[Congressional Record (Bound Edition), Volume 159 (2013), Part 6]
[Senate]
[Pages 8701-8723]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1226. 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:

       On page 912, between lines 9 and 10, insert the following:
       (3) Acquisition of additional unmanned aerial vehicles and 
     unmanned aerial systems.--Notwithstanding paragraphs (1) and 
     (2) of subsection (a), and except as provided in paragraph 
     (4), 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--
       (A) analyzing requirements and developing plans to achieve 
     the unmanned aerial system mission availability objective and 
     acquiring

[[Page 8702]]

     funding to provide necessary operations, maintenance, and 
     equipment;
       (B) developing and implementing procedures to coordinate 
     and support stakeholders' mission requests; and
       (C) establishing interagency agreements with external 
     stakeholders for reimbursement of expenses incurred 
     fulfilling mission requests, to the extent authorized by law.
       (4) Waiver.--The Secretary may waive the application of 
     paragraph (3) if the Secretary--
       (A) determines that such waiver is in the national security 
     interests of the United States; and
       (B) provides Congress with notice of, and justification 
     for, such waiver not later than 15 days before such waiver is 
     granted.
                                 ______
                                 
  SA 1227. Mr. HELLER (for himself and 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:

       On page 861, line 9, strike ``4 members, consisting of 1 
     member'' and insert ``5 members, consisting of 1 member from 
     the Southwestern State of Nevada and 1 member''.
                                 ______
                                 
  SA 1228. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 858, between lines 10 and 11, insert the following:
       (3) US-VISIT system.--Notwithstanding any other provision 
     of this Act, any program that authorizes granting temporary 
     legal status to individuals who are unlawfully present in the 
     United States or adjusting the status of such individuals to 
     that of aliens lawfully admitted for permanent residence may 
     not be implemented until--
       (A) the Secretary submits written certification to the 
     President and Congress that the integrated entry and exit 
     data system required under section 110 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1365a), which was required to be implemented by 
     December 21, 2005, has been fully implemented and is 
     functioning at every land, sea, and air port of entry; and
       (B) a joint resolution of approval is enacted into law 
     pursuant to paragraph (4).
       (4) Joint resolution of approval.--
       (A) In general.--Notwithstanding any other provision of 
     this Act, the Secretary may not exercise any authority to 
     grant temporary legal status to individuals who are 
     unlawfully present in the United States or adjust the status 
     of such individuals to that of aliens lawfully admitted for 
     permanent residence if, not later than 15 calendar days after 
     the date on which Congress receives written certification 
     from the Secretary pursuant to paragraph (3), there is 
     enacted into law a joint resolution approving the 
     certification of the Secretary.
       (B) Contents of joint resolution.--In this paragraph, the 
     term ``joint resolution'' means a joint resolution--
       (i) that is introduced not later than 3 calendar days after 
     the date on which the written certification of the Secretary 
     under paragraph (3) is received by Congress;
       (ii) that does not have a preamble;
       (iii) the title of which is as follows: ``Joint resolution 
     relating to the approval of the certification of the 
     Secretary of Homeland Security obligations under the Border 
     Security, Economic Opportunity, and Immigration Modernization 
     Act''; and
       (iv) the matter after the resolving clause of which is as 
     follows: ``That Congress approves the certification of the 
     implementation of the integrated entry and exit data system 
     required under section 110 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) at 
     every land, sea, and air port of entry''.
       (5) Fast track consideration in house of representatives.--
       (A) Reconvening.--Upon the receipt of a written 
     certification from the Secretary under paragraph (3), the 
     Speaker, if the House would otherwise be adjourned, shall 
     notify the Members of the House that, pursuant to this 
     paragraph, the House shall convene not later than the second 
     calendar day after receipt of such certification;
       (B) Reporting and discharge.--Any committee of the House of 
     Representatives to which a joint resolution is referred shall 
     report it to the House not later than 5 calendar days after 
     the date of receipt of the certification described in 
     paragraph (3). If a committee fails to report the joint 
     resolution within that period, the committee shall be 
     discharged from further consideration of the joint resolution 
     and the joint resolution shall be referred to the appropriate 
     calendar.
       (C) Proceeding to consideration.--After each committee 
     authorized to consider a joint resolution reports it to the 
     House or has been discharged from its consideration, it shall 
     be in order, not later than the sixth day after Congress 
     receives the certification described in paragraph (3), to 
     move to proceed to consider the joint resolution in the 
     House. All points of order against the motion are waived. 
     Such a motion shall not be in order after the House has 
     disposed of a motion to proceed on the joint resolution. The 
     previous question shall be considered as ordered on the 
     motion to its adoption without intervening motion. The motion 
     shall not be debatable. A motion to reconsider the vote by 
     which the motion is disposed of shall not be in order.
       (D) Consideration.--The joint resolution shall be 
     considered as read. All points of order against the joint 
     resolution and against its consideration are waived. The 
     previous question shall be considered as ordered on the joint 
     resolution to its passage without intervening motion except 2 
     hours of debate equally divided and controlled by the 
     proponent and an opponent. A motion to reconsider the vote on 
     passage of the joint resolution shall not be in order.
       (6) Fast track consideration in senate.--
       (A) Reconvening.--Upon receipt of a certification under 
     paragraph (3), if the Senate has adjourned or recessed for 
     more than 2 days, the Majority Leader of the Senate, after 
     consultation with the Minority Leader of the Senate, shall 
     notify the Members of the Senate that, pursuant to this 
     paragraph, the Senate shall convene not later than the second 
     calendar day after receipt of such message.
       (B) Placement on calendar.--Upon introduction in the 
     Senate, the joint resolution shall be placed immediately on 
     the calendar.
       (C) Floor consideration.--
       (i) In general.--Notwithstanding Rule XXII of the Standing 
     Rules of the Senate, it is in order at any time during the 
     period beginning on the 4th day after the date on which 
     Congress receives a certification described in paragraph (3) 
     and ending on the 6th day after the date on which Congress 
     receives such certification (even though a previous motion to 
     the same effect has been disagreed to) to move to proceed to 
     the consideration of the joint resolution, and all points of 
     order against the joint resolution (and against consideration 
     of the joint resolution) are waived. The motion to proceed is 
     not debatable. The motion is not subject to a motion to 
     postpone. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order. If a 
     motion to proceed to the consideration of the resolution is 
     agreed to, the joint resolution shall remain the unfinished 
     business until disposed of.
       (ii) Debate.--Debate on the joint resolution, and on all 
     debatable motions and appeals in connection therewith, shall 
     be limited to not more than 10 hours, which shall be divided 
     equally between the Majority Leader and Minority Leaders or 
     their designees. A motion further to limit debate is in order 
     and not debatable. An amendment to, or a motion to postpone, 
     or a motion to proceed to the consideration of other 
     business, or a motion to recommit the joint resolution is not 
     in order.
       (iii) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the debate on a joint 
     resolution, and a single quorum call at the conclusion of the 
     debate if requested in accordance with the rules of the 
     Senate.
       (iv) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a joint resolution shall be decided without 
     debate.
       (7) Rules relating to senate and house of 
     representatives.--
       (A) Coordination with action by other house.--If, before 
     the passage by 1 House of a joint resolution of that House, 
     that House receives from the other House a joint resolution, 
     then the following procedures shall apply:
       (i) The joint resolution of the other House shall not be 
     referred to a committee.
       (ii) With respect to a joint resolution of the House 
     receiving the resolution--

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

       (B) Treatment of joint resolution of other house.--
       (C) If one House fails to introduce or consider a joint 
     resolution under this section, the joint resolution of the 
     other House shall be entitled to expedited floor procedures 
     under this section.
       (D) Treatment of companion measures.--If, following passage 
     of the joint resolution in the Senate, the Senate receives 
     the companion measure from the House of Representatives, the 
     companion measure shall not be debatable.
       (E) Consideration after passage.--
       (i) In general.--If Congress passes a joint resolution, the 
     period beginning on the date the President is presented with 
     the joint resolution and ending on the date the President 
     takes action with respect to the joint resolution shall be 
     disregarded in computing the 15-calendar day period described 
     in paragraph (4)(A).
       (ii) Vetoes.--If the President vetoes the joint 
     resolution--

       (I) the period beginning on the date the President vetoes 
     the joint resolution and ending on the date the Congress 
     receives the veto message with respect to the joint 
     resolution shall be disregarded in computing the

[[Page 8703]]

     15-calendar day period described in paragraph (4)(A); and
       (II) debate on a veto message in the Senate under this 
     section shall be 1 hour equally divided between the majority 
     and minority leaders or their designees.

       (F) Rules of house of representatives and senate.--This 
     paragraph and paragraphs (4), (5), and (6) are enacted by 
     Congress--
       (i) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively;
       (ii) as such it is deemed a part of the rules of each 
     House, respectively, but applicable only with respect to the 
     procedure to be followed in that House in the case of a joint 
     resolution, and it supersedes other rules only to the extent 
     that it is inconsistent with such rules; and
       (iii) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
                                 ______
                                 
  SA 1229. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 978, strike lines 5 through 10, and insert the 
     following:
       ``(A) In general.--The Secretary shall immediately revoke 
     the status of a registered provisional immigrant, after 
     providing appropriate notice to the alien, if the alien--
                                 ______
                                 
  SA 1230. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 949, strike line 22 and all that follows 
     through ``(5)'' on line 1 of page 950, and insert ``(4)''.
                                 ______
                                 
  SA 1231. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 875, strike line 22 and all that follows 
     through page 876, line 3, and insert the following:
       (C) Annual inflation adjustment required.--The Secretary 
     shall adjust each of the fees and penalties specified in 
     clauses (ii), (iii), (iv), (v), (vi), and (xviii) of 
     subparagraph (B) on October 1, 2014, and annually thereafter, 
     to reflect the inflation rate during the most recent 12-month 
     period, as measured by such price index as the Secretary 
     considers appropriate, rounded to the nearest dollar.
                                 ______
                                 
  SA 1232. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 973, line 2, strike ``$1,000'' and insert 
     ``$2,000''.
       On page 997, line 4, strike ``$1,000'' and insert 
     ``$2,000''.
                                 ______
                                 
  SA 1233. Mr. REED (for himself, Mr. Schumer, and Mr. Casey) 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. __. INADMISSIBILITY OF INDIVIDUALS WHO RENOUNCE 
                   CITIZENSHIP TO AVOID TAXES.

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

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

       ``(ii) Review for covered expatriates.--A covered 
     expatriate shall not be inadmissible under clause (i)(II) if 
     the Secretary determines that the covered expatriate has 
     established by clear and convincing evidence that avoiding 
     taxation by the United States was not one of the principle 
     purposes that the covered expatriate renounced United States 
     citizenship.
       ``(iii) Covered expatriate defined.--In this subparagraph, 
     the term `covered expatriate' means an individual described 
     in section 877A(g)(1) of the Internal Revenue Code of 1986 
     and to whom section 877A(a) of such Code applies.''.
                                 ______
                                 
  SA 1234. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1455, strike line 8, and insert the following:
       (3) Implementation report.--Not later than 60 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives a report the implementation 
     of the biometric exit data system referred to in paragraph 
     (2), the impact of such system on any additional wait times 
     for travelers, and projections for new officer personnel, 
     including U.S. Customs and Border Protection officers.
       (4) Effectiveness report.--Not later than 3 years after the
                                 ______
                                 
  SA 1235. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 897, line 11, insert after ``this Act.'' the 
     following: ``The Secretary shall allocate these officers with 
     the primary goals of reducing primary processing wait times 
     at high volume international airports by 50 percent by the 
     end of fiscal year 2014, and screening all air passengers 
     within 30 minutes under normal operating conditions by the 
     end of fiscal year 2016.''.
       On page 898, line 15, insert ``, for the purpose of 
     implementing subsection (a)'' before the period.
       On page 898, after line 22, add the following:
       (e) Report.--Prior to the hiring and training of additional 
     U.S. Customs and Border Protection officers under subsection 
     (a), the Secretary shall submit to Congress a report on 
     current wait times at land, air, and sea ports of entry, 
     officer staffing at land, air, and sea ports of entry and 
     projections for new officer allocation at land, air, and sea 
     ports of entry designed to implement subsection (a), 
     including the need to hire non-law enforcement personnel for 
     administrative duties.
                                 ______
                                 
  SA 1236. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 866, line 3, insert ``through existing or new 
     programs'' before ``and successfully''.
                                 ______
                                 
  SA 1237. Mr. MERKLEY 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 1793, between lines 17 and 18, insert the 
     following:

     SEC. 4607. AMERICAN JOBS IN AMERICAN FORESTS.

       (a) Short Title.--This section may be cited as the 
     ``American Jobs in American Forests Act of 2013''.
       (b) Definitions.--In this section:
       (1) Forestry.--The term ``forestry'' means--
       (A) propagating, protecting, and managing forest tracts;
       (B) felling trees and cutting them into logs;
       (C) using hand tools or operating heavy powered equipment 
     to perform activities such as preparing sites for planting, 
     tending crop trees, reducing competing vegetation, moving 
     logs, piling brush, and yarding and trucking logs from the 
     forest; and
       (D) planting seedlings and trees.
       (2) H-2B nonimmigrant.--The term ``H-2B nonimmigrant'' 
     means a nonimmigrant described in section 
     101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
       (3) Prospective h-2b employer.--The term ``prospective H-2B 
     employer'' means a United States business that is considering 
     employing 1 or more nonimmigrants described in section 
     101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
       (4) State workforce agency.--Except as used in subsection 
     (c), the term ``State workforce agency'' means the workforce 
     agency of the State in which the prospective H-2B employer 
     intends to employ H-2B nonimmigrants.
       (c) Department of Labor.--
       (1) Recruitment.--As a component of the labor certification 
     process required before H-2B nonimmigrants are offered 
     forestry employment in the United States, the Secretary of 
     Labor shall require all prospective H-2B employers, before 
     they submit a petition to hire H-2B nonimmigrants to work in 
     forestry, to conduct a robust effort to recruit

[[Page 8704]]

     United States workers, including, to the extent the State 
     workforce agency considers appropriate--
       (A) advertising at employment or job-placement events, such 
     as job fairs;
       (B) advertising with State or local workforce agencies, 
     nonprofit organizations, or other appropriate entities, and 
     working with such entities to identify potential employees;
       (C) advertising in appropriate media, including local radio 
     stations and commonly used, reputable Internet job-search 
     sites; and
       (D) such other recruitment strategies as the State 
     workforce agency considers appropriate for the sector or 
     positions for which H-2B nonimmigrants would be considered.
       (2) Separate petitions.--A prospective H-2B employer shall 
     submit a separate petition for each State in which the 
     employer plans to employ H-2B nonimmigrants in forestry for a 
     period of 7 days or longer.
       (d) State Workforce Agencies.--The Secretary of Labor may 
     not grant a temporary labor certification to a prospective H-
     2B employer seeking to employ H-2B nonimmigrants in forestry 
     until after the Director of the State workforce agency--
       (1) has, after formally consulting with the workforce 
     agency director of each contiguous State listed on the 
     prospective H-2B employer's application, determined that--
       (A) the employer has complied with all recruitment 
     requirements set forth in subsection (c) and there is a 
     legitimate demand for the employment of H-2B nonimmigrants in 
     each of those States; or
       (B) the employer has amended the application by removing or 
     making appropriate modifications with respect to the States 
     in which the criteria set forth in subparagraph (A) have not 
     been met;
       (2) certifies that the prospective H-2B employer has 
     complied with all recruitment requirements set forth in 
     subsection (c) or any other applicable provision of law; and
       (3) makes a formal determination that nationals of the 
     United States are not qualified or available to fill the 
     employment opportunities offered by the prospective H-2B 
     employer.
                                 ______
                                 
  SA 1238. Mr. RISCH (for himself 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:

       On page 1392, line 13, strike ``(F)'' and insert the 
     following:
       ``(F) Exception.--Any employer who violates any provision 
     of this section, including, but not limited to, failure to 
     query the System to verify the identity and work authorized 
     status of an individual or failure to comply with any 
     requirement under subsection (d), shall not be subject to any 
     civil or criminal penalty under this Act unless the Secretary 
     demonstrates, by the appropriate evidentiary standard of 
     proof, that the individual in question is not authorized to 
     work in the United States. Nothing in this subparagraph may 
     be construed to limit the safe harbor provision under section 
     3610(g)(2) of the Border Security, Economic Opportunity and 
     Immigration Modernization Act or the good faith defenses 
     under subsections (a)(5), (a)(6), and (d)(5).
       ``(G)
                                 ______
                                 
  SA 1239. Mr. KIRK (for himself and Mr. Coons) submitted an amendment 
intended to be proposed by him to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

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

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

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

``Sec. 329B. Persons who have received an award for engagement in 
              active combat or active participation in combat.''.
                                 ______
                                 
  SA 1240. Mrs. BOXER (for herself and Ms. Landrieu) submitted an 
amendment intended to be proposed by her to the bill S. 744, to provide 
for comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 919, line 17, insert after ``agents,'' the 
     following: ``in consultation with the Secretary of Defense, 
     National Guard personnel performing duty to assist U.S. 
     Customs and Border Protection under section 1103(c)(6) of 
     this Act, Coast Guard officers and agents assisting in 
     maritime border enforcement efforts,''.
                                 ______
                                 
  SA 1241. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) 
submitted an amendment intended to be proposed by him to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 908, between lines 7 and 8, insert the following:
       (e) Border Enforcement Security Task Force.--
       (1) In general.--The Secretary shall enhance law 
     enforcement preparedness and operational readiness in the 
     Southwest border region by expanding the Border Enforcement 
     Security Task Force (referred to in this section as 
     ``BEST''), established under section 432 of the Homeland 
     Security Act of 2002 (6 U.S.C. 240).
       (2) Units to be expanded.--The Secretary shall expand the 
     BEST units operating on the date of the enactment of this Act 
     in New Mexico, Texas, Arizona, and California by increasing 
     the funding available for operational, administrative, and 
     technological costs associated with the participation of 
     Federal, State, local, and tribal law enforcement agencies in 
     BEST.
       (3) Funding.--There are authorized to be appropriated, from 
     the Comprehensive Immigration Reform Trust Fund established 
     under section 6(a)(1), such sums as may be necessary to carry 
     out this subsection.
                                 ______
                                 
  SA 1242. 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:

       After section 1115, insert the following:

     SEC. 1116. BORDER INFECTIOUS DISEASE SURVEILLANCE PROJECT.

       (a) Funding for Border States.--Of the amount in the 
     Comprehensive Immigration Reform Trust Fund established by 
     section 6(a), $5,000,000 shall be made available to health 
     authorities of States along the Northern border or the 
     Southern border to strengthen the Border Infectious Disease 
     Surveillance project.
       (b) Use of Funds.--Amounts made available under subsection 
     (a) shall be used to implement priority surveillance, 
     epidemiology, and preparedness activities in the regions 
     along the Northern border or the Southern border to respond 
     to potential outbreaks and epidemics, including those caused 
     by potential bioterrorism agents.
       (c) Allocation of Funds.--Of the amounts made available 
     under subsection (a)--
       (1) $1,500,000 shall be made available to States along the 
     Northern border, which may use the infrastructure of the 
     Assistant Secretary for Preparedness and Response of the 
     Department of Health and Human Services; and
       (2) $3,500,000 shall be made available to States along the 
     Southern border.
                                 ______
                                 
  SA 1243. Mr. ISAKSON submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 954, beginning on line 20, strike ``and'' and all 
     that follows through ``(III)'' on line 21, and insert the 
     following:

       ``(III) an affidavit from the alien stating that the 
     alien--

       ``(aa) unlawfully entered the United States on or before 
     December 31, 2012; or

[[Page 8705]]

       ``(bb) remained in the United States after the expiration 
     of a valid visa, which expiration occurred before the date of 
     the enactment of the Border Security, Economic Opportunity, 
     and Immigration Modernization Act.

       ``(IV)

       On page 1045, line 14, strike the period at the end and 
     insert the following: ", including an affidavit from the 
     alien stating that the alien--
       (i) unlawfully entered the United States on or before 
     December 31, 2012; or
       (ii) remained in the United States after the expiration of 
     a valid visa, which expiration occurred before the date of 
     the enactment of this Act.
       On page 1477, beginning on line 9, strike ``and'' and all 
     that follows through ``(E)'' on line 10, and insert the 
     following:
       ``(E) submits an affidavit to the Secretary of Homeland 
     Security or the Attorney General stating that the alien--
       ``(i) unlawfully entered the United States on or before 
     December 31, 2012; or
       ``(ii) remained in the United States after the expiration 
     of a valid visa, which expiration occurred before the date of 
     the enactment of the Border Security, Economic Opportunity, 
     and Immigration Modernization Act.
       ``(F)
                                 ______
                                 
  SA 1244. Mr. ISAKSON submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 1679, line 23, strike the period and insert the 
     following ``unless, in connection with such placement, 
     outsourcing, leasing, or contracting, the H-1B nonimmigrant--
       ``(I) remains under the supervision and control of the 
     employer; and
       ``(II) is primarily engaged in services involving the 
     installation or configuration of products provided by the 
     employer.
                                 ______
                                 
  SA 1245. Mr. ISAKSON submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 1672, line 24, strike the comma at the 
     end and all that follows through page 1673, line 2, and 
     insert the following: ``wages that--

       ``(I) are not less than the level 2 wages set out in 
     subsection (p); or
       ``(II) are consistent with the market rate, as evidenced by 
     an independent authoritative wage survey or comparable 
     evidence ; and

                                 ______
                                 
  SA 1246. Mr. HATCH (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed by him to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. ENSURING COMPLIANCE WITH RESTRICTIONS ON WELFARE 
                   AND PUBLIC BENEFITS FOR ALIENS.

       (a) General Prohibition.--No officer or employee of the 
     Federal Government may--
       (1) waive compliance with any requirement in title IV of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.) in effect 
     on the date of enactment of this Act or with any restriction 
     on eligibility for any form of assistance or benefit 
     described in section 403(a) of the Personal Responsibility 
     and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1613(a)) established under a provision of this Act or an 
     amendment made by this Act;
       (2) waive the prohibition under subsection (d)(3) of 
     section 245B of the Immigration and Nationality Act (as added 
     by section 2101 of this Act) on eligibility for Federal 
     means-tested public benefits for any alien granted registered 
     provisional immigrant status under section 245B of the 
     Immigration and Nationality Act;
       (3) waive the prohibition under subsection (c)(3) of 
     section 2211 of this Act on eligibility for Federal means-
     tested public benefits for any alien granted blue card status 
     under that section;
       (4) waive the prohibition under subsection (c) of section 
     2309 of this Act on eligibility for Federal means-tested 
     public benefits for any noncitizen who is lawfully present in 
     the United States pursuant to section 101(a)(15)(V) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) (as 
     amended by section 2309(a)); or
       (5) waive the prohibition under subsection (w)(2)(C) of 
     section 214 of the Immigration and Nationality Act (8 U.S.C. 
     1184(w)(2)(C)) (as added by section 4504(b) of this Act) on 
     eligibility for any assistance or benefits described in 
     section 403(a) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) for 
     any alien described in section 101(a)(15)(Y) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Y) (as 
     added by section 4504 of this Act) who is issued a 
     nonimmigrant visa.
       (b) Ensuring Compliance With Federal Welfare Law.--
       (1) Restriction of secretary of health and human services 
     authority.--In addition to the prohibitions specified in 
     subsection (a), the Secretary of Health and Human Services 
     (in this subsection referred to as the ``Secretary'') shall 
     not do the following:
       (A) Waive compliance by a State with, or otherwise permit a 
     State not to comply with, any of the Temporary Assistance for 
     Needy Families (TANF) work requirements in section 407 of the 
     Social Security Act (42 U.S.C. 607), including the 
     participation rate requirements. The Secretary also may not 
     permit accountability by a State for negotiated outcomes to 
     substitute for the participation rate requirements under such 
     section.
       (B) Permit a State to spend TANF funds for a benefit or 
     service that is not an allowable use of funds under section 
     404 of the Social Security Act (42 U.S.C. 604).
       (C) Permit a State to use funds provided under section 
     403(a)(2) of the Social Security Act (42 U.S.C. 603(a)(2)) 
     for healthy marriage promotion and responsible fatherhood 
     grants for expenditures other than expressly permitted under 
     that section.
       (D) Waive compliance by a State with, or otherwise permit a 
     State not to comply with, any of the prohibitions and 
     requirements in section 408 of the Social Security Act (42 
     U.S.C. 608), including extending assistance to a family for 
     which assistance would otherwise be prohibited under that 
     section.
       (E) Waive the imposition of a penalty on a State derived 
     from any experimental pilot or demonstration projects under 
     section 1115 of the Social Security Act (42 U.S.C. 1315) or 
     as part of authorizing, approving, renewing, modifying or 
     extending any such project, including with respect to work 
     participation rates or providing assistance to a family 
     beyond the period permitted under section 408(a)(7) of the 
     Social Security Act (42 U.S.C. 608(a)(7)), that the Secretary 
     is required to apply under section 409 of the Social Security 
     Act (42 U.S.C. 609) or determine there is a reasonable cause 
     exception to the imposition of a penalty on a State required 
     by that section.
       (F) Authorize, approve, renew, modify, or extend any 
     experimental, pilot, or demonstration project under section 
     1115 of the Social Security Act (42 U.S.C. 1315) submitted by 
     a State that requests a waiver of compliance with any rule, 
     requirement, or prohibition described in subsection (a) or 
     subparagraphs (A) through (E) of this paragraph, including 
     through a waiver under--
       (i) section 1115(a)(1) of such Act of any TANF requirement 
     in, or incorporated by reference in, section 402 of the 
     Social Security Act (42 U.S.C. 602); or
       (ii) section 1115(a)(2)(B) of such Act by authorizing an 
     expenditure that would not otherwise be an allowable use of 
     funds under a State program funded under part A of title IV 
     of such Act (42 U.S.C. 601 et seq.) to be regarded as an 
     allowable use of funds under that program for any period.
       (2) Rescission of waivers and 1115 projects.--Any waiver, 
     and any approval of any experimental, pilot, or demonstration 
     project under section 1115 of the Social Security Act (42 
     U.S.C. 1315), of any rule, requirement, or prohibition 
     described in subsection (a) or subparagraphs (A) through (E) 
     of paragraph (1) of this subsection, that is granted before 
     the date of the enactment of this section is hereby rescinded 
     and shall be null and void.
       (3) Rule of construction.--Nothing in paragraph (1) or (2) 
     shall be construed as limiting the authority of the Secretary 
     of Health and Human Services under section 1115 of the Social 
     Security Act (42 U.S.C. 1315) to grant a State application to 
     conduct an experimental, pilot, or demonstration project 
     under section 1115 with respect to the Medicaid program 
     established under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.), including a State application for a 
     project to operate the Medicaid program with a block grant 
     for the federal share of the program funding.
                                 ______
                                 
  SA 1247. Mr. HATCH (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed by him to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 952, strike lines 4 through 21 and insert the 
     following:
       ``(2) Payment of taxes.--
       ``(A) In general.--An alien may not file an application for 
     registered provisional immigrant status under paragraph (1) 
     unless the applicant has established the payment of any 
     applicable Federal tax liability.
       ``(B) Applicable federal tax liability.--In this paragraph, 
     the term `applicable Federal tax liability' means, with 
     respect to an alien--
       ``(i) all Federal income and employment taxes owed by such 
     alien for any period in which such alien was present in the 
     United States, and
       ``(ii) any interest and penalties owed in connection with 
     such taxes.
       ``(C) Demonstration of compliance.--

[[Page 8706]]

       ``(i) In general.--An applicant shall demonstrate 
     compliance with this paragraph by establishing to the 
     satisfaction of the Secretary of the Treasury that--

       ``(I) no applicable Federal tax liability exists;
       ``(II) all outstanding applicable Federal tax liabilities 
     have been met; or
       ``(III) the applicant has entered into an agreement for 
     payment of all outstanding applicable Federal tax liabilities 
     with the Secretary of the Treasury.

       ``(ii) Documentation.--The Secretary of the Treasury 
     shall--

       ``(I) maintain records and documentation for aliens who 
     have established the payment of all applicable Federal tax 
     liability to which this paragraph applies; and
       ``(II) provide such documentation to an alien upon request.

       ``(iii) Secretary of the treasury.--For purposes of this 
     paragraph, the term `Secretary of the Treasury' includes any 
     delegate (as defined in section 7701(a)(12)(A)(i) of the 
     Internal Revenue Code of 1986) of the Secretary of the 
     Treasury.
       ``(D) Regulatory authority.--The Secretary of the Treasury 
     shall issue regulations to carry out the purposes of this 
     paragraph, including regulations relating to the 
     determination of whether applicable Federal tax liability has 
     been satisfied and the issuance of documentation under 
     subparagraph (C)(ii)(II).
       On page 970, line 23, strike ``has satisfied'' and insert 
     ``has established the payment of''.
       On page 985, strike lines 1 through 19 and insert the 
     following:
       ``(2) Payment of taxes.--
       ``(A) In general.--An applicant may not file an application 
     for adjustment of status under this section unless the 
     applicant has established the payment of any applicable 
     Federal tax liability.
       ``(B) Applicable federal tax liability.--In this paragraph, 
     the term `applicable Federal tax liability' means, with 
     respect to an alien--
       ``(i) all Federal income and employment taxes owed by such 
     alien for the period beginning on the date on which the 
     applicant was authorized to work in the United States as a 
     registered provisional immigrant under section 245(a), and
       ``(ii) any interest and penalties owed in connection with 
     such taxes.
       ``(C) Demonstration of compliance.--
       ``(i) In general.--An applicant shall demonstrate 
     compliance with this paragraph by establishing to the 
     satisfaction of the Secretary of the Treasury that--

       ``(I) no applicable Federal tax liability exists;
       ``(II) all outstanding applicable Federal tax liabilities 
     have been met; or
       ``(III) the alien has entered into an agreement for payment 
     of all outstanding applicable Federal tax liabilities with 
     the Secretary of the Treasury.

       ``(ii) Documentation.--The Secretary of the Treasury 
     shall--

       ``(I) maintain records and documentation for aliens who 
     have established the payment of all applicable Federal tax 
     liability to which this paragraph applies; and
       ``(II) provide such documentation to an alien upon request.

       ``(iii) Secretary of the treasury.--For purposes of this 
     paragraph, the term `Secretary of the Treasury' includes any 
     delegate (as defined in section 7701(a)(12)(A)(i) of the 
     Internal Revenue Code of 1986) of the Secretary of the 
     Treasury.
       ``(D) Regulatory authority.--The Secretary of the Treasury 
     shall issue regulations to carry out the purposes of this 
     paragraph, including regulations relating to the 
     determination of whether applicable Federal tax liability has 
     been satisfied and the issuance of documentation under 
     subparagraph (C)(ii)(II).
       Beginning on page 1068, strike line 11 and all that follows 
     through page 1069, line 3, and insert the following:
       ``(4) Payment of taxes.--
       ``(A) In general.--An applicant may not file an application 
     for adjustment of status under this section unless the 
     applicant has established the payment of any applicable 
     Federal tax liability.
       ``(B) Applicable federal tax liability.--In this paragraph, 
     the term `applicable Federal tax liability' means, with 
     respect to an alien--
       ``(i) all Federal income and employment taxes owed by such 
     alien for the period beginning on the date on which the 
     applicant was authorized to work in the United States in blue 
     card status, and
       ``(ii) any interest and penalties owed in connection with 
     such taxes.
       ``(C) Demonstration of compliance.--
       ``(i) In general.--An applicant shall demonstrate 
     compliance with this paragraph by establishing to the 
     satisfaction of the Secretary of the Treasury that--

       ``(I) no applicable Federal tax liability exists;
       ``(II) all outstanding applicable Federal tax liabilities 
     have been met; or
       ``(III) the alien has entered into an agreement for payment 
     of all outstanding applicable Federal tax liabilities with 
     the Secretary of the Treasury.

