[Congressional Record Volume 159, Number 92 (Tuesday, June 25, 2013)]
[Senate]
[Pages S5152-S5201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1663. Mr. PORTMAN (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 appropriate place, insert the following:

     SEC. ___. EMPLOYMENT VERIFICATION SYSTEM IMPROVEMENTS.

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

       ``(I) by examining--

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

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

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

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

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

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

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

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

       ``(iii) An enhanced driver's license or identification card 
     issued to a national of the United States by a State, an 
     outlying possession of the United States, or a federally 
     recognized Indian tribe that--

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

       ``(iv) A passport issued by the appropriate authority of a 
     foreign country accompanied

[[Page S5153]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       ``(G) Authority to prohibit use of certain documents.--If 
     the Secretary determines, after publication in the Federal 
     Register and an opportunity for public comment, that any 
     document or class of documents specified in subparagraph (B), 
     (C), or (D) does not reliably establish identity or that 
     employment authorized status is being used fraudulently to an 
     unacceptable degree, the Secretary--
       ``(i) may prohibit or restrict the use of such document or 
     class of documents for purposes of this subsection; and
       ``(ii) shall directly notify all employers registered 
     within the System of the prohibition through appropriate 
     means.
       ``(H) Authority to allow use of certain documents.--If the 
     Secretary has determined that another document or class of 
     documents, such as a document issued by a federally 
     recognized Indian tribe, may be used to reliably establish 
     identity or employment authorized status, the Secretary--
       ``(i) may allow the use of that document or class of 
     documents for purposes of this subsection after publication 
     in the Federal Register and an opportunity for public 
     comment;
       ``(ii) shall publish a description of any such document or 
     class of documents on the U.S. Citizenship and Immigration 
     Services website; and
       ``(iii) shall directly notify all employers registered 
     within the System of the addition through appropriate means.
       ``(2) Individual attestation of employment authorization.--
     An individual, upon commencing employment with an employer, 
     shall--
       ``(A) attest, under penalty of perjury, on the form 
     prescribed by the Secretary, that the individual is--
       ``(i) a citizen of the United States;
       ``(ii) an alien lawfully admitted for permanent residence;
       ``(iii) an alien who has employment authorized status; or
       ``(iv) otherwise authorized by the Secretary to be hired 
     for such employment;
       ``(B) provide such attestation by a handwritten, 
     electronic, or digital signature; and
       ``(C) provide the individual's social security account 
     number to the Secretary, unless

[[Page S5154]]

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

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

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

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

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

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

       ``(ii) Required participation.--Not later than 4 years 
     after regulations are published implementing this subsection, 
     all employers owned by, or entities of, the government of a 
     federally recognized Indian tribe shall participate in the 
     System with respect to all newly hired employees and 
     employees with expiring temporary employment authorization 
     documents.
       ``(J) Immigration law violators.--
       ``(i) Orders finding violations.--An order finding any 
     employer to have violated this section or section 274C may, 
     in the Secretary's discretion, require the employer to 
     participate in the System with respect to newly hired 
     employees and employees with expiring temporary employment 
     authorization documents, if such employer is not otherwise 
     required to participate in the System under this section. The 
     Secretary shall monitor such employer's compliance with 
     System procedures.
       ``(ii) Pattern or practice of violations.--The Secretary 
     may require an employer that is required to participate in 
     the System with respect to newly hired employees to 
     participate in the System with respect to the employer's 
     current employees if the employer is determined by the 
     Secretary or other appropriate authority to have engaged in a 
     pattern or practice of violations of the immigration laws of 
     the United States.
       ``(K)  Voluntary participation.--The Secretary may permit 
     any employer that is not required to participate in the 
     System under this section to do so on a voluntary basis.
       ``(3) Consequence of failure to participate.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the failure, other than a de minimis or inadvertent failure, 
     of an employer that is required to participate in the System 
     to comply with the requirements of the System with respect to 
     an individual--
       ``(i) shall be treated as a violation of subsection 
     (a)(1)(B) with respect to that individual; and
       ``(ii) creates a rebuttable presumption that the employer 
     has violated paragraph (1)(A) or (2) of subsection (a).

[[Page S5155]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       ``(aa) a nonconfirmation has been issued;
       ``(bb) if the further action notice was contested, the 
     period to timely file an administrative appeal has expired 
     without an appeal

[[Page S5156]]

     or the contestation to the further action notice is 
     withdrawn; or
       ``(cc) if an appeal before an administrative law judge 
     under paragraph (7) has been filed, the nonconfirmation has 
     been upheld or the appeal has been withdrawn or dismissed.
       ``(iv) Notice of nonconfirmation.--Not later than 3 
     business days after an employer receives a nonconfirmation, 
     or during such other reasonable time as the Secretary may 
     provide, the employer shall notify the individual who is the 
     subject of the nonconfirmation, and provide information about 
     filing an administrative appeal pursuant to paragraph (6) and 
     a request for a hearing before an administrative law judge 
     pursuant to paragraph (7). The nonconfirmation notice shall 
     be given to the individual in writing and the employer shall 
     acknowledge in the System under penalty of perjury that it 
     provided the notice (or adequately attempted to provide 
     notice, but was unable to do so despite reasonable efforts). 
     The individual shall affirmatively acknowledge in writing, or 
     in such other manner as the Secretary may prescribe, the 
     receipt of the nonconfirmation notice from the employer. If 
     the individual refuses or fails to acknowledge the receipt of 
     the nonconfirmation notice, the employer shall notify the 
     Secretary in such manner as the Secretary may prescribe.
       ``(D) Consequences of nonconfirmation.--
       ``(i) Termination of continued employment.--Except as 
     provided in clause (iii), an employer that has received a 
     nonconfirmation regarding an individual and has made 
     reasonable efforts to notify the individual in accordance 
     with subparagraph (C)(iv) shall terminate the employment of 
     the individual upon the expiration of the time period 
     specified in paragraph (7).
       ``(ii) Continued employment after nonconfirmation.--If the 
     employer continues to employ an individual after receiving 
     nonconfirmation and exhaustion of all appeals or expiration 
     of all rights to appeal if not appealed, in violation of 
     clause (i), a rebuttable presumption is created that the 
     employer has violated paragraphs (1)(A) and (2) of subsection 
     (a). Such presumption shall not apply in any prosecution 
     under subsection (k)(1).
       ``(iii) Effect of administrative appeal or review by 
     administrative law judge.--If an individual files an 
     administrative appeal of the nonconfirmation within the time 
     period specified in paragraph (6)(A), or files for review 
     with an administrative law judge specified in paragraph 
     (7)(A), the employer shall not terminate the individual's 
     employment under this subparagraph prior to the resolution of 
     the administrative appeal unless the Secretary or 
     Commissioner terminates the stay under paragraph (6)(B) or 
     (7)(B).
       ``(iv) Weekly report.--The Director of U.S. Citizenship and 
     Immigration Services shall submit a weekly report to the 
     Assistant Secretary for Immigration and Customs Enforcement 
     that includes, for each individual who receives final 
     nonconfirmation through the System--

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

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

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

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

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

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

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

       ``(iii) Rulemaking.--

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

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

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

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

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

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

[[Page S5157]]

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

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

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

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

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

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

[[Page S5158]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S5159]]

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

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

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

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

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

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

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

[[Page S5160]]

       ``(vii) An assessment of the direct and indirect costs 
     incurred by employers in complying with the System, including 
     costs associated with retaining potential employees through 
     the administrative appeals process and receiving a 
     nonconfirmation.
       ``(viii) An assessment of any backlogs or delays in the 
     System providing the confirmation or further action notice 
     and impacts to hiring by employers.
       ``(ix) An assessment of the effect of the identity 
     authentication mechanism and any other security measures set 
     forth in subsection (c)(1)(F)(iv) to verify identity 
     incorporated into the System or otherwise used by employers 
     on employees.
       ``(12) Outreach and partnership.--
       ``(A) Outreach.--The Secretary is authorized to conduct 
     outreach and establish programs to assist employers in 
     verifying employment authorization and preventing identity 
     fraud.
       ``(B) Partnership initiative.--The Secretary may establish 
     partnership initiatives between the Federal Government and 
     private sector employers to foster cooperative relationships 
     and to strengthen overall hiring practices.''.
       (c) Taxpayer Address Information.--Section 6103(m) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following:
       ``(8) Taxpayer address information furnished to secretary 
     of homeland security.--Upon written request from the 
     Secretary of Homeland Security, the Secretary shall disclose 
     the mailing address of any taxpayer who is entitled to 
     receive a notification from the Secretary of Homeland 
     Security pursuant to paragraphs (1)(C) and (8)(E)(vii) of 
     section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)) for use only by employees of the Department 
     of Homeland for the purpose of mailing such notification to 
     such taxpayer.''.
       (d) Social Security Account Statements.--Section 1143(a)(2) 
     of the Social Security Act (8 U.S.C. 1320b-13(a)(2)) is 
     amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) to the extent resources are available, information in 
     the Commissioner's records indicating that a query was 
     submitted to the employment verification system established 
     under section 274A (d) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(d)) under that individual's name or social 
     security number; and
       ``(G) a toll-free telephone number operated by the 
     Department of Homeland Security for employment verification 
     system inquiries and a link to self-verification procedure 
     established under section 274A(d)(4)(I) of such Act.''.
       (e) Good Faith Compliance.--Section 274B(a) (8 U.S.C. 
     1324b(a)), as amended by section 3105(a) of this Act, is 
     further amended by adding at the end the following:
       ``(10) Treatment of certain violations after reasonable 
     steps in good faith.--Notwithstanding paragraphs (4), (6), 
     and (7), a person, other entity, or employment agency shall 
     not be liable for civil penalties described in section 
     274B(g)(2)(B)(iv) that are related to a violation of any such 
     paragraph if the person, entity, or employment agency has 
     taken reasonable steps, in good faith, to comply with such 
     paragraphs at issue, unless the person, other entity, or 
     employment agency--
       ``(A) was, for similar conduct, subject to--
       ``(i) a reasonable cause determination by the Office of 
     Special Counsel for Immigration Related Unfair Employment 
     Practices; or
       ``(ii) a finding by an administrative law judge that a 
     violation of this section has occurred; or
       ``(B) committed the violation in order to interfere with 
     `workplace rights' (as defined in section 274A(b)(8)).
       ``(11) Good faith.--As used in paragraph (10), the term 
     `good faith' shall not include any action taken in order to 
     interfere with `workplace rights' (as defined in section 
     274A(b)(8)). Neither the Office of Special Counsel nor an 
     administrative law judge hearing a claim under this section 
     shall have any authority to assess workplace rights other 
     than those guaranteed under this section.
       ``(12) Rules of construction.--Nothing in this section may 
     be construed--
       ``(A) to permit the Office of Special Counsel for 
     Immigration-Related Unfair Employment Practices or an 
     administrative law judge hearing a claim under this Section 
     to enforce any workplace rights other than those guaranteed 
     under this section; or
       ``(B) to prohibit any person, other entity, or employment 
     agency from using an identity verification system, service, 
     or method (in addition to the employment verification system 
     described in section 274A(d)), until the date on which the 
     employer is required to participate in the System under 
     section 274A(d)(2) and the additional security measures 
     mandated by section 274A(c)(F)(iv) have become available to 
     verify the identity of a newly hired employee, if such 
     system--
       ``(i) is used in a uniform manner for all newly hired 
     employees;
       ``(ii) is not used for the purpose or with the intent of 
     discriminating against any individual;
       ``(iii) provides for timely notice to employees run through 
     the system of a mismatch or failure to confirm identity; and
       ``(iv) sets out procedures for employees run through the 
     system to resolve a mismatch or other failure to confirm 
     identity.
       ``(13) Liability.--A person, entity, or employment agency 
     that uses an identity verification system, service, or method 
     in a way that conflicts with the requirements set forth in 
     paragraph (10) shall be subject to liability under paragraph 
     (4)(I).''.
       (f) Maintenance of Reasonable Levels of Service and 
     Enforcement.--Notwithstanding section 3301(b)(1), amounts 
     appropriated pursuant to such section shall be used to 
     maintain reasonable levels of service and enforcement rather 
     than a specific numeric increase in the number of Department 
     personnel dedicated to administering the Employment 
     Verification System.
                                 ______
                                 
  SA 1664. Mr. REID 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:
       This Act shall become effective 8 days after enactment.
                                 ______
                                 
  SA 1665. Mr. REID 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:

       In the amendment, strike ``8 days'' and insert ``7 days''.
                                 ______
                                 
  SA 1666. 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 appropriate place, insert the following:

     SEC. ___. BORDER PATROL RATE OF PAY.

       (a) Purpose.--The purposes of this section are--
       (1) to strengthen U.S. Customs and Border Protection 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. Customs and Border Protection 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 basic 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 basic 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

[[Page S5161]]

     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. Customs and Border 
     Protection 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. Customs and Border Protection 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)--
       ``(A) the border patrol agent shall be scheduled to work, 
     for 5 days per week--
       ``(i) 8 hours of regular time per day; and
       ``(ii) 2 additional hours of scheduled overtime during each 
     day the border patrol agent is scheduled to work under clause 
     (i);
       ``(B) for the hours of regular time work described in 
     subparagraph (A)(i), the border patrol agent shall receive 
     pay at the level 1 border patrol rate of pay;
       ``(C) for the hours of regularly scheduled overtime work 
     described in subparagraph (A)(ii), the border patrol agent 
     shall not receive--
       ``(i) additional compensation under this section or any 
     other provision of law; or
       ``(ii) compensatory time off;
       ``(D) any hours during which the border patrol agent is 
     available to work during a work period shall be included in 
     the hours of regular time or regularly scheduled overtime 
     scheduled under subparagraph (A); and
       ``(E) 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)--
       ``(A) the border patrol agent shall be scheduled to work, 
     for 5 days per week--
       ``(i) 8 hours of regular time per day; and
       ``(ii) 1 additional hour of scheduled overtime during each 
     day the border patrol agent is scheduled to work under clause 
     (i);
       ``(B) for the hours of regular time work described in 
     subparagraph (A)(i), the border patrol agent shall receive 
     pay at the level 2 border patrol rate of pay;
       ``(C) for the hours of regularly scheduled overtime work 
     described in subparagraph (A)(ii), the border patrol agent 
     shall not receive--
       ``(i) additional compensation under this section or any 
     other provision of law; or
       ``(ii) compensatory time off;
       ``(D) any hours during which the border patrol agent is 
     available to work during a work period shall be included in 
     the hours of regular time or regularly scheduled overtime 
     scheduled under subparagraph (A); and
       ``(E) 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)--
       ``(A) the border patrol agent shall be scheduled to work 8 
     hours of regular time per day and 5 days per week;
       ``(B) any hours during which the border patrol agent is 
     available to work during a work period shall be included in 
     the hours of regular time scheduled under subparagraph (A); 
     and
       ``(C) the border patrol agent 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--
       ``(1) shall receive premium pay for night work in 
     accordance with subsections (a) and (b) of section 5545 and 
     Sunday and holiday pay in accordance with section 5546, 
     without regard to the election of the border patrol agent 
     under subsection (b)(1)(A), except that section 5546(d) shall 
     not apply and eligibility for pay for, and the rate of pay 
     for, any overtime work shall be determined in accordance with 
     this section and section 5542(a)(7); and
       ``(2) shall not be eligible for any other form of premium 
     pay under this title, except as provided in section 
     5542(a)(7).
       ``(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. 
     Customs and Border Protection to require a border patrol 
     agent to perform hours of overtime work in accordance with 
     the needs of U.S. Customs and Border Protection, including if 
     needed 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 
     (as determined in accordance with paragraphs (1) and (2)) for 
     hours of overtime work that are officially ordered or 
     approved in advance of the work assignment; 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 
     (as determined in accordance with paragraphs (1) and (2)) for 
     hours of overtime work that are officially ordered or 
     approved in advance of the work assignment; and
       ``(II) shall receive compensatory time off for any hours of 
     overtime work that are not hours of overtime work described 
     in subclause (I).
       ``(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 
     (as determined in accordance with paragraphs (1) and (2)) for 
     hours of overtime work that are officially ordered or 
     approved in advance of the work assignment; 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)(i) Except as provided in clause (ii), 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.
       ``(ii) U.S. Customs and Border Protection may, as it 
     determines appropriate, waive the limitation under clause (i) 
     for hours of overtime work, but such waiver must be approved 
     in advance of any work being performed that would be subject 
     to compensatory time under subsection (B)(ii)(II), 
     (C)(ii)(II), or (D)(ii)(II).
       ``(F) A border patrol agent--
       ``(i) may not earn 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)) who was employed as 
     a border patrol agent on December 31, 2013 and is 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--

[[Page S5162]]

       (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.''.

       (f) Availability of Funds.--In addition to any amounts 
     provided in an appropriations Act or otherwise made available 
     to U.S. Customs and Border Protection, amounts made available 
     pursuant to section 6 of this Act may be used for pay 
     authorized under this section or an amendment made by this 
     section, including for paying basic pay under subsection 
     (d)(1).
                                 ______
                                 
  SA 1667. Mr. BLUMENTHAL (for himself 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:

       Beginning on page 1000, strike line 20 and all that follows 
     through page 1001, line 20, and insert the following:
       ``(ii) was younger than 16 years of age on the date on 
     which the alien initially entered the United States; and
       ``(iii)(I)(aa) has earned a high school diploma, a 
     commensurate alternative award from a public or private high 
     school or secondary school, or has obtained a general 
     education development certificate recognized under State law, 
     or a high school equivalency diploma in the United States and 
     has provided a list of each secondary school (as that term is 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801)) that the alien 
     attended in the United States; and

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

       ``(B) Special provisions.--
       ``(i) Exception to age requirement.--An alien lawfully 
     admitted for permanent residence pursuant to subparagraph 
     (A)(iii)(II) may be naturalized notwithstanding the age 
     requirements in section 334.
       ``(ii) Requirements under section 316.--An alien may 
     naturalize under section 316 no sooner than 5 years after the 
     date on which the alien was lawfully admitted for permanent 
     residence pursuant to subparagraph (A)(iii)(II).
       ``(C) Hardship exception.--''.
                                 ______
                                 
  SA 1668. Mr. WARNER (for himself, Ms. Mikulski, Mr. Wicker, Mr. 
Kaine, Ms. Murkowski, Ms. Landrieu, and Mr. Cochran) 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. __. FLEXIBILITY WITH RESPECT TO CROSSING OF H-2B 
                   NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.

       (a) In General.--Subject to subsection (b), if an employer 
     in the seafood industry 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 
     in the seafood industry may not bring H-2B nonimmigrants into 
     the United States under subsection (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--
       (1) completes a new assessment of the local labor market 
     by--
       (A) listing job orders on local newspapers on 2 separate 
     Sundays; and
       (B) posting the job opportunity on the appropriate 
     Department of Labor Electronic Job Registry and at the 
     employer's place of employment; and
       (2) 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 in the 
     seafood industry who brings H-2B nonimmigrants into the 
     United States during the 120-day period specified in 
     subsection (a) to be staggering the date of need in violation 
     of any applicable provision of law.
       (d) H-2B Nonimmigrant Defined.--In this section, the term 
     ``H-2B nonimmigrant'' means an alien admitted to the United 
     States pursuant to section 101(a)(15)(H)(ii)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(B)).
                                 ______
                                 
  SA 1669. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENTS FOR ADJUSTMENT OF STATUS FOR CERTAIN 
                   ALIENS WHO ENTERED THE UNITED STATES AS 
                   CHILDREN.

