[Congressional Record Volume 159, Number 89 (Thursday, June 20, 2013)]
[Senate]
[Pages S4799-S4845]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1428. Mr. BLUMENTHAL (for himself, Ms. Murkowski, Mr. Leahy, Mr. 
Rockefeller, Mr. Begich, and Mrs. Gillibrand) 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 1004, between lines 4 and 5, insert the following:
       ``(F) Special rule for children.--Notwithstanding 
     subparagraph (A), the Secretary may adjust the status of a 
     registered provisional immigrant to the status of an alien 
     lawfully admitted for permanent residence if the alien--
       ``(i) satisfies the requirements under clauses (i) and (ii) 
     of subparagraph (A); and
       ``(ii) is under 18 years of age on the date the alien 
     submits an application for such adjustment.
       On page 1007, between lines 2 and 3, insert the following:
       (2) Waiver.--Section 334 (8 U.S.C. 1445) is amended--
       (A) in subsection (b), by striking ``person'' and inserting 
     ``person, other than a person who received an adjustment of 
     status pursuant to section 245D,''; and
       (B) in subsection (f), by inserting ``who received an 
     adjustment of status pursuant to section 245D or an alien'' 
     after ``An alien''.
                                 ______
                                 
  SA 1429. Mr. BLUMENTHAL (for himself, Mrs. Murray, and 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:

       At the appropriate place, insert the following:

     SEC. ___. WHISTLEBLOWER PROTECTIONS.

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

[[Page S4800]]

     United States for time sufficient to participate in an action 
     taken pursuant to this section. Upon the final disposition of 
     the claim filed under this section, either by the Secretary 
     of Labor or by a Federal court, the Secretary of Homeland 
     Security shall adjust the employee's status consistent with 
     such disposition. A determination to deny a stay of removal 
     under this clause shall not deprive an individual of the 
     right to pursue any other avenue for relief from removal 
     proceedings.
       ``(iii) Appeal.--

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

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

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

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

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

       (b) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, and after an opportunity for 
     notice and comment, the Secretary of Labor shall promulgate 
     regulations to carry out the amendment made by subsection 
     (a).
                                 ______
                                 
  SA 1430. Mr. BLUMENTHAL 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:

     SECTION ___. PROHIBITION OF SALE OF FIREARMS TO, OR 
                   POSSESSION OF FIREARMS BY, ALIENS NOT LAWFULLY 
                   ADMITTED FOR PERMANENT RESIDENCE.

       Section 922 of title 18, United States Code, is amended--
       (1) in subsection (d)(5)(B), by striking ``(y)(2)'' and all 
     that follows and inserting ``(y), is in the United States not 
     as an alien lawfully admitted for permanent residence;'';
       (2) in subsection (g)(5)(B), by striking ``(y)(2)'' and all 
     that follows and inserting ``(y), is in the United States not 
     as an alien lawfully admitted for permanent residence;''; and
       (3) in subsection (y)--
       (A) in the heading by striking ``Admitted Under 
     Nonimmigrant Visas'' and inserting ``Not Lawfully Admitted 
     for Permanent Residence'';
       (B) in paragraph (1), by amending subparagraph (B) to read 
     as follows:
       ``(B) the term `lawfully admitted for permanent residence' 
     has the same meaning as in section 101(a)(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).'';
       (C) in paragraph (2), by striking ``under a nonimmigrant 
     visa'' and inserting ``but not lawfully admitted for 
     permanent residence''; and
       (D) in paragraph (3)(A), by striking ``admitted to the 
     United States under a nonimmigrant visa'' and inserting 
     ``lawfully admitted to the United States but not as an alien 
     lawfully admitted for permanent residence''.
                                 ______
                                 
  SA 1431. Mr. BLUMENTHAL 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 1421, between lines 12 and 13, insert the 
     following:
       ``(D) The compensation or terms, conditions, or privileges 
     of employment of the individual.
       On page 1422, line 5, strike ``law enforcement;'' and 
     insert ``eligibility requirements for law enforcement 
     officers;''.
                                 ______
                                 
  SA 1432. Mr. BLUMENTHAL 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 G of title III, add the following:

     SEC. 3722. NOTIFICATION WHEN BACKGROUND CHECK FAILS DUE TO 
                   STATUS AS PROHIBITED ALIEN.

       Section 922(t) of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(7) If the national instant background check system 
     notifies the licensee that the receipt of a firearm by such 
     other person would violate subsection (g)(5), the Attorney 
     General shall notify the Secretary of Homeland Security.''.

     SEC. 3723. NOTIFICATION AFTER MULTIPLE FIREARMS PURCHASES.

       Section 923(g)(3) of title 18, United States Code, is 
     amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following:
       ``(B) Each licensee shall prepare a report of multiple 
     sales or other dispositions whenever the licensee sells or 
     otherwise disposes of, at one time or during any 5 
     consecutive business days, 2 or more pistols, or revolvers, 
     or any combination of pistols and revolvers totaling 2 or 
     more, to a non-citizen. The report shall be prepared on a 
     form specified by the Attorney General and forwarded to the 
     office specified thereon and to the Department of Homeland 
     Security, not later than the close of business on the day 
     that the multiple sale or other disposition occurs.''.
                                 ______
                                 
  SA 1433. Mr. BLUMENTHAL 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 970, strike lines 15 through 19, and insert the 
     following:
       ``(ii) is able to demonstrate--

       ``(I) average income or resources that are not less than 
     100 percent of the Federal poverty level throughout the 
     period of admission as a registered provisional immigrant; or
       ``(II) that average income was adversely impacted due to a 
     violation of applicable Federal, State, or local labor or 
     employment laws.

       On page 986, strike lines 11 through 15, and insert the 
     following:
       ``(ii) can demonstrate--

       ``(I) average income or resources that are not less than 
     125 percent of the Federal poverty level throughout the 
     period of admission as a registered provisional immigrant; or
       ``(II) that average income was adversely impacted due to a 
     violation of applicable Federal, State, or local labor or 
     employment laws.

                                 ______
                                 
  SA 1434. Mr. BLUMENTHAL 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 1439, between lines 10 and 11, insert the 
     following:
       (c) Suspension of Enforcement Actions During Workplace 
     Investigations of Protected Workplace Activities..--Section 
     274A (8 U.S.C. 12324a), as amended by section 3101, is 
     further amended by adding at the end of subsection (e) the 
     following:
       ``(10) Suspension of civil worksite enforcement actions 
     during workplace investigations or protected workplace 
     activities for protection of workers' rights.--
       ``(A) In general.--To ensure that enforcement actions of 
     U.S. Immigrations and Customs Enforcement are consistent with 
     laws protecting the rights of workers and workplace rights, 
     the Secretary may not initiate or continue a civil worksite 
     enforcement action--
       ``(i) at a facility where an investigation of violations of 
     workplace rights by another government agency or body is 
     ongoing; or
       ``(ii) directed at employees who are engaged in a protected 
     workplace activity.
       ``(B) Requirements before commencement of enforcement 
     actions.--
       ``(i) No initiation without determination.--Whenever the 
     Secretary contemplates

[[Page S4801]]

     initiating a civil worksite enforcement action, the Secretary 
     shall first determine whether either conditions set forth in 
     clause (i) or (ii) of subparagraph (A) are met.
       ``(ii) Manner of making determination.--The Secretary shall 
     make each determination required by clause (i) by all means 
     reasonably available to the Secretary and appropriate under 
     the circumstances, including, but not limited to--

       ``(I) by contacting the Department of Labor, which shall 
     act as a repository for reports or claims filed concerning 
     protected workplace activity (including reports and claims 
     filed with government agencies or bodies); and
       ``(II) by reviewing records of the Secretary of previous 
     enforcement actions, if any, at the facility concerned.

       ``(iii) Department of labor assistance.--The Secretary of 
     Labor shall assist the Secretary in making determinations 
     under this subparagraph by providing timely and accurate 
     information to allow for identification of civil worksite 
     enforcement actions at facilities.
       ``(C) Definitions.--In this paragraph:
       ``(i) Enforcement action.--The term `enforcement action' 
     includes the civil authority of Immigration and Customs 
     Enforcement to inspect Forms I-9, to investigate referrals 
     received from the electronic employment eligibility 
     verification program of the U.S. Citizenship and Immigration 
     Services, to investigate, to search, to fine, and to make 
     civil arrests for violations of immigration law relating to 
     employment of aliens without work authorization.
       ``(ii) Government agency or body.--The term `government 
     agency or body' including any Federal, State, or local 
     government entity.
       ``(iii) Protected workplace activity.--The term `protected 
     workplace activity' includes the assertion or exercise of any 
     workplace rights.
       ``(iv) Workplace rights.--The term `workplace rights' has 
     the meaning given that term in section 274A(b)(8).''.
       On page 1439, strike lines 11 through 13 and insert the 
     following:
       (d) Temporary Stay of Removal.--Section 274A (8 U.S.C. 
     1324a), as amended by section 3101 and subsection (c), is 
     further amended--
       On page 1439, line 16, strike ``(10)'' and insert ``(11)''.
       On page 1442, line 4, strike ``(d)'' and insert ``(e)''.
       On page 1442, line 21, strike ``(e)'' and insert ``(f)''.
       On page 1443, line 3, strike ``(f)'' and insert ``(g)''.
       On page 1445, line 5, strike ``(g)'' and insert ``(h)''.
                                 ______
                                 
  SA 1435. Mr. BLUMENTHAL 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. ___. DEFINITIONS OF CONVICTION AND TERM OF IMPRISONMENT.

       (a) In General.--Section 101(a)(48) (8 U.S.C. 
     1101(a)(48)(A)) is amended--
       (1) by striking subparagraph (A) and inserting the 
     following:
       ``(A) The term `conviction' means, with respect to an 
     alien, a formal judgment of guilt of the alien entered by a 
     court. An adjudication or judgment of guilt that has been 
     expunged, deferred, annulled, invalidated, withheld, or 
     vacated, an order of probation without entry of judgment, or 
     any similar disposition shall not be considered a conviction 
     for purposes of this Act.''; and
       (2) in subparagraph (B)--
       (A) by inserting ``only'' after ``deemed to include''; and
       (B) by striking ``court of law'' and all that follows and 
     inserting ``court of law. Any such reference shall not be 
     deemed to include any suspension of the imposition or 
     execution of that imprisonment or sentence in whole or in 
     part.''.
       (b) Effective Date and Application.--
       (1) Effective date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act.
       (2) Application.--The amendments made by subsection (a) 
     shall apply to convictions and sentences entered before, on, 
     or after the date of the enactment of this Act.

     SEC. ___. RETROACTIVE APPLICATION.

       (a) Grounds of Deportability.--Section 237 (8 U.S.C. 1227) 
     is amended by adding at the end the following
       ``(e) Date of Offense.--Notwithstanding any other provision 
     of this section, an alien is not deportable by reason of 
     committing any offense that was not a ground of deportability 
     on the date on which the offense occurred.''.
       (b) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 
     1182), as amended by sections 2312(d), 2313(b), and 
     4211(a)(3), is further amended by adding at the end the 
     following:
       ``(y) Date of Offense.--Notwithstanding any other provision 
     of this section, an alien is not inadmissible by reason of 
     committing any offense that was not a ground of 
     inadmissibility on the date on which the offense occurred.''.
       On page 1494, between lines 17 and 18, insert the 
     following:
       (d) Execution of Order of Removal.--Section 240(b)(5)(C) (8 
     U.S.C. 1229a(b)(5)(C)) is amended to read as follows:
       ``(C) Execution of order.--
       ``(i) In general.--An order of removal under subparagraph 
     (A) may be executed only after an immigration judge makes 
     findings, by clear and convincing evidence, that--

       ``(I) the alien's failure to appear was not because of 
     exceptional circumstances;
       ``(II) the alien received notice in accordance with 
     paragraph (1) or (2) of section 239(a);
       ``(III) the alien was not in Federal, State, or local 
     custody; and
       ``(IV) failure to appear was not otherwise due to 
     circumstances beyond the alien's control.

       ``(ii) Notice.--Before the immigration judge enters the 
     findings set forth in clause (i), the alien or the alien's 
     representative shall be given notice and an opportunity to 
     make oral and written submissions regarding the applicability 
     of subclauses (I) through (IV) of clause (i).
       ``(iii) Order of removal in absentia.--If the judge enters 
     the findings set forth in clause (i), the judge may enter an 
     order in absentia under this paragraph.
       ``(iv) Motion to rescind proceedings permitted.--Findings 
     set forth in clause (i) shall not bar the subsequent filing 
     of a motion to rescind, including a motion filed at any time 
     based on evidence that the alien's failure to appear was due 
     to a lack of notice in accordance with paragraph (1) or (2) 
     of section 239(a).
       ``(v) Reopen proceedings required.--If the immigration 
     judge does not enter findings, by clear and convincing 
     evidence, that subclauses (I) through (IV) of clause (i) have 
     been satisfied, the judge shall reopen the proceedings.
       ``(vi) Findings required before removal.--No alien may be 
     removed pursuant to the authority of an in absentia removal 
     order described in clause (iii) before the immigration judge 
     issues the findings set forth in clause (i).''.
       On page 1566, strike lines 7 through 19, and insert the 
     following:
       (a) Inadmissibility.--Section 212(a)(2)(A) (8 U.S.C. 
     1182(a)(2)(A)) is amended--
       (1) in clause (i)--
       (A) in subclause (I), by striking ``, or'' at the end and 
     inserting a semicolon;
       (B) in subclause (II), by striking the comma at the end and 
     inserting ``; or''; and
       (C) by inserting after subclause (II) the following:

       ``(III) a violation of section 1541, 1545, and subsection 
     (b) of section 1546 of title 18, United States Code,''; and

       (2) in clause (ii)--
       (A) in the matter preceding subclause (I), by striking 
     ``(I)'';
       (B) in subclause (I), by striking ``when the alien was 
     under 18 years of age, and the crime was committed (and the 
     alien released from any confinement to a prison or 
     correctional institution imposed for the crime)''; and
       (C) by amending subclause (II) to read as follows:

       ``(II) the crime resulted in a conviction for which the 
     alien was incarcerated for a period of 1 year or less.''.

       (b) Removal.--Section 237(a) (8 U.S.C. 1227(a)) is 
     amended--
       (1) in paragraph (2)(A), by amending clause (i) to read as 
     follows:
       ``(i) Crimes of moral turpitude.--Any alien who is 
     convicted of a crime involving moral turpitude committed 
     within 5 years (or 10 years in the case of an alien provided 
     lawful permanent resident status under section 245(j)) after 
     the date of admission for which the alien was incarcerated 
     for a period exceeding 1 year, is deportable.''; and
       (2) in paragraph (3)(B), by amending clause (iii) to read 
     as follows:
                                 ______
                                 
  SA 1436. Mr. BLUMENTHAL 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 943, line 2, strike ``BEFORE DECEMBER 31, 2011,''.
       On page 944, beginning on line 6, strike ``December 31, 
     2011;'' and insert ``April 17, 2013;''.
       On page 944, line 10, strike ``December 31, 2011,'' and 
     insert ``April 17, 2013,''.
       On page 944, beginning on line 24, strike ``December 31, 
     2011,'' and insert ``April 17, 2013,''.
       On page 950, beginning on line 8, strike ``December 31, 
     2012.'' and insert ``April 17, 2013,''.
       On page 956, beginning on line 2, strike ``December 31, 
     2011'' and insert ``April 17, 2013''.
       On page 1020, strike line 3 and all that follows through 
     the first 2 undesignated lines after line 5, and insert the 
     following:
       (e) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 245A the 
     following:
       "Sec. 245B. Adjustment of status of eligible entrants to 
           that of registered provisional immigrant.
                                 ______
                                 
  SA 1437. Mr. BLUMENTHAL 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:


[[Page S4802]]


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

     SEC. 4416. SHORT-TERM STUDY ON TOURIST VISAS.

       Section 101(a)(15)(B) (8 U.S.C. 1101(a)(15)(B)) is amended 
     to read as follows:
       ``(B) an alien (other than an alien coming to the United 
     States to pursue a course of study exceeding 90 days, to 
     perform skilled or unskilled labor, or as a representative of 
     foreign press, radio, film, or other foreign information 
     media engaged in such vocation) having a residence in a 
     foreign country, which the alien has no intention of 
     abandoning, who is visiting the United States temporarily--
       ``(i) for business purposes;
       ``(ii) for pleasure; or
       ``(iii) to pursue a course of study for up to 90 days at an 
     accredited institution of higher education.''.
                                 ______
                                 
  SA 1438. Mr. BLUMENTHAL 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. ___. WHISTLEBLOWER PROTECTIONS.

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

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

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

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

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

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

       (b) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, and after an opportunity for 
     notice and comment, the Secretary of Labor shall promulgate 
     regulations to carry out the amendment made by subsection 
     (a).
                                 ______
                                 
  SA 1439. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. ALIEN CREWMAN.

       Section 258(c)(4) (8 U.S.C. 1288(c)(4)) is amended--
       (1) in subsection (c)(4)--
       (A) in subparagraph (B)--
       (i) in clause (i), by inserting ``to file an attestation in 
     accordance with paragraph (1) or subsection (d)(1) or'' after 
     ``failure''; and
       (ii) in clause (iii), by inserting ``an entity has failed 
     to file an attestation in accordance with paragraph (1) or 
     subsection (d)(1),'' after ``believe that'';
       (B) in subparagraph (C)(i), by inserting ``or failure to 
     file an attestation'' after ``attestation''; and
       (C) in subparagraph (E)(i), by inserting ``has failed to 
     file an attestation in accordance with paragraph (1) or 
     subsection (d)(1) or'' after ``an entity''; and
       (2) in subsection (d)(1)(A), by striking ``except that--'' 
     and all that follows through ``(ii)'' and inserting ``except 
     that''.
                                 ______
                                 
  SA 1440. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1829, line 8, strike ``20,000'' and insert 
     ``200,000''.
       On page 1829, line 9, strike ``35,000'' and insert 
     ``250,000''.
       On page 1829, line 10, strike ``55,000'' and insert 
     ``300,000''.
       On page 1829, line 11, strike ``75,000'' and insert 
     ``350,000''.
       On page 1833, lines 1 and 2, strike ``20,000 nor more than 
     200,000'' and replace with ``200,000 nor more than 400,000''.
                                 ______
                                 
  SA 1441. 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:

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

     SEC. 3722. BREACHED BOND/DETENTION FUND DEPOSITS.

       Section 286(r) (8 U.S.C. 1356(r)) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) There shall be deposited--
       ``(A) as offsetting receipts into the Fund all breached 
     cash and surety bonds, posted under this Act which are 
     recovered by the Department of Homeland Security, and amounts 
     described in section 245(i)(3)(B).; and
       ``(B) into the Fund unclaimed moneys from the `Unclaimed 
     Moneys of Individuals Whose Whereabouts are Unknown' account 
     established pursuant to 31 U.S.C. 1322, from cash received as 
     security on immigration bonds and interest that accrued on 
     such cash, that remains unclaimed for a period of at least 10 
     years from the date it was first transferred into Treasury's 
     Unclaimed Moneys account if the transfer of the unclaimed 
     moneys will occur only after electronic notice is posted for 
     six months and the moneys remain unclaimed after such 
     notice.'';
       (2) in paragraph (3), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security'';
       (3) in paragraph (5)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by striking ``transfers to the general fund,''; and
       (4) by striking paragraph (6).
                                 ______
                                 
  SA 1442. 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:

       Beginning on page 855, strike line 24 and all that follows 
     through ``(i)'' on page 856, line 23, and insert the 
     following:

[[Page S4803]]

       (1) Processing of applications for registered provisional 
     immigrant status.--
       (A) In general.--Not earlier than the date on which the 
     Secretary submits to Congress a certification that the 
     Secretary has maintained effective control of high-risk 
     border sectors along the Southern border for a period of not 
     less than 6 months, the Secretary may commence processing 
     applications for registered provisional immigrant status 
     pursuant to section 245B of the Immigration and Nationality 
     Act, as added by section 2101 of this Act.
       (B) High-risk border sector defined.--In this paragraph, 
     the term ``high-risk border sector'' means a border sector in 
     which more than 30,000 individuals were apprehended by the 
     Department during the most recent fiscal year.
       (2) Adjustment of status of registered provisional 
     immigrants.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary may not adjust the status of aliens who have 
     been granted registered provisional immigrant status, except 
     for aliens granted blue card status under section 2201 of 
     this Act or described in section 245D(b) of the Immigration 
     and Nationality Act, until the Secretary, after consultation 
     with the Comptroller General of the United States, submits to 
     the President and Congress a written certification that--
       (i) the Secretary has maintained effective control of the 
     Southern border for a period of not less than 6 months;
       (ii)
                                 ______
                                 
  SA 1443. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 133, strike line 20 and all that follows 
     through page 136, line 17.
                                 ______
                                 
  SA 1444. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 397, strike line 11 and all that follows 
     through page 399, line 8.
                                 ______
                                 
  SA 1445. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. STATUS VERIFICATION FOR REMITTANCE TRANSFERS.

       (a) In General.--Section 919 of the Electronic Fund 
     Transfer Act (relating to remittance transfers) (12 U.S.C. 
     1692o-1) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Status Verification of Sender.--
       ``(1) Request for proof of status.--
       ``(A) In general.--Each remittance transfer provider shall 
     request from each sender of a remittance transfer, the 
     recipient of which is located in any country other than the 
     United States, proof of the status of that sender under the 
     immigration laws, prior to the initiation of the remittance 
     transfer.
       ``(B) Acceptable documentation.--Acceptable documentation 
     of the status of the sender under this paragraph--
       ``(i) shall be, in any State that requires proof of legal 
     residence--

       ``(I) a State-issued driver's license or Federal passport; 
     or
       ``(II) the same documentation as required by the State for 
     proof of identity for the issuance of a driver's license, or 
     as required for a passport; and

       ``(ii) shall be, in any State that does not require proof 
     of legal residence, such documentation as the Bureau shall 
     require, by rule; and
       ``(iii) does not include any matricula consular card.
       ``(2) Fine for noncompliance.--Each remittance transfer 
     provider shall impose on any sender who is unable to provide 
     the proof of status requested under paragraph (1) at the time 
     of transfer, a fine equal to 7 percent of the United States 
     dollar amount to be transferred (excluding any fees or other 
     charges imposed by the remittance transfer provider).
       ``(3) Submission of fines to bureau.--All fines imposed and 
     collected by a remittance transfer provider under paragraph 
     (2) shall be submitted to the Bureau, in such form and in 
     such manner as the Bureau shall establish, by rule.
       ``(4) Administrative and enforcement costs.--The Bureau 
     shall use fines submitted under paragraph (3) to pay the 
     administrative and enforcement costs to the Bureau in 
     carrying out this subsection.
       ``(5) Use of fines for border protection.--Amounts from the 
     collection of fines under this subsection that remain 
     available after the payment of expenses described in 
     paragraph (4), shall be transferred by the Bureau to the 
     Treasury, to be used to pay expenses relating to United 
     States Customs and Border Protection for border security 
     fencing, infrastructure, and technology.
       ``(6) Definition relating to immigration status.--In this 
     subsection, the term `immigration laws' has the same meaning 
     as in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).''.
       (b) Study and Report Regarding Remittance Transfer 
     Processing Fines and Identification Program.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study to determine the effects of the 
     enactment of section 919(g) of the Electronic Fund Transfer 
     Act, as amended by this Act.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Banking, Housing, and Urban Affairs and 
     the Committee on Homeland Security and Government Affairs of 
     the Senate and the Committee on Financial Services of the 
     House of Representatives a report on the results of the study 
     conducted under paragraph (1) that includes--
       (A) an analysis of the costs and benefits of complying with 
     section 919(g) of the Electronic Fund Transfer Act, as 
     amended by this Act; and
       (B) recommendations about whether the fines imposed under 
     that section 919(g) should be extended or increased.
                                 ______
                                 
  SA 1446. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 979, between lines 22 and 23, insert the following:
       ``(D) Mandatory removal.--The Secretary shall revoke the 
     status of, and commence special removal proceedings under 
     section 238 against, any registered provisional immigrant who 
     is convicted of--
       ``(i) any felony;
       ``(ii) a crime of violence that results in death or serious 
     bodily injury; or
       ``(iii) an offense relating to drug trafficking.
                                 ______
                                 
  SA 1447. 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 967, strike line 22 and all that follows 
     through page 968, line 8, and insert the following:
       ``(C) Clearances and other prerequisites.--
       ``(i) In general.--Before any alien may be granted 
     registered provisional immigrant status, the Secretary 
     shall--

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

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

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

       ``(ii) Additional security screening.--The Secretary, in 
     consultation with the Secretary of State and other 
     interagency partners, shall conduct an additional security 
     screening upon determining, in the Secretary's opinion based 
     upon information related to national security, that an alien 
     or alien dependent spouse or child is or was a citizen or 
     long-term resident of a region or country known to pose a 
     threat, or that contains groups or organizations that pose a 
     threat, to the national security of the United States.''.
       On page 971, line 20, insert ``clearances, and other 
     prerequisites required under paragraph (8)(C),'' after 
     ``checks,''.
                                 ______
                                 
  SA 1448. 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 1083, strike lines 3 and 4 and insert the 
     following:
       ``(C) Regional considerations.--
       ``(i) In general.--In determining the distribution of visas 
     described in subparagraph (A), the Secretary shall consider 
     the needs of various geographical regions and the current and 
     historical demand for agriculture workers evidenced by the 
     usage of each State of the H-2A worker program pursuant to 
     section

[[Page S4804]]

     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)) .
       ``(ii) Coordination.--In making the determinations required 
     by clause (i), the Secretary shall annually solicit input 
     from State and local authorities, including State 
     Commissioners, Secretaries, and Directors of Agriculture.
       ``(D) Effect of 2nd or subsequent designated agricultural 
     employer.--A non-
                                 ______
                                 
  SA 1449. Ms. CANTWELL 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 1636, line 18, strike ``$1,000'' and insert 
     ``$2,500''.
       On page 1649, line 7, strike ``or'' and insert the 
     following:
       (F) providing funding to public institutions of higher 
     education, as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)), to strengthen and 
     increase capacity for computer science and computer 
     engineering programs offered by the institutions;
       (G) to support student loan repayment programs for 
     kindergarten through grade 12 mathematics or science teachers 
     who have received baccalaureate or postbaccalaureate degrees 
     in STEM fields from institutions of higher education, as 
     defined in such section 101(a), for the student loans 
     incurred by the teachers for such degrees; or
                                 ______
                                 
  SA 1450. Ms. HEITKAMP (for herself, Mr. Hoeven, Mr. Johnson of South 
Dakota, and Mr. Thune) 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, strike line 3 and insert the following:

     SEC. 2244. BEEKEEPERS IN AGRICULTURAL WORKER PROGRAMS.

       (a) In General.--Section 4 of the Migrant and Seasonal 
     Agricultural Worker Protection Act (7 U.S.C. 1803) is amended 
     by adding at the end the following:
       ``(c)(1) In this subsection, the term `beekeeper' means any 
     person [who is a producer, or who engages in honey 
     production,] as such terms are defined in section 3 of the 
     Honey Research, Promotion, and Consumer Information Act (7 
     U.S.C. 4602).
       ``(2) The provisions of title I requiring registration as a 
     farm labor contractor do not apply to a beekeeper, for 
     purposes of determining whether the beekeeper or employees of 
     the beekeeper are eligible to participate in a program under 
     section 2211 of the Border Security, Economic Opportunity, 
     and Immigration Modernization Act, section 245F of the 
     Immigration and Nationality Act, as added by section 2212 of 
     the Border Security, Economic Opportunity, and Immigration 
     Modernization Act, or section 218A of the Immigration and 
     Nationality Act, as added by section 2232 of the Border 
     Security, Economic Opportunity, and Immigration Modernization 
     Act.''.
       (b) Effective Date.--Notwithstanding section 2245, this 
     section takes effect on the date of enactment of this Act.

     SEC. 2245. EFFECTIVE DATE.

                                 ______
                                 
  SA 1451. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1626, strike line 5, and insert the following:

     SEC. 3807. PROTECTION OF DETAINED CHILDREN.

       (a) Prohibition on Housing Children in Adult Detention 
     Facilities.--
       (1) In general.--The Secretary shall not house any child 
     who is younger than 18 years of age in any adult detention 
     facility unless the child is detained pursuant to section 
     236A of the Immigration and Nationality Act (8 U.S.C. 1226a).
       (2) Transfer requirements.--Upon any notice or suspicion 
     that an alien in the custody of the Department may be younger 
     than 18 years of age at any time after apprehension, the 
     Secretary shall--
       (A) immediately, or as soon as practicable, but in no case 
     later than 24 hours after such notice or suspicion, initiate 
     an age determination assessment in accordance with section 
     3612, unless the Secretary determines an alien is a child;
       (B) release or transfer the child out of any adult 
     detention facility where the child is being housed, as soon 
     as practicable, but in no case later than 72 hours after the 
     determination of the child's age; and
       (C) give primary consideration to the best interests of the 
     child and utilize the least restrictive means available in 
     carrying out the transfer or release of the child.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to abrogate or limit any rights, protections, or 
     requirements under section 3612 and 3717(b) of this Act, 
     section 462 of the Homeland Security Act of 2002 (6 U.S.C. 
     279), or section 235 of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232).
       (4) Defined term.--In this subsection, the term ``detention 
     facility'' has the meaning given the term in section 3802, 
     except that family residential facilities and units in which 
     the child is housed with family members shall not be deemed a 
     detention facility for purposes of this subsection.
       (b) Government Accountability Office Report.--
       (1) In general.--Not later than 6 months after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States, after consultation with the appropriate 
     committees and nongovernmental organizations, shall submit a 
     report to the appropriate congressional committees on the 
     housing and detention practices of children.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include an assessment of the Department's compliance 
     with Federal statutes and Department regulations and policies 
     on the housing and transfer of child detainees in and from 
     detention facilities.

     SEC. 3808. SEVERABILITY.

       On page 1606, between lines 17 and 18, insert the 
     following:
       (12) For any alien child who is younger than 18 years of 
     age at any stage in the child's bond and removal proceedings, 
     on at least a quarterly basis--
       (A) each facility where the child is being housed;
       (B) the duration of the child's stay at each facility; and
       (C) the conditions of confinement for the child at each 
     facility housed, including--
       (i) whether the child is placed in solitary confinement; 
     and
       (ii) whether the conditions of confinement for the detained 
     child meet the applicable policies and standards of the 
     Department.
       (13) On at least a quarterly basis, whether each child who 
     has been housed in custody at any point during the child's 
     bond and removal proceedings was represented by an attorney.
       On page 1609, between lines 3 and 4, insert the following:
       (9) For any alien child who is younger than 18 years of age 
     at any point during the removal process, on at least a 
     quarterly basis--
       (A) each facility where the child is being or has been 
     housed;
       (B) the duration of the child's stay at each facility; and
       (C) the conditions of confinement for the child at each 
     facility housed, including--
       (i) whether the child is placed in solitary confinement; 
     and
       (ii) whether the conditions of confinement for the detained 
     child meet the applicable policies and standards of the 
     Department.
       (10) On at least a quarterly basis, whether each child who 
     has been housed in custody at any point during the child's 
     removal process was represented by an attorney.
                                 ______
                                 
  SA 1452. Mr. LEVIN 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 897, strike line 14 and insert the following:
       (b) Reassignments.--
       (1) Between sectors.--The Secretary is authorized to 
     reassign U.S. Customs and Border Protection officers and 
     Border Patrol agents from 1 border sector to another border 
     sector.
       (2) Construction.--Nothing in subsection (a) may
                                 ______
                                 
  SA 1453. 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)(15)(S)(i)(III) 
     (8 U.S.C. 1101(a)(15)(S)(i)(III)) is amended by inserting 
     ``or national security investigation'' after ``authorized 
     criminal investigation''.
       (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''; and
       (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 1454. Mr. LEAHY 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 852, strike the item relating to section 4409 and 
     insert the following:

``Sec. 4409. F-1 Visa admission fee.''.

       On page 852, strike the item relating to section 4509 and 
     insert the following:

``Sec. 4509. B Visa admission fee.''.

       On page 892, lines 14 and 15, strike ``Inspector Generals'' 
     and insert ``Inspectors General''.

[[Page S4805]]

       On page 940, line 23, strike ``migrant'' and insert 
     ``alien''.
       On page 941, line 3, strike ``migrant'' and insert 
     ``alien''.
       On page 941, line 13, strike ``migrant'' and insert 
     ``alien''.
       On page 941, line 14, strike ``migrant'' and insert 
     ``alien''.
       On page 941, line 17, strike ``migrant'' and insert 
     ``alien''.
       On page 942, line 6, strike ``migrants'' and insert 
     ``aliens''.
       On page 942, line 14, strike ``migrant'' and insert 
     ``alien''.
       On page 942, line 16, strike ``migrant'' and insert 
     ``alien''.
       On page 990, line 24, strike ``(3)(2)'' and insert 
     ``(3)(1)''.
       On page 991, line 1, strike ``12102(2)'' and insert 
     ``12102(1)''.
       On page 1043, line 18, insert ``is not represented or'' 
     after ``applicant''.
       On page 1162, strike lines 7 through 11 and insert the 
     following:
       (B) has been lawfully present in the United States, in a 
     status that allows for employment authorization, for a 
     continuous period of not less than 10 years, not counting 
     brief, casual, and innocent absences.
       On page 1163, lines 1 and 2, strike ``the effective date 
     specified in section 2307(a)(3) of this Act'' and insert 
     ``the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act''.
       On page 1181, line 12, insert ``or lawful permanent 
     resident'' after ``citizen''.
       On page 1181, line 20, insert ``or lawful permanent 
     residence'' after ``citizenship''.
       On page 1187, line 2, strike ``minute'' and insert ``day''.
       On page 1191, strike lines 14 through 16 and insert the 
     following:
       (iii) by amending subsection (h) to read as follows:
       ``(h) Survival of Rights to Petition.--The legal 
     termination of a marriage may not be the sole basis for 
     revocation under section 205 of a petition filed under 
     subsection (a)(1)(C) pursuant to conditions described in 
     subsection (a)(1)(C)(i). Remarriage of an alien whose 
     petition was approved under subsection (a)(1)(C) or marriage 
     of an alien described in subparagraphs (D) or (F) of 
     subsection (a)(1) shall not be the basis for revocation of a 
     petition approval under section 205.''.
       On page 1198, line 24, strike ``(1)(A)'' and insert 
     ``(1)(B)''.
       On page 1200, line 9, strike ``2212(d)'' and insert 
     ``2212(b)''.
       On page 1214, line 25, strike ``the United States'' and 
     insert ``a State''.

       On page 1220, line 13, insert ``Federal'' after ``any''.
       On page 1247, line 4, ``the Attorney General, and the 
     Director of the National Counterterrorism Center,'' after 
     ``Defense,''.
       On page 1258, line 14, ``the Attorney General, and the 
     Director of the National Counterterrorism Center,'' after 
     ``Defense,''.
       On page 1277, line 23, strike ``institutions'' and insert 
     ``instruction''.
       On page 1287, line 1, strike ``DIRECTORS'' and insert 
     ``TRUSTEES''.
       On page 1287, line 4, strike ``Directors'' and insert 
     ``Trustees''.
       On page 1287, line 10, strike ``directors'' and insert 
     ``trustees''.
       On page 1287, lines 10 and 11, strike ``directors'' and 
     insert ``trustees''.
       On page 1358, lines 1 and 2, strike ``Secretary'' and 
     insert ``Attorney General''.
       On page 1600, line 24, ``, to citizens, subjects, 
     nationals, or residents of that country'' after ``classes of 
     visas''.
       On page 1612, strike lines 3 through 6 and insert the 
     following:
       ``(2)(A) An enforcement action may not take place at, or be 
     focused on, a sensitive location except--
       ``(i) under exigent circumstances; or
       ``(ii) if prior approval is obtained.''.
       On page 1736, line 4, strike ``clause (iv) or (v)'' and 
     insert ``clause (iii), (iv), or (v)''.
       On page 1744, line 17, strike ``f-1 visa fee'' and insert 
     ``F-1 VISA ADMISSION FEE''.
       On page 1745, line 1, strike ``Fees'' and insert the 
     following:
       ``(2) Deposit.--Fees''.
       On page 1745, strike lines 6 through 17.
       On page 1783, line 21, strike ``B VISA FEE'' and insert ``B 
     VISA ADMISSION FEE''.
       On page 1784, line 1, strike ``B Visa Fee'' and insert ``B 
     Visa Admission Fee''.
       On page 1793, line 7, strike ``Fee'' and insert ``Admission 
     fee''.
       On page 1853, line 4, strike ``application'' and insert 
     ``applicable''.
       On page 1855, line 7, strike ``or'' and insert ``of''.
       On page 1855, strike line 11.
       On page 1855, line 12, strike ``(dd)'' and insert ``(cc)''.
       On page 1855, line 14, strike ``(ee)'' and insert ``(dd)''.
       On page 1855, line 17, insert ``business'' before 
     ``entity''.
       On page 1855, line 18, strike ``(ff)'' and insert ``(ee)''.
       On page 1855, line 21, strike ``(gg)'' and insert ``(ff)''.
       On page 1855, line 23, strike ``(ff)'' and insert ``(ee)''.
       On page 1861, strike lines 4 through 7 and insert the 
     following:

       ``(III) is managed by an investment adviser (as defined in 
     section 202(a)(11) of the Investment Advisers Act of 1940 (15 
     U.S.C. 80b-2(a)(11))) that--''.

       On page 1862, lines 6 and 7, strike ``includes the position 
     of'' and insert ``shall include such positions as''.
       On page 1864, line 5, insert ``interest'' after 
     ``ownership''.
       On page 1864, line 16, strike ``devoted'' and insert 
     ``made''.
       On page 1864, line 19, strike ``to'' and insert ``in''.
       On page 1865, line 2, insert ``, the alien's United States 
     business entity'' after ``date''.
       On page 1866, line 9, strike ``devoted'' and insert 
     ``made''.
       On page 1866, line 12, strike ``to'' and insert ``in''.
       On page 1866, line 19, insert ``, the alien's United States 
     business entity'' after ``date''.
                                 ______
                                 
  SA 1455. Mr. LEAHY 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 1869, strike line 22 and all that follows 
     through page 1910, line 5, and insert the following:

     SEC. 4804. PERMANENT AUTHORIZATION OF EB-5 REGIONAL CENTER 
                   PROGRAM.