       ``(ii) Documentation.--The Secretary of the Treasury 
     shall--

       ``(I) maintain records and documentation for aliens who 
     have established the payment of all applicable Federal tax 
     liability to which this paragraph applies; and
       ``(II) provide such documentation to an alien upon request.

       ``(iii) Secretary of the treasury.--For purposes of this 
     paragraph, the term `Secretary of the Treasury' includes any 
     delegate (as defined in section 7701(a)(12)(A)(i) of the 
     Internal Revenue Code of 1986) of the Secretary of the 
     Treasury.
       ``(D) Regulatory authority.--The Secretary of the Treasury 
     shall issue regulations to carry out the purposes of this 
     paragraph, including regulations relating to the 
     determination of whether applicable Federal tax liability has 
     been satisfied and the issuance of documentation under 
     subparagraph (C)(ii)(II).
                                 ______
                                 
  SA 1248. Mr. HATCH (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed by him to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 981, line 7, strike ``(5)'' and insert the 
     following:
       ``(5) Application of waiting periods for purposes of 
     ppaca.--The provisions of section 403(a) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 shall apply to an alien who has been granted registered 
     provisional immigrant status, with respect to eligibility for 
     tax credits under section 36B of the Internal Revenue Code of 
     1986 and cost sharing assistance under section 1402 of the 
     Patient Protection and Affordable Care Act, beginning on the 
     date on which such alien becomes an alien lawfully admitted 
     for permanent residence under section 245C.
       ``(6)
       On page 1061, line 13, strike ``(5)'' and insert the 
     following:
       (5) Application of waiting periods for purposes of ppaca.--
     The provisions of section 403(a) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 shall apply to a noncitizen who has been granted blue 
     card status, with respect to eligibility for tax credits 
     under section 36B of the Internal Revenue Code of 1986 and 
     cost sharing assistance under section 1402 of the Patient 
     Protection and Affordable Care Act, beginning on the date on 
     which such noncitizen becomes an alien lawfully admitted for 
     permanent residence under section 245C of the Immigration and 
     Nationality Act, as added by section 2102 of this Act.
       (6)
       Beginning on page 1220, strike line 10 and all that follows 
     through page 1221, line 5, and insert the following:
       (c) Public Benefits.--
       (1) In general.--An alien who is lawfully present in the 
     United States in any nonimmigrant status--
       (A) is not entitled to the premium assistance tax credit 
     authorized under section 36B of the Internal Revenue Code of 
     1986 for his or her coverage;
       (B) shall be subject to the rules applicable to individuals 
     not lawfully present that are set forth in subsection (e) of 
     such section;
       (C) shall be subject to the rules applicable to individuals 
     not lawfully present that are set forth in section 1402(e) of 
     the Patient Protection and Affordable Care Act (42 U.S.C. 
     18071); and
       (D) shall be subject to the rules applicable to individuals 
     not lawfully present set forth in section 5000A(d)(3) of the 
     Internal Revenue Code of 1986.
       (2) Application of waiting periods for purposes of ppaca.--
     The provisions of section 403(a) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 shall apply to an alien described in paragraph (1), with 
     respect to eligibility for tax credits under section 36B of 
     the Internal Revenue Code of 1986 and cost sharing assistance 
     under section 1402 of the Patient Protection and Affordable 
     Care Act, beginning on the date on which such alien becomes 
     an alien lawfully admitted for permanent residence under 
     section 245C of the Immigration and Nationality Act, as added 
     by section 2102 of this Act.
                                 ______
                                 
  SA 1249. Mr. HATCH (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed by him to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1031, after line 22, insert the following:
       (d) Preclusion of Social Security Credits for Periods 
     Without Work Authorization.--
       (1) Insured status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Insured Status.--
       ``(1) In general.--Except as provided in paragraph (2), for 
     purposes of subsections (a) and (b), no quarter of coverage 
     shall be credited for any calendar year beginning on or after 
     January 1, 2004, with respect to an individual who is not a 
     natural-born United

[[Page 8707]]

     States citizen, unless the Commissioner of Social Security 
     determines, on the basis of information provided to the 
     Commissioner in accordance with an agreement entered into 
     under subsection (d) or otherwise, that the individual was 
     authorized to be employed in the United States during such 
     quarter.
       ``(2) Exception.--Paragraph (1) shall not apply to an 
     individual who was assigned a social security account number 
     before January 1, 2004.
       ``(d) Agreement.--Not later than 180 days after the date of 
     the enactment of this subsection, the Secretary of Homeland 
     Security shall enter into an agreement with the Commissioner 
     of Social Security to provide such information as the 
     Commissioner determines necessary to carry out the limitation 
     on crediting quarters of coverage under subsection (c).''.
       (2) Benefit computation.--Section 215(e) of the Social 
     Security Act (42 U.S.C. 415(e)) is amended--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) in computing the average indexed monthly earnings of 
     an individual, there shall not be counted any wages or self-
     employment income for any year for which no quarter of 
     coverage may be credited to such individual as a result of 
     the application of section 214(c).''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to benefit applications filed on or after the 
     date that is 180 days after the date of the enactment of this 
     Act based on the wages or self-employment income of an 
     individual with respect to whom a primary insurance amount 
     has not been determined under title II of the Social Security 
     Act (42 U.S.C. 401 et seq.) before such date.
                                 ______
                                 
  SA 1250. Mrs. FEINSTEIN (for herself and Mr. Coons) submitted an 
amendment intended to be proposed by her to the bill S. 744, to provide 
for comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

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

     funding level provided in this Act;

       (xviii) costs to the Judiciary estimated to be caused by 
     the implementation of this Act and the amendments made by 
     this Act, as the Secretary and the Judicial Conference of the 
     United States shall jointly determine in consultation with 
     the Attorney General; and
       (xix) the operations and maintenance costs associated with 
     the implementation of clauses (i) through (xvii).
                                 ______
                                 
  SA 1251. Mr. CORNYN (for himself, Mr. Crapo, Mr. Blunt, Mr. Kirk, Mr. 
Hatch, Mr. Alexander, Mr. Isakson, Mr. Roberts, Mr. Burr, Mr. 
Chambliss, Mr. Johanns, and Mr. Barrasso) 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 2 and all that follows through the end of 
     title I inserting the following:

     SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS.

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

     SEC. 3. EFFECTIVE DATE TRIGGERS.

       (a) Definitions.--In this section and sections 4 through 8 
     of this Act:
       (1) Commission.--The term ``Commission'' means the Southern 
     Border Security Commission established pursuant to section 4.
       (2) Comprehensive southern border security strategy.--The 
     term ``Comprehensive Southern Border Security Strategy'' 
     means the strategy established by the Secretary pursuant to 
     section 5(a) to achieve and maintain operational control and 
     full situational awareness of the Southern border.
       (3) Consequence delivery system.--The term ``Consequence 
     Delivery System'' means the series of consequences applied to 
     persons illegally entering the United States by U.S. Border 
     Patrol to prevent illegal border crossing recidivism.
       (4) Effectiveness rate.--The term ``effectiveness rate'' 
     means a metric, informed by situational awareness, that 
     measures the percentage calculated by dividing--
       (A) the number of illegal border crossers who are 
     apprehended or turned back during a fiscal year (excluding 
     those who are believed to have turned back for the purpose of 
     engaging in criminal activity), by
       (B) the total number of illegal entries in the sector 
     during such fiscal year.
       (5) Full situational awareness.--The term ``full 
     situational awareness'' means situational awareness of the 
     entire Southern border, including the functioning and 
     operational capability to conduct continuous and integrated 
     manned or unmanned, monitoring, sensing, or surveillance of 
     100 percent of Southern border mileage or the immediate 
     vicinity of the Southern border .
       (6) Major violator.--The term ``major violator'' means a 
     person or entity that has engaged in serious criminal 
     activities at any port of entry along the Southern border, 
     including possession of narcotics, smuggling of prohibited 
     products, human smuggling, human trafficking, weapons 
     possession, use of fraudulent United States documents, or 
     other offenses serious enough to result in arrest.
       (7) Northern border.--The term ``Northern border'' means 
     the international border between the United States and 
     Canada.
       (8) Operational control.--The term ``operational control'' 
     means that, within each and every sector of the Southern 
     border, a condition exists in which there is an effectiveness 
     rate, informed by situational awareness, of not lower than 90 
     percent.
       (9) Situational awareness.--The term ``situational 
     awareness'' means knowledge and an understanding of current 
     illicit cross-border activity, including cross-border threats 
     and trends concerning illicit trafficking and unlawful 
     crossings along the international borders of the United 
     States and in the maritime environment, and the ability to 
     predict future shifts in such threats and trends.
       (10) Southern border.--The term ``Southern border'' means 
     the international border between the United States and 
     Mexico.
       (b) Border Security Goals.--The border security goals of 
     the Department shall be--
       (1) to achieve and maintain operational control of the 
     Southern border within 5 years of the date of the enactment 
     of this Act;
       (2) to achieve and maintain full situational awareness of 
     the Southern border within 5 years of the date of the 
     enactment of this Act;
       (3) to fully implement a biometric entry and exit system at 
     all land, air, and sea ports of entry in accordance with the 
     requirements set forth in section 7208 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b) 
     within 5 years of the date of the enactment of this Act; and
       (4) to implement a mandatory employment verification system 
     required by section 274A of the Immigration and Nationality 
     Act (8 U.S.C. 1324a), as amended by section 3101 of this Act, 
     within 5 years of the date of the enactment of this Act.
       (c) Triggers.--
       (1) Processing of applications for registered provisional 
     immigrant status.--Not earlier than the date upon which the 
     Secretary has submitted to Congress the Notice of 
     Commencement of implementation of the Comprehensive Southern 
     Border Security Strategy required by section 5 of this Act, 
     the Secretary may commence processing applications for 
     registered provisional immigrant status pursuant to section 
     245B of the Immigration and Nationality Act, as added by 
     section 2111 of this Act.
       (2) Adjustment of status of registered provisional 
     immigrants.--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 2211 of this Act or

[[Page 8708]]

     described in section 245D(b) of the Immigration and 
     Nationality Act, as added by section 2103 of this Act, 
     until--
       (A) not earlier than 9 years and 6 months after the date of 
     the enactment of this Act, the Secretary and the Commissioner 
     of United States Customs and Border Protection jointly submit 
     to the President and Congress a written certification, 
     including a comprehensive report detailing the data, 
     methodologies, and reasoning justifying such certification, 
     that certifies, under penalty of perjury, that--
       (i) the Secretary has achieved and maintained full 
     situational awareness of the Southern border for the 12-month 
     period immediately preceding such certification;
       (ii) the Secretary has achieved and maintained operational 
     control of the Southern border for the 12-month period 
     immediately preceding such certification;
       (iii) the Secretary has implemented the mandatory 
     employment verification system required by section 274A of 
     the Immigration and Nationality Act (8 U.S.C. 1324a), as 
     amended by section 3101 of this Act, for use by all employers 
     to prevent unauthorized workers from obtaining employment in 
     the United States; and
       (iv) the Secretary has implemented a biometric entry and 
     exit data system at all airports and seaports at which U.S. 
     Customs and Border Protection personnel were deployed on the 
     date of the enactment of this Act, and in accordance with the 
     requirements set forth in section 7208 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b); 
     and
       (B) not earlier than 60 days after the submission of a 
     certification under paragraph (A), the Inspector General of 
     the Department of Homeland Security, who has been appointed 
     by the President, by and with the advice and consent of the 
     Senate, in consultation with the Comptroller General of the 
     United States, reviews the reliability of the data, 
     methodologies, and conclusions of a certification under 
     subparagraph (A) and submits to the President and Congress a 
     written certification and report attesting that each of the 
     requirements of clauses (i), (ii), (iii), and (iv) of 
     subparagraph (A) have been achieved.
       (d) Protecting Constitutional Separation of Powers Against 
     Abuses of Discretion.--
       (1) Emergency comptroller general report.--Not later than 
     30 days after the submission of a certification by the 
     Secretary under subsection (c)(2)(A), the Comptroller General 
     of the United States shall review such certification and 
     provide Congress with a written report reviewing the 
     reliability of such certification, and expressing the 
     conclusion of the Comptroller General as to whether or not 
     the requirements of clauses (i), (ii), (iii), and (iv) of 
     subsection (c)(2)(A) have been achieved.
       (2) Sense of congress.--It is the sense of Congress that 
     the United States Senate should use its powers of advice and 
     consent under section 102(a)(1) of the Homeland Security Act 
     of 2002 (6 U.S.C. 112(a)(1)) and section 3(a) of the 
     Inspector General Act of 1978 (5 U.S.C. App.) to ensure that 
     the triggers contained in subsection (c) have been fully 
     achieved.

     SEC. 4. SOUTHERN BORDER SECURITY COMMISSION.

       (a) Establishment.--Not later than 60 days after the date 
     of the enactment of this Act, there shall be established a 
     commission to be known as the ``Southern Border Security 
     Commission'' (in this section referred to as the 
     ``Commission'').
       (b) Composition.--
       (1) In general.--The Commission shall be composed of up to 
     8 members as follows:
       (A) The Governor of the State of Arizona, or the designee 
     of the Governor.
       (B) The Governor of the State of California, or the 
     designee of the Governor.
       (C) The Governor of the State of New Mexico, or the 
     designee of the Governor.
       (D) The Governor of the State of Texas, or the designee of 
     the Governor.
       (E) One designee of the Governor of the State of Arizona 
     who is not such official or such official's designee under 
     subparagraph (A).
       (F) One designee of the Governor of the State of California 
     who is not such official or such official's designee under 
     subparagraph (B).
       (G) One designee of the Governor of the State of New Mexico 
     who is not such official or such official's designee under 
     subparagraph (C).
       (H) One designee of the Governor of the State of Texas who 
     is not such official or such official's designee under 
     subparagraph (D).
       (2) Chair.--At the first meeting of the Commission, a 
     majority of the members of the Commission present and voting 
     shall elect the Chair of the Commission.
       (3) Rules.--The Commission shall establish the rules and 
     procedures of the Commission which shall require the approval 
     of a majority of members of the Commission.
       (4) Meetings.--Members of the Commission shall meet at the 
     times and places of their choosing.
       (5) Nature of requirements.--The tenure and terms of 
     participation as a member of the Commission of any Governor 
     or designee of a Governor under this subsection shall be 
     subject to the sole discretion of such Governor.
       (c) Consultation; Federalism Protections.--
       (1) Consultation.--The Secretary shall regularly consult 
     with members of the Commission as to the substance and 
     contents of any strategy, plan, or report required by section 
     5 of this Act.
       (2) Federalism protections.--The Secretary may make no 
     rules, regulations, or conditions regarding the operation of 
     the Commission, or the terms of service of members of the 
     Commission.
       (d) Transition.--The Secretary shall no longer be required 
     to consult with the Commission under subsection (d)(1) on the 
     date which is the earlier of--
       (1) 30 days after the date on which a certification is made 
     by the Secretary and Comptroller General of the United States 
     under section 3(c)(2)(A) of this Act; or
       (2) 10 years after the date of the enactment of this Act.

     SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY.

