     1184(q)) is amended to read as follows:
       ``(q) Nonimmigrants Described in Section 101(a)(15)(V).--
       ``(1) Employment authorization.--The Secretary shall--
       ``(A) authorize a nonimmigrant admitted pursuant to section 
     101(a)(15)(V) to engage in employment in the United States 
     during the period of such nonimmigrant's authorized 
     admission; and
       ``(B) provide such a nonimmigrant with an `employment 
     authorized' endorsement or other appropriate document 
     signifying authorization of employment.
       ``(2) Termination of admission.--The period of authorized 
     admission for such a nonimmigrant shall terminate 30 days 
     after the date on which--
       ``(A) such nonimmigrant's application for an immigrant visa 
     pursuant to the approval of a petition under subsection (a) 
     or (c) of section 203 is denied; or
       ``(B) such nonimmigrant's application for adjustment of 
     status under section 245 pursuant to the approval of such a 
     petition is denied.''.
                                 ______
                                 
  SA 1416. 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 other purposes; which was 
ordered to lie on the table; as follows:
       At the end of subtitle D of title IV, add the following:

     SEC. 4416. REPORT ON PROCESSING OF VISAS FOR NONIMMIGRANTS 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 the 
     processing of visas for nonimmigrants at United States 
     embassies and consulates that--
       (1) assesses the efforts of the Department of State to 
     expand its capacity for processing of visas for nonimmigrants 
     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 the processing of visas for 
     nonimmigrants 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 operations relating to 
     the processing of visas for nonimmigrants;
       (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 1417. Mr. HEINRICH (for himself and Mr. Udall of New Mexico) 
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 1021, line 15, insert ``Hispanic-serving 
     institution (as defined in section 502(a)(5) of the Higher 
     Education Act of 1965 (20 U.S.C. 1101a(a)(5)), or a'' after 
     ``means a''.
       On page 1288, lines 16 and 17, insert ``and Hispanic-
     serving institutions (as defined in section 502(a)(5) of the 
     Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5))'' after 
     ``organizations''.
       On page 1293, line 2, insert ``Hispanic-serving 
     institutions (as defined in section 502(a)(5) of the Higher 
     Education Act of 1965 (20 U.S.C. 1101a(a)(5)),'' after 
     ``municipalities,''.
                                 ______
                                 
  SA 1418. Mrs. MURRAY 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 919, between lines 10 and 11, insert the following:
       (b) Annual Report on Use of Force.--
       (1) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Inspector General of the Department shall submit to the 
     appropriate committees of Congress a report on the use of 
     force--
       (A) by Federal employees performing enforcement of the 
     immigration laws, including personnel of U.S. Customs and 
     Border Protection, U.S. Border Patrol, U.S. Immigration and 
     Customs Enforcement, the National Guard deployed to assist 
     U.S. Customs and Border Protection under section 1103(c)(6), 
     and the Coast Guard and agriculture specialists stationed 
     within 100 miles of any land or marine border; or
       (B) involving State or local law enforcement personnel 
     operating as part of a task force involving Federal 
     participation.
       (2) Contents.--Each report required by paragraph (1) shall 
     include, with respect to the use of force in the enforcement 
     of the immigration laws, the following:
       (A) A description of the training requirements for use of 
     force on issued equipment, non-force techniques, de-
     escalation techniques, the use of defensive equipment and a 
     determination of the adequacy of the training requirements.
       (B) A description of the type and frequency of the use of 
     force on each of the following:
       (i) Citizens of the United States.
       (ii) Aliens lawfully present in the United States, 
     including aliens in registered provisional immigrant status, 
     blue card status, nonimmigrant status pursuant to section 
     101(a)(15)(W) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(W)), as amended by this Act, and those 
     admitted under the amendments made by the DREAM Act 2013.
       (iii) Persons not described in clause (i) or (ii).
       (C) The gender, race, nationality, ethnicity, and age of 
     the person upon whom force was used.
       (D) The date, time, and location (including country, 
     sector, or district, if applicable) of the use of force.
       (E) A brief description of the circumstances surrounding 
     the use of force.
       (F) The number of officers who used force in the 
     enforcement of immigration laws.
       (G) A description of the administrative oversight that 
     occurred following each such use of force.
       (H) The number of complaints regarding the use of force and 
     the number of resulting investigations.
       (I) A description of the types of disciplinary actions 
     resulting from such investigations and the frequency of such 
     actions.
       (J) A description of the policy recommendations, if any, of 
     the Inspector General of the Department relating to use of 
     force.
       (K) Any such other information and statistics related to 
     the use of force that the Inspector General of the Department 
     determines to be appropriate.
       (L) Results of inspections, investigations, and audits 
     conducted pursuant to section 104(d) of the Homeland Security 
     Act of 2002, as added by 1114 of this Act.
       (M) A summary of the information and findings in described 
     subparagraphs (A) through (L).
       (3) Definitions.--In this subsection:
       (A) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (i) the Committee on the Judiciary and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (ii) the Committee on the Judiciary and the Committee on 
     Homeland Security of the House of Representative.
       (B) Use of force.--The term ``use of force'' means physical 
     effort to compel compliance by a subject that exceeds 
     unresisted handcuffing, including pointing a firearm at the 
     subject or employing canines.
       (4) Availability of reports.--Each report submitted under 
     this subsection shall be made available to the public without 
     the need to submit a request under section 552 of title 5, 
     United States Code (commonly known as the ``Freedom of 
     Information Act'').
                                 ______
                                 
