[Congressional Record (Bound Edition), Volume 159 (2013), Part 7]
[Senate]
[Pages 9356-9384]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1316. Mrs. GILLIBRAND (for herself and Ms. Warren) submitted an 
amendment intended to be proposed by her to the bill S. 744, to provide 
for comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       In section 2111, strike ``Except'' and insert the 
     following:
       (a) Eligibility for Legal Assistance.--Section 504(a)(11) 
     of the Departments of Commerce, Justice, and State, the 
     Judiciary and Related Agencies Appropriations Act, 1996 
     (Public Law 104-134; 110 Stat. 1321-53) may not be construed 
     to prevent a recipient of funds under the Legal Services 
     Corporation Act (42 U.S.C. 2996 et seq.) from providing legal 
     assistance related to an application for registered 
     provisional immigrant (referred to in this subsection as 
     ``RPI'') status under section 245B of the Immigration and 
     Nationality Act, legal assistance to an individual who has 
     been granted RPI status, or legal assistance related to an 
     application for adjustment of status under section 245C or 
     245D of that Act.
       (b) Right or Benefit.--Except
                                 ______
                                 
  SA 1317. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 2554. TAXPAYER ELIGIBILITY FOR FEDERAL PROGRAMS.

       (a) In General.--Any individual who--
       (1) is lawfully present in the United States;
       (2) is employed; and
       (3) has satisfied any applicable Federal tax liability (as 
     defined in section 245B(c)(2)(B) of the Immigration and 
     Nationality Act),
     shall not be ineligible for any federally-funded program or 
     tax credit allowed under the Internal Revenue Code of 1986 
     solely on the basis of the individual's immigration status.
       (b) Satisfaction of Requirements.--An individual may 
     demonstrate compliance with the requirements described in 
     subsection (a) by submitting appropriate documentation, in 
     accordance with regulations promulgated by the Secretary of 
     Homeland Security, in consultation with the Secretary of the 
     Treasury. For purposes of paragraph (2) of subsection (a), 
     such regulations shall allow for brief periods of 
     unemployment lasting not more than 60 days.
       (c) Application to Spouse or Dependent.--Subsection (a) 
     shall apply to the spouse of an individual described in that 
     subsection and to any dependent (as defined in section 152 of 
     the Internal Revenue Code of 1986) of the individual without 
     regard to paragraph (2) of that subsection.
       (d) Application of Health Insurance Requirements.--
     Notwithstanding any provision of this Act or any amendment 
     made by this Act, for purposes of sections 36B(e) and 
     5000A(d)(3) of the Internal Revenue Code of 1986 and section 
     1402(e) of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18071(e)), an individual described in subsection (a) 
     or (c) of this section shall be treated as lawfully present 
     in the United States.
       (e) Nonapplication.--This section shall apply 
     notwithstanding any provision of this Act or any amendment 
     made by this Act.
                                 ______
                                 
  SA 1318. Mr. WYDEN (for himself, Mrs. Boxer, Mr. Schatz, Mr. 
Whitehouse, Mr. Heinrich, and Mr. Cardin) submitted an amendment 
intended to be proposed by him to the bill S. 744, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 855, strike lines 13 through 19.
       Beginning on page 858, strike line 11 and all that follows 
     through page 859, line 22.
       On page 864, strike lines 8 through 10 and insert the 
     following:

     SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY.

       Beginning on page 870, strike line 3 and all that follows 
     through page 871, line 22.
       On page 877, beginning on line 1, strike ``technology'' and 
     all that follows through line 6, and insert ``technology;''.
       Beginning on page 908, strike line 8 and all that follows 
     through page 911, line 3.
       Beginning on page 1039, strike line 22 and all that follows 
     through page 1040, line 2.
                                 ______
                                 
  SA 1319. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PLACEMENT OF SERVICE CENTERS OF U.S. CITIZENSHIP AND 
                   IMMIGRATION SERVICES.

       The Director of U.S. Citizenship and Immigration Services, 
     in reviewing the future space and staffing needs for service 
     centers of U.S. Citizenship and Immigration Services, shall 
     develop, to the extent practicable, an effective facility 
     model that encourages each service center to centralize its 
     operations into a single headquarters campus in the original 
     geographic location of the center.
                                 ______
                                 
  SA 1320. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 896, strike line 11 and all that follow through 
     page 942, line 17, and insert the following:

                        TITLE I--BORDER SECURITY

     SEC. 1101. BORDER SECURITY REQUIREMENTS.

       (a) In General.--During the 3-year period beginning on the 
     date of the enactment of this Act, the Secretary shall--
       (1) triple the number of U.S. Border Patrol agents 
     stationed along the international border between the United 
     States and Mexico;
       (2) quadruple the equipment and other assets stationed 
     along such border, including cameras, sensors, drones, and 
     helicopters, to enable continuous monitoring of the border;
       (3) complete all of the fencing required under the Secure 
     Fence Act of 2006 (Public Law 109-367);
       (4) develop, in cooperation with the Department of Defense 
     and all Federal law enforcement agencies, a policy ensuring 
     real-time sharing of information among all Federal law 
     enforcement agencies regarding--
       (A) smuggling routes for humans and contraband;
       (B) patterns in illegal border crossings;
       (C) new techniques or methods used in cross-border illegal 
     activity; and
       (D) all other information pertinent to border security;
       (5) complete and fully implement the United States Visitor 
     and Immigrant Status Indicator Technology (US-VISIT), 
     including the biometric entry-exist portion; and
       (6) establish operational control (as defined in section 
     2(b) of the Secure Fence Act of 2006 (Public Law 109-367)) 
     over 100 percent of the international border between the 
     United States and Mexico.
       (b) 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 2101, or blue card status under 
     section 2111 until the Secretary has substantially complied 
     with all of the requirements set forth in subsection (a).
       (c) Budgetary Effects of Noncompliance.--
       (1) Initial reductions.--If, on the date that is 3 years 
     after the date of the enactment of this Act, the Secretary 
     has failed to substantially comply with all of the 
     requirements set forth in subsection (a)--
       (A) the amount appropriated to the Department for the 
     following fiscal year shall be automatically reduced by 20 
     percent;
       (B) an amount equal to the reduction under subparagraph (A) 
     shall be made available, in block grants, to the States of 
     Arizona, California, New Mexico, and Texas for

[[Page 9357]]

     securing the international border between the United States 
     and Mexico; and
       (C) the salary of all political appointees at the 
     Department shall be reduced by 20 percent.
       (2) Subsequent years.--If, on the date that is 4, 5, 6, or 
     7 years after the date of the enactment of this Act, the 
     Secretary has failed to substantially comply with all of the 
     requirements set forth in subsection (a)--
       (A) the reductions and block grants authorized under 
     subparagraphs (A) and (B) of paragraph (1) shall increase by 
     an additional 5 percent of the amount appropriated to the 
     Department before the reduction authorized under paragraph 
     (1)(A); and
       (B) the salary of all political appointees at the 
     Department shall be reduced by an additional 5 percent.
       (d) Authorization of Appropriations.--
       (1) In general.--Subject to paragraph (2), there are 
     authorized to be appropriated to carry out this title such 
     sums as may be necessary for each of the fiscal year 2014 
     through 2018.
       (2) Offset.--
       (A) In general.--Any amounts appropriated pursuant to 
     paragraph (1) shall be offset by an equal reduction in the 
     amounts appropriated for other purposes.
       (B) Rescission.--If the reductions required under 
     subparagraph (A) are not made during the 180-day period 
     beginning on the date of the enactment of this Act, there 
     shall be rescinded, from all unobligated amounts appropriated 
     for any Federal agency (other than the Department of 
     Defense), on a proportionate basis, an amount equal to the 
     amount appropriated pursuant to paragraph (1).
                                 ______
                                 
  SA 1321. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. INELIGIBILITY FOR MEANS-BASED BENEFITS OF ALIENS 
                   ENTERING OR REMAINING IN UNITED STATES WHILE 
                   NOT IN LAWFUL STATUS.

       Notwithstanding any provision of this Act or any other 
     provision of law, no alien who has entered or remained in the 
     United States while not in lawful status under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall 
     be eligible for any Federal, State, or local government 
     means-tested benefit, nor shall such alien be eligible for 
     any benefit under the Patient Protection and Affordable Care 
     Act (Pub. L. 111-148), regardless of the alien's legal status 
     at the time of application for such benefit.
                                 ______
                                 
  SA 1322. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1076, strike line 20 and insert the following:

     SEC. 2215. IMMIGRANT CATEGORIES INELIGIBLE FOR UNITED STATES 
                   CITIZENSHIP.

       Notwithstanding any other provision of law, aliens granted 
     registered provisional immigrant status under section 245B of 
     the Immigration and Nationality Act, as added by section 
     2101, including aliens described in section 245D(b)(1) of 
     such Act, and aliens granted blue card status under section 
     2211 are permanently ineligible to become naturalized 
     citizens of the United States, except for aliens granted 
     asylum pursuant to section 208 of such Act (8 U.S.C. 1158).

     SEC. 2216. AUTHORIZATION OF APPROPRIATIONS.

                                 ______
                                 
  SA 1323. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1076, strike line 20 and insert the following:

     SEC. 2215. INELIGIBILITY FOR MEANS-BASED BENEFITS OF ALIENS 
                   ENTERING OR REMAINING IN UNITED STATES WHILE 
                   NOT IN LAWFUL STATUS.

       Notwithstanding any provision of this Act or any other 
     provision of law, any alien who, after entering or remaining 
     in the United States while not in lawful status under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), was 
     granted legal status under section 245B of the Immigration 
     and Nationality Act, as added by section 2101, including 
     aliens described in section 245D(b)(1) of such Act, or blue 
     card status under section 2211, regardless of the alien's 
     legal status at the time the alien applies for a benefit 
     described in paragraph (1) or (2), shall not be eligible 
     for--
       (1) any Federal, State, or local government means-tested 
     benefit; or
       (2) any benefit under the Patient Protection and Affordable 
     Care Act (Pub. L. 111-148).

     SEC. 2216. IMMIGRANT CATEGORIES INELIGIBLE FOR UNITED STATES 
                   CITIZENSHIP.

       Notwithstanding any other provision of law, aliens granted 
     registered provisional immigrant status under section 245B of 
     the Immigration and Nationality Act, as added by section 
     2101, including aliens described in section 245D(b)(1) of 
     such Act, and aliens granted blue card status under section 
     2211 are permanently ineligible to become naturalized 
     citizens of the United States, except for aliens granted 
     asylum pursuant to section 208 of such Act (8 U.S.C. 1158).

     SEC. 2217. AUTHORIZATION OF APPROPRIATIONS.

                                 ______
                                 
  SA 1324. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 1166, strike line 3 and all that follows 
     through ``(d)'' on page 1217, line 8, and insert the 
     following:

     SEC. 2303. ELIMINATION OF ARBITRARY LIMITATION OF FOREIGN 
                   NATIONALITIES.

       (a) Repeal.--Section 202 (8 U.S.C. 1152) is repealed.
       (b) Conforming Amendment.--Section 203(b) (8 U.S.C. 
     1153(b)) is amended by striking paragraph (6).

     SEC. 2304. ELIMINATION OF DIVERSITY VISA LOTTERY.

       (a) Repeal.--Section 203(c) (8 U.S.C. 1153(c)) is repealed.
       (b) Conforming Amendments.--Title II (8 U.S.C. 1151 et 
     seq.) is amended--
       (1) in section 201--
       (A) in subsection (a), by striking paragraph (3); and
       (B) by striking subsection (e); and
       (2) in section 204(a)(1), by striking subparagraph (I).

     SEC. 2305. FAMILY-SPONSORED IMMIGRANTS.

       (a) Numerical Limitations.--Section 201(c) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(c) Worldwide Level of Family-sponsored Immigrants.--The 
     maximum worldwide level of family-sponsored immigrants for 
     each fiscal year shall be 337,500.''.
       (b) Visa Allocation for Family-sponsored Immigrants .--
     Section 203(a) (8 U.S.C. 1153(a)) is amended to read as 
     follows:
       ``(a) Visa Allocation for Family-sponsored Immigrants.--
     Qualified immigrants who are the unmarried sons or unmarried 
     daughters (but not children) of a citizen of the United 
     States or an alien lawfully admitted for permanent residence 
     shall be allocated all of the visas made available under 
     section 201(c).''.
       (c) Expansion of Immediate Relative Definition.--Section 
     201(b)(2)(A) (8 U.S.C. 1151(b)(2)(A)) is amended to read as 
     follows:
       ``(A)(i) Immediate relatives.
       ``(ii) Aliens admitted under section 211(a) on the basis of 
     a prior issuance of a visa to their accompanying parent who 
     is an immediate relative.
       ``(iii) In this subparagraph the term `immediate relatives' 
     means the children, spouse, and parents of a citizen of the 
     United States or of a lawful permanent resident. If the 
     immediate relative is a parent, the citizen or permanent 
     resident shall be at least 21 years of age. If the alien was 
     the spouse of a citizen of the United States or of a lawful 
     permanent resident and was not legally separated from the 
     citizen or permanent resident at the time of the citizen's or 
     permanent resident's death, the alien (and each child of the 
     alien) shall be considered, for purposes of this 
     subparagraph, to remain an immediate relative after the date 
     of the citizen's or permanent resident's death and until the 
     date the spouse remarries if the spouse files a petition 
     under section 204(a)(1)(A)(ii) not later than 2 years after 
     such death. An alien who has filed a petition under clause 
     (iii) or (iv) of section 204(a)(1)(A) shall remain an 
     immediate relative if the United States citizen or lawful 
     permanent resident spouse or parent loses United States 
     citizenship or lawful permanent resident status on account of 
     the abuse.''.
       (d) Conforming Amendments.--The Act (8 U.S.C. 1101 et seq.) 
     is amended--
       (1) in section 101(a)(15)(V), by striking ``203(a)(2)(A)'' 
     each place it appears and inserting ``203(a)'';
       (2) in section 201(f)--
       (A) in paragraph (2), by striking ``203(a)(2)(A)'' and 
     inserting ``203(a)''; and
       (B) by striking paragraph (3); and
       (C) by redesignating paragraph (4) as paragraph (3); and
       (D) in paragraph (3), as redesignated, by striking ``(1) 
     through (3)'' and inserting ``(1) and (2)''; and
       (3) in section 204--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A)(i), by striking ``paragraph (1), 
     (3), or (4) of section 203(a)'' and inserting ``section 
     203(a)''; and
       (ii) in subparagraph (B)--

       (I) in clause (i)(I), by striking ``section 203(a)(2)'' and 
     inserting ``section 203(a)''; and
       (II) in clause (ii), by striking ``clause (iii) of section 
     203(a)(2)(A)'' each place it appears and inserting ``section 
     203(a)''; and
       (III) in clause (iii), by striking ``section 203(a)(2)(A)'' 
     and inserting ``section 203(a)''; and

       (iii) in subparagraph (D)(i)(I), by striking ``paragraph 
     (1), (2), or (3) of section 203(a)'' and inserting ``section 
     203(a)'';
       (B) in subsection (a)(2)(A), in the undesignated matter 
     after clause (ii), by striking ``preference status under 
     section 203(a)(2)'' and inserting ``status as an immediate 
     relative under section 201(b)(2)(A)''; and

[[Page 9358]]

       (C) in subsection (k)(1), by striking ``section 
     203(a)(2)(B)'' and inserting ``section 203(a)''.

     SEC. 2306. EMPLOYMENT-BASED IMMIGRANTS.

       (a) Numerical Limitations.--Section 201(d) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(d) Worldwide Level of Employment-based Immigrants.--The 
     maximum worldwide level of employment-based immigrants for 
     each fiscal year shall be 1,012,500.''.
       (b) Visa Allocation for Employment-based Immigrants .--
     Section 203(b) (8 U.S.C. 1153(a)) is amended to read as 
     follows:
       ``(b) Visa Allocation for Employment-based Immigrants.--
     Aliens subject to the worldwide level specified in section 
     201(d) for employment-based immigrants in a fiscal year shall 
     be allocated visas as follows:
       ``(1) Highly-skilled workers.--Up to 607,500 visas shall be 
     allocated each fiscal year to qualified immigrants described 
     in this paragraph, with preference to be given to immigrants 
     described in subparagraph (A).
       ``(A) Advanced degrees in stem field.--An alien described 
     in this paragraph holds an advanced degree in science, 
     technology, engineering, or mathematics from an accredited 
     institution of higher education in the United States.
       ``(B) Aliens with extraordinary ability.--An alien 
     described in this subparagraph--
       ``(i) has extraordinary ability in the sciences, arts, 
     education, business, or athletics which has been demonstrated 
     by sustained national or international acclaim and whose 
     achievements have been recognized in the field through 
     extensive documentation;
       ``(ii) seeks to enter the United States to continue work in 
     the area of extraordinary ability; and
       ``(iii) will substantially benefit the United States.
       ``(C) Outstanding professors and researchers.--An alien 
     described in this subparagraph--
       ``(i) is recognized internationally as outstanding in a 
     specific academic area;
       ``(ii) has at least 3 years of experience in teaching or 
     research in the academic area; and
       ``(iii) seeks to enter the United States--

       ``(I) for a tenured position (or tenure-track position) 
     within a university or institution of higher education to 
     teach in the academic area;
       ``(II) for a comparable position with a university or 
     institution of higher education to conduct research in the 
     area; or
       ``(III) for a comparable position to conduct research in 
     the area with a department, division, or institute of a 
     private employer, if the department, division, or institute 
     employs at least 3 persons full-time in research activities 
     and has achieved documented accomplishments in an academic 
     field.