       (a) Repeal.--Section 610 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1993 (8 U.S.C. 1153 note) is repealed.
       (b) Authorization.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)) 
     is amended by adding at the end the following:
       ``(E) Regional center program.--
       ``(i) In general.--Visas under this paragraph shall be made 
     available to qualified immigrants participating in a program 
     implementing this paragraph that involves a regional center 
     in the United States, which has been designated by the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Commerce, on the basis of a general proposal for 
     the promotion of economic growth, including--

       ``(I) increased export sales;
       ``(II) improved regional productivity;
       ``(III) job creation; or
       ``(IV) increased domestic capital investment.

       ``(ii) Establishment of a regional center.--A regional 
     center shall have jurisdiction over a defined geographic 
     area, which shall be described in the proposal and consistent 
     with the purpose of concentrating pooled investment in 
     defined economic zones. The establishment of a regional 
     center may be based on general predictions, contained in the 
     proposal, concerning--

       ``(I) the kinds of commercial enterprises that may receive 
     investments from aliens without limiting the scope of 
     regional center activity to any specific industry or 
     industries referenced in the proposal;
       ``(II) the jobs that may be created directly or indirectly 
     as a result of such investments; and
       ``(III) other positive economic effects such investments 
     may have.

       ``(iii) Indirect job creation.--The Secretary of Homeland 
     Security shall permit immigrants admitted under this 
     paragraph to satisfy the requirements under subparagraph 
     (A)(ii) with jobs that are estimated to be created indirectly 
     through investment under this paragraph in accordance with 
     this subparagraph.
       ``(iv) Compliance.--In determining compliance with 
     subparagraph (A)(ii), the Secretary of Homeland Security 
     shall permit aliens admitted under the program described in 
     this subparagraph to establish reasonable methodologies for 
     determining the number of jobs created by the program, 
     including jobs estimated to have been created indirectly 
     through revenues generated from increased exports, improved 
     regional productivity, job creation, and increased domestic 
     capital investment resulting from the program, including jobs 
     created outside of the geographic boundary of the regional 
     center as a result of the immigrant's investment in regional 
     center associated commercial enterprises.
       ``(v) Amendments.--The Secretary of Homeland Security--

       ``(I) may require approved regional centers to give notice 
     to the Secretary of significant changes to their 
     organization;
       ``(II) may approve or disapprove the changes referred to in 
     subclause (I); and
       ``(III) shall not suspend the Secretary's adjudication of 
     any filings by, or related to, a regional center, including 
     investor petitions under section 203(b)(5), regardless of 
     whether such regional center has given notice to the 
     Secretary pursuant to subclause (I).

       ``(F) Preapproval of business plans for regional center 
     investments.--
       ``(i) Petition.--Before the filing of a petition under this 
     subparagraph by an alien investor, a commercial enterprise 
     associated with a regional center may file a petition with 
     the Secretary of Homeland Security to preapprove a particular 
     investment in the commercial enterprise, as provided in--

       ``(I) a business plan for a specific capital investment 
     project;
       ``(II) investment documents, such as subscription, 
     investment, partnership, and operating agreements; and
       ``(III) a credible economic analysis regarding estimated 
     job creation that is based upon reasonable methodologies.

       ``(ii) Preapproval procedure.--The Secretary shall 
     establish a process to facilitate the preapproval of business 
     plans under this subparagraph related to investment in a 
     regional center commercial enterprise, which

[[Page S4806]]

     shall include an opportunity for the applicant to address and 
     cure any deficiencies identified by the Secretary in the 
     applicant's business plan, investment documents, or statement 
     regarding job creation prior to a final determination. The 
     Secretary shall impose a fee for the use of the process 
     described in this clause sufficient to recover the costs of 
     its administration pursuant to subsections (m) and (n) of 
     section 286.
       ``(iii) Effect of preapproval of business plan for 
     investment in regional center commercial enterprise.--The 
     preapproval of a petition under this subparagraph shall be 
     binding for purposes of the adjudication of subsequent 
     petitions seeking classification under this paragraph by 
     immigrants investing in the same commercial enterprise 
     concerning the same economic activity, and of petitions filed 
     under section 216A, unless the Secretary determines that 
     there is evidence of fraud, misrepresentation, criminal 
     misuse, a threat to national security, a material change that 
     affects the approved economic model, or other evidence 
     affecting program eligibility that was not disclosed by the 
     petitioner during the preapproval process.
       ``(iv) Expedited processing option for alien investor 
     petitions associated with preapproved business plans.--The 
     Secretary may establish a premium processing option for 
     business plan preapproval and for petitions by alien 
     investors who are investing in a commercial enterprise that 
     has received preapproval under this subparagraph pursuant to 
     section 286(u).
       ``(v) Consideration of criminal activity in establishing 
     eligibility criteria.--The Secretary shall consider the 
     potential for fraud, misrepresentation, criminal misuse, and 
     threats to national security in establishing eligibility 
     criteria for any program the Secretary may establish under 
     this subparagraph.
       ``(vi) Effect of prior determinations.--If a commercial 
     enterprise does not file a petition for preapproval under 
     this subparagraph, or files a petition under this 
     subparagraph that is denied, the approval of any of the items 
     described in clause (i) submitted in support of a petition 
     seeking classification of an alien as an alien investor under 
     this paragraph shall be binding for purposes of the 
     adjudication of subsequent petitions seeking classification 
     under this paragraph by aliens investing in the same 
     commercial enterprise concerning the same economic activity, 
     and of petitions filed under section 216A, unless the 
     Secretary determines that there is evidence of fraud, 
     misrepresentation, criminal misuse, a threat to national 
     security, a material change that affects the approved 
     economic model, or evidence affecting program eligibility 
     that was not disclosed.
       ``(G) Regional center financial statements.--
       ``(i) In general.--Each regional center designated under 
     subparagraph (E) shall annually submit, to the Director of 
     U.S. Citizenship and Immigration Services (referred to in 
     this subparagraph as the `Director'), in a manner prescribed 
     by the Secretary of Homeland Security, financial statements, 
     including--

       ``(I) an accounting of all foreign investor money invested 
     in association with the regional center or associated 
     conventional, enterprise; and
       ``(II) for each capital investment project--

       ``(aa) an accounting of the aggregate capital invested in 
     association with the regional center or associated commercial 
     enterprises by immigrants under this paragraph;
       ``(bb) a description of how such funds are being used to 
     execute the approved business plan;
       ``(cc) evidence that 100 percent of such investor funds 
     have been dedicated to the project;
       ``(dd) detailed evidence of the progress made toward the 
     completion of the project;
       ``(ee) an accounting of the aggregate direct and indirect 
     jobs created or preserved; and
       ``(ff) a certification by the regional center that such 
     statements are accurate.
       ``(ii) Amendment of financial statements.--If the Director 
     determines that a financial statement required under clause 
     (i) is deficient, or if the Director otherwise deems 
     appropriate, the Director may require the regional center to 
     amend or supplement such financial statement.
       ``(iii) Sanctions.--

       ``(I) Effect of violation.--If the Director determines that 
     a regional center, director, or other individual involved 
     with a regional center (other than an alien investor) has 
     violated any requirement under clause (i) or that the 
     regional center is conducting itself in a manner inconsistent 
     with its designation, the Director, after giving the regional 
     center an opportunity to rebut the alleged violations, may 
     sanction the violating entity or individual under subclause 
     (II).
       ``(II) Authorized sanctions.--The Director shall establish 
     a graduated set of sanctions for violations referred to in 
     subclause (I), including--

       ``(aa) fines equal to not more than 5 percent of the total 
     capital invested by immigrant investors in the commercial 
     enterprise's approved business plan, the payment of which 
     shall not in any circumstance utilize any of such immigrant 
     investors' capital investment;
       ``(bb) temporary suspension from participation in the 
     program described in subparagraph (E), which may be lifted by 
     the Director if the individual or entity cures the alleged 
     violation after being provided such an opportunity by the 
     Director;
       ``(cc) permanent bar from program participation for 1 or 
     more individuals affiliated with the regional center; and
       ``(dd) termination of regional center status.
       ``(H) Bona fides of persons involved in regional centers or 
     regional center associated commercial enterprises.--
       ``(i) In general.--No person shall be permitted by any 
     regional center or regional center associated commercial 
     enterprise to be involved with the regional center or 
     commercial enterprise as its principal, representative, 
     administrator, owner, officer, board member, manager, 
     executive, general partner, fiduciary, marketer, promoter, or 
     other similar position of substantive authority for the 
     operations, management or promotion of the regional center or 
     commercial enterprise if the Secretary of Homeland Security--

       ``(I) determines such person has been found liable within 
     the previous 5 years for any criminal or civil violation of 
     any law relating to fraud or deceit, or at any time if such 
     violation involved a criminal conviction with a term of 
     imprisonment of at least 1 year or a criminal or civil 
     violation of any law or agency regulation in connection with 
     the purchase or sale of a security, unless the Secretary 
     determines that the past violation should not prevent 
     involvement with the regional center or regional center 
     associated commercial enterprise; or
       ``(II) knows or has reasonable cause to believe that the 
     person is engaged in, has ever been engaged in, or seeks to 
     engage in any--

       ``(aa) illicit trafficking in any controlled substance;
       ``(bb) activity relating to espionage or sabotage;
       ``(cc) activity related to money laundering (as described 
     in section 1956 or 1957 of title 18, United States Code);
       ``(dd) terrorist activity (as defined in clauses (iii) and 
     (iv) of section 212(a)(3)(B));
       ``(ee) human trafficking or human rights offense; or
       ``(ff) violation of any statute, regulation, or Executive 
     Order regarding foreign financial transactions or foreign 
     asset control.
       ``(ii) Information required.--The Secretary shall require 
     such attestations and information, including, the submission 
     of fingerprints to the Federal Bureau of Investigation, and 
     shall perform such criminal record checks and other 
     background checks with respect to a regional center or 
     regional center associated commercial enterprise, and persons 
     involved in a regional center or regional center associated 
     commercial enterprise as described in clause (i), as the 
     Secretary considers appropriate to determine whether the 
     regional center or regional center associated commercial 
     enterprise is in compliance with clause (i). The Secretary 
     may require the information and attestations described in 
     this clause from such regional center or regional center 
     associated commercial enterprise, and any person involved in 
     the regional center or regional center associated commercial 
     enterprise, at any time on or after the date of the enactment 
     of the Border Security, Economic Opportunity, and Immigration 
     Modernization Act.
       ``(iii) Termination.--The Secretary is authorized, in the 
     Secretary's unreviewable discretion, to terminate any 
     regional center or regional center associated commercial 
     enterprise from the program under this paragraph if the 
     Secretary determines that--

       ``(I) the regional center or regional center associated 
     commercial enterprise is in violation of clause (i);
       ``(II) the regional center, a regional center associated 
     commercial enterprise, or any person involved with the 
     regional center or regional center associated commercial 
     enterprise has provided any false attestation or information 
     under clause (ii);
       ``(III) the regional center, regional center associated 
     commercial enterprise, or any person involved with the 
     regional center or regional center associated commercial 
     enterprise, fails to provide an attestation or information 
     requested by the Secretary under clause (ii); or
       ``(IV) the regional center, a regional center associated 
     commercial enterprise, or any person involved with the 
     regional center or regional center associated commercial 
     enterprise is engaged in fraud, misrepresentation, criminal 
     misuse, or threats to national security.

       ``(iv) Treatment of investors if regional center 
     terminated.--An alien who previously invested in a commercial 
     enterprise associated with a regional center that is 
     subsequently terminated under subclause (iii) shall be 
     provided an opportunity to invest in another approved 
     regional center. The termination of the regional center shall 
     not affect the alien's status.
       ``(I) Regional center compliance with securities laws.--
       ``(i) Certification required.--The Secretary of Homeland 
     Security shall not approve an application for regional center 
     designation or regional center amendment that does not 
     certify that the regional center and, to the best knowledge 
     of the applicant, all parties to the regional center are in, 
     and will maintain, compliance with the securities laws of the 
     United States.
       ``(ii) Exception for governmental entity.--If the regional 
     center described in clause (i) is operated by a State or 
     municipal entity, the regional center may obtain the 
     certifications required under subclause (i)

[[Page S4807]]

     for any commercial enterprises associated with the regional 
     center.
       ``(iii) Oversight required.--In furtherance of the 
     certification described in clause (i), any regional center 
     not operated by a State or municipal entity shall monitor and 
     supervise all offers and sales of securities made by 
     associated commercial enterprises to ensure compliance with 
     the securities laws of the United States, and to maintain 
     records, data ,and information relating to all such offers 
     and sales of securities.
       ``(iv) Termination or suspension.--The Secretary shall 
     terminate the designation of any regional center that does 
     not provide the certification described in subclause (i) on 
     an annual basis. In addition to any other authority provided 
     to the Secretary regarding the regional center program 
     described in subparagraph (E), the Secretary may, in his or 
     her unreviewable discretion, suspend or terminate the 
     designation of any regional center if he or she determines 
     that the regional center or any party to the regional 
     center--

       ``(I) is permanently or temporarily enjoined by order, 
     judgment, or decree of any court of competent jurisdiction in 
     connection with the purchase or sale of a security;
       ``(II) is subject to any final order of the Securities and 
     Exchange Commission that--

       ``(aa) bars such person from association with an entity 
     regulated by the Securities and Exchange Commission; or
       ``(bb) constitutes a final order based on violations in 
     connection with the purchase or sale of a security; or

       ``(III) knowingly submitted or caused to be submitted a 
     certification described in clause (i) that contained an 
     untrue statement of a material fact or omitted to state a 
     material fact necessary in order to make the statements made, 
     in the light of the circumstances under which they were made, 
     not misleading.

       ``(v) Savings provision.--Nothing in this subparagraph may 
     be construed to impair or limit the authority of the 
     Securities and Exchange Commission under the Federal 
     securities laws.
       ``(vi) Defined term.--In this subparagraph, the term `party 
     to the regional center' includes the regional center, its 
     agents, employees, and attorneys, and any persons in active 
     concert or participation with the regional center.
       ``(J) Denial or revocation.--If the Secretary of Homeland 
     Security determines, in his or her unreviewable discretion, 
     that the approval of a petition, application, or benefit 
     described in this subparagraph is contrary to the national 
     interest of the United States for reasons relating to fraud, 
     misrepresentation, criminal misuse, or threats to national 
     security, the Secretary may deny or revoke the approval of--
       ``(i) a petition seeking classification of an alien as an 
     alien investor under this paragraph;
       ``(ii) a petition to remove conditions under section 216A 
     before granting lawful permanent resident status or any other 
     petition, application, or benefit based upon the previous or 
     concurrent filing or approval of a petition for 
     classification of an alien under this paragraph; or
       ``(iii) an application for designation as a regional 
     center.''.
       (c) Assistance by the Secretary of Commerce.--
       (1) In general.--The Secretary of Commerce, upon the 
     request of the Secretary, shall provide consultation 
     assistance for determining whether--
       (A) a proposed regional center should be designated, 
     terminated, or subject to other adjudicative action; or
       (B) a petitioner or applicant for a benefit under section 
     203(b)(5) of the Immigration and Nationality Act, as amended 
     by subsection (b), has met the requirements under such 
     paragraph with respect to job creation.
       (2) Rulemaking.--The Secretary and the Secretary of 
     Commerce may each adopt such rules and regulations as are 
     necessary to carry out the consultation process provided for 
     in paragraph (1).
       (3) Savings provision.--The consultation provided under 
     paragraph (1) shall be voluntary. Nothing in this subsection 
     may be construed to require consultation with the Secretary 
     of Commerce to continue the designation of a regional center 
     approved before the date of the enactment of this Act or to 
     impede or delay the adjudication petitions by the Secretary.
       (d) Effective Date.--The amendments made by this section--
       (1) shall be effective upon the enactment of this Act; and
       (2) shall apply to--
       (A) any application to designate a regional center, and any 
     person involved with the regional center, that is pending or 
     approved on or after the date of the enactment of this Act; 
     and
       (B) any regional center approved before the date of the 
     enactment of this Act, on or after a delayed effective date 
     that is 1 year after such date of enactment with respect to 
     any person involved in the regional center on or after such 
     delayed effective date.

     SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
                   EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND 
                   CHILDREN.

       (a) In General.--Section 216A (8 U.S.C. 1186b) is amended 
     to read as follows:

     ``SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS FOR 
                   CERTAIN EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, 
                   AND CHILDREN.

       ``(a) In General.--
       ``(1) Conditional basis for status.--Notwithstanding any 
     other provision of this Act, employment-based immigrants (as 
     defined in subsection (g)(4)), alien spouses, and alien 
     children (as such terms are defined in subsection (g)(2)) 
     shall be considered, at the time of obtaining the status of 
     an alien lawfully admitted for permanent residence, to have 
     obtained such status on a conditional basis subject to the 
     provisions of this section.
       ``(2) Notice of requirements.--
       ``(A) At time of obtaining permanent residence.--At the 
     time an employment-based immigrant, alien spouse, or alien 
     child obtains permanent resident status on a conditional 
     basis under paragraph (1), the Secretary of Homeland Security 
     shall provide for notice to the alien, spouse, or child 
     respecting the provisions of this section and the 
     requirements of subsection (c)(1) to have the conditional 
     basis of such status removed.
       ``(B) At time of required petition.--In addition, the 
     Secretary of Homeland Security shall attempt to provide 
     notice to an employment-based immigrant, alien spouse, or 
     alien child, at or about the beginning of the 90-day period 
     described in subsection (d)(3), of the requirements of 
     subsection (c)(1).
       ``(C) Effect of failure to provide notice.--The failure of 
     the Secretary of Homeland Security to provide a notice under 
     this paragraph shall not affect the enforcement of the 
     provisions of this section with respect to an employment-
     based immigrant, alien spouse, or alien child.
       ``(b) Termination of Status if Finding That Qualifying 
     Employment Improper.--
       ``(1) Alien investor.--In the case of an alien investor 
     with permanent resident status on a conditional basis under 
     subsection (a), if the Secretary of Homeland Security 
     determines, before the second anniversary of the alien's 
     obtaining the status of lawful admission for permanent 
     residence, that--
       ``(A) the investment in the commercial enterprise was 
     intended as a means of evading the immigration laws of the 
     United States;
       ``(B)(i) the alien did not invest, or was not actively in 
     the process of investing, the requisite capital; or
       ``(ii) the alien was not sustaining the actions described 
     in clause (i) throughout the period of the alien's residence 
     in the United States; or
       ``(C) subject to the exception in subsection (d)(5), the 
     alien was otherwise not conforming to the requirements under 
     section 203(b)(5),

     the Secretary shall so notify the alien investor and, subject 
     to paragraph (3), shall terminate the permanent resident 
     status of the alien (and the alien spouse and alien child) 
     involved as of the date of the determination.
       ``(2) Employee of a federal national security, science, and 
     technology laboratory, center or agency.--In the case of an 
     employee of a Federal national security, science, and 
     technology laboratory, center, or agency (as defined pursuant 
     to section 203(b)(2)(C)) with permanent resident status on a 
     conditional basis under subsection (a), if the Secretary of 
     Homeland Security, in consultation with the relevant 
     employing department or agency, determines, before the first 
     anniversary of the alien's obtaining the status of lawful 
     admission for permanent residence, that--
       ``(A) the qualifying employment was intended as a means of 
     evading the immigration laws of the United States;
       ``(B) the alien has not completed or is not likely to 
     complete 12 months of qualifying continuous employment; or
       ``(C) the alien did not otherwise conform with the 
     requirements of section 203(b)(2),

     the Secretary shall so notify the alien involved and, subject 
     to paragraph (3), shall terminate the permanent resident 
     status of the alien (and the alien spouse and alien child) 
     involved as of the date of the determination.
       ``(3) Hearing in removal proceeding.--Any alien whose 
     permanent resident status is terminated under paragraph (1) 
     or (2) may request a review of such determination in a 
     proceeding to remove the alien. In such proceeding, the 
     burden of proof shall be on the Secretary of Homeland 
     Security to establish, by a preponderance of the evidence, 
     that a condition described in paragraph (1) or (2), as 
     appropriate, is met.
       ``(c) Requirements of Timely Petition and Interview for 
     Removal of Condition.--
       ``(1) In general.--
       ``(A) Petition and interview.--In order for the conditional 
     basis established under subsection (a) for an employment-
     based immigrant, alien spouse, or alien child to be removed--
       ``(i) the employment-based immigrant shall submit to the 
     Secretary of Homeland Security, during the period described 
     in subsection (d)(3), a petition which requests the removal 
     of such conditional basis and which states, under penalty of 
     perjury, the facts and information described in paragraph (1) 
     or (2) of subsection (d), as appropriate; and
       ``(ii) in accordance with subsection (d)(3), the 
     employment-based immigrant must appear for a personal 
     interview before an officer or employee of U.S. Citizenship 
     and Immigration Services respecting such facts and 
     information.
       ``(B) Separate petition not required.--An alien spouse or 
     alien child shall not be required to file separate petitions 
     under subparagraph (A)(i) if the employment-based

[[Page S4808]]

     immigrant's petition includes such alien spouse or alien 
     child.
       ``(C) Additional fee.--Notwithstanding any other provision 
     under this section, the Secretary may require the employment-
     based immigrant to pay an additional fee for a petition filed 
     under subparagraph (A)(i) that includes the alien's spouse 
     and child or children.
       ``(2) Termination of permanent resident status for failure 
     to file petition or have personal interview.--
       ``(A) In general.--In the case of an alien with permanent 
     resident status on a conditional basis under subsection (a), 
     if--
       ``(i) no petition is filed with respect to the alien in 
     accordance with the provisions of paragraph (1)(A); or
       ``(ii) unless there is good cause shown, the employment-
     based immigrant fails to appear at the interview described in 
     paragraph (1)(B) (if required under subsection (d)(4)),

     the Secretary of Homeland Security shall terminate the 
     permanent resident status of the alien (and the alien's 
     spouse and children if it was obtained on a conditional basis 
     under this section or section 216) as of the second 
     anniversary of the alien's lawful admission for permanent 
     residence.
       ``(B) Hearing in removal proceeding.--In any removal 
     proceeding with respect to an alien whose permanent resident 
     status is terminated under subparagraph (A), the burden of 
     proof shall be on the alien to establish compliance with the 
     conditions of paragraphs (1)(A) and (1)(B).
       ``(3) Determination after petition and interview.--
       ``(A) In general.--If--
       ``(i) a petition is filed in accordance with the provisions 
     of paragraph (1)(A); and
       ``(ii) the employment-based immigrant appears at any 
     interview described in paragraph (1)(B),

     the Secretary of Homeland Security shall make a 
     determination, not later than 90 days after the date of such 
     filing or interview (whichever is later), as to whether the 
     facts and information described in paragraph (1) or (2) of 
     subsection (d), as appropriate, and alleged in the petition 
     are true.
       ``(B) Removal of conditional basis if favorable 
     determination.--
       ``(i) Removal of conditional basis for alien investor.--If 
     the Secretary of Homeland Security determines with respect to 
     a petition filed by an alien investor that such facts and 
     information are true, the Secretary shall so notify the alien 
     investor and shall remove the conditional basis of the 
     alien's status effective as of the second anniversary of the 
     alien's lawful admission for permanent residence.
       ``(ii) Removal of conditional basis for employee of a 
     federal national security, science, and technology 
     laboratory, center or agency.--If the Secretary of Homeland 
     Security determines with respect to a petition filed by an 
     employee of a Federal national security, science, and 
     technology laboratory, center, or agency that such facts and 
     information are true, the Secretary shall so notify the alien 
     and shall remove the conditional basis of the alien's status 
     effective as of the first anniversary of the alien's lawful 
     admission for permanent residence.
       ``(C) Termination if adverse determination.--If the 
     Secretary of Homeland Security determines that such facts and 
     information are not true, the Secretary shall so notify the 
     alien involved and, subject to subparagraph (D), shall 
     terminate the permanent resident status of an employment-
     based immigrant, alien spouse, or alien child as of the date 
     of the determination.
       ``(D) Hearing in removal proceeding.--Any alien whose 
     permanent resident status is terminated under subparagraph 
     (C) may request a review of such determination in a 
     proceeding to remove the alien. In such proceeding, the 
     burden of proof shall be on the Secretary of Homeland 
     Security to establish, by a preponderance of the evidence, 
     that the facts and information described in subsection (d)(1) 
     and alleged in the petition are not true.
       ``(d) Details of Petition and Interview.--
       ``(1) Contents of petition by alien investor.--Each 
     petition filed by an alien investor under section (c)(1)(A) 
     shall contain facts and information demonstrating that the 
     alien--
       ``(A)(i) invested, or is actively in the process of 
     investing, the requisite capital; and
       ``(ii) sustained the actions described in clause (i) 
     throughout the period of the alien's residence in the United 
     States; and
       ``(B) except as provided in paragraph (4), is otherwise 
     conforming to the requirements under section 203(b)(5).
       ``(2) Contents of petition by employee of a federal 
     national security, science, and technology laboratory, 
     center, or agency.--Each petition under subsection (c)(1)(A) 
     filed by an employee of a Federal national security, science, 
     and technology laboratory, center, or agency shall contain 
     facts and information demonstrating that the alien is 
     conforming to the requirements of section 203(b)(2).
       ``(3) Period for filing petition.--
       ``(A) 90-day period before anniversary.--Except as provided 
     in subparagraph (B), the petition under subsection (c)(1)(A) 
     must be filed as follows:
       ``(i) In the case of an alien investor, during the 90-day 
     period before the second anniversary of the alien's lawful 
     admission for permanent residence.
       ``(ii) In the case of an employee of a Federal national 
     security, science, and technology laboratory, center, or 
     agency, during the 90-day period before the first anniversary 
     of the alien's lawful admission for permanent residence.
       ``(B) Late petitions.--Such a petition may be considered if 
     filed after such date, but only if the alien establishes to 
     the satisfaction of the Secretary of Homeland Security good 
     cause and extenuating circumstances for failure to file the 
     petition during the period described in subparagraph (A).
       ``(C) Filing of petitions during removal.--In the case of 
     an alien who is the subject of removal hearings as a result 
     of failure to file a petition on a timely basis in accordance 
     with subparagraph (A), the Secretary of Homeland Security may 
     stay such removal proceedings against an alien pending the 
     filing of the petition under subparagraph (B).
       ``(4) Personal interview.--The interview under subsection 
     (c)(1)(B) shall be conducted within 90 days after the date of 
     submitting a petition under subsection (c)(1)(A) and at a 
     local office of U.S. Citizenship and Immigration Services, 
     designated by the Secretary of Homeland Security, which is 
     convenient to the parties involved. The Secretary, in the 
     discretion of the Secretary, may waive the deadline for such 
     an interview or the requirement for such an interview in such 
     cases as may be appropriate.
       ``(5) Special rule for alien investors in a regional 
     center.--Each petition under subsection (c)(1)(A) filed by an 
     alien investor who invests in accordance with section 
     203(b)(5)(E) shall contain facts and information 
     demonstrating that the alien is complying with the 
     requirements under section 203(b)(5), except--
       ``(A) the alien shall not be subject to the requirements 
     under section 203(b)(5)(A)(ii); and
       ``(B) the petition shall--
       ``(i) refer to the most recent financial statement filed by 
     the regional center in which the alien has invested in 
     accordance with section 203(b)(5)(G); and
       ``(ii) contain a certification that the petitioner has read 
     the financial statement to which the alien's petition refers.
       ``(6) Effect of prior determinations.--The approval of any 
     of the items described in section 203(b)(5)(F)(i) submitted 
     in support of a petition seeking classification of an alien 
     as an alien investor under section 203(b)(5) shall be binding 
     for purposes of the adjudication of the alien investor's 
     petition filed under this section 216A, unless the Secretary 
     determines that there is evidence of fraud, 
     misrepresentation, criminal misuse, a threat to national 
     security, a material change that affects the approved 
     economic model, or evidence affecting program eligibility 
     that was not disclosed by the petitioner.
       ``(e) Treatment of Period for Purposes of Naturalization.--
     For purposes of title III, in the case of an alien who is in 
     the United States as a lawful permanent resident on a 
     conditional basis under this section, the alien shall be 
     considered to have been admitted as an alien lawfully 
     admitted for permanent residence and to be in the United 
     States as an alien lawfully admitted to the United States for 
     permanent residence, if the alien has had the conditional 
     basis removed pursuant to this section.
       ``(f) Fraud, Misrepresentation, Criminal Misuse, or Threats 
     to the Public Safety or National Security.--If the Secretary 
     of Homeland Security determines, in his or her sole and 
     unreviewable discretion, that the conditional permanent 
     resident status granted to an employment-based immigrant 
     under subsection (a), or to an alien researcher described in 
     section 203(b)(2)(A)(ii) is contrary to the national interest 
     of the United States for reasons relating to fraud, 
     misrepresentation, criminal misuse, or threats to national 
     security, the Secretary shall--
       ``(1) notify the immigrant involved of such determination; 
     and
       ``(2) terminate the permanent resident status of the 
     immigrant involved (and the alien spouse and alien children 
     of such immigrant) as of the date of such determination.
       ``(g) Definitions.--In this section:
       ``(1) The term `alien investor' means an alien who obtains 
     the status of an alien lawfully admitted for permanent 
     residence (whether on a conditional basis or otherwise) under 
     section 203(b)(5).
       ``(2) The term `alien spouse' and the term `alien child' 
     mean an alien who obtains the status of an alien lawfully 
     admitted for permanent residence (whether on a conditional 
     basis or otherwise) by virtue of being the spouse or child, 
     respectively, of an alien investor or an employee of a 
     Federal national security, science, and technology 
     laboratory, center, or agency.
       ``(3) The term `commercial enterprise' includes a limited 
     partnership.
       ``(4) The term `employment-based immigrant' means an alien 
     described in paragraph (1) or (5).
       ``(5) The term `employee of a Federal national security, 
     science, and technology laboratory, center, or agency' means 
     an alien who obtains the status of an alien lawfully admitted 
     for permanent residence (whether on a conditional basis or 
     otherwise) under section 203(b)(2)(A)(ii).''.
       (b) Conforming Amendment.--Section 216(e) (8 U.S.C. 
     1186a(e)) is amended by inserting before the period at the 
     end the following: ``, if the alien has had the conditional 
     basis removed pursuant to this section''.
       (c) Clerical Amendment.--The table of contents is amended 
     by striking the item relating to section 216A and inserting 
     the following:


[[Page S4809]]


``Sec. 216A. Conditional permanent resident status for certain 
              employment-based immigrants, spouses, and children.''.

     SEC. 4806. EB-5 VISA REFORMS.

       (a) Aliens Not Subject to Direct Numerical Limitation.--
     Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by 
     sections 2103(c)(2), 2212(d)(2), 2307(b), and 2402, is 
     further amended by adding at the end the following:
       ``(P) Aliens who are the spouse or a child of an alien 
     admitted as an employment-based immigrant under section 
     203(b)(5).''.
       (b) Technical Amendment.--Section 203(b)(5), as amended by 
     this Act, is further amended by striking ``Attorney General'' 
     each place it appears and inserting ``Secretary of Homeland 
     Security''.
       (c) Targeted Employment Areas.--
       (1) In general.--Section 203(b)(5)(B) (8 U.S.C. 
     1153(b)(5)(B)) is amended to read as follows:
       ``(B) Set-aside for targeted employment areas.--
       ``(i) In general.--Not fewer than 5,000 of the visas made 
     available under this paragraph in each fiscal year shall be 
     reserved for qualified immigrants who invest in a new 
     commercial enterprise described in subparagraph (A), which--

       ``(I) is investing such capital in a targeted employment 
     area; and
       ``(II) will create employment in such targeted employment 
     area.

       ``(ii) Duration of high unemployment area designation.--A 
     designation of a high unemployment area as a targeted 
     employment area shall be valid for 5 years and may be renewed 
     for additional 5-year periods if the area continues to meet 
     the definition of a high unemployment area. An investor who 
     has made the required amount of investment in such a targeted 
     employment area during its period of designation shall not be 
     required to increase the amount of investment based upon 
     expiration of the designation.''.
       (d) Adjustment of Minimum EB-5 Investment Amount.--Section 
     203(b)(5)(C)(i) (8 U.S.C. 1153(b)(5)(C)(i)) is amended--
       (1) by striking ``The Attorney General'' and inserting 
     ``The Secretary of Commerce'';
       (2) by striking ``Secretary of State'' and inserting 
     ``Secretary of Homeland Security''; and
       (3) by adding at the end the following: ``Unless adjusted 
     by the Secretary of Commerce, the amount specified in this 
     clause shall automatically adjust, on January 1, 2016, by the 
     percentage change in the Consumer Price Index (CPI-U) during 
     fiscal year 2015, and on every fifth subsequent January 1 by 
     the cumulative percentage change in the CPI-U during the 
     previous 5 fiscal years, for any petition filed to classify 
     an alien under this paragraph on or after the date of each 
     automatic adjustment.''.
       (e) Definitions.--
       (1) In general.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)), 
     as amended by subsections (b) and (c) and by section 4804, is 
     further amended--
       (A) by striking subparagraph (D) and inserting following:
       ``(D) Calculation of full-time employment.--Job creation 
     under this paragraph may consist of employment measured in 
     full-time equivalents, including intermittent or seasonal 
     employment opportunities and construction jobs. A full-time 
     employment position is not a requirement for indirect job 
     creation.''; and
       (B) by adding at the end the following:
       ``(K) Definitions.--In this paragraph:
       ``(i) The term `capital' means all real, personal, or mixed 
     assets, whether tangible or intangible, owned or controlled 
     by the investor, or held in trust for the benefit of the 
     investor, to which the investor has unrestricted access, 
     which shall be valued at fair market value in United States 
     dollars, in accordance with Generally Accepted Accounting 
     Principles, at the time it is invested under this paragraph.
       ``(ii) The term `full-time employment' means employment in 
     a position that requires at least 35 hours of service per 
     week, regardless of how many employees fill the position.
       ``(iii) The term `high unemployment area' means--

       ``(I) an area consisting of a census tract or contiguous 
     census tracts that has an unemployment rate that is at least 
     150 percent of the national average unemployment rate; or
       ``(II) an area that is within the boundaries established 
     for purposes of a Federal or State economic development 
     incentive program, including areas defined as Enterprise 
     Zones, Renewal Communities, Promise Zones, and Empowerment 
     Zones, and other programs for the purposes of job creation, 
     small business creation, and neighborhood revitalization.

       ``(iv) The term `rural area' means--

       ``(I) any area other than an area within a metropolitan 
     statistical area or within the outer boundary of any city or 
     town having a population of 20,000 or more (based on the most 
     recent decennial census of the United States); or
       ``(II) any city or town having a population of fewer than 
     20,000 (based on the most recent decennial census of the 
     United States) that is located within a State having a 
     population of fewer than 1,500,000 (based on the most recent 
     decennial census of the United States).

       ``(v) The term `targeted employment area' means a rural 
     area, any community adversely affected by a recommendation by 
     the Defense Base Closure and Realignment Commission, or a 
     high unemployment area.''.
       (2) Rulemaking.--The Secretary, in consultation with the 
     Secretary of Defense, shall issue appropriate regulations to 
     account for the modified definition of targeted employment 
     area in section 203(b)(5)(K)(v), as amended by paragraph 
     (1)(B).
       (3) Effective date.--The amendment made by paragraph (1) 
     shall apply to any application for a visa under section 
     204(a)(7) of the Immigration and Nationality Act that is 
     filed on or after the date that is 1 year after the date of 
     the enactment of this Act, unless the petitioner requests in 
     the petition that they take immediate effect.
       (4) Rule of construction.--None of the amendments made by 
     paragraph (1) may be construed to deny any petition under 
     section 216A filed by an alien who filed a petition under 
     section 203(b)(5) before the date of the enactment of this 
     Act.
       (f) Age Determination for Children of Alien Investors.--
     Section 203(h) (8 U.S.C. 1153(h)) is amended by adding at the 
     end the following:
       ``(5) Age determination for children of alien investors.--
     An alien admitted under subsection (d) as a lawful permanent 
     resident on a conditional basis as the child of an alien 
     lawfully admitted for permanent residence under subsection 
     (b)(5), whose lawful permanent resident status on a 
     conditional basis is terminated under section 216A, shall 
     continue to be considered a child of the principal alien for 
     the purpose of a subsequent immigrant petition by such alien 
     under subsection (b)(5) if the alien remains unmarried and 
     the subsequent petition is filed by the principal alien not 
     later than 1 year after the termination of conditional lawful 
     permanent resident status. No alien shall be considered a 
     child under this paragraph with respect to more than 1 
     petition filed after the alien's 21st birthday.''.
       (g) Enhanced Pay Scale for Certain Federal Employees 
     Administering the EB-5 Program.--The Secretary may establish, 
     fix the compensation of, and appoint individuals to, 
     designated critical administrative, technical, and 
     professional positions needed to administer sections 
     203(b)(5) and 216A of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)(5) and 1186b).
       (h) Delegation of Certain EB-5 Authority.--
       (1) In general.--The Secretary of Homeland Security may 
     delegate to the Secretary of Commerce authority and 
     responsibility for determinations under sections 203(b)(5) 
     and 216A (with respect to alien entrepreneurs) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 
     1186a), including determining whether an alien has met 
     employment creation requirements.
       (2) Regulations.--The Secretary of Homeland Security and 
     the Secretary of Commerce may each adopt such rules and 
     regulations as are necessary to carry out the delegation 
     authorized under paragraph (1), including regulations 
     governing the eligibility criteria for obtaining benefits 
     pursuant to the amendments made by this section.
       (3) Use of fees.--Adjudication fees described in section 
     286(m) of the Immigration and Nationality Act (8 U.S.C. 
     1356(m)) shall remain available until expended to reimburse 
     the Secretary of Commerce for the costs of any determinations 
     made by the Secretary of Commerce under paragraph (1).
       (i) Concurrent Filing of EB-5 Petitions and Applications 
     for Adjustment of Status.--Section 245 (8 U.S.C. 1255), as 
     amended by section 4237(b), is further amended--
       (1) in subsection (k), in the matter preceding paragraph 
     (1), by striking ``or (3)'' and inserting ``(3), (5), or 
     (7)''; and
       (2) by adding at the end the following:
       ``(o) At the time a petition is filed for classification 
     under section 203(b)(5), if the approval of such petition 
     would make a visa immediately available to the alien 
     beneficiary, the alien beneficiary's application for 
     adjustment of status under this section shall be considered 
     to be properly filed whether the application is submitted 
     concurrently with, or subsequent to, the visa petition.''.
       On page 852, strike the item relating to section 4409 and 
     insert the following:

``Sec. 4409. F-1 Visa admission fee.''.