       Notwithstanding paragraph (1)(A)(iv)(I) of section 245D(b) 
     of the Immigration and Nationality Act, as added by section 
     2103, an alien is not eligible for an adjustment of status 
     under that section 245D(b) unless the alien has acquired a 
     degree from an institution of higher education.
                                 ______
                                 
  SA 1670. 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 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 1671. 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 ``3 
     years''.
       On page 1140, strike lines 10 through 13.
       On page 1141, line 6, strike ``1 year'' and insert ``3 
     years''.
                                 ______
                                 
  SA 1672. 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 1062 after line 2 insert: ``An employer shall not 
     be required to provide such written record to the alien or to 
     the Secretary of Agriculture more than once per year.''
                                 ______
                                 
  SA 1673. 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 appropriate place, insert the following:

     SEC. ___. OUTREACH TO IMMIGRANT COMMUNITIES.

       (a) 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.
       (b) Purpose.--The purpose of the program authorized under 
     subsection (a) 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.
       (c) 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--
       (1) at appropriate offices that provide services or 
     information to aliens; and
       (2) through websites that are--
       (A) maintained by the Attorney General; and
       (B) intended to provide information regarding immigration 
     matters to aliens.
       (d) Foreign Language Materials.--Any educational materials 
     used to carry out the program authorized under subsection (a) 
     shall, to the extent practicable, be made available to 
     immigrant communities in appropriate languages, including 
     English and Spanish.
       (e) 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 section.
                                 ______
                                 
  SA 1674. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 744, to

[[Page S5163]]

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. ___. 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 1675. 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:

       Strike section 2108 and insert the following:

     SEC. 2108. HIRING.

       (a) Hiring Rules Exemption.--The Secretary is authorized to 
     make term, temporary limited, and part-time appointments of 
     employees who will implement this title and the amendments 
     made by this title without regard to the number of such 
     employees, their ratio to permanent full-time employees, and 
     the duration of their employment.
       (b) Authority to Waive Annuity Limitations.--Section 
     824(g)(2)(B) of the Foreign Service Act of 1980 (22 U.S.C. 
     4064(g)(2)(B)) is amended by striking ``2009'' and inserting 
     ``2017''.
                                 ______
                                 
  SA 1676. 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. ___. OVERSIGHT OF TRUST FUND.

       (a) Office of Inspector General.--
       (1) Plan.--Not later than 90 days after the date of 
     enactment of this Act, the Inspector General of the 
     Department, in consultation with the Inspectors General of 
     other relevant agencies, shall submit a plan for oversight of 
     the implementation of this Act and the amendments made by 
     this Act. In developing the plan under this paragraph, the 
     Inspector General shall give particular emphasis to 
     management of the Comprehensive Immigration Reform Trust Fund 
     established under section 6 (in this section referred to as 
     the ``Trust Fund'') and oversight of the deployment of 
     resources, infrastructure, and funds under the Comprehensive 
     Southern Border Security Strategy and the Southern Border 
     Fencing Strategy and to implement the Employment Verification 
     System established under section 274A(d)(1)(A) of the 
     Immigration and Nationality Act (as amended by section 3101 
     of this Act).
       (2) Availability of funds.--In addition to the amounts made 
     available under subsection (c), there are authorized to be 
     appropriated to the Inspector General of the Department such 
     sums as are necessary to conduct oversight under the plan 
     submitted under paragraph (1).
       (b) Department Plan.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a plan that describes the actions 
     the Department shall take, the employees the Department shall 
     assign, and the procedures the Department shall implement to 
     ensure that funds from the Trust Fund are--
       (1) spent efficiently and effectively;
       (2) well managed, including with respect to the awarding 
     and administration of contracts and the validation of 
     technology; and
       (3) managed so as to comply with all applicable financial 
     audit standards.
       (c) Availability of Funds.--For the purposes of ensuring 
     the funds in the Trust Fund are spent efficiently and 
     effectively and are well managed and for the cost of 
     conducting the audits required under section 6(c), 0.5 
     percent of funds deposited in the Trust Fund each fiscal year 
     under section 6(a)(2) shall be provided in each such fiscal 
     year to the Secretary, who shall transfer half of the amount 
     received each fiscal year to the Inspector General of the 
     Department. Amounts made available under this subsection 
     shall remain available until the end of the 10th fiscal year 
     beginning after the date on which the amounts are made 
     available to the Secretary.
                                 ______
                                 
  SA 1677. 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. ___. 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.

[[Page S5164]]

                                 ______
                                 
  SA 1678. Mr. CARPER (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the bill S. 744, to provide 
for comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

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

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

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

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

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

[[Page S5165]]

       (A) shall ensure that the data described in paragraphs (1) 
     and (2) is anonymized to safeguard individual privacy;
       (B) may mask location data below the sector, district field 
     office, or special agent in charge office level to protect 
     national security; and
       (C) shall not be required to provided classified 
     information to individuals other than to those individuals 
     who have appropriate security clearances.
       (g) Availability of Funds.--The Secretary may use such sums 
     as may be necessary from the Comprehensive Immigration Reform 
     Trust Fund established under section 6(a)(1)--
       (1) to establish the Office; and
       (2) to produce reports related to securing the border and 
     enforcing the immigration laws of the United States.
                                 ______
                                 
  SA 1679. Mr. CARPER (for himself, Mr. McCain, and Mr. Udall of 
Colorado) submitted an amendment intended to be proposed by him to the 
bill S. 744, to provide for comprehensive immigration reform and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Analysis of Operational Requirements Between Ports of 
     Entry.--
       (1) In general.--As part of the Comprehensive Southern 
     Border Security Strategy required to be submitted section 
     5(a), and in order to inform the Secretary about the 
     technologies that may need to be redeployed or replaced 
     pursuant to paragraphs (4) and (5) of such section, the 
     Commissioner of U.S. Customs and Border Protection shall 
     undertake a sector by sector analysis of the border to 
     determine the specific technologies that are most effective 
     in identifying illegal cross-border traffic for each 
     particular Border Patrol sector and station along the border 
     in order to achieve the goal of persistent surveillance.
       (2) Requirements.--The analysis conducted under paragraph 
     (1) shall--
       (A) include a comparison of the costs and benefits for each 
     type of technology;
       (B) estimate total life cycle costs for each type of 
     technology; and
       (C) identify specific performance metrics for assessing the 
     performance of the technologies.
       (b) Enhancements.--In order to achieve surveillance between 
     ports of entry along the Southwest border for 24 hours per 
     day and 7 days per week, and using the analysis conducted 
     under subsection (a), the Commissioner of U.S. Customs and 
     Border Protection shall--
       (1) deploy additional mobile, video, and man-portable 
     surveillance systems;
       (2) ensure, to the extent practicable, that all aerial 
     assets, including assets owned before the date of enactment 
     of this Act, are outfitted with advanced sensors that can be 
     used to detect cross-border activity, including infrared 
     cameras, radars, or other technologies as appropriate;
       (3) deploy tethered aerostat systems, including systems to 
     detect low-flying aircraft across the entire border, as well 
     as systems to detect the movement of people and vehicles;
       (4) operate unarmed unmanned aerial vehicles equipped with 
     advanced sensors in every Border Patrol sector to ensure 
     coverage for 24 hours per day and 7 days a week, unless--
       (A) severe or prevailing weather precludes operations in a 
     given sector;
       (B) the Secretary determines that national security 
     requires unmanned aerial vehicles to be deployed elsewhere; 
     or
       (C) the Secretary determines that a request from the 
     governor of a State to deploy unmanned aerial vehicles to 
     assist with disaster recovery efforts or extraordinary law 
     enforcement operations is in the national interest;
       (5) attempt, to the greatest extent practicable, to provide 
     an alternate form of surveillance in a sector from which the 
     Secretary redeployed an unmanned aerial system pursuant to 
     subparagraph (B) or (C) of paragraph (4);
       (6) deploy unarmed additional fixed-wing aircraft and 
     helicopters;
       (7) increase horse patrols in the Southwest border region; 
     and
       (8) acquire and deploy watercraft and other equipment to 
     provide support for border-related maritime anti-crime 
     activities.
       (c) Limitation.--
       (1) In general.--Notwithstanding subsection (b), U.S. 
     Border Patrol may not operate unarmed, unmanned aerial 
     vehicles in the San Diego and El Centro Sectors, except 
     within 3 miles of the Southern border.
       (2) Exception.--The limitation under paragraph (1) shall 
     not restrict--
       (A) the maritime operations of U.S. Customs and Border 
     Protection; or
       (B) the Secretary's authority to deploy unmanned aerial 
     vehicles--
       (i) during a national security emergency;
       (ii) in response to a request from the governor of 
     California for assistance during disaster recovery efforts; 
     or
       (iii) for other law enforcement purposes.
       (d) Fleet Consolidation.--In acquiring technological assets 
     under subsection (b) and section 5(a), the Commissioner of 
     U.S. Customs and Border Protection shall, to the greatest 
     extent practicable, implement a plan for streamlining the 
     fleet of aircraft, helicopters, aerostats, and unmanned 
     aerial vehicles of U.S. Customs and Border Protection to 
     generate savings in maintenance costs and training costs for 
     pilots and other personnel needed to operate the assets.
       (e) Analysis of Operational Requirements at Ports of 
     Entry.--
       (1) In general.--To help facilitate cross-border traffic 
     and provide increased situational awareness of inbound and 
     outbound trade and travel, and in order to inform the 
     Secretary about the technologies that may need to be 
     redeployed or replaced pursuant to paragraphs (4) and (5) of 
     section 5(a), the Commissioner of U.S. Customs and Border 
     Protection shall--
       (A) conduct an assessment of the technology needs at ports 
     of entry; and
       (B) prioritize such technology needs based on the results 
     of the assessment conducted pursuant to subparagraph (A).
       (2) Requirements.--In carrying out subsection (a), the 
     Commissioner of U.S. Customs and Border Protection shall--
       (A) consult with officers and agents in the field; and
       (B) consider a variety of fixed and mobile technologies, 
     including--
       (i) hand-held biometric and document readers;
       (ii) fixed and mobile license plate readers;
       (iii) radio frequency identification documents and readers;
       (iv) interoperable communication devices;
       (v) nonintrusive scanning equipment; and
       (vi) document scanning kiosks.
       (3) Implementation.--Based on the results of the assessment 
     conducted under this subsection, the Commissioner of U.S. 
     Customs and Border Protection shall deploy additional 
     technologies to land, air, and sea ports of entry.
       (f) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated, there are 
     authorized to be appropriated to U.S. Customs and Border 
     Protection such sums as may be necessary to carry out this 
     section during the fiscal years 2014 through 2018.
                                 ______
                                 
  SA 1680. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ____. PROTECTION OF DOMESTIC VIOLENCE SURVIVORS.

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

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

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

[[Page S5166]]

       (1) In general.--Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is 
     amended by inserting ``, as a VAWA self-petitioner or for 
     relief under section 101(a)(15)(T), section 101(a)(15)(U), 
     section 240A(b)(2), or under any prior statute providing 
     comparable relief, notwithstanding any other provision of 
     law,'' after ``asylum,''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to waivers provided under section 217(b)(2) 
     of the Immigration and Nationality Act before, on, or after 
     such date as if it had been included in such waivers.
       (c) Applicability of Section 212(e) to Spouses and Children 
     of J-1 Exchange Visitors.--In addition to the individuals 
     described in section 2405(c) of this Act, applicants approved 
     for nonimmigrant status under subparagraph (T) or (U) of 
     section 101(a)(15) of the Immigration and Nationality Act and 
     VAWA self-petitioners, as defined in section 101(a)(51) of 
     such Act, shall not be subject to the requirements of section 
     212(e) of such Act (8 U.S.C. 1182(e)).
       (d) Waiver Relating to Certain Crimes.--Section 212(h), as 
     amended by section 3711(c)(1)(B) of this Act, is amended by 
     striking ``and (E)'' and inserting ``(E), and (K)''.
                                 ______
                                 
  SA 1681. Mrs. MURRAY (for herself and Mr. Crapo) submitted an 
amendment intended to be proposed by her to the bill S. 744, to provide 
for comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON RESTRAINTS ON PREGNANT DETAINEES.

       (a) Prohibition on Restraint of Pregnant Detainees.--
       (1) Prohibition.--A detention facility shall not use 
     restraints on a detainee known to be pregnant, including 
     during labor, transport to a medical facility or birthing 
     center, delivery, and postpartum recovery, unless the 
     facility administrator makes an individualized determination 
     that the detainee presents an extraordinary circumstance as 
     described in paragraph (2).
       (2) Extraordinary circumstance.--Restraints for an 
     extraordinary circumstance are only permitted if a medical 
     officer has directed the use of restraints for medical 
     reasons or if the facility administrator makes an 
     individualized determination that--
       (A) credible, reasonable grounds exist to believe the 
     detainee presents an immediate and serious threat of hurting 
     herself, staff or others; or
       (B) reasonable grounds exist to believe the detainee 
     presents an immediate and credible risk of escape that cannot 
     be reasonably minimized through any other method.
       (3) Requirement for least restrictive restraints.--In the 
     rare event that one of the extraordinary circumstances in 
     paragraph (2) applies, medical staff shall determine the 
     safest method and duration for the use of restraints and the 
     least restrictive restraints necessary shall be used for a 
     pregnant detainee, except that--
       (A) if a doctor, nurse, or other health professional 
     treating the detainee requests that restraints not be used, 
     the detention officer accompanying the detainee shall 
     immediately remove all restraints;
       (B) under no circumstance shall leg or waist restraints be 
     used;
       (C) under no circumstance shall wrist restraints be used to 
     bind the detainee's hands behind her back; and
       (D) under no circumstances shall any restraints be used on 
     any detainee in labor or childbirth.
       (4) Record of extraordinary circumstances.--
       (A) Requirement.--If restraints are used on a detainee 
     pursuant to paragraph (2), the facility administrator shall 
     make a written finding within 10 days as to the extraordinary 
     circumstance that dictated the use of the restraints.
       (B) Retention.--A written find made under subparagraph (A) 
     shall be kept on file by the detention facility for at least 
     5 years and be made available for public inspection, except 
     that no individually identifying information of any detainee 
     shall be made public without the detainee's prior written 
     consent.
       (b) Prohibition on Presence of Detention Officers During 
     Labor or Childbirth.--Upon a detainee's admission to a 
     medical facility or birthing center for labor or childbirth, 
     no detention officer shall be present in the room during 
     labor or childbirth, unless specifically requested by medical 
     personnel. If a detention officer's presence is requested by 
     medical personnel, the detention officer shall be female, if 
     practicable. If restraints are used on a detainee pursuant to 
     subsection (a)(2), a detention officer shall remain 
     immediately outside the room at all times so that the officer 
     may promptly remove the restraints if requested by medical 
     personnel, as required by subsection (a)(3)(A).
       (c) Definitions.--In this section:
       (1) Detainee.--The term ``detainee'' includes any adult or 
     juvenile person detained under the Immigration and 
     Nationality Act (8 U.S.C. 1101) or held by any Federal, 
     State, or local law enforcement agency under an immigration 
     detainer.
       (2) Detention facility.--The term ``detention facility'' 
     means a Federal, State, or local government facility, or a 
     privately owned and operated facility, that is used, in whole 
     or in part, to hold individuals under the authority of the 
     Director of U.S. Immigration and Customs Enforcement or the 
     Commissioner of U.S. Customs and Border Protection, including 
     facilities that hold such individuals under a contract or 
     agreement with the Director or Commissioner, or that is used, 
     in whole or in part, to hold individuals pursuant to an 
     immigration detainer.
       (3) Facility administrator.--The term ``facility 
     administrator'' means the official that is responsible for 
     oversight of a detention facility or the designee of such 
     official.
       (4) Labor.--The term ``labor'' means the period of time 
     before a birth during which contractions are of sufficient 
     frequency, intensity, and duration to bring about effacement 
     and progressive dilation of the cervix.
       (5) Postpartum recovery.--The term ``postpartum recovery'' 
     means, as determined by her physician, the period immediately 
     following delivery, including the entire period a woman is in 
     the hospital or infirmary after birth.
       (6) Restraint.--The term ``restraint'' means any physical 
     restraint or mechanical device used to control the movement 
     of a detainee's body or limbs, including flex cuffs, soft 
     restraints, hard metal handcuffs, a black box, Chubb cuffs, 
     leg irons, belly chains, a security (tether) chain, or a 
     convex shield.
       (d) Annual Report.--
       (1) Requirement.--Not later than 30 days before the end of 
     each fiscal year, the facility administrator of each 
     detention facility in whose custody a pregnant detainee had 
     been subject to the use of restraints during the previous 
     fiscal year shall submit to the Secretary a written report 
     that includes an account of every instance of such a use of 
     restraints. No such report may contain any individually 
     identifying information of any detainee.
       (2) Public inspection.--Each report submitted under 
     paragraph (1) shall be made available for public inspection.
       (e) Rulemaking.--The Secretary shall adopt regulations or 
     policies to carry out this section at every detention 
     facility.
                                 ______
                                 
  SA 1682. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

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

       Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 
     345) is amended--
       (1) in subsection (a), by striking paragraph (6) and 
     inserting the following:
       ``(6) investigate complaints and information indicating 
     possible abuses of civil rights or civil liberties by 
     employees and officials of the Department or that are related 
     to Departmental activities (unless the Inspector General of 
     the Department determines that such a complaint or such 
     information should be investigated by the Inspector General) 
     and, using the information gained by such investigations, 
     make recommendations to the Secretary and directorates, 
     offices, and other components of the Department for 
     improvements in policy, supervision, training, and practice 
     related to civil rights or civil liberties, or for the 
     relevant office to review the matter and take appropriate 
     disciplinary or other action.'';
       (2) by redesignating subsection (b) as subsection (e);
       (3) by inserting after subsection (a) the following:
       ``(b) Investigation of Complaints.--The head of each 
     directorate, office, or component of the Department and the 
     head of any other executive agency shall ensure that the 
     directorate, office, or component provides the Officer for 
     Civil Rights and Civil Liberties with speedy access, and in 
     no event later than 30 days after the date on which the 
     directorate, office, or component receives a request from the 
     Officer, to any information determined by the Officer to be 
     relevant to the exercise of the duties and responsibilities 
     under subsection (a) or to any investigation carried out 
     under this section, whether by providing relevant documents 
     or access to facilities or personnel.
       ``(c) Subpoenas.--
       ``(1) In general.--In carrying out the duties and 
     responsibilities under subsection (a) or as part of an 
     investigation carried out under this section, the Officer for 
     Civil Rights and Civil Liberties may require by subpoena 
     access to--
       ``(A) any institution or entity outside of the Federal 
     Government that is the subject of or related to an 
     investigation under this section; and
       ``(B) any individual, document, record, material, file, 
     report, memorandum, policy, procedure, investigation, video 
     or audio recording or other media, or quality assurance 
     report relating to any institution or entity outside of the 
     Federal Government that is the subject of or related to an 
     investigation under this section.
       ``(2) Issuance and service.--A subpoena issued under this 
     subsection shall--
       ``(A) bear the signature of the Officer for Civil Rights 
     and Civil Liberties; and
       ``(B) be served by any person or class of persons 
     designated by the Officer or an officer or employee 
     designated for that purpose.
       ``(3) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued

[[Page S5167]]

     under this subsection, the United States district court for 
     the judicial district in which the institution, entity, or 
     individual is located may issue an order requiring 
     compliance. Any failure to obey the order of the court may be 
     punished by the court as contempt of that court.
       ``(4) Use of information.--Any material obtained under a 
     subpoena issued under this subsection--
       ``(A) may not be used for any purpose other than a purpose 
     set forth in subsection (a);
       ``(B) may not be transmitted by or within the Department 
     for any purpose other than a purpose set forth in subsection 
     (a); and
       ``(C) shall be redacted, obscured, or otherwise altered if 
     used in any publicly available manner to the extent necessary 
     to prevent the disclosure of any personally identifiable 
     information.
       ``(d) Recommendations.--For any final recommendation or 
     finding made under this section by the Officer for Civil 
     Rights and Civil Liberties to the Secretary or a directorate, 
     office, or other component of the Department--
       ``(1) the Secretary shall ensure that the Department--
       ``(A) responds to the recommendation or finding within 30 
     days after the date on which the Officer communicates the 
     recommendation or finding; and
       ``(B) within 60 days after the date on which the Officer 
     communicates the recommendation or finding, provides the 
     Officer with a plan for implementation of the recommendation 
     or finding;
       ``(2) within 30 days after the date on which the Officer 
     receives an implementation plan under paragraph (1), the 
     Officer shall assess the plan and determine whether the plan 
     sufficiently addresses the underlying recommendation;
       ``(3) if the Officer determines under paragraph (2) that an 
     implementation plan is insufficient, the Secretary shall 
     ensure that the Department submits a revised implementation 
     plan that complies with the underlying recommendation within 
     30 days after the date on which the Officer communicates the 
     determination; and
       ``(4) absent any provision of law to the contrary, the 
     Officer shall provide the complainant with a summary of any 
     findings or recommendations made under this section by the 
     Officer, which shall be redacted, obscured, or otherwise 
     altered to protect the disclosure of any personally 
     identifiable information, other than the complainant's.''; 
     and
       (4) in subsection (e), as so redesignated--
       (A) by striking ``The Secretary shall'' and inserting the 
     following:
       ``(1) In general.--The Secretary shall'';
       (B) by striking ``and the appropriate committees and 
     subcommittees of Congress'' and inserting ``the appropriate 
     committees and subcommittees of Congress, and the Privacy and 
     Civil Liberties Oversight Board established under section 
     1061 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (42 U.S.C. 2000ee)'';
       (C) by striking ``, and detailing any allegations'' and all 
     that follows through ``such allegations.'' and inserting 
     ``and a compilation of the information provided in the 
     quarterly reports under paragraph (2).''; and
       (D) by adding at the end the following:
       ``(2) Quarterly reports.--
       ``(A) In general.--The Officer for Civil Rights and Civil 
     Liberties shall submit to the President of the Senate, the 
     Speaker of the House of Representatives, the appropriate 
     committees and subcommittees of Congress, and the Privacy and 
     Civil Liberties Oversight Board established under section 
     1061 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (42 U.S.C. 2000ee), on a quarterly basis, a report 
     detailing--
       ``(i) each nonfrivolous allegation of abuse received by the 
     Officer during the quarter covered by the report; and
       ``(ii) each final recommendation made or carried out under 
     subsection (a) that was completed during the quarter covered 
     by the report.
       ``(B) Contents.--Each report under this paragraph shall 
     detail--
       ``(i) for each allegation described in subparagraph (A)(i) 
     subject to a completed investigation, any final 
     recommendation made by the Officer for Civil Rights and Civil 
     Liberties and any action or response taken by the Department 
     in response; and
       ``(ii) any matter or investigation carried out under this 
     section that has been open or pending for more than 2 years.
       ``(3) Informing the public.--The Officer for Civil Rights 
     and Civil Liberties shall--
       ``(A) make each report submitted under this subsection 
     available to the public to the greatest extent that is 
     consistent with the protection of classified information and 
     applicable law; and
       ``(B) otherwise inform the public of the activities of the 
     Officer, as appropriate and in a manner consistent with the 
     protection of classified information and applicable law.''.
                                 ______
                                 
  SA 1683. Mr. PORTMAN (for himself, Mr. Chiesa, and Mr. Crapo) 
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. ____. INADMISSABILITY OF ALIENS WITH FELONY CONVICTIONS 
                   FOR DOMESTIC VIOLENCE, STALKING, OR CHILD 
                   ABUSE.

       Subparagraph (K)(i)(I) of section 212(a)(2) (8 U.S.C. 
     1182(a)(2)), as added by section 3711(c)(1)(A) of this Act, 
     is amended by striking ``the alien served at least 1 year 
     imprisonment'' and inserting the following: ``a sentence of 1 
     year imprisonment or more may be imposed''.
                                 ______
                                 
  SA 1684. Mr. PORTMAN (for himself, Mr. Chiesa, and Mr. Crapo) 
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. ____. NO DISCRETION FOR CRIMES INVOLVING MORAL TURPITUDE 
                   THAT ARE CERTAIN CRIMES AGAINST CHILDREN.

       (a) Immigration Judges.--Subparagraph (D)(ii) of section 
     240(c)(4) (8 U.S.C. 1229a(c)(4)), as added by section 2314(a) 
     of this Act, is amended--
       (1) in subclause (I), by striking ``or'' at the end;
       (2) by redesignating subclause (II) as subclause (III); and
       (3) by inserting after subclause (I) the following:

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

       (b) Secretary.--Subsection (w)(2) of section 212 (8 U.S.C. 
     1182), as added by section 2314(b) of this Act, is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following:
       ``(B) been convicted of a crime involving moral turpitude 
     that is a crime of child abuse, child neglect, contributing 
     to the delinquency of a minor through sexual acts, or child 
     abandonment; or''.
                                 ______
                                 
  SA 1685. 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 appropriate place, insert the following:

     SEC. ___. SECURING CITIZENSHIP FOR OCCUPATIONS REQUIRING 
                   EXPEDITING.

       (a) Short Title.--This section may be cited as the 
     ``Securing Citizenship for Occupations Requiring Expediting 
     Act'' or the ``SCORE Act''.
       (b) Persons Making Extraordinary Athletic Contributions.--
     Section 316 (8 U.S.C. 1427), as amended by section 2307(d), 
     is further amended--
       (1) in subsection (a), by striking ``or within the district 
     of the Service in the United States'';
       (2) in subsection (f)(1)--
       (A) by striking ``and the Commissioner of Immigration'' and 
     inserting ``, Secretary of Homeland Security''; and
       (B) by striking ``or district of the Service in the United 
     States''; and
       (3) by adding at the end the following:
       ``(h)(1) Subject to paragraph (2), if the Secretary of 
     Homeland Security determines that an applicant who is 
     otherwise eligible for naturalization will make an 
     extraordinary contribution to the United States by 
     representing the United States in an imminent international 
     athletic competition, the applicant may be naturalized 
     without regard to the residence and physical presence 
     requirements under this section.
       ``(2) Paragraph (1) shall not apply if--
       ``(A) the applicant has not resided continuously in the 
     United States for at least 6 months between the date on which 
     the applicant was lawfully admitted for permanent residence 
     and the date on which the applicant is naturalized; or
       ``(B) the alien is described in clause (i), (ii), (iii), 
     (iv), or (v) of section 208(b)(2)(A).
       ``(3) In making a determination under paragraph (1), the 
     Secretary shall presume that the applicant meets the 
     requirement under such paragraph if the alien is--
       ``(A) certified by the United States Olympic Committee as a 
     probable future Olympic athlete; or
       ``(B) certified by an official United States governing body 
     of a sport as a probable future player in an international 
     tournament sponsored by that sport's international governing 
     body.
       ``(4) The Secretary shall charge each applicant under this 
     subsection a processing fee in an amount that is 500 percent 
     greater than the standard fee charged by the Secretary for 
     processing naturalization applications.
       ``(5) The Secretary shall provide for the expedited 
     consideration and adjudication of applications for 
     naturalization under this subsection.
       ``(6) An applicant for naturalization under this subsection 
     may be administered the oath of allegiance under section 
     337(a) by any district court of the United States, without 
     regard to the residence of the applicant.
       ``(7) The number of aliens naturalized under this 
     subsection in any fiscal year shall not exceed 50.

[[Page S5168]]

       ``(8) The Secretary shall notify the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives of the filing of an application 
     for naturalization under this section within a reasonable 
     time after such filing.''.
                                 ______
                                 
  SA 1686. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. EXTENSION OF IDENTITY THEFT OFFENSES.

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

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

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

                    Subtitle _--Interior Enforcement

     SEC. _00. SHORT TITLE.

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

     SEC. _01. FUNDING.

       Of the amounts authorized to be appropriated pursuant to 
     section 3301(b), $300,000,000 to carry out title III and this 
     subtitle and the amendments made by title III and this 
     subtitle.

    CHAPTER 1--IMMIGRATION LAW ENFORCEMENT BY STATES AND LOCALITIES

     SEC. _11. DEFINITION AND SEVERABILITY.

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

     SEC. _12. IMMIGRATION LAW ENFORCEMENT BY STATES AND 
                   LOCALITIES.

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

     SEC. _13. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

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

[[Page S5169]]

     alien has already been removed from the United States; and''.
       (2) Effective date.--The Attorney General and the Secretary 
     shall ensure that the amendment made by paragraph (1) is 
     implemented by not later than 6 months after the date of the 
     enactment of this Act.

     SEC. _14. TECHNOLOGY ACCESS.

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

     SEC. _15. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF 
                   INFORMATION ABOUT APPREHENDED ALIENS.

       (a) Provision of Information.--In compliance with section 
     642(a) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373) and section 434 of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and 
     each political subdivision of a State, shall provide the 
     Secretary in a timely manner with the information specified 
     in subsection (b) with respect to each alien apprehended in 
     the jurisdiction of the State, or in the political 
     subdivision of the State, who is believed to be inadmissible 
     or deportable.
       (b) Information Required.--The information referred to in 
     subsection (a) is as follows:
       (1) The alien's name.
       (2) The alien's address or place of residence.
       (3) A physical description of the alien.
       (4) The date, time, and location of the encounter with the 
     alien and reason for stopping, detaining, apprehending, or 
     arresting the alien.
       (5) If applicable, the alien's driver's license number and 
     the State of issuance of such license.
       (6) If applicable, the type of any other identification 
     document issued to the alien, any designation number 
     contained on the identification document, and the issuing 
     entity for the identification document.
       (7) If applicable, the license plate number, make, and 
     model of any automobile registered to, or driven by, the 
     alien.
       (8) A photo of the alien, if available or readily 
     obtainable.
       (9) The alien's fingerprints, if available or readily 
     obtainable.
       (c) Annual Report on Reporting.--The Secretary shall 
     maintain and annually submit to the Congress a detailed 
     report listing the States, or the political subdivisions of 
     States, that have provided information under subsection (a) 
     in the preceding year.
       (d) Reimbursement.--The Secretary shall reimburse States, 
     and political subdivisions of a State, for all reasonable 
     costs, as determined by the Secretary, incurred by the State, 
     or the political subdivision of a State, as a result of 
     providing information under subsection (a).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (f) Construction.--Nothing in this section shall require 
     law enforcement officials of a State, or of a political 
     subdivision of a State, to provide the Secretary with 
     information related to a victim of a crime or witness to a 
     criminal offense.
       (g) Effective Date.--This section shall take effect on the 
     date that is 120 days after the date of the enactment of this 
     Act and shall apply with respect to aliens apprehended on or 
     after such date.

     SEC. _16. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE 
                   AGENCIES THAT ASSIST IN THE ENFORCEMENT OF 
                   IMMIGRATION LAWS.

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

     SEC. _17. INCREASED FEDERAL DETENTION SPACE.

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

     SEC. _18. FEDERAL CUSTODY OF INADMISSIBLE AND DEPORTABLE 
                   ALIENS IN THE UNITED STATES APPREHENDED BY 
                   STATE OR LOCAL LAW ENFORCEMENT.

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


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

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

``Sec. 240D. Custody of aliens unlawfully present in the United 
              States.''.

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

[[Page S5170]]

     SEC. _19. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT 
                   PERSONNEL RELATING TO THE ENFORCEMENT OF 
                   IMMIGRATION LAWS.

       (a) Establishment of Training Manual and Pocket Guide.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary shall establish--
       (1) a training manual for law enforcement personnel of a 
     State, or of a political subdivision of a State, to train 
     such personnel in the investigation, identification, 
     apprehension, arrest, detention, and transfer to Federal 
     custody of inadmissible and deportable aliens in the United 
     States (including the transportation of such aliens across 
     State lines to detention centers and the identification of 
     fraudulent documents); and
       (2) an immigration enforcement pocket guide for law 
     enforcement personnel of a State, or of a political 
     subdivision of a State, to provide a quick reference for such 
     personnel in the course of duty.
       (b) Availability.--The training manual and pocket guide 
     established in accordance with subsection (a) shall be made 
     available to all State and local law enforcement personnel.
       (c) Applicability.--Nothing in this section shall be 
     construed to require State or local law enforcement personnel 
     to carry the training manual or pocket guide with them while 
     on duty.
       (d) Costs.--The Secretary shall be responsible for any 
     costs incurred in establishing the training manual and pocket 
     guide.
       (e) Training Flexibility.--
       (1) In general.--The Secretary shall make training of State 
     and local law enforcement officers available through as many 
     means as possible, including through residential training at 
     the Center for Domestic Preparedness, onsite training held at 
     State or local police agencies or facilities, online training 
     courses by computer, teleconferencing, and videotape, or the 
     digital video display (DVD) of a training course or courses. 
     E-learning through a secure, encrypted distributed learning 
     system that has all its servers based in the United States, 
     is scalable, survivable, and can have a portal in place not 
     later than 30 days after the date of the enactment of this 
     Act, shall be made available by the Federal Law Enforcement 
     Training Center Distributed Learning Program for State and 
     local law enforcement personnel.
       (2) Federal personnel training.--The training of State and 
     local law enforcement personnel under this section shall not 
     displace the training of Federal personnel.
       (3) Clarification.--Nothing in this chapter or any other 
     provision of law shall be construed as making any 
     immigration-related training a requirement for, or 
     prerequisite to, any State or local law enforcement officer 
     to assist in the enforcement of Federal immigration laws.
       (4) Priority.--In carrying out this subsection, priority 
     funding shall be given for existing web-based immigration 
     enforcement training systems.

     SEC. _20. IMMUNITY.

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

     SEC. _21. CRIMINAL ALIEN IDENTIFICATION PROGRAM.

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

     SEC. _22. CLARIFICATION OF CONGRESSIONAL INTENT.

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

     SEC. _23. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

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

[[Page S5171]]

     sums as may be necessary for fiscal year 2014 and each 
     subsequent fiscal year.''.

     SEC. _14. STATE VIOLATIONS OF ENFORCEMENT OF IMMIGRATION 
                   LAWS.

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

     SEC. _25. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

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

                      CHAPTER 2--NATIONAL SECURITY

     SEC. _31. REMOVAL OF, AND DENIAL OF BENEFITS TO, TERRORIST 
                   ALIENS.

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


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

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

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

     SEC. _32. TERRORIST BAR TO GOOD MORAL CHARACTER.

       (a) Definition of Good Moral Character.--Section 101(f) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(f)) is 
     amended--
       (1) by redesignating paragraphs (1) through (9) as 
     paragraphs (2) through (10), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) one who the Secretary of Homeland Security or 
     Attorney General determines to have been at any time an alien 
     described in section 212(a)(3) or 237(a)(4), which 
     determination may be based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information;'';
       (3) in paragraph (9) (as redesignated), by inserting ``, 
     regardless whether the crime was classified as an aggravated 
     felony at the time of conviction, except that the Secretary 
     of Homeland Security or Attorney General may, in the 
     unreviewable discretion of the Secretary or Attorney General, 
     determine that this paragraph shall not apply in the case of 
     a single aggravated felony conviction (other than murder, 
     manslaughter, homicide, rape, or any sex offense when the 
     victim of such sex offense was a minor) for which completion 
     of the term of imprisonment or the sentence (whichever is 
     later) occurred 10 or more years prior to the date of 
     application'' after ``(as defined in subsection (a)(43))''; 
     and
       (4) by striking the first sentence the follows paragraph 
     (10) (as redesignated) and inserting following: ``The fact 
     that any person is not within any of the foregoing classes 
     shall not preclude a discretionary finding for

[[Page S5172]]

     other reasons that such a person is or was not of good moral 
     character. The Secretary or the Attorney General shall not be 
     limited to the applicant's conduct during the period for 
     which good moral character is required, but may take into 
     consideration as a basis for determination the applicant's 
     conduct and acts at any time.''
       (b) Aggravated Felons.--Section 509(b) of the Immigration 
     Act of 1990 (8 U.S.C. 1101 note) is amended to read as 
     follows:
       ``(b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on November 29, 1990, and shall apply to 
     convictions occurring before, on or after such date.''.
       (c) Technical Correction to the Intelligence Reform Act.--
     Section 5504(2) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458) is amended by 
     striking ``adding at the end'' and inserting ``inserting 
     after paragraph (8)''.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the date of enactment of this 
     Act, shall apply to any act that occurred before, on, or 
     after such date and shall apply to any application for 
     naturalization or any other benefit or relief, or any other 
     case or matter under the immigration laws pending on or filed 
     after such date. The amendments made by subsection (c) shall 
     take effect as if enacted in the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458).

     SEC. _33. TERRORIST BAR TO NATURALIZATION.

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

     SEC. _34. DENATURALIZATION FOR TERRORISTS.

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

     SEC. _35. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR 
                   NATIONAL SECURITY PURPOSES.

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

[[Page S5173]]

       (4) in subparagraph (D), striking ``Service'' and inserting 
     ``Department of Homeland Security''.

     SEC. _36. BACKGROUND AND SECURITY CHECKS.

       (a) Requirement to Complete Background and Security 
     Checks.--Section 103 of the Immigration and Nationality Act 
     (8 U.S.C. 1103) is amended by adding at the end the 
     following:
       ``(h) Notwithstanding any other provision of law (statutory 
     or nonstatutory), including but not limited to section 309 of 
     Public Law 107-173, sections 1361 and 1651 of title 28, 
     United States Code, and section 706(1) of title 5, United 
     States Code, neither the Secretary of Homeland Security, the 
     Attorney General, nor any court may--
       ``(1) grant, or order the grant of or adjudication of an 
     application for adjustment of status to that of an alien 
     lawfully admitted for permanent residence;
       ``(2) grant, or order the grant of or adjudication of an 
     application for United States citizenship or any other 
     status, relief, protection from removal, employment 
     authorization, or other benefit under the immigration laws;
       ``(3) grant, or order the grant of or adjudication of, any 
     immigrant or nonimmigrant petition; or
       ``(4) issue or order the issuance of any documentation 
     evidencing or related to any such grant, until such 
     background and security checks as the Secretary may in his 
     discretion require have been completed or updated to the 
     satisfaction of the Secretary.
       ``(i) Notwithstanding any other provision of law (statutory 
     or nonstatutory), including but not limited to section 309 of 
     Public Law 107-173, sections 1361 and 1651 of title 28, 
     United States Code, and section 706(1) of title 5, United 
     States Code, neither the Secretary of Homeland Security nor 
     the Attorney General may be required to--
       ``(1) grant, or order the grant of or adjudication of an 
     application for adjustment of status to that of an alien 
     lawfully admitted for permanent residence,
       ``(2) grant, or order the grant of or adjudication of an 
     application for United States citizenship or any other 
     status, relief, protection from removal, employment 
     authorization, or other benefit under the immigration laws,
       ``(3) grant, or order the grant of or adjudication of, any 
     immigrant or nonimmigrant petition, or
       ``(4) issue or order the issuance of any documentation 
     evidencing or related to any such grant, until any suspected 
     or alleged materially false information, material 
     misrepresentation or omission, concealment of a material 
     fact, fraud or forgery, counterfeiting, or alteration, or 
     falsification of a document, as determined by the Secretary, 
     relating to the adjudication of an application or petition 
     for any status (including the granting of adjustment of 
     status), relief, protection from removal, or other benefit 
     under this subsection has been investigated and resolved to 
     the Secretary's satisfaction.
       ``(j) Notwithstanding any other provision of law (statutory 
     or nonstatutory), including section 309 of the Enhanced 
     Border Security and Visa Entry Reform Act (8 U.S.C. 1738), 
     sections 1361 and 1651 of title 28, United States Code, and 
     section 706(1) of title 5, United States Code, no court shall 
     have jurisdiction to require any of the acts in subsection 
     (h) or (i) to be completed by a certain time or award any 
     relief for failure to complete or delay in completing such 
     acts.''.
       (b) Construction.--
       (1) In general.--Chapter 4 of title III of the Immigration 
     and Nationality Act (8 U.S.C. 1501 et seq.) is amended by 
     adding at the end the following:


                             ``construction

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

``362. Construction.''.