  SA 1419. Mr. WHITEHOUSE 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 1423, line 17, insert after ``by regulation'' the 
     following: ``, except that an employer may, but is not 
     required to, use the System to verify authorization of an 
     employee continuing in an employment from another employer in 
     a case in which there is substantial continuity in the 
     business operations between the predecessor and successor 
     employers''.

                                 ______
                                 
  SA 1420. Mrs. McCASKILL 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 1448, line 25, insert ``investigating potential 
     violations of laws by employers and employees, apprehending 
     violators,'' after ``System,''.
       On page 1449, beginning on line 7, strike ``Such 
     personnel'' and all that follows through line 9, and insert 
     ``A significant portion of such personnel shall perform 
     enforcement, investigatory, apprehension, compliance, and 
     monitoring functions, including the following:''.

                                 ______
                                 
  SA 1421. Mrs. McCASKILL 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:


[[Page S4714]]


       On page 1389, line 5, strike ``$5,000 and not more than 
     $15,000'' and insert ``$10,000 and not more than $25,000''.
       On page 1389, line 12, ``$10,000 and not more than 
     $25,000'' and insert ``$25,000 and not more than $50,000''.
       On page 1390, line 18, strike ``$1,000 and not more than 
     $4,000'' and insert ``$5,000 and not more than $15,000''.
       On page 1390, lines 22 and 23, strike ``$2,000 and not more 
     than $8,000'' and insert ``$6,000 and not more than 
     $20,000''.
                                 ______
                                 
  SA 1422. Mrs. McCASKILL 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 1413, between lines 7 and 8, insert the following:
       (g) Enhanced Penalties for Immigration Law Violations.--
       (1) Civil penalty.--
       (A) In general.--If an employer commits a civil violation 
     of a Federal law relating to workplace rights (as defined in 
     section 274A(b)(8) of the Immigration and Nationality Act), 
     including a finding by the agency enforcing such law in the 
     course of a final settlement of such violation, and such 
     violation took place with respect to an unauthorized worker, 
     the employer may be subject to an additional civil penalty of 
     up to $5,000 per unauthorized worker.
       (B) Deposit of funds.--Amounts collected pursuant to 
     subparagraph (A) shall be deposited into the Labor Law 
     Enforcement Fund established under section 286(x) of the 
     Immigration and Nationality Act, as added by paragraph (2).
       (2) Labor law enforcement fund.--Section 286 (8 U.S.C. 
     1356), as amended by section 4104, is further amended by 
     adding at the end the following:
       ``(x) Labor Law Enforcement Fund.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury, a separate account, which shall be known as 
     the `Labor Law Enforcement Fund' (referred to in this 
     subsection as the `Fund').
       ``(2) Deposits.--There shall be deposited, as offsetting 
     receipts into the Fund, the civil penalties collected under 
     section 3101(g)(1) of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act.
       ``(3) Purpose.--Amounts deposited in the Fund shall be made 
     available to the Secretary of Labor to enforce employer 
     compliance with Federal workplace laws, including by 
     conducting random audits of employers in industries with a 
     history of employing a significant number of unauthorized 
     workers or nonimmigrants described in section 
     101(a)(15)(H)(ii).''.
                                 ______
                                 