       On page 852, strike the item relating to section 4509 and 
     insert the following:

``Sec. 4509. B Visa admission fee.''.

       On page 892, lines 14 and 15, strike ``Inspector Generals'' 
     and insert ``Inspectors General''.

       On page 940, line 23, strike ``migrant'' and insert 
     ``alien''.

       On page 941, line 3, strike ``migrant'' and insert 
     ``alien''.

       On page 941, line 13, strike ``migrant'' and insert 
     ``alien''.

       On page 941, line 14, strike ``migrant'' and insert 
     ``alien''.

       On page 941, line 17, strike ``migrant'' and insert 
     ``alien''.

       On page 942, line 6, strike ``migrants'' and insert 
     ``aliens''.

       On page 942, line 14, strike ``migrant'' and insert 
     ``alien''.

       On page 942, line 16, strike ``migrant'' and insert 
     ``alien''.

       On page 990, line 24, strike ``(3)(2)'' and insert 
     ``(3)(1)''.

       On page 991, line 1, strike ``12102(2)'' and insert 
     ``12102(1)''.

       On page 1043, line 18, insert ``is not represented or'' 
     after ``applicant''.

       On page 1162, strike lines 7 through 11 and insert the 
     following:

[[Page S4810]]

       (B) has been lawfully present in the United States, in a 
     status that allows for employment authorization, for a 
     continuous period of not less than 10 years, not counting 
     brief, casual, and innocent absences.

       On page 1163, lines 1 and 2, strike ``the effective date 
     specified in section 2307(a)(3) of this Act'' and insert 
     ``the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act''.

       On page 1181, line 12, insert ``or lawful permanent 
     resident'' after ``citizen''.

       On page 1181, line 20, insert ``or lawful permanent 
     residence'' after ``citizenship''.

       On page 1187, line 2, strike ``minute'' and insert ``day''.

       On page 1191, strike lines 14 through 16 and insert the 
     following:
       (iii) by amending subsection (h) to read as follows:
       ``(h) Survival of Rights to Petition.--The legal 
     termination of a marriage may not be the sole basis for 
     revocation under section 205 of a petition filed under 
     subsection (a)(1)(C) pursuant to conditions described in 
     subsection (a)(1)(C)(i). Remarriage of an alien whose 
     petition was approved under subsection (a)(1)(C) or marriage 
     of an alien described in subparagraphs (D) or (F) of 
     subsection (a)(1) shall not be the basis for revocation of a 
     petition approval under section 205.''.

       On page 1198, line 24, strike ``(1)(A)'' and insert 
     ``(1)(B)''.

       On page 1200, line 9, strike ``2212(d)'' and insert 
     ``2212(b)''.

       On page 1214, line 25, strike ``the United States'' and 
     insert ``a State''.

       On page 1220, line 13, insert ``Federal'' after ``any''.

       On page 1247, line 4, ``the Attorney General, and the 
     Director of the National Counterterrorism Center,'' after 
     ``Defense,''.

       On page 1258, line 14, ``the Attorney General, and the 
     Director of the National Counterterrorism Center,'' after 
     ``Defense,''.

       On page 1277, line 23, strike ``institutions'' and insert 
     ``instruction''.

       On page 1287, line 1, strike ``DIRECTORS'' and insert 
     ``TRUSTEES''.

       On page 1287, line 4, strike ``DIRECTORS'' and insert 
     ``TRUSTEES''.

       On page 1287, line 10, strike ``directors'' and insert 
     ``trustees''.

       On page 1287, lines 10 and 11, strike ``directors'' and 
     insert ``trustees''.

       On page 1358, lines 1 and 2, strike ``Secretary'' and 
     insert ``Attorney General''.

       On page 1600, line 24, ``, to citizens, subjects, 
     nationals, or residents of that country'' after ``classes of 
     visas''.

       On page 1612, strike lines 3 through 6 and insert the 
     following:
       ``(2)(A) An enforcement action may not take place at, or be 
     focused on, a sensitive location except--
       ``(i) under exigent circumstances; or
       ``(ii) if prior approval is obtained.''.

       On page 1736, line 4, strike ``clause (iv) or (v)'' and 
     insert ``clause (iii), (iv), or (v)''.

       On page 1744, line 17, strike ``F-1 VISA FEE'' and insert 
     ``F-1 VISA ADMISSION FEE''.

       On page 1745, line 1, strike ``Fees'' and insert the 
     following:
       ``(2) Deposit.--Fees''.

       On page 1745, strike lines 6 through 17.

       On page 1783, line 21, strike ``B VISA FEE'' and insert ``B 
     VISA ADMISSION FEE''.

       On page 1784, line 1, strike ``B Visa Fee'' and insert ``B 
     Visa Admission Fee''.

       On page 1793, line 7, strike ``Fee'' and insert ``Admission 
     fee''.

       On page 1853, line 4, strike ``application'' and insert 
     ``applicable''.

       On page 1855, line 7, strike ``or'' and insert ``of''.

       On page 1855, strike line 11.

       On page 1855, line 12, strike ``(dd)'' and insert ``(cc)''.

       On page 1855, line 14, strike ``(ee)'' and insert ``(dd)''.

       On page 1855, line 17, insert ``business'' before 
     ``entity''.

       On page 1855, line 18, strike ``(ff)'' and insert ``(ee)''.

       On page 1855, line 21, strike ``(gg)'' and insert ``(ff)''.

       On page 1855, line 23, strike ``(ff)'' and insert ``(ee)''.

       On page 1861, strike lines 4 through 7 and insert the 
     following:

       ``(III) is managed by an investment adviser (as defined in 
     section 202(a)(11) of the Investment Advisers Act of 1940 (15 
     U.S.C. 80b-2(a)(11))) that--''.

       On page 1862, lines 6 and 7, strike ``includes the position 
     of'' and insert ``shall include such positions as''.

       On page 1864, line 5, insert ``interest'' after 
     ``ownership''.

       On page 1864, line 16, strike ``devoted'' and insert 
     ``made''.

       On page 1864, line 19, strike ``to'' and insert ``in''.

       On page 1865, line 2, insert ``, the alien's United States 
     business entity'' after ``date''.

       On page 1866, line 9, strike ``devoted'' and insert 
     ``made''.

       On page 1866, line 12, strike ``to'' and insert ``in''.

       On page 1866, line 19, insert ``, the alien's United States 
     business entity'' after ``date''.

       On page 883, strike lines 19 through 22 and insert the 
     following:

     funding level provided in this Act;

       (xviii) costs to the Judiciary estimated to be caused by 
     the implementation of this Act and the amendments made by 
     this Act, as the Secretary and the Judicial Conference of the 
     United States shall jointly determine in consultation with 
     the Attorney General; and
       (xix) the operations and maintenance costs associated with 
     the implementation of clauses (i) through (xvii).

       On page 903, lines 5 through 12, strike ``Not less than 90 
     percent of the amounts made available under section 
     6(a)(3)(C)(ii) 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 insert the following: ``Grants under this subsection 
     shall be allocated based on sector-specific border risk 
     methodology, based on factors including threat, 
     vulnerability, miles of border, and other border-specific 
     information.''.

       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

[[Page S4811]]

     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.

       On page 908, between lines 7 and 8, insert the following:
       (e) Border Enforcement Security Task Force.--
       (1) In general.--The Secretary shall enhance law 
     enforcement preparedness and operational readiness in the 
     Southwest border region by expanding the Border Enforcement 
     Security Task Force (referred to in this section as 
     ``BEST''), established under section 432 of the Homeland 
     Security Act of 2002 (6 U.S.C. 240).
       (2) Units to be expanded.--The Secretary shall expand the 
     BEST units operating on the date of the enactment of this Act 
     in New Mexico, Texas, Arizona, and California by increasing 
     the funding available for operational, administrative, and 
     technological costs associated with the participation of 
     Federal, State, local, and tribal law enforcement agencies in 
     BEST.
       (3) Funding.--There are authorized to be appropriated, from 
     the Comprehensive Immigration Reform Trust Fund established 
     under section 6(a)(1), such sums as may be necessary to carry 
     out this subsection.

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

     SEC. 1122. BORDER INFECTIOUS DISEASE SURVEILLANCE PROJECT.

       (a) Funding for Border States.--Of the amount in the 
     Comprehensive Immigration Reform Trust Fund established by 
     section 6(a), $5,000,000 shall be made available to health 
     authorities of States along the Northern border or the 
     Southern border to strengthen the Border Infectious Disease 
     Surveillance project.
       (b) Use of Funds.--Amounts made available under subsection 
     (a) shall be used to implement priority surveillance, 
     epidemiology, and preparedness activities in the regions 
     along the Northern border or the Southern border to respond 
     to potential outbreaks and epidemics, including those caused 
     by potential bioterrorism agents.
       (c) Allocation of Funds.--Of the amounts made available 
     under subsection (a)--
       (1) $1,500,000 shall be made available to States along the 
     Northern border, which may use the infrastructure of the 
     Assistant Secretary for Preparedness and Response of the 
     Department of Health and Human Services; and
       (2) $3,500,000 shall be made available to States along the 
     Southern border.

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

     SEC. 1123. 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;

[[Page S4812]]

       (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--
       (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.

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

     SEC. 1124. 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. 1125. 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.

       At the end of title I, add the following:

     SEC. 1126. TRADE FACILITATION AND SECURITY ENHANCEMENT.

       The Secretary shall extend the hours of operation at the 
     port of entry in Santa Teresa, New Mexico, to 24 hours a 
     day--
       (1) for private vehicles, not later than 180 days after the 
     date of the enactment of this Act; and
       (2) for commercial vehicles, not later than 1 year after 
     the date of the enactment of this Act.

       At the end of title I, add the following:

     SEC. 1127. MARITIME BORDER SECURITY ENHANCEMENTS.

       (a) In General.--The Commissioner of U.S. Customs and 
     Border Protection, working through the Office of Air and 
     Marine, shall --
       (1) acquire and deploy such additional vessels and aircraft 
     as may be necessary to provide for enhanced maritime border 
     security along--
       (A) the coastal areas of the Southeastern United States, 
     including Florida, Puerto Rico, and the Gulf Coast; and
       (B) the California coast;
       (2) increase unarmed, unmanned aircraft deployments to the 
     Caribbean region;
       (3) acquire, upgrade, and maintain sensor systems for the 
     aircraft and vessel fleet;
       (4) increase air and maritime patrols to gain and enhance 
     maritime domain awareness;
       (5) increase and upgrade facilities as necessary to 
     accommodate personnel and asset needs;
       (6) perform whatever additional maintenance as may be 
     necessary to preserve the operational capability of any 
     additional air or marine assets;
       (7) modernize and appropriately staff the Air and Marine 
     Operations Center in order to enhance maritime domain 
     awareness; and

[[Page S4813]]

       (8) hire and deploy such personnel as may be necessary to 
     provide maritime border security along--
       (A) the coastal areas of the Southeastern United States, 
     including Florida, Puerto Rico, and the Gulf Coast; and
       (B) the California coast.
       (b) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated, there is 
     authorized to be appropriated, to U.S. Customs and Border 
     Protection, such sums as may be necessary to carry out 
     subsection (a) during fiscal years 2014 through 2018.

       At the end of title I, add the following:

     SEC. 1128. PREVENTING UNAUTHORIZED IMMIGRATION TRANSITING 
                   THROUGH MEXICO.

       (a) In General.--The Secretary of State, in coordination 
     with the Secretary, 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, 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, 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 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 may use such sums 
     as are necessary from the Comprehensive Immigration Trust 
     Fund established under section 6(a)(1) to carry out this 
     section.

       On page 1021, line 17, insert ``or public library'' after 
     ``organization''.

       On page 1226, line 3, strike ``Section'' and insert the 
     following:
       (a) In General.--Section

       On page 1226, after line 25, add the following:
       (b) Recognition of State Court Determinations of Name and 
     Birth Date.--Section 320 (8 U.S.C. 1431) is amended by adding 
     at the end the following:
       ``(c) A Certificate of Citizenship or other Federal 
     document issued or requested to be amended under this section 
     shall reflect the child's name and date of birth as indicated 
     on a birth certificate, certificate of birth facts, 
     certificate of birth abroad, or similar State vital records 
     document issued by the child's State of residence in the 
     United States after the child has been adopted or readopted 
     in that State.''.

       On page 1282, beginning on line 3, strike ``and'' and all 
     that follows through line 4, and insert the following:
       (14) the National Security Advisor; and
       (15) the Director of the Institute of Museum and Library 
     Services.

       On page 1282, beginning on line 24, strike ``and'' and all 
     that follows through line 25, and insert the following:
       (E) community development challenges; and
       (F) civics education; and

       On page 1286, beginning on line 21, strike ``and'' and all 
     that follows through line 23, and insert the following:
       (10) awarding grants to State and local governments under 
     section 2538; and
       (11) entering into agreements with other Federal agencies 
     to promote and assist the eligible organizations and 
     activities.

       On page 1288, line 17, insert ``(as defined in section 
     2106(b))'' before the period at the end.

       On page 1293, line 2, insert ``public libraries,'' after 
     ``municipalities,''.

       On page 1300, between lines 11 and 12, insert the 
     following:

     SEC. 2554. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED 
                   ENGLISH AND CIVICS, GOOD MORAL CHARACTER, AND 
                   HONORABLE SERVICE AND DISCHARGE REQUIREMENTS 
                   FOR NATURALIZATION.

       (a) In General.--Chapter 2 of title III (8 U.S.C. 1421 et 
     seq.) is amended by inserting after section 329A the 
     following:

     ``SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR 
                   ENGAGEMENT IN ACTIVE COMBAT OR ACTIVE 
                   PARTICIPATION IN COMBAT.

       ``(a) In General.--For purposes of naturalization and 
     continuing citizenship under the following provisions of law, 
     a person who has received an award described in subsection 
     (b) shall be treated--
       ``(1) as having satisfied the requirements in sections 
     312(a), 316(a)(3), and subsections (b)(3), (c), and (e) of 
     section 328; and
       ``(2) under sections 328 and 329, as having served 
     honorably in the Armed Forces for (in the case of section 
     328) a period or periods aggregating one year, and, if 
     separated from such service, as having been separated under 
     honorable conditions.
       ``(b) Application.--This section shall apply with respect 
     to the following awards from the Armed Forces of the United 
     States:
       ``(1) The Combat Infantryman Badge from the Army.
       ``(2) The Combat Medical Badge from the Army.
       ``(3) The Combat Action Badge from the Army.
       ``(4) The Combat Action Ribbon from the Navy, the Marine 
     Corps, or the Coast Guard.
       ``(5) The Air Force Combat Action Medal.
       ``(6) Any other award that the Secretary of Defense 
     determines to be an equivalent award for engagement in active 
     combat or active participation in combat.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 329A the 
     following:

``Sec. 329B. Persons who have received an award for engagement in 
              active combat or active participation in combat.''.

       On page 1341, line 2, insert ``The Commissioner, in 
     consultation with the Secretary, shall establish alternative 
     procedures for updating or correcting records maintained by 
     the Commissioner for the purposes of verifying the 
     individual's identity and employment eligibility if the 
     individual resides more than 150 highway miles from the 
     nearest office of the Social Security Administration or in a 
     location that is inaccessible by road from the nearest office 
     of the Social Security Administration.'' after 
     ``eligibility.''.

       On page 1409, line 1, insert ``, in consultation with the 
     Chief Counsel of the Office of Advocacy of the Small Business 
     Administration,'' after ``Secretary''.

       On page 1410, line 23, insert ``, conducted in consultation 
     with the Chief Counsel of the Office of Advocacy of the Small 
     Business Administration,'' after ``assessment''.

       On page 1411, between lines 12 and 13, insert the 
     following:
       (e) Early Adoption for Small Employers.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall create a mobile 
     application and utilize other available smart-phone 
     technology for employers utilizing the System, to encourage 
     small employers to utilize the System prior to the time at 
     which utilization becomes mandatory for all employers.
       (2) Marketing.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall, in consultation 
     with the Administrator of the Small Business Administration, 
     make available marketing and other incentives to small 
     business concerns to encourage small employers to utilize the 
     System prior to the time at which utilization of the System 
     becomes mandatory for all employers.

       On page 1411, line 13, strike ``(e)'' and insert ``(f)''.

       On page 1413, line 3, strike ``(f)'' and insert ``(g)''.

       On page 1455, strike line 8, and insert the following:
       (3) Implementation report.--Not later than 60 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives a report the implementation 
     of the biometric exit data system referred to in paragraph 
     (2), the impact of such system on any additional wait times 
     for travelers, and projections for new officer personnel, 
     including U.S. Customs and Border Protection officers.
       (4) Effectiveness report.--Not later than 3 years after the

       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.

[[Page S4814]]

     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
       (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.

       On page 1583, line 19, insert ``, in addition to for-profit 
     entities,'' before ``to conduct''.

       On page 1589, between lines 9 and 10, insert the following:
       (f) Cost Effectiveness in Detention Facility Contracting.--
     The Director of U.S. Immigration and Customs Enforcement 
     shall take appropriate measures to minimize, and if possible 
     reduce, the daily bed rate charged to the Federal Government 
     through a competitive process in contracting for or otherwise 
     obtaining detention beds while ensuring that the most recent 
     detention standards, including health standards, and 
     management practices employed by the agency are met.

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

     SEC. 3722. 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 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

[[Page S4815]]

     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.

       At the end of title III, add the following:

             Subtitle I--Resources for Holocaust Survivors

       CHAPTER 1--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS

     SEC. 3901. DEFINITION.

       Section 102 of the Older Americans Act of 1965 (42 U.S.C. 
     3002) is amended--
       (1) in paragraph (24)--
       (A) in subparagraph (B), by striking ``and'';
       (B) in subparagraph (C)(ii), by striking the period at the 
     end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) status as a Holocaust survivor.'';
       (2) by redesignating paragraphs (26) through (54) as 
     paragraphs (27) through (55); and
       (3) by inserting after paragraph (25) the following:
       ``(26) The term `Holocaust survivor' means an individual 
     who--
       ``(A)(i) lived in a country between 1933 and 1945 under a 
     Nazi regime, under Nazi occupation, or under the control of 
     Nazi collaborators; or
       ``(ii) fled from a country between 1933 and 1945 under a 
     Nazi regime, under Nazi occupation, or under the control of 
     Nazi collaborators;
       ``(B) was persecuted between 1933 and 1945 on the basis of 
     race, religion, physical or mental disability, sexual 
     orientation, political affiliation, ethnicity, or other 
     basis; and
       ``(C) was a member of a group that was persecuted by the 
     Nazis.''.

     SEC. 3902. ORGANIZATION.

       Section 305(a) of the Older Americans Act of 1965 (42 
     U.S.C. 3025(a)) is amended--
       (1) in paragraph (1)(E), by inserting ``older individuals 
     who are Holocaust survivors,'' after ``proficiency,'' each 
     place it appears; and
       (2) in paragraph (2)(E), by inserting ``older individuals 
     who are Holocaust survivors,'' after ``proficiency,''.

     SEC. 3903. AREA PLANS.

       Section 306 of the Older Americans Act of 1965 (42 U.S.C. 
     3026) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``older individuals who 
     are Holocaust survivors,'' after ``proficiency,'' each place 
     it appears;
       (B) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in clause (i)(I)(bb), by inserting ``older individuals 
     who are Holocaust survivors,'' after ``proficiency,''; and
       (II) in clause (ii), by inserting ``older individuals who 
     are Holocaust survivors,'' after ``proficiency,'' each place 
     it appears;

       (ii) in subparagraph (B)(i)--

       (I) in subclause (VI), by striking ``and'' at the end; and
       (II) by inserting after subclause (VII) the following:
       ``(VIII) older individuals who are Holocaust survivors; 
     and''; and

       (iii) in subparagraph (B)(ii), by striking ``subclauses (I) 
     through (VI)'' and inserting ``subclauses (I) through 
     (VIII)''; and
       (C) in paragraph (7)(B)(iii), by inserting ``, in 
     particular, older individuals who are Holocaust survivors,'' 
     after ``placement''; and
       (2) in subsection (b)(2)(B), by inserting ``older 
     individuals who are Holocaust survivors,'' after ``areas,''.

     SEC. 3904. STATE PLANS.

       Section 307(a) of the Older Americans Act of 1965 (42 
     U.S.C. 3027(a)) is amended--
       (1) in paragraph (4), by inserting ``older individuals who 
     are Holocaust survivors,'' after ``proficiency,'';
       (2) in paragraph (16)--
       (A) in subparagraph (A)--
       (i) in clause (v), by striking ``and'' at the end; and
       (ii) by adding at the end the following:
       ``(vii) older individuals who are Holocaust survivors; 
     and''; and
       (B) in subparagraph (B), by striking ``clauses (i) through 
     (vi)'' and inserting ``clauses (i) through (vii)''; and
       (3) in paragraph (28)(B)(ii), by inserting ``older 
     individuals who are Holocaust survivors,'' after ``areas,''.

     SEC. 3905. CONSUMER CONTRIBUTIONS.

       Section 315 of the Older Americans Act of 1965 (42 U.S.C. 
     3030c-2) is amended--
       (1) in subsection (c)(2), by inserting ``older individuals 
     who are Holocaust survivors,'' after ``proficiency,''; and
       (2) in subsection (d), by inserting ``older individuals who 
     are Holocaust survivors,'' after ``proficiency,''.

     SEC. 3906. PROGRAM AUTHORIZED.

       Section 373(c)(2)(A) of the Older Americans Act of 1965 (42 
     U.S.C. 3030s-1(c)(2)(A)) is amended by striking 
     ``individuals)'' and inserting ``individuals and older 
     individuals who are Holocaust survivors)''.

     SEC. 3907. PREVENTION OF ELDER ABUSE, NEGLECT, AND 
                   EXPLOITATION.

       Section 721(b)(12) of the Older Americans Act of 1965 (42 
     U.S.C. 3058i(b)(12)) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(D) older individuals who are Holocaust survivors.''.

  CHAPTER 2--FUNCTIONS WITHIN ADMINISTRATION FOR COMMUNITY LIVING TO 
                       ASSIST HOLOCAUST SURVIVORS

     SEC. 3911. DESIGNATION OF INDIVIDUAL WITHIN THE 
                   ADMINISTRATION.

       The Administrator for Community Living is authorized to 
     designate within the Administration for Community Living a 
     person who has specialized training, background, or 
     experience with Holocaust survivor issues to have 
     responsibility for implementing services for older 
     individuals who are Holocaust survivors.

     SEC. 3912. ANNUAL REPORT TO CONGRESS.

       The Administrator for Community Living, with assistance 
     from the individual designated under section 3911, shall 
     prepare and submit to Congress an annual report on the status 
     and needs, including the priority areas of concern, of older 
     individuals (as defined in section 102 of the Older Americans 
     Act of 1965 (42 U.S.C. 3002)) who are Holocaust survivors.

        CHAPTER 3--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS

     SEC. 3921. NUTRITION SERVICES.

       (a) In General.--Section 339(2) of the Older Americans Act 
     of 1065 (42 U.S.C. 3030g-21(2)) is amended--
       (1) in subparagraph (A), by amending clause (iii) to read 
     as follows:
       ``(iii) to the maximum extent practicable, are adjusted and 
     appropriately funded to meet any special health-related or 
     other dietary needs of program participants, including needs 
     based on religious, cultural, or ethnic requirements,'';
       (2) in subparagraph (J), by striking ``, and'' and 
     inserting a comma;
       (3) in subparagraph (K), by striking the period and 
     inserting ``, and''; and
       (4) by adding at the end the following:
       ``(L) encourages and educates individuals who distribute 
     nutrition services under subpart 2 to engage in conversation 
     with homebound older individuals and to be aware of the 
     warning signs of medical emergencies, injury or abuse in 
     order to reduce isolation and promote well-being.''.
       (b) Study of Nutrition Projects.--Section 317(a)(2) of the 
     Older Americans Act Amendments of 2006 (Public Law 109-365) 
     is amended--
       (1) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) an analysis of service providers' abilities to obtain 
     viable contracts for special foods necessary to meet a 
     religious requirement, required dietary need, or ethnic 
     consideration.''.

                       CHAPTER 4--TRANSPORTATION

     SEC. 3931. TRANSPORTATION SERVICES AND RESOURCES.

       Section 411(a) of the Older Americans Act of 1965 (42 
     U.S.C. 3032(a)) is amended--

[[Page S4816]]

       (1) by redesignating paragraph (13) as paragraph (14);
       (2) in paragraph (12), by striking ``; and'' and inserting 
     a semicolon; and
       (3) by inserting after paragraph (12) the following:
       ``(13) supporting programs that enable the mobility and 
     self-sufficiency of older individuals with the greatest 
     economic need and older individuals with the greatest social 
     need by providing transportation services and resources; 
     and''.

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

     SEC. 4416. INTERNATIONAL PARTICIPATION IN THE PERFORMING 
                   ARTS.

       Section 214(c)(6)(D) (8 U.S.C. 1184(c)(6)(D)) is amended--
       (1) in the first sentence, by inserting ``(i)'' before 
     ``Any person'';
       (2) in the second sentence--
       (A) by striking ``Once'' and inserting ``Except as provided 
     in clause (ii), once''; and
       (B) by striking ``Attorney General shall'' and inserting 
     ``Secretary of Homeland Security shall'';
       (3) in the third sentence, by striking ``The Attorney 
     General'' and inserting ``The Secretary''; and
       (4) by adding at the end the following:
       ``(ii) The Secretary of Homeland Security shall adjudicate 
     each petition for an alien with extraordinary ability in the 
     arts (as described in section 101(a)(15)(O)(i)), an alien 
     accompanying such an alien (as described in clauses (ii) and 
     (iii) of section 101(a)(15)(O)), or an alien described in 
     section 101(a)(15)(P) (other than an alien described in 
     paragraph (4)(A) (relating to athletes)) not later than 14 
     days after--
       ``(I) the date on which the petitioner submits the petition 
     with a written advisory opinion, letter of no objection, or 
     request for a waiver; or
       ``(II) the date on which the 15-day period described in 
     clause (i) has expired, if the petitioner has had an 
     appropriate opportunity to supply rebuttal evidence.
       ``(iii) If a petition described in clause (ii) is not 
     adjudicated before the end of the 14-day period described in 
     clause (ii) and the petitioner is an arts organization 
     described in paragraph (3), (5), or (6) of section 501(c) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code for the taxable year preceding 
     the calendar year in which the petition is submitted, or an 
     individual or entity petitioning primarily on behalf of such 
     an organization, the Secretary of Homeland Security shall 
     provide the petitioner with the premium processing services 
     referred to in section 286(u), without a fee.''.


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

     SEC. 4417. 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 visa 
     processing 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.

       On page 1861, beginning on line 24, strike ``each of the 
     most recent 2 years.'' and insert ``at least 2 of the most 
     recent 3 years.''.

       Beginning on page 1869, strike line 22 and all that follows 
     through page 1910, line 5, and insert the following:

     SEC. 4804. PERMANENT AUTHORIZATION OF EB-5 REGIONAL CENTER 
                   PROGRAM.

       (a) Repeal.--Section 610 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1993 (8 U.S.C. 1153 note) is repealed.
       (b) Authorization.--Section 203(b)(5) (8 U.S.C. 
     1153(b)(5)), as amended by sections 2307 and 2308, is further 
     amended by adding at the end the following:
       ``(E) Regional center program.--
       ``(i) In general.--Visas under this paragraph shall be made 
     available to qualified immigrants participating in a program 
     implementing this paragraph that involves a regional center 
     in the United States, which has been designated by the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Commerce, on the basis of a general proposal for 
     the promotion of economic growth, including--

       ``(I) increased export sales;
       ``(II) improved regional productivity;
       ``(III) job creation; or
       ``(IV) increased domestic capital investment.

       ``(ii) Establishment of a regional center.--A regional 
     center shall have jurisdiction over a defined geographic 
     area, which shall be described in the proposal and consistent 
     with the purpose of concentrating pooled investment in 
     defined economic zones. The establishment of a regional 
     center may be based on general predictions, contained in the 
     proposal, concerning--

       ``(I) the kinds of commercial enterprises that may receive 
     investments from aliens without limiting the scope of 
     regional center activity to any specific industry or 
     industries referenced in the proposal;
       ``(II) the jobs that may be created directly or indirectly 
     as a result of such investments; and
       ``(III) other positive economic effects such investments 
     may have.

       ``(iii) Indirect job creation.--The Secretary of Homeland 
     Security shall permit immigrants admitted under this 
     paragraph to satisfy the requirements under subparagraph 
     (A)(ii) with jobs that are estimated to be created indirectly 
     through investment under this paragraph in accordance with 
     this subparagraph.
       ``(iv) Compliance.--In determining compliance with 
     subparagraph (A)(ii), the Secretary of Homeland Security 
     shall permit aliens admitted under the program described in 
     this subparagraph to establish reasonable methodologies for 
     determining the number of jobs created by the program, 
     including jobs estimated to have been created indirectly 
     through revenues generated from increased exports, improved 
     regional productivity, job creation, and increased domestic 
     capital investment resulting from the program, including jobs 
     created outside of the geographic boundary of the regional 
     center as a result of the immigrant's investment in regional 
     center associated commercial enterprises.
       ``(v) Amendments.--The Secretary of Homeland Security--

       ``(I) may require approved regional centers to give notice 
     to the Secretary of significant changes to their 
     organization;
       ``(II) may approve or disapprove the changes referred to in 
     subclause (I); and
       ``(III) shall not suspend the Secretary's adjudication of 
     any filings by, or related to, a regional center, including 
     investor petitions under section 203(b)(5), regardless of 
     whether such regional center has given notice to the 
     Secretary pursuant to subclause (I).

       ``(F) Preapproval of business plans for regional center 
     investments.--
       ``(i) Petition.--Before the filing of a petition under this 
     subparagraph by an alien investor, a commercial enterprise 
     associated with a regional center may file a petition with 
     the Secretary of Homeland Security to preapprove a particular 
     investment in the commercial enterprise, as provided in--

       ``(I) a business plan for a specific capital investment 
     project;
       ``(II) investment documents, such as subscription, 
     investment, partnership, and operating agreements; and
       ``(III) a credible economic analysis regarding estimated 
     job creation that is based upon reasonable methodologies.

       ``(ii) Preapproval procedure.--The Secretary shall 
     establish a process to facilitate the preapproval of business 
     plans under this subparagraph related to investment in a 
     regional center commercial enterprise, which shall include an 
     opportunity for the applicant to address and cure any 
     deficiencies identified by the Secretary in the applicant's 
     business plan, investment documents, or statement regarding 
     job creation prior to a final determination. The Secretary 
     shall impose a fee for the use of the process described in 
     this clause sufficient to recover the costs of its 
     administration pursuant to subsections (m) and (n) of section 
     286.
       ``(iii) Effect of preapproval of business plan for 
     investment in regional center commercial enterprise.--The 
     preapproval of a petition under this subparagraph shall be 
     binding for purposes of the adjudication of subsequent 
     petitions seeking classification under this paragraph by 
     immigrants investing in the same commercial enterprise 
     concerning the same economic activity, and of petitions filed 
     under section 216A, unless the Secretary determines that 
     there is evidence of fraud, misrepresentation, criminal 
     misuse, a threat to national security, a material change that 
     affects the approved economic model, or other evidence 
     affecting program eligibility that was not disclosed by the 
     petitioner during the preapproval process.
       ``(iv) Expedited processing option for alien investor 
     petitions associated with preapproved business plans.--The 
     Secretary may establish a premium processing option for 
     business plan preapproval and for petitions by alien 
     investors who are investing in a commercial enterprise that 
     has received preapproval under this subparagraph pursuant to 
     section 286(u).
       ``(v) Consideration of criminal activity in establishing 
     eligibility criteria.--The Secretary shall consider the 
     potential for fraud, misrepresentation, criminal misuse, and 
     threats to national security in establishing eligibility 
     criteria for any program

[[Page S4817]]

     the Secretary may establish under this subparagraph.
       ``(vi) Effect of prior determinations.--If a commercial 
     enterprise does not file a petition for preapproval under 
     this subparagraph, or files a petition under this 
     subparagraph that is denied, the approval of any of the items 
     described in clause (i) submitted in support of a petition 
     seeking classification of an alien as an alien investor under 
     this paragraph shall be binding for purposes of the 
     adjudication of subsequent petitions seeking classification 
     under this paragraph by aliens investing in the same 
     commercial enterprise concerning the same economic activity, 
     and of petitions filed under section 216A, unless the 
     Secretary determines that there is evidence of fraud, 
     misrepresentation, criminal misuse, a threat to national 
     security, a material change that affects the approved 
     economic model, or evidence affecting program eligibility 
     that was not disclosed.
       ``(G) Regional center financial statements.--
       ``(i) In general.--Each regional center designated under 
     subparagraph (E) shall annually submit, to the Director of 
     U.S. Citizenship and Immigration Services (referred to in 
     this subparagraph as the `Director'), in a manner prescribed 
     by the Secretary of Homeland Security, financial statements, 
     including--

       ``(I) an accounting of all foreign investor money invested 
     in association with the regional center or associated 
     commercial enterprise; and
       ``(II) for each capital investment project--

       ``(aa) an accounting of the aggregate capital invested in 
     association with the regional center or associated commercial 
     enterprises by immigrants under this paragraph;
       ``(bb) a description of how such funds are being used to 
     execute the approved business plan;
       ``(cc) evidence that 100 percent of such investor funds 
     have been dedicated to the project;
       ``(dd) detailed evidence of the progress made toward the 
     completion of the project;
       ``(ee) an accounting of the aggregate direct and indirect 
     jobs created or preserved; and
       ``(ff) a certification by the regional center that such 
     statements are accurate.
       ``(ii) Amendment of financial statements.--If the Director 
     determines that a financial statement required under clause 
     (i) is deficient, or if the Director otherwise deems 
     appropriate, the Director may require the regional center to 
     amend or supplement such financial statement.
       ``(iii) Sanctions.--

       ``(I) Effect of violation.--If the Director determines that 
     a regional center, director, or other individual involved 
     with a regional center (other than an alien investor) has 
     violated any requirement under clause (i) or that the 
     regional center is conducting itself in a manner inconsistent 
     with its designation, the Director, after giving the regional 
     center an opportunity to rebut the alleged violations, may 
     sanction the violating entity or individual under subclause 
     (II).
       ``(II) Authorized sanctions.--The Director shall establish 
     a graduated set of sanctions for violations referred to in 
     subclause (I), including--

       ``(aa) fines equal to not more than 5 percent of the total 
     capital invested by immigrant investors in the commercial 
     enterprise's approved business plan, the payment of which 
     shall not in any circumstance utilize any of such immigrant 
     investors' capital investment;
       ``(bb) temporary suspension from participation in the 
     program described in subparagraph (E), which may be lifted by 
     the Director if the individual or entity cures the alleged 
     violation after being provided such an opportunity by the 
     Director;
       ``(cc) permanent bar from program participation for 1 or 
     more individuals affiliated with the regional center; and
       ``(dd) termination of regional center status.
       ``(H) Bona fides of persons involved in regional centers or 
     regional center associated commercial enterprises.--
       ``(i) In general.--No person shall be permitted by any 
     regional center or regional center associated commercial 
     enterprise to be involved with the regional center or 
     commercial enterprise as its principal, representative, 
     administrator, owner, officer, board member, manager, 
     executive, general partner, fiduciary, marketer, promoter, or 
     other similar position of substantive authority for the 
     operations, management or promotion of the regional center or 
     commercial enterprise if the Secretary of Homeland Security--

       ``(I) determines such person has been found liable within 
     the previous 5 years for any criminal or civil violation of 
     any law relating to fraud or deceit, or at any time if such 
     violation involved a criminal conviction with a term of 
     imprisonment of at least 1 year or a criminal or civil 
     violation of any law or agency regulation in connection with 
     the purchase or sale of a security, unless the Secretary 
     determines that the past violation should not prevent 
     involvement with the regional center or regional center 
     associated commercial enterprise; or
       ``(II) knows or has reasonable cause to believe that the 
     person is engaged in, has ever been engaged in, or seeks to 
     engage in any--

       ``(aa) illicit trafficking in any controlled substance;
       ``(bb) activity relating to espionage or sabotage;
       ``(cc) activity related to money laundering (as described 
     in section 1956 or 1957 of title 18, United States Code);
       ``(dd) terrorist activity (as defined in clauses (iii) and 
     (iv) of section 212(a)(3)(B));
       ``(ee) human trafficking or human rights offense; or
       ``(ff) violation of any statute, regulation, or Executive 
     Order regarding foreign financial transactions or foreign 
     asset control.
       ``(ii) Information required.--The Secretary shall require 
     such attestations and information, including, the submission 
     of fingerprints to the Federal Bureau of Investigation, and 
     shall perform such criminal record checks and other 
     background checks with respect to a regional center or 
     regional center associated commercial enterprise, and persons 
     involved in a regional center or regional center associated 
     commercial enterprise as described in clause (i), as the 
     Secretary considers appropriate to determine whether the 
     regional center or regional center associated commercial 
     enterprise is in compliance with clause (i). The Secretary 
     may require the information and attestations described in 
     this clause from such regional center or regional center 
     associated commercial enterprise, and any person involved in 
     the regional center or regional center associated commercial 
     enterprise, at any time on or after the date of the enactment 
     of the Border Security, Economic Opportunity, and Immigration 
     Modernization Act.
       ``(iii) Termination.--The Secretary is authorized, in the 
     Secretary's unreviewable discretion, to terminate any 
     regional center or regional center associated commercial 
     enterprise from the program under this paragraph if the 
     Secretary determines that--

       ``(I) the regional center or regional center associated 
     commercial enterprise is in violation of clause (i);
       ``(II) the regional center, a regional center associated 
     commercial enterprise, or any person involved with the 
     regional center or regional center associated commercial 
     enterprise has provided any false attestation or information 
     under clause (ii);
       ``(III) the regional center, regional center associated 
     commercial enterprise, or any person involved with the 
     regional center or regional center associated commercial 
     enterprise, fails to provide an attestation or information 
     requested by the Secretary under clause (ii); or
       ``(IV) the regional center, a regional center associated 
     commercial enterprise, or any person involved with the 
     regional center or regional center associated commercial 
     enterprise is engaged in fraud, misrepresentation, criminal 
     misuse, or threats to national security.