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

     SEC. _37. TECHNICAL AMENDMENTS RELATING TO THE INTELLIGENCE 
                   REFORM AND TERRORISM PREVENTION ACT OF 2004.

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

                 CHAPTER 3--REMOVAL OF CRIMINAL ALIENS

     SEC. _41. DEFINITION OF AGGRAVATED FELONY AND CONVICTION.

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

[[Page S5174]]

       (c) Effective Date; Application of Amendments.--
       (1) In general.--The amendments made by subsection (a)--
       (A) shall take effect on the date of the enactment of this 
     Act; and
       (B) shall apply to any act or conviction that occurred 
     before, on, or after such date.
       (2) Application of iirira amendments.--The amendments to 
     section 101(a)(43) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(43)) made by section 321 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009-627) shall 
     continue to apply, whether the conviction was entered before, 
     on, or after September 30, 1996.

     SEC. _42. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF 
                   AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.

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

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

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

     SEC. _43. ESPIONAGE CLARIFICATION.

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

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

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

     is inadmissible.''.

     SEC. _44. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN 
                   IMMIGRATION, NATURALIZATION, AND PEONAGE 
                   OFFENSES.

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

     SEC. _45. CONFORMING AMENDMENT TO THE DEFINITION OF 
                   RACKETEERING ACTIVITY.

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

     SEC. _46. CONFORMING AMENDMENTS FOR THE AGGRAVATED FELONY 
                   DEFINITION.

       (a) In General.--Subparagraph (P) of section 101(a)(43) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended--
       (1) by striking ``(i) which either is falsely making, 
     forging, counterfeiting, mutilating, or altering a passport 
     or instrument in violation of section 1543 of title 18, 
     United States Code, or is described in section 1546(a) of 
     such title (relating to document fraud) and (ii)'' and 
     inserting ``which is described in any

[[Page S5175]]

     section of chapter 75 of title 18, United States Code,''; and
       (2) by inserting after ``first offense'' the following: 
     ``(i) that is not described in section 1548 of such title 
     (relating to increased penalties), and (ii)''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur before, on, or after the 
     date of the enactment of this Act.

     SEC. _47. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT OF STATUS 
                   FOR AGGRAVATED FELONS.

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

     SEC. _48. INADMISSIBILITY AND DEPORTABILITY OF DRUNK DRIVERS.

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

     SEC. _49. DETENTION OF DANGEROUS ALIENS.

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

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

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

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

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

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

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

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

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

[[Page S5176]]

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

       ``(iii) No right to bond hearing.--An alien whose detention 
     is extended under this subparagraph shall have no right to 
     seek release on bond, including by reason of a certification 
     under clause (ii)(II).
       ``(C) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (B)(ii)(II) every 6 
     months, after providing an opportunity for the alien to 
     request reconsideration of the certification and to submit 
     documents or other evidence in support of that request. If 
     the Secretary does not renew a certification, the Secretary 
     may not continue to detain the alien under subparagraph 
     (B)(ii)(II).
       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in item (bb), 
     (cc), or (dd) of subparagraph (B)(ii)(II) below the level of 
     the Assistant Secretary for Immigration and Customs 
     Enforcement.
       ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General or the Attorney General's 
     designee provide for a hearing to make the determination 
     described in item (dd)(BB) of subparagraph (B)(ii)(II).
       ``(D) Release on conditions.--If it is determined that an 
     alien should be released from detention by a Federal court, 
     the Board of Immigration Appeals, or if an immigration judge 
     orders a stay of removal, the Secretary of Homeland Security, 
     in the exercise of the Secretary's discretion, may impose 
     conditions on release as provided in paragraph (3).
       ``(E) Redetention.--The Secretary of Homeland Security, in 
     the exercise of the Secretary's discretion, without any 
     limitations other than those specified in this section, may 
     again detain any alien subject to a final removal order who 
     is released from custody, if removal becomes likely in the 
     reasonably foreseeable future, the alien fails to comply with 
     the conditions of release, or to continue to satisfy the 
     conditions described in subparagraph (A), or if, upon 
     reconsideration, the Secretary, in the Secretary's sole 
     discretion, determines that the alien can be detained under 
     subparagraph (B). This section shall apply to any alien 
     returned to custody pursuant to this subparagraph, as if the 
     removal period terminated on the day of the redetention.
       ``(F) Review of determinations by secretary.--A 
     determination by the Secretary under this paragraph shall not 
     be subject to review by any other agency.''.
       (b) Detention of Aliens During Removal Proceedings.--
       (1) Clerical amendment.--(A) Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226) is amended by striking 
     ``Attorney General'' each place it appears (except in the 
     second place that term appears in section 236(a)) and 
     inserting ``Secretary of Homeland Security''.
       (B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is 
     amended by inserting ``the Secretary of Homeland Security 
     or'' before ``the Attorney General--''.
       (C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is 
     amended by striking ``Attorney General's'' and inserting 
     ``Secretary of Homeland Security's''.
       (2) Length of detention.--Section 236 of such Act (8 U.S.C. 
     1226) is amended by adding at the end the following:
       ``(f) Length of Detention.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, an alien may be detained under this section for 
     any period, without limitation, except as provided in 
     subsection (h), until the alien is subject to a final order 
     of removal.
       ``(2) Construction.--The length of detention under this 
     section shall not affect detention under section 241.''.
       (3) Detention of criminal aliens.--Section 236(c)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is 
     amended, in the matter following subparagraph (D) to read as 
     follows:
     ``any time after the alien is released, without regard to 
     whether an alien is released related to any activity, 
     offense, or conviction described in this paragraph; to 
     whether the alien is released on parole, supervised release, 
     or probation; or to whether the alien may be arrested or 
     imprisoned again for the same offense. If the activity 
     described in this paragraph does not result in the alien 
     being taken into custody by any person other than the 
     Secretary, then when the alien is brought to the attention of 
     the Secretary or when the Secretary determines it is 
     practical to take such alien into custody, the Secretary 
     shall take such alien into custody.''.
       (4) Administrative review.--Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226), as amended by paragraph 
     (2), is further amended by adding at the end the following:
       ``(g) Administrative Review.--
       ``(1) In general.--The Attorney General's review of the 
     Secretary's custody determinations under subsection (a) for 
     the following classes of aliens shall be limited to whether 
     the alien may be detained, released on bond (of at least 
     $1,500 with security approved by the Secretary), or released 
     with no bond:
       ``(A) Aliens in exclusion proceedings.
       ``(B) Aliens described in section 212(a)(3) or 237(a)(4).
       ``(C) Aliens described in subsection (c).
       ``(2) Special rule.--The Attorney General's review of the 
     Secretary's custody determinations under subsection (a) for 
     aliens in deportation proceedings subject to section 
     242(a)(2) of the Act (as in effect prior to April 1, 1997, 
     and as amended by section 440(c) of Public Law 104-132) shall 
     be limited to a determination of whether the alien is 
     properly included in such category.
       ``(h) Release on Bond.--
       ``(1) In general.--An alien detained under subsection (a) 
     may seek release on bond. No bond may be granted except to an 
     alien who establishes by clear and convincing evidence that 
     the alien is not a flight risk or a risk to another person or 
     the community.
       ``(2) Certain aliens ineligible.--No alien detained under 
     subsection (c) may seek release on bond.''.
       (5) Clerical amendments.--(A) Section 236(a)(2)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is 
     amended by striking ``conditional parole'' and inserting 
     ``recognizance''.
       (B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is 
     amended by striking ``parole'' and inserting 
     ``recognizance''.
       (c) Severability.--If any of the provisions of this section 
     or any amendment by this section, or the application of any 
     such provision to any person or circumstance, is held to be 
     invalid for any reason, the remainder of this section and of 
     amendments made by this section, and the application of the 
     provisions and of the amendments made by this section to any 
     other person or circumstance shall not be affected by such 
     holding.
       (d) Effective Dates.--
       (1) The amendments made by subsection (a) shall take effect 
     upon the date of enactment of this Act, and section 241 of 
     the Immigration and Nationality Act, as so amended, shall in 
     addition apply to--
       (A) all aliens subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act; and
       (B) acts and conditions occurring or existing before, on, 
     or after such date.
       (2) The amendments made by subsection (b) shall take effect 
     upon the date of the enactment of this Act, and section 236 
     of the Immigration and Nationality Act, as so amended, shall 
     in addition apply to any alien in detention under provisions 
     of such section on or after such date.

     SEC. _50. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR 
                   ALIEN GANG MEMBERS.

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

[[Page S5177]]

       ``(ii) to have participated in the activities of a criminal 
     gang (as defined in section 101(a)(53)), knowing or having 
     reason to know that such activities will promote, further, 
     aid, or support the illegal activity of the criminal gang.''.
       (c) Deportability.--Section 237(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(2)), as amended by 
     section 302(c) of this Act, is further amended by adding at 
     the end the following:
       ``(H) Aliens associated with criminal gangs.--Any alien is 
     deportable who the Secretary of Homeland Security or the 
     Attorney General knows or has reason to believe--
       ``(i) is or has been a member of a criminal gang (as 
     defined in section 101(a)(53)); or
       ``(ii) has participated in the activities of a criminal 
     gang (as so defined), knowing or having reason to know that 
     such activities will promote, further, aid, or support the 
     illegal activity of the criminal gang.''.
       (d) Designation.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1182) is amended by inserting 
     after section 219 the following:


                             ``designation

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

``220. Designation.''.

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

     SEC. _51. LAUNDERING OF MONETARY INSTRUMENTS.

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

     SEC. _52. INCREASED CRIMINAL PENALTIES RELATING TO ALIEN 
                   SMUGGLING AND RELATED OFFENSES.

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

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

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

[[Page S5178]]

       ``(ii) transporting the person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting the person in, harboring the person 
     in, or otherwise subjecting the person to crowded or 
     dangerous conditions;
       ``(E) if the violation caused serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code) 
     to any person, be fined under such title, imprisoned for not 
     more than 30 years, or both;
       ``(F) be fined under such title and imprisoned for not more 
     than 30 years if the violation involved an alien who the 
     offender knew or had reason to believe was--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in terrorist activity;
       ``(G) if the violation caused or resulted in the death of 
     any person, be punished by death or imprisoned for a term of 
     years up to life, and fined under title 18, United States 
     Code.
       ``(3) Limitation.--It is not a violation of subparagraph 
     (D), (E), or (F) of paragraph (1) for a religious 
     denomination having a bona fide nonprofit, religious 
     organization in the United States, or the agents or officers 
     of such denomination or organization, to encourage, invite, 
     call, allow, or enable an alien who is present in the United 
     States to perform the vocation of a minister or missionary 
     for the denomination or organization in the United States as 
     a volunteer who is not compensated as an employee, 
     notwithstanding the provision of room, board, travel, medical 
     assistance, and other basic living expenses, provided the 
     minister or missionary has been a member of the denomination 
     for at least 1 year.
       ``(4) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Seizure and Forfeiture.--
       ``(1) In general.--Any real or personal property used to 
     commit or facilitate the commission of a violation of this 
     section, the gross proceeds of such violation, and any 
     property traceable to such property or proceeds, shall be 
     subject to forfeiture.
       ``(2) Applicable procedures.--Seizures and forfeitures 
     under this subsection shall be governed by the provisions of 
     chapter 46 of title 18, United States Code, relating to civil 
     forfeitures, except that such duties as are imposed upon the 
     Secretary of the Treasury under the customs laws described in 
     section 981(d) shall be performed by such officers, agents, 
     and other persons as may be designated for that purpose by 
     the Secretary of Homeland Security.
       ``(3) Prima facie evidence in determinations of 
     violations.--In determining whether a violation of subsection 
     (a) has occurred, prima facie evidence that an alien involved 
     in the alleged violation lacks lawful authority to come to, 
     enter, reside in, remain in, or be in the United States or 
     that such alien had come to, entered, resided in, remained 
     in, or been present in the United States in violation of law 
     may include:
       ``(A) any order, finding, or determination concerning the 
     alien's status or lack of status made by a Federal judge or 
     administrative adjudicator (including an immigration judge or 
     immigration officer) during any judicial or administrative 
     proceeding authorized under Federal immigration law;
       ``(B) official records of the Department of Homeland 
     Security, the Department of Justice, or the Department of 
     State concerning the alien's status or lack of status; and
       ``(C) testimony by an immigration officer having personal 
     knowledge of the facts concerning the alien's status or lack 
     of status.
       ``(c) Authority to Arrest.--No officer or person shall have 
     authority to make any arrests for a violation of any 
     provision of this section except:
       ``(1) officers and employees designated by the Secretary of 
     Homeland Security, either individually or as a member of a 
     class; and
       ``(2) other officers responsible for the enforcement of 
     Federal criminal laws.
       ``(d) Admissibility of Videotaped Witness Testimony.--
     Notwithstanding any provision of the Federal Rules of 
     Evidence, the videotaped or otherwise audiovisually preserved 
     deposition of a witness to a violation of subsection (a) who 
     has been deported or otherwise expelled from the United 
     States, or is otherwise unavailable to testify, may be 
     admitted into evidence in an action brought for that 
     violation if:
       ``(1) the witness was available for cross examination at 
     the deposition by the party, if any, opposing admission of 
     the testimony; and
       ``(2) the deposition otherwise complies with the Federal 
     Rules of Evidence.
       ``(e) Definitions.--In this section:
       ``(1) Cross the border to the united states.--The term 
     `cross the border' refers to the physical act of crossing the 
     border, regardless of whether the alien is free from official 
     restraint.
       ``(2) Lawful authority.--The term `lawful authority' means 
     permission, authorization, or license that is expressly 
     provided for in the immigration laws of the United States or 
     accompanying regulations. The term does not include any such 
     authority secured by fraud or otherwise obtained in violation 
     of law or authority sought, but not approved. No alien shall 
     be deemed to have lawful authority to come to, enter, reside 
     in, remain in, or be in the United States if such coming to, 
     entry, residence, remaining, or presence was, is, or would be 
     in violation of law.
       ``(3) Proceeds.--The term `proceeds' includes any property 
     or interest in property obtained or retained as a consequence 
     of an act or omission in violation of this section.
       ``(4) Unlawful transit.--The term `unlawful transit' means 
     travel, movement, or temporary presence that violates the 
     laws of any country in which the alien is present or any 
     country from which or to which the alien is traveling or 
     moving.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act is amended by striking the 
     item relating to section 274 and inserting the following:

``Sec. 274. Alien smuggling and related offenses.''.

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

     SEC. _53. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

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


                            ``illegal entry

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

[[Page S5179]]

       ``(A) not less than $50 or more than $250 for each such 
     entry, crossing, attempted entry, or attempted crossing; or
       ``(B) twice the amount specified in paragraph (1) if the 
     alien had previously been subject to a civil penalty under 
     this subsection.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act is amended by striking the 
     item relating to section 275 and inserting the following:

``275. Illegal entry.''.

     SEC. _54. ILLEGAL REENTRY.

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


                       ``reentry of removed alien

       ``Sec. 276.  (a) Reentry After Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed, or who 
     has departed the United States while an order of exclusion, 
     deportation, or removal is outstanding, and subsequently 
     enters, attempts to enter, crosses the border to, attempts to 
     cross the border to, or is at any time found in the United 
     States, shall be fined under title 18, United States Code, 
     imprisoned not more than 2 years, or both.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection was convicted before such removal or 
     departure:
       ``(1) for 3 or more misdemeanors or for a felony, the alien 
     shall be fined under title 18, United States Code, imprisoned 
     not more than 10 years, or both;
       ``(2) for a felony for which the alien was sentenced to a 
     term of imprisonment of not less than 30 months, the alien 
     shall be fined under such title, imprisoned not more than 15 
     years, or both;
       ``(3) for a felony for which the alien was sentenced to a 
     term of imprisonment of not less than 60 months, the alien 
     shall be fined under such title, imprisoned not more than 20 
     years, or both;
       ``(4) for murder, rape, kidnapping, or a felony offense 
     described in chapter 77 (relating to peonage and slavery) or 
     113B (relating to terrorism) of such title, or for 3 or more 
     felonies of any kind, the alien shall be fined under such 
     title, imprisoned not more than 25 years, or both.
       ``(c) Reentry After Repeated Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed 3 or 
     more times and thereafter enters, attempts to enter, crosses 
     the border to, attempts to cross the border to, or is at any 
     time found in the United States, shall be fined under title 
     18, United States Code, imprisoned not more than 10 years, or 
     both.
       ``(d) Proof of Prior Convictions.--The prior convictions 
     described in subsection (b) are elements of the crimes 
     described, and the penalties in that subsection shall apply 
     only in cases in which the conviction or convictions that 
     form the basis for the additional penalty are--
       ``(1) alleged in the indictment or information; and
       ``(2) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(e) Affirmative Defenses.--It shall be an affirmative 
     defense to a violation of this section that--
       ``(1) prior to the alleged violation, the alien had sought 
     and received the express consent of the Secretary of Homeland 
     Security to reapply for admission into the United States; or
       ``(2) with respect to an alien previously denied admission 
     and removed, the alien--
       ``(A) was not required to obtain such advance consent under 
     the Immigration and Nationality Act or any prior Act; and
       ``(B) had complied with all other laws and regulations 
     governing the alien's admission into the United States.
       ``(f) Limitation on Collateral Attack on Underlying Removal 
     Order.--In a criminal proceeding under this section, an alien 
     may not challenge the validity of any prior removal order 
     concerning the alien.
       ``(g) Reentry of Alien Removed Prior to Completion of Term 
     of Imprisonment.--Any alien removed pursuant to section 
     241(a)(4) who enters, attempts to enter, crosses the border 
     to, attempts to cross the border to, or is at any time found 
     in, the United States shall be incarcerated for the remainder 
     of the sentence of imprisonment which was pending at the time 
     of deportation without any reduction for parole or supervised 
     release unless the alien affirmatively demonstrates that the 
     Secretary of Homeland Security has expressly consented to the 
     alien's reentry. Such alien shall be subject to such other 
     penalties relating to the reentry of removed aliens as may be 
     available under this section or any other provision of law.
       ``(h) Definitions.--For purposes of this section and 
     section 275, the following definitions shall apply:
       ``(1) Crosses the border to the united states.--The term 
     `crosses the border' refers to the physical act of crossing 
     the border, regardless of whether the alien is free from 
     official restraint.
       ``(2) Felony.--The term `felony' means any criminal offense 
     punishable by a term of imprisonment of more than 1 year 
     under the laws of the United States, any State, or a foreign 
     government.
       ``(3) Misdemeanor.--The term `misdemeanor' means any 
     criminal offense punishable by a term of imprisonment of not 
     more than 1 year under the applicable laws of the United 
     States, any State, or a foreign government.
       ``(4) Removal.--The term `removal' includes any denial of 
     admission, exclusion, deportation, or removal, or any 
     agreement by which an alien stipulates or agrees to 
     exclusion, deportation, or removal.
       ``(5) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.

     SEC. _55. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD 
                   OFFENSES.

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

                   ``CHAPTER 75--PASSPORTS AND VISAS

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

     ``Sec. 1541. Issuance without authority

       ``(a) In General.--Whoever--
       ``(1) acting or claiming to act in any office or capacity 
     under the United States, or a State, without lawful authority 
     grants, issues, or verifies any passport or other instrument 
     in the nature of a passport to or for any person; or
       ``(2) being a consular officer authorized to grant, issue, 
     or verify passports, knowingly grants, issues, or verifies 
     any such passport to or for any person not owing allegiance, 
     to the United States, whether a citizen or not;

     shall be fined under this title or imprisoned not more than 
     15 years, or both.
       ``(b) Definition.--In this section, the term `State' means 
     a State of the United States, the District of Columbia, and 
     any commonwealth, territory, or possession of the United 
     States.