       ``(D) Certain multinational executives and managers.--An 
     alien described in this subparagraph, in the 3 years 
     preceding the time of the alien's application for 
     classification and admission into the United States under 
     this subparagraph, has been employed for at least 1 year by a 
     firm or corporation or other legal entity or an affiliate or 
     subsidiary thereof and the alien seeks to enter the United 
     States in order to continue to render services to the same 
     employer or to a subsidiary or affiliate thereof in a 
     capacity that is managerial or executive.
       ``(E) Skilled workers, professionals, and other workers.--
     An alien described in this subparagraph--
       ``(i) is capable, at the time of petitioning for 
     classification under this paragraph, of performing skilled 
     labor (requiring at least 2 years training or experience), 
     not of a temporary or seasonal nature, for which qualified 
     workers are not available in the United States; or
       ``(ii) holds a baccalaureate degree and is a members of the 
     professions.
       ``(F) Employment creation.--An alien described in this 
     subparagraph seeks to enter the United States for the purpose 
     of engaging in a new commercial enterprise (including a 
     limited partnership)--
       ``(i) in which such alien has invested (after the date of 
     the enactment of the Immigration Act of 1990) or, is actively 
     in the process of investing, capital in an amount not less 
     than $1,000,000; and
       ``(ii) which will benefit the United States economy and 
     create full-time employment for not fewer than 10 United 
     States citizens or aliens lawfully admitted for permanent 
     residence or other immigrants lawfully authorized to be 
     employed in the United States (other than the immigrant and 
     the immigrant's spouse, sons, or daughters).
       ``(2) Workers in designated shortage occupations.--Up to 
     405,000 visas shall be allocated each fiscal year to 
     qualified immigrants who--
       ``(A) are not described in paragraph (1); and
       ``(B) have at least 2 years experience in an occupation 
     designated by the Bureau of Labor Statistics as experiencing 
     a shortage of labor throughout the United States.''.
       (c) Treatment of Family Members.--Section 203(d) (8 U.S.C. 
     1153(d)) is amended--
       (1) by striking ``(a), (b), or (c)'' and inserting ``(a) or 
     (b)''; and
       (2) by adding at the end the following: ``The spouse, 
     children, or parents of an alien receiving a visa under 
     subsection 203(b) who are accompanying or following to join 
     the alien shall be counted against the numerical limitations 
     set forth in subsection (b).''.

     SEC. 2307. ONLINE PORTAL FOR LAWFUL PERMANENT RESIDENT 
                   APPLICATIONS.

       (a) Establishment.--The Secretary shall establish an online 
     portal through which individuals may submit applications for 
     lawful permanent resident status.
       (b) Features.--The online portal established pursuant to 
     subsection (a) shall provide--
       (1) step-by-step instructions, in plain English, describing 
     what information and supporting documentation is required to 
     be submitted;
       (2) an e-mail or text message to notify applicants of 
     changes in the status of their application.
       (c) User Fee.--In addition to any other fees required of 
     applicants for lawful permanent under any other provision of 
     law, the Secretary may charge individuals who apply for such 
     status through the online portal established pursuant to 
     subsection (a) a fee in an amount sufficient to pay for the 
     costs of maintaining the online portal.
       (d) Time Limitation.--All petitions submitted through the 
     online portal established pursuant to subsection (a) shall be 
     adjudicated in 60 days or less.
       (e)
                                 ______
                                 
  SA 1325. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 1629, strike line 7 and all that follows 
     through page 1714, line 19, and insert the following:

     SEC. 4101. MARKET-BASED H-1B VISA LIMITS.

       (a) In General.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``(beginning with fiscal year 1992)''; and
       (2) by amending subparagraph (A) to read as follows:
       ``(A) under section 101(a)(15)(H)(i)(b) may not exceed--
       ``(i) 65,000 in fiscal year 2013; and
       ``(ii) 325,000 in each subsequent fiscal year; and'';

     SEC. 4102. WORK AUTHORIZATION FOR DEPENDENT SPOUSES OF H-1B 
                   NONIMMIGRANTS.

       Section 214(n) (8 U.S.C. 1184(n)) is amended--
       (1) by amending the subsection heading to read as follows 
     ``Employment Authorization for H-1B Nonimmigrants and Their 
     Spouses''; and
       (2) by adding at the end the following:
       ``(3) The spouse of an alien provided nonimmigrant status 
     under section 101(a)(15)(H)(i)(b) is authorized to accept 
     employment in the United States while his or her principal 
     alien spouse lawfully maintains such status while in the 
     United States.''.

     SEC. 4103. AUTHORIZATION OF DUAL INTENT.

       (a) Definition.--Section 101(a)(15)(F)(i) (8 U.S.C. 
     1101(a)(15)(F)(i)) is amended by striking ``which he has no 
     intention of abandoning'' and inserting ``which, if the alien 
     is not pursuing a course of study at an accredited 
     institution of higher education (as defined in section 101 of 
     the Higher Education Act of 1965 (20 U.S.C. 1001)), the alien 
     has no intention of abandoning''.
       (b) Presumption of Status; Intention To Abandon Foreign 
     Residence.--Section 214 (8 U.S.C. 1184) is amended--
       (1) in subsection (b), by striking ``(L) or (V)'' and 
     inserting ``(F), (L), or (V)''; and
       (2) in subsection (h), by striking ``(H)(i)(b) or (c)'' and 
     inserting ``(F), (H)(i)(b), (H)(i)(c)''.

     SEC. 4104. H-1B FEE INCREASE.

       (a) In General.--Section 214(c)(9) (8 U.S.C. 1184(c)(9)) is 
     amended by striking subparagraphs (B) and (C) and inserting 
     the following:
       ``(B) The amount of the fee imposed under subparagraph (A) 
     shall be--
       ``(i) $2,500 for each such petition by an employer with 
     more than 25 full-time equivalent employees who are employed 
     in the United States, including any affiliate or subsidiary 
     of such employer; or
       ``(ii) $1,250 for each such petition by any employer with 
     not more than 25 full-time equivalent employees who are 
     employed in the United States , including any affiliate or 
     subsidiary of such employer.
       ``(C) Of the amounts collected under this paragraph--
       ``(i) 60 percent shall be deposited in the H-1B 
     Nonimmigrant Petitioner Account in accordance with section 
     286(s); and
       ``(ii) 40 percent shall be deposited in the STEM Education 
     and Training Account established under section 286(w).''.
       (b) STEM Education and Training Account.--Section 286 (8 
     U.S.C. 1356) is amended by adding at the end the following:
       ``(w) STEM Education and Training Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `STEM Education and Training Account' (referred to in 
     this subsection as the `Account').
       ``(2) Deposits.--There shall be deposited as offsetting 
     receipts into the Account 40 percent of the fees collected 
     under section 214(c)(9)(B).

[[Page 9359]]

       ``(3) Use of funds.--Amounts deposited in the Account may 
     be used to enhance the economic competitiveness of the United 
     States by--
       ``(A) establishing a block grant program for States to 
     promote STEM education; and
       ``(B) carrying out programs to bridge STEM education with 
     employment, such as work-study program.''.
                                 ______
                                 
  SA 1326. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 1166, strike line 3 and all that follows 
     through ``(d)'' on page 1217, line 8, and insert the 
     following:

     SEC. 2303. ELIMINATION OF ARBITRARY LIMITATION OF FOREIGN 
                   NATIONALITIES.

       (a) Repeal.--Section 202 (8 U.S.C. 1152) is repealed.
       (b) Conforming Amendment.--Section 203(b) (8 U.S.C. 
     1153(b)) is amended by striking paragraph (6).

     SEC. 2304. ELIMINATION OF DIVERSITY VISA LOTTERY.

       (a) Repeal.--Section 203(c) (8 U.S.C. 1153(c)) is repealed.
       (b) Conforming Amendments.--Title II (8 U.S.C. 1151 et 
     seq.) is amended--
       (1) in section 201--
       (A) in subsection (a), by striking paragraph (3); and
       (B) by striking subsection (e); and
       (2) in section 204(a)(1), by striking subparagraph (I).

     SEC. 2305. FAMILY-SPONSORED IMMIGRANTS.

       (a) Numerical Limitations.--Section 201(c) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(c) Worldwide Level of Family-sponsored Immigrants.--The 
     maximum worldwide level of family-sponsored immigrants for 
     each fiscal year shall be 337,500.''.
       (b) Visa Allocation for Family-sponsored Immigrants .--
     Section 203(a) (8 U.S.C. 1153(a)) is amended to read as 
     follows:
       ``(a) Visa Allocation for Family-sponsored Immigrants.--
     Qualified immigrants who are the unmarried sons or unmarried 
     daughters (but not children) of a citizen of the United 
     States or an alien lawfully admitted for permanent residence 
     shall be allocated all of the visas made available under 
     section 201(c).''.
       (c) Expansion of Immediate Relative Definition.--Section 
     201(b)(2)(A) (8 U.S.C. 1151(b)(2)(A)) is amended to read as 
     follows:
       ``(A)(i) Immediate relatives.
       ``(ii) Aliens admitted under section 211(a) on the basis of 
     a prior issuance of a visa to their accompanying parent who 
     is an immediate relative.
       ``(iii) In this subparagraph the term `immediate relatives' 
     means the children, spouse, and parents of a citizen of the 
     United States or of a lawful permanent resident. If the 
     immediate relative is a parent, the citizen or permanent 
     resident shall be at least 21 years of age. If the alien was 
     the spouse of a citizen of the United States or of a lawful 
     permanent resident and was not legally separated from the 
     citizen or permanent resident at the time of the citizen's or 
     permanent resident's death, the alien (and each child of the 
     alien) shall be considered, for purposes of this 
     subparagraph, to remain an immediate relative after the date 
     of the citizen's or permanent resident's death and until the 
     date the spouse remarries if the spouse files a petition 
     under section 204(a)(1)(A)(ii) not later than 2 years after 
     such death. An alien who has filed a petition under clause 
     (iii) or (iv) of section 204(a)(1)(A) shall remain an 
     immediate relative if the United States citizen or lawful 
     permanent resident spouse or parent loses United States 
     citizenship or lawful permanent resident status on account of 
     the abuse.''.
       (d) Conforming Amendments.--The Act (8 U.S.C. 1101 et seq.) 
     is amended--
       (1) in section 101(a)(15)(V), by striking ``203(a)(2)(A)'' 
     each place it appears and inserting ``203(a)'';
       (2) in section 201(f)--
       (A) in paragraph (2), by striking ``203(a)(2)(A)'' and 
     inserting ``203(a)''; and
       (B) by striking paragraph (3); and
       (C) by redesignating paragraph (4) as paragraph (3); and
       (D) in paragraph (3), as redesignated, by striking ``(1) 
     through (3)'' and inserting ``(1) and (2)''; and
       (3) in section 204--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A)(i), by striking ``paragraph (1), 
     (3), or (4) of section 203(a)'' and inserting ``section 
     203(a)''; and
       (ii) in subparagraph (B)--

       (I) in clause (i)(I), by striking ``section 203(a)(2)'' and 
     inserting ``section 203(a)''; and
       (II) in clause (ii), by striking ``clause (iii) of section 
     203(a)(2)(A)'' each place it appears and inserting ``section 
     203(a)''; and
       (III) in clause (iii), by striking ``section 203(a)(2)(A)'' 
     and inserting ``section 203(a)''; and

       (iii) in subparagraph (D)(i)(I), by striking ``paragraph 
     (1), (2), or (3) of section 203(a)'' and inserting ``section 
     203(a)'';
       (B) in subsection (a)(2)(A), in the undesignated matter 
     after clause (ii), by striking ``preference status under 
     section 203(a)(2)'' and inserting ``status as an immediate 
     relative under section 201(b)(2)(A)''; and
       (C) in subsection (k)(1), by striking ``section 
     203(a)(2)(B)'' and inserting ``section 203(a)''.

     SEC. 2306. EMPLOYMENT-BASED IMMIGRANTS.

       (a) Numerical Limitations.--Section 201(d) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(d) Worldwide Level of Employment-based Immigrants.--The 
     maximum worldwide level of employment-based immigrants for 
     each fiscal year shall be 1,012,500.''.
       (b) Visa Allocation for Employment-based Immigrants .--
     Section 203(b) (8 U.S.C. 1153(a)) is amended to read as 
     follows:
       ``(b) Visa Allocation for Employment-based Immigrants.--
     Aliens subject to the worldwide level specified in section 
     201(d) for employment-based immigrants in a fiscal year shall 
     be allocated visas as follows:
       ``(1) Highly-skilled workers.--Up to 607,500 visas shall be 
     allocated each fiscal year to qualified immigrants described 
     in this paragraph, with preference to be given to immigrants 
     described in subparagraph (A).
       ``(A) Advanced degrees in stem field.--An alien described 
     in this paragraph holds an advanced degree in science, 
     technology, engineering, or mathematics from an accredited 
     institution of higher education in the United States.
       ``(B) Aliens with extraordinary ability.--An alien 
     described in this subparagraph--
       ``(i) has extraordinary ability in the sciences, arts, 
     education, business, or athletics which has been demonstrated 
     by sustained national or international acclaim and whose 
     achievements have been recognized in the field through 
     extensive documentation;
       ``(ii) seeks to enter the United States to continue work in 
     the area of extraordinary ability; and
       ``(iii) will substantially benefit the United States.
       ``(C) Outstanding professors and researchers.--An alien 
     described in this subparagraph--
       ``(i) is recognized internationally as outstanding in a 
     specific academic area;
       ``(ii) has at least 3 years of experience in teaching or 
     research in the academic area; and
       ``(iii) seeks to enter the United States--

       ``(I) for a tenured position (or tenure-track position) 
     within a university or institution of higher education to 
     teach in the academic area;
       ``(II) for a comparable position with a university or 
     institution of higher education to conduct research in the 
     area; or
       ``(III) for a comparable position to conduct research in 
     the area with a department, division, or institute of a 
     private employer, if the department, division, or institute 
     employs at least 3 persons full-time in research activities 
     and has achieved documented accomplishments in an academic 
     field.

       ``(D) Certain multinational executives and managers.--An 
     alien described in this subparagraph, in the 3 years 
     preceding the time of the alien's application for 
     classification and admission into the United States under 
     this subparagraph, has been employed for at least 1 year by a 
     firm or corporation or other legal entity or an affiliate or 
     subsidiary thereof and the alien seeks to enter the United 
     States in order to continue to render services to the same 
     employer or to a subsidiary or affiliate thereof in a 
     capacity that is managerial or executive.
       ``(E) Skilled workers, professionals, and other workers.--
     An alien described in this subparagraph--
       ``(i) is capable, at the time of petitioning for 
     classification under this paragraph, of performing skilled 
     labor (requiring at least 2 years training or experience), 
     not of a temporary or seasonal nature, for which qualified 
     workers are not available in the United States; or
       ``(ii) holds a baccalaureate degree and is a members of the 
     professions.
       ``(F) Employment creation.--An alien described in this 
     subparagraph seeks to enter the United States for the purpose 
     of engaging in a new commercial enterprise (including a 
     limited partnership)--
       ``(i) in which such alien has invested (after the date of 
     the enactment of the Immigration Act of 1990) or, is actively 
     in the process of investing, capital in an amount not less 
     than $1,000,000; and
       ``(ii) which will benefit the United States economy and 
     create full-time employment for not fewer than 10 United 
     States citizens or aliens lawfully admitted for permanent 
     residence or other immigrants lawfully authorized to be 
     employed in the United States (other than the immigrant and 
     the immigrant's spouse, sons, or daughters).
       ``(2) Workers in designated shortage occupations.--Up to 
     405,000 visas shall be allocated each fiscal year to 
     qualified immigrants who--
       ``(A) are not described in paragraph (1); and
       ``(B) have at least 2 years experience in an occupation 
     designated by the Bureau of Labor Statistics as experiencing 
     a shortage of labor throughout the United States.''.
       (c) Treatment of Family Members.--Section 203(d) (8 U.S.C. 
     1153(d)) is amended--
       (1) by striking ``(a), (b), or (c)'' and inserting ``(a) or 
     (b)''; and

[[Page 9360]]

       (2) by adding at the end the following: ``The spouse, 
     children, or parents of an alien receiving a visa under 
     subsection 203(b) who are accompanying or following to join 
     the alien shall be counted against the numerical limitations 
     set forth in subsection (b).''.

     SEC. 2307. ONLINE PORTAL FOR LAWFUL PERMANENT RESIDENT 
                   APPLICATIONS.

       (a) Establishment.--The Secretary shall establish an online 
     portal through which individuals may submit applications for 
     lawful permanent resident status.
       (b) Features.--The online portal established pursuant to 
     subsection (a) shall provide--
       (1) step-by-step instructions, in plain English, describing 
     what information and supporting documentation is required to 
     be submitted;
       (2) an e-mail or text message to notify applicants of 
     changes in the status of their application.
       (c) User Fee.--In addition to any other fees required of 
     applicants for lawful permanent under any other provision of 
     law, the Secretary may charge individuals who apply for such 
     status through the online portal established pursuant to 
     subsection (a) a fee in an amount sufficient to pay for the 
     costs of maintaining the online portal.
       (d) Time Limitation.--All petitions submitted through the 
     online portal established pursuant to subsection (a) shall be 
     adjudicated in 60 days or less.
       (e)

       Beginning on page 1629, strike line 7 and all that follows 
     through page 1714, line 19, and insert the following:

     SEC. 4101. MARKET-BASED H-1B VISA LIMITS.

       (a) In General.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``(beginning with fiscal year 1992)''; and
       (2) by amending subparagraph (A) to read as follows:
       ``(A) under section 101(a)(15)(H)(i)(b) may not exceed--
       ``(i) 65,000 in fiscal year 2013; and
       ``(ii) 325,000 in each subsequent fiscal year; and'';

     SEC. 4102. WORK AUTHORIZATION FOR DEPENDENT SPOUSES OF H-1B 
                   NONIMMIGRANTS.

       Section 214(n) (8 U.S.C. 1184(n)) is amended--
       (1) by amending the subsection heading to read as follows 
     ``Employment Authorization for H-1B Nonimmigrants and Their 
     Spouses''; and
       (2) by adding at the end the following:
       ``(3) The spouse of an alien provided nonimmigrant status 
     under section 101(a)(15)(H)(i)(b) is authorized to accept 
     employment in the United States while his or her principal 
     alien spouse lawfully maintains such status while in the 
     United States.''.

     SEC. 4103. AUTHORIZATION OF DUAL INTENT.