       ``(iv) Treatment of investors if regional center 
     terminated.--An alien who previously invested in a commercial 
     enterprise associated with a regional center that is 
     subsequently terminated under subclause (iii) shall be 
     provided an opportunity to invest in another approved 
     regional center. The termination of the regional center shall 
     not affect the alien's status.
       ``(I) Regional center compliance with securities laws.--
       ``(i) Certification required.--The Secretary of Homeland 
     Security shall not approve an application for regional center 
     designation or regional center amendment that does not 
     certify that the regional center and, to the best knowledge 
     of the applicant, all parties to the regional center are in, 
     and will maintain, compliance with the securities laws of the 
     United States.
       ``(ii) Exception for governmental entity.--If the regional 
     center described in clause (i) is operated by a State or 
     municipal entity, the regional center may obtain the 
     certifications required under subclause (i) for any 
     commercial enterprises associated with the regional center.
       ``(iii) Oversight required.--In furtherance of the 
     certification described in clause (i), any regional center 
     not operated by a State or municipal entity shall monitor and 
     supervise all offers and sales of securities made by 
     associated commercial enterprises to ensure compliance with 
     the securities laws of the United States, and to maintain 
     records, data ,and information relating to all such offers 
     and sales of securities.
       ``(iv) Termination or suspension.--The Secretary shall 
     terminate the designation of any regional center that does 
     not provide the certification described in subclause (i) on 
     an annual basis. In addition to any other authority provided 
     to the Secretary regarding the regional center program 
     described in subparagraph (E), the Secretary may, in his or 
     her unreviewable discretion, suspend or terminate the 
     designation of any regional center if he or she determines 
     that the regional center or any party to the regional 
     center--

       ``(I) is permanently or temporarily enjoined by order, 
     judgment, or decree of any court of competent jurisdiction in 
     connection with the purchase or sale of a security;
       ``(II) is subject to any final order of the Securities and 
     Exchange Commission that--

       ``(aa) bars such person from association with an entity 
     regulated by the Securities and Exchange Commission; or
       ``(bb) constitutes a final order based on violations in 
     connection with the purchase or sale of a security; or

       ``(III) knowingly submitted or caused to be submitted a 
     certification described in clause (i) that contained an 
     untrue statement of a material fact or omitted to state a 
     material fact necessary in order to make the statements made, 
     in the light of the circumstances under which they were made, 
     not misleading.

[[Page S4818]]

       ``(v) Savings provision.--Nothing in this subparagraph may 
     be construed to impair or limit the authority of the 
     Securities and Exchange Commission under the Federal 
     securities laws.
       ``(vi) Defined term.--In this subparagraph, the term `party 
     to the regional center' includes the regional center, its 
     agents, employees, and attorneys, and any persons in active 
     concert or participation with the regional center.
       ``(J) Denial or revocation.--If the Secretary of Homeland 
     Security determines, in his or her unreviewable discretion, 
     that the approval of a petition, application, or benefit 
     described in this subparagraph is contrary to the national 
     interest of the United States for reasons relating to fraud, 
     misrepresentation, criminal misuse, or threats to national 
     security, the Secretary may deny or revoke the approval of--
       ``(i) a petition seeking classification of an alien as an 
     alien investor under this paragraph;
       ``(ii) a petition to remove conditions under section 216A 
     before granting lawful permanent resident status or any other 
     petition, application, or benefit based upon the previous or 
     concurrent filing or approval of a petition for 
     classification of an alien under this paragraph; or
       ``(iii) an application for designation as a regional 
     center.''.
       (c) Assistance by the Secretary of Commerce.--
       (1) In general.--The Secretary of Commerce, upon the 
     request of the Secretary, shall provide consultation 
     assistance for determining whether--
       (A) a proposed regional center should be designated, 
     terminated, or subject to other adjudicative action; or
       (B) a petitioner or applicant for a benefit under section 
     203(b)(5) of the Immigration and Nationality Act, as amended 
     by subsection (b), has met the requirements under such 
     paragraph with respect to job creation.
       (2) Rulemaking.--The Secretary and the Secretary of 
     Commerce may each adopt such rules and regulations as are 
     necessary to carry out the consultation process provided for 
     in paragraph (1).
       (3) Savings provision.--The consultation provided under 
     paragraph (1) shall be voluntary. Nothing in this subsection 
     may be construed to require consultation with the Secretary 
     of Commerce to continue the designation of a regional center 
     approved before the date of the enactment of this Act or to 
     impede or delay the adjudication petitions by the Secretary.
       (d) Effective Date.--The amendments made by this section--
       (1) shall be effective upon the enactment of this Act; and
       (2) shall apply to--
       (A) any application to designate a regional center, and any 
     person involved with the regional center, that is pending or 
     approved on or after the date of the enactment of this Act; 
     and
       (B) any regional center approved before the date of the 
     enactment of this Act, on or after a delayed effective date 
     that is 1 year after such date of enactment with respect to 
     any person involved in the regional center on or after such 
     delayed effective date.

     SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
                   EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND 
                   CHILDREN.

       (a) In General.--Section 216A (8 U.S.C. 1186b) is amended 
     to read as follows:

     ``SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS FOR 
                   CERTAIN EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, 
                   AND CHILDREN.

       ``(a) In General.--
       ``(1) Conditional basis for status.--Notwithstanding any 
     other provision of this Act, employment-based immigrants (as 
     defined in subsection (g)(4)), alien spouses, and alien 
     children (as such terms are defined in subsection (g)(2)) 
     shall be considered, at the time of obtaining the status of 
     an alien lawfully admitted for permanent residence, to have 
     obtained such status on a conditional basis subject to the 
     provisions of this section.
       ``(2) Notice of requirements.--
       ``(A) At time of obtaining permanent residence.--At the 
     time an employment-based immigrant, alien spouse, or alien 
     child obtains permanent resident status on a conditional 
     basis under paragraph (1), the Secretary of Homeland Security 
     shall provide for notice to the alien, spouse, or child 
     respecting the provisions of this section and the 
     requirements of subsection (c)(1) to have the conditional 
     basis of such status removed.
       ``(B) At time of required petition.--In addition, the 
     Secretary of Homeland Security shall attempt to provide 
     notice to an employment-based immigrant, alien spouse, or 
     alien child, at or about the beginning of the 90-day period 
     described in subsection (d)(3), of the requirements of 
     subsection (c)(1).
       ``(C) Effect of failure to provide notice.--The failure of 
     the Secretary of Homeland Security to provide a notice under 
     this paragraph shall not affect the enforcement of the 
     provisions of this section with respect to an employment-
     based immigrant, alien spouse, or alien child.
       ``(b) Termination of Status if Finding That Qualifying 
     Employment Improper.--
       ``(1) Alien investor.--In the case of an alien investor 
     with permanent resident status on a conditional basis under 
     subsection (a), if the Secretary of Homeland Security 
     determines, before the second anniversary of the alien's 
     obtaining the status of lawful admission for permanent 
     residence, that--
       ``(A) the investment in the commercial enterprise was 
     intended as a means of evading the immigration laws of the 
     United States;
       ``(B)(i) the alien did not invest, or was not actively in 
     the process of investing, the requisite capital; or
       ``(ii) the alien was not sustaining the actions described 
     in clause (i) throughout the period of the alien's residence 
     in the United States; or
       ``(C) subject to the exception in subsection (d)(5), the 
     alien was otherwise not conforming to the requirements under 
     section 203(b)(5),
     the Secretary shall so notify the alien investor and, subject 
     to paragraph (3), shall terminate the permanent resident 
     status of the alien (and the alien spouse and alien child) 
     involved as of the date of the determination.
       ``(2) Employee of a federal national security, science, and 
     technology laboratory, center or agency.--In the case of an 
     employee of a Federal national security, science, and 
     technology laboratory, center, or agency (as defined pursuant 
     to section 203(b)(2)(C)) with permanent resident status on a 
     conditional basis under subsection (a), if the Secretary of 
     Homeland Security, in consultation with the relevant 
     employing department or agency, determines, before the first 
     anniversary of the alien's obtaining the status of lawful 
     admission for permanent residence, that--
       ``(A) the qualifying employment was intended as a means of 
     evading the immigration laws of the United States;
       ``(B) the alien has not completed or is not likely to 
     complete 12 months of qualifying continuous employment; or
       ``(C) the alien did not otherwise conform with the 
     requirements of section 203(b)(2),
     the Secretary shall so notify the alien involved and, subject 
     to paragraph (3), shall terminate the permanent resident 
     status of the alien (and the alien spouse and alien child) 
     involved as of the date of the determination.
       ``(3) Hearing in removal proceeding.--Any alien whose 
     permanent resident status is terminated under paragraph (1) 
     or (2) may request a review of such determination in a 
     proceeding to remove the alien. In such proceeding, the 
     burden of proof shall be on the Secretary of Homeland 
     Security to establish, by a preponderance of the evidence, 
     that a condition described in paragraph (1) or (2), as 
     appropriate, is met.
       ``(c) Requirements of Timely Petition and Interview for 
     Removal of Condition.--
       ``(1) In general.--
       ``(A) Petition and interview.--In order for the conditional 
     basis established under subsection (a) for an employment-
     based immigrant, alien spouse, or alien child to be removed--
       ``(i) the employment-based immigrant shall submit to the 
     Secretary of Homeland Security, during the period described 
     in subsection (d)(3), a petition which requests the removal 
     of such conditional basis and which states, under penalty of 
     perjury, the facts and information described in paragraph (1) 
     or (2) of subsection (d), as appropriate; and
       ``(ii) in accordance with subsection (d)(3), the 
     employment-based immigrant must appear for a personal 
     interview before an officer or employee of U.S. Citizenship 
     and Immigration Services respecting such facts and 
     information.
       ``(B) Separate petition not required.--An alien spouse or 
     alien child shall not be required to file separate petitions 
     under subparagraph (A)(i) if the employment-based immigrant's 
     petition includes such alien spouse or alien child.
       ``(C) Additional fee.--Notwithstanding any other provision 
     under this section, the Secretary may require the employment-
     based immigrant to pay an additional fee for a petition filed 
     under subparagraph (A)(i) that includes the alien's spouse 
     and child or children.
       ``(2) Termination of permanent resident status for failure 
     to file petition or have personal interview.--
       ``(A) In general.--In the case of an alien with permanent 
     resident status on a conditional basis under subsection (a), 
     if--
       ``(i) no petition is filed with respect to the alien in 
     accordance with the provisions of paragraph (1)(A); or
       ``(ii) unless there is good cause shown, the employment-
     based immigrant fails to appear at the interview described in 
     paragraph (1)(B) (if required under subsection (d)(4)),
     the Secretary of Homeland Security shall terminate the 
     permanent resident status of the alien (and the alien's 
     spouse and children if it was obtained on a conditional basis 
     under this section or section 216) as of the second 
     anniversary of the alien's lawful admission for permanent 
     residence.
       ``(B) Hearing in removal proceeding.--In any removal 
     proceeding with respect to an alien whose permanent resident 
     status is terminated under subparagraph (A), the burden of 
     proof shall be on the alien to establish compliance with the 
     conditions of paragraphs (1)(A) and (1)(B).
       ``(3) Determination after petition and interview.--
       ``(A) In general.--If--
       ``(i) a petition is filed in accordance with the provisions 
     of paragraph (1)(A); and
       ``(ii) the employment-based immigrant appears at any 
     interview described in paragraph (1)(B),
     the Secretary of Homeland Security shall make a 
     determination, not later than 90 days after the date of such 
     filing or interview (whichever is later), as to whether the 
     facts

[[Page S4819]]

     and information described in paragraph (1) or (2) of 
     subsection (d), as appropriate, and alleged in the petition 
     are true.
       ``(B) Removal of conditional basis if favorable 
     determination.--
       ``(i) Removal of conditional basis for alien investor.--If 
     the Secretary of Homeland Security determines with respect to 
     a petition filed by an alien investor that such facts and 
     information are true, the Secretary shall so notify the alien 
     investor and shall remove the conditional basis of the 
     alien's status effective as of the second anniversary of the 
     alien's lawful admission for permanent residence.
       ``(ii) Removal of conditional basis for employee of a 
     federal national security, science, and technology 
     laboratory, center or agency.--If the Secretary of Homeland 
     Security determines with respect to a petition filed by an 
     employee of a Federal national security, science, and 
     technology laboratory, center, or agency that such facts and 
     information are true, the Secretary shall so notify the alien 
     and shall remove the conditional basis of the alien's status 
     effective as of the first anniversary of the alien's lawful 
     admission for permanent residence.
       ``(C) Termination if adverse determination.--If the 
     Secretary of Homeland Security determines that such facts and 
     information are not true, the Secretary shall so notify the 
     alien involved and, subject to subparagraph (D), shall 
     terminate the permanent resident status of an employment-
     based immigrant, alien spouse, or alien child as of the date 
     of the determination.
       ``(D) Hearing in removal proceeding.--Any alien whose 
     permanent resident status is terminated under subparagraph 
     (C) may request a review of such determination in a 
     proceeding to remove the alien. In such proceeding, the 
     burden of proof shall be on the Secretary of Homeland 
     Security to establish, by a preponderance of the evidence, 
     that the facts and information described in subsection (d)(1) 
     and alleged in the petition are not true.
       ``(d) Details of Petition and Interview.--
       ``(1) Contents of petition by alien investor.--Each 
     petition filed by an alien investor under section (c)(1)(A) 
     shall contain facts and information demonstrating that the 
     alien--
       ``(A)(i) invested, or is actively in the process of 
     investing, the requisite capital; and
       ``(ii) sustained the actions described in clause (i) 
     throughout the period of the alien's residence in the United 
     States; and
       ``(B) except as provided in paragraph (4), is otherwise 
     conforming to the requirements under section 203(b)(5).
       ``(2) Contents of petition by employee of a federal 
     national security, science, and technology laboratory, 
     center, or agency.--Each petition under subsection (c)(1)(A) 
     filed by an employee of a Federal national security, science, 
     and technology laboratory, center, or agency shall contain 
     facts and information demonstrating that the alien is 
     conforming to the requirements of section 203(b)(2).
       ``(3) Period for filing petition.--
       ``(A) 90-day period before anniversary.--Except as provided 
     in subparagraph (B), the petition under subsection (c)(1)(A) 
     must be filed as follows:
       ``(i) In the case of an alien investor, during the 90-day 
     period before the second anniversary of the alien's lawful 
     admission for permanent residence.
       ``(ii) In the case of an employee of a Federal national 
     security, science, and technology laboratory, center, or 
     agency, during the 90-day period before the first anniversary 
     of the alien's lawful admission for permanent residence.
       ``(B) Late petitions.--Such a petition may be considered if 
     filed after such date, but only if the alien establishes to 
     the satisfaction of the Secretary of Homeland Security good 
     cause and extenuating circumstances for failure to file the 
     petition during the period described in subparagraph (A).
       ``(C) Filing of petitions during removal.--In the case of 
     an alien who is the subject of removal hearings as a result 
     of failure to file a petition on a timely basis in accordance 
     with subparagraph (A), the Secretary of Homeland Security may 
     stay such removal proceedings against an alien pending the 
     filing of the petition under subparagraph (B).
       ``(4) Personal interview.--The interview under subsection 
     (c)(1)(B) shall be conducted within 90 days after the date of 
     submitting a petition under subsection (c)(1)(A) and at a 
     local office of U.S. Citizenship and Immigration Services, 
     designated by the Secretary of Homeland Security, which is 
     convenient to the parties involved. The Secretary, in the 
     discretion of the Secretary, may waive the deadline for such 
     an interview or the requirement for such an interview in such 
     cases as may be appropriate.
       ``(5) Special rule for alien investors in a regional 
     center.--Each petition under subsection (c)(1)(A) filed by an 
     alien investor who invests in accordance with section 
     203(b)(5)(E) shall contain facts and information 
     demonstrating that the alien is complying with the 
     requirements under section 203(b)(5), except--
       ``(A) the alien shall not be subject to the requirements 
     under section 203(b)(5)(A)(ii); and
       ``(B) the petition shall--
       ``(i) refer to the most recent financial statement filed by 
     the regional center in which the alien has invested in 
     accordance with section 203(b)(5)(G); and
       ``(ii) contain a certification that the petitioner has read 
     the financial statement to which the alien's petition refers.
       ``(6) Effect of prior determinations.--The approval of any 
     of the items described in section 203(b)(5)(F)(i) submitted 
     in support of a petition seeking classification of an alien 
     as an alien investor under section 203(b)(5) shall be binding 
     for purposes of the adjudication of the alien investor's 
     petition filed under this section 216A, unless the Secretary 
     determines that there is evidence of fraud, 
     misrepresentation, criminal misuse, a threat to national 
     security, a material change that affects the approved 
     economic model, or evidence affecting program eligibility 
     that was not disclosed by the petitioner.
       ``(e) Treatment of Period for Purposes of Naturalization.--
     For purposes of title III, in the case of an alien who is in 
     the United States as a lawful permanent resident on a 
     conditional basis under this section, the alien shall be 
     considered to have been admitted as an alien lawfully 
     admitted for permanent residence and to be in the United 
     States as an alien lawfully admitted to the United States for 
     permanent residence, if the alien has had the conditional 
     basis removed pursuant to this section.
       ``(f) Fraud, Misrepresentation, Criminal Misuse, or Threats 
     to the Public Safety or National Security.--If the Secretary 
     of Homeland Security determines, in his or her sole and 
     unreviewable discretion, that the conditional permanent 
     resident status granted to an employment-based immigrant 
     under subsection (a), or to an alien researcher described in 
     section 203(b)(2)(A)(ii) is contrary to the national interest 
     of the United States for reasons relating to fraud, 
     misrepresentation, criminal misuse, or threats to national 
     security, the Secretary shall--
       ``(1) notify the immigrant involved of such determination; 
     and
       ``(2) terminate the permanent resident status of the 
     immigrant involved (and the alien spouse and alien children 
     of such immigrant) as of the date of such determination.
       ``(g) Definitions.--In this section:
       ``(1) The term `alien investor' means an alien who obtains 
     the status of an alien lawfully admitted for permanent 
     residence (whether on a conditional basis or otherwise) under 
     section 203(b)(5).
       ``(2) The term `alien spouse' and the term `alien child' 
     mean an alien who obtains the status of an alien lawfully 
     admitted for permanent residence (whether on a conditional 
     basis or otherwise) by virtue of being the spouse or child, 
     respectively, of an alien investor or an employee of a 
     Federal national security, science, and technology 
     laboratory, center, or agency.
       ``(3) The term `commercial enterprise' includes a limited 
     partnership.
       ``(4) The term `employment-based immigrant' means an alien 
     described in paragraph (1) or (5).
       ``(5) The term `employee of a Federal national security, 
     science, and technology laboratory, center, or agency' means 
     an alien who obtains the status of an alien lawfully admitted 
     for permanent residence (whether on a conditional basis or 
     otherwise) under section 203(b)(2)(A)(ii).''.
       (b) Conforming Amendment.--Section 216(e) (8 U.S.C. 
     1186a(e)) is amended by inserting before the period at the 
     end the following: ``, if the alien has had the conditional 
     basis removed pursuant to this section''.
       (c) Clerical Amendment.--The table of contents is amended 
     by striking the item relating to section 216A and inserting 
     the following:

``Sec. 216A. Conditional permanent resident status for certain 
              employment-based immigrants, spouses, and children.''.

     SEC. 4806. EB-5 VISA REFORMS.

       (a) Aliens Not Subject to Direct Numerical Limitation.--
     Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by 
     sections 2103(c)(2), 2212(d)(2), 2307(b), and 2402, is 
     further amended by adding at the end the following:
       ``(P) Aliens who are the spouse or a child of an alien 
     admitted as an employment-based immigrant under section 
     203(b)(5).''.
       (b) Technical Amendment.--Section 203(b)(5), as amended by 
     this Act, is further amended by striking ``Attorney General'' 
     each place it appears and inserting ``Secretary of Homeland 
     Security''.
       (c) Targeted Employment Areas.--
       (1) In general.--Section 203(b)(5)(B) (8 U.S.C. 
     1153(b)(5)(B)) is amended to read as follows:
       ``(B) Set-aside for targeted employment areas.--
       ``(i) In general.--Not fewer than 5,000 of the visas made 
     available under this paragraph in each fiscal year shall be 
     reserved for qualified immigrants who invest in a new 
     commercial enterprise described in subparagraph (A), which--

       ``(I) is investing such capital in a targeted employment 
     area; and
       ``(II) will create employment in such targeted employment 
     area.

       ``(ii) Duration of high unemployment area designation.--A 
     designation of a high unemployment area as a targeted 
     employment area shall be valid for 5 years and may be renewed 
     for additional 5-year periods if the area continues to meet 
     the definition of a high unemployment area. An investor who 
     has made the required amount of investment in such a targeted 
     employment area during its period of designation shall not be 
     required to increase the amount of investment based upon 
     expiration of the designation.''.

[[Page S4820]]

       (d) Adjustment of Minimum EB-5 Investment Amount.--Section 
     203(b)(5)(C)(i) (8 U.S.C. 1153(b)(5)(C)(i)) is amended--
       (1) by striking ``The Attorney General'' and inserting 
     ``The Secretary of Commerce'';
       (2) by striking ``Secretary of State'' and inserting 
     ``Secretary of Homeland Security''; and
       (3) by adding at the end the following: ``Unless adjusted 
     by the Secretary of Commerce, the amount specified in this 
     clause shall automatically adjust, on January 1, 2016, by the 
     percentage change in the Consumer Price Index (CPI-U) during 
     fiscal year 2015, and on every fifth subsequent January 1 by 
     the cumulative percentage change in the CPI-U during the 
     previous 5 fiscal years, for any petition filed to classify 
     an alien under this paragraph on or after the date of each 
     automatic adjustment.''.
       (e) Definitions.--
       (1) In general.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)), 
     as amended by subsections (b) and (c) and by section 4804, is 
     further amended--
       (A) by striking subparagraph (D) and inserting following:
       ``(D) Calculation of full-time employment.--Job creation 
     under this paragraph may consist of employment measured in 
     full-time equivalents, including intermittent or seasonal 
     employment opportunities and construction jobs. A full-time 
     employment position is not a requirement for indirect job 
     creation.''; and
       (B) by adding at the end the following:
       ``(K) Definitions.--In this paragraph:
       ``(i) The term `capital' means all real, personal, or mixed 
     assets, whether tangible or intangible, owned or controlled 
     by the investor, or held in trust for the benefit of the 
     investor, to which the investor has unrestricted access, 
     which shall be valued at fair market value in United States 
     dollars, in accordance with Generally Accepted Accounting 
     Principles, at the time it is invested under this paragraph.
       ``(ii) The term `full-time employment' means employment in 
     a position that requires at least 35 hours of service per 
     week, regardless of how many employees fill the position.
       ``(iii) The term `high unemployment area' means--

       ``(I) an area consisting of a census tract or contiguous 
     census tracts that has an unemployment rate that is at least 
     150 percent of the national average unemployment rate; or
       ``(II) an area that is within the boundaries established 
     for purposes of a Federal or State economic development 
     incentive program, including areas defined as Enterprise 
     Zones, Renewal Communities, Promise Zones, and Empowerment 
     Zones, and other programs for the purposes of job creation, 
     small business creation, and neighborhood revitalization.

       ``(iv) The term `rural area' means--

       ``(I) any area other than an area within a metropolitan 
     statistical area or within the outer boundary of any city or 
     town having a population of 20,000 or more (based on the most 
     recent decennial census of the United States); or
       ``(II) any city or town having a population of fewer than 
     20,000 (based on the most recent decennial census of the 
     United States) that is located within a State having a 
     population of fewer than 1,500,000 (based on the most recent 
     decennial census of the United States).

       ``(v) The term `targeted employment area' means a rural 
     area, any community adversely affected by a recommendation by 
     the Defense Base Closure and Realignment Commission, or a 
     high unemployment area.''.
       (2) Rulemaking.--The Secretary, in consultation with the 
     Secretary of Defense, shall issue appropriate regulations to 
     account for the modified definition of targeted employment 
     area in section 203(b)(5)(K)(v), as amended by paragraph 
     (1)(B).
       (3) Effective date.--The amendment made by paragraph (1) 
     shall apply to any application for a visa under section 
     204(a)(7) of the Immigration and Nationality Act that is 
     filed on or after the date that is 1 year after the date of 
     the enactment of this Act, unless the petitioner requests in 
     the petition that they take immediate effect.
       (4) Rule of construction.--None of the amendments made by 
     paragraph (1) may be construed to deny any petition under 
     section 216A filed by an alien who filed a petition under 
     section 203(b)(5) before the date of the enactment of this 
     Act.
       (f) Age Determination for Children of Alien Investors.--
     Section 203(h) (8 U.S.C. 1153(h)), as amended by section 
     2305(d), is further amended by adding at the end the 
     following:
       ``(5) Age determination for children of alien investors.--
     An alien admitted under subsection (d) as a lawful permanent 
     resident on a conditional basis as the child of an alien 
     lawfully admitted for permanent residence under subsection 
     (b)(5), whose lawful permanent resident status on a 
     conditional basis is terminated under section 216A, shall 
     continue to be considered a child of the principal alien for 
     the purpose of a subsequent immigrant petition by such alien 
     under subsection (b)(5) if the alien remains unmarried and 
     the subsequent petition is filed by the principal alien not 
     later than 1 year after the termination of conditional lawful 
     permanent resident status. No alien shall be considered a 
     child under this paragraph with respect to more than 1 
     petition filed after the alien's 21st birthday.''.
       (g) Enhanced Pay Scale for Certain Federal Employees 
     Administering the EB-5 Program.--The Secretary may establish, 
     fix the compensation of, and appoint individuals to, 
     designated critical administrative, technical, and 
     professional positions needed to administer sections 
     203(b)(5) and 216A of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)(5) and 1186b).
       (h) Delegation of Certain EB-5 Authority.--
       (1) In general.--The Secretary of Homeland Security may 
     delegate to the Secretary of Commerce authority and 
     responsibility for determinations under sections 203(b)(5) 
     and 216A (with respect to alien entrepreneurs) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 
     1186a), including determining whether an alien has met 
     employment creation requirements.
       (2) Regulations.--The Secretary of Homeland Security and 
     the Secretary of Commerce may each adopt such rules and 
     regulations as are necessary to carry out the delegation 
     authorized under paragraph (1), including regulations 
     governing the eligibility criteria for obtaining benefits 
     pursuant to the amendments made by this section.
       (3) Use of fees.--Adjudication fees described in section 
     286(m) of the Immigration and Nationality Act (8 U.S.C. 
     1356(m)) shall remain available until expended to reimburse 
     the Secretary of Commerce for the costs of any determinations 
     made by the Secretary of Commerce under paragraph (1).
       (i) Concurrent Filing of EB-5 Petitions and Applications 
     for Adjustment of Status.--Section 245 (8 U.S.C. 1255), as 
     amended by sections 2305(d), 2310(c), 3201(e), and 4237(b), 
     is further amended--
       (1) in subsection (k), in the matter preceding paragraph 
     (1), by striking ``or (3)'' and inserting ``(3), (5), or 
     (7)''; and
       (2) by adding at the end the following:
       ``(o) At the time a petition is filed for classification 
     under section 203(b)(5), if the approval of such petition 
     would make a visa immediately available to the alien 
     beneficiary, the alien beneficiary's application for 
     adjustment of status under this section shall be considered 
     to be properly filed whether the application is submitted 
     concurrently with, or subsequent to, the visa petition.''.

       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.
       (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 1457. 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 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 1458. Mr. TESTER 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 901, between lines 4 and 5, insert the following:
       (f) Consultations With Tribal Governments.--Before ordering 
     a unit or personnel of the National Guard of a State to be 
     deployed to an area on or near Indian lands (as defined in 
     section 3 of the Native American Business Development, Trade 
     Promotion,

[[Page S4821]]

     and Tourism Act of 2000 (25 U.S.C. 4302)), the Governor of 
     the State shall consult and coordinate with the tribal 
     government with jurisdiction over those lands with respect to 
     the deployment.
       On page 904, between lines 18 and 19, insert the following:
       (3) Consultations with tribal governments.--Before 
     constructing a Border Patrol station under paragraph (1) or 
     establishing a forward operating base for the U.S. Border 
     Patrol under paragraph (2) on or near Indian lands (as 
     defined in section 3 of the Native American Business 
     Development, Trade Promotion, and Tourism Act of 2000 (25 
     U.S.C. 4302)), the Secretary shall consult and coordinate 
     with the tribal government with jurisdiction over those lands 
     with respect to the construction of the station or 
     establishment of the base, as the case may be.
                                 ______
                                 
  SA 1459. Mr. TESTER 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. BORDER PATROL RATE OF PAY.

       (a) Purpose.--The purposes of this section are--
       (1) to strengthen U.S. Border Patrol and ensure border 
     patrol agents are sufficiently ready to conduct necessary 
     work and that agents will perform overtime hours in excess of 
     a 40 hour work week based on the needs of the employing 
     agency; and
       (2) to ensure U.S. Border Patrol has the flexibility to 
     cover shift changes and retains the right to assign scheduled 
     and unscheduled work for mission requirements and planning 
     based on operational need.
       (b) Rates of Pay.--Subchapter V of chapter 55 of title 5, 
     United States Code, is amended by inserting after section 
     5549 the following:

     ``Sec. 5550. Border patrol rate of pay

       ``(a) Definitions.--In this section--
       ``(1) the term `available to work' means a border patrol 
     agent is generally and reasonably accessible by U.S. Customs 
     and Border Protection to perform unscheduled duty based on 
     the needs of U.S. Customs and Border Protection;
       ``(2) the term `border patrol agent' means an individual 
     who is performing functions included under position 
     classification series 1896 (Border Patrol Enforcement) of the 
     Office of Personnel Management, or any successor thereto, 
     including performing covered border patrol activities;
       ``(3) the term `covered border patrol activities' means a 
     border patrol agent is--
       ``(A) detecting and preventing illegal entry and smuggling 
     of aliens, commercial goods, narcotics, weapons, or 
     contraband into the United States;
       ``(B) arresting individuals suspected of conduct described 
     in subparagraph (A);
       ``(C) attending training authorized by U.S. Customs and 
     Border Protection;
       ``(D) on approved annual, sick, or administrative leave;
       ``(E) on ordered travel status;
       ``(F) on official time, within the meaning of section 7131;
       ``(G) on excused absence with pay for relocation purposes;
       ``(H) on light duty due to injury or disability;
       ``(I) performing administrative duties or mission critical 
     work assignments while maintaining law enforcement authority;
       ``(J) caring for the canine assigned to the border patrol 
     agent, which may not exceed 1 hour per day; or
       ``(K) engaged in an activity similar to an activity 
     described in subparagraphs (A) through (J) while temporarily 
     away from the regular duty assignment of the border patrol 
     agent;
       ``(4) the term `level 1 border patrol rate of pay' means 
     the hourly rate of pay equal to 1.25 times the otherwise 
     applicable hourly rate of pay of the applicable border patrol 
     agent;
       ``(5) the term `level 2 border patrol rate of pay' means 
     the hourly rate of pay equal to 1.125 times the otherwise 
     applicable hourly rate of pay of the applicable border patrol 
     agent; and
       ``(6) the term `work period' means a 14-day biweekly pay 
     period.
       ``(b) Receipt of Border Patrol Rate of Pay.--
       ``(1) Voluntary election.--
       ``(A) In general.--Not later than 30 days before the first 
     day of each year beginning after the date of enactment of 
     this section, a border patrol agent shall make an election 
     whether the border patrol agent shall, for the following 
     year--
       ``(i) be assigned to the level 1 border patrol rate of pay;
       ``(ii) be assigned the level 2 border patrol rate of pay; 
     or
       ``(iii) decline to be assigned the level 1 border patrol 
     rate of pay or the level 2 border patrol rate of pay.
       ``(B) Procedures.--The Director of the Office of Personnel 
     Management shall establish procedures for elections under 
     subparagraph (A).
       ``(C) Information regarding election.--Not later than 60 
     days before the first day of each year beginning after the 
     date of enactment of this section, U.S. Border Patrol shall 
     provide each border patrol agent with information regarding 
     each type of election available under subparagraph (A) and 
     how to make such an election.
       ``(D) Failure to elect.--A border patrol agent who fails to 
     make a timely election under subparagraph (A) shall be deemed 
     to have made an election to be assigned to the level 1 border 
     patrol rate of pay under subparagraph (A)(i).
       ``(E) Sense of congress.--It is the sense of Congress that 
     U.S. Border Patrol should take such action as is necessary to 
     ensure that not more than 10 percent of the border patrol 
     agents stationed at a location decline to be assigned to the 
     level 1 border patrol rate of pay or the level 2 border 
     patrol rate of pay.
       ``(2) Level 1 border patrol rate of pay.--For a border 
     patrol agent who has in effect an election under paragraph 
     (1)(A)(i), the border patrol agent--
       ``(A) shall be scheduled to work 10 hours per day and 5 
     days per week;
       ``(B) shall receive pay at the level 1 border patrol rate 
     of pay for the hours of scheduled work described in 
     subparagraph (A);
       ``(C) shall receive pay at the level 1 border patrol rate 
     of pay for the number of hours during which the border patrol 
     agent is available to work during a work period; and
       ``(D) shall receive compensatory time off or pay at the 
     overtime hourly rate of pay for hours of work in excess of 
     100 hours during a work period, as determined in accordance 
     with section 5542(a)(7).
       ``(3) Level 2 border patrol rate of pay.--For a border 
     patrol agent who has in effect an election under paragraph 
     (1)(A)(ii), the border patrol agent--
       ``(A) shall be scheduled to work 9 hours per day and 5 days 
     per week;
       ``(B) shall receive pay at the level 2 border patrol rate 
     of pay for the hours of scheduled work described in 
     subparagraph (A);
       ``(C) shall receive pay at the level 2 border patrol rate 
     of pay for the number of hours during which the border patrol 
     agent is available to work during a work period; and
       ``(D) shall receive compensatory time off or pay at the 
     overtime hourly rate of pay for hours of work in excess of 90 
     hours during a work period, as determined in accordance with 
     section 5542(a)(7).
       ``(4) Basic border patrol rate of pay.--For a border patrol 
     agent who has in effect an election under paragraph 
     (1)(A)(iii), the border patrol agent--
       ``(A) shall be scheduled to work 8 hours per day and 5 days 
     per week;
       ``(B) shall receive pay at the applicable hourly rate of 
     basic pay of the applicable border patrol agent for the 
     number of hours during which the border patrol agent is 
     available to work during a work period; and
       ``(C) shall receive compensatory time off or pay at the 
     overtime hourly rate of pay for hours of work in excess of 80 
     hours during a work period, as determined in accordance with 
     section 5542(a)(7).
       ``(c) Eligibility for Other Premium Pay.--A border patrol 
     agent shall receive premium pay in accordance with sections 
     5545 and 5546, without regard to the election of the border 
     patrol agent under subsection (b)(1)(A).
       ``(d) Treatment as Basic Pay.--Any pay received at the 
     level 1 border patrol rate of pay or the level 2 border 
     patrol rate of pay or pay described in subsection (b)(3)(B) 
     shall be treated as part of basic pay for--
       ``(1) purposes of sections 5595(c), 8114(e), 8331(3), and 
     8704(c);
       ``(2) any other purpose that the Office of Personnel 
     Management may by regulation prescribe; and
       ``(3) any other purpose expressly provided for by law.
       ``(e) Authority To Require Overtime Work.--Nothing in this 
     section shall be construed to limit the authority of U.S. 
     Border Protection to require a border patrol agent to perform 
     hours of overtime work in the event of a local or national 
     emergency.''.
       (c) Overtime Work.--Section 5542(a) of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(7)(A) In this paragraph, the term `border patrol agent' 
     has the meaning given that term in section 5550.
       ``(B) Notwithstanding the matter preceding paragraph (1) or 
     paragraphs (1) and (2), for a border patrol agent who has in 
     effect an election to be assigned to the level 1 border 
     patrol rate of pay under section 5550(b)(1)(A)(i)--
       ``(i) except as provided in subparagraph (E), hours of work 
     in excess of 100 hours during a 14-day biweekly pay period 
     shall be overtime work; and
       ``(ii) the border patrol agent--
       ``(I) shall receive pay at the overtime hourly rate of pay 
     for hours of overtime work that are officially ordered or 
     approved; and
       ``(II) shall receive compensatory time off for any hours of 
     overtime work that are not hours of overtime work described 
     in subclause (I).
       ``(C) Notwithstanding the matter preceding paragraph (1) or 
     paragraphs (1) and (2), for a border patrol agent who has in 
     effect an election to be eligible for the level 2 border 
     patrol rate of pay under section 5550(b)(1)(A)(ii)--
       ``(i) except as provided in subparagraph (E), hours of work 
     in excess of 90 hours during a 14-day biweekly pay period 
     shall be overtime work; and
       ``(ii) the border patrol agent--
       ``(I) shall receive pay at the overtime hourly rate of pay 
     for hours of overtime work that are officially ordered or 
     approved; and
       ``(II) shall receive compensatory time off for any hours of 
     overtime work that are not hours of overtime work described 
     in subclause (I).