       (a) Comprehensive Southern Border Security Strategy.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall submit a 
     strategy, to be known as the ``Comprehensive Southern Border 
     Security Strategy'' (in this section referred to as the 
     ``Strategy)'', for achieving and maintaining operational 
     control and full situational awareness of the Southern 
     border, to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security of the House of 
     Representatives;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on the Judiciary of the House;
       (E) the Committee on Appropriations of the Senate;
       (F) the Committee on Appropriations of the House of 
     Representatives; and
       (G) the Comptroller General of the United States.
       (2) Elements.--The Strategy shall include, at a minimum, a 
     consideration of the following:
       (A) The state of operational control and situational 
     awareness of the Southern border, including a sector-by-
     sector analysis.
       (B) An assessment of principal Southern border security 
     threats.
       (C) Efforts to analyze and disseminate Southern border 
     security and Southern border threat information between 
     Department border security components.
       (D) Efforts to increase situational awareness of the 
     Southern border in accordance with privacy, civil liberties, 
     and civil rights protections, including--
       (i) surveillance capabilities developed or utilized by the 
     Department of Defense, including any technology determined to 
     be excess by the Department of Defense; and
       (ii) use of manned aircraft and unmanned aerial systems, 
     including the camera and sensor technology deployed on such 
     assets.
       (E) A Southern border fencing strategy that identifies 
     where fencing, including double-layer fencing, 
     infrastructure, and technology should be deployed along the 
     Southern border.
       (F) A comprehensive Southern border security technology 
     plan for detection technology capabilities, including a 
     documented justification and rationale for the technologies 
     selected, deployment locations, fixed versus mobile assets, 
     and a timetable for procurement and deployment.
       (G) Technology required to both enhance security and 
     facilitate trade at Southern border ports of entry, including 
     nonintrusive detection equipment, radiation detection 
     equipment, biometric technology, and other sensors and 
     technology that the Secretary determines necessary.
       (H) Operational coordination of Department Southern border 
     security components, including efforts to ensure that a new 
     border security technology can be operationally integrated 
     with existing technologies in use by the Department.
       (I) Cooperative agreements other Federal law enforcement 
     agencies and State, local, tribal, and territorial law 
     enforcement agencies that have jurisdiction on the Southern 
     border, or in the maritime environment.
       (J) Information received from consultation with other 
     Federal law enforcement agencies and State, local, tribal, 
     and territorial law enforcement agencies that have 
     jurisdiction on the Southern border, or the maritime 
     environment, and from Southern border community stakeholders, 
     including representatives from border agricultural and 
     ranching organizations and representatives from business 
     organizations within close proximity of the Southern border.
       (K) Agreements with foreign governments that support the 
     border security efforts of the United States.
       (L) Efforts to detect and prevent terrorists and 
     instruments of terrorism from entering the United States.
       (M) Staffing requirements for all Southern border security 
     functions.
       (N) Metrics required by section 6 of this Act.
       (O) An assessment of existing efforts and technologies used 
     for border security and the

[[Page 8709]]

     effect of the use of such efforts and technologies on civil 
     rights, private property rights, privacy rights, and civil 
     liberties.
       (P) Resources and other measures that are necessary to 
     achieve a 50 percent reduction in the average wait times of 
     commercial and passenger vehicles at international land ports 
     of entry along the Southern border and the Northern border.
       (Q) A prioritized list of research and development 
     objectives to enhance the security of the Southern border.
       (R) A strategy to reduce passenger wait times and cargo 
     screening times at airports that serve as ports of entry.
       (3) Implementation plan.--Not later than 60 days after the 
     submission of the Strategy under paragraph (1), the Secretary 
     shall submit to the committees of Congress specified in 
     paragraph (1) an implementation plan for each of the border 
     security components of the Department to carry out the 
     Strategy. The plan shall include, at a minimum--
       (A) a comprehensive border security technology plan for 
     continuous and systematic surveillance of the Southern 
     border, including a documented justification and rationale 
     for the technologies selected, deployment locations, fixed 
     versus mobile assets, and a timetable for procurement and 
     deployment;
       (B) the resources, including personnel, infrastructure, and 
     technologies that must be developed, procured, and 
     successfully deployed, to achieve and maintain operational 
     control and full situational awareness of the Southern 
     border; and
       (C) a set of interim goals and supporting milestones 
     necessary for the Department to achieve and maintain 
     operational control and full situational awareness of the 
     Southern border.
       (4) Semiannual reports.--
       (A) In general.--After the Strategy is submitted under 
     paragraph (1), the Secretary shall submit to the committees 
     of Congress specified in paragraph (1), not later than May 15 
     and November 15 each year, a report on the status of the 
     implementation of the Strategy by the Department, including a 
     report on the state of operational control of the Southern 
     border and the metrics required by section 6 of this Act.
       (B) Elements.--Each report submitted under subparagraph (A) 
     shall include--
       (i) a detailed description of the steps the Department has 
     taken, or plans to take, to execute the Strategy;
       (ii) a detailed description of--

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

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

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

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

     SEC. 6. BORDER SECURITY METRICS.

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

     SEC. 7. COMPREHENSIVE IMMIGRATION REFORM TRUST FUND.

       (a) Comprehensive Immigration Reform Trust Fund.--
       (1) Establishment.--There is established in the Treasury a 
     separate account, to be known as the Comprehensive 
     Immigration Reform Trust Fund (referred to in this section as 
     the ``Trust Fund''), consisting of--
       (A) amounts transferred from the general fund of the 
     Treasury under paragraph (2)(A); and
       (B) proceeds from the fees described in paragraph (2)(B).
       (2) Deposits.--
       (A) Initial funding.--On the later of the date of the 
     enactment of this Act or October 1, 2013, $8,300,000,000 
     shall be transferred from the general fund of the Treasury to 
     the Trust Fund.
       (B) Ongoing funding.--Notwithstanding section 3302 of title 
     31, United States Code, in addition to the funding described 
     in subparagraph (A), and subject to paragraphs (3)(B) and 
     (4), the following amounts shall be deposited in the Trust 
     Fund:
       (i) Electronic travel authorization system fees.--Fees 
     collected under section 217(h)(3)(B)(i)(II) of the 
     Immigration and Nationality Act, as added by section 1102(c).
       (ii) Registered provisional immigrant penalties.--Penalties 
     collected under section 245B(c)(10)(C) of the Immigration and 
     Nationality Act, as added by section 2101.
       (iii) Blue card penalty.--Penalties collected under section 
     2211(b)(9)(C).

[[Page 8710]]

       (iv) Fines for adjustment from blue card status.--Fines 
     collected under section 245F(a)(5) of the Immigration and 
     Nationality Act, as added by section 2212(a).
       (v) Penalties for false statements in applications.--Fines 
     collected under section 245F(f) of the Immigration and 
     Nationality Act, as added by section 2212(a).
       (vi) Merit system green card fees.--Fees collected under 
     section 203(c)(6) of the Immigration and Nationality Act, as 
     amended by section 2301(a)(2).
       (vii) H-1B and l visa fees.--Fees collected under section 
     281(d) of the Immigration and Nationality Act, as added by 
     section 4105.
       (viii) H-1B outplacement fee.--Fees collected under section 
     212(n)(1)(F)(ii) of the Immigration and Nationality Act, as 
     amended by section 4211(d).
       (ix) H-1B nonimmigrant dependent employer fees.--Fees 
     collected under section 4233(a)(2).
       (x) L nonimmigrant dependent employer fees.--Fees collected 
     under section 4305(a)(2).
       (xi) J-1 visa mitigation fees.--Fees collected under 
     section 281(e) of the Immigration and Nationality Act, as 
     added by section 4407.
       (xii) F-1 visa fees.--Fees collected under section 281(f) 
     of the Immigration and Nationality Act, as added by section 
     4408.
       (xiii) Retiree visa fees.--Fees collected under section 
     214(w)(1)(B) of the Immigration and Nationality Act, as added 
     by section 4504(b).
       (xiv) Visitor visa fees.--Fees collected under section 
     281(g) of the Immigration and Nationality Act, as added by 
     section 4509.
       (xv) H-2B visa fees.--Fees collected under section 
     214(x)(5)(A) of the Immigration and Nationality Act, as added 
     by section 4602(a).
       (xvi) Nonimmigrants performing maintenance on common 
     carriers.--Fees collected under section 214(z) of the 
     Immigration and Nationality Act, as added by section 4604.
       (xvii) X-1 visa fees.--Fees collected under section 
     214(s)(6) of the Immigration and Nationality Act, as added by 
     section 4801.
       (xviii) Penalties for adjustment from registered 
     provisional immigrant status.--Penalties collected under 
     section 245C(c)(5)(B) of the Immigration and Nationality Act, 
     as added by section 2102.
       (C) Authority to adjust fees.--As necessary to carry out 
     the purposes of this Act, the Secretary may adjust the 
     amounts of the fees and penalties set out under subparagraph 
     (B), except for the fines and penalties referred to in 
     clauses (ii), (iii), (iv), or (xviii) of such subparagraph.
       (3) Use of funds.--
       (A) Initial funding.--Of the amounts transferred to the 
     Trust Fund pursuant to paragraph (2)(A)--
       (i) $6,500,000,000 shall be made available to the Secretary 
     for carrying out the Comprehensive Southern Border Security 
     Strategy, including the Southern border fencing strategy;
       (ii) $750,000,000 shall remain available for the 6-year 
     period beginning on the date specified in paragraph (2)(A) 
     for use by the Secretary to expand and implement the 
     mandatory employment verification system, which shall be used 
     as required by section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a), as amended by section 3101;
       (iii) $900,000,000 shall remain available for the 8-year 
     period beginning on the date specified in paragraph (2)(A) 
     for use by the Secretary of State to pay for one-time and 
     startup costs necessary to implement this Act; and
       (iv) $150,000,000 shall remain available for the 2-year 
     period beginning on the date specified in paragraph (2)(A) 
     for use by the Secretary for transfer to the Secretary of 
     Labor, the Secretary of Agriculture, or the Attorney General, 
     for initial costs of implementing this Act.
       (B) Repayment of trust fund expenses.--The first 
     $8,300,000,000 collected pursuant to the fees, penalties, and 
     fines referred to in clauses (ii), (iii), (iv), (vi), (xiii), 
     (xvii), and (xviii) of paragraph (2)(B) shall be collected, 
     deposited in the general fund of the Treasury, and used for 
     Federal budget deficit reduction. Collections in excess of 
     $8,300,000,000 shall be deposited into the Trust Fund, as 
     specified in paragraph (2)(B).
       (C) Program implementation.--Amounts deposited into the 
     Trust Fund pursuant to paragraph (2)(B) shall be available 
     during each of fiscal years 2014 through 2018 as follows:
       (i) $50,000,000 to carry out the activities referenced in 
     section 1104(a)(1).
       (ii) $50,000,000 to carry out the activities referenced in 
     section 1104(b).
       (D) Ongoing funding.--Subject to the availability of 
     appropriations, amounts deposited in the Trust Fund pursuant 
     to paragraph (2)(B) are authorized to be appropriated as 
     follows:
       (i) Such sums as may be necessary to carry out the 
     authorizations included in this Act.
       (ii) Such sums as may be necessary to carry out the 
     operations and maintenance of border security and immigration 
     enforcement investments described in subparagraph (A).
       (E) Expenditure plan.--The Secretary, in consultation with 
     the Attorney General and the Secretary of Defense, shall 
     submit to the Committee on Appropriations and the Committee 
     on the Judiciary of the Senate and the Committee on 
     Appropriations and the Committee on the Judiciary of the 
     House of Representatives, in conjunction with the 
     Comprehensive Southern Border Strategy, a plan for 
     expenditure that describes--
       (i) the types and planned deployment of fixed, mobile, 
     video, and agent and officer portable surveillance and 
     detection equipment, including those recommended or provided 
     by the Department of Defense;
       (ii) the number of Border Patrol agents and U.S. Customs 
     and Border Protection officers to be hired, including a 
     detailed description of which Border Patrol sectors and which 
     land border ports of entry such agents and officers will be 
     stationed;
       (iii) the numbers and type of unarmed, unmanned aerial 
     systems and unarmed, fixed-wing and rotary aircraft, 
     including pilots, air interdiction agents, and support staff 
     to fly or otherwise operate and maintain the equipment;
       (iv) the numbers, types, and planned deployment of marine 
     and riverine vessels, if any, including marine interdiction 
     agents and support staff to operate and maintain the vessels;
       (v) the locations, amount, and planned deployment of 
     fencing, including double layer fencing, tactical and other 
     infrastructure, and technology, including fixed towers, 
     sensors, cameras, and other detection technology;
       (vi) the numbers, types, and planned deployment of ground-
     based mobile surveillance systems;
       (vii) the numbers, types, and planned deployment of 
     tactical and other interoperable law enforcement 
     communications systems and equipment;
       (viii) required construction, including repairs, expansion, 
     and maintenance, and location of additional checkpoints, 
     Border Patrol stations, and forward operating bases;
       (ix) the number of additional attorneys and support staff 
     for the Office of the United States Attorney for Tucson;
       (x) the number of additional support staff and interpreters 
     in the Office of the Clerk of the Court for Tucson;
       (xi) the number of additional personnel, including Marshals 
     and Deputy Marshals for the United States Marshals Office for 
     Tucson;
       (xii) the number of additional magistrate judges for the 
     southern border United States district courts;
       (xiii) activities to be funded by the Homeland Security 
     Border Oversight Task Force;
       (xiv) amounts and types of grants to States and other 
     entities;
       (xv) amounts and activities necessary to hire additional 
     personnel and for start-up costs related to upgrading 
     software and information technology necessary to transition 
     from a voluntary E-Verify system to mandatory employment 
     verification system under section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a) within 5 years;
       (xvi) the number of additional personnel and other costs 
     associated with implementing the immigration courts and 
     removal proceedings mandated in subtitle E of title III;
       (xvii) the steps the Commissioner of Social Security plans 
     to take to create a fraud-resistant, tamper-resistant, wear-
     resistant, and identity theft-resistant Social Security card, 
     including--

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

       (xviii) the operations and maintenance costs associated 
     with the implementation of clauses (i) through (xvii).
       (F) Annual revision.--The expenditure plan required in (E) 
     shall be revised and submitted with the President's budget 
     proposals for fiscal year 2016, 2017, 2018, and 2019 pursuant 
     to the requirements of section 1105(a) of title 31, United 
     States Code.
       (4) Limitation on collection.--
       (A) In general.--No fee deposited in the Trust Fund may be 
     collected except to the extent that the expenditure of the 
     fee is provided for in advance in an appropriations Act only 
     to pay the costs of activities and services for which 
     appropriations are authorized to be funded from the Trust 
     Fund.
       (B) Receipts collected as offsetting receipts.--Until the 
     date of the enactment of an Act making appropriations for the 
     activities authorized under this Act through September 30, 
     2014, the fees authorized by paragraph (2)(B) that are not 
     deposited into the general fund pursuant to paragraph (3)(B) 
     may be collected and shall be credited as to the Trust Fund 
     to remain available until expended only to pay the costs of 
     activities and services for which appropriations are 
     authorized to be funded from the Trust Fund.