  SA 1423. Mrs. McCASKILL 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 1390, line 24, strike ``(D)'' and insert the 
     following:
       ``(D) Civil penalty.--Any employer that repeatedly fails to 
     comply in a timely manner to requests from the Department for 
     further or follow up information regarding the employer's use 
     of the System, as determined by the Secretary, shall pay a 
     civil penalty of not less than $100 and not more than $500 
     for each such violation.
       ``(E)
       On page 1391, line 6, strike ``(E)'' and insert ``(F)''.
       On page 1392, line 13, strike ``(F)'' and insert ``(G)''.
                                 ______
                                 
  SA 1424. Mrs. McCASKILL 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 1405, beginning on line 17, strike ``knowing 
     violations of subsection (a)(1)(A) or (a)(2) shall be fined 
     under title 18, United States Code, no more than $10,000'' 
     and inserting ``knowing or negligent violations of paragraph 
     (1)(A) or (2) of subsection (a) shall be fined not more than 
     $30,000 under title 18, United States Code,''.
       On page 1406, line 2, strike ``5 years'' and insert ``8 
     years''.
       On page 1406, line 19, insert ``or negligently'' after 
     ``knowingly''.
       On page 1406, line 23, strike ``knowing'' and insert ``with 
     knowledge of facts that would lead a reasonable person to 
     conclude''.
       On page 1407, line 14, strike ``10 years'' and insert ``12 
     years''.
                                 ______
                                 
  SA 1425. Mrs. McCASKILL 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 1618, between lines 11 and 12, insert the 
     following:

     SEC. 3722. COMPREHENSIVE INTERIOR IMMIGRATION ENFORCEMENT 
                   STRATEGY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and biannually thereafter, the 
     Secretary shall publish a strategy for achieving and 
     maintaining effective interior immigration enforcement, which 
     shall be known as the ``Comprehensive Interior Immigration 
     Enforcement Strategy'' (referred to in this section as the 
     ``Strategy'').
       (b) Contents.--The Strategy shall--
       (1) set forth the interior immigration enforcement strategy 
     of the Department;
       (2) detail a strategy for addressing, at a minimum--
       (A) visa overstays, including enforcement in each major 
     visa category;
       (B) fraudulent use of documents by undocumented immigrants 
     to gain employment in the United States;
       (C) knowing and negligent activities of employers to hire 
     undocumented immigrants;
       (D) knowing and negligent activities of employers regarding 
     failure to comply with the Employment Verification System 
     established under section 274A(d) of the Immigration and 
     Nationality Act; and
       (E) shortfalls in entry and exit tracking activities;
       (3) specify the priorities that shall be met for the 
     Strategy to be considered successfully executed, which shall 
     include, at a minimum--
       (A) enforcement goals in each major category detailed in 
     accordance with paragraph (2);
       (B) speedy and fair administrative and judicial proceedings 
     on matters relevant to enforcement activities; and
       (C) target enforcement and success levels associated with 
     priority areas of interior immigration enforcement;
       (4) identify the resources necessary to carry out the 
     Strategy, including any--
       (A) improvements in technology and operational capacity 
     required to implement the Strategy; and
       (B) improvements in, or changes to, organizational 
     structure required to implement the Strategy.
       (c) Implementation Report.--
       (1) In general.--Not later than 180 days after the Strategy 
     is published under subsection (a), the Secretary shall submit 
     a report on the Department's plans to implement the Strategy 
     to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security of the House of 
     Representatives;
       (C) the Committee on Appropriations of the Senate;
       (D) the Committee on Appropriations of the House of 
     Representatives;
       (E) the Committee on the Judiciary of the Senate;
       (F) the Committee on the Judiciary of the House of 
     Representatives; and
       (G) the Comptroller General of the United States.
       (2) Elements.--Each report submitted under paragraph (1) 
     shall include--
       (A) a detailed analysis of the Department's execution of 
     the Strategy published 2 years before including discussions 
     of successes and failures under the Strategy;
       (B) a detailed description of the steps the Department has 
     taken, or plans to take, to execute the Strategy submitted 
     under subsection (a); and
       (C) a detailed description of--
       (i) any impediments identified in the Department's efforts 
     to execute the Strategy;
       (ii) the actions the Department has taken, or plans to 
     take, to address such impediments;
       (iii) any resources or authorities the Department needs to 
     execute the Strategy; and
       (iv) any additional measures developed by the Department to 
     measure interior immigration enforcement efforts.
       (3) Biannual review.--The Comptroller General of the United 
     States shall--
       (A) conduct a biannual review of the information contained 
     in the annual reports submitted by the Secretary under this 
     subsection; and
       (B) submit an assessment of the status and progress of 
     interior immigration enforcement efforts to the congressional 
     committees set forth in paragraph (1).
       (d) Designation of Interior Enforcement Leadership.--
       (1) In general.--The Secretary shall designate an 
     individual within the Department to oversee and coordinate 
     the implementation of all interior immigration enforcement 
     efforts that are carried out through activities and agencies 
     under the jurisdiction of the Secretary.
       (2) Duties.--The individual designated pursuant to 
     paragraph (1) shall--
       (A) coordinate with other agencies, including the 
     Department of Justice, as necessary;
       (B) collaborate with the Secretary on the creation and 
     publication of the Strategy; and
       (C) oversee the implementation of the Strategy, including 
     the reporting requirements under subsection (c).
                                 ______
                                 