[[Page S4822]]

       ``(D) Notwithstanding the matter preceding paragraph (1) or 
     paragraphs (1) and (2), for a border patrol agent who has in 
     effect an election under section 5550(b)(1)(A)(iii)--
       ``(i) except as provided in subparagraph (E), hours of work 
     in excess of 80 hours during a 14-day biweekly pay period 
     shall be overtime work; and
       ``(ii) the border patrol agent--
       ``(I) shall receive pay at the overtime hourly rate of pay 
     for hours of overtime work that are officially ordered or 
     approved; and
       ``(II) shall receive compensatory time off for any hours of 
     overtime work that are not hours of overtime work described 
     in subclause (I).
       ``(E) During a 14-day biweekly pay period, a border patrol 
     agent shall not perform and may not receive compensatory time 
     off for more than 8 hours of overtime work that is not 
     officially approved.
       ``(F) A border patrol agent--
       ``(i) may not accrue more than 240 hours of compensatory 
     time off during a year; and
       ``(ii) shall use any hours of compensatory time off not 
     later than 1 year after the date on which the compensatory 
     time off is accrued.''.
       (d) Step Increases.--
       (1) In general.--Effective on the first day of the first 
     pay period beginning after December 31, 2013, each border 
     patrol agent (as defined in section 5550 of title 5, United 
     States Code, as added by subsection (b)) in a position at or 
     below GS-12 of the General Schedule under section 5332 of 
     title 5, United States Code, shall be granted a step-increase 
     of 2 steps, except that an increase under this section may 
     not increase the rate of pay of a border patrol agent to be 
     more than the highest pay rate within the GS grade of the 
     border patrol agent on the date of enactment of this Act.
       (2) Effect on periodic step-increases.--The date on which a 
     border patrol agent who receives a step-increase under 
     paragraph (1) is eligible for a periodic step-increase under 
     section 5335 of title 5, United States Code, shall be 
     determined based on the effective date of the step-increase 
     under paragraph (1).
       (e) Technical and Conforming Amendments.--
       (1) Section 13(a) of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 213(a)) is amended--
       (A) in paragraph (16), by striking ``or'' after the 
     semicolon;
       (B) in paragraph (17), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(18) any employee who is a border patrol agent, as 
     defined in section 5550(a) of title 5, United States Code.''.
       (2) The table of sections for chapter 55 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 5549 the following:
       ``5550. Border patrol rate of pay.''.
                                 ______
                                 
  SA 1460. 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:

       Section 2103 is amended by adding at the end the following:
       (g) DREAMER Access Grants.--
       (1) In general.--Subpart 4 of part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070c et seq.) is 
     amended by adding at the end the following:

     ``SEC. 415G. DREAMER ACCESS GRANTS.

       ``(a) Purpose.--The purpose of this section is to provide 
     grants to eligible States for the following:
       ``(1) To promote increased access and affordability for 
     DREAM Act students.
       ``(2) To discourage legal discrimination against DREAM Act 
     students.
       ``(b) DREAM Act Students.--In this section, the term `DREAM 
     Act student' means an individual who is a registered 
     provisional immigrant who meets the requirements of clauses 
     (ii) and (iii) of section 245D(b)(1)(A) of the Immigration 
     and Nationality Act.
       ``(c) Grants to States.--
       ``(1) Reservation for administration.--From the amounts 
     appropriated to carry out this section for each fiscal year, 
     the Secretary may reserve not more than 1 percent of such 
     amounts to administer this section.
       ``(2) Grants authorized.--
       ``(A) In general.--From the amounts appropriated to carry 
     out this section for each fiscal year and not reserved under 
     paragraph (1), the Secretary shall award grants to eligible 
     States to enable the States to carry out the activities 
     described in this section for DREAM Act students.
       ``(B) Submission and contents of applications.--A State 
     that desires to obtain a grant payment under this section for 
     any fiscal year shall submit annually an application that 
     shall contain such information as may be required by, or 
     pursuant to, regulation for the purpose of enabling the 
     Secretary to make the determinations required under this 
     section.
       ``(C) Payment of federal share of grants made by qualified 
     program.--From a State's allotment under this section for any 
     fiscal year the Secretary is authorized to make payments to 
     such State for paying up to 50 percent of the amount of 
     student grants pursuant to a State program which--
       ``(i) is administered by a single State agency;
       ``(ii) provides that such grants will be in amounts not to 
     exceed the lesser of $12,500 or the student's cost of 
     attendance per academic year--

       ``(I) for attendance on a full-time basis at an institution 
     of higher education; and
       ``(II) for campus-based community service work learning 
     study jobs;

       ``(iii) provides that--

       ``(I) not more than 20 percent of the allotment to the 
     State for each fiscal year may be used for the purpose 
     described in clause (ii)(II);
       ``(II) grants for the campus-based community work learning 
     study jobs may be made only to students who are otherwise 
     eligible for assistance under this section; and
       ``(III) grants for such jobs be made in accordance with the 
     provisions of section 443(b)(1);

       ``(iv) provides for the selection of recipients of such 
     grants or of such State work-study jobs on the basis of 
     substantial financial need determined annually on the basis 
     of criteria established by the State and approved by the 
     Secretary, except that for the purpose of collecting data to 
     make such determination of financial need, no student or 
     parent shall be charged a fee that is payable to an entity 
     other than such State;
       ``(v) provides that all nonprofit institutions of higher 
     education in the State are eligible to participate in the 
     State program, except in any State in which participation of 
     nonprofit institutions of higher education is in violation of 
     the constitution of the State or in any State in which 
     participation of nonprofit institutions of higher education 
     is in violation of a statute of the State which was enacted 
     prior to October 1, 1978;
       ``(vi) provides for the payment of the non-Federal portion 
     of such grants or of such work-study jobs from funds supplied 
     by such State which represent an additional expenditure for 
     such year by such State for grants or work-study jobs for 
     students attending institutions of higher education over the 
     amount expended by such State for such grants or work-study 
     jobs, if any, during the second fiscal year preceding the 
     fiscal year in which such State initially received funds 
     under this section;
       ``(vii) provides that if the State's allocation under this 
     section is based in part on the financial need demonstrated 
     by students who are independent students or attending the 
     institution less than full time, a reasonable proportion of 
     the State's allocation shall be made available to such 
     students;
       ``(viii) provides for State expenditures under such program 
     of an amount not less than the average annual aggregate 
     expenditures for the preceding three fiscal years or the 
     average annual expenditure per full-time equivalent student 
     for such years;
       ``(ix) provides--

       ``(I) for such fiscal control and fund accounting 
     procedures as may be necessary to assure proper disbursement 
     of and accounting for Federal funds paid to the State agency 
     under this section; and
       ``(II) for the making of such reports, in such form and 
     containing such information, as may be reasonably necessary 
     to enable the Secretary to perform the Secretary's functions 
     under this section;

       ``(x) provides the non-Federal share of the amount of 
     student grants or work-study jobs under this section through 
     State funds for the program under this section; and
       ``(xi) provides notification to eligible students that such 
     grants are funded by the Federal Government, the State, and, 
     where applicable, other contributing partners.
       ``(D) Reservation and disbursement of allotments and 
     reallotments.--Upon the Secretary's approval of any 
     application for a payment under this section, the Secretary 
     shall reserve from the applicable allotment (including any 
     applicable reallotment) available therefor, the amount of 
     such payment, which (subject to the limits of such allotment 
     or reallotment) shall be equal to the Federal share of the 
     cost of the students' incentive grants or work-study jobs 
     covered by such application. The Secretary shall pay such 
     reserved amount, in advance or by way of reimbursement, and 
     in such installments as the Secretary may determine. The 
     Secretary may amend the reservation of any amount under this 
     section, either upon approval of an amendment of the 
     application or upon revision of the estimated cost of the 
     student grants or work-study jobs with respect to which such 
     reservation was made. If the Secretary approves an upward 
     revision of such estimated cost, the Secretary may reserve 
     the Federal share of the added cost only from the applicable 
     allotment (or reallotment) available at the time of such 
     approval.
       ``(3) Eligible states.--A State is eligible to receive a 
     grant under this section if the State--
       ``(A) increases access and affordability to higher 
     education for DREAM Act students by--
       ``(i) offering in-state tuition for DREAM Act students; or
       ``(ii) expanding in-state financial aid to DREAM Act 
     students; and
       ``(B) submits an application to the Secretary that contains 
     an assurance that the State has made significant progress 
     establishing a longitudinal data system that includes the 
     elements described in section 6201(e)(2)(D) of the America 
     COMPETES Act (20 U.S.C. 9871(e)(2)(D)).
       ``(4) Allotments.--The Secretary shall allot the amount 
     appropriated to carry out this section for each fiscal year 
     and not reserved under paragraph (1) among the eligible 
     States in proportion to the number of DREAM Act students 
     enrolled at least half-

[[Page S4823]]

     time in postsecondary education who reside in the State for 
     the most recent fiscal year for which satisfactory data are 
     available, compared to the number of such students who reside 
     in all eligible States for that fiscal year.
       ``(d) Supplement Not Supplant.--Grant funds awarded under 
     this section shall be used to supplement, and not supplant, 
     non-Federal funds that would otherwise be used for activities 
     authorized under this section.
       ``(e) Authorization and Appropriation of Funds.--There are 
     authorized to be appropriated, and there are appropriated, to 
     carry out this section--
       ``(1) $55,000,000 for fiscal year 2014;
       ``(2) $55,000,000 for fiscal year 2015;
       ``(3) $60,000,000 for fiscal year 2016;
       ``(4) $60,000,000 for fiscal years 2017;
       ``(5) $75,000,000 for fiscal years 2018;
       ``(6) $75,000,000 for fiscal years 2019;
       ``(7) $85,000,000 for fiscal years 2020;
       ``(8) $85,000,000 for fiscal years 2021;
       ``(9) $100,000,000 for fiscal years 2022; and
       ``(10) $100,000,000 for fiscal years 2023.''.
       (2) Offset.--Section 281(f)(1) (8 U.S.C. 1351(f)(1)), as 
     added by section 4409, is further amended by adding at the 
     end the following: ``In addition to the fees authorized under 
     subsection (a) and the preceding sentence, the Secretary of 
     Homeland Security shall collect a $150 fee from each 
     nonimmigrant admitted under section 101(a)(15)(F)(i), which 
     fee shall be deposited in the general fund of the 
     Treasury.''.
                                 ______
                                 
  SA 1461. Mr. WICKER 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 1543, lines 15 and 16, strike ``Status.--'' and all 
     that follows through ``An alien'' and insert ``Status.--An 
     alien''.
       On page 1543, line 20, strike ``(A)'' and insert ``(1)''.
       On page 1544, line 1, strike ``(i)'' and insert ``(A)''.
       On page 1544, line 5, strike ``(ii)'' and insert ``(B)''.
       On page 1544, line 9, strike ``(B)'' and insert ``(2)''.
       On page 1544, strike lines 18 through 22.
       On page 1618, between lines 11 and 12, insert the 
     following:

     SEC. 3722. MANDATORY DETENTION AND EXPEDITED REMOVAL OF 
                   CERTAIN CRIMINAL ALIENS.

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

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

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

``Sec. 238. Expedited removal proceedings for aliens convicted of 
              serious criminal offenses.''.

                                 ______
                                 
  SA 1462. Mr. WICKER 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. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

       (a) Provision of Information to the NCIC.--Not later than 
     180 days after the last day of the application period for 
     registered provisional immigrant status, as specified in 
     section 245B(c)(3) of the Immigration and Nationality Act, as 
     added by section 2101 of this Act, and periodically 
     thereafter as updates may require, the Secretary shall 
     provide the National Crime Information Center of the 
     Department of Justice with all the information in the 
     possession of the Secretary regarding--
       (1) any alien against whom a final order of removal has 
     been issued;
       (2) any alien who has entered into a voluntary departure 
     agreement;
       (3) any alien who has overstayed his or her authorized 
     period of stay; and
       (4) any alien whose visa has been revoked.
       (b) Inclusion of Information in Immigration Violators 
     File.--The Secretary and the Attorney General shall establish 
     a system for ensuring that the information provided pursuant 
     to subsection (a) for entry into the Immigration Violators 
     File of the National Crime Information Center database is 
     updated regularly to reflect whether--
       (1) the alien received notice of a final order of removal;
       (2) the alien has already been removed; or
       (3) the legal status of the alien has otherwise changed.
       (c) Conforming Amendment.--
       (1) In general.--Section 534(a) of title 28, United States 
     Code, is amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations by aliens of the immigration laws of the United 
     States, regardless of whether any such alien has received 
     notice of the violation or whether sufficient identifying 
     information is available with respect to any such alien or 
     whether any such alien has already been removed from the 
     United States; and''.
       (2) Effective date.--The Attorney General and the Secretary 
     shall ensure that the amendment made by paragraph (1) is 
     implemented not later than 6 months after the last day of the 
     application period for registered provisional immigrant 
     status.
       (d) Technology Access.--States shall have access to Federal 
     programs or technology directed broadly at identifying 
     inadmissible or deportable aliens.

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

       (a) Provision of Information.--As a condition of receiving 
     compensation for the incarceration of undocumented criminal 
     aliens pursuant to section 241(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(i)), grants under the ``Cops 
     on the Beat'' program authorized under part Q of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd et seq.), or other law enforcement grants from 
     the Department or the Department of Justice, each State, and 
     each political subdivision of a State, shall, in a timely 
     manner, provide the Secretary with the information specified 
     in subsection (b) with respect to each alien who is arrested 
     by law enforcement officers in the course of carrying out the 
     officers' routine law enforcement duties in the jurisdiction 
     of the State, or in the political subdivision of the State, 
     who is believed to be inadmissible or deportable.
       (b) Information Required.--The information required under 
     this subsection is--
       (1) the alien's name;
       (2) the alien's address or place of residence;
       (3) a physical description of the alien;
       (4) the date, time, and location of the encounter with the 
     alien and the reason for arresting the alien;
       (5) the alien's driver's license number, if applicable, and 
     the State of issuance of such license;
       (6) the type of any other identification document issued to 
     the alien, if applicable, any designation number contained on 
     the identification document, and the issuing entity for the 
     identification document;
       (7) the license plate number, make, and model of any 
     automobile registered to, or driven by, the alien, if 
     applicable;
       (8) a photo of the alien, if available or readily 
     obtainable; and
       (9) the alien's fingerprints, if available or readily 
     obtainable.

[[Page S4824]]

       (c) Annual Report on Reporting.--The Secretary shall 
     maintain, and annually submit to the Congress, a detailed 
     report listing the States, or the political subdivisions of 
     States, that have provided information under subsection (a) 
     in the preceding year.
       (d) Reimbursement.--The Secretary shall reimburse States, 
     and political subdivisions of a State, for all reasonable 
     costs, as determined by the Secretary, incurred by the State, 
     or the political subdivision of a State, as a result of 
     providing information under subsection (a).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (f) Rule of Construction.--Nothing in this section may be 
     construed to require law enforcement officials of a State, or 
     of a political subdivision of a State, to provide the 
     Secretary with information related to a victim of a crime or 
     witness to a criminal offense.
       (g) Effective Date.--This section shall--
       (1) take effect on the date that is 120 days after the last 
     day of the application period for registered provisional 
     immigrant status; and
       (2) apply with respect to aliens apprehended on or after 
     such date.

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

       (a) In General.--Section 642 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1373) is amended--
       (1) by striking ``Immigration and Naturalization Service'' 
     each place it appears and inserting ``Department of Homeland 
     Security'';
       (2) in subsection (a), by striking ``may'' and inserting 
     ``shall'';
       (3) in subsection (b)--
       (A) by striking ``no person or agency may'' and inserting 
     ``a person or agency shall not'';
       (B) by striking ``doing any of the following with respect 
     to information'' and inserting ``undertaking any of the 
     following law enforcement activities''; and
       (C) by striking paragraphs (1) through (3) and inserting 
     the following:
       ``(1) Notifying the Federal Government regarding the 
     presence of inadmissible and deportable aliens who are 
     encountered by law enforcement personnel of a State or 
     political subdivision of a State.
       ``(2) Complying with requests for immigration-related 
     information from Federal law enforcement.
       ``(3) Complying with detainers issued by the Department of 
     Homeland Security.
       ``(4) Issuing policies in the form of a resolutions, 
     ordinances, administrative actions, general or special 
     orders, or departmental policies that violate Federal 
     immigration law or restrict a State or political subdivision 
     of a State from complying with Federal immigration law or 
     coordinating with Federal immigration law enforcement.''; and
       (4) by adding at the end the following:
       ``(d) Compliance.--
       ``(1) In general.--A State, or a political subdivision of a 
     State, that has in effect a statute, policy, or practice that 
     prohibits law enforcement officers of the State, or of a 
     political subdivision of the State, from assisting or 
     cooperating with Federal immigration law enforcement in the 
     course of carrying out the officers' routine law enforcement 
     duties shall not be eligible to receive, for a minimum period 
     of 1 year--
       ``(A) any of the funds that would otherwise be allocated to 
     the State or political subdivision under section 241(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the 
     `Cops on the Beat' program under part Q of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd et seq.); or
       ``(B) any other law enforcement or Department of Homeland 
     Security grant.
       ``(2) Annual determination and report.--The Secretary 
     shall--
       ``(A) annually determine which States or political 
     subdivisions of a State are ineligible for certain Federal 
     funding pursuant to paragraph (1); and
       ``(B) submit a report to Congress by March 1st of each year 
     that lists such States and political subdivisions.
       ``(3) Other reports.--The Attorney General shall issue a 
     report concerning the compliance of any particular State or 
     political subdivision at the request of the Committee on the 
     Judiciary of the Senate or the Committee on the Judiciary of 
     the House of Representatives.
       ``(4) Certification.--Any jurisdiction that is described in 
     paragraph (1) shall be ineligible to receive Federal 
     financial assistance described in paragraph (1) until after 
     the Attorney General certifies that the jurisdiction no 
     longer prohibits its law enforcement officers from assisting 
     or cooperating with Federal immigration law enforcement.
       ``(5) Reallocation.--Any funds that are not allocated to a 
     State or to a political subdivision of a State pursuant to 
     paragraph (1) shall be reallocated to States, or to political 
     subdivisions of States, that comply with such subsection.
       ``(e) Construction.--Nothing in this section shall require 
     law enforcement officials from States, or from political 
     subdivisions of States, to report or arrest victims or 
     witnesses of a criminal offense.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     except that subsection (d) of section 642 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373), as added by this section, shall take effect 
     beginning on the date that is 1 year after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1463. 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 1137, line 20, strike ``(8)'' and insert the 
     following:
       ``(8) Related work.--An alien admitted as a nonimmigrant 
     agricultural worker for employment as a sheepherder or goat 
     herder may also perform other work that is typically 
     performed in the range production of livestock, but is not 
     typically listed on the application for employment 
     certification, if such work--
       ``(A) involves farm or ranch chores related to the 
     production and husbandry of sheep and or goats, including--
       ``(i) herding, feeding, and guarding flocks;
       ``(ii) examining animals for illness and administering 
     treatments, as instructed;
       ``(iii) handling irrigation equipment; and
       ``(iv) assisting in lambing, docking, and shearing; and
       ``(B) is related to the range production of livestock for 
     which the alien was sought.
       ``(9)
                                 ______
                                 
  SA 1464. 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 1137, strike lines 4 through 8 and insert the 
     following:
       ``(5) Housing.--
       ``(A) In general.--The Secretary shall allow for the 
     provision of--
       ``(i) housing or a housing allowance by employers in 
     Special Procedures Industries; and
       ``(ii) housing suitable for workers employed in remote 
     locations.
       ``(B) Sheepherders and goat herders.--An alien admitted as 
     a nonimmigrant agricultural worker for employment as a 
     sheepherder or goat herder shall be provided temporary mobile 
     housing in accordance with part III of `Special Procedures: 
     Labor Certification Process for Sheepherders and Goatherders 
     Under the H-2A Program', as adopted and enforced by the 
     Department of Labor before June 14, 2011, for the duration of 
     employment in sheepherding and goat herding occupations.
                                 ______
                                 
  SA 1465. 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 1137, line 20, strike ``(8)'' and insert the 
     following:
       ``(8) Exemption from numerical limitations.--An 
     nonimmigrant agricultural worker employed in a Special 
     Procedures Industry shall be not subject to the numerical 
     limitations set forth in subsection (c).
       ``(9)
                                 ______
                                 
  SA 1466. 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 1389, beginning on line 21, strike ``who'' and all 
     that follows through page 1390, line 7, and insert the 
     following: ``who fails to query the System to verify the 
     identity and work authorized status of an individual.''.
                                 ______
                                 
  SA 1467. 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:

       At the appropriate place, insert the following:

     SEC. ___. PREEMPTION OF STATE OR LOCAL CRIMINAL LAWS.

       Nothing in this Act may be construed as preempting any 
     State or local criminal law.
                                 ______
                                 
  SA 1468. 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:

       Beginning on page 49, strike line 19 and all that follows 
     through page 50, line 16.

                                 ______
                                 
  SA 1469. Mr. McCAIN (for himself, Mr. Cardin, and Mr. Wicker) 
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 1603, after line 25, add the following:
       (d) Identification of Aliens Responsible for Gross 
     Violations of Human Rights.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act,

[[Page S4825]]

     the President shall submit to the appropriate congressional 
     committees a list identifying each alien who the President 
     determines, based on credible information--
       (A) planned, ordered, assisted, aided and abetted, 
     committed or otherwise knowingly participated in, including 
     through command responsibility, extrajudicial killings, 
     torture, or other gross violations of internationally 
     recognized human rights committed against individuals 
     seeking--
       (i) to expose illegal activity carried out by government 
     officials;
       (ii) to obtain, exercise, defend, or promote 
     internationally recognized human rights and freedoms, 
     including--

       (I) the freedoms of religion, expression, association, and 
     assembly; and
       (II) the rights to a fair trial and to democratic 
     elections; or

       (iii) acted as an agent of or on behalf of a person in a 
     matter relating to an activity described in this 
     subparagraph;
       (B) planned, ordered, assisted, aided and abetted, 
     committed or otherwise knowingly participated in, including 
     through command responsibility, widespread or systematic 
     violence against any civilian population based in whole or in 
     part on race, color, descent, sex, disability, membership in 
     an indigenous group, language, religion, political opinion, 
     national origin, ethnicity, membership in a particular social 
     group, birth, sexual orientation, or gender identity, or who 
     attempted or conspired to commit an act described in this 
     subparagraph; or
       (C) planned, ordered, assisted, aided and abetted, 
     committed or otherwise participated in, including through 
     command responsibility, war crimes, crimes against humanity, 
     or other serious violations of human rights, or who attempted 
     or conspired to commit an act described in this subparagraph.
       (2) Form of list.--
       (A) In general.--Except as provided in subparagraph (B), 
     the list required by paragraph (1) shall be submitted in 
     unclassified form.
       (B) Classified annex.--The list required by paragraph (1) 
     may include a classified annex if the President--
       (i) determines that it is necessary for the national 
     security interests of the United States to do so; and
       (ii) before submitting the list including a classified 
     annex, provides to the appropriate congressional committees 
     notice of, and a justification for, including each person in 
     the classified annex.
       (3) Duress.--The President shall not include an alien on 
     the list required under paragraph (1) if the President 
     determines that the alien's actions were committed under 
     duress. In determining whether an alien was subject to 
     duress, the President may consider relevant factors, 
     including the age of the alien at the time such actions were 
     committed.
       (4) Updates.--The President shall submit to the appropriate 
     congressional committees an update of the list required under 
     paragraph (1) as additional relevant information becomes 
     available.
       (5) Consideration of data from other countries and 
     nongovernmental organizations.--In preparing the list 
     required under paragraph (1), the President shall consider--
       (A) information provided by the chairperson or ranking 
     member of each of the appropriate congressional committees; 
     and
       (B) credible information obtained by other countries and 
     nongovernmental organizations that monitor human rights 
     abuses.
       (6) Public availability.--
       (A) In general.--Any unclassified portion of the list 
     required under paragraph (1) shall be made available to the 
     public and published in the Federal Register.
       (B) Nonapplicability of confidentiality requirement with 
     respect to visa records.--The President shall publish any 
     portion of the list described in subparagraph (A) without 
     regard to the requirements of section 222(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1202(f)) with 
     respect to confidentiality of records pertaining to the 
     issuance or refusal of visas or permits to enter the United 
     States.
       (7) Removal from list.--An alien may be removed from the 
     list required under paragraph (1) if the President 
     determines, and reports to the appropriate congressional 
     committees not later than 15 days before the removal of the 
     alien from the list, that--
       (A) credible information exists that the alien did not 
     engage in the activity for which the alien was added to the 
     list; or
       (B) the alien has been prosecuted appropriately for the 
     activity in which the alien engaged.
       (e) Inadmissibility.--
       (1) Ineligibility for visas.--An alien is ineligible to 
     receive a visa to enter the United States and ineligible to 
     be admitted to the United States if the alien is on the list 
     required by subsection (d)(1).
       (2) Current visas revoked.--The Secretary of State shall 
     revoke, in accordance with section 221(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1201(i)), the visa or other 
     documentation of any alien who would be ineligible to receive 
     such a visa or documentation under paragraph (1).
       (3) Waiver for national security interests.--The Secretary 
     of State may waive the application of paragraph (1) or (2) in 
     the case of an alien if--
       (A) the Secretary determines that such a waiver is in the 
     national security interests of the United States; and
       (B) before granting such a waiver, the Secretary provides 
     to the appropriate congressional committees notice of, and a 
     justification for, the waiver.
       (f) Regulatory Authority.--The President shall prescribe 
     such regulations as may be necessary to carry out subsections 
     (d) and (e), including regulatory exceptions 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.
       (g) Annual Report to Congress.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, the Secretary of State and the Secretary of 
     Homeland Security shall jointly submit to the appropriate 
     congressional committees a report, in unclassified or 
     classified form, that describes the actions taken to carry 
     out this section, including--
       (1) the number of persons added to or removed from the list 
     required under section (d)(1) during the year preceding the 
     report;
       (2) the dates on which such persons were added or removed;
       (3) the reasons for adding or removing such persons; and
       (4) if few or no such persons have been added to the list 
     during that year, the reasons for not adding more such 
     persons to the list.
       (h) Definitions.--In this section:
       (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
     have the meanings given those terms in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs, the Committee on 
     Homeland Security, and the Committee on the Judiciary of the 
     House of Representatives; and
       (B) the Committee on Foreign Relations, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on the Judiciary of the Senate.
                                 ______
                                 
  SA 1470. Mr. CORNYN 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 946, line 13 and insert the following:

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

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

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

       On page 948, beginning on line 13, 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--
       ``(i) shall interview each applicant who--

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

       ``(ii) may, in the sole discretion of the Secretary, 
     interview any other applicant for registered provisional 
     immigrant status under this section.
                                 ______
                                 
  SA 1471. Mr. FLAKE 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 859, strike line 24 and all that follows 
     through page 860, line 6, and insert the following:
       (a) Establishment.--
       (1) In general.--No later than the date that is 1 year 
     after the date of the enactment of this Act, there is 
     established a commission to be known as the ``Southern Border

[[Page S4826]]

     Security Commission'' (referred to in this section as the 
     ``Commission'').
       (2) Expenditures and report.--Only if the Secretary cannot 
     certify that the Department has achieved effective control in 
     all border sectors for at least 1 fiscal year before the date 
     that is 5 years after the date of the enactment of this Act--
       (A) the report described in subsection (d) shall be 
     submitted; and
       (B) 60 days after such report is submitted, the funds made 
     available in section 6(a)(3)(A)(ii) may be expended (except 
     as provided in subsection (i)).
       On page 861, strike lines 15 through 19, and insert the 
     following:
       (2) Qualifications for appointment.--The 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 and may also include 
     reputable individuals who are landowners in the Southern 
     border area with first-hand experience with border issues.
       On page 861, lines 22 and 23, strike ``60 days after the 
     Secretary makes a certification described in subsection 
     (a).'' and insert ``no later than 1 year after the date of 
     the enactment of this Act.''.
       On page 862, strike lines 11 through 20, and insert the 
     following:
       (c) Duties.--
       (1) In general.--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--
       (A) the capability to engage in, and engaging in, 
     persistent surveillance in border sectors along the Southern 
     border; and
       (B) an effectiveness rate of 90 percent or higher in all 
     border sectors along the Southern border.
       (2) Public hearings.--
       (A) In general.--The Commission shall convene at least 1 
     public hearing each year on border security.
       (B) Report.--The Commission shall provide a summary of each 
     hearing convened pursuant to subparagraph (A) to the entities 
     set out in subparagraphs (A) through (G) of section 5(a)(1).
       On page 862, beginning on line 21, strike ``Not later than 
     180 days after the end of the 5-year period described in 
     subsection (a),'' and insert ``If required pursuant to 
     subsection (a)(2)(B) and in no case earlier than the date 
     that is 5 years after the date of the enactment of this 
     Act,''.
       On page 864, strike lines 5 through 7, and insert the 
     following:
       (h) Termination.--The Commission shall terminate 10 years 
     after the date of the enactment of this Act.
       (i) Funding.--The amounts made available under section 
     6(a)(3)(A)(ii) to carry out programs, projects, and 
     activities recommended by the Commission may not be expended 
     prior to the date that is 60 days after a report required by 
     subsection (d) is submitted and, in no case, prior to 60 days 
     after the date that is 5 years after the date of the 
     enactment of this Act, except that funds made available under 
     section 6(a)(3)(A)(ii) may be used for minimal administrative 
     expenses directly associated with convening the public 
     hearings required by subsection (c)(2)(A) and preparing and 
     providing summaries of such hearings required by subsection 
     (c)(2)(B).
       On page 876, line 21, strike ``3(b)'' and insert ``3(b), 
     and for the administrative expenses directly associated with 
     convening the public hearings required by section 3(c)(2)(A) 
     and preparing and providing summaries of such hearings 
     required by section 3(c)(2)(B).''.
                                 ______
                                 
  SA 1472. Mr. FLAKE 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 898, after line 22, add the following:
       (e) Study and Report on the Use of Nonfederal Roads by U.S. 
     Customs and Border Protection.--The Comptroller General of 
     the United States shall conduct a study of, and prepare a 
     report on--
       (1) the extent to which U.S. Customs and Border Protection 
     (referred to in this subsection as ``CBP'') uses nonfederal 
     roads along the Southern border, including State, county, or 
     locally-maintained primitive roads;
       (2) the places where CBP use represents a significant 
     percentage of the use of the roads described in paragraph 
     (1);
       (3) the extent to which the CBP use of such roads causes 
     increased degradation and increased maintenance costs for 
     State, county, or local entities; and
       (4) possible ways for CBP to assist State, county, and 
     local entities with the maintenance of the nonfederal roads 
     adversely affected by CBP use.
                                 ______
                                 
  SA 1473. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 946, between lines 12 and 13, insert the following:

       ``(V) an offense for driving under the influence or driving 
     while intoxicated; or

                                 ______
                                 
  SA 1474. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC.__. INELIGIBILITY FOR UNITED STATES CITIZENSHIP OF 
                   PERSONS WHO HAVE PREVIOUSLY BEEN WILLFULLY IN 
                   UNITED STATES IN UNLAWFUL STATUS.

       Notwithstanding any other provision of law, no person who 
     is or has previously been willfully present in the United 
     States while not in lawful status under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) shall be eligible for 
     United States citizenship.
                                 ______
                                 
  SA 1475. Mr. TOOMEY 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 1829, strike line 7, and all that follows 
     through page 1833, line 2, and insert the following:
       ``(i) For the first year aliens are admitted as W 
     nonimmigrants, 200,000.
       ``(ii) For the second such year, 250,000.
       ``(iii) For the third such year, 300,000.
       ``(iv) For the fourth such year, 350,000.
       ``(v) For each year after the fourth such year, the level 
     calculated for that year under paragraph (2).
       ``(B) Dates.--The first year referred to in subparagraph 
     (A)(i) shall begin on April 1, 2015, and end on March 31, 
     2016, unless the Secretary determines that such first year 
     shall begin on October 1, 2015, and end on September 30, 
     2016.
       ``(2) Years after year 4.--
       ``(A) Current year and preceding year.--In this paragraph--
       ``(i) the term current year shall refer to the 12-month 
     period for which the calculation of the numerical limits 
     under this paragraph is being performed; and
       ``(ii) the term preceding year shall refer to the 12-month 
     period immediately preceding the current year.
       ``(B) Numerical limitation.--Subject to subparagraph (D), 
     the number of registered positions that may be approved by 
     the Secretary for a year after the fourth year referred to in 
     paragraph (1)(A)(iv) shall be equal to the sum of--
       ``(i) the number of such registered positions available 
     under this paragraph for the preceding year; and
       ``(ii) the product of--

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

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

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

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

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

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

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

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

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

       ``(D) Minimum and maximum levels.--The number of registered 
     positions calculated under subparagraph (B) for a 12-month 
     period may not be less than 200,000 nor more than 400,000.
                                 ______
                                 
  SA 1476. Ms. HEITKAMP (for herself 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:

       At the end of title I, add the following:

[[Page S4827]]

     SEC. 1122. SECURITY AND TRADE FACILITATION ON THE NORTHERN 
                   BORDER.

       (a) Authority to Enter Into Law Enforcement 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 paragraph (2), any 
     person designated to perform the duties of an officer of the 
     customs pursuant to section 401(i) shall be entitled to the 
     same privileges and immunities as an officer of the customs 
     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 pursuant to section 
     401(i) shall be entitled to such privileges and immunities as 
     are afforded to the law enforcement 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 
     under section 401(i) such privileges and immunities as are 
     necessary for those law enforcement officers to carry out 
     those duties.''.
       (b) 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, as appropriate, 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.''.
       (c) 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 committed by personnel working in furtherance of 
              border security initiatives outside the United States.''.

                                 ______
                                 
  SA 1477. 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:

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

     SEC. 2323. RELIEF FOR VICTIMS OF NOTARIO FRAUD.

       (a) Withdrawal of Submission.--
       (1) In general.--An alien may withdraw, without prejudice, 
     an application or other submission for immigration status or 
     other immigration benefit if the alien demonstrates the 
     application or submission was prepared or submitted by an 
     individual engaged in the unauthorized practice of law or 
     immigration practitioner fraud.
       (2) Corrected filings.--The Secretary, the Secretary of 
     State, and the Attorney General shall develop a mechanism for 
     submitting corrected applications or other submissions 
     withdrawn under paragraph (1).
       (b) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) (8 
     U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is 
     further amended by adding at the end the following:

       ``(VII) Immigration practitioner fraud.--Clause (i) shall 
     not apply to an alien who departed the United States based on 
     the erroneous advice of an individual engaged in the 
     unauthorized practice of law or immigration practitioner 
     fraud.''.

       (c) Review of Denial of RPI Status.--Section 245B of the 
     Immigration and Nationality Act, as added by section 2101(a), 
     is amended by adding at the end of subsection (c)(11) the 
     following:
       ``(C) Review for immigration practitioner fraud.--The 
     Secretary shall establish a procedure for the review or 
     reconsideration of an application for registered provisional 
     immigrant status that was denied if the applicant 
     demonstrates that the application was prepared or submitted 
     by an individual engaged in the unauthorized practice of law 
     or immigration practitioner fraud.''.
                                 ______
                                 
  SA 1478. 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 1565, strike line 14 and insert the following:
       (c) Outreach to Immigrant Communities.--
       (1) Authority to conduct.--The Attorney General, acting 
     through the Director of the Executive Office for Immigration 
     Review, shall carry out a program to educate aliens regarding 
     who may provide legal services and representation to aliens 
     in immigration proceedings through cost-effective outreach to 
     immigrant communities.
       (2) Purpose.--The purpose of the program authorized under 
     paragraph (1) is to prevent aliens from being subjected to 
     fraud by immigration consultants, visa consultants, and other 
     individuals who are not authorized to provide legal services 
     or representation to aliens.
       (3) Availability.--The Attorney General shall, to the 
     extent practicable, make information regarding fraud by 
     immigration consultants, visa consultants, and other 
     individuals who are not authorized to provide legal services 
     or representation to aliens available--
       (A) at appropriate offices that provide services or 
     information to aliens; and
       (B) through websites that are--
       (i) maintained by the Attorney General; and
       (ii) intended to provide information regarding immigration 
     matters to aliens.
       (4) Foreign language materials.--Any educational materials 
     used to carry out the program authorized under paragraph (1) 
     shall, to the extent practicable, be made available to 
     immigrant communities in appropriate languages, including 
     English and Spanish.
       (5) Authorization of appropriations.--For each of fiscal 
     years 2014 through 2018, there is authorized to be 
     appropriated $1,000,000 from the Comprehensive Immigration 
     Reform Trust Fund established under section 6 to carry out 
     this subsection.
       (d) Definitions.--In this section:
                                 ______
                                 
  SA 1479. 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 1154, between lines 20 and 21, insert the 
     following:
       ``(J) Humanitarian criteria.--An alien shall be allocated 
     10 points if the alien can demonstrate that there is a 
     pattern in the alien's country of nationality, or, if the 
     alien is stateless, in the country of the alien's last 
     habitual residence, of discrimination or discriminatory 
     practices against a group of individuals similarly situated 
     to the alien on account of race, religion, nationality, 
     membership in a particular social group, or political 
     opinion.
                                 ______
                                 
  SA 1480. 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 1154, between lines 20 and 21, insert the 
     following:
       ``(J) Women who are nationals of countries that 
     discriminate against women.--A female alien who is a national 
     of a country that restricts the access of women to 
     educational or employment opportunities or discourages women 
     from pursuing such opportunities, or that otherwise 
     discriminates against women based on sex or gender, shall be 
     allocated 10 points.
                                 ______
                                 
  SA 1481. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for

[[Page S4828]]

comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 896, between lines 10 and 11, insert the following:

     SEC. 10. IMMIGRATION REFORM IMPLEMENTATION COUNCIL.

       (a) Establishment.--Not later than 30 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     coordinating body, to be known as the Immigration Reform 
     Implementation Council (in this section referred to as the 
     ``Implementation Council''), to oversee implementation of 
     those portions of this Act and the amendments made by this 
     Act that lie within the responsibilities of the Department.
       (b) Chairperson.--The Deputy Secretary of Homeland Security 
     shall serve as Chairperson of the Implementation Council, 
     reporting to and under the authority of the Secretary and in 
     keeping with the authorities specified by the Homeland 
     Security Act of 2002 (Public Law 107-296).
       (c) Membership.--The members of the Implementation Council 
     shall include the following:
       (1) The Commissioner for Customs and Border Protection.
       (2) The Assistant Secretary for Immigration and Customs 
     Enforcement.
       (3) The Director of U.S. Citizenship and Immigration 
     Services.
       (4) The Under Secretary for Management.
       (5) The General Counsel of the Department.
       (6) The Assistant Secretary for Policy.
       (7) The Director of the Office of International Affairs.
       (8) The Officer for Civil Rights and Civil Liberties.
       (9) The Privacy Officer.
       (10) The Director of the Office of Biometric Identity 
     Management.
       (11) Other appropriate officers or employees of the 
     Department, as determined by the Secretary or the Chairperson 
     of the Implementation Council.
       (d) Duties.--The Implementation Council shall--
       (1) meet regularly to coordinate implementation of this Act 
     and the amendments made by this Act, with particular regard 
     to--
       (A) broad policy coordination of immigration reform under 
     this Act and the amendments made by this Act;
       (B) policy and operational concerns regarding the 
     Comprehensive Immigration Reform Trust Fund established under 
     section 6;
       (C) timely development of regulations required by this Act 
     or an amendment made by this Act and related guidance; and
       (D) participating in interagency decisionmaking with the 
     Executive Office of the President, the Office of Management 
     and Budget, the Department of State, the Department of 
     Justice, the Department of Labor, and other agencies 
     regarding implementation of this Act and the amendments made 
     by this Act;
       (2) establish liaisons to other agencies responsible for 
     implementing significant portions of this Act or the 
     amendments made by this Act, including the Department of 
     State, the Department of Justice, the Department of Labor;
       (3) establish liaisons to key stakeholders, including 
     employer associations and labor unions;
       (4) provide regular briefings to the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and other appropriate committees of 
     Congress;
       (5) provide timely information regarding Department-wide 
     implementation of this Act and the amendments made by this 
     Act through a single, centralized location on the website of 
     the Department; and
       (6) conduct such other activities as the Secretary or 
     Chairperson of the Implementation Council determine 
     appropriate.
       (e) Maintenance of Council.--The Implementation Council 
     shall terminate at the end of the period necessary for the 
     Department to implement substantially the responsibilities of 
     the Department under this Act and the amendments made by this 
     Act, as determined by the Secretary, but in no event earlier 
     than 10 years after the date of enactment of this Act.
       (f) Staff.--The Deputy Secretary of Homeland Security shall 
     appoint a full-time executive director and such other 
     employees as are necessary for the Implementation Council.
       (g) Availability of Funds.--Amounts made available to the 
     Secretary under section 6(b) may be used to support the 
     activities of the Implementation Council in implementing this 
     Act and the amendments made by this Act.
                                 ______
                                 
  SA 1482. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON FINDING.

