An amendment numbered 4 printed in House Report 109-350 to prohibit localities from requiring businesses to set up day labor sites as a condition for conducting or expanding a business; require the Attorney General to report on the status of criminal alien prosecutions, including prosecutions of smugglers; authorizes ICE's current Forensic Document Laboratory, sets mandatory minimums for repeated marriage fraud, removes reference to aggravated felonies and substitutes language referring to length of sentence, for sentencing enhancements for aliens who enter illegally after convictions. Clarifies that the Board of Immigration Appeals' decisions on motions to reopen are discretionary decisions that are not subject to judicial review. Updates the law that criminalizes passport and immigration fraud by increasing penalties to facilitate effective enforcement. Also penalizes fraud againstaliens applying for immigration benefits. Amends the law that provides for detention of criminal defendants to make the defendants' immigration status an express consideration in determining whether the defendant should be released on bond. Extends the statute of limitations for all immigration-.

1. 1

   Change 1: Inserts “, except for ports of entry and facilities subject to vulnerability assessments under sec…” after “borders of the United States”

   InsertsSection 102(b)(3)

   …borders of the United States[inserted: , except for ports of entry and facilities subject to vulnerability assessments under section 70102 or 70103 of title 46, United States Code,]…

   Original wording

   (2) in subsection (b)(3), insert “, except for ports of entry and facilities subject to vulnerability assessments under section 70102 or 70103 of title 46, United States Code,” after “borders of the United States”;

2. 2

   Change 2: Rewrites section 102(d)

   Replaces

   In H.R. 4437 · Reported in House

   (d) [struck: Priority of National Strategy][inserted: Coordination].--[inserted: ]The National Strategy for Border Security described in subsection (b) shall be [inserted: consistent with ]the [struck: controlling document][inserted: National Strategy] for [struck: security and enforcement efforts related ][inserted: Maritime Security developed pursuant ]to [struck: securing the international land and maritime borders of the United States][inserted: Homeland Security Presidential Directive 13].

   Original wording

   (3) amend subsection (d) to read as follows:

3. 3

   Change 3: Replaces “Committee on Homeland Security of the House of Representatives, such Committee shall prom…” at the section 102(f) with “appropriate congressional committees, such committees shall promptly report to their resp…”

   Replaces

   In H.R. 4437 · Reported in House

   (f) Reporting of Implementing Legislation.--After submittal of the National Strategy for Border Security described in subsection (b) to the [struck: Committee on Homeland Security of the House of Representatives][inserted: appropriate congressional committees], such [struck: Committee][inserted: committees] shall promptly report to [struck: the ][inserted: their respective ]House legislation authorizing necessary security measures based on its evaluation of the National Strategy for Border Security.

   Original wording

   (4) in subsection (f), strike “Committee on Homeland Security of the House of Representatives, such Committee shall promptly report to the House” and insert “appropriate congressional committees, such committees shall promptly report to their respective House”;

4. 4

   Change 4: Inserts “and section 301(b)” after “this title”

   InsertsSection 102(g)

   In H.R. 4437 · Reported in House

   (g) Appropriate Congressional Committee.--For purposes of this title[inserted: and section 301(b)], the term "appropriate congressional committee" has the meaning given it in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2)).

   Original wording

   (5) in subsection (g), insert “and section 301(b)” after “this title”; and

5. 5

   Change 5: Inserts new text at the end of the bill

   Inserts

   In H.R. 4437 · Reported in House

   (b) Effective Date.--The amendment made by subsection (a) shall apply to visas issued on or after the date that is 90 days after the date of the enactment of this Act. Union Calendar No. 192

   Inserted: (h) Rule of Construction.--Nothing in this section shall be construed to alter, impact, diminish, or in any way undermine the authority of the Administrator of the Federal Aviation Administration to oversee, regulate, and control the safe and efficient use of the airspace of the United States.

   Original wording

   (6) add at the end the following new subsection:

6. 6

   Change 6: Replaces “Committee on Homeland Security of the House of Representatives” at the section 111 with “appropriate congressional committees”

   Replaces

   In H.R. 4437 · Reported in House

   SEC. 111. AIRSPACE SECURITY MISSION IMPACT REVIEW.

   Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the [struck: Committee on Homeland Security of the House of Representatives ][inserted: appropriate congressional committees ]a report detailing the impact the airspace security mission in the National Capital Region (in this section referred to as the "NCR") will have on the ability of the Department of Homeland Security to protect the international land and maritime borders of the United States. Specifically, the report shall address:

   (1) The specific resources, including personnel, assets, and facilities, devoted or planned to be devoted to the NCR airspace security mission, and from where those resources were obtained or are planned to be obtained.

   Original wording

   In section 111, strike “Committee on Homeland Security of the House of Representatives” and insert “appropriate congressional committees”.

7. 7

   Change 7: Adds SEC. 118. VOLUNTARY RELOCATION PROGRAM EXTENSION at the end of title I

   Adds a section

   In H.R. 4437 · Reported in House

   (3) identify the most appropriate contract mechanisms to enhance financial accountability and mission effectiveness of border security programs.