  SA 1426. Mrs. MURRAY 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:

       At the appropriate place, insert the following:

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

       Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 
     345) is amended--
       (1) in subsection (a), by striking paragraph (6) and 
     inserting the following:
       ``(6) investigate complaints and information indicating 
     possible abuses of civil rights or civil liberties by 
     employees and officials of the Department or that are related 
     to Departmental activities (unless the Inspector General of 
     the Department determines that

[[Page S4715]]

     such a complaint or such information should be investigated 
     by the Inspector General) and, using the information gained 
     by such investigations, make recommendations to the Secretary 
     and directorates, offices, and other components of the 
     Department for improvements in policy, supervision, training, 
     and practice related to civil rights or civil liberties, or 
     for the relevant office to review the matter and take 
     appropriate disciplinary or other action.'';
       (2) by redesignating subsection (b) as subsection (e);
       (3) by inserting after subsection (a) the following:
       ``(b) Investigation of Complaints.--The head of each 
     directorate, office, or component of the Department and the 
     head of any other executive agency shall ensure that the 
     directorate, office, or component provides the Officer for 
     Civil Rights and Civil Liberties with speedy access, and in 
     no event later than 30 days after the date on which the 
     directorate, office, or component receives a request from the 
     Officer, to any information determined by the Officer to be 
     relevant to the exercise of the duties and responsibilities 
     under subsection (a) or to any investigation carried out 
     under this section, whether by providing relevant documents 
     or access to facilities or personnel.
       ``(c) Subpoenas.--
       ``(1) In general.--In carrying out the duties and 
     responsibilities under subsection (a) or as part of an 
     investigation carried out under this section, the Officer for 
     Civil Rights and Civil Liberties may require by subpoena 
     access to--
       ``(A) any institution or entity outside of the Federal 
     Government that is the subject of or related to an 
     investigation under this section; and
       ``(B) any individual, document, record, material, file, 
     report, memorandum, policy, procedure, investigation, video 
     or audio recording or other media, or quality assurance 
     report relating to any institution or entity outside of the 
     Federal Government that is the subject of or related to an 
     investigation under this section.
       ``(2) Issuance and service.--A subpoena issued under this 
     subsection shall--
       ``(A) bear the signature of the Officer for Civil Rights 
     and Civil Liberties; and
       ``(B) be served by any person or class of persons 
     designated by the Officer or an officer or employee 
     designated for that purpose.
       ``(3) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under this subsection, the United 
     States district court for the judicial district in which the 
     institution, entity, or individual is located may issue an 
     order requiring compliance. Any failure to obey the order of 
     the court may be punished by the court as contempt of that 
     court.
       ``(4) Use of information.--Any material obtained under a 
     subpoena issued under this subsection--
       ``(A) may not be used for any purpose other than a purpose 
     set forth in subsection (a);
       ``(B) may not be transmitted by or within the Department 
     for any purpose other than a purpose set forth in subsection 
     (a); and
       ``(C) shall be redacted, obscured, or otherwise altered if 
     used in any publicly available manner to the extent necessary 
     to prevent the disclosure of any personally identifiable 
     information.
       ``(d) Recommendations.--For any final recommendation or 
     finding made under this section by the Officer for Civil 
     Rights and Civil Liberties to the Secretary or a directorate, 
     office, or other component of the Department--
       ``(1) the Secretary shall ensure that the Department--
       ``(A) responds to the recommendation or finding within 30 
     days after the date on which the Officer communicates the 
     recommendation or finding; and
       ``(B) within 60 days after the date on which the Officer 