       (a) In General.--Notwithstanding any other provision of 
     law, no Federal funds shall be made available to carry out 
     the Patient Protection and Affordable Care Act (Public Law 
     111-148) or title I and subtitle B of title II of the Health 
     Care and Education Reconciliation Act of 2010 (Public Law 
     111-152), or the amendments made by either such Act, until 
     such time as there are no aliens remaining in registered 
     provisional immigrant status.
       (b) Limitation.--No entitlement to benefits under any 
     provision referred to in subsection (a) shall remain in 
     effect on and after the date of the enactment of this Act 
     until such time as there are no aliens remaining in 
     registered provisional immigrant status.
                                 ______
                                 
  SA 1483. Mr. JOHNSON of Wisconsin (for himself, Mr. King, Mr. Blunt, 
and Mr. Begich) submitted an amendment intended to be proposed by him 
to the bill S. 744, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 1741, strike line 22 and all that follows through 
     line 22 on page 1742, and insert the following:
       ``(e) J-1 Visa Exchange Visitor Program Fee.--In addition 
     to the fees authorized under subsection (a), the Secretary of 
     State shall collect from designated program sponsors, a $100 
     fee for each nonimmigrant entering under the Summer Work 
     Travel program conducted by the Secretary of State pursuant 
     to the Foreign Affairs Reform and Restructuring Act of 1998 
     (division G of Public Law 105-277; 112 Stat. 2681-761). Fees 
     collected under this subsection shall be deposited into the 
     Comprehensive Immigration Reform Trust Fund established under 
     section 6(a)(1) of the Border Security, Economic Opportunity, 
     and Immigration Modernization Act. The Secretary of Homeland 
     Security, in conjunction with the Secretary of State, shall 
     promulgate regulations ensuring that a fee required by this 
     subsection is paid on behalf of all summer work travel 
     nonimmigrants under section 101(a)(15)(J) seeking entry into 
     the United States.''.
                                 ______
                                 
  SA 1484. Mr. JOHNSON of Wisconsin (for himself and Mr. Blunt) 
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 4407.
                                 ______
                                 
  SA 1485. Ms. HEITKAMP (for herself, Mr. Tester, Mr. Baucus, and Mr. 
Levin) 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 897, strike lines 14 through 18 and insert the 
     following:
       (b) Study and Report on Northern Border.--
       (1) Limitation on resource shifting.--
       (A) In general.--Except as provided in subparagraphs (B) 
     and (C), the Secretary may not reduce the levels of 
     Department personnel, resources, technological assets or 
     funding for operations on the Northern border below such 
     levels as of the date of the enactment of this Act, including 
     by reassigning or stationing U.S. Customs and Border 
     Protection Officers and U.S. Border Patrol Agents from the 
     Northern border to the Southern border.
       (B) Limited personnel transfer authority.--Notwithstanding 
     subparagraph (A), the Secretary may reassign or station 
     personnel from a location along the Northern border to the 
     Southern border if--
       (i) the most recent report submitted under paragraph (3) 
     indicates excess personnel exist at such Northern border 
     location beyond what is needed to meet and maintain 
     appropriate staffing levels; and
       (ii) the Secretary notifies the appropriate congressional 
     committees and the Governor of each State from which such 
     personnel will be transferred.
       (C) Temporary emergency authority.--
       (i) In general.--The Secretary may transfer personnel from 
     along the Northern border if the Secretary notifies and 
     provides justification to the appropriate congressional 
     committees that an emergency need due to a critical personnel 
     shortage exists in the location or locations where the 
     Secretary proposes to transfer the personnel to, and that the 
     location or locations from which the personnel are to be 
     transferred, has at the time of the proposed transfer a level 
     of personnel that is greater than the level needed to meet 
     and maintain the mission of Department along the Northern 
     Border.
       (ii) Duration of authority.--Any authority exercised under 
     clause (i) shall extend until the next report required under 
     paragraph (3) is submitted, but may be extended for the 
     duration of one or more reporting periods provided that the 
     most recent report so submitted states that the transfer was 
     appropriate and that the border region from which the 
     personnel were transferred currently has a sufficient level 
     of personnel.
       (2) Study required.--
       (A) In general.--The Secretary shall conduct a study on the 
     Northern border focusing on the following priorities:
       (i) Ensuring the efficient flow of cross-border economic 
     and personal traffic between States along the Northern border 
     and Canada.
       (ii) Preventing individuals from illegally crossing over 
     the Northern border.
       (iii) Preventing the flow of illegal goods and illicit 
     drugs across the Northern Border.

[[Page S4829]]

       (iv) Ensuring an appropriate level of national security 
     measures is in place to thwart acts of terrorism.
       (B) Scope.--The study required under this paragraph shall 
     include the following:
       (i) An examination of the strategies that the Department is 
     using to secure the border, including an assessment of their 
     current effectiveness and recommendations on how their 
     effectiveness could be enhanced.
       (ii) A determination of the appropriate personnel, 
     resource, technological asset, and funding requirements for 
     all Department elements deployed on the Northern border, 
     including interior enforcement. This should include a 
     description of measures the Department needs to take to 
     either meet those needs or shift excess personnel, resources, 
     technological assets, or funding to a different region as 
     well as a description of the challenges the Department faces 
     in meeting the identified needs or shifting excess personnel, 
     resources, technological assets, or funding.
       (iii) A State-by-State assessment of the Northern border 
     States and a description of the personnel, resource, 
     technological asset, and funding needs for each location as 
     determined by the Department.
       (iv) With respect to the four priorities described in 
     subparagraph (A), a description of the following issues:

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

       (3) Report.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary shall submit to the appropriate congressional 
     committees a report on the study conducted under paragraph 
     (2).
       (B) Content.--The report required under subparagraph (A) 
     shall include the following elements:
       (i) The findings of the study conducted under paragraph 
     (2).
       (ii) Input from other Federal agencies operating in the 
     Northern border States, such as the Bureau of Indian Affairs, 
     the Federal Bureau of Investigations, the Drug Enforcement 
     Agency, the Food and Drug Administration, and the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives, that could be 
     impacted by any reallocation, increase, or decrease of 
     Department personnel, resources, technological assets, or 
     funding along the Northern border.
       (iii) A description of any changes along the Southern 
     border that are impacting the Northern border.
       (iv) Recommendations for enhancing security along the 
     Northern border.
       (v) An explanation of why the Department is not 
     implementing any recommendations contained in the study.
       (vi) Recommendations for additional legislation necessary 
     to implement recommendations contained in the study.
       (4) Appropriate congressional committees defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on the Judiciary, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Appropriations, and the Committee on Finance of the Senate; 
     and
       (B) the Committee on the Judiciary, the Committee on 
     Homeland Security, the Committee on Appropriations, and the 
     Committee on Ways and Means of the House of Representatives.
                                 ______
                                 
  SA 1486. Mr. COONS 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 1492, strike line 13 and all that follows 
     through page 1493, line 24, and insert the following:
       ``(B) the alien, at a reasonable time after service of the 
     charging document on the alien, shall automatically receive 
     from the Department of Homeland Security 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 Department of 
     Homeland Security 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 submitting to the Department of 
     Homeland Security an executed knowing and voluntary waiver in 
     a language that he or she understands fluently;''; and
       (D) by adding at the end the following:
     ``The Government is not required to provide counsel to aliens 
     under this paragraph. However, the Attorney General may, in 
     the Attorney General's sole and unreviewable discretion, 
     appoint or provide counsel at Government expense to aliens in 
     immigration proceedings.''; and
       (2) by adding at the end the following:
       ``(8) Failure to provide alien with required documents.--
     The immigration judge may set reasonable time limits for the 
     Department of Homeland Security to provide the documents 
     specified in paragraph (4)(B). In the absence of a waiver by 
     the alien, a removal proceeding may not proceed until the 
     alien has received such documents. The immigration judge 
     shall consider terminating the proceeding without prejudice 
     if the Department of Homeland Security does not provide the 
     documents to the alien within such time limits.''.
                                 ______
                                 
  SA 1487. Mr. CORNYN 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, between lines 11 and 12, insert the following:
       (D) the resources and other measures that are necessary to 
     achieve a 50 percent reduction in the average wait times for 
     commercial and passenger vehicles at land ports of entry 
     along Southern border and the Northern border.
       On page 897, line 9, strike ``3,500'' and insert ``5,000 
     (not less than 50 percent of which shall be designated to 
     serve on all inspection lanes (primary, secondary, incoming, 
     and outgoing) and enforcement teams at land ports of entry on 
     the Northern border and the Southern border)''.
       At the end of title I, add the following:

     SEC. 1122. EMERGENCY PORT OF ENTRY PERSONNEL AND 
                   INFRASTRUCTURE FUNDING.

       (a) Staff Enhancements.--In addition to positions 
     authorized before the date of the enactment of this Act and 
     any existing officer vacancies within U.S. Customs and Border 
     Protection on such date, the Secretary shall, by not later 
     than September 30, 2018, and subject to the availability of 
     appropriations for such purpose, hire, train, and assign to 
     duty 350 additional full-time support staff, compared to the 
     number of such employees on the date of the enactment of this 
     Act, to be distributed among all United States ports of 
     entry.
       (b) Waiver of Personnel Limitation.--The Secretary may 
     waive any limitation on the number of full-time equivalent 
     personnel assigned to the Department in order to fulfill the 
     requirements under subsection (a).
       (c) Reports to Congress.--
       (1) Outbound inspections.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate committees of Congress a report containing 
     the Department's plans for ensuring the placement of 
     sufficient officers of U.S. Customs and Border Protection on 
     outbound inspections, and adequate outbound infrastructure, 
     at all Southern and Northern border land ports of entry.
       (2) Agricultural specialists.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary, in 
     consultation with the Secretary of Agriculture, shall submit 
     to the appropriate committees of Congress a report that 
     contains the Department's plans for ensuring the placement of 
     sufficient agriculture specialists at all Southern border and 
     Northern border land ports of entry.
       (3) Annual implementation report.--Not later than 1 year 
     after the date of the enactment of this Act, and annually 
     thereafter, the Secretary shall submit to the appropriate 
     committees of Congress a report that--
       (A) describes in detail the Department's implementation 
     plan for staff enhancements required under subsection (a);
       (B) includes the number of additional personnel assigned to 
     duty at land ports of entry by location; and
       (C) describes the methodology used to determine the 
     distribution of additional personnel to address northbound 
     and southbound cross-border inspections.
       (4) Appropriate committees of congress.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on the Judiciary and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) the Committee on the Judiciary and the Committee on 
     Homeland Security of the House of Representatives.
       (d) Secure Communication.--The Secretary shall ensure that 
     each officer of U.S. Customs and Border Protection is 
     equipped with a secure 2-way communication and satellite-
     enabled device, supported by system interoperability, that 
     allows such officers to communicate between ports of entry 
     and inspection stations, and with other Federal, State, 
     local, and tribal law enforcement entities.

[[Page S4830]]

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

     SEC. 1123. 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.
                                 ______
                                 
  SA 1488. Mr. CORNYN 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 1579, line 11, insert ``less than 5 years and not'' 
     after ``not''.
       On page 1579, line 15, insert ``not less than 10'' after 
     ``term of''.
       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 274, be fined under title 18, imprisoned 
     not less than 5 years and not 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, be 
     fined under title 18, imprisoned not less than 5 years and 
     not 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 that is indictable under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), including section 
     274 of such Act (relating to bringing in and harboring 
     certain aliens), section 277 of such Act (relating to aiding 
     or assisting certain aliens to enter the United States), or 
     section 278 of such Act (relating to importation of an alien 
     for an immoral purpose);''.

     SEC. 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, be fined 
     under title 18, United States Code, imprisoned not less than 
     5 years and not more than 25 years, or both;

[[Page S4831]]

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

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

     SEC. 3716. 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. 3717. 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.

[[Page S4832]]

       (c) Customs and Border Protection Strategy for Prepaid 
     Access Devices.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Commissioner responsible 
     for U.S. Customs and Border Protection, shall submit to 
     Congress a report detailing a strategy to interdict and 
     detect prepaid access devices, digital currencies, or other 
     similar instruments, at border crossings and other ports of 
     entry for the United States. The report shall include an 
     assessment of infrastructure needs to carry out the strategy 
     detailed in the report.

     SEC. 3718. 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. 3719. 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. 3720. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION; 
                   EMERGENCY AUTHORITY.

       (a) In General.--The United States Sentencing Commission 
     shall review and, if appropriate, amend the Federal 
     sentencing guidelines and policy statements as the Commission 
     considers appropriate to respond to this Act.
       (b) Emergency Authority.--In carrying out subsection (a), 
     the Commission may promulgate amendments to the Federal 
     sentencing guidelines and policy statements in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987 (28 U.S.C. 994 note), as though the 
     authority under that Act had not expired.
                                 ______
                                 
  SA 1489. Mr. CORNYN 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 1794, strike lines 3 through 7.
       On page 1797, strike lines 17 through 21.
       On page 1801, strike lines 20 through 24.
       Beginning on page 1825, strike line 9 and all that follows 
     through page 1826, line 5, and insert the following:
       ``(B) Returning worker and renewing employer exemption.--
     Renewals of approved job slots and W visas by employers or 
     workers in good standing shall not be counted toward the 
     limits established under subsection (g)(1)(A) or factored 
     into the formulaic determinations made under subparagraphs 
     (A) through (D) of subsection (g)(2).
       ``(C) Intending immigrants.--
       ``(i) Extension of period.--A registered visa holder shall 
     continue to be a registered visa holder at the end of the 3-
     year period referred to in subparagraph (A) if the W 
     nonimmigrant is the beneficiary of a petition for immigrant 
     status filed pursuant to this Act.
       ``(ii) Termination of period.--The term of a registration 
     position extended under clause (i) shall terminate on the 
     date that is the earlier of--

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

       Beginning on page 1839, strike line 3 and all that follows 
     through page 1840, line 10.
                                 ______
                                 
  SA 1490. Mr. CORNYN 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 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 of this Act or section 2211 
     of the Border Security, Economic Opportunity, and Immigration 
     Modernization Act, and any other information derived from 
     such furnished information to--
       ``(A) a law enforcement agency, intelligence agency, 
     national security agency, a component of the Department of 
     Homeland Security, court, or grand jury, in each instance 
     about an individual suspect or group of suspects, consistent 
     with law, in connection with--
       ``(i) a criminal investigation or prosecution;
       ``(ii) a national security investigation or prosecution; or
       ``(iii) a duly authorized investigation of a civil 
     violation; and
       ``(B) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       ``(3) Inapplicability after denial.--The limitations set 
     forth in paragraph (1)--
       ``(A) shall apply only until--
       ``(i) an application filed under section 245B, 245C, 245D, 
     or 245F of this Act or section 2211 of the Border Security, 
     Economic Opportunity, and Immigration Modernization Act is 
     denied; and
       ``(ii) all opportunities for administrative appeal of the 
     denial have been exhausted; and
       ``(B) shall not apply to the use of the information 
     furnished pursuant to such application in any removal 
     proceeding or other criminal or civil case or action relating 
     to an alien whose application has been granted that is based 
     upon any violation of law committed or discovered after such 
     grant.
       ``(4) Criminal convictions.--Notwithstanding any other 
     provision of this section, information concerning whether the 
     applicant has, at any time, been convicted of a crime may be 
     used or released for immigration enforcement and law 
     enforcement purposes.
       ``(5) Auditing and evaluation of information.--The 
     Secretary may--
       ``(A) audit and evaluate information furnished as part of 
     any application filed under section 245B, 245C, 245D, or 245F 
     for purposes of identifying immigration fraud or fraud 
     schemes; and
       ``(B) use any evidence detected by means of audits and 
     evaluations for purposes of investigating, prosecuting, 
     referring for prosecution, or denying or terminating 
     immigration benefits.
       ``(6) Use of information in petitions and applications 
     subsequent to adjustment of status.--If the Secretary has 
     adjusted an alien's status to that of an alien lawfully 
     admitted for permanent residence pursuant to section 245C, 
     245D, or 245F, the Secretary, at any time thereafter, may use 
     the information furnished by the alien in the application for 
     adjustment of status or in an application for status under 
     section 245B, 245C, 245D, or 245F to make a determination on 
     any petition or application.
       ``(7) Construction.--Nothing in this section may be 
     construed to limit the use or release, for immigration 
     enforcement purposes, of information contained in files or 
     records of the Secretary or the Attorney General pertaining 
     to applications filed under section 245B, 245C, 245D, or 245F 
     other than information furnished by an applicant in the 
     application, or any other information derived from the 
     application, that is not available from any other source.''.
       On page 1038, between lines 9 and 10, 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 striking subparagraph (A) and inserting the 
     following:
       ``(A) with regard to individual aliens, at any time on a 
     case-by-case basis for the purpose of--
       ``(i) preventing, investigating, or punishing acts that 
     would constitute a crime in the United States, including 
     terrorism or trafficking in controlled substances, persons, 
     or illicit weapons; or
       ``(ii) determining a person's removability or eligibility 
     for a visa, admission, or other immigration benefit;'';
       (C) in subparagraph (B)--
       (i) by striking ``for the purposes'' and inserting ``for 
     one of the purposes''; and
       (ii) by striking ``or to deny visas to persons who would be 
     inadmissible to the United States.'' and inserting ``; or''; 
     and
       (D) by adding at the end the following:
       ``(C) with regard to any or all aliens in the database-
     specified data elements from each record, if the Secretary of 
     State determines that it is in the national interest to 
     provide such information to a foreign government.''.
                                 ______
                                 
  SA 1491. Mr. TESTER submitted an amendment intended to be proposed by

[[Page S4833]]

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 1318, line 8, strike ``Services database'' and 
     insert ``Services or other appropriate database. U.S. 
     Citizenship and Immigration Services shall not maintain 
     photos provided by a participating State in a Services 
     database except for photos of individuals about whom a 
     verification query is made using a State-issued covered 
     identity document, which may be maintained only during the 
     verification process, including any appeals. The photos shall 
     not be disclosed except for verification purposes as 
     authorized by this section.''.
       On page 1324, line 11, insert ``or system'' after ``card''.
       On page 1366, line 9 strike ``and''.
       On page 1366, line 15, strike the period and insert ``; 
     and''.
       On page 1366, between lines 15 and 16, insert the 
     following:
       ``(x) provide appropriate administrative safeguards to 
     ensure compliance with the limitation contained in paragraph 
     (9).''.
       On page 1378, lines 15 through 18 strike ``nothing in this 
     subsection may be construed to permit or allow any 
     department, bureau, or other agency of the United States 
     Government or any other entity to'' and insert ``no 
     department, bureau, or other agency of the United States 
     Government or any other entity shall''.
       On page 1378, line 19, insert ``share, or transmit'' after 
     ``lize''.
                                 ______
                                 
  SA 1492. 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. ___. REPORTS AND OTHER DOCUMENTS REQUIRED TO BE 
                   SUBMITTED TO THE COMMITTEE ON HOMELAND SECURITY 
                   AND GOVERNMENTAL AFFAIRS OF THE SENATE AND THE 
                   COMMITTEE ON HOMELAND SECURITY OF THE HOUSE OF 
                   REPRESENTATIVES.

       Each report, plan, strategy, study, or document required to 
     be submitted to Congress or any committee of Congress under 
     this Act, or under any amendment made by this Act, shall be 
     submitted to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives at the same 
     time the report is required to be submitted to Congress or 
     the committee of Congress.
                                 ______
                                 
  SA 1493. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1794, strike lines 13 through 19, and insert the 
     following:
       (5) Shortage occupation.--The term ``shortage occupation'' 
     means--
       (A) an occupation that the Commissioner determines is 
     experiencing a shortage of labor--
       (i) throughout the United States; or
       (ii) in a specific metropolitan statistical area; and
       (B) a zone 1, zone 2, or zone 3 occupation involving 
     seafood processing in Alaska.
                                 ______
                                 
  SA 1494. Mr. CHAMBLISS 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 1115, strike line 14 and all that follows through 
     page 1118, line 9, and insert the following:
       ``(2) Job categories.--
       ``(A) In general.--For purposes of paragraph (1), each 
     nonimmigrant agricultural worker employed by such employer 
     shall be assigned to 1 of the following occupational 
     classifications:
       ``(i) High-skilled agricultural workers, including the 
     following, as defined by the Bureau of Labor Statistics:

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

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

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

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

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

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

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

       ``(B) Subsequent years.--The Secretary shall increase the 
     hourly wage rates set forth in clause (i) and (ii) of 
     subparagraph (A), for
                                 ______
                                 
  SA 1495. Mr. CHAMBLISS 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 1123, between lines 22 and 23, insert the 
     following:
       ``(ii) Limitation.--Notwithstanding clause (i), an alien 
     who is or was a nonimmigrant agricultural worker is not 
     eligible for legal services under the Legal Services 
     Corporation Act (42 U.S.C. 2996 et seq.) if such alien is 
     located outside the United States.
       Beginning on page 1124, strike line 21, and all that 
     follows through page 1125, line 4 and insert the following:
       ``(iv) 90-day limit.--The Federal Mediation and 
     Conciliation Service may conduct mediation or other binding 
     dispute resolution activities for a period not to exceed 90 
     days beginning on the date on which the Federal Mediation and 
     Conciliation Service receives a request for assistance under 
     clause (ii) unless the parties agree to an extension of such 
     period.
       ``(v) Binding mediation.--Mediation or other dispute 
     resolution activities carried out under this subparagraph 
     shall be binding on the parties.
                                 ______
                                 
  SA 1496. Mr. CHAMBLISS 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 1082, strike line 19 and all that follows through 
     page 1083, line 2, and insert the following:
       ``(B) Allocation of visas.--
       ``(i) In general.--The allocation of visas described in 
     subparagraph (A) for a year shall be allocated as follows:

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

       ``(ii) Unused visas.--Any visas available on January 1 of a 
     year under clause (i)(I) that are unused as of July 1 of that 
     year shall be added to the allocation available to allocation 
     available on July 1 of that year under clause (i)(II).
                                 ______
                                 
  SA 1497. Mr. CHAMBLISS 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 1042, line 12, strike ``575 hours or 100 work 
     days'' and insert ``1000 hours or 180 work days''.

       On page 1071, strike line 24 and all that follows through 
     page 1072, line 5, and insert the following:
       ``(C) Sufficient evidence.--An alien who cannot meet the 
     burden of proof otherwise required by subparagraph (A) may, 
     in an interview with the Secretary, establish that the alien 
     has performed the days or hours of work referred to in 
     subparagraph (A) by producing sufficient evidence to show the 
     extent of that employment as a matter of just and reasonable 
     inference.
                                 ______
                                 
  SA 1498. Mr. CHAMBLISS 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 1064, line 15, strike ``5 years'' and insert ``7 
     years''.
                                 ______
                                 
  SA 1499. Mr. CHAMBLISS 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 1043, line 14, add after the period the following: 
     ``The Secretary shall ensure that those aliens residing 
     outside of the United States who are eligible to submit an 
     application are able to do so through the United States 
     Consulate in the alien's country of residence.''.
                                 ______
                                 
  SA 1500. Mr. CHAMBLISS 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 1064, strike line 22, and all that 
     follows through page 1065, line 8, and insert the following:
       ``(1) Qualifying employment.--Except as provided in 
     paragraph (3), during the 8-year period beginning on the date 
     of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act the alien 
     performed not less than 180 work days of agricultural 
     employment during each of 5 years.

[[Page S4834]]

                                 ______
                                 
  SA 1501. Mr. CHAMBLISS 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 1054, line 17, strike ``$100'' and insert ``$500''.
       On page 1067, line 6, strike ``$400'' and insert ``$500''.
                                 ______
                                 
  SA 1502. Mr. CHAMBLISS 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 1140, line 7, strike ``1 year'' and insert ``5 
     years''.
       On page 1140, strike lines 10 through 13.
       On page 1141, line 6, strike ``1 year'' and insert ``5 
     years''.
                                 ______
                                 
  SA 1503. Mr. KIRK (for himself, Mrs. Fischer, and Mr. Coons) 
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. __. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED 
                   ENGLISH AND CIVICS, GOOD MORAL CHARACTER, AND 
                   HONORABLE SERVICE AND DISCHARGE REQUIREMENTS 
                   FOR NATURALIZATION.

       (a) Immigration and Nationality Act.--The Immigration and 
     Nationality Act is amended by inserting after section 329A (8 
     U.S.C. 1440-1) the following new section:

     ``SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR 
                   ENGAGEMENT IN ACTIVE COMBAT OR ACTIVE 
                   PARTICIPATION IN COMBAT.

       ``(a) In General.--
       ``(1) In general.--For purposes of naturalization and 
     continuing citizenship under the following provisions of law, 
     a person who has received an award described in subsection 
     (b) shall be treated--
       ``(A) as having satisfied the requirements in sections 
     312(a), 316(a)(3), and subsections (b)(3), (c), and (e) of 
     section 328; and
       ``(B) except as provided in paragraph (2), under sections 
     328 and 329, as having served honorably in the Armed Forces 
     for (in the case of section 328) a period or periods 
     aggregating one year, and, if separated from such service, as 
     having been separated under honorable conditions.
       ``(2) Revocation.--Notwithstanding paragraph (1)(B), any 
     person who separated from the Armed Forces under other than 
     honorable conditions may be subject to revocation of 
     citizenship under section 328(f) or 329(c) if the other 
     requirements of such section are met.
       ``(b) Application.--This section shall apply with respect 
     to the following awards from the Armed Forces of the United 
     States:
       ``(1) The Combat Infantryman Badge from the Army.
       ``(2) The Combat Medical Badge from the Army.
       ``(3) The Combat Action Badge from the Army.
       ``(4) The Combat Action Ribbon from the Navy, the Marine 
     Corps, or the Coast Guard.
       ``(5) The Air Force Combat Action Medal.
       ``(6) Any other award that the Secretary of Defense 
     determines to be an equivalent award for engagement in active 
     combat or active participation in combat.''.
       (b) Clerical Amendment.--The table of contents of such Act 
     (8 U.S.C. 1101 et seq.) is amended by inserting after the 
     item relating to section 329A the following:

``Sec. 329B. Persons who have received an award for engagement in 
              active combat or active participation in combat.''.
                                 ______
                                 
  SA 1504. Ms. HIRONO (for herself, Mrs. Murray, Ms. Murkowski, Mrs. 
Boxer, Mrs. Gillibrand, Ms. Cantwell, Ms. Stabenow, Ms. Klobuchar, Ms. 
Warren, Ms. Baldwin, Ms. Mikulski, Ms. Landrieu, Mrs. Shaheen, 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 1145, strike line 10 and all that follows through 
     ``(9)'' on page 1155, line 15, and insert the following:

     SEC. 2301. MERIT-BASED POINTS TRACK ONE.

       (a) In General.--
       (1) Worldwide level of merit-based immigrants.--Section 
     201(e) (8 U.S.C. 1151(e)) is amended to read as follows:
       ``(e) Worldwide Level of Merit-based Immigrants.--
       ``(1) In general.--
       ``(A) Numerical limitation.--Subject to paragraphs (2), 
     (3), and (4), the worldwide level of merit-based immigrants 
     is equal to 150,000 for each fiscal year.
       ``(B) Status.--An alien admitted on the basis of a merit-
     based immigrant visa under this section shall have the status 
     of an alien lawfully admitted for permanent residence.
       ``(2) Annual increase.--
       ``(A) In general.--Subject to subparagraph (B) and 
     paragraph (3), if in any fiscal year the worldwide level of 
     visas available for merit-based immigrants under this 
     section--
       ``(i) is less than 75 percent of the number of applicants 
     for such fiscal year, the worldwide level shall increase by 5 
     percent for the next fiscal year; and
       ``(ii) is equal to or more than 75 percent of such number, 
     the worldwide level for the next fiscal year shall be the 
     same as the worldwide level for such fiscal year, minus any 
     amount added to the worldwide level for such fiscal year 
     under paragraph (4).
       ``(B) Limitation on increase.--The worldwide level of visas 
     available for merit-based immigrants shall not exceed 
     250,000.
       ``(3) Employment consideration.--The worldwide level of 
     visas available for merit-based immigrants may not be 
     increased for a fiscal year under paragraph (2) if the annual 
     average unemployment rate for the civilian labor force 18 
     years or over in the United States, as determined by the 
     Bureau of Labor Statistics, for such previous fiscal year is 
     more than 81/2 percent.
       ``(4) Recapture of unused visas.--The worldwide level of 
     merit-based immigrants described in paragraph (1) for a 
     fiscal year shall be increased by the difference (if any) 
     between the worldwide level established under paragraph (1) 
     for the previous fiscal year and the number of visas actually 
     issued under this subsection during that fiscal year. Such 
     visas shall be allocated for the following year pursuant to 
     section 203(c)(3).''.
       (2) Merit-based immigrants.--Section 203 (8 U.S.C. 1153) is 
     amended by inserting after subsection (b) the following:
       ``(c) Merit-based Immigrants.--
       ``(1) Fiscal years 1 through 4.--For the first 4 fiscal 
     years beginning after the date of enactment of the Border 
     Security, Economic Opportunity, and Immigration Modernization 
     Act, the worldwide level of merit-based immigrant visas made 
     available under section 201(e)(1) shall be available for 
     aliens described in section 203(b)(3) and in addition to any 
     visas available for such aliens under such section.
       ``(2) Subsequent fiscal years.--Beginning with the fifth 
     fiscal year beginning after the date of the enactment of the 
     Border Security, Economic Opportunity, and Immigration 
     Modernization Act, aliens subject to the worldwide level 
     specified in section 201(e) for merit-based immigrants shall 
     be allocated as follows:
       ``(A) 50 percent of the visas remaining after the 
     allocation under subparagraph (C) shall be available to 
     applicants with the highest number of points allocated under 
     tier 1 in paragraph (4).
       ``(B) 50 percent of the visas remaining after the 
     allocation under subparagraph (C) shall be available to 
     applicants with the highest number of points allocated under 
     tier 2 in paragraph (5).
       ``(C) 30,000 shall be available to applicants with the 
     highest number of points allocated under tier 3 in paragraph 
     (6).
       ``(3) Unused visas.--If the total number of visas allocated 
     under tier 1, tier 2, or tier 3 for a fiscal year are not 
     granted during that fiscal year, such number may be added to 
     the number of visas available under section 201(e)(1) for the 
     following fiscal year and allocated as follows:
       ``(A) If the unused visas were allocated for tier 1 in a 
     fiscal year, 2/3 of such visas shall be available for aliens 
     allocated visas under tier 1 in the following fiscal year and 
     1/3 of such visas shall be available for aliens allocated 
     visas under either tier 1 or tier 2 in the following fiscal 
     year.
       ``(B) If the unused visas were allocated for tier 2 in a 
     fiscal year, 2/3 of such visas shall be available for aliens 
     allocated visas under tier 2 in the following fiscal year and 
     1/3 of such visas shall be available for aliens allocated 
     visas under either tier 1 or tier 2 in the following fiscal 
     year.
       ``(4) Tier 1.--The Secretary shall allocate points to each 
     alien seeking to be a tier 1 merit-based immigrant as 
     follows:
       ``(A) Education.--
       ``(i) In general.--An alien may receive points under only 1 
     of the following categories:

       ``(I) An alien who has received a doctorate degree from an 
     institution of higher education in the United States or the 
     foreign equivalent shall be allocated 15 points.
       ``(II) An alien who has received a master's degree from an 
     institution of higher education in the United States or the 
     foreign equivalent shall be allocated 10 points.

       ``(ii) An alien who has received a bachelor's degree from 
     an institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)) shall be allocated 5 points.
       ``(B) Employment experience.--An alien shall be allocated 
     not more than 20 points as follows:
       ``(i) 3 points for each year the alien has been lawfully 
     employed in a zone 5 occupation in the United States.
       ``(ii) 2 points for each year the alien has been lawfully 
     employed in a zone 4 occupation in the United States.
       ``(C) Employment related to education.--An alien who is in 
     the United States and is employed full-time or has an offer 
     of full-time employment in a field related to the alien's 
     education--
       ``(i) in a zone 5 occupation shall be allocated 10 points; 
     or
       ``(ii) in a zone 4 occupation shall be allocated 8 points.
       ``(D) Entrepreneurship.--An alien who is an entrepreneur in 
     business that employs at least 2 employees in a zone 4 
     occupation or a zone 5 occupation shall be allocated 10 
     points.

[[Page S4835]]

       ``(E) High demand occupation.--An alien who is employed 
     full-time in the United States or has an offer of full-time 
     employment in a high demand tier 1 occupation shall be 
     allocated 10 points.
       ``(F) Civic involvement.--An alien who has attested that he 
     or she has engaged in a significant amount of community 
     service, as determined by the Secretary, shall be allocated 2 
     points.
       ``(G) English language.--An alien who received a score of 
     80 or more on the Test of English as a Foreign Language, or 
     an equivalent score on a similar test, as determined by the 
     Secretary, shall be allocated 10 points.
       ``(H) Siblings and married sons and daughters of 
     citizens.--An alien who is the sibling of a citizen of the 
     United States or who is over 31 years of age and is the 
     married son or married daughter of a citizen of the United 
     States shall be allocated 10 points.
       ``(I) Age.--An alien who is--
       ``(i) between 18 and 24 years of age shall be allocated 8 
     points;
       ``(ii) between 25 and 32 years of age shall be allocated 6 
     points; or
       ``(iii) between 33 and 37 years of age shall be allocated 4 
     points.
       ``(J) Country of origin.--An alien who is a national of a 
     country of which fewer than 50,000 nationals were lawfully 
     admitted to permanent residence in the United States in the 
     previous 5 years shall be allocated 5 points.
       ``(5) Tier 2.--The Secretary shall allocate points to each 
     alien seeking to be a tier 2 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 20 points.
       ``(B) Special employment criteria.--An alien who is 
     employed full-time in the United States, or has an offer of 
     full-time employment--
       ``(i) in a high demand tier 2 occupation shall be allocated 
     10 points; or
       ``(ii) in a zone 1, zone 2, or zone 3 occupation shall be 
     allocated 10 points.
       ``(C) Caregiver.--An alien who is or has been a primary 
     caregiver shall be allocated 10 points.
       ``(D) Exceptional employment record.--An alien who has a 
     record of exceptional employment, as determined by the 
     Secretary, shall be allocated 10 points. In determining a 
     record of exceptional employment, the Secretary shall 
     consider factors including promotions, longevity, changes in 
     occupations from a lower job zone to a higher job zone, 
     participated in safety training, and increases in pay.
       ``(E) Civic involvement.--An alien who has demonstrated 
     significant civic involvement shall be allocated 2 points.
       ``(F) English language.--
       ``(i) English proficiency.--An alien who has demonstrated 
     English proficiency, as determined by a standardized test 
     designated by the Secretary of Education, shall be allocated 
     10 points.
       ``(ii) English knowledge.--An alien who has demonstrated 
     English knowledge, as determined by a standardized test 
     designated by the Secretary of Education, shall be allocated 
     5 points.
       ``(G) Siblings and married sons and daughters of 
     citizens.--An alien who is the sibling of a citizen of the 
     United States or is over the age of 31 and is the married son 
     or married daughter of a citizen of the United States shall 
     be allocated 10 points.
       ``(H) Age.--An alien who is--
       ``(i) between 18 and 24 years of age shall be allocated 8 
     points;
       ``(ii) between 25 and 32 years of age shall be allocated 6 
     points; or
       ``(iii) between 33 and 37 years of age shall be allocated 4 
     points.
       ``(I) Country of origin.--An alien who is a national of a 
     country of which fewer than 50,000 nationals were lawfully 
     admitted to permanent residence in the United States in the 
     previous 5 years shall be allocated 5 points.
       ``(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) Fee.--An alien who is allocated a visa under this 
     subsection shall pay a fee of $1,500 in addition to any fee 
     assessed to cover the costs to process an application under 
     this subsection. Fees collected under this paragraph shall be 
     deposited by the Secretary into the Comprehensive Immigration 
     Reform Trust Fund established under section 6(a)(1) of the 
     Border Security, Economic Opportunity, and Immigration 
     Modernization Act.
       ``(8) Eligibility of aliens in registered provisional 
     immigrant status.--An alien who was granted registered 
     provisional immigrant status under section 245B is not 
     eligible to receive a merit-based immigrant visa under 
     section 201(e).
       ``(9) Ineligibility of aliens with pending or approved 
     petitions.--An alien who has a petition pending or approved 
     in another immigrant category under this section or section 
     201 may not apply for a merit-based immigrant visa.
       ``(10)
                                 ______
                                 
  SA 1505. 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 1355, line 10, insert before the period the 
     following ``, except that an individual who did not timely 
     contest a further action notice for good cause may be granted 
     review under this paragraph''.
                                 ______
                                 
  SA 1506. 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:
       After section 4105, insert the following:

     SEC. 4106. AMENDMENTS TO THE AMERICAN COMPETITIVENESS AND 
                   WORKFORCE IMPROVEMENT ACT OF 1998.