       (a) Definition.--Section 101(a)(15)(F)(i) (8 U.S.C. 
     1101(a)(15)(F)(i)) is amended by striking ``which he has no 
     intention of abandoning'' and inserting ``which, if the alien 
     is not pursuing a course of study at an accredited 
     institution of higher education (as defined in section 101 of 
     the Higher Education Act of 1965 (20 U.S.C. 1001)), the alien 
     has no intention of abandoning''.
       (b) Presumption of Status; Intention To Abandon Foreign 
     Residence.--Section 214 (8 U.S.C. 1184) is amended--
       (1) in subsection (b), by striking ``(L) or (V)'' and 
     inserting ``(F), (L), or (V)''; and
       (2) in subsection (h), by striking ``(H)(i)(b) or (c)'' and 
     inserting ``(F), (H)(i)(b), (H)(i)(c)''.

     SEC. 4104. H-1B FEE INCREASE.

       (a) In General.--Section 214(c)(9) (8 U.S.C. 1184(c)(9)) is 
     amended by striking subparagraphs (B) and (C) and inserting 
     the following:
       ``(B) The amount of the fee imposed under subparagraph (A) 
     shall be--
       ``(i) $2,500 for each such petition by an employer with 
     more than 25 full-time equivalent employees who are employed 
     in the United States, including any affiliate or subsidiary 
     of such employer; or
       ``(ii) $1,250 for each such petition by any employer with 
     not more than 25 full-time equivalent employees who are 
     employed in the United States , including any affiliate or 
     subsidiary of such employer.
       ``(C) Of the amounts collected under this paragraph--
       ``(i) 60 percent shall be deposited in the H-1B 
     Nonimmigrant Petitioner Account in accordance with section 
     286(s); and
       ``(ii) 40 percent shall be deposited in the STEM Education 
     and Training Account established under section 286(w).''.
       (b) STEM Education and Training Account.--Section 286 (8 
     U.S.C. 1356) is amended by adding at the end the following:
       ``(w) STEM Education and Training Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `STEM Education and Training Account' (referred to in 
     this subsection as the `Account').
       ``(2) Deposits.--There shall be deposited as offsetting 
     receipts into the Account 40 percent of the fees collected 
     under section 214(c)(9)(B).
       ``(3) Use of funds.--Amounts deposited in the Account may 
     be used to enhance the economic competitiveness of the United 
     States by--
       ``(A) establishing a block grant program for States to 
     promote STEM education; and
       ``(B) carrying out programs to bridge STEM education with 
     employment, such as work-study program.''.
                                 ______
                                 
  SA 1327. Mr. BLUMENTHAL (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 744, to provide 
for comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1004, between lines 4 and 5, insert the following:
       ``(F) Special rule for children.--Notwithstanding 
     subparagraph (A), the Secretary may adjust the status of a 
     registered provisional immigrant to the status of an alien 
     lawfully admitted for permanent residence if the alien--
       ``(i) satisfies the requirements under clauses (i) and (ii) 
     of subparagraph (A);
       ``(ii) is under 18 years of age on the date the alien 
     submits an application for such adjustment; and
       ``(iii) is enrolled in school or has completed a general 
     education development certificate on the date the alien 
     submits an application for such adjustment.
                                 ______
                                 
  SA 1328. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. IMPROVED COLLECTION AND USE OF LABOR MARKET 
                   INFORMATION.

       (a) In General.--Section 1137 of the Social Security Act 
     (42 U.S.C. 1320b-7) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by inserting ``(including the 
     occupational information under subsection (g))'' after 
     ``paragraph (3) of this subsection''; and
       (B) in paragraph (3), by striking ``employers (as defined'' 
     and inserting ``subject to subsection (g), employers (as 
     defined''; and
       (2) by adding at the end the following new subsection:
       ``(g)(1) Beginning January 1, 2016, each quarterly wage 
     report required to be submitted by an employer under 
     subsection (a)(3) shall include such occupational information 
     with respect to each employee of the employer that permits 
     the classification of such employees into occupational 
     categories as found in the Standard Occupational 
     Classification (SOC) system.
       ``(2) The State agency receiving the occupational 
     information described in paragraph (1) shall make such 
     information available to the Secretary of Labor pursuant to 
     procedures established by the Secretary of Labor.
       ``(3)(A)(i) The Secretary of Labor shall make occupational 
     information submitted under paragraph (2) available to other 
     State and Federal agencies, including the United States 
     Census Bureau, the Bureau of Labor Statistics, and other 
     State and Federal research agencies.
       ``(ii) Disclosure of occupational information under clause 
     (i) shall be subject to the agency having safeguards in place 
     that meet the requirements under paragraph (4).
       ``(4) The Secretary of Labor shall establish and implement 
     safeguards for the dissemination and, subject to paragraph 
     (5), the use of occupational information received under this 
     subsection.
       ``(5) Occupational information received under this 
     subsection shall only be used to classify employees into 
     occupational categories as found in the Standard Occupational 
     Classification (SOC) system and to analyze and evaluate 
     occupations in order to improve the labor market for workers 
     and industries.
       ``(6) The Secretary of Labor shall establish procedures to 
     verify the accuracy of information received under paragraph 
     (2).''.
       (b) Advisory Committee.--
       (1) Establishment.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Labor shall 
     establish an advisory committee to advise the Secretary on 
     the implementation of subsection (g) of section 1137 of the 
     Social Security Act, as added by subsection (a).
       (2) Membership.--The advisory committee shall include--
       (A) State government officials, representatives of small, 
     medium, and large businesses, representatives of labor 
     organizations, labor market analysts, privacy and data 
     experts, and non-profit stakeholders; and
       (B) such other individuals determined appropriate by the 
     Secretary of Labor.
       (3) Meetings.--The advisory committee shall meet no less 
     than annually.
       (4) Termination.--The advisory committee shall terminate on 
     the date that is 3 years after the date of the first meeting 
     of the committee.
                                 ______
                                 
  SA 1329. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill S. 744, to provide 
for comprehensive immigration reform

[[Page 9361]]

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

       On page 1743, strike lines 1 through 4, and insert the 
     following:

     SEC. 4408. J VISA ELIGIBILITY.

       (a) Speakers of Certain Foreign Languages.--Section 
     101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to read as 
     follows:
       On page 1744, between lines 16 and 17, insert the 
     following:
       (c) Summer Work Travel Program Employment in Seafood 
     Processing.--Notwithstanding any other provision of law or 
     regulation, including part 62 of title 22, Code of Federal 
     Regulations or any proposed rule, the Secretary of State 
     shall permit participants in the Summer Work Travel program 
     described in section 62.32 of such title 22 who are admitted 
     under section 101(a)(15)(J) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(J)), as amended by 
     subsection (a), to be employed in seafood processing 
     positions in Alaska.
                                 ______
                                 
  SA 1330. 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 945, between lines 20 and 21, insert the following:

       ``(III) an offense, unless the applicant demonstrates to 
     the Secretary, by clear and convincing evidence, that he or 
     she is innocent of the offense, that he or she is the victim 
     of such offense, or that no offense occurred, that--

       ``(aa) is classified as a misdemeanor in the convicting 
     jurisdiction; and
       ``(bb) involved--
       ``(AA) domestic violence (as defined in section 40002(a) of 
     the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); 
     or
       ``(BB) child abuse and neglect (as defined in section 
     40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 
     13925(a));
                                 ______
                                 
  SA 1331. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. PREVENTING UNAUTHORIZED IMMIGRATION TRANSITING 
                   THROUGH MEXICO.

       (a) In General.--The Secretary of State, in conjunction 
     with the Secretary of Homeland Security, shall develop and 
     submit to Congress a strategy to address the unauthorized 
     immigration of individuals who transit through Mexico.
       (b) Requirements.--The strategy developed under subsection 
     (a) shall include specific steps--
       (1) to enhance the training, resources, and professionalism 
     of border and law enforcement officials in Mexico, Honduras, 
     El Salvador, Guatemala, and other countries, as appropriate; 
     and
       (2) to educate nationals of the countries described in 
     paragraph (1) about the perils of the journey to the United 
     States, including how this Act will increase the likelihood 
     of apprehension, increase criminal penalties associated with 
     illegal entry, and make finding employment in the United 
     States more difficult.
       (c) Implementation of Strategy.--In carrying out the 
     strategy developed under subsection (a)--
       (1) the Secretary of Homeland Security, in coordination 
     with the Secretary of State, shall produce an educational 
     campaign and disseminate information about the perils of the 
     journey across Mexico, the likelihood of apprehension, and 
     the difficulty of finding employment in the United States; 
     and
       (2) the Secretary of State, in conjunction with the 
     Secretary of Homeland Security, shall offer--
       (A) training to border and law enforcement officials to 
     enable these officials to operate more effectively, by using, 
     to the greatest extent practicable, Department of Homeland 
     Security personnel to conduct the training; and
       (B) technical assistance and equipment to border officials, 
     including computers, document readers, and other forms of 
     technology that may be needed.
       (d) Availability of Funds.--The Secretary of Homeland 
     Security may use such sums as are necessary from the 
     Comprehensive Immigration Trust Fund established under 
     section 6(a)(1) to carry out this section.
                                 ______
                                 
  SA 1332. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. CHANGES TO EXISTING VISA PROGRAMS.

       (a) Short Title.--This section may be cited as the ``No New 
     Pathway to Citizenship Act''.
       (b) Registered Provisional Immigrant Status Suspended.--
     Notwithstanding any other provision of law, the Secretary 
     shall not process applications for registered provisional 
     immigrant status pursuant to section 245B of the Immigration 
     and Nationality Act, as added by this Act.
       (c) Blue Card Status Suspended.--Notwithstanding any other 
     provision of law, the Secretary shall not process 
     applications for blue card status pursuant to section 2211 of 
     this Act.
       (d) All Numerical Caps to Employment-based Immigrant and 
     Nonimmigrant Visa Categories Suspended.--Notwithstanding any 
     other provision of law, all numerical caps on the numbers of 
     visas allowed to be issued in different categories of 
     nonimmigrant visas and employment-based immigrant visas 
     pursuant to the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), as amended by this Act, are null and void.
       (e) Suspension of Government Mandated Wages.--
     Notwithstanding any other provision of law, all wage 
     requirements and authority in the Immigration and Nationality 
     Act, as amended by this Act, are null and void.
       (f) Employers Certify Employment Needs.--Notwithstanding 
     any other provision of law, in the Immigration and 
     Nationality Act, as amended by this Act, employers shall be 
     permitted to certify to the Federal Government a numerical 
     need for employees and shall be allowed visa allocations to 
     fill the numbers requested by the employer.
       (g) Individuals Eligible for Registered Provisional Status 
     or Blue Card Status Eligible for Work Visa.--Notwithstanding 
     any other provision of law, all persons eligible for the 
     suspended registered provisional immigrant status pursuant to 
     section 245B of the Immigration and Nationality Act, as added 
     by this Act, and all persons eligible for the suspended blue 
     card status pursuant to section 2211 of this Act shall be 
     deemed eligible for the existing immigrant and non-immigrant 
     visa programs.
       (h) No Bar to Existing Adjustment of Status.--
     Notwithstanding any other provision of law, all persons 
     eligible for the suspended registered provisional immigrant 
     status pursuant to section 245B of the Immigration and 
     Nationality Act, as added by this Act, and all persons 
     eligible for the suspended blue card status pursuant to 
     section 2211 of this Act shall be allowed to file paperwork 
     to adjust status from nonimmigrant to immigrant or any work 
     visa status.
       (i) Time Period for Application.--Notwithstanding any other 
     provision of law, all persons eligible for the suspended 
     registered provisional immigrant status pursuant to section 
     245B of the Immigration and Nationality Act, as added by this 
     Act, and all persons eligible for the suspended blue card 
     status pursuant to section 2211 of this Act shall be and are 
     prima facie eligible for a work visa and may not be removed 
     by the Secretary for a period of 1 year after the date of the 
     enactment of this Act and shall be allowed to apply for an 
     existing visa.
       (j) No Special Preference for Undocumented Individuals 
     Pathway to Citizenship.--Notwithstanding any other provision 
     of law, all persons eligible for the suspended registered 
     provisional immigrant status pursuant to section 245B of the 
     Immigration and Nationality Act, as added by this Act, and 
     all persons eligible for the suspended blue card status 
     pursuant to section 2211 of this Act shall not be granted 
     special preference with regard to permanent resident status 
     or United States citizenship.
       (k) Applicants Can Stay in United States While Applying for 
     Visa.--Notwithstanding any other provision of law, all 
     persons eligible for the suspended registered provisional 
     immigrant status pursuant to section 245B of the Immigration 
     and Nationality Act, as added by this Act, and all persons 
     eligible for the suspended blue card status pursuant to 
     section 2211 of this Act shall be allowed to apply for 
     immigrant visas simultaneously without having to leave the 
     country and subject to existing law, as amended by this Act, 
     to petition for legal permanent resident status and 
     citizenship if they qualify under this Act or the Immigration 
     and Nationality Act, as amended.
       (l) Rule of Construction.--Section 245C(c)(2) of the 
     Immigration and Nationality Act, as added by section 2102, 
     shall apply to all persons eligible for the suspended 
     registered provisional immigrant and suspended blue card 
     status seeking to adjust status to that of an alien lawfully 
     admitted for permanent residence.
       (m) Cap on Refugees and Asylees.--Notwithstanding any other 
     provision of law, the total cap on aliens admitted to the 
     United States as a refugee under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157) and granted 
     asylum under section 208 of such Act (8 U.S.C. 1158), as 
     amended by this Act, shall be 50,000 per year.
       (n) Refugees and Asylees Eligible for Welfare for One 
     Year.--Notwithstanding any other provision of law, aliens 
     admitted to the United States as a refugee under section 207 
     of the Immigration and Nationality Act (8 U.S.C. 1157) or 
     granted asylum under section 208 of such Act (8 U.S.C. 1158), 
     as amended by this Act, shall not be eligible for any 
     assistance, any Federal means tested welfare benefits, or the 
     earned income tax credit under section 32 of the Internal 
     Revenue Code of 1986, after the date that is 1

[[Page 9362]]

     year after the date on which the alien is admitted to the 
     United States under such section 207 or granted asylum under 
     such section 208.
       (o) Refugees and Asylees Barriers to Work.--Notwithstanding 
     any other provision of law, all Federal legal barriers to 
     work for aliens admitted to the United States as a refugee 
     under section 207 of the Immigration and Nationality Act (8 
     U.S.C. 1157) and granted asylum under section 208 of such Act 
     (8 U.S.C. 1158), as amended by this Act, shall be null and 
     void.
                                 ______
                                 
  SA 1333. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place insert the following:

     SEC. ___. PROHIBITION OF A NATIONAL IDENTIFICATION CARD OR A 
                   NATIONAL CITIZEN REGISTRY.

       (a) Short Title.--This section may be cited as the 
     ``Protect Our Privacy Act''.
       (b) Rule of Construction.--Nothing in this Act, the 
     amendments made by this Act, or any other provision of law 
     may be construed as authorizing, directly or indirectly, the 
     issuance, use, or establishment of a national identification 
     card or system.
       (c) Limitations on Identification of United States 
     Citizens.--
       (1) Biometric information.--United States citizens shall 
     not be subject to any Federal or State law, mandate, or 
     requirement that they provide photographs or biometric 
     information without probable cause.
       (2) Photo tool.--As used in section 274A of the Immigration 
     and Nationality Act, as amended by section 3101, the term 
     ``photo tool'' may not be construed to allow the Federal 
     Government to require United States citizens to provide a 
     photograph to the Federal Government, other than photographs 
     for Federal employment identification documents and United 
     States passports.
       (3) Biometric social security cards.--Notwithstanding 
     section 3102, any other provision of this Act, the amendments 
     made by this Act, or any other provision of law, the Federal 
     Government may not require United States citizens to carry, 
     or to be issued, a biometric social security card.
       (4) Citizen registry.--Notwithstanding any provision of 
     this Act, the amendments made by this Act, or any other law, 
     the Federal Government is not authorized to create a de facto 
     national registry of citizens.
                                 ______
                                 
  SA 1334. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 3103 and inserting the following:

     SEC. 3103. EXTENSION OF IDENTITY THEFT OFFENSES.

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

       On page 1452, between lines 21 and 22, insert the 
     following:
       (8) $300,000,000 to carry out title III and subtitles D and 
     G of title IV and the amendments made by title III and such 
     subtitles.

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

     SEC. 3307. WAIVER OF FEDERAL LAWS WITH RESPECT TO BORDER 
                   SECURITY ACTIONS ON DEPARTMENT OF THE INTERIOR 
                   AND DEPARTMENT OF AGRICULTURE LANDS.

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

       Strike subtitle G of title III and insert the following:

                    Subtitle G--Interior Enforcement

     SEC. 3700. SHORT TITLE.

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

    CHAPTER 1--IMMIGRATION LAW ENFORCEMENT BY STATES AND LOCALITIES

     SEC. 3701. DEFINITION AND SEVERABILITY.

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

     SEC. 3702. IMMIGRATION LAW ENFORCEMENT BY STATES AND 
                   LOCALITIES.

       (a) In General.--Subject to section 274A(h)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)), 
     States, or political subdivisions of States, may enact, 
     implement and enforce criminal penalties that penalize the 
     same conduct that is prohibited in the criminal provisions of 
     immigration laws (as defined in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), as 
     long as the criminal penalties

[[Page 9363]]

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

     SEC. 3703. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

       (a) Provision of Information to the NCIC.--Not later than 
     180 days after the date of the enactment of this Act and 
     periodically thereafter as updates may require, the Secretary 
     shall provide the National Crime Information Center of the 
     Department of Justice with all information that the Secretary 
     may possess regarding any alien against whom a final order of 
     removal has been issued, any alien who has entered into a 
     voluntary departure agreement, any alien who has overstayed 
     their authorized period of stay, and any alien whose visas 
     has been revoked. The National Crime Information Center shall 
     enter such information into the Immigration Violators File of 
     the National Crime Information Center database, regardless of 
     whether--
       (1) the alien received notice of a final order of removal;
       (2) the alien has already been removed; or
       (3) sufficient identifying information is available with 
     respect to the alien.
       (b) Inclusion of Information in the NCIC Database.--
       (1) In general.--Section 534(a) of title 28, United States 
     Code, is amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations by aliens of the immigration laws of the United 
     States, regardless of whether any such alien has received 
     notice of the violation or whether sufficient identifying 
     information is available with respect to any such alien or 
     whether any such alien has already been removed from the 
     United States; and''.
       (2) Effective date.--The Attorney General and the Secretary 
     shall ensure that the amendment made by paragraph (1) is 
     implemented by not later than 6 months after the date of the 
     enactment of this Act.