     communicates the recommendation or finding, provides the 
     Officer with a plan for implementation of the recommendation 
     or finding;
       ``(2) within 30 days after the date on which the Officer 
     receives an implementation plan under paragraph (1), the 
     Officer shall assess the plan and determine whether the plan 
     sufficiently addresses the underlying recommendation;
       ``(3) if the Officer determines under paragraph (2) that an 
     implementation plan is insufficient, the Secretary shall 
     ensure that the Department submits a revised implementation 
     plan that complies with the underlying recommendation within 
     30 days after the date on which the Officer communicates the 
     determination; and
       ``(4) absent any provision of law to the contrary, the 
     Officer shall provide the complainant with a summary of any 
     findings or recommendations made under this section by the 
     Officer, which shall be redacted, obscured, or otherwise 
     altered to protect the disclosure of any personally 
     identifiable information, other than the complainant's.''; 
     and
       (4) in subsection (e), as so redesignated--
       (A) by striking ``The Secretary shall'' and inserting the 
     following:
       ``(1) In general.--The Secretary shall'';
       (B) by striking ``and the appropriate committees and 
     subcommittees of Congress'' and inserting ``the appropriate 
     committees and subcommittees of Congress, and the Privacy and 
     Civil Liberties Oversight Board established under section 
     1061 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (42 U.S.C. 2000ee)'';
       (C) by striking ``, and detailing any allegations'' and all 
     that follows through ``such allegations.'' and inserting 
     ``and a compilation of the information provided in the 
     quarterly reports under paragraph (2).''; and
       (D) by adding at the end the following:
       ``(2) Quarterly reports.--
       ``(A) In general.--The Officer for Civil Rights and Civil 
     Liberties shall submit to the President of the Senate, the 
     Speaker of the House of Representatives, the appropriate 
     committees and subcommittees of Congress, and the Privacy and 
     Civil Liberties Oversight Board established under section 
     1061 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (42 U.S.C. 2000ee), on a quarterly basis, a report 
     detailing--
       ``(i) each nonfrivolous allegation of abuse received by the 
     Officer during the quarter covered by the report; and
       ``(ii) each final recommendation made or carried out under 
     subsection (a) that was completed during the quarter covered 
     by the report.
       ``(B) Contents.--Each report under this paragraph shall 
     detail--
       ``(i) for each allegation described in subparagraph (A)(i) 
     subject to a completed investigation, any final 
     recommendation made by the Officer for Civil Rights and Civil 
     Liberties and any action or response taken by the Department 
     in response; and
       ``(ii) any matter or investigation carried out under this 
     section that has been open or pending for more than 2 years.
       ``(3) Informing the public.--The Officer for Civil Rights 
     and Civil Liberties shall--
       ``(A) make each report submitted under this subsection 
     available to the public to the greatest extent that is 
     consistent with the protection of classified information and 
     applicable law; and
       ``(B) otherwise inform the public of the activities of the 
     Officer, as appropriate and in a manner consistent with the 
     protection of classified information and applicable law.''.
                                 ______
                                 
  SA 1427. Mrs. McCASKILL 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 1405, beginning on line 17, strike ``knowing 
     violations of subsection (a)(1)(A) or (a)(2) shall be fined 
     under title 18, United States Code, no more than $10,000'' 
     and inserting ``negligent violations of paragraph (1)(A) or 
     (2) of subsection (a) shall be fined not more than $30,000 
     under title 18, United States Code,''.
       On page 1406, line 2, strike ``5 years'' and insert ``8 
     years''.
       On page 1406, line 19, strike ``knowingly'' and insert 
     ``negligently''.
       On page 1406, line 23, strike ``knowing'' and insert ``with 
     knowledge of facts that would lead a reasonable person to 
     conclude''.
       On page 1407, line 14, strike ``10 years'' and insert ``12 
     years''.

                          ____________________