       Section 414(c) of the American Competitiveness and 
     Workforce Improvement Act of 1998 (29 U.S.C. 2916a)(as 
     contained in title IV of division C of Public Law 105-277; 
     112 Stat. 2681-653) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) Use of funds.--
       ``(A) Training provided.--Funds under this subsection may 
     be used to provide job training services and related 
     activities that are designed to assist workers (including 
     unemployed and employed workers) in gaining the skills, 
     competencies, and industry-recognized credentials needed to 
     obtain or upgrade career ladder employment positions in the 
     industries and economic sectors identified pursuant to 
     paragraph (4). Such job training services may include on-the-
     job training, customized training, and apprenticeships, as 
     well as training in the fields of science, technology 
     (including computer and information technology), engineering, 
     and mathematics.
       ``(B) Enhanced training programs and information.--In order 
     to facilitate the provision of job training services 
     described in subparagraph (A), funds under this subsection 
     may be used to--
       ``(i) assist in the development and implementation of model 
     activities such as developing appropriate curricula to build 
     core competencies;
       ``(ii) assist in obtaining industry-recognized credentials 
     and training workers;
       ``(iii) identify and disseminate career and skill 
     information, labor market information and guidance, and 
     information about training providers; and
       ``(iv) increase the integration of community and technical 
     higher education activities with activities of businesses and 
     the public workforce investment system to meet the training 
     needs for the industries and economic sectors identified 
     pursuant to paragraph (4), which may include the development 
     of partnerships by grantees with employers and employer 
     associations to provide work-based training opportunities.
       ``(C) Technical assistance and evaluation.--The Secretary 
     of Labor may reserve not more than 5 percent of the funds 
     available to carry out this subsection to provide technical 
     assistance and to evaluate projects.'';
       (2) in paragraph (6)(A)(i), by inserting ``, including 
     resources of employers and philanthropic organizations,'' 
     after ``provided under this subsection''; and
       (3) by striking paragraph (7) and inserting the following:
       ``(7) Performance accountability.--
       ``(A) Reports.--The Secretary of Labor shall require 
     grantees to report on the employment-related outcomes 
     obtained by

[[Page S4836]]

     workers receiving training under this subsection using 
     indicators of performance that are consistent with other 
     indicators used for employment and training programs 
     administered by the Secretary, such as entry into employment, 
     retention in employment, attainment of industry-recognized 
     credentials, and increases in earnings.
       ``(B) Evaluations.--The Secretary of Labor may require 
     grantees to participate in evaluations of projects carried 
     out under this subsection.
       ``(C) Reports and evaluations publicly available.--The 
     reports and evaluations described under this paragraph shall 
     be made available to the public through the appropriate one-
     stop service delivery systems and other means the Secretary 
     determines are appropriate.''.
                                 ______
                                 
  SA 1507. Mr. VITTER proposed an amendment to amendment SA 1183 
submitted by Mr. Leahy (for himself and Mr. Hatch) to the bill S. 744, 
to provide for comprehensive immigration reform and for other purposes; 
as follows:

       On page 945, between lines 20 and 21, insert the following:
       ``(III) an offense, unless the applicant demonstrates to 
     the Secretary, 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, that--
       ``(aa) is classified as a misdemeanor in the convicting 
     jurisdiction; and
       ``(bb) involved--
       ``(AA) domestic violence (as defined in section 40002(a) of 
     the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); 
     or
       ``(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));
                                 ______
                                 
  SA 1508. Mr. HELLER 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 897, line 11, insert after ``this Act.'' the 
     following: ``In allocating any new officers to international 
     land ports of entry and high volume international airports, 
     the primary goals shall be reducing average wait times of 
     commercial and passenger vehicles at international land ports 
     of entry and primary processing wait times at high volume 
     international airports by 50 percent by fiscal year 2104 and 
     screening all air passengers within 45 minutes under normal 
     operating conditions or 80 percent of passengers within 30 
     minutes by fiscal year 2016.''.
       On page 898, line 15, insert ``, for the purpose of 
     implementing subsection (a)'' before the period.
       On page 898, after line 22, add the following:
       (e) Report.--Prior to the hiring and training of additional 
     U.S. Customs and Border Protection officers under subsection 
     (a), the Secretary shall submit to Congress a report on 
     current wait times at land, air, and sea ports of entry, 
     officer staffing at land, air, and sea ports of entry and 
     projections for new officer allocation at land, air, and sea 
     ports of entry designed to implement subsection (a), 
     including the need to hire non-law enforcement personnel for 
     administrative duties.
                                 ______
                                 
  SA 1509. 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 1032, strike line 3 and all that follows 
     through ``Notwithstanding'' on page 1033, lines 6 and 7, and 
     insert the following:
       (a) Exemption From Hiring Rules.--Notwithstanding
                                 ______
                                 
  SA 1510. Mr. CHAMBLISS 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 1102, line 24, add ``and'' after the semicolon.
       On page 1103, strike lines 3 through 6, and insert the 
     following: ``recent 4-year period.''.
                                 ______
                                 
  SA 1511. Ms. KLOBUCHAR 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 1214, line 25, strike ``the United States,'' and 
     insert ``a State,''.
                                 ______
                                 
  SA 1512. Mr. BAUCUS (for himself and Mr. Tester) 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. PILOT PROGRAM TO DESIGNATE ADDITIONAL 24-HOUR 
                   COMMERCIAL PORTS OF ENTRY.

       (a) Establishment of Pilot Program.--The President shall 
     establish a pilot program under which the President shall--
       (1) pursuant to the Act of August 1, 1914 (38 Stat. 623, 
     chapter 223; 19 U.S.C. 2), designate certain land border 
     crossings as 24-hour commercial ports of entry in accordance 
     with subsections (b) and (c); and
       (2) ensure that each land border crossing designated as a 
     commercial port of entry under the pilot program has 
     sufficient resources--
       (A) to carry out the functions of a commercial port of 
     entry, including accepting entries of merchandise, collecting 
     duties, and enforcing the customs and trade laws of the 
     United States; and
       (B) to perform those functions 24 hours a day.
       (b) Designation.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall, after 
     considering the criteria set forth in subsection (c) and any 
     input provided by the public, designate not fewer than 2 and 
     not more than 6 land border crossings, equally divided 
     between land border crossings on the northern and southern 
     borders of the United States, as 24-hour commercial ports of 
     entry under the pilot program established under subsection 
     (a).
       (c) Criteria.--In designating a land border crossing as a 
     24-hour commercial port of entry under the pilot program 
     established under subsection (a), the President shall 
     consider the following:
       (1) The number of 24-hour commercial ports of entry already 
     located in the State in which the land border crossing is 
     located.
       (2) The costs associated with operating the land border 
     crossing as a 24-hour commercial port of entry, including 
     whether the Federal Government would be required to acquire 
     or lease additional land.
       (3) The positive economic impact of designating the land 
     border crossing as a 24-hour commercial port of entry on the 
     community in which the land border crossing is located.
       (4) Any commitment of resources by the government of Canada 
     or Mexico, as applicable, to a similar designation of a 
     corresponding foreign port of entry.
       (5) The support demonstrated by the government of the State 
     or locality in which the land border crossing is located, 
     including through infrastructure improvements, to facilitate 
     the operation of the land border crossing as a 24-hour 
     commercial port of entry.
       (d) Termination.--
       (1) Determination of economic benefit.--Not later than the 
     date that is 2 years after the date on which a land border 
     crossing designated as a 24-hour commercial port of entry 
     under the pilot program established under subsection (a) 
     becomes fully operational as a 24-hour commercial port of 
     entry, the President shall--
       (A) determine whether the operation of the land border 
     crossing as a port of entry 24 hours a day provides a net 
     economic benefit to the United States; and
       (B) submit to the Committee on Finance of the Senate and 
     Committee on Ways and Means of the House of Representatives a 
     report on that determination and the reasons for that 
     determination.
       (2) Termination.--If the President determines under 
     paragraph (1) that operating a land border crossing as a port 
     of entry 24 hours a day does not provide a net economic 
     benefit to the United States, the land border crossing shall 
     cease to operate as a port of entry 24 hours a day on the 
     date on which the President submits the report under 
     paragraph (1)(B).
       (e) Report.--Not later than 90 days before the President 
     makes a determination under subsection (d)(1) with respect to 
     a land border crossing designated as a 24-hour commercial 
     port of entry under the pilot program established under 
     subsection (a), the President shall submit to the Committee 
     on Finance of the Senate and Committee on Ways and Means of 
     the House of Representatives a report that provides--
       (1) a comparison of the vehicle traffic, the estimated 
     total volume of commercial merchandise entered, and the wait 
     times at the land border crossing--
       (A) during the 2-year period preceding the designation of 
     the land border crossing as a 24-hour commercial port of 
     entry; and
       (B) after the land border crossing becomes fully 
     operational as a 24-hour commercial port of entry;
       (2) a comparison of the total value of commercial 
     merchandise transported through the land border crossing--
       (A) during the 2-year period preceding the designation of 
     the land border crossing as a 24-hour commercial port of 
     entry; and
       (B) after the land border crossing becomes fully 
     operational as a 24-hour commercial port of entry; and
       (3) a comparison of wait times at other ports of entry in 
     the State in which the land border crossing is located--
       (A) during the 2-year period preceding the designation of 
     the land border crossing as a 24-hour commercial port of 
     entry; and
       (B) after the land border crossing becomes fully 
     operational as a 24-hour commercial port of entry.
                                 ______
                                 
  SA 1513. Mr. DONNELLY 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:


[[Page S4837]]


       On page 1646, strike lines 6 through 16 and insert the 
     following:
       (5) Job training and related activities.--
       (A) Allocation.--The Secretary of Education shall allocate 
     5 percent of the amounts deposited into the STEM Education 
     and Training Account to the Secretary of Labor for grants 
     awarded under section 414(c) of division C of the American 
     Competitiveness and Workforce Improvement Act of 1998 (29 
     U.S.C. 2916a) to provide job training and related activities 
     for workers, which may include providing such training and 
     activities for veterans and their spouses.
       (B) Application.--To be eligible to receive a grant under 
     that section 414(c) with amounts made available under this 
     section, an eligible entity shall submit an application to 
     the Secretary of Labor at such time, in such manner, and 
     containing such information as the Secretary may require, 
     including (for a grant involving a program leading to a 
     recognized postsecondary credential) information 
     demonstrating the quality of the program leading to the 
     credential.
       (C) Priority.--In awarding grants under that section 414(c) 
     with amounts made available under this section, the Secretary 
     of Labor shall give priority to funding programs that lead to 
     recognized postsecondary credentials that are aligned with 
     in-demand occupations or industries in the local area (as 
     defined in section 101 of the Workforce Investment Act of 
     1998 (29 U.S.C. 2801)) involved.
       (D) Definitions.--
       (i) Industry-recognized.--The term ``industry-recognized'', 
     used with respect to a credential, means a credential that--

       (I) is sought or accepted by employers within the industry 
     sector involved as recognized, preferred, or required for 
     recruitment, screening, hiring, or advancement;
       (II) may be endorsed by a trade or professional association 
     or organization, representing a significant part of the 
     industry sector; and
       (III) is a portable credential, meaning a credential that 
     is sought or accepted, by employers in multiple States, as 
     described in subclause (I).

       (ii) 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 subclauses (I) and (III) of clause (i) 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))).
                                 ______
                                 
  SA 1514. Ms. WARREN 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 972, line 10, strike ``section 245B(c)(13)'' and 
     insert ``paragraph (13) and individuals who have experienced 
     or would experience severe hardship, which shall be 
     determined based on criteria established by the Secretary''.
       On page 973, line 12, strike ``(iii)'' and insert the 
     following:
       (iii) Authority to limit penalties.--The Secretary, by 
     regulation, may--

       (I) limit the maximum penalties payable under clause (i) by 
     a family, including spouses and unmarried children younger 
     than 21 years of age; and
       (II) exempt defined classes of individuals, including 
     individuals described in paragraph (13) and individuals who 
     have experienced or would experience severe hardship, which 
     shall be determined based on criteria established by the 
     Secretary, from the payment of the penalty authorized under 
     clause (i).

       (iv)
       On page 997, line 23, strike the end quote and final period 
     and insert the following:
       ``(iv) Authority to limit penalties.--The Secretary, by 
     regulation, may--

       ``(I) limit the maximum penalties payable under clause (i) 
     by a family, including spouses and unmarried children younger 
     than 21 years of age; and
       ``(II) exempt individuals who have experienced or would 
     experience severe hardship, which shall be determined based 
     on criteria established by the Secretary, from the payment of 
     the penalty authorized under clause (i).''.

                                 ______
                                 
  SA 1515. 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:

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

     SEC. 4416. COMPETITIVE CHESS PLAYERS.

       Section 214(c)(4)(A) (8 U.S.C. 1184(c)(4)(A)) is amended--
       (1) in clause (i)--
       (A) in subclause (III), by striking ``or'' at the end;
       (B) in subclause (IV), by striking ``; and'' and inserting 
     ``; or''; and
       (C) by adding at the end the following new subclause:
       ``(V) is a professional or amateur chess player competing 
     in a chess competition; and''; and
       (2) in clause (ii)--
       (A) in subclause (I), by striking ``or'' at the end;
       (B) in subclause (II), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following new subclause:
       ``(III) in the case of an individual described in clause 
     (i)(V), in a specific competition.''.
                                 ______
                                 
  SA 1516. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1338, between lines 5 and 6, insert the following:
       ``(vi) Before hiring.--An employer may use the System to 
     confirm the identity and employment authorized status of any 
     individual before the individual is hired, recruited, or 
     referred if the individual consents to such verification. If 
     an employer receives a tentative nonconfirmation for such 
     individual, the employer shall comply with procedures 
     prescribed by the Secretary, including--

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

                                 ______
                                 
  SA 1517. 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 1328, strike line 9 and all that follows 
     through ``(I)'' on page 1330, line 15, and insert the 
     following:
       ``(D) General participation requirement for new 
     employees.--All employers in the United States shall 
     participate in the System, with respect to all employees 
     hired by such employers on or after the date that is 18 
     months after the date of the enactment of the Border 
     Security, Economic Opportunity, and Immigration Modernization 
     Act.
       ``(E)
                                 ______
                                 
  SA 1518. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1413, between lines 7 and 8, insert the following:
       (g) Information Sharing.--The Commissioner of Social 
     Security, the Secretary, and the Secretary of the Treasury 
     shall jointly establish a program to share information among 
     such agencies that may lead to the identification of 
     unauthorized aliens (as described in section 274A of the 
     Immigration and Nationality Act, as amended by subsection 
     (a)), including--
       (1) no-match letters; and
       (2) any information in the earnings suspense file.
                                 ______
                                 
  SA 1519. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1338, between lines 5 and 6, insert the following:
       ``(vi) Existing employees.--An employer that elects to 
     verify the employment eligibility of existing employees--

       ``(I) shall verify the employment eligibility of all such 
     employees not later than 10 days after notifying the 
     Secretary of such election;
       ``(II) may only verify all employees for whom a Form I-9 is 
     required; and
       ``(III) may not verify individuals who have already been 
     verified through the System.

                                 ______
                                 
  SA 1520. Mr. GRASSLEY (for himself and Mr. Wicker) 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 976, between lines 2 and 3, insert the following:
       ``(14) Disclosure of social security information.--
       ``(A) In general.--The Secretary may not grant registered 
     provisional immigrant status to an alien under this section 
     unless the alien fully discloses to the Secretary all the 
     names and Social Security account numbers that the alien has 
     ever used to obtain employment in the United States.
       ``(B) Revocation of granted status.--If the Secretary 
     determines that an alien previously granted registered 
     provisional immigrant status under this section has not 
     complied with the requirement in subparagraph (A), the 
     Secretary shall revoke the status of the alien as a 
     registered provisional immigrant.

[[Page S4838]]

       ``(C) Notification of rightful assignees.--The Secretary 
     may disclose information received from an alien pursuant to a 
     disclosure under subparagraph (A) to any Federal or State 
     agency authorized to collect such information in order to 
     enable such agency to notify each named individual or 
     rightful assignee of the Social Security account number 
     concerned of the alien's misuse of such name or number to 
     obtain employment.
                                 ______
                                 
  SA 1521. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1331, strike lines 9 through 13 and insert ``the 
     Secretary or other appropriate authority has reasonable cause 
     to believe that the employer is, or has been, engaged in a 
     material violation of this section.''.
                                 ______
                                 
  SA 1522. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1404, line 1, strike ``The'' and insert ``Beginning 
     on the date on which all employers are required to use the 
     System pursuant to subsection (d)(2), the''.
                                 ______
                                 
  SA 1523. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1307, strike lines 2 and 3 and insert ``States.''.
                                 ______
                                 
  SA 1524. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1330, line 18, strike ``may, in the Secretary's 
     discretion,'' and insert ``shall''.
       On page 1331, line 4, strike ``may'' and insert ``shall''.
                                 ______
                                 
  SA 1525. 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 994, beginning on line 14, strike ``until after the 
     Secretary'' and all that follows through line 20 and insert 
     the following: ``until after--
       ``(A) the Secretary of State certifies that immigrant visas 
     have become available for all approved petitions for 
     immigrant visas that were filed under sections 201 and 203 
     before the date of the enactment of the Border Security, 
     Economic Opportunity, and Immigration Modernization Act; and
       ``(B) the Inspector General of the Department of State has 
     prepared an audit of such certification.
                                 ______
                                 
  SA 1526. Ms. KLOBUCHAR (for herself, Mr. Coats, Ms. Landrieu, and Mr. 
Blunt) submitted an amendment intended to be proposed by her to the 
bill S. 744, to provide for comprehensive immigration reform and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 1226, line 3, strike ``Section'' and insert the 
     following:
       (a) In General.--Section
       On page 1226, after line 25, add the following:
       (b) Effect of Adoption Documentation.--
       (1) In general.--For purposes of all immigration laws of 
     the United States, the 2-year legal custody and joint 
     residence requirements set forth in section 101(b)(1)(E) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E)) 
     shall not apply if the documentation submitted on behalf of a 
     child includes--
       (A)(i) an adoption decree issued by a competent authority 
     (as such term is used in the Convention on Protection of 
     Children and Co-operation in Respect of Intercountry 
     Adoption, done at the Hague on May 29, 1993) of the child's 
     sending country; and
       (ii) evidence that the adoption was granted in compliance 
     with the Convention; or
       (B)(i) a custody or guardianship decree issued by a 
     competent authority of the child's sending country to the 
     adoptive parents;
       (ii) a final adoption decree, verifying that the adoption 
     of the child was later finalized outside the United States by 
     the adoptive parents; and
       (iii) evidence that the custody or guardianship was granted 
     in compliance with the Convention.
       (2) Applicability.--
       (A) Substantial compliance with hague convention.--
     Paragraph (1) shall not apply unless--
       (i) on the date on which the underlying adoption, custody, 
     or guardianship decree was issued by the child's sending 
     country, that country's adoption procedures complied with the 
     requirements of the Convention, as determined by the U.S. 
     Central Authority; and
       (ii) the competent authority of the child's country of 
     origin certified the adoption in accordance with Article 23 
     of the Convention.
       (B) Convention adoptions.--Paragraph (1) shall only apply 
     to Convention adoptions completed between 2 Convention 
     countries other than the United States.
                                 ______
                                 
  SA 1527. Mr. KING (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 1505, strike lines 11 through 13, and insert the 
     following:
       (1) Worker.--The term ``worker'' means an individual who is 
     the subject of foreign labor contracting activity and does 
     not include an exchange visitor (as defined in section 62.2 
     of title 22, Code of Federal Regulations, or any similar 
     successor regulation).
       At the end of title III, add the following:

 Subtitle I--Providing Tools to Exchange Visitors and Exchange Visitor 
 Sponsors to Protect Exchange Visitor Program Participants and Prevent 
                              Trafficking

     SEC. 3901. DEFINITIONS.

       (a) In General.--Except as otherwise provided by this 
     subtitle, the terms used in this subtitle shall have the same 
     meanings, respectively, as are given those terms in section 3 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 203), 
     except that the term ``employer'' shall also include a 
     prospective employer seeking to hire exchange visitors with 
     which the sponsor has a contractual relationship.
       (b) Other Definitions.--
       (1) Exchange visitor.--The term ``exchange visitor'' means 
     a foreign national who is inquiring about or applying to 
     participate in the exchange visitor program or who has 
     successfully applied and has completed or is completing an 
     exchange visitor programs not funded by the United States 
     Government as governed by sections 2.22, 62.24, 62.30, 62.31, 
     and 62.32 of title 22, Code of Federal Regulations.
       (2) Exchange visitor program.--The term ``exchange visitor 
     program'' means the international exchange program 
     administered by the Department of State to implement the 
     Mutual Educational and Cultural Exchange Act of 1961 (22 
     U.S.C. 2451 et seq.), by means of educational and cultural 
     programs.
       (3) Exchange visitor program recruitment activities.--The 
     term ``exchange visitor program recruitment activities'' 
     means activities related to recruiting, soliciting, 
     transferring, providing, obtaining, or facilitating 
     participation of individuals who reside outside the United 
     States in an exchange visitor program including when such 
     activity occurs wholly outside the United States.
       (4) Exchange visitor program sponsor; sponsor.--The term 
     ``exchange visitor program sponsor'' or ``sponsor'' means a 
     legal entity designated by the Secretary of State, in the 
     Secretary's discretion, to conduct an exchange visitor 
     program governed by sections 62.22, 62.24, 62.30, 62.31, and 
     62.32 of title 22, Code of Federal Regulations).
       (5) Foreign entity.--The term ``foreign entity'' means a 
     person contracted by a sponsor to engage in exchange visitor 
     program recruitment activities on the sponsor's behalf and 
     any subcontractors thereof.
       (6) Host entity.--The term ``host entity'' means ``host 
     organization'', ``primary or secondary accredited educational 
     institution'', ``camp facility'', ``host family'', or 
     ``employer/host employer'' as used in sections 62.22, 62.24, 
     62.30, 62.31, and 62.32 of title 22, Code of Federal 
     Regulations, respectively.
       (7) Regulations.--Any reference to any provision of 
     regulations shall include any successor provision addressing 
     the same subject matter.

     SEC. 3902. DISCLOSURE.

       (a) Requirement for Disclosure at Time of Exchange Visitor 
     Program Recruitment Activity.--Any person who engages in 
     exchange visitor program recruitment activity shall develop 
     certain information, previously approved by and on file with 
     the exchange visitor program sponsor, to be disclosed in 
     writing in English to the exchange visitor before the 
     exchange visitor pays fees described in section 3904, other 
     than refundable fees and a reasonable non-refundable deposit, 
     or otherwise detrimentally relies on information provided by 
     an exchange program sponsor or foreign entity. This 
     information shall be made available to the Secretary of 
     State, or an exchange visitor requesting his or her own file, 
     within 5 business days of request, consistent with program 
     regulations in part 62 of title 22, Code of Federal 
     Regulations. Not later than 18 months after the date of the 
     enactment of this Act, the Secretary of State shall, in 
     consultation with the Secretary of Labor, amend such 
     regulations to reflect the information to be disclosed, 
     including the following:
       (1) The identity and address of the exchange visitor 
     program sponsor, host entity, and any foreign entity with 
     authority to charge fees and costs under section 3904.
       (2) All assurances and terms and conditions of employment, 
     from the prospective host entity of the exchange visitor, 
     including place and period of employment, job duties, number 
     of work hours, wages and compensation, and any deductions 
     from wages and

[[Page S4839]]

     benefits, including deductions for housing and 
     transportation. Nothing in this paragraph shall be construed 
     to permit any charge, deduction, or expense prohibited by 
     this or any other law.
       (3) A copy of the prospective agreement between the 
     exchange visitor program sponsor, exchange visitor, and the 
     host entity.
       (4) Information regarding the terms and conditions of the 
     nonimmigrant status under which the exchange visitor is to be 
     admitted, and the period of stay in the United States allowed 
     for such nonimmigrant status.
       (5) A copy of the fee disclosure form as described in 
     section 3904(d) listing the mandatory and optional costs or 
     expenses to be charged to the exchange visitor.
       (6) The existence of any labor organizing effort, 
     collective bargaining agreement, labor contract, strike, 
     lockout, or other labor dispute at the host entity.
       (7) Whether and the extent to which exchange visitors will 
     be compensated through workers' compensation, private 
     insurance, or otherwise for injuries or death, including 
     work-related injuries and death, during the period of 
     employment.
       (8) A description of the sanctions the exchange visitor 
     program sponsor is currently subject to, if any, as imposed 
     by the Department of State.
       (9) A statement in a form specified by the Secretary of 
     State--
       (A) stating that in accordance with guidelines and 
     regulations promulgated by the Secretary --
       (i) the costs and fees charged by the exchange program 
     sponsor, foreign entity, and host entity do not exceed those 
     permitted by section 3904 and are legal under the laws of the 
     United States and the home country of the exchange visitor; 
     and
       (ii) the exchange visitor program sponsor, foreign entity, 
     or host entity may bear costs or fees not provided for in 
     section 3904, but that fees under that section cannot be 
     passed along to the exchange visitor.
       (10) Any education or training to be provided or required, 
     other than education or training provided in accordance with 
     section 62.10 (b) and (c) of title 22, Code of Federal 
     Regulations, as ``pre-arrival information'' or 
     ``orientation'' and additional orientation and training 
     requirements as described in each relevant category under 
     sections 62.22, 62.24, 62.30, 62.31, and 62.32 of that title.
       (11) A clear statement explaining that--
       (A) except as provided in subparagraph (B), no additional 
     significant requirements or significant changes may be made 
     to the original contract signed with a handwritten, 
     electronic, or digital pin code signature by the exchange 
     visitor without at least 24 hours to consider such changes 
     and the specific consent of the exchange visitor, obtained 
     voluntarily and without threat of penalty; and
       (B) changes may be made to the conditions of employment 
     contained in the original contract even if the exchange 
     visitor has not had 24 hours to consider such changes, 
     provided the exchange visitor has specifically consented to 
     the changes, voluntarily and without threat of penalty, and 
     such changes must be implemented without giving the exchange 
     visitor 24 hours to consider them in order to protect the 
     health or welfare of the exchange visitor.
       (b) Requirement for Rules.--The Secretary of State shall 
     define by rule or guidance what constitutes ``refundable 
     fees'' and a ``reasonable non-refundable deposit'' for the 
     purpose subsection (a).
       (c) Relationship to Labor and Employment Laws.--Nothing in 
     the disclosure required by subsection (a) shall constitute a 
     legal conclusion as to the exchange visitor's status or 
     rights under the labor and employment laws.
       (d) Prohibition on False and Misleading Information and 
     Certain Fees.--No exchange visitor program sponsor, foreign 
     entity, or host entity who engages in any exchange visitor 
     program activity shall knowingly provide materially false or 
     misleading information to any exchange visitor concerning any 
     matter required to be disclosed under subsection (a). 
     Charging fees for services not provided or assessing fees 
     that exceed the amounts established by the Secretary of State 
     pursuant to section 3904 is a violation of this section. The 
     disclosure required by this section is a document concerning 
     the proper administration of a matter within the jurisdiction 
     of a department or agency of the United States for the 
     purposes of section 1519 of title 18, United States Code, and 
     other provisions of such title.
       (e) Public Availability of Information.--The Secretary of 
     State shall amend its regulations at part 62 of title 22, 
     Code of Federal Regulations, to require sponsors to make 
     publicly available, including on their websites and in 
     recruiting materials, information regarding fees, costs, and 
     services associated with their exchange visitor programs, 
     including foreign entity names and contact points, and other 
     factors relevant to exchange visitors' choice of sponsor or 
     foreign entity.

     SEC. 3903. PROHIBITION ON DISCRIMINATION.

       (a) In General.--It shall be unlawful for an exchange 
     visitor program sponsor, foreign entity, or host entity to 
     fail or refuse to select, hire, discharge, intimidate, 
     threaten, restrain, coerce, or blacklist any individual or 
     otherwise discriminate against an individual with respect to 
     compensation, terms, conditions, or privileges of employment, 
     because of such individual's race, color, creed, sex, 
     national origin, religion, age, or disability.
       (b) Determinations of Discrimination.--For the purposes of 
     determining the existence of unlawful discrimination under 
     subsection (a)--
       (1) in the case of a claim of discrimination based on race, 
     color, sex, national origin, or religion, the same legal 
     standards shall apply as are applicable under title VII of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
       (2) in the case of a claim of discrimination based on age, 
     the same legal standards shall apply as are applicable under 
     the Age Discrimination in Employment Act of 1967 (29 U.S.C. 
     621 et seq.); and
       (3) in the case of a claim of discrimination based on 
     disability, the same legal standards shall apply as are 
     applicable under title I of the Americans With Disabilities 
     Act of 1990 as amended (42 U.S.C. 12111 et seq.).

     SEC. 3904. FEES.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Labor, shall promulgate 
     regulations to set limits on the mandatory fees charged by 
     exchange visitor program sponsors, host entities, and their 
     foreign entities to the exchange visitor. In promulgating 
     such regulations, the Secretary of State shall conduct public 
     meetings with exchange visitor program sponsors, 
     organizations representing exchange visitors, and members of 
     the public with expertise in public diplomacy, educational 
     and cultural exchange, labor markets, labor relations, 
     migration, civil rights, human rights, and prohibiting human 
     trafficking. The Secretary of State may, in the Secretary's 
     discretion, consider factors including what costs are within 
     the control of sponsors, differences among programs and 
     countries, level and amount of educational and cultural 
     activities included, and services rendered.
       (b) Maximum Fees.--It shall be unlawful for any person to 
     charge a fee higher than the maximum allowable fee as 
     established by regulations promulgated under subsection (a), 
     and any person who charges a higher fee shall be liable under 
     this subtitle. If a fee higher than the maximum is charged by 
     a sponsor or foreign entity, the sponsor shall be liable. If 
     a fee higher than the maximum allowable is charged by the 
     host entity or a host entity's agent, the host entity shall 
     be liable.
       (c) Update of Maximum Fees.--The Secretary of State shall 
     update the maximum allowable fees described in subsection (a) 
     in response to changing economic conditions and other factors 
     as needed.
       (d) Fee Transparency.--The Secretary of State shall amend 
     its regulations at part 62 of title 22, Code of Federal 
     Regulations, to require exchange visitor program sponsors 
     to--
       (1) provide the Department of State annually with an 
     itemized list of fees charged to exchange visitor program 
     participants including by their foreign entities, 
     subcontractors, or foreign entity's agents; and
       (2) require a 3-party document signed by the exchange 
     visitor, foreign entity, and sponsor that outlines a basic 
     level fee structure and itemizes mandatory and optional fees.

     SEC. 3905. ANNUAL NOTIFICATION.

       (a) Annual Exchange Visitor Program Sponsor Notification.--
       (1) In general.--Subject to paragraph (2), prior to 
     engaging in any exchange visitor program activity, any person 
     who seeks to be an exchange visitor program sponsor shall be 
     designated by the Secretary of State pursuant to regulations 
     that the Secretary of State has prescribed or shall prescribe 
     after the date of the enactment of this Act.
       (2) Notification.--Each exchange visitor program sponsor 
     shall notify the Secretary of State, not less frequently than 
     once every year, of the identity of any third party, agent, 
     or exchange visitor program sponsor employee involved in any 
     exchange visitor program recruitment activity for, or on 
     behalf of, the exchange visitor program sponsor.
       (3) Personal jurisdiction over foreign entities.--As a 
     condition of initial and continued registration, each program 
     sponsor shall obtain a written and signed agreement from any 
     foreign entity. In that agreement, the foreign entity shall 
     stipulate and agree, as a condition for receiving any payment 
     or compensation for performing any work or service for the 
     program sponsor, that the laws of the United States shall 
     govern any and all disputes among and between the parties or 
     the United States, including any enforcement actions, and 
     that any dispute or enforcement action shall be brought in 
     the United States District Court for the District of 
     Columbia. The agreement shall be in such form and contain 
     such other information as the Secretary of State shall 
     prescribe.
       (4) Noncompliance notification.--An host entity shall 
     notify the Secretary of State upon gaining knowledge of 
     noncompliance with this subtitle by an exchange visitor 
     program sponsor. An exchange visitor program sponsor shall 
     notify the Secretary of State upon gaining knowledge of 
     noncompliance with this subtitle by a host entity or foreign 
     entity.
       (b) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall amend 
     its regulations at part 62 of title 22, Code of Federal 
     Regulations, regarding the annual exchange visitor program 
     sponsor notification.

[[Page S4840]]

       (c) Refusal to Issue and Revocation of Designation.--The 
     Secretary of State shall amend its regulations at part 62 of 
     title 22, Code of Federal Regulations, to include the 
     following bases for refusing to issue or renew, or for 
     revoking a sponsor's designation for a period of not greater 
     than 5 years:
       (1) The applicant for, or holder of, the designation has 
     knowingly made a material misrepresentation in the 
     application for such designation.
       (2) The applicant for, or holder of, the designation has 
     committed any felony under State or Federal law or any crime 
     involving fraud, robbery, bribery, extortion, embezzlement, 
     grand larceny, burglary, arson, violation of narcotics laws, 
     murder, rape, trafficking in persons, assault with intent to 
     kill, assault which inflicts grievous bodily injury, 
     prostitution, peonage, or smuggling or harboring individuals 
     who have entered the United States illegally.
       (3) The applicant for, or holder of, the designation has 
     committed any crime relating to gambling, or to the sale, 
     distribution, or possession of alcoholic beverages, in 
     connection with or incident to any exchange visitor 
     recruitment activities.
       (4) Such other criteria as the Secretary of State may, in 
     the Secretary's discretion, establish.

     SEC. 3906. BONDING REQUIREMENT.

       (a) In General.--The Secretary of State may assess a bond 
     amount sufficient to ensure the ability of a sponsor to 
     discharge its responsibilities and to ensure protection of 
     exchange visitors, including wages or stipends. In requiring 
     a sponsor to post the bond, the Secretary of State shall take 
     into account the degree to which the sponsor's assets can be 
     reached by United States courts.
       (b) Regulations.--The Secretary of State, by regulation, 
     shall establish the conditions under which the bond amount is 
     determined, paid, and forfeited, which shall include the 
     sponsor's history of compliance.
       (c) Relationship to Other Remedies.--The bond requirements 
     and forfeiture of the bond under this section shall be in 
     addition to or, pursuant to court order, in conjunction with, 
     other remedies under 3910 or any other provision of law.

     SEC. 3907. MAINTENANCE OF LISTS.

       (a) In General.--The Secretary of State shall work with the 
     Secretary of Homeland Security to ensure that the information 
     described in paragraphs (1) through (4) of subsection (b) is 
     included on the foreign entity list kept and updated pursuant 
     to section 3607 and shall share that list with the Department 
     of Labor.
       (b) Information.--Not later than 1 year after the date of 
     the enactment of this Act, each sponsor shall compile and 
     share with the Secretary of State on a regular basis a list 
     that includes the following information:
       (1) The countries from which the sponsor recruits.
       (2) The host entities for whom the sponsor recruits.
       (3) The occupations for which the sponsor recruits.
       (4) The States where recruited exchange visitors are 
     employed.
       (c) Limitation on Public Availability.--Neither the 
     Secretary of State nor the Secretary of Homeland Security 
     shall make the information described in paragraphs (1) 
     through (4) of subsection (b) public as part of the list 
     described in section 3607.

     SEC. 3908. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

       Section 214 (8 U.S.C. 1184), as amended by title IV, is 
     further amended by adding at the end the following:
       ``(bb) A visa shall not be issued under section 101(a)(15) 
     until the consular officer--
       ``(1) has confirmed that the applicant has received, read, 
     and understood the information and resources pamphlet 
     required by section 202 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1375b); and
       ``(2) has reviewed and made a part of the visa file the 
     exchange visitor program sponsor disclosures required by 
     section 3902 of the Border Security, Economic Opportunity, 
     and Immigration Modernization Act, including whether the 
     exchange visitor program sponsor is designated pursuant to 
     that section.''.

     SEC. 3909. RESPONSIBILITIES OF SECRETARY OF STATE.

       (a) In General.--The Secretary of State shall ensure that 
     each United States diplomatic mission has a person who is 
     responsible for receiving information from any exchange 
     visitor who has been subject to violations of this subtitle.
       (b) Provision of Information.--The responsible person 
     referred to in subsection (a) shall ensure that the 
     information received is provided to the Department of State. 
     The Department of State may share that information as 
     necessary with the Department of Justice, the Department of 
     Labor, and any other relevant Federal agency.
       (c) Mechanisms.--The Attorney General and the Secretary of 
     State shall ensure that there is a mechanism for any actions 
     that need to be taken in response to information received 
     under subsection (a).
       (d) Assistance From Foreign Government.--The person 
     designated for receiving information pursuant to subsection 
     (a) is strongly encouraged to coordinate with governments and 
     civil society organizations in the countries of origin to 
     ensure the exchange visitor receives additional support.
       (e) Maintenance and Availability of Information.--The 
     Secretary of State shall ensure that consulates coordinate 
     with the Department of State to have access to information 
     regarding the identities of sponsors and the foreign entities 
     with whom sponsors contract for exchange visitor program 
     recruitment activities. The Secretary of State shall ensure 
     information on the identity of sponsors is publicly available 
     in written form on the Department of State website, and 
     information on the identity of foreign entities in each 
     individual country is publicly available on the websites of 
     United States embassies in each of those countries.

     SEC. 3910. ENFORCEMENT PROVISIONS.