   Inserted: SEC. 118. VOLUNTARY RELOCATION PROGRAM EXTENSION.

   Inserted: Section 5739(e) of title 5, United States Code, is amended by striking "7" and inserting "12".

   Original wording

   At the end of title I, add the following new section:

8. 8

   Change 8: Rewrites section 203(3)

   Replaces

   In H.R. 4437 · Reported in House

   Struck: (3) in subsection (c)--

   Struck: (A) by striking "5 years" and inserting "10 years"; and

   Struck: (B) by adding at the end the following: "An offense under this subsection continues until the fraudulent nature of the marriage is discovered by an immigration officer.";

   Inserted: (3) by amending subsection (c) to read as follows:

   Inserted: "(c)(1) Whoever--

   Inserted: "(A) knowingly enters into a marriage for the purpose of evading any provision of the immigration laws; or

   Inserted: "(B) knowingly misrepresents the existence or circumstances of a marriage--

   Inserted: "(i) in an application or document arising under or authorized by the immigration laws of the United States or the regulations prescribed thereunder, or

   Inserted: "(ii) during any immigration proceeding conducted by an administrative adjudicator (including an immigration officer or examiner, a consular officer, an immigration judge, or a member of the Board of Immigration Appeals); shall be fined under title 18, United States Code, or imprisoned not more than 10 years, or both.

   Inserted: "(2) Whoever--

   Inserted: "(A) knowingly enters into two or more marriages for the purpose of evading any provision of the immigration laws; or

   Inserted: "(B) knowingly arranges, supports, or facilitates two or more marriages designed or intended to evade any provision of the immigration laws; shall be fined under title 18, United States Code, imprisoned not less than 2 years nor more than 20 years, or both.

   Inserted: "(3) An offense under this subsection continues until the fraudulent nature of the marriage or marriages is discovered by an immigration officer.

   Inserted: "(4) For purposes of this section, the term 'proceeding' includes an adjudication, interview, hearing, or review."

   Original wording

   In section 203, amend paragraph (3) to read as follows:

9. 9

   Change 9: Strikes “(other than an aggravated felony)” at the section 275(e)(1)(A)

   Strikes

   Struck: (other than an aggravated felony)

   Original wording

   (1) in subparagraph (A), strike “(other than an aggravated felony)”; and

10. 10

    Change 10: Rewrites section 275(e)(1)(B)

    Replaces

    Removes section 275(e)(1)(B).

    Inserted: (B) whose violation was subsequent to conviction for a felony for which the alien received a sentence of 30 months or more, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; or

    Inserted: (C) whose violation was subsequent to conviction for a felony for which the alien received a sentence of 60 months or more, shall be fined under title 18, United States Code, imprisoned not more than 20 years, or both.

    Inserted: In proposed section 275(e)(3) of the Immigration and Nationality Act, as inserted by section 203(5)--

    Original wording

    (2) strike subparagraph (B) and insert the following:

11. 11

    Change 11: Replaces “(A) or (B)” at the section 275(e)(1) with “(A), (B), or (C)”

    Replaces

    [struck: (A) or (B)][inserted: (A), (B), or (C)]

    Original wording

    (1) strike “(A) or (B)” and insert “(A), (B), or (C)”; and

12. 12

    Change 12: Replaces “an aggravated felony or other qualifying crime” at the section 275(e)(1) with “a qualifying crime”

    Replaces

    [struck: an aggravated felony or other qualifying crime][inserted: a qualifying crime]

    Original wording

    (2) strike “an aggravated felony or other qualifying crime” and insert “a qualifying crime”.

13. 13

    Change 13: Rewrites section 210

    Replaces

    In H.R. 4437 · Reported in House

    Struck: SEC. 210. ESTABLISHMENT OF A SPECIAL TASK FORCE FOR COORDINATING AND DISTRIBUTING INFORMATION ON FRAUDULENT IMMIGRATION DOCUMENTS.

    Inserted: SEC. 210. ESTABLISHMENT OF THE FORENSIC DOCUMENTS LABORATORY.

    (a) In General.--The Secretary of Homeland Security shall establish a [struck: task force ][inserted: Fraudulent Documents Center ](to be known as the [struck: Task Force on Fraudulent Immigration Documents][inserted: Forensic Document Laboratory]) to carry out the following:

    (1) Collect information from Federal, State, and local law enforcement agencies, and [struck: Foreign][inserted: foreign] governments on the production, sale, [inserted: distribution, ]and [struck: distribution][inserted: use] of fraudulent documents intended to be used to enter[struck: ][inserted: , travel, ]or [struck: to ]remain [struck: in][inserted: within] the United States unlawfully.

    (2) Maintain [struck: that][inserted: the] information [inserted: described ]in [inserted: paragraph (1) in ]a comprehensive database.

    Inserted: (3) Maintain a repository of genuine and fraudulent travel and identity document exemplars.

    ([struck: 3][inserted: 4]) Convert the information [inserted: collected ]into reports that [struck: will ]provide guidance [struck: for][inserted: to] government officials [struck: on][inserted: in] identifying fraudulent documents being used to enter [struck: or to ][inserted: into, travel within, or ]remain in the United States[struck: unlawfully].