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

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

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

       ``Whoever--
       ``(1) falsely makes, forges, counterfeits, mutilates, or 
     alters any passport or instrument purporting to be a 
     passport, with intent that the same may be used; or
       ``(2) knowingly uses, or attempts to use, or furnishes to 
     another for use any such false, forged, counterfeited, 
     mutilated, or altered passport or instrument purporting to be 
     a passport, or any passport validly issued which has become 
     void by the occurrence of any condition therein prescribed 
     invalidating the same;

     shall be fined under this title or imprisoned not more than 
     15 years, or both.

     ``Sec. 1544. Misuse of a passport

       ``Whoever knowingly--
       ``(1) uses any passport issued or designed for the use of 
     another;
       ``(2) uses any passport in violation of the conditions or 
     restrictions therein contained, or in violation of the laws, 
     regulations, or rules governing the issuance and use of the 
     passport;
       ``(3) secures, possesses, uses, receives, buys, sells, or 
     distributes any passport knowing it to be forged, 
     counterfeited, altered, falsely made, procured by fraud, 
     stolen, or produced or issued without lawful authority; or
       ``(4) violates the terms and conditions of any safe conduct 
     duly obtained and issued under the authority of the United 
     States;

     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1545. Schemes to defraud aliens

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

     ``Sec. 1546. Immigration and visa fraud

       ``Whoever knowingly--
       ``(1) uses any immigration document issued or designed for 
     the use of another;
       ``(2) forges, counterfeits, alters, or falsely makes any 
     immigration document;
       ``(3) mails, prepares, presents, or signs any immigration 
     document knowing it to contain any materially false statement 
     or representation;
       ``(4) secures, possesses, uses, transfers, receives, buys, 
     sells, or distributes any immigration document knowing it to 
     be forged,

[[Page S5180]]

     counterfeited, altered, falsely made, stolen, procured by 
     fraud, or produced or issued without lawful authority;
       ``(5) adopts or uses a false or fictitious name to evade or 
     to attempt to evade the immigration laws;
       ``(6) transfers or furnishes, without lawful authority, an 
     immigration document to another person for use by a person 
     other than the person for whom the immigration document was 
     issued or designed; or
       ``(7) produces, issues, authorizes, or verifies, without 
     lawful authority, an immigration document;
     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1547. Attempts and conspiracies

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

     ``Sec. 1548. Alternative penalties for certain offenses

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

     ``Sec. 1549. Definitions

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

     SEC. _56. FORFEITURE.

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

     SEC. _57. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON 
                   CRIMINAL OR SECURITY GROUNDS.

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

     SEC. _58. INCREASED PENALTIES BARRING THE ADMISSION OF 
                   CONVICTED SEX OFFENDERS FAILING TO REGISTER AND 
                   REQUIRING DEPORTATION OF SEX OFFENDERS FAILING 
                   TO REGISTER.

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

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

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

     SEC. _59. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

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

     SEC. _60. CLARIFICATION TO CRIMES OF VIOLENCE AND CRIMES 
                   INVOLVING MORAL TURPITUDE.

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

     SEC. _61. PENALTIES FOR FAILURE TO OBEY REMOVAL ORDERS.

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

     SEC. _62. PARDONS.

       (a) Definition.--Section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)), as amended by section 
     311(a) of this Act, is further amended by adding at the end 
     the following:
       ``(54) The term `pardon' means a full and unconditional 
     pardon granted by the President of the United States, 
     Governor of any of

[[Page S5181]]

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

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

     SEC. _71. ICE IMMIGRATION ENFORCEMENT AGENTS.

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

     SEC. _72. ICE DETENTION ENFORCEMENT OFFICERS.

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

     SEC. _73. ENSURING THE SAFETY OF ICE OFFICERS AND AGENTS.

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

     SEC. _74. ICE ADVISORY COUNCIL.

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

     SEC. _75. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.

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

     SEC. _76. ADDITIONAL ICE DEPORTATION OFFICERS AND SUPPORT 
                   STAFF.

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

     SEC. _77. ADDITIONAL ICE PROSECUTORS.

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

[[Page S5182]]

            CHAPTER 5--MISCELLANEOUS ENFORCEMENT PROVISIONS

     SEC. _81. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

       (a) In General.--Section 240B of the Immigration and 
     Nationality Act (8 U.S.C. 1229c) is amended--
       (1) in subsection (a)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Instead of removal proceedings.--If an alien is not 
     described in paragraph (2)(A)(iii) or (4) of section 237(a), 
     the Secretary of Homeland Security may permit the alien to 
     voluntarily depart the United States at the alien's own 
     expense under this subsection instead of being subject to 
     proceedings under section 240.'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraph (2) as paragraph (3);
       (D) by adding after paragraph (1) the following:
       ``(2) Before the conclusion of removal proceedings.--If an 
     alien is not described in paragraph (2)(A)(iii) or (4) of 
     section 237(a), the Attorney General may permit the alien to 
     voluntarily depart the United States at the alien's own 
     expense under this subsection after the initiation of removal 
     proceedings under section 240 and before the conclusion of 
     such proceedings before an immigration judge.'';
       (E) in paragraph (3), as redesignated--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) Instead of removal.--Subject to subparagraph (C), 
     permission to voluntarily depart under paragraph (1) shall 
     not be valid for any period in excess of 120 days. The 
     Secretary may require an alien permitted to voluntarily 
     depart under paragraph (1) to post a voluntary departure 
     bond, to be surrendered upon proof that the alien has 
     departed the United States within the time specified.'';
       (ii) by redesignating subparagraphs (B), (C), and (D) as 
     paragraphs (C), (D), and (E), respectively;
       (iii) by adding after subparagraph (A) the following:
       ``(B) Before the conclusion of removal proceedings.--
     Permission to voluntarily depart under paragraph (2) shall 
     not be valid for any period in excess of 60 days, and may be 
     granted only after a finding that the alien has the means to 
     depart the United States and intends to do so. An alien 
     permitted to voluntarily depart under paragraph (2) shall 
     post a voluntary departure bond, in an amount necessary to 
     ensure that the alien will depart, to be surrendered upon 
     proof that the alien has departed the United States within 
     the time specified. An immigration judge may waive the 
     requirement to post a voluntary departure bond in individual 
     cases upon a finding that the alien has presented compelling 
     evidence that the posting of a bond will pose a serious 
     financial hardship and the alien has presented credible 
     evidence that such a bond is unnecessary to guarantee timely 
     departure.''.
       (iv) in subparagraph (C), as redesignated, by striking 
     ``subparagraphs (C) and(D)(ii)'' and inserting 
     ``subparagraphs (D) and (E)(ii)'';
       (v) in subparagraph (D), as redesignated, by striking 
     ``subparagraph (B)'' each place that term appears and 
     inserting ``subparagraph (C)'';
       (vi) in subparagraph (E), as redesignated, by striking 
     ``subparagraph (B)'' each place that term appears and 
     inserting ``subparagraph (C)'';
       (F) in paragraph (4), by striking ``paragraph (1)'' and 
     inserting ``paragraphs (1) and (2)'';
       (2) in subsection (b)(2), by striking ``a period exceeding 
     60 days'' and inserting ``any period in excess of 45 days'';
       (3) by amending subsection (c) to read as follows:
       ``(c) Conditions on Voluntary Departure.--
       ``(1) Voluntary departure agreement.--Voluntary departure 
     may only be granted as part of an affirmative agreement by 
     the alien. A voluntary departure agreement under subsection 
     (b) shall include a waiver of the right to any further 
     motion, appeal, application, petition, or petition for review 
     relating to removal or relief or protection from removal.
       ``(2) Concessions by the secretary.--In connection with the 
     alien's agreement to depart voluntarily under paragraph (1), 
     the Secretary of Homeland Security may agree to a reduction 
     in the period of inadmissibility under subparagraph (A) or 
     (B)(i) of section 212(a)(9).
       ``(3) Advisals.--Agreements relating to voluntary departure 
     granted during removal proceedings under section 240, or at 
     the conclusion of such proceedings, shall be presented on the 
     record before the immigration judge. The immigration judge 
     shall advise the alien of the consequences of a voluntary 
     departure agreement before accepting such agreement.
       ``(4) Failure to comply with agreement.--
       ``(A) In general.--If an alien agrees to voluntary 
     departure under this section and fails to depart the United 
     States within the time allowed for voluntary departure or 
     fails to comply with any other terms of the agreement 
     (including failure to timely post any required bond), the 
     alien is--
       ``(i) ineligible for the benefits of the agreement;
       ``(ii) subject to the penalties described in subsection 
     (d); and
       ``(iii) subject to an alternate order of removal if 
     voluntary departure was granted under subsection (a)(2) or 
     (b).
       ``(B) Effect of filing timely appeal.--If, after agreeing 
     to voluntary departure, the alien files a timely appeal of 
     the immigration judge's decision granting voluntary 
     departure, the alien may pursue the appeal instead of the 
     voluntary departure agreement. Such appeal operates to void 
     the alien's voluntary departure agreement and the 
     consequences of such agreement, but precludes the alien from 
     another grant of voluntary departure while the alien remains 
     in the United States.
       ``(5) Voluntary departure period not affected.--Except as 
     expressly agreed to by the Secretary in writing in the 
     exercise of the Secretary's discretion before the expiration 
     of the period allowed for voluntary departure, no motion, 
     appeal, application, petition, or petition for review shall 
     affect, reinstate, enjoin, delay, stay, or toll the alien's 
     obligation to depart from the United States during the period 
     agreed to by the alien and the Secretary.'';
       (4) by amending subsection (d) to read as follows:
       ``(d) Penalties for Failure to Depart.--If an alien is 
     permitted to voluntarily depart under this section and fails 
     to voluntarily depart from the United States within the time 
     period specified or otherwise violates the terms of a 
     voluntary departure agreement, the alien will be subject to 
     the following penalties:
       ``(1) Civil penalty.--The alien shall be liable for a civil 
     penalty of $3,000. The order allowing voluntary departure 
     shall specify the amount of the penalty, which shall be 
     acknowledged by the alien on the record. If the Secretary 
     thereafter establishes that the alien failed to depart 
     voluntarily within the time allowed, no further procedure 
     will be necessary to establish the amount of the penalty, and 
     the Secretary may collect the civil penalty at any time 
     thereafter and by whatever means provided by law. An alien 
     will be ineligible for any benefits under this chapter until 
     this civil penalty is paid.
       ``(2) Ineligibility for relief.--The alien shall be 
     ineligible during the time the alien remains in the United 
     States and for a period of 10 years after the alien's 
     departure for any further relief under this section and 
     sections 240A, 245, 248, and 249. The order permitting the 
     alien to depart voluntarily shall inform the alien of the 
     penalties under this subsection.
       ``(3) Reopening.--The alien shall be ineligible to reopen 
     the final order of removal that took effect upon the alien's 
     failure to depart, or upon the alien's other violations of 
     the conditions for voluntary departure, during the period 
     described in paragraph (2). This paragraph does not preclude 
     a motion to reopen to seek withholding of removal under 
     section 241(b)(3) or protection against torture, if the 
     motion--
       ``(A) presents material evidence of changed country 
     conditions arising after the date of the order granting 
     voluntary departure in the country to which the alien would 
     be removed; and
       ``(B) makes a sufficient showing to the satisfaction of the 
     Attorney General that the alien is otherwise eligible for 
     such protection.''; and
       (5) by amending subsection (e) to read as follows:
       ``(e) Eligibility.--
       ``(1) Prior grant of voluntary departure.--An alien shall 
     not be permitted to voluntarily depart under this section if 
     the Secretary of Homeland Security or the Attorney General 
     previously permitted the alien to depart voluntarily.
       ``(2) Rulemaking.--The Secretary may promulgate regulations 
     to limit eligibility or impose additional conditions for 
     voluntary departure under subsection (a)(1) for any class of 
     aliens. The Secretary or Attorney General may by regulation 
     limit eligibility or impose additional conditions for 
     voluntary departure under subsections (a)(2) or (b) of this 
     section for any class or classes of aliens.''.
       (6) in subsection (f), by adding at the end the following: 
     ``Notwithstanding section 242(a)(2)(D) of this Act, sections 
     1361, 1651, and 2241 of title 28, United States Code, any 
     other habeas corpus provision, and any other provision of law 
     (statutory or nonstatutory), no court shall have jurisdiction 
     to affect, reinstate, enjoin, delay, stay, or toll the period 
     allowed for voluntary departure under this section.''.
       (b) Rulemaking.--The Secretary shall within one year of the 
     date of enactment of this Act promulgate regulations to 
     provide for the imposition and collection of penalties for 
     failure to depart under section 240B(d) of the Immigration 
     and Nationality Act (8 U.S.C. 1229c(d)).
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply with respect to 
     all orders granting voluntary departure under section 240B of 
     the Immigration and Nationality Act (8 U.S.C. 1229c) made on 
     or after the date that is 180 days after the enactment of 
     this Act.
       (2) Exception.--The amendment made by subsection (a)(6) 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to any petition for review which 
     is filed on or after such date.

[[Page S5183]]

     SEC. _82. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN 
                   THE UNITED STATES UNLAWFULLY.

       (a) Inadmissible Aliens.--Section 212(a)(9)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(A)) is 
     amended--
       (1) in clause (i), by striking ``seeks admission within 5 
     years of the date of such removal (or within 20 years'' and 
     inserting ``seeks admission not later than 5 years after the 
     date of the alien's removal (or not later than 20 years after 
     the alien's removal''; and
       (2) in clause (ii), by striking ``seeks admission within 10 
     years of the date of such alien's departure or removal (or 
     within 20 years of'' and inserting ``seeks admission not 
     later than 10 years after the date of the alien's departure 
     or removal (or not later than 20 years after''.
       (b) Bar on Discretionary Relief.--Section 274D of such Act 
     (8 U.S.C. 324d) is amended--
       (1) in subsection (a), by striking ``Commissioner'' and 
     inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(c) Ineligibility for Relief.--
       ``(1) In general.--Unless a timely motion to reopen is 
     granted under section 240(c)(6), an alien described in 
     subsection (a) shall be ineligible for any discretionary 
     relief from removal (including cancellation of removal and 
     adjustment of status) during the time the alien remains in 
     the United States and for a period of 10 years after the 
     alien's departure from the United States.
       ``(2) Savings provision.--Nothing in paragraph (1) shall 
     preclude a motion to reopen to seek withholding of removal 
     under section 241(b)(3) or protection against torture, if the 
     motion--
       ``(A) presents material evidence of changed country 
     conditions arising after the date of the final order of 
     removal in the country to which the alien would be removed; 
     and
       ``(B) makes a sufficient showing to the satisfaction of the 
     Attorney General that the alien is otherwise eligible for 
     such protection.''.
       (c) Effective Dates.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     with respect to aliens who are subject to a final order of 
     removal entered before, on, or after such date.

     SEC. _83. REINSTATEMENT OF REMOVAL ORDERS.

       (a) In General.--Section 241(a)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as 
     follows:
       ``(5) Reinstatement of removal orders against aliens 
     illegally reentering.--If the Secretary of Homeland Security 
     finds that an alien has entered the United States illegally 
     after having been removed, deported, or excluded or having 
     departed voluntarily, under an order of removal, deportation, 
     or exclusion, regardless of the date of the original order or 
     the date of the illegal entry--

       ``(A) the order of removal, deportation, or exclusion is 
     reinstated from its original date and is not subject to being 
     reopened or reviewed notwithstanding section 242(a)(2)(D);
       ``(B) the alien is not eligible and may not apply for any 
     relief under this Act, regardless of the date that an 
     application or request for such relief may have been filed or 
     made; and
       ``(C) the alien shall be removed under the order of 
     removal, deportation, or exclusion at any time after the 
     illegal entry.

     Reinstatement under this paragraph shall not require 
     proceedings under section 240 or other proceedings before an 
     immigration judge''.
       (b) Judicial Review.--Section 242 of the Immigration and 
     Nationality Act (8 U.S.C. 1252) is amended by adding at the 
     end the following:
       ``(h) Judicial Review of Reinstatement Under Section 
     241(a)(5).--
       ``(1) Review of reinstatement.--Judicial review of 
     determinations under section 241(a)(5) is available in an 
     action under subsection (a).
       ``(2) No review of original order.--Notwithstanding any 
     other provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, any other 
     habeas corpus provision, or sections 1361 and 1651 of such 
     title, no court shall have jurisdiction to review any cause 
     or claim, arising from, or relating to, any challenge to the 
     original order.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect as if enacted on April 1, 1997, and 
     shall apply to all orders reinstated or after that date by 
     the Secretary (or by the Attorney General prior to March 1, 
     2003), regardless of the date of the original order.

     SEC. _84. CLARIFICATION WITH RESPECT TO DEFINITION OF 
                   ADMISSION.

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

     SEC. _85. REPORTS TO CONGRESS ON THE EXERCISE AND ABUSE OF 
                   PROSECUTORIAL DISCRETION.

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

                        CHAPTER _--OTHER MATTERS

     SEC. _91. REQUIRING HEIGHTENED SCRUTINY OF APPLICATIONS FOR 
                   ADMISSION FROM PERSONS LISTED ON TERRORIST 
                   DATABASES.

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

     SEC. _92. VISA REVOCATION.

       (a) Authority of the Secretary of Homeland Security and the 
     Secretary of State.--
       (1) In general.--Section 428 of the Homeland Security Act 
     of 2002 (6 U.S.C. 236) is amended by striking subsections (b) 
     and (c) and inserting the following:
       ``(b) Authority of the Secretary of Homeland Security.--
       ``(1) In general.--Notwithstanding section 104(a) of the 
     Immigration and Nationality

[[Page S5184]]

     Act (8 U.S.C. 1104(a)) or any other provision of law, and 
     except as provided in subsection (c) and except for the 
     authority of the Secretary of State under subparagraphs (A) 
     and (G) of section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)), the Secretary--
       ``(A) shall have exclusive authority to issue regulations, 
     establish policy, and administer and enforce the provisions 
     of the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.) and all other immigration or nationality laws relating 
     to the functions of consular officers of the United States in 
     connection with the granting and refusal of a visa; and
       ``(B) may refuse or revoke any visa to any alien or class 
     of aliens if the Secretary, or designee, determines that such 
     refusal or revocation is necessary or advisable in the 
     security interests of the United States.
       ``(2) Effect of revocation.--The revocation of any visa 
     under paragraph (1)(B)--
       ``(A) shall take effect immediately; and
       ``(B) shall automatically cancel any other valid visa that 
     is in the alien's possession.
       ``(3) Judicial review.--Notwithstanding any other provision 
     of law, including section 2241 of title 28, United States 
     Code, or any other habeas corpus provision, and sections 1361 
     and 1651 of such title, no court shall have jurisdiction to 
     review a decision by the Secretary of Homeland Security to 
     refuse or revoke a visa, and no court shall have jurisdiction 
     to hear any claim arising from, or any challenge to, such a 
     refusal or revocation.
       ``(c) Authority of the Secretary of State.--
       ``(1) In general.--The Secretary of State may direct a 
     consular officer to refuse a visa requested by an alien if 
     the Secretary of State determines such refusal to be 
     necessary or advisable in the interests of the United States.
       ``(2) Limitation.--No decision by the Secretary of State to 
     approve a visa may override a decision by the Secretary of 
     Homeland Security under subsection (b).''.
       (2) Conforming amendment.--Section 237(a)(1)(B) (8 U.S.C. 
     1227(a)(1)(B)) is amended by striking ``under section 
     221(i)''.
       (3) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to visa refusals and revocations occurring 
     before, on, or after such date.
       (b) Technical Corrections to the Homeland Security Act.--
     Section 428(a) of the Homeland Security Act of 2002 (6 U.S.C. 
     236) is amended by--
       (1) striking ``subsection'' and inserting ``section''; and
       (2) striking ``consular office'' and inserting ``consular 
     officer''.
       (c) Visa Revocation Information.--Section 428

     SEC. _93. CANCELLATION OF ADDITIONAL VISAS.