[[Page 8711]]

       (b) Comprehensive Immigration Reform Startup Account.--
       (1) Establishment.--There is established in the Treasury a 
     separate account, to be known as the ``Comprehensive 
     Immigration Reform Startup Account,'' (referred to in this 
     section as the ``Startup Account''), consisting of amounts 
     transferred from the general fund of the Treasury under 
     paragraph (2).
       (2) Deposits.--There is appropriated to the Startup 
     Account, out of any funds in the Treasury not otherwise 
     appropriated, $3,000,000,000, to remain available until 
     expended on the later of the date that is--
       (A) the date of the enactment of this Act; or
       (B) October 1, 2013.
       (3) Repayment of startup costs.--
       (A) In general.--Notwithstanding section 286(m) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(m)), 50 
     percent of fees collected under section 245B(c)(10)(A) of the 
     Immigration and Nationality Act, as added by section 2101 of 
     this Act, shall be deposited monthly in the general fund of 
     the Treasury and used for Federal budget deficit reduction 
     until the funding provided by paragraph (2) has been repaid.
       (B) Deposit in the immigration examinations fee account.--
     Fees collected in excess of the amount referenced in 
     subparagraph (A) shall be deposited in the Immigration 
     Examinations Fee Account, pursuant to subsection (m) of 
     section 286 of the Immigration and Nationality Act (8 U.S.C. 
     1356), and shall remain available until expended pursuant to 
     subsection (n) of such section.
       (4) Use of funds.--The Secretary shall use the amounts 
     transferred to the Startup Account to pay for one-time and 
     startup costs necessary to implement this Act, including--
       (A) equipment, information technology systems, 
     infrastructure, and human resources;
       (B) outreach to the public, including development and 
     promulgation of any regulations, rules, or other public 
     notice;
       (C) grants to community and faith-based organizations; and
       (D) anti-fraud programs and actions related to 
     implementation of this Act.
       (5) Expenditure plan.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary, in 
     consultation with the Attorney General and the Secretary of 
     Defense, shall submit to the Committee on Appropriations and 
     the Committee on the Judiciary of the Senate and the 
     Committee on Appropriations and the Committee on the 
     Judiciary of the House of Representatives, a plan for 
     expenditure of the one-time and startup funds in the Startup 
     Account that provides details on--
       (A) the types of equipment, information technology systems, 
     infrastructure, and human resources;
       (B) the plans for outreach to the public, including 
     development and promulgation of any regulations, rules, or 
     other public notice;
       (C) the types and amounts of grants to community and faith-
     based organizations; and
       (D) the anti-fraud programs and actions related to 
     implementation of this Act.
       (c) Annual Audits.--
       (1) Audits required.--Not later than October 1 each year 
     beginning on or after the date of the enactment of this Act, 
     the Chief Financial Officer of the Department shall, in 
     conjunction with the Inspector General of the Department, 
     conduct an audit of the Trust Fund.
       (2) Reports.--Upon completion of each audit of the Trust 
     Fund under paragraph (1), the Chief Financial Officer shall, 
     in conjunction with the Inspector General, submit to 
     Congress, and make available to the public on an Internet 
     website of the Department available to the public, a jointly 
     audited financial statement concerning the Trust Fund.
       (3) Elements.--Each audited financial statement under 
     paragraph (2) shall include the following:
       (A) The report of an independent certified public 
     accountant.
       (B) A balance sheet reporting admitted assets, liabilities, 
     capital and surplus.
       (C) A statement of cash flow.
       (D) Such other information on the Trust Fund as the Chief 
     Financial Officer, the Inspector General, or the independent 
     certified public accountant considers appropriate to 
     facilitate a comprehensive understanding of the Trust Fund 
     during the year covered by the financial statement.
       (d) Determination of Budgetary Effects.--
       (1) Emergency designation for congressional enforcement.--
     In the Senate, amounts appropriated by or deposited in the 
     general fund of the Treasury pursuant to this section are 
     designated as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.
       (2) Emergency designation for statutory paygo.--Amounts 
     appropriated by or deposited in the general fund of the 
     Treasury pursuant to this section are designated as an 
     emergency requirement under section 4(g) of the Statutory 
     Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 
     933(g)).

     SEC. 8. GRANT ACCOUNTABILITY.

       (a) Definitions.--In this section:
       (1) Awarding entity.--The term ``awarding entity'' means 
     the Secretary, the Director of the Federal Emergency 
     Management Agency, the Chief of the Office of Citizenship and 
     New Americans, as designated by this Act, or the Director of 
     the National Science Foundation.
       (2) Nonprofit organization.--The term ``nonprofit 
     organization'' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       (3) Unresolved audit finding.--The term ``unresolved audit 
     finding'' means a finding in a final audit report conducted 
     by the Inspector General of the Department, or the Inspector 
     General for the National Science Foundation for grants 
     awarded by the Director of the National Science Foundation, 
     that the audited grantee has utilized grant funds for an 
     unauthorized expenditure or otherwise unallowable cost that 
     is not closed or resolved within 1 year from the date when 
     the final audit report is issued.
       (b) Accountability.--All grants awarded by an awarding 
     entity pursuant to this Act shall be subject to the following 
     accountability provisions:
       (1) Audit requirement.--
       (A) Audits.--Beginning in the first fiscal year beginning 
     after the date of the enactment of this Act, and in each 
     fiscal year thereafter, the Inspector General of the 
     Department, or the Inspector General for the National Science 
     Foundation for grants awarded by the Director of the National 
     Science Foundation, shall conduct audits of recipients of 
     grants under this Act to prevent waste, fraud, and abuse of 
     funds by grantees. Such Inspectors General shall determine 
     the appropriate number of grantees to be audited each year.
       (B) Mandatory exclusion.--A recipient of grant funds under 
     this Act that is found to have an unresolved audit finding 
     shall not be eligible to receive grant funds under this Act 
     during the first 2 fiscal years beginning after the end of 
     the 1-year period described in subsection (a)(3).
       (C) Priority.--In awarding a grant under this Act, the 
     awarding entity shall give priority to eligible applicants 
     that did not have an unresolved audit finding during the 3 
     fiscal years prior to the date the entity submitted the 
     application for such grant.
       (D) Reimbursement.--If an entity is awarded grant funds 
     under this Act during the period of 2 fiscal years in which 
     the entity is barred from receiving grants under subparagraph 
     (B), the awarding entity shall--
       (i) deposit an amount equal to the amount of the grant 
     funds that were improperly awarded to such entity into the 
     general fund of the Treasury; and
       (ii) seek to recover the costs of the repayment under 
     clause (i) from such entity.
       (2) Nonprofit organization requirements.--
       (A) Prohibition.--An awarding entity may not award a grant 
     under this Act to a nonprofit organization that holds money 
     in offshore accounts for the purpose of avoiding the tax 
     imposed by section 511(a) of the Internal Revenue Code of 
     1986.
       (B) Disclosure.--Each nonprofit organization that is 
     awarded a grant under this Act and uses the procedures 
     prescribed in regulations to create a rebuttable presumption 
     of reasonableness for the compensation of its officers, 
     directors, trustees and key employees, shall disclose to the 
     awarding entity, in the application for the grant, the 
     process for determining such compensation, including the 
     independent persons involved in reviewing and approving such 
     compensation, the comparability data used, and 
     contemporaneous substantiation of the deliberation and 
     decision. Upon request, the awarding entity shall make the 
     information disclosed under this subparagraph available for 
     public inspection.
       (3) Conference expenditures.--
       (A) Limitation.--No amounts authorized to be appropriated 
     to the Department or the National Science Foundation for 
     grant programs under this Act may be used by an awarding 
     entity or by any individual or entity awarded discretionary 
     funds through a cooperative agreement under this Act to host 
     or support any expenditure for conferences that uses more 
     than $20,000 in funds made available by the Department or the 
     National Science Foundation unless the Deputy Secretary for 
     Homeland Security, or the Deputy Director of the National 
     Science Foundation, or their designee, provides prior written 
     authorization that the funds may be expended to host the 
     conference.
       (B) Written approval.--Written approval under subparagraph 
     (A) shall include a written estimate of all costs associated 
     with the conference, including the cost of all food, 
     beverages, audio-visual equipment, honoraria for speakers, 
     and entertainment.
       (C) Report.--The Deputy Secretary of Homeland Security and 
     the Deputy Director of the National Science Foundation shall 
     submit to Congress an annual report on all conference 
     expenditures approved under this paragraph.
       (4) Annual certification.--Beginning in the first fiscal 
     year beginning after the date of the enactment of this Act, 
     each awarding entity shall submit to Congress a report--

[[Page 8712]]

       (A) indicating whether--
       (i) all audits issued by the Offices of the Inspector 
     General under paragraph (1) have been completed and reviewed 
     by the appropriate individuals;
       (ii) all mandatory exclusions required under paragraph 
     (1)(B) have been issued; and
       (iii) all reimbursements required under paragraph (1)(D) 
     have been made; and
       (B) including a list of any grant recipients excluded under 
     paragraph (1) from the previous year.

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

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

     SEC. 10. DEFINITIONS.

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

                        TITLE I--BORDER SECURITY

     SEC. 1101. DEFINITIONS.

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

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

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

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

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

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

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

     SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY 
                   OPERATIONS.

       (a) Border Crossing Prosecutions.--
       (1) In general.--From the amounts available pursuant to the 
     authorization of appropriations in paragraph (3), funds shall 
     be available--
       (A) to increase the number of border crossing prosecutions 
     in each and every sector of the Southwest border region by at 
     least 50 percent per day, as calculated by the previous 
     yearly average on the date of the enactment of this Act, 
     through increasing the funding available for--
       (i) attorneys and administrative support staff in offices 
     of United States attorneys;
       (ii) support staff and interpreters in Court Clerks' 
     Offices;
       (iii) pre-trial services;
       (iv) activities of the Federal Public Defenders Office; and
       (v) additional personnel, including Deputy U.S. Marshals in 
     United States Marshals' Offices to perform intake, 
     coordination, transportation, and court security; and
       (B) to reimburse Federal, State, local, and tribal law 
     enforcement agencies for any detention costs related to the 
     border crossing prosecutions carried out pursuant to 
     subparagraph (A).
       (2) Additional magistrate judges to assist with increased 
     caseload.--The chief judge of the United States district 
     courts within sectors of the Southwest border region are 
     authorized to appoint additional full-time magistrate judges, 
     who, consistent with the Constitution and laws of the United 
     States, shall have the authority to hear cases and 
     controversies in the judicial district in which the 
     respective judges are appointed.
       (3) Funding.--There are authorized to be appropriated from 
     the Comprehensive Immigration Reform Trust Fund established 
     by section 7(a)(1) of this Act such sums as may be necessary 
     to carry out this subsection.
       (b) Operation Stonegarden.--
       (1) In general.--The Federal Emergency Management Agency 
     shall enhance law enforcement preparedness and operational 
     readiness along the borders of the United States through 
     Operation Stonegarden.
       (2) Grants and reimbursements.--
       (A) In general.--For purposes of paragraph (1), not less 
     than 90 percent of the amounts made available pursuant to the 
     authorization of appropriations in paragraph (3) shall be 
     allocated for grants and reimbursements to law enforcement 
     agencies in the States in the Southwest border region for 
     personnel, overtime, travel, and other costs related to 
     combating illegal immigration and drug smuggling in the 
     Southwest border region.
       (B) Grants to law enforcement agencies.--Allocations for 
     grants and reimbursements to law enforcement agencies under 
     this paragraph shall be made by the Federal Emergency 
     Management Agency through a competitive process.
       (3) Funding.--There are authorized to be appropriated from 
     the Comprehensive Immigration Reform Trust Fund pursuant to 
     section 7(a)(3)(C)(ii) of this Act such sums as may be 
     necessary to carry out this subsection.
       (c) Physical and Tactical Infrastructure Improvements.--
       (1) Construction, upgrade, and acquisition of border 
     control facilities.--The Secretary shall, consistent with the 
     Southern Border Security Strategy required by section 5 of 
     this Act, upgrade existing physical and tactical 
     infrastructure of the Department, and construct and acquire 
     additional physical and tactical infrastructure, including 
     the following:
       (A) U.S. Border Patrol stations.
       (B) U.S. Border Patrol checkpoints.
       (C) Forward operating bases.
       (D) Monitoring stations.
       (E) Mobile command centers.
       (F) Field offices.
       (G) All-weather roads.
       (H) Lighting.

[[Page 8713]]

       (I) Real property.
       (J) Land border port of entry improvements.
       (K) Other necessary facilities, structures, and properties.
       (2) Required uses of funds.--The Secretary, consistent with 
     the Southern Border Security Strategy, shall do the 
     following:
       (A) U.S. border patrol stations.--
       (i) Construct additional U.S. Border Patrol stations in the 
     Southwest border region that U.S. Customs and Border 
     Protection determines are needed to provide full operational 
     support in rural, high-trafficked areas.
       (ii) Analyze the feasibility of creating additional U.S. 
     Border Patrol sectors along the Southern border to interrupt 
     drug trafficking operations.
       (B) U.S. border patrol checkpoints.--Operate and maintain 
     additional temporary or permanent checkpoints on roadways in 
     the Southwest border region in order to deter, interdict, and 
     apprehend terrorists, human traffickers, drug traffickers, 
     weapons traffickers, and other criminals before they enter 
     the interior of the United States.
       (C) U.S. border patrol forward operating bases.--
       (i) Establish additional permanent forward operating bases 
     for U.S. Border Patrol, as needed.
       (ii) Upgrade existing forward operating bases to include 
     modular buildings, electricity, and potable water.
       (iii) Ensure that forward operating bases surveil and 
     interdict individuals entering the United States unlawfully 
     immediately after such individuals cross the Southern border.
       (3) Safe and secure border infrastructure.--The Secretary 
     and the Secretary of Transportation, in consultation with the 
     Governors of the States in the Southwest border region or the 
     region along the Northern border, shall establish a grant 
     program, which shall be administered by the Secretary of 
     Transportation and the Administrator of the General Services 
     Administration, to construct transportation and supporting 
     infrastructure improvements at existing and new international 
     border crossings necessary to facilitate safe, secure, and 
     efficient cross border movement of people, motor vehicles, 
     and cargo.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2014 through 
     2018, such sums as may be necessary to carry out this 
     subsection.
       (d) Additional Permanent District Court Judgeships in 
     Southwest Border States.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (A) 2 additional district judges for the district of 
     Arizona;
       (B) 3 additional district judges for the eastern district 
     of California;
       (C) 2 additional district judges for the western district 
     of Texas; and
       (D) 1 additional district judge for the southern district 
     of Texas.
       (2) Conversions of temporary district court judgeships.--
     The existing judgeships for the district of Arizona and the 
     central district of California authorized by section 312(c) 
     of the 21st Century Department of Justice Appropriations 
     Authorization Act (28 U.S.C. 133 note; Public Law 107-273; 
     116 Stat. 1788), as of the effective date of this Act, shall 
     be authorized under section 133 of title 28, United States 
     Code, and the incumbents in those offices shall hold the 
     office under section 133 of title 28, United States Code, as 
     amended by this Act.
       (3) Technical and conforming amendments.--The table 
     contained in section 133(a) of title 28, United States Code, 
     is amended--
       (A) by striking the item relating to the district of 
     Arizona and inserting the following:

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

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

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

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

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

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

     SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Federal lands.--The term ``Federal lands'' includes all 
     land under the control of the Secretary concerned that is 
     located within the Southwest border region in the State of 
     Arizona along the Southern border.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Support for Border Security Needs.--To achieve 
     effective control of Federal lands--
       (1) the Secretary concerned, notwithstanding any other 
     provision of law, shall authorize and provide U.S. Customs 
     and Border Protection personnel with immediate access to 
     Federal lands for security activities, including--
       (A) routine motorized patrols; and
       (B) the deployment of communications, surveillance, and 
     detection equipment;
       (2) the security activities described in paragraph (1) 
     shall be conducted, to the maximum extent practicable, in a 
     manner that the Secretary determines will best protect the 
     natural and cultural resources on Federal lands; and
       (3) the Secretary concerned may provide education and 
     training to U.S. Customs and Border Protection personnel on 
     the natural and cultural resources present on individual 
     Federal land units.
       (c) Programmatic Environmental Impact Statement.--
       (1) In general.--After implementing subsection (b), the 
     Secretary, in consultation with the Secretaries concerned, 
     shall prepare and publish in the Federal Register a notice of 
     intent to prepare a programmatic environmental impact 
     statement in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the 
     impacts of the activities described in subsection (b).
       (2) Effect on processing application and special use 
     permits.--The pending completion of a programmatic 
     environmental impact statement under this section shall not 
     result in any delay in the processing or approving of 
     applications or special use permits by the Secretaries 
     concerned for the activities described in subsection (b).
       (3) Amendment of land use plans.--The Secretaries concerned 
     shall amend any land use plans, as appropriate, upon 
     completion of the programmatic environmental impact statement 
     described in subsection (b).
       (4) Scope of programmatic environmental impact statement.--
     The programmatic environmental impact statement described in 
     paragraph (1)--
       (A) may be used to advise the Secretary on the impact on 
     natural and cultural resources on Federal lands; and
       (B) shall not control, delay, or restrict actions by the 
     Secretary to achieve effective control on Federal lands.
       (d) Intermingled State and Private Land.--This section 
     shall not apply to any private or State-owned land within the 
     boundaries of Federal lands.