       (a) Investigations.--The Secretary of State shall undertake 
     compliance actions and sanctions against exchange visitor 
     program sponsors in accordance with part 62 of title 22, Code 
     of Federal Regulations.
       (b) Representation.--Except as provided in section 518(a) 
     of title 28, United States Code, the Attorney General may 
     appear for and represent the Secretary in any civil 
     litigation brought under this paragraph. All such litigation 
     shall be subject to the direction and control of the Attorney 
     General. Exchange visitor sponsors shall be allowed a 
     reasonable period of inquiry and response before civil 
     litigation is initiated.
       (c) Enforcement.--The Secretary of State or an exchange 
     visitor who is subject to any violation of this subtitle may 
     bring a civil action against an exchange visitor program 
     sponsor, foreign entity, or host entity in a court of 
     competent jurisdiction and recover appropriate relief, 
     including injunctive relief, damages, reasonable attorneys' 
     fees and costs, and any other remedy that would effectuate 
     the purposes of this subtitle. Any action must be filed 
     within 3 years after the date on which the exchange visitor 
     became aware of the violation, but under no circumstances 
     more than 5 years after the date on which the violation 
     occurred.
       (d) Actions by the Secretary of State or an Exchange 
     Visitor.--If the court finds in a civil action filed under 
     this section that the defendant has violated any provision of 
     this subtitle (or any regulation issued pursuant to this 
     subtitle), the court may award damages, up to and including 
     an amount equal to the amount of actual damages, and 
     statutory damages of up to $1,000 per plaintiff per 
     violation, or other equitable relief, except that with 
     respect to statutory damages--
       (1) multiple infractions of a single provision of this 
     subtitle (or of a regulation under this subtitle) shall 
     constitute only 1 violation for purposes of section 3902(a) 
     to determine the amount of statutory damages due a plaintiff; 
     and
       (2) if such complaint is certified as a class action the 
     court may award--
       (A) damages up to an amount equal to the amount of actual 
     damages; and
       (B) statutory damages of not more than the lesser of up to 
     $1,000 per class member per violation, or up to $500,000;
       (C) other equitable relief;
       (D) reasonable attorneys' fees and costs; and
       (E) such other and further relief, including declaratory 
     and injunctive relief, as necessary to effectuate the 
     purposes of this subtitle.
       (e) Bond.--To satisfy the damages, fees, and costs found 
     owing under this section, as much of the bond held pursuant 
     to section 3906 shall be released as necessary.
       (f) Appeal.--Any civil action brought under this section 
     shall be subject to appeal as provided in chapter 83 of title 
     28, United States Code.
       (g) Safe Harbor.--A host entity shall not have any 
     liability under this section for the actions or omissions of 
     an exchange visitor program sponsor that has a valid 
     designation with the State Department pursuant to section 
     3905, unless and to the extent that the host entity has 
     engaged in conduct that violates this subtitle.
       (h) Liability for Foreign Entities.--Exchange visitor 
     program sponsors shall be liable for violations of this 
     subtitle by any foreign employees, agents, foreign entities, 
     or subcontractees of any level in relation to the exchange 
     visitor program recruitment activities of the foreign 
     employees, agents, foreign entities, or subcontractees to the 
     same extent as if the exchange visitor program sponsor had 
     committed the violation, unless the exchange visitor program 
     sponsor--
       (1) uses reasonable procedures to protect against 
     violations of this subtitle by foreign employees, agents, 
     foreign entities, or subcontractees (including contractually 
     forbidding in writing any foreign employees, agents, foreign 
     entities, or subcontractees from seeking or receiving 
     prohibited fees from workers);
       (2) does not act with reckless disregard of the fact that 
     foreign employees, agents, foreign entities, or 
     subcontractees have violated any provision of this subtitle; 
     and
       (3) timely reports any potential violations to the 
     Secretary of State.
       (i) Waiver of Rights.--Agreements between exchange visitors 
     with sponsors, foreign entities, or host entities purporting 
     to waive or to modify their rights under this subtitle shall 
     be void as contrary to public policy.
       (j) Retaliation.--No person shall intimidate, threaten, 
     restrain, coerce, discharge, or in any other manner 
     discriminate or retaliate against any exchange visitor or his 
     or her family members (including a former exchange visitor or 
     an applicant for employment) because such exchange visitor 
     disclosed information to any person that the exchange visitor 
     reasonably believes evidences a violation of this section (or 
     any rule

[[Page S4841]]

     or regulation pertaining to this section), including speaking 
     with a worker organization, seeking legal assistance of 
     counsel, or cooperating with an investigation or other 
     proceeding concerning compliance with this section (or any 
     regulation pertaining to this section).
       (k) Prohibition on Retaliation.--It shall be unlawful for 
     an exchange visitor program sponsor or foreign entity to 
     terminate or remove from the exchange visitor program, ban 
     from the program, adversely annotate an exchange visitor's 
     SEVIS (as defined in section 4902) record, fire, demote, take 
     other adverse employment action, or evict, or to threaten to 
     take any of such actions against an exchange visitor in 
     retaliation for the act of complaining about program 
     conditions, including housing and job placements, wages, 
     hours, and general treatment, or for disclosing retaliation 
     by an exchange visitor sponsor, exchange visitor foreign 
     entity, or host entity against any exchange visitor.
       (l) Presence During Pendency of Actions.--If other 
     immigration relief is not available to the exchange visitor, 
     the Secretary of Homeland Security may permit, only on the 
     basis of proof, the exchange visitor to remain lawfully in 
     the United States for the time sufficient to allow the 
     exchange visitor to fully and effectively participate in all 
     legal proceedings related to any action taken pursuant to 
     this section.
       (m) Access to Legal Services Corporation.--Notwithstanding 
     any other provision of law, the Legal Services Corporation 
     and recipients of its funding may provide legal assistance on 
     behalf of any alien with respect to any provision of this 
     subtitle.
       (n) Host Entity Violations.--The Secretary, in consultation 
     with the Secretary of Labor, shall maintain a list of host 
     entities against whom there has been a complaint 
     substantiated by the Department of State for significant 
     program violations. Information from that list shall be made 
     available to sponsors upon request.

     SEC. 3911. AUDITS AND TRANSPARENCY.

       (a) Compliance Audits.--
       (1) In general.--The Secretary of State shall by regulation 
     require audit reports to be filed by exchange visitor program 
     sponsors operating under the following specific program 
     categories, as described under subpart B of part 62 of title 
     22, Code of Federal Regulations, and any successor 
     regulations:
       (A) Summer work travel.
       (B) Trainees and interns.
       (C) Camp counselors.
       (D) Au pairs.
       (E) Teachers.
       (2) Audit reports.--Audit reports shall be filed with the 
     Department of State and be conducted by a certified public 
     accountant, pursuant to a format designated by the Secretary 
     of State, attesting to the sponsor's compliance with the 
     regulatory and reporting requirements set forth in part 62 of 
     title 22, Code of Federal Regulations. The report shall be 
     conducted at the expense of the sponsor and no more 
     frequently than on a biannual basis.
       (b) Annual Report.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to Congress a report on the 
     exchange visitor program, which shall detail for each 
     specific program category--
       (1) summary data on the number of exchange visitors and 
     countries participating in that category;
       (2) public diplomacy outcomes; and
       (3) recent sanctions imposed by the Department of State.
                                 ______
                                 
  SA 1528. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 4106. PRECERTIFICATION PROCEDURES FOR EMPLOYERS.

       Section 214(c) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)), as amended by section 4103(a), is further 
     amended by adding at the end the following new paragraph:
       ``(16)(A) Precertification procedures for employers.--Not 
     later than 180 days after the date of the enactment of the 
     Border Security, Economic Opportunity, and Immigration 
     Modernization Act, the Secretary of Homeland Security shall 
     establish and implement a precertification procedure for 
     employers who file multiple petitions described in this 
     subsection or section 203(b). Such precertification procedure 
     shall enable an employer to avoid repeatedly submitting 
     documentation that is common to multiple petitions and 
     establish criteria relating to the employer and the offered 
     employment opportunity through a single filing.
       ``(B) Fees.--(i) The Secretary shall impose a fee on each 
     employer that uses the precertification procedure under 
     subparagraph (A).
       ``(ii) In determining the amount of the fee to be imposed 
     under clause (i), the Secretary shall establish a lower rate 
     for small business concerns (as defined by section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a))).
       ``(iii) Fees collected under this subparagraph shall be 
     available to reimburse the Secretary for the costs of the 
     precertification procedure.''.
                                 ______
                                 
  SA 1529. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1566, between lines 4 and 5, insert the following:
       (3) Notario fraud.--The term ``notario fraud'' means 
     immigration service providers engaging in fraudulent conduct 
     or willful misrepresentation of the provider's legal 
     authority to provide representation to immigrant clientele 
     and in Federal immigration proceedings.
       (d) Combating Notario Fraud Grant Program.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Attorney General shall 
     establish a program, to be known as the ``Combating Notario 
     Fraud Grant Program'', under which the Attorney General shall 
     award incentive grants to eligible entities to support the 
     adoption of dual scheme of State criminal laws and Board of 
     Law Examiners authorization to combat notario fraud.
       (2) Eligible entities.--In this subsection, an ``eligible 
     entity'' is--
       (A) a State; or
       (B) a regional partnership.
       (3) Maximum amount.--An incentive grant awarded by the 
     Attorney General may not exceed $25,000,000.
       (4) Application.--
       (A) In general.--An eligible entity seeking an incentive 
     grant under this subsection shall submit an application to 
     the Attorney General at such time, in such form, and in such 
     manner as the Attorney General may require.
       (B) Contents.--Each application submitted under 
     subparagraph (A) shall include--
       (i) the current enforcement scheme to combat notario fraud 
     under the laws of the State or States represented by the 
     eligible entity;
       (ii) the additional changes to the criminal laws of the 
     State, the State Board of Law Examiners authority, and 
     staffing levels to better address notario fraud in the State 
     or States represented by the eligible entity; and
       (iii) such other information as the Attorney General 
     considers appropriate.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
                                 ______
                                 
  SA 1530. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

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

     SEC. 5001. DEVELOPMENT OF ASSESSMENT AND STRATEGY ADDRESSING 
                   FACTORS DRIVING MIGRATION.

       (a) Development of Assessment.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on migration 
     to the United States from the countries specified in 
     paragraph (2) that includes--
       (A) a baseline assessment of the primary factors driving 
     migration from those countries;
       (B) an assessment of the impact of United States foreign 
     assistance, trade, and foreign policy on migration trends in 
     those countries; and
       (C) an assessment of ongoing migrant protection issues and 
     measures to address humanitarian and safety concerns in 
     current migration flows, particularly such measures taken by 
     the United States, the Government of Mexico, and the 
     governments of countries in Central America to address such 
     issues in Mexico and on the Southern border of the United 
     States.
       (2) Countries specified.--The countries specified in this 
     paragraph are the 10 countries determined by the Comptroller 
     Genera to have the highest rates of irregular migration to 
     the United States.
       (3) Consultations.--In preparing the report required by 
     paragraph (1), the Comptroller General may consult with civil 
     society organizations in the United States and the countries 
     specified in paragraph (2).
       (b) Strategy to Address Factors Driving Immigration.--
       (1) In general.--The Secretary of State, working with the 
     Administrator of the United States Agency for International 
     Development, and in consultation with the entities specified 
     in paragraph (2), shall submit to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives a strategy for addressing the 
     economic, social, and security factors driving high rates of 
     irregular migration from the countries specified in 
     subsection (a)(2).
       (2) Entities specified.--The entities specified in this 
     paragraph are the following:
       (A) The Millennium Challenge Corporation.
       (B) The Bureau of Population, Refugees, and Migration of 
     the Department of State.
       (C) The Department of Homeland Security.
       (D) The Department of Labor.
       (E) The Department of Agriculture.
       (F) The Office of the United States Trade Representative.
       (G) Civil society organizations in the United States.

[[Page S4842]]

       (H) Civil society organizations in the countries specified 
     in subsection (a)(2).
       (3) Elements of strategy.--The strategy required paragraph 
     (1) shall include--
       (A) a summary and evaluation of current assistance provided 
     by the United States to the countries specified in subsection 
     (a)(2);
       (B) an identification of the regions and municipalities in 
     those countries experiencing the highest emigration rates and 
     the current level of United States assistance or investment 
     in those regions and municipalities; and
       (C) recommendations for future United States Government 
     assistance and technical support to address key economic, 
     social, and development factors identified in those countries 
     that are designed to ensure appropriate engagement of 
     national and local governments and civil society 
     organizations.

     SEC. 5002. PRIORITIZATION OF MIGRATION SOURCE COUNTRIES BY 
                   THE UNITED STATES AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT.

       (a) In General.--The Administrator of the United States 
     Agency for International Development (in this section 
     referred to as the ``Administrator'') shall coordinate with 
     relevant agencies of the United States and agencies of the 
     countries specified in section 5001(a)(2) to promote public 
     policies that prioritize inclusive growth, poverty reduction, 
     and sustainable alternatives to emigration.
       (b) Migration and Development Programming.--The 
     Administrator shall provide migration and development 
     programming to assist communities and economic sectors in the 
     countries specified in section 5001(a)(2), including 
     communities--
       (1) that currently experience, or are projected to soon 
     experience, high rates of population loss due to 
     international migration to the United States;
       (2) experiencing or at high risk of trafficking in persons;
       (3) that are receiving high rates of returned or deported 
     migrants from the United States;
       (4) affected by destabilizing levels of generalized 
     violence, or violence associated with gangs, drug 
     trafficking, or other criminal activity; and
       (5) that currently have developed partnerships with migrant 
     associations and federations based in the United States.
       (c) Targeted Assistance.--The Secretary of State and the 
     Administrator shall work with the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate 
     and the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives to increase, 
     beginning in fiscal year 2014, financial assistance to the 
     communities described in subsection (b) with the goal of--
       (1) alleviating rural poverty and revitalizing agricultural 
     production by supporting public and private investment in 
     comprehensive rural development strategies, which should 
     include--
       (A) strengthening the quality and sustainability of rural 
     extension services;
       (B) expansion of agro-enterprise and agricultural value 
     chain initiatives;
       (C) investment in farm-to-market roads and storage 
     facilities for small farmers and cooperatives; and
       (D) assistance to protect the environment, promote safe and 
     sustainable natural resource development, strengthen climate 
     change adaptation, and expand access to credit and micro-
     finance opportunities for small farmers;
       (2) fully funding micro-finance and micro-enterprise 
     initiatives, ensuring mechanisms for access to rural credit 
     and micro-insurance, and targeting available funding to 
     traditionally marginalized groups and at risk populations, 
     particularly youth and indigenous populations;
       (3) promoting public-private partnerships for income 
     generation, employment, and violence reduction, and 
     prioritizing urban youth;
       (4) incorporating mechanisms to adapt and expand financial 
     (savings and credit) and non-financial (property and 
     livelihood insurance) opportunities for vulnerable families 
     in disaster risk reduction and recovery strategies; and
       (5) increasing public-private diaspora partnerships for 
     development in the Western Hemisphere, through the United 
     States Agency for International Development's Global 
     Development Alliance model and multilateral initiatives.

     SEC. 5003. SENSE OF CONGRESS ON INCREASED UNITED STATES 
                   FOREIGN POLICY COHERENCE IN THE WESTERN 
                   HEMISPHERE.

       (a) Findings.--Congress makes the following findings:
       (1) More than 80 percent of the current unauthorized 
     immigration to the United States originates in Latin America, 
     primarily in Mexico and Central America.
       (2) Mexico and Central America have made strides in 
     economic growth in recent years, but the majority of their 
     populations, particularly in the rural sector, live in 
     poverty, a factor that continues to drive emigration.
       (3) The Mexico and Central America migration corridor 
     maintains strong historic and current ties to the United 
     States through trade and economic integration, labor flows, 
     and geographic proximity, and will require particular 
     bilateral and multilateral efforts to address shared concerns 
     and promote shared opportunities.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of State should review United States foreign 
     policy toward Latin America in order to strengthen 
     hemispheric security through the reduction of poverty and 
     inequality, expansion of equitable trade, and support for 
     democratic institutions, citizen security, and the rule of 
     law, as essential elements of a consolidated and well-managed 
     regional migration policy.
                                 ______
                                 
  SA 1531. 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. __. REPORT BY THE CHIEF ACTUARY OF THE CENTERS FOR 
                   MEDICARE & MEDICAID SERVICES ON ANY INCREASED 
                   COSTS TO THE MEDICARE PROGRAM THAT WILL RESULT 
                   FROM THE PROVISIONS OF, AND THE AMENDMENTS MADE 
                   BY, THIS ACT.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Chief Actuary of the Centers 
     for Medicare & Medicaid Services shall submit to Congress a 
     report on any increased costs to the Medicare program under 
     title XVIII of the Social Security Act that will result from 
     the provisions of, and the amendments made by, this Act 
     (including regulations to carry out such provisions and 
     amendments).
       (b) Contents.--
       (1) In general.--The report under subsection (a) shall 
     include--
       (A) an estimate by the Chief Actuary of any increased costs 
     to the Medicare program that will result from such provisions 
     and amendments during--
       (i) the 10-year period that begins on the date that is 10 
     years after the date of the enactment of this Act; and
       (ii) the 75-year period that begins on such date of 
     enactment; and
       (B) any other items determined appropriate by the 
     Secretary.
       (2) Requirement.--The estimates under paragraph (1)(A) 
     shall include the total impact on the Medicare program 
     (dedicated revenues less expenditures), including the impact 
     of individuals made newly-eligible for benefits under the 
     Medicare program by reason of such provisions and amendments.
                                 ______
                                 
  SA 1532. Ms. WARREN 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 1197, strike lines 8 through 10, and insert the 
     following:
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first fiscal year 
     beginning after the date of the enactment of this Act.
       On page 1204, strike lines 4 through 11, and insert the 
     following:

       ``(II)(aa) has an offer of employment from a United States 
     employer in a field related to such degree; or
       ``(bb) in the case of an immigrant who is qualified under 
     subclause (III)(bb), is employed by a United States employer 
     in a field related to such degree; and
       ``(III) earned the qualifying graduate degree--

       ``(aa) during the 5-year period immediately before the 
     initial filing date of the petition under which the immigrant 
     is a beneficiary; or
       ``(bb) in the case of an immigrant who has been lawfully 
     employed by a United States employer in each year since 
     earning the qualifying degree, during the 10-year period 
     immediately before the initial filing date of the petition 
     under which the immigrant is a beneficiary; and
       Beginning on page 1707, strike line 12 and all that follows 
     through page 1708, line 6, and insert the following:
       (b) Immigration Documents.--Section 204 (8 U.S.C. 1154) is 
     amended by adding at the end the following:
       ``(m) Employer to Provide Immigration Paperwork Exchanged 
     With Federal Agencies.--
       ``(1) In general.--An employer shall provide an employee or 
     beneficiary of an application filed under section 212(n)(1) 
     who is seeking immigrant status under section 203(b) or 
     nonimmigrant status under subparagraph (H)(i)(b) or (L) of 
     section 101(a)(15) with a copy of the original of all 
     applications and petitions filed by the employer with the 
     Department of Labor or the Department of Homeland Security 
     for the employee or beneficiary and with a copy of the 
     original of all approval and denial notices received by 
     employer in response to such applications or petitions--
       ``(A) not later than 30 days after filing or receiving the 
     communications; or
       ``(B) in the case of applications pending on, or approved 
     before, the date of the enactment of the Border Security, 
     Economic Opportunity, and Immigration Modernization Act, not 
     later than 90 days after receiving a written request from the 
     employee or beneficiary.
       ``(2) Withholding of financial or proprietary 
     information.--If a document required to be provided to an 
     employee or beneficiary under paragraph (1) includes any 
     financial or propriety information of the employer or 
     confidential information of any other employee, including 
     salary information, the employer may redact such information 
     from the copies provided to such employee or beneficiary.''.

[[Page S4843]]

       On page 1712, strike lines 14 through 17, and insert the 
     following:
       (2) by striking ``A petition'' and all that follows through 
     the end and inserting the following:
       ``(1) Long delayed applicants for adjustment of status.--A 
     petition under subsection (a)(1)(F) for an individual whose 
     immigrant petition is approved and whose application for 
     adjustment of status pursuant to section 245 has been filed 
     and remained unadjudicated for 180 days or more shall remain 
     valid with respect to a new job if the individual changes 
     jobs or employers if the new job is in a related area or 
     field for which the petition was filed.''; and
       On page 1713, beginning on line 3, strike ``the same or a 
     similar occupational classification'' and insert ``a related 
     area or field''.
       On page 1713, beginning on line 13, strike ``the same or 
     similar occupation'' and insert ``a related area or field''.
       On page 1713, between lines 20 and 21, insert the 
     following:
       (b) Inadmissibility Criteria.--Section 212(a)(5)(A) (8 
     U.S.C. 1182(a)(5)(A)) is amended by striking clause (iv) and 
     inserting the following:
       ``(iv) Long delayed adjustment applicants.--A certification 
     made under clause (i) with respect to an individual whose 
     petition is covered by section 204(j) shall remain valid with 
     respect to a new job accepted by the individual after the 
     individual changes jobs or employers if the new job is in an 
     area or field that is related to the job for which the 
     certification was issued.''.
                                 ______
                                 
  SA 1533. Ms. WARREN 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. __. DETERMINATIONS UNDER THE HAITIAN REFUGEE IMMIGRATION 
                   FAIRNESS ACT OF 1998.

       (a) In General.--Section 902(d) of the Haitian Refugee 
     Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is 
     amended by adding at the end the following:
       ``(3) Determinations with respect to children.--
       ``(A) Use of application filing date.--Determinations made 
     under this subsection as to whether an individual is a child 
     of a parent shall be made using the age and marital status of 
     the individual on October 21, 1998.
       ``(B) Application submission by parent.--Notwithstanding 
     paragraph (1)(C), an application under this subsection filed 
     based on status as a child may be filed for the benefit of 
     such child by a parent or guardian of the child, if the child 
     is physically present in the United States on such filing 
     date.''.
       (b) New Applications and Motions to Reopen.--
       (1) New applications.--Notwithstanding section 902(a)(1)(A) 
     of the Haitian Refugee Immigration Fairness Act of 1998, an 
     alien who is eligible for adjustment of status under such Act 
     may submit an application for adjustment of status under such 
     Act not later than the later of--
       (A) 2 years after the date of the enactment of this Act; or
       (B) 1 year after the date on which final regulations are 
     promulgated to implement this section and the amendment made 
     by subsection (a).
       (2) Motions to reopen.--The Secretary shall establish 
     procedures for the reopening and reconsideration of 
     applications for adjustment of status under the Haitian 
     Refugee Immigration Fairness Act of 1998 that are affected by 
     the amendment made by subsection (a).
       (3) Relationship of application to certain orders.--Section 
     902(a)(3) of the Haitian Refugee Immigration Fairness Act of 
     1998 shall apply to an alien present in the United States who 
     has been ordered excluded, deported, removed, or ordered to 
     depart voluntarily, and who files an application under 
     paragraph (1) or a motion under paragraph (2), in the same 
     manner as such section 902(a)(3) applied to aliens filing 
     applications for adjustment of status under such Act prior to 
     April 1, 2000.
       (c) Inadmissibility Determination.--Section 902 of the 
     Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 
     1255 note) is amended--
       (1) in subsection (a)(1)(B), by inserting ``(6)(C)(i),'' 
     after ``(6)(A),''; and
       (2) in subsection (d)(1)(D), by inserting ``(6)(C)(i),'' 
     after ``(6)(A),''.
                                 ______
                                 
  SA 1534. Mr. WARNER (for himself, Ms. Mikulski, Mr. Wicker, Mr. 
Kaine, and Ms. Murkowski) 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 1787, between lines 10 and 11, and insert the 
     following:
       ``(3) Flexibility with respect to crossing of h-2b 
     nonimmigrants.--
       ``(A) In general.--Subject to subparagraph (B), if an 
     employer files a petition for H-2B nonimmigrants and that 
     petition is granted, the employer may bring the H-2B 
     nonimmigrants for which the petition was granted into the 
     United States at any time during the 120-day period beginning 
     on the start date for which the employer is seeking the 
     services of the nonimmigrants without filing another 
     petition.
       ``(B) Requirements for crossings after 90th day.--An 
     employer may not bring H-2B nonimmigrants into the United 
     States under subparagraph (A) after the date that is 90 days 
     after the start date for which the employer is seeking the 
     services of the nonimmigrants unless the employer--
       ``(i) completes a new assessment of the local labor market 
     by--

       ``(I) listing job orders on local newspapers on 2 separate 
     Sundays; and
       ``(II) posting the job opportunity on the appropriate 
     Department of Labor Electronic Job Registry and at the 
     employer's place of employment; and

       ``(ii) offers the job to an equally or better qualified 
     United States worker who will be available at the time and 
     place of need and who applies for the job.
       ``(C) Exemption from rules with respect to staggering.--The 
     Secretary of Labor shall not consider an employer who brings 
     H-2B nonimmigrants into the United States during the 120-day 
     period specified in subparagraph (A) to be staggering the 
     date of need in violation of any applicable provision of law.

                                 ______
                                 
  SA 1535. Mr. BROWN (for himself, Mr. Enzi, Mr. Casey, Mr. Begich, Mr. 
Pryor, Mr. Tester, and Mr. Johnson of South Dakota) 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 1630, line 22, insert ``or accounting,'' after 
     ``physical sciences,''.
                                 ______
                                 
  SA 1536. Mr. HATCH (for himself and Mr. Rubio) 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 lines 4 through 21 and insert the 
     following:
       ``(2) Payment of taxes.--
       ``(A) In general.--An alien may not file an application for 
     registered provisional immigrant status under paragraph (1) 
     unless the applicant has established the payment of all 
     applicable Federal tax liability owed by the applicant for 
     the 5-taxable year period ending with the taxable year 
     preceding the taxable year in which such alien submits an 
     application under subsection (a).
       ``(B) Demonstration of compliance.--An applicant shall 
     demonstrate compliance with this paragraph by establishing 
     that--
       ``(i) no applicable Federal tax liability exists for the 
     period described in subparagraph (A);
       ``(ii) all outstanding applicable Federal tax liabilities 
     have been paid for such period; or
       ``(iii) the applicant has entered into an agreement for 
     payment of all outstanding applicable Federal tax liabilities 
     for such period with the Secretary of the Treasury.
       ``(C) Applicable federal tax liability.--In this paragraph, 
     the term `applicable Federal tax liability' means liability 
     for Federal taxes, including penalties and interest, for 
     which the statutory period for assessment of any deficiency 
     for such taxes has not expired.
       ``(D) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish payment of all taxes required under 
     this paragraph.
       On page 970, beginning on line 23, strike ``has satisfied 
     any applicable tax liability in accordance with paragraph 
     (2)'' and insert ``has established the payment, in accordance 
     with paragraph (2)(B), of all applicable Federal tax 
     liability (as defined in paragraph (2)(C)) of the applicant 
     for the period beginning with the taxable year in which such 
     applicant submitted an application for registered provisional 
     immigrant status and ending with the taxable year preceding 
     the taxable year in which such applicant submitted an 
     application for an extension under this paragraph''.
       On page 985, strike lines 1 through 19 and insert the 
     following:
       ``(2) Payment of taxes.--An applicant may not file an 
     application for adjustment of status under this section 
     unless the applicant has established the payment, in 
     accordance with section 245B(c)(2)(B), of all applicable 
     Federal tax liability (as defined in section 245B(c)(2)(C)) 
     owed by the applicant for the period--
       ``(A) beginning with the later of--
       ``(i) the taxable year in which such applicant submitted an 
     application for registered provisional immigrant status; or
       ``(ii) the taxable year in which such applicant submitted 
     an application for an extension of such registered 
     provisional immigrant status; and
       ``(B) ending with the taxable year preceding the taxable 
     year in which such applicant submitted an application for an 
     adjustment of status under this section.
       Beginning on page 1068, strike line 11 and all that follows 
     through page 1069, line 3, and insert the following:
       ``(4) Payment of taxes.--An applicant may not file an 
     application for adjustment of status under this section 
     unless the applicant

[[Page S4844]]

     has established the payment, in accordance with section 
     245B(c)(2)(B), of all applicable Federal tax liability (as 
     defined in section 245B(c)(2)(C)) owed by the applicant for 
     the period beginning with the taxable year in which such 
     applicant submitted an application for blue card status and 
     ending with the taxable year preceding the taxable year in 
     which such applicant submitted an application for an 
     adjustment of status under this section.
       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
       ``(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 1537. 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 1404, line 1, strike ``The'' and insert ``Beginning 
     on the date on which all employers are required to use the 
     System pursuant to subsection (d)(2), the''.

                                 ______
                                 
  SA 1538. Ms. KLOBUCHAR 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 1680, line 5, insert ``; however, if the 
     outplacement is a formal part of the H-1B nonimmigrant's 
     graduate medical education or training, the employer is not 
     required to pay the $500 fee'' after ``worker''.

                                 ______
                                 
  SA 1539. Mr. WYDEN (for himself and Mrs. Boxer) 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 870, strike line 22 and all that follows through 
     page 871, line 6, and insert the following:
       (A) In general.--In implementing the Southern Border 
     Fencing Strategy required by this subsection, the Secretary 
     shall consult with the Secretary of the Interior, the 
     Secretary of Agriculture, States, local governments, Indian 
     tribes, and property owners in the United States to minimize 
     and reasonably mitigate the impact on the environment, 
     culture, commerce, and quality of life for the communities 
     and residents located near the sites at which such fencing is 
     to be constructed, except in such cases where the Secretary, 
     in consultation with the Secretary of the Interior, the 
     Secretary of Agriculture, States, local governments, Indian 
     tribes, and property owners in the United States, determines 
     that the Strategy would have a net beneficial impact to an 
     area's environmental and cultural resources through the 
     reduction of illegal cross-border traffic.
                                 ______
                                 
  SA 1540. Mr. WYDEN (for himself and Mrs. Boxer) 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 885, between lines 2 and 3, insert the following:
       (H) Transfers to other federal agencies.--Notwithstanding 
     any other provision of law, the Secretary may transfer 
     amounts in the Trust Fund to the other Federal agencies to 
     carry out the activities described in subparagraph (A), 
     including the purchase of real property from willing sellers.
                                 ______
                                 
  SA 1541. Mr. WYDEN (for himself and Mrs. Boxer) 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 877, line 6, insert before the semicolon at the end 
     ``and carry out associated mitigation measures identified in 
     the Southern Border Fencing Strategy and through consultation 
     conducted pursuant to section 5(b)(4)(A) of this Act''.

                                 ______
                                 
  SA 1542. Mr. WYDEN (for himself and Mrs. Boxer) 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 870, line 10, before the period at the end insert 
     ``and any measures necessary to mitigate impacts to 
     landowners, communities, and the environment associated with 
     implementation of the Southern Border Fencing Strategy''.

                                 ______
                                 
  SA 1543. Mr. WYDEN (for himself and Mrs. Boxer) 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 870, line 10, before the period at the end insert 
     ``and any measures necessary to mitigate impacts to 
     landowners, communities, and the environment associated with 
     implementation of the Southern Border Fencing Strategy''.
       On page 870, strike line 22 and all that follows through 
     page 871, line 6, and insert the following:
       (A) In general.--In implementing the Southern Border 
     Fencing Strategy required by this subsection, the Secretary 
     shall consult with the Secretary of the Interior, the 
     Secretary of Agriculture, States, local governments, Indian 
     tribes, and property owners in the United States to minimize 
     and reasonably mitigate the impact on the environment, 
     culture, commerce, and quality of life for the communities 
     and residents located near the sites at which such fencing is 
     to be constructed, except in such cases where the Secretary, 
     in consultation with the Secretary of the Interior, the 
     Secretary of Agriculture, States, local governments, Indian 
     tribes, and property owners in the United States, determines 
     that the Strategy would have a net beneficial impact to an 
     area's environmental and cultural resources through the 
     reduction of illegal cross-border traffic.
       On page 877, line 6, insert before the semicolon at the end 
     ``and carry out associated mitigation measures identified in 
     the Southern Border Fencing Strategy and through consultation 
     conducted pursuant to section 5(b)(4)(A) of this Act''.
       On page 885, between lines 2 and 3, insert the following:
       (H) Transfers to other federal agencies.--Notwithstanding 
     any other provision of law, the Secretary may transfer 
     amounts in the Trust Fund to the other Federal agencies to 
     carry out the activities described in subparagraph (A), 
     including the purchase of real property from willing sellers.
                                 ______
                                 
  SA 1544. Mr. WYDEN (for himself and Mrs. Boxer) 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, between lines 3 and 4, insert the following:
       (e) Effective Period.--This section shall be in effect 
     during the period beginning on the date of the enactment of 
     this Act and ending on the date that the certification 
     described in section 3(c)(2)(A) is submitted to the President 
     and Congress.
                                 ______
                                 
  SA 1545. Mr. WYDEN (for himself and Mrs. Boxer) 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 859, line 4, after the period at the end, insert 
     the following: ``In this subsection, the term `physical 
     tactical infrastructure' means roads, vehicle and pedestrian 
     fences, port of entry barriers, lights,

[[Page S4845]]

     bridges, and towers for technology and surveillance.''.
                                 ______
                                 
  SA 1546. Mr. PRYOR 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 1582, between lines 14 and 15, insert the 
     following:
       (d) Administrative Forfeiture Authority.--Section 607(a) of 
     the Tariff Act of 1930 (19 U.S.C. 1607(a)) is amended--
       (1) in paragraph (3), by striking ``or'' at the end;
       (2) in paragraph (4), by inserting ``or'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(5) such seized merchandise comprises funds accessible 
     through a prepaid access device or other portable storage 
     device,''.
       (e) Real Property Used in Alien Smuggling and Harboring.--
     Section 274(b)(1) (8 U.S.C. 1324(b)(1)) is amended--
       (1) by striking ``Any conveyance, including any vessel, 
     vehicle, or aircraft, which has been or is being used in the 
     commission of a violation'' and inserting ``Any property, 
     real or personal, used or intended to be used to commit or to 
     facilitate the commission of a violation''; and
       (2) striking ``such conveyance'' and inserting ``such 
     property''.
       (f) Proceeds of Alien Smuggling and Harboring.--
       (1) In general.--Section 274(b) (8 U.S.C. 1324(b)), as 
     amended by subsection (e), is further amended by adding at 
     the end the following:
       ``(4) Proceeds defined.--In this subsection, the term 
     `proceeds' means any property derived from or obtained or 
     retained, directly or indirectly, as a consequence of an act 
     or omission in violation of this section, including the gross 
     receipts of such activity.''.
       (2) Conforming amendment.--Section 982(a)(6) of title 18, 
     United States Code, is amended by insert ``(as defined in 
     section 274(b)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1324(b)(4)))'' after ``proceeds''.
                                 ______
                                 
  SA 1547. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1692, beginning on line 16, strike ``and'' and all 
     that follows through ``(bb)'' on line 17, and insert the 
     following:
       ``(bb) conduct annual audits of not less than .05 percent 
     of employers (other than employers covered by item (aa)) that 
     employ H-1B nonimmigrants during the applicable calendar 
     year; and
       ``(cc)
       On page 1726, beginning on line 3, strike ``and'' and all 
     that follows through ``(bb)'' on line 4, and insert the 
     following:
       ``(bb) conduct annual audits of not less than .05 percent 
     of employers (other than employers covered by item (aa)) who 
     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year; and
       ``(cc)
                                 ______
                                 
  SA 1548. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1704, after line 20, insert the following:

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

       Section 212(n)(2) (8 U.S.C. 1182(n)(2), as amended by this 
     chapter, is further amended--
       (1) by redesignating subparagraph (I) as subparagraph (L); 
     and
       (2) by inserting after subparagraph (H) the following:
       ``(I) The Secretary of Homeland Security shall suspend an 
     employer's ability to petition for H-1B nonimmigrants for not 
     less than 2 years if such employer violates this subsection 
     or if the Secretary determines the existence of 1 or more of 
     the following conditions with respect to the employer:
       ``(i) The employer has not taken good faith efforts to 
     recruit United States workers.
       ``(ii) An H-1B nonimmigrant is working at locations not 
     covered by a valid labor condition application.
       ``(iii) An H-1B nonimmigrant is not receiving the wage that 
     the petitioning employer attested to in the labor condition 
     application.
       ``(iv) An H-1B nonimmigrant has been benched without pay or 
     with reduced pay.
       ``(v) An H-1B nonimmigrant is performing job duties that 
     were not consistent with the position description provided by 
     the employer.
       ``(vi) The employer deducts the fees associated with filing 
     the H-1B petition from the H-1B nonimmigrant's salary.
       ``(vii) The employer forged signatures or documents 
     relating to the Form I-129 petition, including documents 
     relating to degree and work experience letters.''.
                                 ______
                                 
  SA 1549. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1680, line 24, strike ``(A)''.
       On page 1681, line 1, strike ``(i)'' and insert ``(A)''.
       On page 1681, line 5, strike ``(ii)'' and insert ``(B)''.
       On page 1681, line 9, strike ``(iii)'' and insert ``(C)''.
       Beginning on page 1681, strike line 14 and all that follows 
     through page 1684, line 2, and insert an end quote and final 
     period.
       Beginning on page 1688, strike lines 23 and all that 
     follows through page 1689, line 13.
       On page 1710, strike line 9 and all that follows through 
     ``(4)'' on line 13, and insert ``(3)''.
       On page 1710, strike line 19 and all that follows through 
     ``(d)'' on line 24, and insert ``(c)''.
       On page 1720, strike lines 20 through 23.
       On page 1722, strike line 16 and all that follows through 
     ``(d)'' on line 22, and insert ``(c)''.
                                 ______
                                 
  SA 1550. 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 1632, line 24, strike ``Upon the request 
     of the Secretary of State, the Secretary of Homeland Security 
     may suspend employment authorizations under clause (ii)'' and 
     insert ``The Secretary of Homeland Security shall suspend 
     employment authorizations under clauses (i) and (ii)''.
       On page 1633, line 10, strike ``section 
     101(a)(15)(H)(i)(b)'' and insert ``subparagraph (H)(i)(b) or 
     (L) of section 101(a)(15)''.
       On page 1669, strike line 11 and all that follows through 
     ``(ii)'' on line 15, and insert ``(i)''.
       On page 1669, line 17, strike ``(iii)'' and insert 
     ``(ii)''.
       On page 1669, line 20, strike ``(iv)'' and insert 
     ``(iii)''.
       On page 1670, lines 1 and 2, strike ``if the employer is an 
     H-1B-dependent employer,''.
       Beginning on page 1676, strike line 16 and all that follows 
     through page 1678, line 21, and insert the following:
       ``(E) The employer did not displace and will not displace a 
     United States worker employed by the employer within the 
     period beginning 180 days before the date on which a visa 
     petition supported by the application is filed and ending 180 
     days after such filing.''.
       On page 1687, lines 6 through 8, strike ``participating in 
     optional practical training pursuant to section 
     101(a)(15)(F)(i)'' and insert ``described in subparagraph (F) 
     or (M) of section 101(a)(15)''.
       On page 1687, lines 10 and 11, strike ``participant in such 
     optional practical training'' and insert ``an alien described 
     in subparagraph (F) or (M) of section 101(a)(15)''.
       On page 1687, lines 16 and 17, strike ``participants in 
     optional practical training pursuant to section 
     101(a)(15)(F)(i)'' and insert ``aliens described in 
     subparagraph (F) or (M) of section 101(a)(15)''.
       On page 1690, line 6, strike ``may conduct'' and insert 
     ``shall conduct''.

                          ____________________