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

     SEC. _94. VISA INFORMATION SHARING.

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

     SEC. _95. AUTHORIZING THE DEPARTMENT OF STATE TO NOT 
                   INTERVIEW CERTAIN INELIGIBLE VISA APPLICANTS.

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

     SEC. _96. FUNDING FOR THE VISA SECURITY PROGRAM.

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

     SEC. _97. EXPEDITIOUS EXPANSION OF VISA SECURITY PROGRAM TO 
                   HIGH-RISK POSTS.

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

     SEC. _98. EXPEDITED CLEARANCE AND PLACEMENT OF DEPARTMENT OF 
                   HOMELAND SECURITY PERSONNEL AT OVERSEAS 
                   EMBASSIES AND CONSULAR POSTS.

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

     SEC. _99. INCREASED CRIMINAL PENALTIES FOR STUDENT VISA 
                   INTEGRITY.

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

     SEC. _99A. VISA FRAUD.

       (a) Temporary Suspension of SEVIS Access.--Section 641(d) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended--
       (1) in paragraph (1)(A), by striking ``institution,,'' and 
     inserting ``institution,''; and
       (2) by adding at the end the following:
       ``(3) Effect of reasonable suspicion of fraud.--If the 
     Secretary of Homeland Security has reasonable suspicion that 
     an owner of, or a designated school official at, an approved 
     institution of higher education, an

[[Page S5185]]

     other approved educational institution, or a designated 
     exchange visitor program has committed fraud or attempted to 
     commit fraud relating to any aspect of the Student and 
     Exchange Visitor Program, the Secretary may immediately 
     suspend, without notice, such official's or such school's 
     access to the Student and Exchange Visitor Information System 
     (SEVIS), including the ability to issue Form I-20s, pending a 
     final determination by the Secretary with respect to the 
     institution's certification under the Student and Exchange 
     Visitor Program.''.
       (b) Effect of Conviction for Visa Fraud.--Such section 
     641(d), as amended by subsection (a)(2), is further amended 
     by adding at the end the following:
       ``(4) Permanent disqualification for fraud.--A designated 
     school official at, or an owner of, an approved institution 
     of higher education, an other approved educational 
     institution, or a designated exchange visitor program who is 
     convicted for fraud relating to any aspect of the Student and 
     Exchange Visitor Program shall be permanently disqualified 
     from filing future petitions and from having an ownership 
     interest or a management role, including serving as a 
     principal, owner, officer, board member, general partner, 
     designated school official, or any other position of 
     substantive authority for the operations or management of the 
     institution, in any United States educational institution 
     that enrolls nonimmigrant alien students described in 
     subparagraph (F) or (M) of section 101(a)(15) the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)).''.

     SEC. _99B. BACKGROUND CHECKS.

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

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

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

     SEC. _99C. FLIGHT SCHOOLS NOT CERTIFIED BY FAA.

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

     SEC. _99D. REVOCATION OF ACCREDITATION.

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

     SEC. _99E. REPORT ON RISK ASSESSMENT.

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

     SEC. _99F. IMPLEMENTATION OF GAO RECOMMENDATIONS.

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

     SEC. _99G. IMPLEMENTATION OF SEVIS II.

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

     SEC. _99H. DEFINITIONS.

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

     SEC. _99I. ACCREDITATION REQUIREMENTS.

       (a) Colleges, Universities, and Language Training 
     Programs.--Section 101(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)) is amended--
       (1) in paragraph (15)(F)(i)--
       (A) by striking ``section 214(1) at an established college, 
     university, seminary, conservatory or in an accredited 
     language training program in the United States'' and 
     inserting ``section 214(m) at an accredited college, 
     university, or language training program, or at an 
     established seminary, conservatory, academic high school, 
     elementary school, or other academic institution in the 
     United States''; and
       (B) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (C) by amending paragraph (52) to read as follows:
       ``(52) Except as provided in section 214(m)(4), the term 
     `accredited college, university, or language training 
     program' means a college, university, or language training 
     program that is accredited by an accrediting agency 
     recognized by the Secretary of Education.''.
       (b) Other Academic Institutions.--Section 214(m) (8 U.S.C. 
     1184(m)) is amended by adding at the end the following:
       ``(3) The Secretary of Homeland Security shall require 
     accreditation of an academic institution (except for 
     seminaries or other religious institutions) for purposes of 
     section 101(a)(15)(F) if--
       ``(A) that institution is not already required to be 
     accredited under section 101(a)(15)(F)(i); and
       ``(B) an appropriate accrediting agency recognized by the 
     Secretary of Education is able to provide such accreditation.
       ``(4) The Secretary of Homeland Security, in the 
     Secretary's discretion, may waive the accreditation 
     requirement in paragraph (3) or section 101(a)(15)(F)(i) with 
     respect to an institution if such institution--
       ``(A) is otherwise in compliance with the requirements of 
     section 101(a)(15)(F)(i); and
       ``(B) has been a candidate for accreditation for at least 1 
     year and continues to progress toward accreditation by an 
     accrediting agency recognized by the Secretary of 
     Education.''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall--

[[Page S5186]]

       (A) take effect on the date that is 180 days after the date 
     of enactment of this Act; and
       (B) apply with respect to applications for nonimmigrant 
     visas that are filed on or after the effective date described 
     in subparagraph (A).
       (2) Temporary exception.--During the 3-year period 
     beginning on the effective date described in paragraph 
     (1)(A), an institution that is newly required to be 
     accredited under this section may continue to participate in 
     the Student and Exchange Visitor Program notwithstanding the 
     institution's lack of accreditation if the institution--
       (A) was certified under the Student and Exchange Visitor 
     Program on such date;
       (B) submitted an application for accreditation to an 
     accrediting agency recognized by the Secretary of Education 
     during the 6-month period ending on such date; and
       (C) continues to progress toward accreditation by such 
     accrediting agency.

     SEC. _99J. VISA FRAUD.

       (a) Temporary Suspension of SEVIS Access.--Section 641(d) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended--
       (1) in paragraph (1)(A), by striking ``institution,,'' and 
     inserting ``institution,''; and
       (2) by adding at the end the following:
       ``(3) Effect of reasonable suspicion of fraud.--If the 
     Secretary of Homeland Security has reasonable suspicion that 
     an owner of, or a designated school official at, an approved 
     institution of higher education, an other approved 
     educational institution, or a designated exchange visitor 
     program has committed fraud or attempted to commit fraud 
     relating to any aspect of the Student and Exchange Visitor 
     Program, the Secretary may immediately suspend, without 
     notice, such official's or such school's access to the 
     Student and Exchange Visitor Information System (SEVIS), 
     including the ability to issue Form I-20s, pending a final 
     determination by the Secretary with respect to the 
     institution's certification under the Student and Exchange 
     Visitor Program.''.
       (b) Effect of Conviction for Visa Fraud.--Such section 
     641(d), as amended by subsection (a)(2), is further amended 
     by adding at the end the following:
       ``(4) Permanent disqualification for fraud.--A designated 
     school official at, or an owner of, an approved institution 
     of higher education, an other approved educational 
     institution, or a designated exchange visitor program who is 
     convicted for fraud relating to any aspect of the Student and 
     Exchange Visitor Program shall be permanently disqualified 
     from filing future petitions and from having an ownership 
     interest or a management role, including serving as a 
     principal, owner, officer, board member, general partner, 
     designated school official, or any other position of 
     substantive authority for the operations or management of the 
     institution, in any United States educational institution 
     that enrolls nonimmigrant alien students described in 
     subparagraph (F) or (M) of section 101(a)(15) the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)).''.
                                 ______
                                 
  SA 1687. Mr. MANCHIN 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. ___. ACQUISITION OF ADDITIONAL UNMANNED AERIAL VEHICLES 
                   AND UNMANNED AERIAL SYSTEMS.

       Notwithstanding paragraphs (1) and (2) of section 1106(a), 
     the Commissioner of U.S. Customs and Border Protection may 
     not acquire additional unmanned aerial vehicles or unmanned 
     aircraft systems until after the Inspector General of the 
     Department submits a report to Congress, which certifies that 
     U.S. Customs and Border Protection has implemented all the 
     recommendations contained in the report submitted by the 
     Office of the Inspector General of the Department to U.S. 
     Customs and Border Protection on May 30, 2012, titled ``CBP's 
     Use of Unmanned Aircraft Systems in the Nation's Border 
     Security'', including--
       (1) analyzing requirements and developing plans to achieve 
     the unmanned aerial system mission availability objective and 
     acquiring funding to provide necessary operations, 
     maintenance, and equipment;
       (2) developing and implementing procedures to coordinate 
     and support stakeholders' mission requests; and
       (3) establishing interagency agreements with external 
     stakeholders for reimbursement of expenses incurred 
     fulfilling mission requests, to the extent authorized by law.
                                 ______
                                 
  SA 1688. 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. __. GROUNDS FOR INELIGIBILITY FOR REGISTERED PROVISIONAL 
                   IMMIGRANT STATUS.

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

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

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

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

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

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

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

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

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

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

       ``(C) Conviction explained.--For purposes of this 
     paragraph, the term `conviction' does not include a judgment 
     that has been expunged, set aside, or the equivalent.
       ``(D) Rule of construction.--Nothing in this paragraph may 
     be construed to require the Secretary to commence removal 
     proceedings against an alien.''.
                                 ______
                                 
  SA 1689. 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. __. ELIMINATION OF GOVERNMENT-FUNDED COUNSEL FOR ALIENS 
                   IN IMMIGRATION PROCEEDINGS.

       (a) Appointment of Counsel in Immigration Proceedings.--
     Section 292 (8 U.S.C.

[[Page S5187]]

     1362), as amended by section 3502, is further amended--
       (1) in subsection (a), by inserting ``(at no expense to the 
     Government)'' after ``being represented'';
       (2) in subsection (b), by striking the second sentence; and
       (3) by striking subsection (c).
       (b) Appointment of Counsel in Removal Proceedings.--Section 
     240(b)(4) (8 U.S.C. 1229a(b)(4)), as amended by section 3502, 
     is further amended--
       (1) in subparagraph (A), by inserting ``, at no expense to 
     the Government,'' after ``being represented''; and
       (2) in the flush text at the end, by striking the second 
     sentence.
       (c) Repeal.--Subsections (b), (c), and (d) of section 2104 
     of this Act and the amendments to section 242 of the 
     Immigration and Nationality Act made by section 2104(b) of 
     this Act are repealed.
       (d) Elimination of Office of Legal Access Programs.--
     Notwithstanding section 3503, the Attorney General may not 
     establish or maintain an Office of Legal Access Programs.
                                 ______
                                 
  SA 1690. Mr. MORAN (for himself and Ms. Landrieu) 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. __. ADDITIONAL REQUIREMENTS FOR STEM EDUCATION PROGRAMS.

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

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

       (a) In General.--Section 214(c)(9)(C) (8 U.S.C. 
     1184(c)(9)(C)) is amended to read as follows:
       ``(C) Fees collected under this paragraph shall be 
     deposited in the Treasury as follows:
       ``(i) Until the amount collected for a fiscal year under 
     this paragraph equals $275,000,000, in the H-1B Nonimmigrant 
     Petitioner Account for use in accordance with section 286(s).
       ``(ii) After the amount collected for a fiscal year under 
     this paragraph exceeds $275,000,000--
       ``(I) 5 percent shall be deposited in the H-1B Nonimmigrant 
     Petitioner Account for use as described in paragraph (5) of 
     section 286(s);
       ``(II) 5 percent shall be deposited in the H-1B 
     Nonimmigrant Petitioner Account for use as described in 
     paragraph (6) of section 286(s); and
       ``(III) 90 percent shall be deposited in the STEM Education 
     and Training Account for use as described in section 
     286(w).''.
       (b) Conforming Amendment.--Section 286(s)(1) (8 U.S.C. 
     1356(s)(1)) is amended by striking ``collected under 
     paragraphs (9) and (11) of section 214(c).'' and inserting 
     ``described in clause (i), (ii)(I), and (ii)(II) of paragraph 
     (9)(C) of section 214(c) and collected under paragraph (11) 
     of such section.''.
                                 ______
                                 
  SA 1691. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed by him to the bill S. 744, to provide for comprehensive 
immigration reform and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT 
                   TASK FORCE MODIFICATIONS.

       (a) Hearings and Evidence.--
       (1) In general.--Notwithstanding section 1113(b)(1), the 
     Department of Homeland Security Border Oversight Task Force 
     established under section 1113 (referred to in this section 
     as the ``DHS Task Force'') or, on the authority of the DHS 
     Task Force, any portion of the DHS Task Force, may, for the 
     purpose of carrying out this section--
       (A) hold hearings, sit and act, take testimony, receive 
     evidence, administer oaths; and
       (B) subject to subsection (b), require, by subpoena or 
     otherwise provide for, the attendance and testimony of such 
     witnesses and the production of such books, records, 
     correspondence, memoranda, papers, and documents, as the DHS 
     Task Force, or such portion thereof, may determine advisable.
       (2) Open to the public.--Hearings and other activities 
     conducted under paragraph (1) shall be open to the public 
     unless the DHS Task Force, or, on the authority of the DHS 
     Task Force, any portion of the DHS Task Force, determines 
     that such is not appropriate, including for reasons relating 
     to the disclosure of information or material regarding the 
     national security interests of the United States or the 
     disclosure of sensitive law enforcement data.
       (b) Subpoenas.--
       (1) Issuance.--
       (A) In general.--A subpoena may be issued under this 
     subsection only--
       (i) by the agreement of the Chair and the Vice Chair; or
       (ii) by the affirmative recorded vote of 16 members of the 
     DHS Task Force.
       (B) Signature.--Subpoenas issued under this subsection may 
     be--
       (i) issued under the signature of the Chair and Vice Chair 
     or any member designated by a majority of the DHS Task Force; 
     and
       (ii) served by any person designated by the Chair and Vice 
     Chair or by any member designated by a majority of the DHS 
     Task Force.
       (2) Enforcement.--
       (A) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under this subsection, the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to produce documentary or other 
     evidence. Any failure to obey the order of the court may be 
     punished by the court as contempt of that court.
       (B) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena, the Task Force may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before a grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (c) Sunset.--Notwithstanding section 1113(e), the DHS Task 
     Force shall continue operations indefinitely.
                                 ______
                                 
  SA 1692. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) 
submitted an amendment intended to be proposed by him to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ADDITIONAL PERMANENT DISTRICT COURT JUDGESHIPS IN 
                   NEW MEXICO.

       (a) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate, 1 additional district 
     judge for the district of New Mexico.
       (b) Conversion of Temporary Judgeship to Permanent 
     Judgeship.--The existing judgeship for the district of New 
     Mexico authorized by section 312(c) of the 21st Century 
     Department of Justice Appropriations Authorization Act (28 
     U.S.C. 133 note; Public Law 107-273; 116 Stat. 1788), as of 
     the effective date of this Act, shall be authorized under 
     section 133 of title 28, United States Code, and the 
     incumbent in that office shall hold the office under section 
     133 of title 28, United States Code, as amended by this Act.
       (c) Technical and Conforming Amendment.--The table 
     contained in section 133(a) of title 28, United States Code, 
     is amended by striking the item relating to the district of 
     New Mexico and inserting the following:

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

                                 ______
                                 
  SA 1693. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) 
submitted an amendment intended to be proposed by him to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 5. BORDER ENFORCEMENT SECURITY TASK FORCE.

       (a) 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).
       (b) 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.
       (c) Funding.--There are authorized to be appropriated, from 
     the Comprehensive Immigration Reform Trust Fund established 
     under section 6(a)(1), such sums as may be necessary to carry 
     out this subsection.
                                 ______
                                 
  SA 1694. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed by him to the bill S. 744, to

[[Page S5188]]

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. ___. ELIGIBLE USE OF GRANT FUNDS.

       In addition to the uses described in section 1104(c)(3), 
     grants awarded under that section may be used for maintenance 
     of, and improvements to, all public roads, including locally 
     owned public roads and roads on tribal land--
        (a) that are located within 100 miles of--
       (1) the Northern border; or
       (2) the Southern border; and
       (b) on which federally owned motor vehicles comprise more 
     than 50 percent of the vehicular traffic.
                                 ______
                                 
  SA 1695. Mr. BROWN (for himself, Mr. Manchin, Mr. Grassley, and Mr. 
Sessions) submitted an amendment intended to be proposed by him to the 
bill S. 744, to provide for comprehensive immigration reform and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. HIRE QUALIFIED AMERICANS FIRST.

       Section 212(n)(1)(G) (8 U.S.C. 1182(n)(1)(G)), as amended 
     by section 4211(c)(2) of this Act, is further amended by 
     striking clause (iii) and inserting the following:
       ``(iii) has offered the job to any United States worker who 
     applies and is equally or better qualified for the job for 
     which the nonimmigrant or nonimmigrants is or are sought.''.
                                 ______
                                 
  SA 1696. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

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

       (a) In General.--None of the amounts appropriated or 
     otherwise made available under this Act may be used for a 
     project for the construction, alteration, maintenance, or 
     repair of a fence along the Southern border unless all of the 
     iron, steel, and manufactured goods used in the fence are 
     produced in the United States.
       (b) Waiver.--Subsection (a) shall not apply in any case or 
     category of cases in which the head of the Federal department 
     or agency involved finds that--
       (1) applying subsection (a) would be inconsistent with the 
     public interest;
       (2) iron, steel, and the relevant manufactured goods are 
     not produced in the United States in sufficient and 
     reasonably available quantities and of a satisfactory 
     quality; or
       (3) inclusion of iron, steel, and manufactured goods 
     produced in the United States will increase the cost of the 
     overall project by more than 25 percent.
       (c) Publication of Waiver Justification.--If the head of a 
     Federal department or agency determines that it is necessary 
     to waive the application of subsection (a) based on a finding 
     under subsection (b), the head of the department or agency 
     shall publish in the Federal Register a detailed written 
     justification as to why the provision is being waived.
       (d) Savings Provision.--This section shall be applied in a 
     manner consistent with United States obligations under 
     international agreements.
                                 ______
                                 
  SA 1697. Mr. CORKER 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. ___. SECURE COMMUNITIES.

       (a) In General.--The Secretary shall initiate removal 
     proceedings, in accordance with chapter 4 of title II of the 
     Immigration and Nationality Act (8 U.S.C. 1221 et seq.), 
     against all individuals who are arrested for an offense that 
     poses a danger to the community and are identified through 
     Secure Communities as--
       (1) unlawfully present in the United States;
       (2) having previously been removed and not lawfully 
     reentered; or
       (3) otherwise removable.
       (b) Rule of Construction.--Nothing in this section may be 
     construed to limit the availability of any relief authorized 
     under the Immigration and Nationality Act.
       (c) Semiannual Report.--Every 6 months, the Secretary shall 
     submit a report to Congress that identifies, for the most 
     recent 6-month and 12-month periods--
       (1) the total number of individuals identified through 
     Secure Communities as meeting 1 of the conditions set forth 
     in paragraphs (1) through (3) of subsection (a);
       (2) the number of individuals described in paragraph (1) 
     against whom removal proceedings were not initiated, 
     categorized by immigration status;
       (3) of the individuals described in paragraph (2), the 
     total number who U.S. Immigration and Customs Enforcement 
     were authorized to take into custody and remove, including 
     individuals who are--
       (A) unlawfully present;
       (B) unlawfully present and in removal proceedings;
       (C) previously removed;
       (D) under warrant for removal; or
       (E) lawfully present and in removal proceedings; and
       (4) of the individuals described in paragraph (2), the 
     total number who were rearrested on a separate occasion after 
     previously being identified through Secure Communities as 
     meeting 1 of the conditions set forth in paragraphs (1) 
     through (3) of subsection (a), categorized by immigration 
     status and the type of offense that led to such rearrest.
                                 ______
                                 
  SA 1698. 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:

       At the end, add the following:

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

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

[[Page S5189]]

       ``(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 1699. 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:

       At the appropriate place, insert the following:

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

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

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

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

     SEC. ___. RESPECT FOR VICTIMS OF HUMAN SMUGGLING.