     SEC. 3704. TECHNOLOGY ACCESS.

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

     SEC. 3705. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF 
                   INFORMATION ABOUT APPREHENDED ALIENS.

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

     SEC. 3706. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE 
                   AGENCIES THAT ASSIST IN THE ENFORCEMENT OF 
                   IMMIGRATION LAWS.

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

     SEC. 3707. INCREASED FEDERAL DETENTION SPACE.

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

     SEC. 3708. FEDERAL CUSTODY OF INADMISSIBLE AND DEPORTABLE 
                   ALIENS IN THE UNITED STATES APPREHENDED BY 
                   STATE OR LOCAL LAW ENFORCEMENT.

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


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

       ``Sec. 240D.  (a) Transfer of Custody by State and Local 
     Officials.--If a State, or a political subdivision of the 
     State, exercising authority with respect with respect to the 
     apprehension or arrest of an inadmissible or deportable alien 
     submits to the Secretary of Homeland Security a request that 
     the alien be taken into Federal custody, notwithstanding any 
     other provision of law, regulation, or policy the Secretary--
       ``(1) shall take the alien into custody not later than 48 
     hours after the detainer has been issued following the 
     conclusion of the State or local charging process or 
     dismissal process, or if no State or local charging or 
     dismissal process is required, the Secretary should issue a 
     detainer and take the alien into custody not later than 48 
     hours after the alien is apprehended; and
       ``(2) shall request that the relevant State or local law 
     enforcement agency temporarily

[[Page 9364]]

     hold the alien in their custody or transport the alien for 
     transfer to Federal custody.
       ``(b) Policy on Detention in Federal, Contract, State, or 
     Local Detention Facilities.--In carrying out section 
     241(g)(1), the Attorney General or Secretary of Homeland 
     Security shall ensure that an alien arrested under this title 
     shall be held in custody, pending the alien's examination 
     under this section, in a Federal, contract, State, or local 
     prison, jail, detention center, or other comparable facility. 
     Notwithstanding any other provision of law, regulation or 
     policy, such facility is adequate for detention, if--
       ``(1) such a facility is the most suitably located Federal, 
     contract, State, or local facility available for such purpose 
     under the circumstances;
       ``(2) an appropriate arrangement for such use of the 
     facility can be made; and
       ``(3) the facility satisfies the standards for the housing, 
     care, and security of persons held in custody by a United 
     States Marshal.
       ``(c) Reimbursement.--The Secretary of Homeland Security 
     shall reimburse a State, and a political subdivision of a 
     State, for all reasonable expenses, as determined by the 
     Secretary, incurred by the State, or political subdivision, 
     as a result of the incarceration and transportation of an 
     alien who is inadmissible or deportable as described in 
     subsections (a) and (b). Compensation provided for costs 
     incurred under such subsections shall be the average cost of 
     incarceration of a prisoner in the relevant State, as 
     determined by the chief executive officer of a State, or of a 
     political subdivision of a State, plus the cost of 
     transporting the alien from the point of apprehension to the 
     place of detention, and to the custody transfer point if the 
     place of detention and place of custody are different.
       ``(d) Secure Facilities.--The Secretary of Homeland 
     Security shall ensure that aliens incarcerated pursuant to 
     this title are held in facilities that provide an appropriate 
     level of security.
       ``(e) Transfer.--
       ``(1) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall establish a regular 
     circuit and schedule for the prompt transfer of apprehended 
     aliens from the custody of States, and political subdivisions 
     of a State, to Federal custody.
       ``(2) Contracts.--The Secretary may enter into contracts, 
     including appropriate private contracts, to implement this 
     subsection.''.
       (2) Clerical amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     240C the following new item:

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

     SEC. 3709. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT 
                   PERSONNEL RELATING TO THE ENFORCEMENT OF 
                   IMMIGRATION LAWS.

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

     SEC. 3710. IMMUNITY.

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

     SEC. 3711. CRIMINAL ALIEN IDENTIFICATION PROGRAM.

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

     SEC. 3712. CLARIFICATION OF CONGRESSIONAL INTENT.

       Section 287(g) of the Immigration and Nationality Act (8 
     U.S.C. 1357(g)) is amended--
       (1) in paragraph (1) by striking ``may enter'' and all that 
     follows through the period at the end and inserting the 
     following: ``shall enter into a written agreement with a 
     State, or any political subdivision of a State, upon request 
     of the State or political subdivision, pursuant to which an 
     officer or employee of the State or subdivision, who is 
     determined by the Secretary to be qualified to perform a 
     function of an immigration officer in relation to the 
     investigation, apprehension, or detention of aliens in the 
     United States (including the transportation of such aliens 
     across State lines to detention centers), may carry out such 
     function at the expense of the State or political subdivision 
     and to extent consistent with State and local law. No request 
     from a bona fide State or political subdivision or bona fide 
     law enforcement agency shall be denied absent a compelling 
     reason. No limit on the number of agreements under this 
     subsection may be imposed. The Secretary shall process 
     requests for such agreements with all due haste, and

[[Page 9365]]

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

     SEC. 3713. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

       Section 241(i) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)) is amended--
       (1) by striking ``Attorney General'' the first place such 
     term appears and inserting ``Secretary of Homeland 
     Security'';
       (2) by striking ``Attorney General'' each place such term 
     appears thereafter and inserting ``Secretary'';
       (3) in paragraph (3)(A), by inserting ``charged with or'' 
     before ``convicted''; and
       (4) by amending paragraph (5) to read as follows:
       ``(5) There are authorized to be appropriated to carry out 
     this subsection such sums as may be necessary for fiscal year 
     2014 and each subsequent fiscal year.''.

     SEC. 3714. STATE VIOLATIONS OF ENFORCEMENT OF IMMIGRATION 
                   LAWS.

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

     SEC. 3715. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

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

                      CHAPTER 2--NATIONAL SECURITY

     SEC. 3721. REMOVAL OF, AND DENIAL OF BENEFITS TO, TERRORIST 
                   ALIENS.

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

[[Page 9366]]

       (e) Record of Admission.--
       (1) In general.--Section 249 of such Act (8 U.S.C. 1259) is 
     amended to read as follows:


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

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

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

     SEC. 3722. TERRORIST BAR TO GOOD MORAL CHARACTER.

       (a) Definition of Good Moral Character.--Section 101(f) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(f)) is 
     amended--
       (1) by redesignating paragraphs (1) through (9) as 
     paragraphs (2) through (10), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) one who the Secretary of Homeland Security or 
     Attorney General determines to have been at any time an alien 
     described in section 212(a)(3) or 237(a)(4), which 
     determination may be based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information;'';
       (3) in paragraph (9) (as redesignated), by inserting ``, 
     regardless whether the crime was classified as an aggravated 
     felony at the time of conviction, except that the Secretary 
     of Homeland Security or Attorney General may, in the 
     unreviewable discretion of the Secretary or Attorney General, 
     determine that this paragraph shall not apply in the case of 
     a single aggravated felony conviction (other than murder, 
     manslaughter, homicide, rape, or any sex offense when the 
     victim of such sex offense was a minor) for which completion 
     of the term of imprisonment or the sentence (whichever is 
     later) occurred 10 or more years prior to the date of 
     application'' after ``(as defined in subsection (a)(43))''; 
     and
       (4) by striking the first sentence the follows paragraph 
     (10) (as redesignated) and inserting following: ``The fact 
     that any person is not within any of the foregoing classes 
     shall not preclude a discretionary finding for other reasons 
     that such a person is or was not of good moral character. The 
     Secretary or the Attorney General shall not be limited to the 
     applicant's conduct during the period for which good moral 
     character is required, but may take into consideration as a 
     basis for determination the applicant's conduct and acts at 
     any time.''
       (b) Aggravated Felons.--Section 509(b) of the Immigration 
     Act of 1990 (8 U.S.C. 1101 note) is amended to read as 
     follows:
       ``(b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on November 29, 1990, and shall apply to 
     convictions occurring before, on or after such date.''.
       (c) Technical Correction to the Intelligence Reform Act.--
     Section 5504(2) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458) is amended by 
     striking ``adding at the end'' and inserting ``inserting 
     after paragraph (8)''.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the date of enactment of this 
     Act, shall apply to any act that occurred before, on, or 
     after such date and shall apply to any application for 
     naturalization or any other benefit or relief, or any other 
     case or matter under the immigration laws pending on or filed 
     after such date. The amendments made by subsection (c) shall 
     take effect as if enacted in the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458).

     SEC. 3723. TERRORIST BAR TO NATURALIZATION.

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

     SEC. 3724. DENATURALIZATION FOR TERRORISTS.

       (a) In General.--Section 340 of the Immigration and 
     Nationality Act is amended--
       (1) by redesignating subsections (f) through (h) as 
     subsections (g) through (i), respectively; and

[[Page 9367]]

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

     SEC. 3725. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR 
                   NATIONAL SECURITY PURPOSES.

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

     SEC. 3726. BACKGROUND AND SECURITY CHECKS.

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


                             ``construction

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

[[Page 9368]]

     and Restructuring Act of 1998 (Public Law 105-277) with 
     respect to an alien otherwise eligible for protection under 
     such provisions.''.
       (2) Clerical amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     361 the following:

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

     SEC. 3727. TECHNICAL AMENDMENTS RELATING TO THE INTELLIGENCE 
                   REFORM AND TERRORISM PREVENTION ACT OF 2004.

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

                 CHAPTER 3--REMOVAL OF CRIMINAL ALIENS

     SEC. 3731. DEFINITION OF AGGRAVATED FELONY AND CONVICTION.

       (a) Definition of Aggravated Felony.--Section 101(a)(43) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended--
       (1) by striking ``The term `aggravated felony' means--'' 
     and inserting ``Notwithstanding any other provision of law, 
     the term `aggravated felony' applies to an offense described 
     in this paragraph, whether in violation of Federal or State 
     law, or in violation of the law of a foreign country for 
     which the term of imprisonment was completed within the 
     previous 15 years, even if the length of the term of 
     imprisonment for the offense is based on recidivist or other 
     enhancements and regardless of whether the conviction was 
     entered before, on, or after September 30, 1996, and means--
     '';
       (2) in subparagraph (A), by striking ``murder, rape, or 
     sexual abuse of a minor;'' and inserting ``murder, 
     manslaughter, homicide, rape (whether the victim was 
     conscious or unconscious), or any offense of a sexual nature 
     involving a victim under the age of 18 years;'';
       (3) in subparagraph (I), by striking ``or 2252'' and 
     inserting ``2252, or 2252A''.
       (4) in subparagraph (F), by striking ``at least one year;'' 
     and inserting ``is at least one year, except that if the 
     conviction records do not conclusively establish whether a 
     crime constitutes a crime of violence, the Attorney General 
     may consider other evidence related to the conviction that 
     clearly establishes that the conduct for which the alien was 
     engaged constitutes a crime of violence;''
       (5) in subparagraph (N), by striking paragraph ``(1)(A) or 
     (2) of'';
       (6) in subparagraph (O), by striking ``section 275(a) or 
     276 committed by an alien who was previously deported on the 
     basis of a conviction for an offense described in another 
     subparagraph of this paragraph'' and inserting ``section 275 
     or 276 for which the term of imprisonment is at least 1 
     year'';
       (7) in subparagraph (U), by striking ``an attempt or 
     conspiracy to commit an offense described in this paragraph'' 
     and inserting ``attempting or conspiring to commit an offense 
     described in this paragraph, or aiding, abetting, counseling, 
     procuring, commanding, inducing, or soliciting the commission 
     of such an offense.''; and
       (8) by striking the undesignated matter following 
     subparagraph (U).
       (b) Definition of Conviction.--Section 101(a)(48) of such 
     Act (8 U.S.C. 1101(a)(48)) is amended by adding at the end 
     the following:
       ``(C) Any reversal, vacatur, expungement, or modification 
     to a conviction, sentence, or conviction record that was 
     granted to ameliorate the consequences of the conviction, 
     sentence, or conviction record, or was granted for 
     rehabilitative purposes, or for failure to advise the alien 
     of the immigration consequences of a determination of guilt 
     or of a guilty plea (except in the case of a guilty plea that 
     was made on or after March 31, 2010, shall have no effect on 
     the immigration consequences resulting from the original 
     conviction. The alien shall have the burden of demonstrating 
     that any reversal, vacatur, expungement, or modification was 
     not granted to ameliorate the consequences of the conviction, 
     sentence, or conviction record, for rehabilitative purposes, 
     or for failure to advise the alien of the immigration 
     consequences of a determination of guilt or of a guilty plea 
     (except in the case of a guilty plea that was made on or 
     after March 31, 2010), except where the alien establishes a 
     pardon consistent with section 237(a)(2)(A)(vi).''.
       (c) Effective Date; Application of Amendments.--
       (1) In general.--The amendments made by subsection (a)--
       (A) shall take effect on the date of the enactment of this 
     Act; and
       (B) shall apply to any act or conviction that occurred 
     before, on, or after such date.
       (2) Application of iirira amendments.--The amendments to 
     section 101(a)(43) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(43)) made by section 321 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009-627) shall 
     continue to apply, whether the conviction was entered before, 
     on, or after September 30, 1996.

     SEC. 3732. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF 
                   AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.

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

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

       (2) by adding at the end of subsection (a)(2) the following 
     :
       ``(J) Procurement of citizenship or naturalization 
     unlawfully.--Any alien convicted of, or who admits having 
     committed, or who admits committing acts which constitute the 
     essential elements of, a violation of, or an attempt or a 
     conspiracy to violate, subsection (a) or (b) of section 1425 
     of title 18, United States Code (relating to the procurement 
     of citizenship or naturalization unlawfully) is inadmissible.
       ``(K) Certain firearm offenses.--Any alien who at any time 
     has been convicted under any law of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, purchasing, selling, offering for 
     sale, exchanging, using, owning, possessing, or carrying, or 
     of attempting or conspiring to purchase, sell, offer for 
     sale, exchange, use, own, possess, or carry, any weapon, 
     part, or accessory which is a firearm or destructive device 
     (as defined in section 921(a) of title 18, United States 
     Code) in violation of any law is inadmissible.
       ``(L) Aggravated felons.--Any alien who has been convicted 
     of an aggravated felony at any time is inadmissible.
       ``(M) Crimes of domestic violence, stalking, or violation 
     of protection orders, crimes against children.--
       ``(i) Domestic violence, stalking, and child abuse.--Any 
     alien who at any time is convicted of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, a crime of domestic violence, a crime 
     of stalking, or a crime of child abuse, child neglect, or 
     child abandonment is inadmissible. For purposes of this 
     clause, the term `crime of domestic violence' means any crime 
     of violence (as defined in section 16 of title 18, United 
     States Code) against a person committed by a current or 
     former spouse of the person, by an individual with whom the 
     person shares a child in common, by an individual who is 
     cohabiting with or has cohabited with the person as a spouse, 
     by an individual similarly situated to a spouse of the person 
     under the domestic or family violence laws of the 
     jurisdiction where the offense occurs, or by any other 
     individual against a person who is protected from that 
     individual's acts under the domestic or family violence laws 
     of the United States or any State, Indian tribal government, 
     or unit of local or foreign government.
       ``(ii) Violators of protection orders.--Any alien who at 
     any time is enjoined under a protection order issued by a 
     court and whom the court determines has engaged in conduct 
     that violates the portion of a protection order that involves 
     protection against credible threats of violence, repeated 
     harassment, or bodily injury to the person or persons for 
     whom the protection order was issued is inadmissible. For 
     purposes of this clause, the term `protection order' means 
     any injunction issued for the purpose of preventing violent 
     or threatening acts of domestic violence, including temporary 
     or final orders issued by civil or criminal courts (other 
     than support or child custody orders or provisions) whether 
     obtained by filing an independent action or as a independent 
     order in another proceeding.
       ``(iii) Waiver authorized.--The waiver authority available 
     under section 237(a)(7) with respect to section 
     237(a)(2)(E)(i) shall be available on a comparable basis with 
     respect to this subparagraph.
       ``(iv) Clarification.--If the conviction records do not 
     conclusively establish whether a crime of domestic violence 
     constitutes a crime of violence (as defined in section 16 of 
     title 18, United States Code), the Attorney General may 
     consider other evidence related to the conviction that 
     clearly establishes that the conduct for which the alien was 
     engaged constitutes a crime of violence.''; and
       (3) in subsection (h)--
       (A) by striking ``The Attorney General may, in his 
     discretion, waive the application

[[Page 9369]]

     of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection 
     (a)(2)'' and inserting ``The Attorney General or the 
     Secretary of Homeland Security may, in the discretion of the 
     Attorney General or the Secretary, waive the application of 
     subparagraphs (A)(i)(I), (III), (B), (D), (E), (K), and (M) 
     of subsection (a)(2)'';
       (B) by striking ``a criminal act involving torture.'' and 
     inserting ``a criminal act involving torture, or has been 
     convicted of an aggravated felony.'';
       (C) by striking ``if either since the date of such 
     admission the alien has been convicted of an aggravated 
     felony or the alien'' and inserting ``if since the date of 
     such admission the alien''; and
       (D) by inserting ``or Secretary of Homeland Security'' 
     after ``the Attorney General'' wherever that phrase appears.
       (b) Deportability; Criminal Offenses.--Section 237(a)(3)(B) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)(3)(B)) is amended--
       (1) in clause (ii), by striking ``or'' at the end;
       (2) in clause (iii), by inserting ``or'' at the end; and
       (3) by inserting after clause (iii) the following:
       ``(iv) of a violation of, or an attempt or a conspiracy to 
     violate, section 1425(a) or (b) of Title 18 (relating to the 
     procurement of citizenship or naturalization unlawfully),''.
       (c) Deportability; Criminal Offenses.--Section 237(a)(2) of 
     the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is 
     amended by adding at the end the following:
       ``(G) Any alien who at any time after admission has been 
     convicted of a violation of (or a conspiracy or attempt to 
     violate) section 408 of title 42, United States Code 
     (relating to social security account numbers or social 
     security cards) or section 1028 of title 18, United States 
     Code (relating to fraud and related activity in connection 
     with identification) is deportable.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply--
       (1) to any act that occurred before, on, or after the date 
     of the enactment of this Act; and
       (2) to all aliens who are required to establish 
     admissibility on or after such date, and in all removal, 
     deportation, or exclusion proceedings that are filed, 
     pending, or reopened, on or after such date.
       (e) Construction.--The amendments made by subsection (a) 
     shall not be construed to create eligibility for relief from 
     removal under former section 212(c) of the Immigration and 
     Nationality Act where such eligibility did not exist before 
     these amendments became effective.