     SEC. 1106. EQUIPMENT AND TECHNOLOGY.

       (a) Enhancements.--The Secretary, in consultation with the 
     Commissioner of U.S. Customs and Border Protection and 
     consistent with the Southern Border Security Strategy 
     required by section 5 of this Act, shall upgrade existing 
     technological assets and equipment, and procure and deploy 
     additional technological assets and equipment, including the 
     following:
       (1) Unarmed, unmanned aerial vehicles.
       (2) Fixed-wing aircraft.
       (3) Helicopters.
       (4) Remote video surveillance camera systems.
       (5) Mobile surveillance systems.
       (6) Agent portable surveillance systems.
       (7) Radar technology.
       (8) Satellite technology.
       (9) Fiber optics.
       (10) Integrated fixed towers.
       (11) Relay towers.
       (12) Poles.
       (13) Night vision equipment.
       (14) Sensors, including imaging sensors and unattended 
     ground sensors.
       (15) Biometric entry-exit systems.
       (16) Contraband detection equipment.
       (17) Digital imaging equipment.
       (18) Document fraud detection equipment.
       (19) Land vehicles.

[[Page 8714]]

       (20) Officer and personnel safety equipment.
       (21) Other technologies and equipment.
       (b) Required Uses of Funds.--The Secretary, consistent with 
     the Southern Border Security Strategy, shall--
       (1) deploy additional mobile, video, and agent-portable 
     surveillance systems, and unarmed, unmanned aerial vehicles 
     in the Southwest border region as necessary to provide 24-
     hour operation and surveillance;
       (2) operate unarmed unmanned aerial vehicles along the 
     Southern border for 24 hours per day and for 7 days per week;
       (3) deploy unarmed additional fixed-wing aircraft and 
     helicopters along the Southern border;
       (4) acquire new rotocraft and make upgrades to the existing 
     helicopter fleet;
       (5) increase horse patrols in the Southwest border region; 
     and
       (6) acquire and deploy watercraft and other equipment to 
     provide support for border-related maritime anti-crime 
     activities.
       (c) Limitation.--
       (1) In general.--Notwithstanding paragraphs (1) and (2) of 
     subsection (a), and except as provided in paragraph (2), U.S. 
     Border Patrol may not operate unarmed, unmanned aerial 
     vehicles in the San Diego and El Centro Sectors, except 
     within 3 miles of the Southern border.
       (2) Exception.--The limitation under this subsection shall 
     not restrict the maritime operations of U.S. Customs and 
     Border Protection.
       (d) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated, there is 
     authorized to be appropriated for each of fiscal years 2014 
     through 2018 for U.S. Customs and Border Protection such sums 
     as may be necessary to carry out this section.

     SEC. 1107. ACCESS TO EMERGENCY PERSONNEL.

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

     SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION INITIATIVE.

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

     SEC. 1109. INTERAGENCY COLLABORATION.

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

     SEC. 1110. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       (a) SCAAP Reauthorization.--Section 241(i)(5)(C) (8 U.S.C. 
     1231(i)(5)) is amended by striking ``2011.'' and inserting 
     ``2016.''.
       (b) SCAAP Assistance for States.--
       (1) Assistance for states incarcerating undocumented aliens 
     charged with certain crimes.--Section 241(i)(3)(A) (8 U.S.C. 
     1231(i)(3)(A)) is amended by inserting ``charged with or'' 
     before ``convicted''.
       (2) Assistance for states incarcerating unverified 
     aliens.--Section 241(i) (8 U.S.C. 1231(i)) is amended--
       (A) by redesignating paragraphs (4), (5), and (6), as 
     paragraphs (5), (6), and (7), respectively;
       (B) in paragraph (7), as so redesignated, by striking 
     ``(5)'' and inserting ``(6)''; and
       (C) by adding after paragraph (3) the following:
       ``(4) In the case of an alien whose immigration status is 
     unable to be verified by the Secretary of Homeland Security, 
     and who would otherwise be an undocumented criminal alien if 
     the alien is unlawfully present in the United States, the 
     Attorney General shall compensate the State or political 
     subdivision of the State for incarceration of the alien, 
     consistent with subsection (i)(2).''.
       (3) Timely reimbursement.--Section 241(i) (8 U.S.C. 
     1231(i)), as amended by paragraph (2), is further amended by 
     adding at the end the following:
       ``(8) Any funds awarded to a State or a political 
     subdivision of a State, including a municipality, for a 
     fiscal year under this subsection shall be distributed to 
     such State or political subdivision not later than 120 days 
     after the last day of the application period for assistance 
     under this subsection for that fiscal year.''.

     SEC. 1111. SOUTHERN BORDER SECURITY ASSISTANCE GRANTS.

       (a) Authority.--
       (1) In general.--The Secretary, in consultation with State 
     and local law enforcement agencies, may award border security 
     assistance grants to law enforcement agencies located in the 
     Southwest border region for the purposes described in 
     subsection (b).
       (2) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to law enforcement agencies 
     located in a county that is located within 25 miles of the 
     Southern border.
       (b) Purposes.--Each grant awarded under subsection (a) 
     shall be used to address drug trafficking, smuggling, and 
     border violence--
       (1) by obtaining law enforcement equipment and tools, 
     including secure 2-way communication devices, portable 
     laptops and office computers, license plate readers, unmanned 
     aerial vehicles, unmanned aircraft systems, manned aircraft, 
     cameras with night viewing capabilities, and any other 
     appropriate law enforcement equipment;
       (2) by hiring additional personnel, including 
     administrative support personnel, dispatchers, and jailers, 
     and to provide overtime pay for such personnel;
       (3) by purchasing law enforcement vehicles;
       (4) by providing high performance aircraft and helicopters 
     for border surveillance and

[[Page 8715]]

     other critical mission applications and paying for the 
     operational and maintenance costs associated with such craft;
       (5) by providing critical power generation systems, 
     infrastructure, and technological upgrades to support State 
     and local data management systems and fusion centers; or
       (6) by providing specialized training and paying for the 
     direct operating expenses associated with detecting and 
     prosecuting drug trafficking, human smuggling, and other 
     illegal activity or violence that occurs at or near the 
     Southern border.
       (c) Application.--
       (1) Requirement.--A law enforcement agency seeking a grant 
     under subsection (a), or a nonprofit organization or 
     coalition acting as an agent for 1 or more such law 
     enforcement entities, shall submit an application to the 
     Secretary that includes the information described in 
     paragraph (2) at such time and in such manner as the 
     Secretary may require.
       (2) Content.--Each application submitted under paragraph 
     (1) shall include--
       (A) a description of the activities to be carried out with 
     a grant awarded under subsection (a);
       (B) if equipment will be purchased with the grant, a 
     detailed description of--
       (i) the type and quantity of such equipment; and
       (ii) the personnel who will be using such equipment;
       (C) a description of the need of the law enforcement agency 
     or agencies for the grant, including a description of the 
     inability of the agency or agencies to carry out the proposed 
     activities without the grant; and
       (D) an assurance that the agency or agencies will, to the 
     extent practicable, seek, recruit, and hire women and members 
     of racial and ethnic minority groups in law enforcement 
     positions of the agency or agencies.
       (d) Review and Award.--
       (1) Review.--Not later than 90 days after receiving an 
     application submitted under subsection (c), the Secretary 
     shall review and approve or reject the application.
       (2) Award of funds.--Subject to the availability of 
     appropriations, not later than 45 days after the date an 
     application is approved under paragraph (1), the Secretary 
     shall transmit the grant funds to the applicant.
       (3) Priority.--In distributing grant funds under this 
     subsection, priority shall be given to high-intensity areas 
     for drug trafficking, smuggling, and border violence.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2014 and 2015, 
     $300,000,000 for grants authorized under this section.

     SEC. 1112. USE OF FORCE.

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

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

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

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

       (a) Establishment.--
       (1) In general.--There is established an independent task 
     force, which shall be known as the Department of Homeland 
     Security Border Oversight Task Force (referred to in this 
     section as the ``DHS Task Force'').
       (2) Duties.--The DHS Task Force shall--
       (A) review and make recommendations regarding immigration 
     and border enforcement policies, strategies, and programs 
     that take into consideration their impact on border 
     communities;
       (B) recommend ways in which the Border Communities Liaison 
     Offices can strengthen relations and collaboration between 
     communities in the border regions and the Department, the 
     Department of Justice, and other Federal agencies that carry 
     out such policies, strategies, and programs;
       (C) evaluate how the policies, strategies, and programs of 
     Federal agencies operating along the Southern border and the 
     Northern border protect the due process, civil, and human 
     rights of border residents, visitors, and migrants at and 
     near such borders; and
       (D) evaluate and make recommendations regarding the 
     training of border enforcement personnel described in section 
     1113 of this Act.
       (3) Membership.--
       (A) In general.--The DHS Task Force shall be composed of 29 
     members, appointed by the President, who have expertise in 
     migration, local crime indices, civil and human rights, 
     community relations, cross-border trade and commerce, quality 
     of life indicators, or other pertinent experience, of whom--
       (i) 12 members shall be from the Northern border region and 
     shall include--

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

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

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

       (B) Term of service.--Members of the Task Force shall be 
     appointed for the shorter of--
       (i) 3 years; or
       (ii) the life of the DHS Task Force.
       (C) Chair, vice chair.--The members of the DHS Task Force 
     shall elect a Chair and a Vice Chair from among its members, 
     who shall serve in such capacities for the life of the DHS 
     Task Force or until removed by the majority vote of at least 
     14 members.
       (b) Operations.--
       (1) Hearings.--The DHS Task Force may, for the purpose of 
     carrying out its duties, hold hearings, sit and act, take 
     testimony, receive evidence, and administer oaths.
       (2) Recommendations.--The DHS Task Force may make findings 
     or recommendations to the Secretary related to the duties 
     described in subsection (a)(2).
       (3) Response.--Not later than 180 days after receiving 
     findings and recommendations from the DHS Task Force under 
     paragraph (2), the Secretary shall issue a response that 
     describes how the Department

[[Page 8716]]

     has addressed, or will address, such findings and 
     recommendations. If the Secretary disagrees with any finding 
     of the DHS Task Force, the Secretary shall provide an 
     explanation for the disagreement.
       (4) Information from federal agencies.--The Chair, or 16 
     members of the DHS Task Force, may request statistics 
     relating to the duties described in subsection (a)(2) 
     directly from any Federal agency, which shall, to the extent 
     authorized by law, furnish such information, suggestions, 
     estimates, and statistics directly to the DHS Task Force.
       (5) Compensation.--Members of the DHS Task Force shall 
     serve without pay, but shall be reimbursed for reasonable 
     travel and subsistence expenses incurred in the performance 
     of their duties.
       (c) Report.--Not later than 2 years after its first 
     meeting, the DHS Task Force shall submit to the President, 
     the Secretary, and Congress a final report that contains--
       (1) findings with respect to the duties of the DHS Task 
     Force; and
       (2) recommendations regarding border and immigration 
     enforcement policies, strategies, and programs, including--
       (A) a recommendation as to whether the DHS Task Force 
     should continue to operate; and
       (B) a description of any duties the DHS Task Force should 
     be responsible for after the termination date described in 
     subsection (e).
       (d) Sunset.--The DHS Task Force shall terminate operations 
     60 days after the date on which the DHS Task Force submits 
     the report described in subsection (c).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2014 through 2017 
     such sums as may be necessary to carry out this section.

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

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

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

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

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

     SEC. 1116. PROTECTION OF FAMILY VALUES IN APPREHENSION 
                   PROGRAMS.

       (a) Definitions.--In this section:
       (1) Apprehended individual.--The term ``apprehended 
     individual'' means an individual apprehended by personnel of 
     the Department of Homeland Security or of a cooperating 
     entity pursuant to a migration deterrence program carried out 
     at a border.
       (2) Border.--The term ``border'' means an international 
     border of the United States.
       (3) Child.--Except as otherwise specifically provided, the 
     term ``child'' has the meaning given to the term in section 
     101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1101(b)(1)).
       (4) Cooperating entity.--The term ``cooperating entity'' 
     means a State or local entity acting pursuant to an agreement 
     with the Secretary.
       (5) Migration deterrence program.--The term ``migration 
     deterrence program'' means an action related to the 
     repatriation or referral for prosecution of 1 or more 
     apprehended individuals for a suspected or confirmed 
     violation of the Immigration and Nationality Act (8 U.S.C. 
     1001 et seq.) by the Secretary or a cooperating entity.
       (b) Procedures for Migration Deterrence Programs at the 
     Border.--In any migration deterrence program carried out at a 
     border, the Secretary and cooperating entities shall for each 
     apprehended individual--
       (1) as soon as practicable after such individual is 
     apprehended--
       (A) inquire as to whether the apprehended individual is--
       (i) a parent, legal guardian, or primary caregiver of a 
     child; or
       (ii) traveling with a spouse or child; and
       (B) ascertain whether repatriation of the apprehended 
     individual presents any humanitarian concern or concern 
     related to such individual's physical safety; and
       (2) ensure that, with respect to a decision related to the 
     repatriation or referral for prosecution of the apprehended 
     individual, due consideration is given--
       (A) to the best interests of such individual's child, if 
     any;
       (B) to family unity whenever possible; and
       (C) to other public interest factors, including 
     humanitarian concerns and concerns related to the apprehended 
     individual's physical safety.
       (c) Mandatory Training.--The Secretary, in consultation 
     with the Secretary of Health and Human Services, the Attorney 
     General, the Secretary of State, and independent immigration, 
     child welfare, family law, and human rights law experts, 
     shall--
       (1) develop and provide specialized training for all 
     personnel of U.S. Customs and Border Protection and 
     cooperating entities who come into contact with apprehended 
     individuals in all legal authorities, policies, and 
     procedures relevant to the preservation of a child's best 
     interest, family unity, and other public interest factors, 
     including those described in this Act; and
       (2) require border enforcement personnel to undertake 
     periodic and continuing training on best practices and 
     changes in relevant legal authorities, policies, and 
     procedures pertaining to the preservation of a child's best 
     interest, family unity, and other public interest factors, 
     including those described in this Act.
       (d) Annual Report on the Impact of Migration Deterrence 
     Programs at the Border.--
       (1) Requirement for annual report.--Not later than 1 year 
     after the date of the enactment of this Act, and annually 
     thereafter, the Secretary shall submit to Congress a report 
     that describes the impact of migration deterrence programs on 
     parents, legal guardians, primary caregivers of a child, 
     individuals traveling with a spouse or child, and individuals 
     who present humanitarian considerations or concerns related 
     to the individual's physical safety.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include for the previous 1-year period an assessment 
     of--
       (A) the number of apprehended individuals removed, 
     repatriated, or referred for prosecution who are the parent, 
     legal guardian, or primary caregiver of a child who is a 
     citizen of the United States;
       (B) the number of occasions in which both parents, or the 
     primary caretaker of such a child was removed, repatriated, 
     or referred for prosecution as part of a migration deterrence 
     program;
       (C) the number of apprehended individuals traveling with 
     close family members who are removed, repatriated, or 
     referred for prosecution; and

[[Page 8717]]

       (D) the impact of migration deterrence programs on public 
     interest factors, including humanitarian concerns and 
     physical safety.
       (e) Regulations.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to implement this section.