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

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

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

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

       Section 981(b) of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(5)(A) If a person is arrested or charged in connection 
     with an offense described in subparagraph (C) involving the 
     movement of funds into or out of the United States, the 
     Attorney General may apply to any Federal judge or magistrate 
     judge in the district in which the arrest is made or where 
     the charges are filed for an ex parte order restraining any 
     account held by the person arrested or charged for not more 
     than 30 days, except that such 30-day time period may be 
     extended for good cause shown at a hearing conducted in the 
     manner provided in Rule 43(e) of the Federal Rules of Civil 
     Procedure. The court may receive and consider evidence and 
     information submitted by the Government that would be 
     inadmissible under the Federal Rules of Evidence.
       ``(B) The application for the restraining order referred to 
     in subparagraph (A) shall--
       ``(i) identify the offense for which the person has been 
     arrested or charged;
       ``(ii) identify the location and description of the 
     accounts to be restrained; and
       ``(iii) state that the restraining order is needed to 
     prevent the removal of the funds in the account by the person 
     arrested or charged, or by others associated with such 
     person, during the time needed by the Government to conduct 
     such investigation as may be necessary to establish whether 
     there is probable cause to believe that the funds in the 
     accounts are subject to forfeiture in connection with the 
     commission of any criminal offense.

[[Page S5190]]

       ``(C) A restraining order may be issued pursuant to 
     subparagraph (A) if a person is arrested or charged with any 
     offense for which forfeiture is authorized under this title, 
     title 31, or the Controlled Substances Act (21 U.S.C. 801 et 
     seq.).
       ``(D) For purposes of this section--
       ``(i) the term `account' includes any safe deposit box and 
     any account (as defined in paragraphs (1) and (2) of section 
     5318A(e) of title 31, United States Code) at any financial 
     institution; and
       ``(ii) the term `account held by the person arrested or 
     charged' includes an account held in the name of such person, 
     and any account over which such person has effective control 
     as a signatory or otherwise.
       ``(E) Restraint pursuant to this paragraph shall not be 
     deemed a `seizure' for purposes of subsection 983(a) of this 
     title.
       ``(F) A restraining order issued pursuant to this paragraph 
     may be executed in any district in which the subject account 
     is found, or transmitted to the central authority of any 
     foreign State for service in accordance with any treaty or 
     other international agreement.''.

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

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

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

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

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

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

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

       (a) In General.--The United States Sentencing Commission 
     shall review and, if appropriate, amend the Federal 
     sentencing guidelines and policy statements as the Commission 
     considers appropriate to respond to this Act.
       (b) Emergency Authority.--In carrying out subsection (a), 
     the Commission may promulgate amendments to the Federal 
     sentencing guidelines and policy statements in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987 (28 U.S.C. 994 note), as though the 
     authority under that Act had not expired.
                                 ______
                                 
  SA 1700. 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:

       At the appropriate place, add the following:

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

       (a) Staff Enhancements.--In addition to positions 
     authorized before the date of the enactment of this Act and 
     any existing officer vacancies within U.S. Customs and Border 
     Protection on such date, the Secretary shall, by not later 
     than September 30, 2018, and subject to the availability of 
     appropriations for such purpose, hire, train, and assign to 
     duty 1,500 additional U.S. Customs and Border Protection 
     officers (not less than 50 percent of which shall be 
     designated to serve on all inspection lanes (primary, 
     secondary, incoming, and outgoing) and enforcement teams at 
     land ports of entry on the Northern border and the Southern 
     border) and 350 additional full-time support staff, compared 
     to the number of such officers and employees on the date of 
     the enactment of this Act, to be distributed among all United 
     States ports of entry.
       (b) Waiver of Personnel Limitation.--The Secretary may 
     waive any limitation on the number of full-time equivalent 
     personnel assigned to the Department in order to fulfill the 
     requirements under subsection (a).
       (c) Reports to Congress.--
       (1) Outbound inspections.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate committees of Congress a report containing 
     the Department's plans for ensuring the placement of 
     sufficient officers of U.S. Customs and Border Protection on 
     outbound inspections, and adequate outbound infrastructure, 
     at all Southern and Northern border land ports of entry.
       (2) Agricultural specialists.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary, in 
     consultation with the Secretary of Agriculture, shall submit 
     to the appropriate committees of Congress a report that 
     contains the Department's plans for ensuring the placement of 
     sufficient agriculture specialists at all Southern border and 
     Northern border land ports of entry.
       (3) Annual implementation report.--Not later than 1 year 
     after the date of the enactment of this Act, and annually 
     thereafter, the Secretary shall submit to the appropriate 
     committees of Congress a report that--
       (A) describes in detail the Department's implementation 
     plan for staff enhancements required under subsection (a);
       (B) includes the number of additional personnel assigned to 
     duty at land ports of entry by location; and
       (C) describes the methodology used to determine the 
     distribution of additional personnel to address northbound 
     and southbound cross-border inspections.
       (4) Appropriate committees of congress.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on the Judiciary and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) the Committee on the Judiciary and the Committee on 
     Homeland Security of the House of Representatives.
       (d) Secure Communication.--The Secretary shall ensure that 
     each officer of U.S. Customs and Border Protection is 
     equipped with a secure 2-way communication and satellite-
     enabled device, supported by system interoperability, that 
     allows such officers to communicate between ports of entry 
     and inspection stations, and with other Federal, State, 
     local, and tribal law enforcement entities.
       (e) Border Area Security Initiative Grant Program.--The 
     Secretary shall establish a grant program for the purchase of 
     detection equipment at land ports of entry and mobile, hand-
     held, 2-way communication and biometric devices for State and 
     local law enforcement officers serving on the Southern border 
     and Northern border.
       (f) Port of Entry Infrastructure Improvements.--In order to 
     aid in the enforcement of Federal customs, immigration, and 
     agriculture laws, the Commissioner responsible for U.S. 
     Customs and Border Protection may--

[[Page S5191]]

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

     SEC. 1205. CROSS-BORDER TRADE ENHANCEMENT.

       (a) Definitions.--In this section:
       (1) Administration.--The term ``Administration'' means the 
     General Services Administration.
       (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 1701. 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:

       At the appropriate place, insert the following:

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

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

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

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

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

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

       ``(I) an alien lawfully admitted for permanent residence;
       ``(II) an alien admitted as a refugee under section 207 or 
     granted asylum under section 208; or
       ``(III) an alien who, according to the records of the 
     Secretary or the Secretary of State, is lawfully present in 
     the United States in any nonimmigrant status (other

[[Page S5192]]

     than an alien considered to be a nonimmigrant solely due to 
     the application of section 244(f)(4) or the amendment made by 
     section 702 of the Consolidated Natural Resources Act of 2008 
     (Public Law 110-229)), notwithstanding any unauthorized 
     employment or other violation of nonimmigrant status.

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

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

       ``(C) Conviction explained.--For purposes of this 
     paragraph, the term `conviction' does not include a judgment 
     that has been expunged, set aside, or the equivalent.
       ``(D) Rule of construction.--Nothing in this paragraph may 
     be construed to require the Secretary to commence removal 
     proceedings against an alien.
       ``(4) Applicability of other provisions.--Sections 
     208(d)(6) and 240B(d) shall not apply to any alien filing an 
     application for registered provisional immigrant status under 
     this section.
       ``(5) Dependent spouse and children.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Secretary may classify the spouse or child of a 
     registered provisional immigrant as a registered provisional 
     immigrant dependent if the spouse or child--
       ``(i) was physically present in the United States on or 
     before December 31, 2012, and has maintained continuous 
     presence in the United States from that date until the date 
     on which the registered provisional immigrant is granted such 
     status, with the exception of absences from the United States 
     that are brief, casual, and innocent, whether or not such 
     absences were authorized by the Secretary; and
       ``(ii) meets all of the eligibility requirements set forth 
     in this subsection, other than the requirements of clause 
     (ii) or (iii) of paragraph (2)(A).
       ``(B) Effect of termination of legal relationship or 
     domestic violence.--If the spousal or parental relationship 
     between an alien who is granted registered provisional 
     immigrant status under this section and the alien's spouse or 
     child is terminated due to death or divorce or the spouse or 
     child has been battered or subjected to extreme cruelty by 
     the alien (regardless of whether the legal relationship 
     terminates), the spouse or child may apply for classification 
     as a registered provisional immigrant.
       ``(C) Effect of disqualification of parent.--
     Notwithstanding subsection (c)(3), if the application of a 
     spouse or parent for registered provisional immigrant status 
     is terminated or revoked, the husband, wife, or child of that 
     spouse or parent shall be eligible to apply for registered 
     provisional immigrant status independent of the parent or 
     spouse.
       ``(c) Application Procedures.--
       ``(1) In general.--An alien, or the dependent spouse or 
     child of such alien, who meets the eligibility requirements 
     set forth in subsection (b) may apply for status as a 
     registered provisional immigrant or a registered provisional 
     immigrant dependent, as applicable, by submitting a completed 
     application form to the Secretary during the application 
     period set forth in paragraph (3), in accordance with the 
     final rule promulgated by the Secretary under the Border 
     Security, Economic Opportunity, and Immigration Modernization 
     Act. An applicant for registered provisional immigrant status 
     shall be treated as an applicant for admission.
       ``(2) Payment of taxes.--
       ``(A) In general.--An alien may not file an application for 
     registered provisional immigrant status under paragraph (1) 
     unless the applicant has satisfied any applicable Federal tax 
     liability.
       ``(B) Definition of applicable federal tax liability.--In 
     this paragraph, the term `applicable Federal tax liability' 
     means all Federal income taxes assessed in accordance with 
     section 6203 of the Internal Revenue Code of 1986.
       ``(C) Demonstration of compliance.--An applicant may 
     demonstrate compliance with this paragraph by submitting 
     appropriate documentation, in accordance with regulations 
     promulgated by the Secretary, in consultation with the 
     Secretary of the Treasury.
       ``(3) Application period.--
       ``(A) Initial period.--Except as provided in subparagraph 
     (B), the Secretary may only accept applications for 
     registered provisional immigrant status from aliens in the 
     United States during the 1-year period beginning on the date 
     on which the final rule is published in the Federal Register 
     pursuant to paragraph (1).
       ``(B) Extension.--If the Secretary determines, during the 
     initial period described in subparagraph (A), that additional 
     time is required to process applications for registered 
     provisional immigrant status or for other good cause, the 
     Secretary may extend the period for accepting applications 
     for such status for an additional 18 months.
       ``(4) Application form.--
       ``(A) Required information.--
       ``(i) In general.--The application form referred to in 
     paragraph (1) shall collect such information as the Secretary 
     determines to be necessary and appropriate, including, for 
     the purpose of understanding immigration trends--

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

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

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

       ``(ii) may, in the sole discretion of the Secretary, 
     interview any other applicant for registered provisional 
     immigrant status under this section.
                                 ______
                                 
  SA 1702. 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:

       Strike title V.
                                 ______
                                 
  SA 1703. 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:

       At the appropriate place, insert the following:

     SEC. ___. PROTECTING AMERICAN BUSINESSES.

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

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

       (3) in subsection (h), by striking paragraph (5).
                                 ______
                                 
  SA 1704. Mr. UDALL of New Mexico (for himself, Mr. Heinrich, 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:

       At the appropriate place, insert the following:

     SEC. __. BORDER INFECTIOUS DISEASE SURVEILLANCE PROJECT.

       (a) Funding for Border States.--Of the amount in the 
     Comprehensive Immigration

[[Page S5193]]

     Reform Trust Fund established by section 6(a), $5,000,000 for 
     each fiscal year shall be made available to health 
     authorities of States along the Northern border and 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 and 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) 30 percent shall be made available to States along the 
     Northern border; and
       (2) 70 percent shall be made available to States along the 
     Southern border.
                                 ______
                                 
  SA 1705. Ms. COLLINS (for herself and Mr. King) submitted an 
amendment intended to be proposed by her to the bill S. 744, to provide 
for comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LOGGING EMPLOYMENT.

       The definition of ``agricultural employment'' in section 
     218A(a)(1) of the Immigration and Nationality Act, as added 
     by section 2232, shall be implemented to includes logging 
     employment, as described in section 655.103(c)(4)of title 20, 
     Code of Federal Regulations, as in effect on the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1706. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. DENIALS OF ASYLUM CLAIMS.

       (a) Adjudication.--Section 208(d)(6) (8 U.S.C. 1158(d)(6)) 
     is amended to read as follows:
       ``(6) Frivolous applications.--
       ``(A) Knowingly frivolous applications.--If the Attorney 
     General determines that an alien has knowingly made a 
     frivolous application for asylum and the alien has received 
     the notice under paragraph (4)(A), the alien may, at the 
     discretion of the Attorney General, be permanently ineligible 
     for any benefits under this Act, effective as of the date of 
     a final determination on such application.
       ``(B) Determinations by asylum officers.--
       ``(i) In general.--If an asylum officer, as defined in 
     section 235(b)(1)(E), determines that an alien has made a 
     frivolous application for asylum, the asylum officer may 
     dismiss the application.
       ``(ii) Reconsideration.--The Board of Immigration Appeals 
     or an immigration judge may review and reverse the 
     determination of an asylum officer under clause (i) if the 
     Board or judge determines that the asylum claim involved is 
     plausible.''.
       (b) Information.--Section 208 (8 U.S.C. 1158) is amended by 
     adding at the end the following:
       ``(f) Information.--With respect to an application for 
     asylum that comes before an immigration judge or asylum 
     officer (as defined in section 235(b)(1)(E)), the judge or 
     officer involved shall obtain detailed country conditions 
     information relevant to eligibility for asylum or the 
     withholding of removal from the Department of State. Such 
     information shall include--
       ``(1) an assessment of the accuracy of the applicant's 
     assertions about conditions in his or her country of 
     nationality or habitual residence and his or her particular 
     situation;
       ``(2) information about whether individuals who are 
     similarly situated to the applicant are persecuted or 
     tortured in his or her country of nationality or habitual 
     residence and the frequency of such persecution or torture; 
     and
       ``(3) other information determined by the judge or officer 
     to be relevant to prevent fraud.''.
       (c) Increase in Staffing.--The Secretary shall provide for 
     an increase in the staff of the U.S. Citizenship and 
     Immigration Services and the Fraud Detection and National 
     Security Directorate at Asylum Offices to oversee, detect, 
     and increase the anti-fraud operations and prosecutions 
     relating to fraudulent asylum activities.
       (d) Funding.--The Secretary of Homeland Security shall use 
     amounts derived through fees provided for in this Act (or an 
     amendment made by this Act) to carry out subsections (a) 
     through (c) (and the amendments made by such subsections)).
                                 ______
                                 
  SA 1707. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. LAW ENFORCEMENT AND NATIONAL SECURITY CHECKS.

       (a) Refugees.--Section 207(c)(1) (8 U.S.C. 1157(c)(1)), as 
     amended by section 3409(a) of this Act, is amended by 
     striking ``No alien shall be admitted as a refugee until the 
     identity of the applicant, including biographic and biometric 
     data, has been checked against all appropriate records or 
     databases maintained by the Secretary of Homeland Security, 
     the Attorney General, the Secretary of State, and other 
     Federal records or databases that the Secretary of Homeland 
     Security considers necessary, to determine any national 
     security, law enforcement, or other grounds on which the 
     alien may be inadmissible to the United States or ineligible 
     to apply for or be granted refugee status.'' and inserting 
     ``No alien shall be admitted as a refugee until the identity 
     of the applicant, including biographic and biometric data, 
     has been checked against all appropriate records or databases 
     maintained by the Secretary of Homeland Security, the 
     Attorney General, the Secretary of State, the National 
     Counterterrorism Center, and other Federal records or 
     databases that the Secretary of Homeland Security considers 
     necessary, to determine any national security, law 
     enforcement, or other grounds on which the alien may be 
     inadmissible to the United States or ineligible to apply for 
     or be granted refugee status.''.
       (b) Asylees.--Section 208(d)(5)(A) (8 U.S.C. 
     1158(d)(5)(A)), as amended by section 3409(b) of this Act, is 
     amended--
       (1) by amending clause (i) to read as follows:
       ``(i) asylum shall not be granted--

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

       (2) in clause (iv), by striking ``and'' at the end;
       (3) in clause (v), by striking the period at the end and 
     inserting a semicolon and ``and''; and
       (4) by adding at the end the following:
       ``(vi) asylum shall not be granted unless, notwithstanding 
     any derogatory information, the applicant has met the burden 
     of proof contained in subsection (b)(1)(B).''.
                                 ______
                                 
  SA 1708. 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:

       At the appropriate place, insert the following:

     SEC. ___. APPLICABILITY OF THE MIGRANT AND SEASONAL 
                   AGRICULTURAL WORKER PROTECTION ACT.

       Section 218A(g)(2) of the Immigration and Nationality Act, 
     as added by section 2232 of this Act, is amended--
       (1) in subparagraph (B)--
       (A) by striking ``A nonimmigrant'' and inserting the 
     following:
       ``(i) In general.--A nonimmigrant''; and
       (B) by adding at the end 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.''; and
       (2) in subparagraph (C), by striking clause (iv) and 
     inserting 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 1709. 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:

       At the appropriate place, insert the following:

     SEC. ___. QUALIFYING EMPLOYMENT.

       Section 245F(a) of the Immigration and Nationality Act, as 
     added by section 2212 of this Act, is amended by striking 
     paragraph (1) and inserting the following:
       ``(1) Qualifying employment.--Except as provided in 
     paragraph (3), during the 8-year period beginning on the date 
     of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act the alien 
     performed not less than 180 work days of agricultural 
     employment during each of 5 years.''.
                                 ______
                                 
  SA 1710. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform

[[Page S5194]]

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

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENTS FOR ADJUSTMENT OF STATUS FOR CERTAIN 
                   ALIENS WHO ENTERED THE UNITED STATES AS 
                   CHILDREN.

       Section 245D(b)(1)(A)(i) of the Immigration and Nationality 
     Act, as added by section 2101, is further amended by 
     inserting before the semicolon the following: ``or has been a 
     dependent nonimmigrant visa holder under subparagraph (E), 
     (H), or (L) of section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) for at least 5 
     years''.
                                 ______
                                 
  SA 1711. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. CRIMINAL GANGS.