     SEC. 3733. ESPIONAGE CLARIFICATION.

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

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

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

     SEC. 3734. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN 
                   IMMIGRATION, NATURALIZATION, AND PEONAGE 
                   OFFENSES.

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

     SEC. 3735. CONFORMING AMENDMENT TO THE DEFINITION OF 
                   RACKETEERING ACTIVITY.

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

     SEC. 3736. CONFORMING AMENDMENTS FOR THE AGGRAVATED FELONY 
                   DEFINITION.

       (a) In General.--Subparagraph (P) of section 101(a)(43) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended--
       (1) by striking ``(i) which either is falsely making, 
     forging, counterfeiting, mutilating, or altering a passport 
     or instrument in violation of section 1543 of title 18, 
     United States Code, or is described in section 1546(a) of 
     such title (relating to document fraud) and (ii)'' and 
     inserting ``which is described in any section of chapter 75 
     of title 18, United States Code,''; and
       (2) by inserting after ``first offense'' the following: 
     ``(i) that is not described in section 1548 of such title 
     (relating to increased penalties), and (ii)''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur before, on, or after the 
     date of the enactment of this Act.

     SEC. 3737. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT OF STATUS 
                   FOR AGGRAVATED FELONS.

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

     SEC. 3738. INADMISSIBILITY AND DEPORTABILITY OF DRUNK 
                   DRIVERS.

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

     SEC. 3739. DETENTION OF DANGEROUS ALIENS.

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

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

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

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

[[Page 9370]]

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

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

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

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

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

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

       ``(iii) No right to bond hearing.--An alien whose detention 
     is extended under this subparagraph shall have no right to 
     seek release on bond, including by reason of a certification 
     under clause (ii)(II).
       ``(C) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (B)(ii)(II) every 6 
     months, after providing an opportunity for the alien to 
     request reconsideration of the certification and to submit 
     documents or other evidence in support of that request. If 
     the Secretary does not renew a certification, the Secretary 
     may not continue to detain the alien under subparagraph 
     (B)(ii)(II).
       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in item (bb), 
     (cc), or (dd) of subparagraph (B)(ii)(II) below the level of 
     the Assistant Secretary for Immigration and Customs 
     Enforcement.
       ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General or the Attorney General's 
     designee provide for a hearing to make the determination 
     described in item (dd)(BB) of subparagraph (B)(ii)(II).
       ``(D) Release on conditions.--If it is determined that an 
     alien should be released from detention by a Federal court, 
     the Board of Immigration Appeals, or if an immigration judge 
     orders a stay of removal, the Secretary of Homeland Security, 
     in the exercise of the Secretary's discretion, may impose 
     conditions on release as provided in paragraph (3).
       ``(E) Redetention.--The Secretary of Homeland Security, in 
     the exercise of the Secretary's discretion, without any 
     limitations other than those specified in this section, may 
     again detain any alien subject to a final removal order who 
     is released from custody, if removal becomes likely in the 
     reasonably foreseeable future, the alien fails to comply with 
     the conditions of release, or to continue to satisfy the 
     conditions described in subparagraph (A), or if, upon 
     reconsideration, the Secretary, in the Secretary's sole 
     discretion, determines that the alien can be detained under 
     subparagraph (B). This section shall apply to any alien 
     returned to custody pursuant to this subparagraph, as if the 
     removal period terminated on the day of the redetention.
       ``(F) Review of determinations by secretary.--A 
     determination by the Secretary under this paragraph shall not 
     be subject to review by any other agency.''.
       (b) Detention of Aliens During Removal Proceedings.--
       (1) Clerical amendment.--(A) Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226) is amended by striking 
     ``Attorney General'' each place it appears (except in the 
     second place that term appears in section 236(a)) and 
     inserting ``Secretary of Homeland Security''.
       (B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is 
     amended by inserting ``the Secretary of Homeland Security 
     or'' before ``the Attorney General--''.
       (C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is 
     amended by striking ``Attorney General's'' and inserting 
     ``Secretary of Homeland Security's''.
       (2) Length of detention.--Section 236 of such Act (8 U.S.C. 
     1226) is amended by adding at the end the following:
       ``(f) Length of Detention.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, an alien may be detained under this section for 
     any period, without limitation, except as provided in 
     subsection (h), until the alien is subject to a final order 
     of removal.
       ``(2) Construction.--The length of detention under this 
     section shall not affect detention under section 241.''.
       (3) Detention of criminal aliens.--Section 236(c)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is 
     amended, in the matter following subparagraph (D) to read as 
     follows:
     ``any time after the alien is released, without regard to 
     whether an alien is released related to any activity, 
     offense, or conviction described in this paragraph; to 
     whether the alien is released on parole, supervised release, 
     or probation; or to whether the alien may be arrested or 
     imprisoned again for the same offense. If the activity 
     described in this paragraph does not result in the alien 
     being taken into custody by any person other than the 
     Secretary, then when the alien is brought to the attention of 
     the Secretary or when the Secretary determines it is 
     practical to take such alien into custody, the

[[Page 9371]]

     Secretary shall take such alien into custody.''.
       (4) Administrative review.--Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226), as amended by paragraph 
     (2), is further amended by adding at the end the following:
       ``(g) Administrative Review.--
       ``(1) In general.--The Attorney General's review of the 
     Secretary's custody determinations under subsection (a) for 
     the following classes of aliens shall be limited to whether 
     the alien may be detained, released on bond (of at least 
     $1,500 with security approved by the Secretary), or released 
     with no bond:
       ``(A) Aliens in exclusion proceedings.
       ``(B) Aliens described in section 212(a)(3) or 237(a)(4).
       ``(C) Aliens described in subsection (c).
       ``(2) Special rule.--The Attorney General's review of the 
     Secretary's custody determinations under subsection (a) for 
     aliens in deportation proceedings subject to section 
     242(a)(2) of the Act (as in effect prior to April 1, 1997, 
     and as amended by section 440(c) of Public Law 104-132) shall 
     be limited to a determination of whether the alien is 
     properly included in such category.
       ``(h) Release on Bond.--
       ``(1) In general.--An alien detained under subsection (a) 
     may seek release on bond. No bond may be granted except to an 
     alien who establishes by clear and convincing evidence that 
     the alien is not a flight risk or a risk to another person or 
     the community.
       ``(2) Certain aliens ineligible.--No alien detained under 
     subsection (c) may seek release on bond.''.
       (5) Clerical amendments.--(A) Section 236(a)(2)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is 
     amended by striking ``conditional parole'' and inserting 
     ``recognizance''.
       (B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is 
     amended by striking ``parole'' and inserting 
     ``recognizance''.
       (c) Severability.--If any of the provisions of this section 
     or any amendment by this section, or the application of any 
     such provision to any person or circumstance, is held to be 
     invalid for any reason, the remainder of this section and of 
     amendments made by this section, and the application of the 
     provisions and of the amendments made by this section to any 
     other person or circumstance shall not be affected by such 
     holding.
       (d) Effective Dates.--
       (1) The amendments made by subsection (a) shall take effect 
     upon the date of enactment of this Act, and section 241 of 
     the Immigration and Nationality Act, as so amended, shall in 
     addition apply to--
       (A) all aliens subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act; and
       (B) acts and conditions occurring or existing before, on, 
     or after such date.
       (2) The amendments made by subsection (b) shall take effect 
     upon the date of the enactment of this Act, and section 236 
     of the Immigration and Nationality Act, as so amended, shall 
     in addition apply to any alien in detention under provisions 
     of such section on or after such date.

     SEC. 3740. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR 
                   ALIEN GANG MEMBERS.

       (a) Definition of Gang Member.--Section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
     by adding at the end the following:
       ``(53)(A) The term `criminal gang' means an ongoing group, 
     club, organization, or association of 5 or more persons that 
     has as one of its primary purposes the commission of 1 or 
     more of the following criminal offenses and the members of 
     which engage, or have engaged within the past 5 years, in a 
     continuing series of such offenses, or that has been 
     designated as a criminal gang by the Secretary of Homeland 
     Security, in consultation with the Attorney General, as 
     meeting these criteria. The offenses described, whether in 
     violation of Federal or State law or foreign law and 
     regardless of whether the offenses occurred before, on, or 
     after the date of the enactment of this paragraph, are the 
     following:
       ``(i) A `felony drug offense' (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802)).
       ``(ii) An offense under section 274 (relating to bringing 
     in and harboring certain aliens), section 277 (relating to 
     aiding or assisting certain aliens to enter the United 
     States), or section 278 (relating to importation of alien for 
     immoral purpose).
       ``(iii) A crime of violence (as defined in section 16 of 
     title 18, United States Code).
       ``(iv) A crime involving obstruction of justice, tampering 
     with or retaliating against a witness, victim, or informant, 
     or burglary.
       ``(v) Any conduct punishable under sections 1028 and 1029 
     of title 18, United States Code (relating to fraud and 
     related activity in connection with identification documents 
     or access devices), sections 1581 through 1594 of such title 
     (relating to peonage, slavery and trafficking in persons), 
     section 1952 of such title (relating to interstate and 
     foreign travel or transportation in aid of racketeering 
     enterprises), section 1956 of such title (relating to the 
     laundering of monetary instruments), section 1957 of such 
     title (relating to engaging in monetary transactions in 
     property derived from specified unlawful activity), or 
     sections 2312 through 2315 of such title (relating to 
     interstate transportation of stolen motor vehicles or stolen 
     property).
       ``(vi) A conspiracy to commit an offense described in 
     clauses (i) through (v).
       ``(B) Notwithstanding any other provision of law (including 
     any effective date), the term applies regardless of whether 
     the conduct occurred before, on, or after the date of the 
     enactment of this paragraph.''.
       (b) Inadmissibility.--Section 212(a)(2) of such Act (8 
     U.S.C. 1182(a)(2)), as amended by section 302(a)(2) of this 
     Act, is further amended by adding at the end the following:
       ``(N) Aliens associated with criminal gangs.--Any alien is 
     inadmissible who a consular officer, the Secretary of 
     Homeland Security, or the Attorney General knows or has 
     reason to believe--
       ``(i) to be or to have been a member of a criminal gang (as 
     defined in section 101(a)(53)); or
       ``(ii) to have participated in the activities of a criminal 
     gang (as defined in section 101(a)(53)), knowing or having 
     reason to know that such activities will promote, further, 
     aid, or support the illegal activity of the criminal gang.''.
       (c) Deportability.--Section 237(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(2)), as amended by 
     section 302(c) of this Act, is further amended by adding at 
     the end the following:
       ``(H) Aliens associated with criminal gangs.--Any alien is 
     deportable who the Secretary of Homeland Security or the 
     Attorney General knows or has reason to believe--
       ``(i) is or has been a member of a criminal gang (as 
     defined in section 101(a)(53)); or
       ``(ii) has participated in the activities of a criminal 
     gang (as so defined), knowing or having reason to know that 
     such activities will promote, further, aid, or support the 
     illegal activity of the criminal gang.''.
       (d) Designation.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1182) is amended by inserting 
     after section 219 the following:


                             ``designation

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

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

[[Page 9372]]

       (3) in subsection (d)----
       (A) by striking paragraph (3); and
       (B) in paragraph (4), by adding at the end the following: 
     ``The Secretary of Homeland Security may detain an alien 
     provided temporary protected status under this section 
     whenever appropriate under any other provision of law.''.
       (h) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur before, on, or after the 
     date of the enactment of this Act.

     SEC. 3741. LAUNDERING OF MONETARY INSTRUMENTS.

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

     SEC. 3742. INCREASED CRIMINAL PENALTIES RELATING TO ALIEN 
                   SMUGGLING AND RELATED OFFENSES.

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

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

       ``(a) Criminal Offenses and Penalties.--
       ``(1) Prohibited activities.--Except as provided in 
     paragraph (3), a person shall be punished as provided under 
     paragraph (2), if the person--
       ``(A) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to come to, enter, or cross the border to the United States;
       ``(B) facilitates, encourages, directs, or induces a person 
     to come to or enter the United States, or to cross the border 
     to the United States, at a place other than a designated port 
     of entry or place other than as designated by the Secretary 
     of Homeland Security, knowing or in reckless disregard of the 
     fact that such person is an alien and regardless of whether 
     such alien has official permission or lawful authority to be 
     in the United States;
       ``(C) transports, moves, harbors, conceals, or shields from 
     detection a person outside of the United States knowing or in 
     reckless disregard of the fact that such person is an alien 
     in unlawful transit from one country to another or on the 
     high seas, under circumstances in which the alien is seeking 
     to enter the United States without official permission or 
     lawful authority;
       ``(D) encourages or induces a person to reside in the 
     United States, knowing or in reckless disregard of the fact 
     that such person is an alien who lacks lawful authority to 
     reside in the United States;
       ``(E) transports or moves a person in the United States, 
     knowing or in reckless disregard of the fact that such person 
     is an alien who lacks lawful authority to enter or be in the 
     United States, if the transportation or movement will further 
     the alien's illegal entry into or illegal presence in the 
     United States;
       ``(F) harbors, conceals, or shields from detection a person 
     in the United States, knowing or in reckless disregard of the 
     fact that such person is an alien who lacks lawful authority 
     to be in the United States; or
       ``(G) conspires or attempts to commit any of the acts 
     described in subparagraphs (A) through (F).
       ``(2) Criminal penalties.--A person who violates any 
     provision under paragraph (1) shall, for each alien in 
     respect to whom a violation of paragraph (1) occurs--
       ``(A) except as provided in subparagraphs (C) through (G), 
     if the violation was not committed for commercial advantage, 
     profit, or private financial gain, be fined under title 18, 
     United States Code, imprisoned for not more than 5 years, or 
     both;
       ``(B) except as provided in subparagraphs (C) through (G), 
     if the violation was committed for commercial advantage, 
     profit, or private financial gain--
       ``(i) be fined under such title, imprisoned for not more 
     than 20 years, or both, if the violation is the offender's 
     first violation under this subparagraph; or
       ``(ii) be fined under such title, imprisoned for not more 
     than 25 years, or both, if the violation is the offender's 
     second or subsequent violation of this subparagraph;
       ``(C) if the violation furthered or aided the commission of 
     any other offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, be fined 
     under such title, imprisoned for not more than 20 years, or 
     both;
       ``(D) be fined under such title, imprisoned not more than 
     20 years, or both, if the violation created a substantial and 
     foreseeable risk of death, a substantial and foreseeable risk 
     of serious bodily injury (as defined in section 2119(2) of 
     title 18, United States Code), or inhumane conditions to 
     another person, including--
       ``(i) transporting the person in an engine compartment, 
     storage compartment, or other confined space;
       ``(ii) transporting the person at an excessive speed or in 
     excess of the rated capacity of the means of transportation; 
     or
       ``(iii) transporting the person in, harboring the person 
     in, or otherwise subjecting the person to crowded or 
     dangerous conditions;
       ``(E) if the violation caused serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code) 
     to any person, be fined under such title, imprisoned for not 
     more than 30 years, or both;
       ``(F) be fined under such title and imprisoned for not more 
     than 30 years if the violation involved an alien who the 
     offender knew or had reason to believe was--
       ``(i) engaged in terrorist activity (as defined in section 
     212(a)(3)(B)); or
       ``(ii) intending to engage in terrorist activity;
       ``(G) if the violation caused or resulted in the death of 
     any person, be punished by death or imprisoned for a term of 
     years up to life, and fined under title 18, United States 
     Code.
       ``(3) Limitation.--It is not a violation of subparagraph 
     (D), (E), or (F) of paragraph (1) for a religious 
     denomination having a bona fide nonprofit, religious 
     organization in the United States, or the agents or officers 
     of such denomination or organization, to encourage, invite, 
     call, allow, or enable an alien who is present in the United 
     States to perform the vocation of a minister or missionary 
     for the denomination or organization in the United States as 
     a volunteer who is not compensated as an employee, 
     notwithstanding the provision of room, board, travel, medical 
     assistance, and other basic living expenses, provided the 
     minister or missionary has been a member of the denomination 
     for at least 1 year.
       ``(4) Extraterritorial jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this subsection.
       ``(b) Seizure and Forfeiture.--
       ``(1) In general.--Any real or personal property used to 
     commit or facilitate the commission of a violation of this 
     section, the gross proceeds of such violation, and any 
     property traceable to such property or proceeds, shall be 
     subject to forfeiture.
       ``(2) Applicable procedures.--Seizures and forfeitures 
     under this subsection shall be governed by the provisions of 
     chapter 46 of title 18, United States Code, relating to civil 
     forfeitures, except that such duties as are imposed upon the 
     Secretary of the Treasury under the customs laws described in 
     section 981(d) shall be performed by such officers, agents, 
     and other persons as may be designated for that purpose by 
     the Secretary of Homeland Security.
       ``(3) Prima facie evidence in determinations of 
     violations.--In determining whether a violation of subsection 
     (a) has occurred, prima facie evidence that an alien involved 
     in the alleged violation lacks lawful authority to come to, 
     enter, reside in, remain in, or be in the United States or 
     that such alien had come to, entered, resided in, remained 
     in, or been present in the United States in violation of law 
     may include:
       ``(A) any order, finding, or determination concerning the 
     alien's status or lack of status made by a Federal judge or 
     administrative adjudicator (including an immigration judge or 
     immigration officer) during any judicial or administrative 
     proceeding authorized under Federal immigration law;
       ``(B) official records of the Department of Homeland 
     Security, the Department of Justice, or the Department of 
     State concerning the alien's status or lack of status; and
       ``(C) testimony by an immigration officer having personal 
     knowledge of the facts concerning the alien's status or lack 
     of status.
       ``(c) Authority to Arrest.--No officer or person shall have 
     authority to make any arrests for a violation of any 
     provision of this section except:
       ``(1) officers and employees designated by the Secretary of 
     Homeland Security, either individually or as a member of a 
     class; and