     SEC. 1117. EMERGENCY PORT OF ENTRY PERSONNEL AND 
                   INFRASTRUCTURE FUNDING.

       (a) Staff Enhancements.--In addition to positions 
     authorized before the date of the enactment of this Act and 
     any existing officer vacancies within U.S. Customs and Border 
     Protection on such date, the Secretary shall, subject to the 
     availability of appropriations for such purpose, hire, train, 
     and assign to duty, by not later than September 30, 2018--
       (1) 5,000 full-time officers of U.S. Customs and Border 
     Protection to serve--
       (A) on all inspection lanes (primary, secondary, incoming, 
     and outgoing) and enforcement teams at United States land 
     ports of entry on the Northern border and the Southern 
     border; and
       (B) at airports to implement the biometric entry-exit 
     system in accordance with the requirements set forth in 
     section 7208 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1365b); and
       (2) 350 full-time support staff distributed among all 
     United States ports of entry.
       (b) Waiver of Personnel Limitation.--The Secretary may 
     waive any limitation on the number of full-time equivalent 
     personnel assigned to the Department in order to fulfill the 
     requirements under subsection (a).
       (c) Reports to Congress.--
       (1) Outbound inspections.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate committees of Congress a report containing 
     the Department's plans for ensuring the placement of 
     sufficient officers of U.S. Customs and Border Protection on 
     outbound inspections, and adequate outbound infrastructure, 
     at all Southern and Northern border land ports of entry.
       (2) Agricultural specialists.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary, in 
     consultation with the Secretary of Agriculture, shall submit 
     to the appropriate committees of Congress a report that 
     contains the Department's plans for ensuring the placement of 
     sufficient agriculture specialists at all Southern border and 
     Northern border land ports of entry.
       (3) Annual implementation report.--Not later than 1 year 
     after the date of the enactment of this Act, and annually 
     thereafter, the Secretary shall submit to the appropriate 
     committees of Congress a report that--
       (A) describes in detail the Department's implementation 
     plan for staff enhancements required under subsection (a);
       (B) includes the number of additional personnel assigned to 
     duty at land ports of entry by location; and
       (C) describes the methodology used to determine the 
     distribution of additional personnel to address northbound 
     and southbound cross-border inspections.
       (4) Appropriate committees of congress.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on the Judiciary and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (B) the Committee on the Judiciary and the Committee on 
     Homeland Security of the House of Representatives.
       (d) Secure Communication.--The Secretary shall ensure that 
     each officer of U.S. Customs and Border Protection is 
     equipped with a secure 2-way communication and satellite-
     enabled device, supported by system interoperability, that 
     allows such officers to communicate between ports of entry 
     and inspection stations, and with other Federal, State, 
     local, and tribal law enforcement entities.
       (e) Border Area Security Initiative Grant Program.--The 
     Secretary shall establish a grant program for the purchase of 
     detection equipment at land ports of entry and mobile, hand-
     held, 2-way communication and biometric devices for State and 
     local law enforcement officers serving on the Southern border 
     and Northern border.
       (f) Port of Entry Infrastructure Improvements.--In order to 
     aid in the enforcement of Federal customs, immigration, and 
     agriculture laws, the Commissioner of U.S. Customs and Border 
     Protection may--
       (1) design, construct, and modify United States ports of 
     entry, living quarters for officers, agents, and personnel, 
     and other structures and facilities, including those owned by 
     municipalities, local governments, or private entities 
     located at land ports of entry;
       (2) acquire, by purchase, donation, exchange, or otherwise, 
     land or any interest in land determined to be necessary to 
     carry out the Commissioner's duties under this section; and
       (3) construct additional ports of entry along the Southern 
     border and the Northern border.
       (g) Consultation.--
       (1) Locations for new ports of entry.--The Secretary shall 
     consult with the Secretary of the Interior, the Secretary of 
     Agriculture, the Secretary of State, the International 
     Boundary and Water Commission, the International Joint 
     Commission, and appropriate representatives of States, local 
     governments, Indian tribes, and property owners--
       (A) to determine locations for new ports of entry; and
       (B) to minimize adverse impacts from such ports on the 
     environment, historic and cultural resources, commerce, and 
     quality of life for the communities and residents located 
     near such ports.
       (2) Savings provision.--Nothing in this subsection may be 
     construed--
       (A) to create any right or liability of the parties 
     described in paragraph (1);
       (B) to affect the legality and validity of any 
     determination under this Act by the Secretary; or
       (C) to affect any consultation requirement under any other 
     law.
       (h) Authority To Acquire Leaseholds.--Notwithstanding any 
     other provision of law, the Secretary may acquire a leasehold 
     interest in real property, and may construct or modify any 
     facility on the leased property, if the Secretary determines 
     that the acquisition of such interest, and such construction 
     or modification, are necessary to facilitate the 
     implementation of this Act.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, for each of the 
     fiscal years 2014 through 2018, $1,000,000,000, of which 
     $5,000,000 shall be used for grants authorized under 
     subsection (e).
       (j) Offset; Rescission of Unobligated Federal Funds.--
       (1) In general.--There is hereby rescinded, from 
     appropriated discretionary funds that remain available for 
     obligation as of the date of the enactment of this Act (other 
     than the unobligated funds described in paragraph (4)), 
     amounts determined by the Director of the Office of 
     Management and Budget such that the aggregate amount of the 
     rescission equals the amount authorized to be appropriated 
     under subsection (i).
       (2) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify--
       (A) the appropriation accounts from which the rescission 
     under paragraph (1) shall apply; and
       (B) the amount of the rescission that shall be applied to 
     each such account.
       (3) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall submit a report to Congress and 
     to the Secretary of the Treasury that describes the accounts 
     and amounts determined and identified under paragraph (2) for 
     rescission under paragraph (1).
       (4) Exceptions.--This subsection shall not apply to 
     unobligated funds of--
       (A) the Department of Defense;
       (B) the Department of Veterans Affairs; or
       (C) the Department of Homeland Security.

     SEC. 1118. 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

[[Page 8718]]

     frame specified pursuant to paragraph (2)(B), such donated 
     property or services shall be returned to the person that 
     made the donation.
       (4) Determination and notification.--
       (A) In general.--Not later than 90 days after receiving a 
     proposal pursuant to subsection (b) with respect to the 
     construction or maintenance of a facility or other 
     infrastructure at a land border port of entry, the 
     Administrator shall--
       (i) make a determination with respect to whether or not to 
     approve the proposal; and
       (ii) notify the person that submitted the proposal of--

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

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

     SEC. 1119. HUMAN TRAFFICKING REPORTING.

       (a) Short Title.--This section may be cited as the ``Human 
     Trafficking Reporting Act of 2013''.
       (b) Findings.--Congress finds the following:
       (1) Human trafficking is a form of modern-day slavery.
       (2) According to the Trafficking Victims Protection Act of 
     2000 ``severe forms of trafficking in persons'' means--
       (A) sex trafficking in which a commercial sex act is 
     induced by force, fraud, or coercion, or in which the person 
     induced to perform such act has not attained 18 years of age; 
     or
       (B) the recruitment, harboring, transportation, provision, 
     or obtaining of a person for labor or services, through the 
     use of force, fraud, or coercion for the purpose of 
     subjection to involuntary servitude, peonage, debt bondage, 
     or slavery.
       (3) There is an acute need for better data collection of 
     incidents of human trafficking across the United States in 
     order to effectively combat severe forms of trafficking in 
     persons.
       (4) The State Department's 2012 Trafficking in Persons 
     report found that--
       (A) the United States is a ``source, transit and 
     destination country for men, women, and children, subjected 
     to forced labor, debt bondage, domestic servitude and sex 
     trafficking,''; and
       (B) the United States needs to ``improve data collection on 
     human trafficking cases at the Federal, state and local 
     levels''.
       (5) The International Organization for Migration has 
     reported that in order to effectively combat human 
     trafficking there must be reliable and standardized data, 
     however, the following barriers for data collection exist:
       (A) The illicit and underground nature of human 
     trafficking.
       (B) The reluctance of victims to share information with 
     authorities.
       (C) Insufficient human trafficking data collection and 
     research efforts by governments world wide.
       (6) A 2009 report to the Department of Health and Human 
     Services entitled Human Trafficking Into and Within the 
     United States: A Review of the Literature found that ``the 
     data and methodologies for estimating the prevalence of human 
     trafficking globally and nationally are not well developed, 
     and therefore estimates have varied widely and changed 
     significantly over time''.
       (7) The Federal Bureau of Investigation compiles national 
     crime statistics through the Uniform Crime Reporting Program.
       (8) Under current law, State and local governments 
     receiving Edward Byrne Memorial Justice Assistance grants are 
     required to share data on part 1 violent crimes with the 
     Federal Bureau of Investigation for inclusion in the Uniform 
     Crime Reporting Program.
       (9) The addition of severe forms of trafficking in persons 
     to the definition of part 1 violent crimes will ensure that 
     statistics on this heinous crime will be compiled and 
     available through the Federal Bureau of Investigation's 
     Uniform Crime Report.
       (c) Human Trafficking To Be Included in Part 1 Violent 
     Crimes for Purposes of Byrne Grants.--Section 505 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3755) is amended by adding at the end the following new 
     subsection:
       ``(i) Part 1 Violent Crimes To Include Human Trafficking.--
     For purposes of this section, the term `part 1 violent 
     crimes' shall include severe forms of trafficking in persons, 
     as defined in section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102).''.

     SEC. 1120. PROHIBITION ON LAND BORDER CROSSING FEES.

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

     SEC. 1121. DELEGATION.

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

     SEC. 1122. SEVERABILITY.

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

     SEC. 1123. RULE OF CONSTRUCTION.

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

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

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

       ``(III) an offense, unless the applicant demonstrates, by 
     clear and convincing evidence, that he or she is innocent of 
     the offense, that he or she is the victim of such offense, or

[[Page 8719]]

     that no offense occurred, which is classified as a 
     misdemeanor in the convicting jurisdiction which involved--

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

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

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

       On page 955, strike lines 1 through 5 and insert the 
     following:
       ``(C) Interview.--In order to determine whether an 
     applicant meets the eligibility requirements set forth in 
     subsection (b), the Secretary--
       ``(i) shall interview each such 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 Secretary's sole discretion, interview 
     any other applicant for registered provisional immigrant 
     status under this section.

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

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

       After section 2009 insert the following:

     SEC. 2110. VISA INFORMATION SHARING.

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

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

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

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

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

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

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

     SEC. 3714. RESPECT FOR VICTIMS OF HUMAN SMUGGLING.

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

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

       (a) Short Title.--This section may be cited as the 
     ``Putting the Brakes on Human Smuggling Act''.
       (b) First Violation.--Paragraph (1) of section 31310(b) of 
     title 49, United States Code, is amended--
       (1) in subparagraph (D), by striking the ``or'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting a semicolon and ``or''; and
       (3) by adding at the end the following:
       ``(F) using a commercial motor vehicle in willfully 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

[[Page 8720]]

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

     SEC. 3716. DRUG TRAFFICKING AND CRIMES OF VIOLENCE.

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

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

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

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

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

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

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

       Section 275(a) (8 U.S.C. 1325(a)) is amended to read as 
     follows:
       ``(a) Improper Time or Place; Avoidance of Examination or 
     Inspection; Misrepresentation and Concealment of Facts.--
       ``(1) In general.--Except as provided under paragraph (2), 
     any alien who--
       ``(A) enters or attempts to enter the United States at any 
     time or place other than as designated by immigration 
     officers;
       ``(B) eludes examination or inspection by immigration 
     officers; or
       ``(C) attempts to enter or obtains entry to the United 
     States by a willfully false or misleading representation or 
     the willful concealment of a material fact, shall, for the 
     first commission of any such offense, be fined under title 
     18, United States Code, imprisoned for not more than 6 
     months, or both, and, for a subsequent commission of any such 
     offense, be fined under such title 18, imprisoned for not 
     more than 2 years, or both.
       ``(2) Enhanced penalties.--Any alien who commits an offense 
     described in paragraph (1) with the intent to aid, abet, or 
     engage in any Federal crime of terrorism (as defined in 
     section 2332b(f) of title 18, United States Code) shall be 
     imprisoned for not less than 15 years and not more than 30 
     years.''.

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

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

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

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

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

       Section 5316 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(e) Monetary Instruments With Amount Left Blank.--For 
     purposes of this section, a monetary instrument in bearer 
     form that has the amount left blank, such that the

[[Page 8721]]

     amount could be filled in by the bearer, shall be considered 
     to have a value in excess of $10,000 if the instrument was 
     drawn on an account that contained or was intended to contain 
     more than $10,000 at the time the instrument was transported 
     or the time period it was negotiated or was intended to be 
     negotiated.''.

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

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

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

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

       At the appropriate place, insert the following:

     SEC. __. PROSECUTING VISA OVERSTAYS.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall immediately 
     initiate removal proceedings against not less than 90 percent 
     of aliens admitted as nonimmigrants after such date of 
     enactment who the Secretary has determined have exceeded 
     their authorized period of admission.
       (b) Report.--The Secretary shall submit to Congress a 
     report on a quarterly basis that sets out the following:
       (1) The total number of aliens who the Secretary has 
     determined in that quarter have exceeded their authorized 
     period of stay as nonimmigrants.
       (2) The total number of aliens described in paragraph (1) 
     against whom the Secretary has initiated removal proceedings 
     during that quarter.
                                 ______
                                 
  SA 1252. Mr. CASEY (for himself, Mr. Schumer, and Mr. Reed) submitted 
an amendment intended to be proposed by him to the bill S. 744, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 37__. TREATMENT OF CITIZENS WHO RENOUNCE CITIZENSHIP TO 
                   AVOID TAXATION.