       (a) Definition of Criminal Gang.--Section 101(a) (8 U.S.C. 
     1101(a)) is amended by inserting after paragraph (51) the 
     following:
       ``(52)(A) The term `criminal gang' means an ongoing group, 
     club, organization, or association of 5 or more persons--
       ``(i) that has as 1 of its primary purposes the commission 
     of 1 or more of the criminal offenses described in 
     subparagraph (B); and
       ``(ii) the members of which engage, or have engaged within 
     the past 5 years, in a continuing series of offenses 
     described in subparagraph (B).
       ``(B) The offenses described in this subparagraph are the 
     following, whether in violation of Federal or State law or in 
     violation of the law of a foreign country:
       ``(i) A felony drug offense (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802)).
       ``(ii) A felony offense involving firearms or explosives or 
     in violation of section 931 of title 18, United States Code 
     (relating to purchase, ownership, or possession of body armor 
     by violent felons).
       ``(iii) An offense under section 274 (relating to bringing 
     in and harboring certain aliens), section 277 (relating to 
     aiding or assisting certain aliens to enter the United 
     States), or section 278 (relating to importation of alien for 
     immoral purpose).
       ``(iv) A felony crime of violence (as defined in section 16 
     of title 18, United States Code).
       ``(v) A crime involving obstruction of justice, tampering 
     with or retaliating against a witness, victim, or informant, 
     or burglary
       ``(vi) Any conduct punishable under sections 1028 and 1029 
     of title 18, United States Code (relating to fraud and 
     related activity in connection with identification documents 
     or access devices), sections 1581 through 1594 of such title 
     (relating to peonage, slavery and trafficking in persons), 
     section 1952 of such title (relating to interstate and 
     foreign travel or transportation in aid of racketeering 
     enterprises), section 1956 of such title(relating to the 
     laundering of monetary instruments), section 1957 of such 
     title (relating to engaging in monetary transactions in 
     property derived from specified unlawful activity), or 
     sections 2312 through 2315 of such title(relating to 
     interstate transportation of stolen motor vehicles or stolen 
     property).
       ``(vii) Conspiracy to commit an offense described in 
     specified in clauses (i) through (vi).''.
       (b) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
     1182(a)(2)) is amended by inserting after subparagraph (I) 
     the following:
       ``(J) Aliens in criminal gangs.--Any alien is inadmissible 
     who--
       ``(i) is a member of a criminal gang unless the alien can 
     demonstrate by clear and convincing evidence that the alien 
     did not know, and should not reasonably have known, that the 
     organization was a criminal gang; and
       ``(ii) is determined by an immigration judge to be a danger 
     to the community.''.
       (c) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C. 
     1227(a)(2)) is amended by adding at the end the following:
       ``(G) Aliens in criminal gangs.--Any alien is removable 
     who--
       ``(i) is a member of a criminal gang unless the alien can 
     demonstrate by clear and convincing evidence that the alien 
     did not know, and should not reasonably have known, that the 
     organization was a criminal gang; and
       ``(ii) is determined by an immigration judge to be a danger 
     to the community.''.
       (d) Ground of Ineligibility for Registered Provisional 
     Immigrant Status.--An alien who is 18 years of age or older 
     is ineligible for registered provisional immigrant status if 
     the Secretary determines that the alien--
       (1) is a member of a criminal gang (as defined in section 
     101(a)(52) of the Immigration and Nationality Act, as amended 
     by subsection (a)) unless the alien can demonstrate by clear 
     and convincing evidence that the alien did not know, and 
     should not reasonably have known, that the organization was a 
     criminal gang; and
       (2) has been determined by the Secretary to be a danger to 
     the community.
       (e) Inapplicability of Other Amendments.--The amendments 
     made by section 3701 of this Act shall have no force or 
     effect.
                                 ______
                                 
  SA 1712. Ms. HIRONO (for herself, Mrs. Murray, Ms. Murkowski, Mrs. 
Boxer, Mr. Franken, Mr. Leahy, Ms. Mikulski, Mrs. Shaheen, Ms. 
Cantwell, Ms. Stabenow, Ms. Baldwin, Mrs. Gillibrand, Ms. Klobuchar, 
Mr. Menendez, Mr. Schumer, Mr. Durbin, Mr. Bennet, and 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. ___. MERIT-BASED POINTS TRACK ONE MODIFICATIONS.

       (a) Findings.--Congress finds that--
       (1) In many countries around the world, women do not have 
     as many opportunities for education, choices for careers, or 
     opportunities for career advancement as men do in those 
     countries.
       (2) It is important that our future immigration system take 
     into account the disparate treatment that women experience in 
     other countries, and provide women a fair opportunity to 
     immigrate to the United States through a merit point system.
       (3) Under the current U.S. employment-based immigration 
     system green cards are awarded to men over women nearly four-
     to-one.
       (4) Like the current employment-based system, the high-
     skill tier one in the merit point system is more likely to be 
     used by men because of the greater opportunities available to 
     men in other countries.
       (5) The purpose of the third tier in the merit point system 
     is to provide women a fairer opportunity to compete for green 
     cards by focusing the point categories on careers and 
     experiences that are available to women in other countries.
       (b) Worldwide Level of Merit-based Immigrants.--Section 
     201(e) (8 U.S.C. 1151(e)), as amended by section 2301(a)(1), 
     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 
     280,000.
       ``(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).''.
       (c) Merit-based Immigrants.--Section 203(c), as added by 
     section 2301(a)(2) of this Act, is amended to read as 
     follows:
       ``(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

[[Page S5195]]

     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.
       ``(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.
       ``(1) 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) Civic involvement.--An alien who has demonstrated 
     significant Civic involvement, including humanitarian and 
     volunteer activities, shall be allocated 2 points.
       ``(D) 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.
       ``(E) Humanitarian concerns.--An alien who is or has been 
     the primary caregiver of a United States citizen parent or 
     sibling suffering an extreme hardship, shall be allocated 10 
     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) 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) Definitions.--In this subsection:
       (A) High demand tier 1 occupation.--The term `high demand 
     tier 1 occupation' means 1 of the 5 occupations for which the 
     highest number of nonimmigrants described in section 
     101(a)(15)(H)(i) were sought to be admitted by employers 
     during the previous fiscal year.
       ``(B) High demand tier 2 occupation.--The term `high demand 
     tier 2 occupation' means 1 of the 5 occupations for which the 
     highest number of positions were sought to become registered 
     positions by employers under section 220(e) during the 
     previous fiscal year.
       ``(C) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(D) Zone 1 occupation.--The term `zone 1 occupation' 
     means an occupation that requires little or no preparation 
     and is classified as a zone 1 occupation on--

[[Page S5196]]

       (i) the Occupational Information Network Database (0*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       ``(E) Zone 2 occupation.--The term `zone 2 occupation' 
     means an occupation that requires some preparation and is 
     classified as a zone 2 occupation on--
       (i) the Occupational Information Network Database (0*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       ``(F) Zone 3 occupation.--The term `zone 3 occupation' 
     means an occupation that requires medium preparation and is 
     classified as a zone 3 occupation on--
       ``(i) the Occupational Information Network Database (0*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       (G) Zone 4 occupation.--The term `zone 4 occupation' means 
     an occupation that requires considerable preparation and is 
     classified as a zone 4 occupation on--
       (i) the Occupational Information Network Database (0*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       ``(H) Zone 5 occupation.--The term `zone 5 occupation' 
     means an occupation that requires extensive preparation and 
     is classified as a zone 5 occupation on--
       ``(i) the Occupational Information Network Database (0*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.''.
       ``(d) Rule of Construction.--
       The amendments made by this section shall apply 
     notwithstanding Title II or any other section of this Act.
                                 ______
                                 
  SA 1713. Ms. HIRONO (for herself, Mrs. Murray, Ms. Murkowski, Mrs. 
Boxer, Mr. Leahy, Mr. Franken, Ms. Mikulski, Mrs. Shaheen, Ms. 
Cantwell, Ms. Stabenow, Ms. Baldwin, Mrs. Gillibrand, Ms. Klobuchar, 
Mr. Menendez, Mr. Schumer, Mr. Durbin, Mr. Bennet, and 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. ___. MERIT-BASED POINTS TRACK ONE MODIFICATIONS.

       (a) Worldwide Level of Merit-Based Immigrants.--Section 
     201(e) (8 U.S.C. 1151(e)), as amended by section 2301(a)(1), 
     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 
     280,000.
       ``(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 8\1/2\ 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).''.
       (b) Merit-Based Immigrants.--Section 203(c), as added by 
     section 2301(a)(2) of this Act, is amended to read as 
     follows:
       ``(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.
       ``(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.
       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.

[[Page S5197]]

       ``(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) Civic involvement.--An alien who has demonstrated 
     significant civic involvement, including humanitarian and 
     volunteer activities, shall be allocated 2 points.
       ``(D) 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.
       ``(E) Humanitarian concerns.--An alien who is or has been 
     the primary caregiver of a United States citizen parent or 
     sibling suffering an extreme hardship, shall be allocated 10 
     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) 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) Definitions.--In this subsection:
       ``(A) High demand tier 1 occupation.--The term `high demand 
     tier 1 occupation' means 7 of the 5 occupations for which the 
     highest number of nonimmigrants described in section 
     107(a)(15)(H)(i) were sought to be admitted by employers 
     during the previous fiscal year.
       ``(B) High demand tier 2 occupation.--The term `high demand 
     tier 2 occupation' means 1 of the 5 occupations for which the 
     highest number of positions were sought to become registered 
     positions by employers under section 220(e) during the 
     previous fiscal year.
       ``(C) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(D) Zone 1 occupation.--The term `zone 1 occupation' 
     means an occupation that requires little or no preparation 
     and is classified as a zone 1 occupation on--
       ``(i) the Occupational Information Network Database (O*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       ``(E) Zone 2 occupation.--The term `zone 2 occupation' 
     means an occupation that requires some preparation and is 
     classified as a zone 2 occupation on--
       ``(i) the Occupational Information Network Database (O*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       ``(F) Zone 3 occupation.--The term `zone 3 occupation' 
     means an occupation that requires medium preparation and is 
     classified as a zone 3 occupation on--
       ``(i) the Occupational Information Network Database (O*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       ``(G) Zone 4 occupation.--The term `zone 4 occupation' 
     means an occupation that requires considerable preparation 
     and is classified as a zone 4 occupation on--
       ``(i) the Occupational Information Network Database (O*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       ``(H) Zone 5 occupation.--The term `zone 5 occupation' 
     means an occupation that requires extensive preparation and 
     is classified as a zone 5 occupation on--
       ``(i) the Occupational Information Network Database (O*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.''.
       ``(d) Rule of Construction--
       The amendments made by this section shall apply 
     notwithstanding Title II or any other section of this Act.
                                 ______
                                 
  SA 1714. 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:

       At the appropriate place insert the following:

     SEC. __. INCLUSION OF ACCOUNTING FROM H-1B CAP.

       Section 214(g)(5)(C) (8 U.S.C. 1184(g)(5)(C)), as amended 
     by section 4101(b), is further amended by inserting ``or 
     accounting,'' after ``physical sciences,''.
                                 ______
                                 
  SA 1715. 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:

       On page 1646, beginning on line 23, strike ``the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 
     1996.'' and insert ``the Border Security, Economic 
     Opportunity, and Immigration Modernization Act.''.
       On page 1667, beginning on line 20, strike ``4105(e)(4) of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996'' and insert ``4104(e) of the Border Security,

[[Page S5198]]

     Economic Opportunity, and Immigration Modernization Act''.
                                 ______
                                 
  SA 1716. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. REQUIREMENTS FOR INVEST VISA.

       (a) INVEST Nonimmigrants.--Section 214(s)(3) of the 
     Immigration and Nationality Act, as added by section 4801, is 
     further amended--
       (1) in subparagraph (A), by striking ``$250,000'' and 
     inserting ``an additional $150,000''; and
       (2) by adding at the end the following:
     ``The alien may obtain a 2-year renewal if the alien sold his 
     or her United States business entity to an unrelated United 
     States business entity for an amount not less than $250,000, 
     in a bona fide arm's-length transaction, and prior to such 
     sale, the alien's United States business entity created no 
     fewer than 3 qualified jobs.''.
       (b) INVEST Immigrants.--Section 203(b)(6) of the 
     Immigration and Nationality Act, as added by section 4802, is 
     further amended--
       (1) in subparagraph (A)--
       (A) by striking clause (ii) and inserting the following:
       ``(ii) Qualified entrepreneur.--

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

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

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

       (B) in clause (v), by striking subclause (III) and 
     inserting the following:

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

       (C) in clause (viii)(III), by striking items (cc) and (dd) 
     and inserting the following:
       ``(cc) has been advising such entity or other similar funds 
     or a series of funds for at least 2 years; and
       ``(dd) has advised such entity or a similar fund or a 
     series of funds with respect to at least 2 investments of not 
     less than $500,000 made by such entity or similar fund or 
     series of funds during at least 2 of the most recent 3 
     years.'';
       (2) by striking subparagrah (B) and inserting the 
     following:
       ``(B) Availability of visas.--
       ``(i) In general.--Visas shall be available, in a number 
     not to exceed 10,000 for each fiscal year, to qualified 
     immigrants seeking to enter the United States for the purpose 
     of creating new businesses, as described in this paragraph.
       ``(ii) Additional visas.--

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

       (3) in subparagraph (C)(i)(III)--
       (A) by striking ``3-year period'' and inserting ``6-year 
     period'';
       (B) in item (bb)(BB)--
       (i) by striking ``2-year period'' and inserting ``3-year 
     period''; and
       (ii) by inserting after ``revenue'' the following: ``, in 
     any 12-month period during that 3-year period,''.
                                 ______
                                 
  SA 1717. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 1298, strike line 18 and all that follows 
     through page 1299, line 11, and insert the following:

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

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

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

       (a) Assessment.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the National Institute of Standards and Technology, 
     shall submit an assessment, with recommendations to Congress 
     on--
       (1) the feasibility of automated biometric comparison to 
     verify that the person presenting the employment 
     authorization document is the rightful holder;
       (2) how best to enable United States citizens and aliens 
     lawfully present in the United States to better secure the 
     accuracy and privacy of their digital interactions with 
     Federal information systems; and
       (3) a timetable for the actions described in paragraphs (1) 
     and (2).
       (b) Advisory Committee.--
       (1) Establishment.--The Secretary shall establish an 
     advisory committee to support a public-private, multi-
     stakeholder process that includes relevant Federal agencies 
     and groups representing the State governors, motor vehicle 
     administrators, civil liberties groups, public safety 
     organizations, representatives of the technology, financial 
     services and healthcare sectors, and such other public or 
     private entities as the Secretary considers appropriate.
       (2) Functions.--The advisory committee established pursuant 
     to paragraph (1) shall--
       (A) collect and analyze recommendations from the 
     stakeholders described in paragraph (1) with respect to the 
     assessment conducted under subsection (a); and
       (B) provide Congress with any ongoing recommendations for 
     legislative and administrative action regarding improvements 
     to the security, integrity, and privacy of government issued 
     credentials and systems.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to enter into agreements with the National Academy 
     of Sciences to provide reviews and intellectual support for 
     the mission of the advisory committee established pursuant to 
     subsection (b)(1).
                                 ______
                                 
  SA 1718. Ms. HIRONO (for herself, Mrs. Murray, Ms. Murkowski, Mrs. 
Boxer, Mr. Leahy, Mr. Franken, Ms. Mikulski, Mrs. Shaheen, Ms. 
Cantwell, Ms. Stabenow, Ms. Baldwin, Mrs. Gillibrand, Ms. Klobuchar, 
Mr. Menendez, Mr. Schumer, and 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. ___. MERIT-BASED POINTS TRACK ONE MODIFICATIONS.

       (a) Findings.--Congress finds the following:
       (1) In many countries around the world, women do not have 
     as many opportunities for education, choices for careers, or 
     opportunities for career advancement as men do in those 
     countries.
       (2) It is important that our future immigration system--
       (A) take into account the disparate treatment that women 
     experience in other countries; and
       (B) provide women a fair opportunity to immigrate to the 
     United States through a merit-based point system.
       (3) Under the current United States employment-based 
     immigration system, green cards are awarded to men over women 
     nearly four-to-one.
       (4) Like the current employment-based system, the high-
     skill tier one in the merit point system is more likely to be 
     used by men because of the greater opportunities available to 
     men in other countries.
       (5) The purpose of the third tier of the merit-based point 
     system is to provide women a fairer opportunity to compete 
     for green cards by focusing the point categories

[[Page S5199]]

     on careers and experiences that are available to women in 
     other countries.
       (b) Worldwide Level of Merit-based Immigrants.--Section 
     201(e) (8 U.S.C. 1151(e)), as amended by section 2301(a)(1), 
     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 
     280,000.
       ``(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).''.
       (c) Merit-based Immigrants.--Section 203(c), as added by 
     section 2301(a)(2) of this Act, is amended to read as 
     follows:
       ``(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.
       ``(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

[[Page S5200]]

     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) Civic involvement.--An alien who has demonstrated 
     significant civic involvement, including humanitarian and 
     volunteer activities, shall be allocated 2 points.
       ``(D) 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.
       ``(E) Humanitarian concerns.--An alien who is or has been 
     the primary caregiver of a United States citizen parent or 
     sibling suffering an extreme hardship shall be allocated 10 
     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) 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) Definitions.--In this subsection:
       ``(A) High demand tier 1 occupation.--The term `high demand 
     tier 1 occupation' means 1 of the 5 occupations for which the 
     highest number of nonimmigrants described in section 
     101(a)(15)(H)(i) were sought to be admitted by employers 
     during the previous fiscal year.
       ``(B) High demand tier 2 occupation.--The term `high demand 
     tier 2 occupation' means 1 of the 5 occupations for which the 
     highest number of positions were sought to become registered 
     positions by employers under section 220(e) during the 
     previous fiscal year.
       ``(C) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(D) Zone 1 occupation.--The term `zone 1 occupation' 
     means an occupation that requires little or no preparation 
     and is classified as a zone 1 occupation on--
       ``(i) the Occupational Information Network Database (O*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       ``(E) Zone 2 occupation.--The term `zone 2 occupation' 
     means an occupation that requires some preparation and is 
     classified as a zone 2 occupation on--
       ``(i) the Occupational Information Network Database (O*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       ``(F) Zone 3 occupation.--The term `zone 3 occupation' 
     means an occupation that requires medium preparation and is 
     classified as a zone 3 occupation on--
       ``(i) the Occupational Information Network Database (O*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       ``(G) Zone 4 occupation.--The term `zone 4 occupation' 
     means an occupation that requires considerable preparation 
     and is classified as a zone 4 occupation on--
       ``(i) the Occupational Information Network Database (O*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.
       ``(H) Zone 5 occupation.--The term `zone 5 occupation' 
     means an occupation that requires extensive preparation and 
     is classified as a zone 5 occupation on--
       ``(i) the Occupational Information Network Database (O*NET) 
     on the date of the enactment of the Border Security, Economic 
     Opportunity, and Immigration Modernization Act; or
       ``(ii) such Database or a similar successor database, as 
     designated by the Secretary of Labor, after such date of 
     enactment.''.
       (d) Rule of Construction.--The amendments made by this 
     section shall apply notwithstanding title II or any other 
     section of this Act.
                                 ______
                                 
  SA 1719. 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:

       At the appropriate place, insert the following:

     SEC. ___. AGRICULTURAL WORKERS.

       (a) Submission of Blue Card Status Applications From 
     Outside of the United States.--The Secretary shall ensure 
     that aliens residing outside of the United States who are 
     eligible to submit an application for Blue Card status under 
     section 2211 are able to do so through the United States 
     Consulate in the alien's country of residence.
       (b) Record of Employment.--An employer shall not be 
     required to provide, to the Secretary of Agriculture or to 
     each alien granted blue card status who is employed by the 
     employer, a written record of employment more than once per 
     year.
       (c) Sufficient Evidence.--An alien who cannot meet the 
     burden of proof otherwise required under section 
     245F(e)(4)(A) of the Immigration and Nationality Act, as 
     added by section 2212 of this Act, may, in an interview with 
     the Secretary, establish that the alien has performed the 
     days or hours of work referred to in such section by 
     producing sufficient evidence to show the extent of that 
     employment as a matter of just and reasonable inference.
       (d) Allocation of Visas.--Section 218A(c)(1)(B), as added 
     by section 2232 of this Act, is amended to read as follows:
       ``(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 beginning January 1.
       ``(II) 30 percent shall be available beginning 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).''.
       (e) Transition of H-2A Worker Program.--Notwithstanding 
     section 2233, an employer--
       (1) may petition to employ an alien pursuant to section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (1101(a)(15)(H)(ii)(a)) until the date that is 3 years after 
     the date on which the regulations issued pursuant to section 
     2241(b) become effective; and
       (2) may not employ an alien described in paragraph (1) 
     after the date specified in such paragraph.
       (f) Effective Date.--Notwithstanding paragraph (4) of 
     section 2233(b), the amendments made by such section shall 
     take effect on the date that is 3 years after the effective 
     date of the regulations issued pursuant to section 2241(b).
                                 ______
                                 
  SA 1720. Mrs. MURRAY (for herself, Mr. Portman, and Ms. Landrieu) 
submitted an amendment intended to be proposed by her to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. 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.

[[Page S5201]]

       ``(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 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.''.

                          ____________________