[[Page 9373]]

       ``(2) other officers responsible for the enforcement of 
     Federal criminal laws.
       ``(d) Admissibility of Videotaped Witness Testimony.--
     Notwithstanding any provision of the Federal Rules of 
     Evidence, the videotaped or otherwise audiovisually preserved 
     deposition of a witness to a violation of subsection (a) who 
     has been deported or otherwise expelled from the United 
     States, or is otherwise unavailable to testify, may be 
     admitted into evidence in an action brought for that 
     violation if:
       ``(1) the witness was available for cross examination at 
     the deposition by the party, if any, opposing admission of 
     the testimony; and
       ``(2) the deposition otherwise complies with the Federal 
     Rules of Evidence.
       ``(e) Definitions.--In this section:
       ``(1) Cross the border to the united states.--The term 
     `cross the border' refers to the physical act of crossing the 
     border, regardless of whether the alien is free from official 
     restraint.
       ``(2) Lawful authority.--The term `lawful authority' means 
     permission, authorization, or license that is expressly 
     provided for in the immigration laws of the United States or 
     accompanying regulations. The term does not include any such 
     authority secured by fraud or otherwise obtained in violation 
     of law or authority sought, but not approved. No alien shall 
     be deemed to have lawful authority to come to, enter, reside 
     in, remain in, or be in the United States if such coming to, 
     entry, residence, remaining, or presence was, is, or would be 
     in violation of law.
       ``(3) Proceeds.--The term `proceeds' includes any property 
     or interest in property obtained or retained as a consequence 
     of an act or omission in violation of this section.
       ``(4) Unlawful transit.--The term `unlawful transit' means 
     travel, movement, or temporary presence that violates the 
     laws of any country in which the alien is present or any 
     country from which or to which the alien is traveling or 
     moving.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act is amended by striking the 
     item relating to section 274 and inserting the following:

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

     SEC. 3743. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

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


                            ``illegal entry

       ``Sec. 275.  (a) In General.--
       ``(1) Illegal entry or presence.--An alien shall be subject 
     to the penalties set forth in paragraph (2) if the alien--
       ``(A) knowingly enters or crosses the border into the 
     United States at any time or place other than as designated 
     by the Secretary of Homeland Security;
       ``(B) knowingly eludes, at any time or place, examination 
     or inspection by an authorized immigration, customs, or 
     agriculture officer (including by failing to stop at the 
     command of such officer);
       ``(C) knowingly enters or crosses the border to the United 
     States and, upon examination or inspection, knowingly makes a 
     false or misleading representation or the knowing concealment 
     of a material fact (including such representation or 
     concealment in the context of arrival, reporting, entry, or 
     clearance requirements of the customs laws, immigration laws, 
     agriculture laws, or shipping laws);
       ``(D) knowingly violates the terms or conditions of the 
     alien's admission or parole into the United States; or
       ``(E) knowingly is unlawfully present in the United States 
     (as defined in section 212(a)(9)(B)(ii) subject to the 
     exceptions set forth in section 212(a)(9)(B)(iii)).
       ``(2) Criminal penalties.--Any alien who violates any 
     provision under paragraph (1):
       ``(A) shall, for the first violation, be fined under title 
     18, United States Code, imprisoned not more than 6 months, or 
     both;
       ``(B) shall, for a second or subsequent violation, or 
     following an order of voluntary departure, be fined under 
     such title, imprisoned not more than 2 years, or both;
       ``(C) if the violation occurred after the alien had been 
     convicted of 3 or more misdemeanors or for a felony, shall be 
     fined under such title, imprisoned not more than 10 years, or 
     both;
       ``(D) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 30 months, shall be fined under 
     such title, imprisoned not more than 15 years, or both; and
       ``(E) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 60 months, such alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both.
       ``(3) Prior convictions.--The prior convictions described 
     in subparagraphs (C) through (E) of paragraph (2) are 
     elements of the offenses described and the penalties in such 
     subparagraphs shall apply only in cases in which the 
     conviction or convictions that form the basis for the 
     additional penalty are--
       ``(A) alleged in the indictment or information; and
       ``(B) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(4) Duration of offense.--An offense under this 
     subsection continues until the alien is discovered within the 
     United States by an immigration, customs, or agriculture 
     officer.
       ``(5) Attempt.--Whoever attempts to commit any offense 
     under this section shall be punished in the same manner as 
     for a completion of such offense.
       ``(b) Improper Time or Place; Civil Penalties.--
       ``(1) In general.--Any alien who is apprehended while 
     entering, attempting to enter, or knowingly crossing or 
     attempting to cross the border to the United States at a time 
     or place other than as designated by immigration officers 
     shall be subject to a civil penalty, in addition to any 
     criminal or other civil penalties that may be imposed under 
     any other provision of law, in an amount equal to--
       ``(A) not less than $50 or more than $250 for each such 
     entry, crossing, attempted entry, or attempted crossing; or
       ``(B) twice the amount specified in paragraph (1) if the 
     alien had previously been subject to a civil penalty under 
     this subsection.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act is amended by striking the 
     item relating to section 275 and inserting the following:

``275. Illegal entry.''.

     SEC. 3744. ILLEGAL REENTRY.

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


                       ``reentry of removed alien

       ``Sec. 276.  (a) Reentry After Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed, or who 
     has departed the United States while an order of exclusion, 
     deportation, or removal is outstanding, and subsequently 
     enters, attempts to enter, crosses the border to, attempts to 
     cross the border to, or is at any time found in the United 
     States, shall be fined under title 18, United States Code, 
     imprisoned not more than 2 years, or both.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection was convicted before such removal or 
     departure:
       ``(1) for 3 or more misdemeanors or for a felony, the alien 
     shall be fined under title 18, United States Code, imprisoned 
     not more than 10 years, or both;
       ``(2) for a felony for which the alien was sentenced to a 
     term of imprisonment of not less than 30 months, the alien 
     shall be fined under such title, imprisoned not more than 15 
     years, or both;
       ``(3) for a felony for which the alien was sentenced to a 
     term of imprisonment of not less than 60 months, the alien 
     shall be fined under such title, imprisoned not more than 20 
     years, or both;
       ``(4) for murder, rape, kidnapping, or a felony offense 
     described in chapter 77 (relating to peonage and slavery) or 
     113B (relating to terrorism) of such title, or for 3 or more 
     felonies of any kind, the alien shall be fined under such 
     title, imprisoned not more than 25 years, or both.
       ``(c) Reentry After Repeated Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed 3 or 
     more times and thereafter enters, attempts to enter, crosses 
     the border to, attempts to cross the border to, or is at any 
     time found in the United States, shall be fined under title 
     18, United States Code, imprisoned not more than 10 years, or 
     both.
       ``(d) Proof of Prior Convictions.--The prior convictions 
     described in subsection (b) are elements of the crimes 
     described, and the penalties in that subsection shall apply 
     only in cases in which the conviction or convictions that 
     form the basis for the additional penalty are--
       ``(1) alleged in the indictment or information; and
       ``(2) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(e) Affirmative Defenses.--It shall be an affirmative 
     defense to a violation of this section that--
       ``(1) prior to the alleged violation, the alien had sought 
     and received the express consent of the Secretary of Homeland 
     Security to reapply for admission into the United States; or

[[Page 9374]]

       ``(2) with respect to an alien previously denied admission 
     and removed, the alien--
       ``(A) was not required to obtain such advance consent under 
     the Immigration and Nationality Act or any prior Act; and
       ``(B) had complied with all other laws and regulations 
     governing the alien's admission into the United States.
       ``(f) Limitation on Collateral Attack on Underlying Removal 
     Order.--In a criminal proceeding under this section, an alien 
     may not challenge the validity of any prior removal order 
     concerning the alien.
       ``(g) Reentry of Alien Removed Prior to Completion of Term 
     of Imprisonment.--Any alien removed pursuant to section 
     241(a)(4) who enters, attempts to enter, crosses the border 
     to, attempts to cross the border to, or is at any time found 
     in, the United States shall be incarcerated for the remainder 
     of the sentence of imprisonment which was pending at the time 
     of deportation without any reduction for parole or supervised 
     release unless the alien affirmatively demonstrates that the 
     Secretary of Homeland Security has expressly consented to the 
     alien's reentry. Such alien shall be subject to such other 
     penalties relating to the reentry of removed aliens as may be 
     available under this section or any other provision of law.
       ``(h) Definitions.--For purposes of this section and 
     section 275, the following definitions shall apply:
       ``(1) Crosses the border to the united states.--The term 
     `crosses the border' refers to the physical act of crossing 
     the border, regardless of whether the alien is free from 
     official restraint.
       ``(2) Felony.--The term `felony' means any criminal offense 
     punishable by a term of imprisonment of more than 1 year 
     under the laws of the United States, any State, or a foreign 
     government.
       ``(3) Misdemeanor.--The term `misdemeanor' means any 
     criminal offense punishable by a term of imprisonment of not 
     more than 1 year under the applicable laws of the United 
     States, any State, or a foreign government.
       ``(4) Removal.--The term `removal' includes any denial of 
     admission, exclusion, deportation, or removal, or any 
     agreement by which an alien stipulates or agrees to 
     exclusion, deportation, or removal.
       ``(5) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.

     SEC. 3745. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD 
                   OFFENSES.

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

                   ``CHAPTER 75--PASSPORTS AND VISAS

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

     ``Sec. 1541. Issuance without authority

       ``(a) In General.--Whoever--
       ``(1) acting or claiming to act in any office or capacity 
     under the United States, or a State, without lawful authority 
     grants, issues, or verifies any passport or other instrument 
     in the nature of a passport to or for any person; or
       ``(2) being a consular officer authorized to grant, issue, 
     or verify passports, knowingly grants, issues, or verifies 
     any such passport to or for any person not owing allegiance, 
     to the United States, whether a citizen or not;
     shall be fined under this title or imprisoned not more than 
     15 years, or both.
       ``(b) Definition.--In this section, the term `State' means 
     a State of the United States, the District of Columbia, and 
     any commonwealth, territory, or possession of the United 
     States.

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

       ``Whoever knowingly--
       ``(1) makes any false statement in an application for 
     passport with intent to induce or secure the issuance of a 
     passport under the authority of the United States, either for 
     his own use or the use of another, contrary to the laws 
     regulating the issuance of passports or the rules prescribed 
     pursuant to such laws; or
       ``(2) uses or attempts to use, or furnishes to another for 
     use any passport the issue of which was secured in any way by 
     reason of any false statement;

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

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

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

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

     ``Sec. 1544. Misuse of a passport

       ``Whoever knowingly--
       ``(1) uses any passport issued or designed for the use of 
     another;
       ``(2) uses any passport in violation of the conditions or 
     restrictions therein contained, or in violation of the laws, 
     regulations, or rules governing the issuance and use of the 
     passport;
       ``(3) secures, possesses, uses, receives, buys, sells, or 
     distributes any passport knowing it to be forged, 
     counterfeited, altered, falsely made, procured by fraud, 
     stolen, or produced or issued without lawful authority; or
       ``(4) violates the terms and conditions of any safe conduct 
     duly obtained and issued under the authority of the United 
     States;
     shall be fined under this title, imprisoned not more than 15 
     years, or both.

     ``Sec. 1545. Schemes to defraud aliens

       ``Whoever inside the United States, or in or affecting 
     interstate or foreign commerce, in connection with any matter 
     that is authorized by or arises under the immigration laws of 
     the United States or any matter the offender claims or 
     represents is authorized by or arises under the immigration 
     laws of the United States, knowingly executes a scheme or 
     artifice--
       ``(1) to defraud any person, or
       ``(2) to obtain or receive money or anything else of value 
     from any person by means of false or fraudulent pretenses, 
     representations, or promises;

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

     ``Sec. 1546. Immigration and visa fraud

       ``Whoever knowingly--
       ``(1) uses any immigration document issued or designed for 
     the use of another;
       ``(2) forges, counterfeits, alters, or falsely makes any 
     immigration document;
       ``(3) mails, prepares, presents, or signs any immigration 
     document knowing it to contain any materially false statement 
     or representation;
       ``(4) secures, possesses, uses, transfers, receives, buys, 
     sells, or distributes any immigration document knowing it to 
     be forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority;
       ``(5) adopts or uses a false or fictitious name to evade or 
     to attempt to evade the immigration laws;
       ``(6) transfers or furnishes, without lawful authority, an 
     immigration document to another person for use by a person 
     other than the person for whom the immigration document was 
     issued or designed; or
       ``(7) produces, issues, authorizes, or verifies, without 
     lawful authority, an immigration document;

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

     ``Sec. 1547. Attempts and conspiracies

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

     ``Sec. 1548. Alternative penalties for certain offenses

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

     ``Sec. 1549. Definitions

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

     SEC. 3746. FORFEITURE.

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

     SEC. 3747. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON 
                   CRIMINAL OR SECURITY GROUNDS.

       (a) In General.--Section 238(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1228(b)) is amended-
       (1) in paragraph (1)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security in the exercise of 
     discretion''; and
       (B) by striking ``set forth in this subsection or'' and 
     inserting ``set forth in this subsection, in lieu of removal 
     proceedings under'';

[[Page 9375]]

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

     SEC. 3748. INCREASED PENALTIES BARRING THE ADMISSION OF 
                   CONVICTED SEX OFFENDERS FAILING TO REGISTER AND 
                   REQUIRING DEPORTATION OF SEX OFFENDERS FAILING 
                   TO REGISTER.

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

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

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

     SEC. 3749. PROTECTING IMMIGRANTS FROM CONVICTED SEX 
                   OFFENDERS.

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

     SEC. 3750. CLARIFICATION TO CRIMES OF VIOLENCE AND CRIMES 
                   INVOLVING MORAL TURPITUDE.

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

     SEC. 3751. PENALTIES FOR FAILURE TO OBEY REMOVAL ORDERS.

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

     SEC. 3752. PARDONS.

       (a) Definition.--Section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)), as amended by section 
     311(a) of this Act, is further amended by adding at the end 
     the following:
       ``(54) The term `pardon' means a full and unconditional 
     pardon granted by the President of the United States, 
     Governor of any of the several States or constitutionally 
     recognized body.''.
       (b) Deportability.--Section 237(a) of such Act (8 U.S.C. 
     1227(a)) is amended--
       (1) in paragraph (2)(A), by striking clause (vi); and
       (2) by adding at the end the following:
       ``(8) Pardons.--
       ``(A) In general.--In the case of an alien who has been 
     convicted of a crime and is subject to removal due to that 
     conviction, if the alien, subsequent to receiving the 
     criminal conviction, is granted a pardon, the alien shall not 
     be deportable by reason of that criminal conviction.
       ``(B) Exception.--Subparagraph (A) shall not apply in the 
     case of an alien granted a pardon if the pardon is granted in 
     whole or in part to eliminate that alien's condition of 
     deportability.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to a pardon granted before, on, or after such 
     date.

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

     SEC. 3761. ICE IMMIGRATION ENFORCEMENT AGENTS.

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

[[Page 9376]]

       (b) Pay.--Immigration enforcement agents shall be paid on 
     the same scale as Immigration and Customs Enforcement 
     deportation officers and shall receive the same benefits.

     SEC. 3762. ICE DETENTION ENFORCEMENT OFFICERS.

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

     SEC. 3763. ENSURING THE SAFETY OF ICE OFFICERS AND AGENTS.

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

     SEC. 3764. ICE ADVISORY COUNCIL.

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

     SEC. 3765. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.

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

     SEC. 3766. ADDITIONAL ICE DEPORTATION OFFICERS AND SUPPORT 
                   STAFF.

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

     SEC. 3767. ADDITIONAL ICE PROSECUTORS.

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

            CHAPTER 5--MISCELLANEOUS ENFORCEMENT PROVISIONS

     SEC. 3771. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

       (a) In General.--Section 240B of the Immigration and 
     Nationality Act (8 U.S.C. 1229c) is amended--
       (1) in subsection (a)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Instead of removal proceedings.--If an alien is not 
     described in paragraph (2)(A)(iii) or (4) of section 237(a), 
     the Secretary of Homeland Security may permit the alien to 
     voluntarily depart the United States at the alien's own 
     expense under this subsection instead of being subject to 
     proceedings under section 240.'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraph (2) as paragraph (3);
       (D) by adding after paragraph (1) the following:
       ``(2) Before the conclusion of removal proceedings.--If an 
     alien is not described in paragraph (2)(A)(iii) or (4) of 
     section 237(a), the Attorney General may permit the alien to 
     voluntarily depart the United States at the alien's own 
     expense under this subsection after the initiation of removal 
     proceedings under section 240 and before the conclusion of 
     such proceedings before an immigration judge.'';
       (E) in paragraph (3), as redesignated--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) Instead of removal.--Subject to subparagraph (C), 
     permission to voluntarily depart under paragraph (1) shall 
     not be valid for any period in excess of 120 days. The 
     Secretary may require an alien permitted to voluntarily 
     depart under paragraph (1) to post a voluntary departure 
     bond, to be surrendered upon proof that the alien has 
     departed the United States within the time specified.'';
       (ii) by redesignating subparagraphs (B), (C), and (D) as 
     paragraphs (C), (D), and (E), respectively;
       (iii) by adding after subparagraph (A) the following:

[[Page 9377]]

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

     SEC. 3772. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN 
                   THE UNITED STATES UNLAWFULLY.

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

[[Page 9378]]

       ``(B) makes a sufficient showing to the satisfaction of the 
     Attorney General that the alien is otherwise eligible for 
     such protection.''.
       (c) Effective Dates.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     with respect to aliens who are subject to a final order of 
     removal entered before, on, or after such date.

     SEC. 3773. REINSTATEMENT OF REMOVAL ORDERS.