       (a) Taxation of Capital Gains of Nonresident Alien 
     Expatriates.--
       (1) In general.--Paragraph (2) of section 871(a) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(2) Capital gains.--
       ``(A) In general.--In the case of--
       ``(i) a nonresident alien individual present in the United 
     States for a period or periods aggregating 183 days or more 
     during the taxable year, or
       ``(ii) a specified expatriate,
     there is hereby imposed for such year a tax of 30 percent of 
     the amount by which his gains, derived from sources within 
     the United States, from the sale or exchange at any time 
     during such year of capital assets exceed his losses, 
     allocable to sources within the United States, from the sale 
     or exchange at any time during such year of capital assets. 
     For purposes of this paragraph, gains and losses shall be 
     taken into account only if, and to the extent that, they 
     would be recognized and taken into account if such gains and 
     losses were effectively connected with the conduct of a trade 
     or business within the United States, except that such gains 
     and losses shall be determined without regard to section 1202 
     and such losses shall be determined without the benefits of 
     the capital loss carryover provided in section 1212. Any gain 
     or loss which is taken into account in determining the tax 
     under paragraph (1) or subsection (b) shall not be taken into 
     account in determining the tax under this paragraph. For 
     purposes of this paragraph, a nonresident alien individual or 
     specified expatriate not engaged in trade or business within 
     the United States who has not established a taxable year for 
     any prior period shall be treated as having a taxable year 
     which is the calendar year.
       ``(B) Coordination with section 877a.--For purposes of 
     subparagraph (A), in determining the amount of any gain or 
     loss on the sale or exchange of any asset which is held by a 
     specified expatriate and which was subject to section 877A, 
     the basis in such asset shall be considered to be the fair 
     market value of such asset on the day before the expatriation 
     date (as defined in section 877A(g)(3)).
       ``(C) Specified expatriate.--
       ``(i) In general.--For purposes of subparagraph (A), the 
     term `specified expatriate' means, with respect to any 
     taxable year, any covered expatriate (as defined in section 
     877A(g)(1)) whose expatriation date (as defined in section 
     877A(g)(3)) occurs after the date which is 10 years prior to 
     the date of the enactment of this subparagraph.
       ``(ii) Exception.--An individual shall not be considered a 
     specified expatriate if such individual establishes to the 
     satisfaction of the Secretary that the loss of such 
     individual's United States citizenship did not result in a 
     substantial reduction in taxes.''.
       (2) Withholding.--Subsection (b) of section 1441 of the 
     Internal Revenue Code of 1986 is amended by inserting ``gains 
     subject to tax under section 871(a)(2) by reason of 
     subparagraph (A)(ii) thereof,'' after ``section 
     871(a)(1)(D),''.
       (3) Effective dates.--
       (A) Taxation.--The amendment made by paragraph (1) shall 
     take effect on the date of the enactment of this Act.
       (B) Withholding.--The amendment made by paragraph (2) shall 
     apply to payments made after the date of the enactment of 
     this Act.
       (b) Former Citizens Who Renounced Citizenship to Avoid 
     Taxation.--
       (1) Inadmissibility of former citizens.--Section 
     212(a)(10)(E) of the Immigration and Nationality Act (8 
     U.S.C. 212(a)(10)(E)) is amended to read as follows:
       ``(E) Former citizens who renounced citizenship to avoid 
     taxation.--
       ``(i) In general.--Any alien who is determined by the 
     Secretary of the Treasury to be a specified expatriate is 
     inadmissible.
       ``(ii) Specified expatriate.--In this subparagraph, the 
     term `specified expatriate' has the meaning given that term 
     in section 871(a)(2)(C) of the Internal Revenue Code of 1986.
       ``(iii) Notification of excepted individuals.--The 
     Secretary of the Treasury shall notify the Secretary of State 
     and the Secretary of Homeland Security of the name of each 
     individual who the Secretary of the Treasury has determined 
     is not a specified expatriate under section 871(a)(2)(C)(ii) 
     of the Internal Revenue Code of 1986.''.
       (2) Prohibition on waiver of inadmissibility.--
       (A) In general.--Section 212(d)(3)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 212(d)(3)), as amended by 
     section 4403, is amended--
       (i) in clause (i), by inserting ``or paragraph (10)(E)'' 
     after ``paragraph (3)''; and
       (ii) in clause (ii), by inserting ``or paragraph (10)(E)'' 
     after ``paragraph (3)''.
       (B) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of the Treasury, or the 
     Secretary's delegate, shall submit to Congress a report with 
     recommendations (made in consultation with the Secretary of 
     State and the Secretary of Homeland Security) for 
     implementing a policy under which an individual who is a 
     specified expatriate (as defined in section 871(a)(2)(C) of 
     the Internal Revenue Code of 1986) may be granted a waiver of 
     inadmissibility under the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) if such individual satisfies 
     requirements relating to such individual's tax status, such 
     as a tax or penalty equal to the loss in tax revenue to the 
     United States resulting from such individual's loss of United 
     States citizenship.
                                 ______
                                 
  SA 1253. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title I, add the following:

     SEC. 1122. MARITIME BORDER SECURITY ENHANCEMENTS.

       (a) In General.--The Commissioner of U.S. Customs and 
     Border Protection, working through the Office of Air and 
     Marine, shall --
       (1) acquire and deploy such additional vessels and aircraft 
     as may be necessary to provide for enhanced maritime border 
     security along--
       (A) the coastal areas of the Southeastern United States, 
     including Florida, Puerto Rico, and the Gulf Coast; and

[[Page 8722]]

       (B) the California coast;
       (2) increase unarmed, unmanned aircraft deployments to the 
     Caribbean region;
       (3) acquire, upgrade, and maintain sensor systems for the 
     aircraft and vessel fleet;
       (4) increase air and maritime patrols to gain and enhance 
     maritime domain awareness;
       (5) increase and upgrade facilities as necessary to 
     accommodate personnel and asset needs;
       (6) perform whatever additional maintenance as may be 
     necessary to preserve the operational capability of any 
     additional air or marine assets;
       (7) modernize and appropriately staff the Air and Marine 
     Operations Center in order to enhance maritime domain 
     awareness; and
       (8) hire and deploy such personnel as may be necessary to 
     provide maritime border security along--
       (A) the coastal areas of the Southeastern United States, 
     including Florida, Puerto Rico, and the Gulf Coast; and
       (B) the California coast.
       (b) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated, there is 
     authorized to be appropriated, to U.S. Customs and Border 
     Protection, such sums as may be necessary to carry out 
     subsection (a) during fiscal years 2014 through 2018.
                                 ______
                                 
  SA 1254. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1251 submitted by Mr. Cornyn (for himself, Mr. Crapo, Mr. 
Blunt, Mr. Kirk, Mr. Hatch, Mr. Alexander, Mr. Isakson, Mr. Roberts, 
Mr. Burr, Mr. Chambliss, Mr. Johanns, and Mr. Barrasso) and intended to 
be proposed to 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 6, strike line 25 and all that follows 
     through page 7, line 19 and insert the following:
       (c) Triggers.--The Secretary may not commence processing 
     applications for registered provisional immigrant status 
     pursuant to section 245B of the Immigration and Nationality 
     Act, as added by section 2111 of this Act, until--
                                 ______
                                 
  SA 1255. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 903, lines 5 through 12, strike ``Not less than 90 
     percent of the amounts made available under section 
     6(a)(3)(C)(ii) shall be allocated for grants and 
     reimbursements to law enforcement agencies in the States in 
     the Southwest border region for personnel, overtime, travel, 
     and other costs related to combating illegal immigration and 
     drug smuggling in the Southwest border region.''.

                                 ______
                                 
  SA 1256. Mr. MORAN 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 1150, strike lines 21 through 24 and insert the 
     following:
       ``(D) Entrepreneurship.--
       ``(i) Employment.--An alien who is an entrepreneur--

       ``(I) shall be allocated 10 points if the alien's business 
     entity in the United States employs at least 2 United States 
     citizens or legal permanent residents in a zone 1 occupation, 
     a zone 2 occupation, or a zone 3 occupation;
       ``(II) shall be allocated 15 points if the alien's business 
     entity in the United States employs at least 2 United States 
     citizens or legal permanent residents in a zone 4 occupation 
     or a zone 5 occupation; or

       ``(ii) Business success.--A qualified entrepreneur (as 
     defined in subsection (b)(6)(A)), who holds a valid 
     nonimmigrant visa and whose business entity was purchased by 
     another United States business entity, shall be allocated 15 
     points.
       On page 1160, line 11, strike ``(c)'' and insert the 
     following:
       (c) Study.--Not later than 2 years after the date on which 
     the first merit-based immigrant visa is issued pursuant to 
     section 203(c) of the Immigration and Nationality Act, as 
     added by section 2301(a)(2) of this Act, the Secretary shall 
     submit a report to Congress that analyzes the issuance of 
     such visas to immigrant entrepreneurs.
       (d)
       On page 1850, line 6, strike ``super''.
       On page 1851, line 18, strike ``super''.
       On page 1853, line 14, strike ``Section 203(b)'' and insert 
     the following:
       ``(a) In General.--Section 203(b)''.
       On page 1854, line 13, insert ``and'' after the semicolon.
       On page 1854, beginning on line 14, strike ``submits'' and 
     all that follows through ``(IV)'' on line 17.
       Beginning on page 1855, line 25, strike ``from such 
     qualified entrepreneur, the parents, spouse, son, or daughter 
     of such qualified entrepreneur, or''.
       On page 1856, strike lines 14 through 21 and insert the 
     following:

       ``(II) has been filled by a United States citizen or legal 
     permanent resident who is not the qualified entrepreneur or 
     the spouse, son, or daughter of the qualified entrepreneur; 
     and
       ``(III) is compensated at a rate comparable to the median 
     income of similar employees in the region or in a manner 
     common and comparable to the business entity's industry.

       On page 1859, line 5, strike ``super''.
       On page 1859, line 6, strike ``super''.
       On page 1860, strike lines 3 through 9 and insert the 
     following:

       ``(III) each of whom in the previous 3 years has made 
     qualified investments totaling not less than $50,000 in 
     United States business entities which are less than 5 years 
     old.

       On page 1862, lines 8 and 9, strike ``and chief operating 
     officer'' and insert ``, chief operating officer, chief 
     marketing officer, chief design officer, and chief creative 
     officer''.
       On page 1864, line 9, strike ``super''.
       On page 1864, line 19, strike ``$500,000'' and insert 
     ``$250,000''.
       On page 1865, line 3, strike ``$750,000'' and insert 
     ``$500,000''.
       On page 1866, line 2, strike ``super''.
       On page 1866, line 12, strike ``$500,000'' and insert 
     ``$250,000''.
       On page 1866, line 20, strike ``$500,000'' and insert 
     ``$400,000''.
       On page 1867, between lines 4 and 5, insert the following:
       (b) Authorization of Dual Intent for INVEST Immigrants.--
     Section 214 (8 U.S.C. 1184) is amended--
       (1) in subsection (b), by striking ``subparagraph (L) or 
     (V)'' and inserting ``subparagraph (L), (V), or (X)''; and
       (2) in subsection (h), as amended by sections 2403(c) and 
     4401(b), by striking ``or (W)'' and inserting ``(W), or 
     (X)''.
       On page 1869, strike lines 1 through 21 and insert the 
     following:
       (1) the number of immigrant and nonimmigrant visas issued 
     to entrepreneurs for each fiscal year;
       (2) an accounting of the excess demand for immigrant visas 
     if the annual allocation is insufficient in any fiscal year 
     to meet demand;
       (3) the number and percentage of entrepreneurs able to meet 
     thresholds for nonimmigrant renewal and adjustment to 
     permanent resident status under the amendments made by this 
     subtitle;
       (4) an analysis of the economic impact of entrepreneurs 
     holding immigrant and nonimmigrant visas authorized under 
     this subtitle and the amendments made by this subtitle, 
     including--
       (A) job and revenue creation;
       (B) increased investments; and
       (C) growth within business sectors and regions;
       (5) a description and breakdown of types of businesses 
     created by entrepreneurs granted nonimmigrant or immigrant 
     visas;
       (6) the number of businesses established by entrepreneurs 
     holding immigrant and nonimmigrant visas authorized under 
     this subtitle and the amendments made by this subtitle that 
     are purchased by another United States business entity;
       (7) except for the Secretary's initial report under this 
     subsection, a description of the percentage of the businesses 
     initially created by the entrepreneurs granted immigrant and 
     nonimmigrant visas authorized under this subtitle and the 
     amendments made by this subtitle, that are still in 
     operation; and
       (8) any recommendations for improving the programs 
     established under this subtitle and the amendments made by 
     this subtitle.
                                 ______
                                 
  SA 1257. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 3413. VIOLENCE AGAINST WOMEN ACT SAFETY NET.

       (a) Designating Additional Aliens as Eligible to Receive 
     Certain Assistance.--Section 431(c) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1641(c)) is amended--
       (1) in the subsection heading, by striking ``Battered 
     Aliens'' and inserting ``Victims of Abuse and Special 
     Immigrant Juveniles'';
       (2) in paragraph (1)--
       (A) in subparagraph (A), by striking ``in the United 
     States'' and all that follows through ``the spouse or parent 
     consented'' and inserting ``by a spouse, parent, son, or 
     daughter, or by a member of the spouse, parent, son, or 
     daughter's family residing in the same household as the alien 
     and the spouse, parent, son, or daughter consented'';
       (B) in subparagraph (B)--
       (i) in clause (v), by striking the semicolon and inserting 
     ``; or''; and
       (ii) by adding at the end the following:
       ``(vi) status as a VAWA self-petitioner (as defined in 
     section 101(51) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(51));'';
       (3) in paragraph (3)(B), by striking ``; or'' and inserting 
     a semicolon;

[[Page 8723]]

       (4) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (5) by inserting after paragraph (4) the following:
       ``(5) an alien who has been granted nonimmigrant status 
     under section 101(a)(15)(U) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(U)) or who has a 
     pending application for such nonimmigrant status;
       ``(6) an alien who has been granted immigrant status under 
     section 101(a)(27)(J) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(27)(J)) or who has a pending application 
     for such immigrant status; or
       ``(7) an alien--
       ``(A) who--
       ``(i) has been granted status as a spouse or child of a 
     registered provisional immigrant under section 245B the 
     Immigration and Nationality Act;
       ``(ii) has been granted blue card status under 2211 of the 
     Border Security, Economic Opportunity, and Immigration 
     Modernization Act; or
       ``(iii) has a pending application for status described in 
     clause (i) or (ii); and
       ``(B) who has been battered or subjected to extreme cruelty 
     by a spouse or parent.''.
       (b) Exemption From 5-year Limited Eligibility for Certain 
     Federal Programs.--Section 403(b) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(b)) is amended by adding at the end the 
     following:
       ``(3) Battered and crime victim aliens.--An alien--
       ``(A) who is described in section 431(c); or
       ``(B)(i) who is described in section 431(b);
       ``(ii) who has been battered or subjected to extreme 
     cruelty by--
       ``(I) a spouse, parent, son, or daughter; or
       ``(II) a member of the spouse, parent, son, or daughter's 
     family residing in the same household as the alien and the 
     spouse, parent, son, or daughter consented to, or acquiesced 
     in, such battery or cruelty; and
       ``(iii) for whom there is a substantial connection between 
     such battery or cruelty and the need for the benefits to be 
     provided.''.
       (c) Eligibility for Medicaid, TANF, and Certain Other 
     Safety Net Benefits.--Section 402(b)(2) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end 
     the following:
       ``(G) Aliens eligible for immigration relief as crime 
     victims.--An alien--
       ``(i) who is described in section 431(c); or
       ``(ii)(I) who is described in section 431(b);
       ``(II) who has been battered or subjected to extreme 
     cruelty by--

       ``(aa) a spouse, parent, son, or daughter; or
       ``(bb) a member of the spouse, parent, son, or daughter's 
     family residing in the same household as the alien and the 
     spouse, parent, son, or daughter consented to, or acquiesced 
     in, such battery or cruelty; and

       ``(III) for whom there is a substantial connection between 
     such battery or cruelty and the need for the benefits to be 
     provided.''.
       (d) Eligibility for SSI and Food Assistance Safety Net 
     Benefits.--Section 402(a)(2) of the Personal Responsibility 
     and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1612(a)(2)) is amended by adding at the end the following:
       ``(N) Aliens eligible for immigration relief as crime 
     victims.--With respect to eligibility for a specified Federal 
     program (as defined in paragraph (3)), paragraph (1) shall 
     not apply to an alien--
       ``(i) who is described in section 431(c); or
       ``(ii)(I) who is described in section 431(b);
       ``(II) who has been battered or subjected to extreme 
     cruelty by--

       ``(aa) a spouse, parent, son, or daughter; or
       ``(bb) by a member of the spouse, parent, son, or 
     daughter's family residing in the same household as the alien 
     and the spouse, parent, son, or daughter consented to, or 
     acquiesced in, such battery or cruelty; and

       ``(III) for whom there is a substantial connection between 
     such battery or cruelty and the need for the benefits to be 
     provided.''.
       (e) Effective Date.--The amendments made by this section 
     apply to applications for public benefits and public benefits 
     provided on or after the date of the enactment of this Act.
       (f) Rule of Construction.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     prohibit the requirement for a substantial connection 
     determination in order to receive benefits under section 
     431(c)(1)(A) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1641(c)(1)(A)).
                                 ______
                                 
  SA 1258. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 998, line 2, after ``subsection (a)'' insert the 
     following: ``(other than an immediate relative (as defined in 
     section 201(b)(2)(B) of the Immigration and Nationality Act, 
     as amended by section 2305 of this Act) or an applicant for 
     an employment-based visa under section 203(b) of the 
     Immigration and Nationality Act, as amended by this Act)''.

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