       (a) In General.--Section 241(a)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as 
     follows:
       ``(5) Reinstatement of removal orders against aliens 
     illegally reentering.--If the Secretary of Homeland Security 
     finds that an alien has entered the United States illegally 
     after having been removed, deported, or excluded or having 
     departed voluntarily, under an order of removal, deportation, 
     or exclusion, regardless of the date of the original order or 
     the date of the illegal entry--
       ``(A) the order of removal, deportation, or exclusion is 
     reinstated from its original date and is not subject to being 
     reopened or reviewed notwithstanding section 242(a)(2)(D);
       ``(B) the alien is not eligible and may not apply for any 
     relief under this Act, regardless of the date that an 
     application or request for such relief may have been filed or 
     made; and
       ``(C) the alien shall be removed under the order of 
     removal, deportation, or exclusion at any time after the 
     illegal entry.

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

     SEC. 3774. CLARIFICATION WITH RESPECT TO DEFINITION OF 
                   ADMISSION.

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

     SEC. 3775. REPORTS TO CONGRESS ON THE EXERCISE AND ABUSE OF 
                   PROSECUTORIAL DISCRETION.

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

       On page 1748, strike lines 5 and 21.

       At the end of section 4412, insert the following:
       (b) Authority of the Secretary of Homeland Security and the 
     Secretary of State.--
       (1) In general.--Section 428 of the Homeland Security Act 
     of 2002 (6 U.S.C. 236) is amended by striking subsections (b) 
     and (c) and inserting the following:
       ``(b) Authority of the Secretary of Homeland Security.--
       ``(1) In general.--Notwithstanding section 104(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1104(a)) or any 
     other provision of law, and except as provided in subsection 
     (c) and except for the authority of the Secretary of State 
     under subparagraphs (A) and (G) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the 
     Secretary--
       ``(A) shall have exclusive authority to issue regulations, 
     establish policy, and administer and enforce the provisions 
     of the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.) and all other immigration or nationality laws relating 
     to the functions of consular officers of the United States in 
     connection with the granting and refusal of a visa; and
       ``(B) may refuse or revoke any visa to any alien or class 
     of aliens if the Secretary, or designee, determines that such 
     refusal or revocation is necessary or advisable in the 
     security interests of the United States.
       ``(2) Effect of revocation.--The revocation of any visa 
     under paragraph (1)(B)--
       ``(A) shall take effect immediately; and
       ``(B) shall automatically cancel any other valid visa that 
     is in the alien's possession.
       ``(3) Judicial review.--Notwithstanding any other provision 
     of law, including section 2241 of title 28, United States 
     Code, or any other habeas corpus provision, and sections 1361 
     and 1651 of such title, no court shall have jurisdiction to 
     review a decision by the Secretary of Homeland Security to 
     refuse or revoke a visa, and no court shall have jurisdiction 
     to hear any claim arising from, or any challenge to, such a 
     refusal or revocation.
       ``(c) Authority of the Secretary of State.--
       ``(1) In general.--The Secretary of State may direct a 
     consular officer to refuse a visa requested by an alien if 
     the Secretary of State determines such refusal to be 
     necessary or advisable in the interests of the United States.
       ``(2) Limitation.--No decision by the Secretary of State to 
     approve a visa may override a decision by the Secretary of 
     Homeland Security under subsection (b).''.
       (2) Conforming amendment.--Section 237(a)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is 
     amended by striking ``under section 221(i)''.
       (3) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to visa refusals and revocations occurring 
     before, on, or after such date.
       (c) Technical Corrections to the Homeland Security Act.--
     Section 428(a) of the Homeland Security Act of 2002 (6 U.S.C. 
     236) is amended by--
       (1) striking ``subsection'' and inserting ``section''; and
       (2) striking ``consular office'' and inserting ``consular 
     officer''.

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

     SEC. 4416. CANCELLATION OF ADDITIONAL VISAS.

       (a) In General.--Section 222(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(g)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (B) by inserting ``and any other nonimmigrant visa issued 
     by the United States that is in the possession of the alien'' 
     after ``such visa''; and

[[Page 9379]]

       (2) in paragraph (2)(A), by striking ``(other than the visa 
     described in paragraph (1)) issued in a consular office 
     located in the country of the alien's nationality'' and 
     inserting ``(other than a visa described in paragraph (1)) 
     issued in a consular office located in the country of the 
     alien's nationality or foreign residence''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to a visa issued before, on, or after such 
     date.

     SEC. 4417. VISA INFORMATION SHARING.

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

     SEC. 4418. AUTHORIZING THE DEPARTMENT OF STATE TO NOT 
                   INTERVIEW CERTAIN INELIGIBLE VISA APPLICANTS.

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

     SEC. 4419. FUNDING FOR THE VISA SECURITY PROGRAM.

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

     SEC. 4420. EXPEDITIOUS EXPANSION OF VISA SECURITY PROGRAM TO 
                   HIGH-RISK POSTS.

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

     SEC. 4421. EXPEDITED CLEARANCE AND PLACEMENT OF DEPARTMENT OF 
                   HOMELAND SECURITY PERSONNEL AT OVERSEAS 
                   EMBASSIES AND CONSULAR POSTS.

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

     SEC. 4422. INCREASED CRIMINAL PENALTIES FOR STUDENT VISA 
                   INTEGRITY.

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

     SEC. 4423. VISA FRAUD.

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

     SEC. 4424. BACKGROUND CHECKS.

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

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

       ``(ii) the individual has successfully completed an on-line 
     training course on SEVP and SEVIS, which has been developed 
     by the Secretary.

[[Page 9380]]

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

     SEC. 4425. FLIGHT SCHOOLS NOT CERTIFIED BY FAA.

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

     SEC. 4426. REVOCATION OF ACCREDITATION.

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

     SEC. 4427. REPORT ON RISK ASSESSMENT.

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

     SEC. 4428. IMPLEMENTATION OF GAO RECOMMENDATIONS.

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

     SEC. 4429. IMPLEMENTATION OF SEVIS II.

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

     SEC. 4430. DEFINITIONS.

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

       Strike section 4904 and insert the following:

     SEC. 4904. ACCREDITATION REQUIREMENTS.

       (a) Colleges, Universities, and Language Training 
     Programs.--Section 101(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)) is amended--
       (1) in paragraph (15)(F)(i)--
       (A) by striking ``section 214(1) at an established college, 
     university, seminary, conservatory or in an accredited 
     language training program in the United States'' and 
     inserting ``section 214(m) at an accredited college, 
     university, or language training program, or at an 
     established seminary, conservatory, academic high school, 
     elementary school, or other academic institution in the 
     United States''; and
       (B) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (C) by amending paragraph (52) to read as follows:
       ``(52) Except as provided in section 214(m)(4), the term 
     `accredited college, university, or language training 
     program' means a college, university, or language training 
     program that is accredited by an accrediting agency 
     recognized by the Secretary of Education.''.
       (b) Other Academic Institutions.--Section 214(m) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended 
     by adding at the end the following:
       ``(3) The Secretary of Homeland Security shall require 
     accreditation of an academic institution (except for 
     seminaries or other religious institutions) for purposes of 
     section 101(a)(15)(F) if--
       ``(A) that institution is not already required to be 
     accredited under section 101(a)(15)(F)(i); and
       ``(B) an appropriate accrediting agency recognized by the 
     Secretary of Education is able to provide such accreditation.
       ``(4) The Secretary of Homeland Security, in the 
     Secretary's discretion, may waive the accreditation 
     requirement in paragraph (3) or section 101(a)(15)(F)(i) with 
     respect to an institution if such institution--
       ``(A) is otherwise in compliance with the requirements of 
     section 101(a)(15)(F)(i); and
       ``(B) has been a candidate for accreditation for at least 1 
     year and continues to progress toward accreditation by an 
     accrediting agency recognized by the Secretary of 
     Education.''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall--
       (A) take effect on the date that is 180 days after the date 
     of enactment of this Act; and
       (B) apply with respect to applications for nonimmigrant 
     visas that are filed on or after the effective date described 
     in subparagraph (A).
       (2) Temporary exception.--During the 3-year period 
     beginning on the effective date described in paragraph 
     (1)(A), an institution that is newly required to be 
     accredited under this section may continue to participate in 
     the Student and Exchange Visitor Program notwithstanding the 
     institution's lack of accreditation if the institution--
       (A) was certified under the Student and Exchange Visitor 
     Program on such date;
       (B) submitted an application for accreditation to an 
     accrediting agency recognized by the Secretary of Education 
     during the 6-month period ending on such date; and
       (C) continues to progress toward accreditation by such 
     accrediting agency.

       Strike section 4907 and insert the following:

     SEC. 4907. VISA FRAUD.

       (a) Temporary Suspension of SEVIS Access.--Section 641(d) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended--
       (1) in paragraph (1)(A), by striking ``institution,,'' and 
     inserting ``institution,''; and
       (2) by adding at the end the following:
       ``(3) Effect of reasonable suspicion of fraud.--If the 
     Secretary of Homeland Security has reasonable suspicion that 
     an owner of, or a designated school official at, an approved 
     institution of higher education, an other approved 
     educational institution, or a designated exchange visitor 
     program has committed fraud or attempted to commit fraud 
     relating to any aspect of the Student and Exchange Visitor 
     Program, the Secretary may immediately suspend, without 
     notice, such official's or such school's access to the 
     Student and Exchange Visitor Information System (SEVIS), 
     including the ability to issue Form I-20s, pending a final 
     determination by the Secretary with respect to the 
     institution's certification under the Student and Exchange 
     Visitor Program.''.
       (b) Effect of Conviction for Visa Fraud.--Such section 
     641(d), as amended by

[[Page 9381]]

     subsection (a)(2), is further amended by adding at the end 
     the following:
       ``(4) Permanent disqualification for fraud.--A designated 
     school official at, or an owner of, an approved institution 
     of higher education, an other approved educational 
     institution, or a designated exchange visitor program who is 
     convicted for fraud relating to any aspect of the Student and 
     Exchange Visitor Program shall be permanently disqualified 
     from filing future petitions and from having an ownership 
     interest or a management role, including serving as a 
     principal, owner, officer, board member, general partner, 
     designated school official, or any other position of 
     substantive authority for the operations or management of the 
     institution, in any United States educational institution 
     that enrolls nonimmigrant alien students described in 
     subparagraph (F) or (M) of section 101(a)(15) the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)).''.
                                 ______
                                 
  SA 1335. Mr. HARKIN (for himself and Ms. Mikulski) 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 1788, between lines 19 and 20, insert the 
     following:

     SEC. 4602A. CLARIFICATION OF AUTHORITY.

       (a) Amendments.--
       (1) Consultation authority.--Section 214(c)(1) (8 U.S.C. 
     1184(c)(1)), as amended by sections 2233(b)(3)(A) and 4102, 
     is further amended by adding at the end the following: ``For 
     purposes of this subsection with respect to nonimmigrants 
     described in section 101(a)(15)(H)(ii)(b) of this Act, the 
     term `consultation' includes the authority of the Secretary 
     of Labor to issue labor market determinations, including 
     temporary labor certifications, and establish regulations and 
     policies for such issuance, including determining the 
     appropriate prevailing wage rates for occupations covered by 
     section 101(a)(15)(H)(ii)(b)''.
       (2) Delegation.--Section 214(c)(14)(B) (8 U.S.C. 
     1184(c)(14)(B)) is amended by striking ``subparagraph 
     (A)(i)'' and inserting ``subparagraph (A)''.
       (b) Effective Date.--The amendment made by subsection 
     (a)(1) shall apply to the promulgation of regulations, 
     issuance of labor market determinations, and other actions of 
     the Secretary of Labor and the Secretary of Homeland Security 
     before, on, or after the date of enactment of this Act.
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section shall be construed to limit or modify any 
     other authority provided or exercised under section 214(c)(1) 
     of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) 
     or any other law governing the authority of the Secretary of 
     Homeland Security, the Secretary of Labor, or any other 
     officer or employee of the Federal Government.
                                 ______
                                 
  SA 1336. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 744, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 857, line 19, strike the period and insert the 
     following: ``; and
       (v) the Secretary of the Treasury certifies that the 
     Secretary has collected and deposited into the Treasury 
     pursuant to section 6(b)(3)(B) of this Act an amount equal to 
     the amount transferred from the general fund of the Treasury 
     to the Comprehensive Immigration Reform Trust Fund pursuant 
     to section 6(a)(2)(A) of this Act.
                                 ______
                                 
  SA 1337. Mr. SCHATZ (for himself, Ms. Hirono, Mrs. Boxer, and Mr. 
Franken) 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 1160, strike lines 6 through 13, and insert the 
     following:
       (b) Modification of Points.--
       (1) Proposal.--The Secretary may submit to Congress a 
     proposal to modify the number of points allocated under of 
     section 203(c) of the Immigration and Nationality Act (8 
     U.S.C. 1153(c)), as amended by subsection (a).
       (2) Elimination of family-based points.--Section 203(c) (8 
     U.S.C. 1153(c)), as amended by subsection (a), is further 
     amended--
       (A) in paragraph (4)--
       (i) by striking subparagraph (H); and
       (ii) by redesignating subparagraphs (I) and (J) as 
     subparagraph (H) and (I), respectively; and
       (B) in paragraph (5)--
       (i) by striking subparagraph (G); and
       (ii) by redesignating subparagraphs (H) and (I) as 
     subparagraphs (G) and (H), respectively.
       (c) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall take effect on the first day of the first fiscal year 
     beginning after the date of the enactment of this Act.
       (2) Elimination of family-based points.--The amendments 
     made by subsection (b)(2) shall take effect on the date that 
     is 10 years after the date of the enactment of this Act.
       On page 1200, strike lines 1 through 4, and insert the 
     following:
       (3) Preference allocation of family-sponsored immigrant 
     visas.--Section 203(a) (8 U.S.C. 1153(a)), as amended by 
     section 2305(b) and paragraphs (1) and (2), is further 
     amended to read as follows:
       ``(a) Preference Allocation for Family-sponsored 
     Immigrants.--Aliens subject to the worldwide level specified 
     in section 201(c) for family-sponsored immigrants shall be 
     allotted visas as follows:
       ``(1) Unmarried sons and daughters of citizens.--Qualified 
     immigrants who are the unmarried sons or daughters of 
     citizens of the United States shall be allocated visas in a 
     number not to exceed 20 percent of the worldwide level of 
     family-sponsored immigrants under section 201(c), plus any 
     visas not required for the class specified in paragraph (4).
       ``(2) Unmarried sons and daughters of permanent 
     residents.--Qualified immigrants who are the unmarried sons 
     or daughters, but not a child (as defined in section 
     101(b)(1)), of an alien lawfully admitted for permanent 
     residence shall be allocated visas in a number not to exceed 
     the sum of--
       ``(A) 20 percent of the worldwide level of family-sponsored 
     immigrants under section 201(c); and
       ``(B) any visas not required for the class specified in 
     paragraph (1).
       ``(3) Married sons and married daughters of citizens.--
     Qualified immigrants who are the married sons or married 
     daughters of citizens of the United States shall be allocated 
     visas in a number not to exceed 20 percent of the worldwide 
     level of family-sponsored immigrants under section 201(c), 
     plus any visas not required for the classes specified in 
     paragraphs (1) and (2).
       ``(4) Brothers and sisters of citizens.--Qualified 
     immigrants who are the brothers or sisters of citizens of the 
     United States, if such citizens are at least 21 years of age, 
     shall be allocated visas in a number not to exceed 40 percent 
     of the worldwide level of family-sponsored immigrants under 
     section 201(c), plus any visas not required for the classes 
     specified in paragraphs (1) through (3).''.
       (4) Effective date.--
       (A) Paragraphs (1) and (2).--The amendments made by 
     paragraphs (1) and (2) shall take effect on the first day of 
     the first fiscal year that begins at least 18 months after 
     the date of the enactment of this Act.
       (B) Paragraph (3).--The amendment made by paragraph (3) 
     shall take effect on the date that is 10 years after the date 
     of the enactment of this Act.
       On page 1221, strike lines 6 through 8, and insert the 
     following:
       (d) Restoration of Certain Family-sponsored Immigrant 
     Categories.--
       (1) Nonimmigrant eligibility.--Section 101(a)(15)(V) (8 
     U.S.C. 1101(a)(15)(V)) is amended to read as follows:
       ``(V) subject to section 214(q) and section 212(a)(4), an 
     alien who is the beneficiary of an approved petition under 
     section 203(a) as--
       ``(i) the unmarried son or unmarried daughter of a citizen 
     of the United States;
       ``(ii) the unmarried son or unmarried daughter of an alien 
     lawfully admitted for permanent residence;
       ``(iii) the married son or married daughter of a citizen of 
     the United States; or
       ``(iv) the sibling of a citizen of the United States.''.
       (2) Employment and period of admission of nonimmigrants 
     described in section 101(a)(15)(v).--Section 214(q) (8 U.S.C. 
     1184(q)) is amended to read as follows:
       ``(q) Nonimmigrants Described in Section 101(a)(15)(V).--
       ``(1) Employment authorization.--The Secretary shall--
       ``(A) authorize a nonimmigrant admitted pursuant to section 
     101(a)(15)(V) to engage in employment in the United States 
     during the period of such nonimmigrant's authorized 
     admission; and
       ``(B) provide such a nonimmigrant with an `employment 
     authorized' endorsement or other appropriate document 
     signifying authorization of employment.
       ``(2) Termination of admission.--The period of authorized 
     admission for such a nonimmigrant shall terminate 30 days 
     after the date on which--
       ``(A) such nonimmigrant's application for an immigrant visa 
     pursuant to the approval of a petition under subsection (a) 
     or (c) of section 203 is denied; or
       ``(B) such nonimmigrant's application for adjustment of 
     status under section 245 pursuant to the approval of such a 
     petition is denied.''.
       (e) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), and (c) shall take effect on the first day of the first 
     fiscal year beginning after the date of the enactment of this 
     Act.
       (2) Restoration of family-sponsored immigrant categories.--
     The amendments made by subsection (d) shall take effect on 
     the date that is 10 years after the date of the enactment of 
     this Act.

[[Page 9382]]


                                 ______
                                 
  SA 1338. Ms. LANDRIEU (for herself, Mrs. Shaheen, and Mr. Franken) 
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 1409, line 1, insert ``, in consultation with the 
     Chief Counsel of the Office of Advocacy of the Small Business 
     Administration,'' after ``Secretary''.
       On page 1410, line 23, insert ``, conducted in consultation 
     with the Chief Counsel of the Office of Advocacy of the Small 
     Business Administration,'' after ``assessment''.
       On page 1411, between lines 12 and 13, insert the 
     following:
       (e) Early Adoption for Small Employers.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall create a mobile 
     application and utilize other available smart-phone 
     technology for employers utilizing the System, to encourage 
     small employers to utilize the System prior to the time at 
     which utilization becomes mandatory for all employers.
       (2) Marketing.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall, in consultation 
     with the Administrator of the Small Business Administration, 
     make available marketing and other incentives to small 
     business concerns to encourage small employers to utilize the 
     System prior to the time at which utilization of the System 
     becomes mandatory for all employers.
       On page 1411, line 13, strike ``(e)'' and insert ``(f)''.
       On page 1413, line 3, strike ``(f)'' and insert ``(g)''.
                                 ______
                                 
  SA 1339. Mr. WHITEHOUSE (for himself, Mr. Reed, Mrs. Gillibrand, and 
Mrs. Feinstein) 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. ___. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY 
                   THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR 
                   THE ISSUANCE OF A FIREARMS OR EXPLOSIVES 
                   LICENSE OR PERMIT TO DANGEROUS TERRORISTS.

       (a) Standard for Exercising Attorney General Discretion 
     Regarding Transferring Firearms or Issuing Firearms Permits 
     to Dangerous Terrorists.--Chapter 44 of title 18, United 
     States Code, is amended--
       (1) by inserting after section 922 the following:

     ``Sec. 922A. Attorney General's discretion to deny transfer 
       of a firearm.

       ``The Attorney General may deny the transfer of a firearm 
     under section 922(t)(1)(B)(ii) of this title if the Attorney 
     General--
       ``(1) determines that the transferee is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism; and
       ``(2) has a reasonable belief that the prospective 
     transferee may use a firearm in connection with terrorism.

     ``Sec. 922B. Attorney General's discretion regarding 
       applicants for firearm permits which would qualify for the 
       exemption provided under section 922(t)(3).

       ``The Attorney General may determine that--
       ``(1) an applicant for a firearm permit which would qualify 
     for an exemption under section 922(t) is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism; and
       ``(2) the Attorney General has a reasonable belief that the 
     applicant may use a firearm in connection with terrorism.'';
       (2) in section 921(a), by adding at the end the following:
       ``(36) The term `terrorism' includes international 
     terrorism and domestic terrorism, as defined in section 2331 
     of this title.
       ``(37) The term `material support or resources' has the 
     meaning given the term in section 2339A of this title.
       ``(38) The term `responsible person' means an individual 
     who has the power, directly or indirectly, to direct or cause 
     the direction of the management and policies of the applicant 
     or licensee pertaining to firearms.''; and
       (3) in the table of sections, by inserting after the item 
     relating to section 922 the following:

``922A. Attorney General's discretion to deny transfer of a firearm.
``922B. Attorney General's discretion regarding applicants for firearm 
              permits which would qualify for the exemption provided 
              under section 922(t)(3).''.
       (b) Effect of Attorney General Discretionary Denial Through 
     the National Instant Criminal Background Check System (NICS) 
     on Firearms Permits.--Section 922(t) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1)(B)(ii), by inserting ``or State law, 
     or that the Attorney General has determined to deny the 
     transfer of a firearm pursuant to section 922A of this 
     title'' before the semicolon;
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``, or if the Attorney General has not 
     determined to deny the transfer of a firearm pursuant to 
     section 922A of this title'' after ``or State law'';
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in clause (i)--

       (I) in subclause (I), by striking ``and'' at the end; and
       (II) by adding at the end the following:

       ``(III) was issued after a check of the system established 
     pursuant to paragraph (1);'';
       (ii) in clause (ii), by inserting ``and'' after the 
     semicolon; and
       (iii) by adding at the end the following:
       ``(iii) the State issuing the permit agrees to deny the 
     permit application if such other person is the subject of a 
     determination by the Attorney General pursuant to section 
     922B of this title;'';
       (4) in paragraph (4), by inserting ``, or if the Attorney 
     General has not determined to deny the transfer of a firearm 
     pursuant to section 922A of this title'' after ``or State 
     law''; and
       (5) in paragraph (5), by inserting ``, or if the Attorney 
     General has determined to deny the transfer of a firearm 
     pursuant to section 922A of this title'' after ``or State 
     law''.
       (c) Unlawful Sale or Disposition of Firearm Based Upon 
     Attorney General Discretionary Denial.--Section 922(d) of 
     title 18, United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(10) has been the subject of a determination by the 
     Attorney General under section 922A, 922B, 923(d)(3), or 
     923(e) of this title.''.
       (d) Attorney General Discretionary Denial as Prohibitor.--
     Section 922(g) of title 18, United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) who has received actual notice of the Attorney 
     General's determination made under section 922A, 922B, 
     923(d)(3) or 923(e) of this title,''.
       (e) Attorney General Discretionary Denial of Federal 
     Firearms Licenses.--Section 923(d) of title 18, United States 
     Code, is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``Any'' and inserting ``Except as provided 
     in paragraph (3), any''; and
       (2) by adding at the end the following:
       ``(3) The Attorney General may deny a license application 
     if the Attorney General determines that the applicant 
     (including any responsible person) is known (or appropriately 
     suspected) to be or have been engaged in conduct 
     constituting, in preparation for, in aid of, or related to 
     terrorism, or providing material support or resources for 
     terrorism, and the Attorney General has a reasonable belief 
     that the applicant may use a firearm in connection with 
     terrorism.''.
       (f) Discretionary Revocation of Federal Firearms 
     Licenses.--Section 923(e) of title 18, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(e)'';
       (2) by striking ``revoke any license'' and inserting the 
     following: ``revoke--
       ``(A) any license'';
       (3) by striking ``. The Attorney General may, after notice 
     and opportunity for hearing, revoke the license'' and 
     inserting the following: ``;
       ``(B) the license''; and
       (4) by striking ``. The Secretary's action'' and inserting 
     the following: ``; or
       ``(C) any license issued under this section if the Attorney 
     General determines that the holder of such license (including 
     any responsible person) is known (or appropriately suspected) 
     to be or have been engaged in conduct constituting, in 
     preparation for, in aid of, or related to terrorism or 
     providing material support or resources for terrorism, and 
     the Attorney General has a reasonable belief that the 
     applicant may use a firearm in connection with terrorism.
       ``(2) The Attorney General's action''.
       (g) Attorney General's Ability To Withhold Information in 
     Firearms License Denial and Revocation Suit.--
       (1) In general.--Section 923(f)(1) of title 18, United 
     States Code, is amended by inserting after the first sentence 
     the following: ``However, if the denial or revocation is 
     pursuant to subsection (d)(3) or (e)(1)(C), any information 
     upon which the Attorney General relied for this determination 
     may be withheld from the petitioner, if the Attorney General 
     determines that disclosure of the information would likely 
     compromise national security.''.
       (2) Summaries.--Section 923(f)(3) of title 18, United 
     States Code, is amended by inserting after the third sentence 
     the following: ``With

[[Page 9383]]

     respect to any information withheld from the aggrieved party 
     under paragraph (1), the United States may submit, and the 
     court may rely upon, summaries or redacted versions of 
     documents containing information the disclosure of which the 
     Attorney General has determined would likely compromise 
     national security.''.
       (h) Attorney General's Ability to Withhold Information in 
     Relief From Disabilities Lawsuits.--Section 925(c) of title 
     18, United States Code, is amended by inserting after the 
     third sentence the following: ``If the person is subject to a 
     disability under section 922(g)(10) of this title, any 
     information which the Attorney General relied on for this 
     determination may be withheld from the applicant if the 
     Attorney General determines that disclosure of the 
     information would likely compromise national security. In 
     responding to the petition, the United States may submit, and 
     the court may rely upon, summaries or redacted versions of 
     documents containing information the disclosure of which the 
     Attorney General has determined would likely compromise 
     national security.''.
       (i) Penalties.--Section 924(k) of title 18, United States 
     Code, is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) constitutes an act of terrorism, or providing 
     material support or resources for terrorism,''.
       (j) Remedy for Erroneous Denial of Firearm or Firearm 
     Permit Exemption.--
       (1) In general.--Section 925A of title 18, United States 
     Code, is amended--
       (A) in the section heading, by striking ``Remedy for 
     erroneous denial of firearm'' and inserting ``Remedies'';
       (B) by striking ``Any person denied a firearm pursuant to 
     subsection (s) or (t) of section 922'' and inserting the 
     following:
       ``(a) Except as provided in subsection (b), any person 
     denied a firearm pursuant to subsection (t) of section 922 or 
     a firearm permit pursuant to a determination made under 
     section 922B''; and
       (C) by adding at the end the following:
       ``(b) In any case in which the Attorney General has denied 
     the transfer of a firearm to a prospective transferee 
     pursuant to section 922A of this title or has made a 
     determination regarding a firearm permit applicant pursuant 
     to section 922B of this title, an action challenging the 
     determination may be brought against the United States. The 
     petition shall be filed not later than 60 days after the 
     petitioner has received actual notice of the Attorney 
     General's determination under section 922A or 922B of this 
     title. The court shall sustain the Attorney General's 
     determination upon a showing by the United States by a 
     preponderance of evidence that the Attorney General's 
     determination satisfied the requirements of section 922A or 
     922B, as the case may be. To make this showing, the United 
     States may submit, and the court may rely upon, summaries or 
     redacted versions of documents containing information the 
     disclosure of which the Attorney General has determined would 
     likely compromise national security. Upon request of the 
     petitioner or the court's own motion, the court may review 
     the full, undisclosed documents ex parte and in camera. The 
     court shall determine whether the summaries or redacted 
     versions, as the case may be, are fair and accurate 
     representations of the underlying documents. The court shall 
     not consider the full, undisclosed documents in deciding 
     whether the Attorney General's determination satisfies the 
     requirements of section 922A or 922B.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 44 of title 18, United States Code, is 
     amended by striking the item relating to section 925A and 
     inserting the following:

``925A. Remedies.''.
       (k) Provision of Grounds Underlying Ineligibility 
     Determination by the National Instant Criminal Background 
     Check System.--Section 103 of the Brady Handgun Violence 
     Prevention Act (18 U.S.C. 922 note) is amended--
       (1) in subsection (f)--
       (A) by inserting ``or the Attorney General has made a 
     determination regarding an applicant for a firearm permit 
     pursuant to section 922B of title 18, United States Code,'' 
     after ``is ineligible to receive a firearm''; and
       (B) by inserting ``except any information for which the 
     Attorney General has determined that disclosure would likely 
     compromise national security,'' after ``reasons to the 
     individual,''; and
       (2) in subsection (g)--
       (A) the first sentence--
       (i) by inserting ``or if the Attorney General has made a 
     determination pursuant to section 922A or 922B of title 18, 
     United States Code,'' after ``or State law,''; and
       (ii) by inserting ``, except any information for which the 
     Attorney General has determined that disclosure would likely 
     compromise national security'' before the period at the end; 
     and
       (B) by adding at the end the following: ``Any petition for 
     review of information withheld by the Attorney General under 
     this subsection shall be made in accordance with section 925A 
     of title 18, United States Code.''.
       (l) Unlawful Distribution of Explosives Based Upon Attorney 
     General Discretionary Denial.--Section 842(d) of title 18, 
     United States Code, is amended--
       (1) in paragraph (9), by striking the period and inserting 
     ``; or''; and
       (2) by adding at the end the following:
       ``(10) has received actual notice of the Attorney General's 
     determination made pursuant to subsection (j) or (d)(1)(B) of 
     section 843 of this title.''.
       (m) Attorney General Discretionary Denial as Prohibitor.--
     Section 842(i) of title 18, United States Code, is amended--
       (1) in paragraph (7), by inserting ``; or'' at the end; and
       (2) by inserting after paragraph (7) the following:
       ``(8) who has received actual notice of the Attorney 
     General's determination made pursuant to subsection (j) or 
     (d)(1)(B) of section 843 of this title,''.
       (n) Attorney General Discretionary Denial of Federal 
     Explosives Licenses and Permits.--Section 843 of title 18, 
     United States Code, is amended--
       (1) in subsection (b), by striking ``Upon'' and inserting 
     ``Except as provided in subsection (j), upon''; and
       (2) by adding at the end the following:
       ``(j) The Attorney General may deny the issuance of a 
     permit or license to an applicant if the Attorney General 
     determines that the applicant or a responsible person or 
     employee possessor thereof is known (or appropriately 
     suspected) to be or have been engaged in conduct 
     constituting, in preparation of, in aid of, or related to 
     terrorism, or providing material support or resources for 
     terrorism, and the Attorney General has a reasonable belief 
     that the person may use explosives in connection with 
     terrorism.''.
       (o) Attorney General Discretionary Revocation of Federal 
     Explosives Licenses and Permits.--Section 843(d) of title 18, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``(d)'';
       (2) by striking ``if in the opinion'' and inserting the 
     following: ``if--
       ``(A) in the opinion''; and
       (3) by striking ``. The Secretary's action'' and inserting 
     the following: ``; or
       ``(B) the Attorney General determines that the licensee or 
     holder (or any responsible person or employee possessor 
     thereof) is known (or appropriately suspected) to be or have 
     been engaged in conduct constituting, in preparation for, in 
     aid of, or related to terrorism, or providing material 
     support or resources for terrorism, and that the Attorney 
     General has a reasonable belief that the person may use 
     explosives in connection with terrorism.
       ``(2) The Attorney General's action''.
       (p) Attorney General's Ability To Withhold Information in 
     Explosives License and Permit Denial and Revocation Suits.--
     Section 843(e) of title 18, United States Code, is amended--
       (1) in paragraph (1), by inserting after the first sentence 
     the following: ``However, if the denial or revocation is 
     based upon an Attorney General determination under subsection 
     (j) or (d)(1)(B), any information which the Attorney General 
     relied on for this determination may be withheld from the 
     petitioner if the Attorney General determines that disclosure 
     of the information would likely compromise national 
     security.''; and
       (2) in paragraph (2), by adding at the end the following: 
     ``In responding to any petition for review of a denial or 
     revocation based upon an Attorney General determination under 
     subsection (j) or (d)(1)(B), the United States may submit, 
     and the court may rely upon, summaries or redacted versions 
     of documents containing information the disclosure of which 
     the Attorney General has determined would likely compromise 
     national security.''.
       (q) Ability To Withhold Information in Communications to 
     Employers.--Section 843(h)(2) of title 18, United States 
     Code, is amended--
       (1) in subparagraph (A), by inserting ``or in subsection 
     (j) of this section (on grounds of terrorism)'' after 
     ``section 842(i)''; and
       (2) in subparagraph (B)--
       (A) in the matter preceding clause (i), by inserting ``or 
     in subsection (j) of this section,'' after ``section 
     842(i),''; and
       (B) in clause (ii), by inserting ``, except that any 
     information that the Attorney General relied on for a 
     determination pursuant to subsection (j) may be withheld if 
     the Attorney General concludes that disclosure of the 
     information would likely compromise national security'' after 
     ``determination''.
       (r) Conforming Amendment to Immigration and Nationality 
     Act.--Section 101(a)(43)(E)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by 
     striking ``or (5)'' and inserting ``(5), or (10)''.
       (s) Guidelines.--
       (1) In general.--The Attorney General shall issue 
     guidelines describing the circumstances under which the 
     Attorney General will exercise the authority and make 
     determinations under subsections (d)(1)(B) and (j) of section 
     843 and sections 922A and 922B of title 18, United States 
     Code, as amended by this Act.
       (2) Contents.--The guidelines issued under paragraph (1) 
     shall--

[[Page 9384]]

       (A) provide accountability and a basis for monitoring to 
     ensure that the intended goals for, and expected results of, 
     the grant of authority under subsections (d)(1)(B) and (j) of 
     section 843 and sections 922A and 922B of title 18, United 
     States Code, as amended by this Act, are being achieved; and
       (B) ensure that terrorist watch list records are used in a 
     manner that safeguards privacy and civil liberties 
     protections, in accordance with requirements outlines in 
     Homeland Security Presidential Directive 11 (dated August 27, 
     2004).
                                 ______
                                 
  SA 1340. Ms. LANDRIEU (for herself, Ms. Hirono, and Mr. Franken) 
submitted an amendment intended to be proposed by her to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. BEST INTEREST OF THE CHILD.

       (a) In General.--In all procedures and decisions concerning 
     unaccompanied alien children that are made by a Federal 
     agency or a Federal court pursuant to the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) or regulations 
     implementing the Act, the best interests of the child shall 
     be a primary consideration.
       (b) Determinations Related to Section 101(a)(27)(J) of the 
     Immigration and Nationality Act.--Best interests 
     determinations made in administrative or judicial proceedings 
     described in section 101(a)(27)(J) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)(J)) shall be conclusive 
     in assessing the best interests of the child under this 
     section.
       (c) Factors.--In assessing the best interests of the child, 
     the entities referred to in subsection (a) shall consider, in 
     the context of the child's age and maturity, the following 
     factors:
       (1) The views of the child.
       (2) The safety and security considerations of the child.
       (3) The mental and physical health of the child.
       (4) The parent-child relationship and family unity, and the 
     potential effect of separating the child from the child's 
     parent or legal guardian, siblings, and other members of the 
     child's extended biological family.
       (5) The child's sense of security, familiarity, and 
     attachments.
       (6) The child's well-being, including the need of the child 
     for education and support related to child development.
       (7) The child's ethnic, religious, and cultural and 
     linguistic background.
                                 ______
                                 
  SA 1341. 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:

       After section 3716, insert the following:

     SEC. 3717. COST EFFECTIVENESS IN DETENTION FACILITY 
                   CONTRACTING.

       The Director of U.S. Immigration and Customs Enforcement 
     shall take appropriate measures to minimize, and if possible 
     reduce, the daily bed rate charged to the Federal Government 
     through a competitive process in contracting for or otherwise 
     obtaining detention beds while ensuring that the most recent 
     detention standards, including health standards, and 
     management practices employed by the agency are met.
                                 ______
                                 
  SA 1342. Mr. HEINRICH (for himself and Mr. Udall of New Mexico) 
submitted an amendment intended to be proposed by him to the bill S. 
744, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 1122. TRADE FACILITATION AND SECURITY ENHANCEMENT.

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

                          ____________________