    ([struck: 4][inserted: 5]) Develop a system for distributing these reports on an ongoing basis to appropriate Federal, State, and local law enforcement agencies.

    (b) Distribution of Information.--[struck: Distribute the ][inserted: The Forensic Document Laboratory shall distribute its ]reports to appropriate Federal, State, and[struck: local law enforcement agencies on an ongoing basis.]

    Inserted: local law enforcement agencies on an ongoing basis.

    Original wording

    Strike section 210, and insert the following:

14. 14

    Change 14: Adds SEC. 211. MOTIONS TO REOPEN OR RECONSIDER at the end of title II

    Adds a section

    In H.R. 4437 · Reported in House

    (b) Distribution of Information.--Distribute the reports to appropriate Federal, State, and local law enforcement agencies on an ongoing basis.

    Inserted: SEC. 211. MOTIONS TO REOPEN OR RECONSIDER.

    Inserted: (a) Exercise of Discretion.--Section 240(c) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)) is amended--

    Inserted: (1) by adding at the end of paragraph (5) the following new subparagraph:

    Inserted: "(D) Discretion.--The decision to grant or deny a motion to reconsider is committed to the Attorney General's discretion."; and

    Inserted: (2) by adding at the end of paragraph (6) the following new subparagraph:

    Inserted: "(D) Discretion.--The decision to grant or deny a motion to reopen is committed to the Attorney General's discretion.".

    Inserted: (b) Prima Facie Eligibility for Protection From Removal to Alternative Country of Removal not Previously Considered.--Section 240(c) of the Immigration and Nationality Act (8 U.S.C. 1229a) is further amended by adding at the end of paragraph (6) the following new subparagraph:

    Inserted: "(E) Special rule for alternative countries of removal.--The time and numerical limitations specified in this paragraph shall not apply if--

    Inserted: "(i) the Secretary seeks to remove the alien to an alternative or additional country of removal under subparagraph (D) or (E) of section 241(b)(2) that had not been considered during the alien's prior removal proceedings;

    Inserted: "(ii) the alien's motion to reopen is filed within 30 days after the date the alien receives notice of the Secretary's intention to remove the alien to that country; and

    Inserted: "(iii) the alien establishes a prima facie case that the alien is entitled by law to withholding of removal under section 241(b)(3) or protection under the Convention Against Torture with respect to that particular country.".

    Inserted: (c) Effective Date.--This section, and the amendments made by this section, shall apply to motions to reopen and reconsider that are filed on or after the date of the enactment of this Act in removal, deportation, or exclusion proceedings, regardless of whether a final administrative order is entered before, on, or after such date.

    Show 134 more inserted paragraphsShow less

    Inserted: SEC. 212. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

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

    Inserted: "CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD

    Inserted: "1541. Trafficking in passports.

    Inserted: "1542. False statement in an application for a passport.

    Inserted: "1543. Forgery and unlawful production of a passport.

    Inserted: "1544. Misuse of a passport.

    Inserted: "1545. Schemes to defraud aliens.

    Inserted: "1546. Immigration and visa fraud.

    Inserted: "1547. Attempts and conspiracies.

    Inserted: "1548. Increased penalties for certain offenses.

    Inserted: "1549. Seizure and forfeiture.

    Inserted: "1550. Additional jurisdiction.

    Inserted: "1551. Additional venue.

    Inserted: "1552. Definitions.

    Inserted: "1553. Authorized law enforcement activities.

    Inserted: "Sec. 1541. Trafficking in passports

    Inserted: "(a) Whoever, during any three-year period--

    Inserted: "(1) knowingly and without lawful authority produces, issues, or transfers 10 or more passports; or

    Inserted: "(2) knowingly forges, counterfeits, alters, or falsely makes 10 or more passports; or

    Inserted: "(3) knowingly secures, possesses, uses, receives, buys, or sells 10 or more passports, knowing the passports to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, issued, or designed for the use of another, or produced or issued without lawful authority; or

    Inserted: "(4) knowingly completes, mails, prepares, presents, signs, or submits 10 or more applications for a United States passport (including any supporting documentation) knowing the applications to contain any false statement or representation;

    Inserted: shall be fined under this title, imprisoned not less than 3 years nor more than 20 years, or both.

    Inserted: "(b) Whoever knowingly and without lawful authority produces, counterfeits, secures, possesses, or uses any official paper, seal, hologram, image, text, symbol, stamp, engraving, plate, or other material used to make a passport shall be fined under this title, imprisoned not less than 3 years nor more than 20 years, or both.

    Inserted: "Sec. 1542. False statement in an application for a passport "Whoever knowingly--

    Inserted: "(1) makes any false statement or representation in an application for a United States passport (including any supporting documentation); or

    Inserted: "(2) completes, mails, prepares, presents, signs, or submits an application for a United States passport (including any supporting documentation) knowing it to contain any false statement or representation; or

    Inserted: "(3) causes or attempts to cause the production of a passport by means of any fraud or false application for a United States passport (including any supporting documentation), when such production occurs or would occur at a facility authorized by the Secretary of State for the production of passports; shall be fined under this title, imprisoned not more than 15 years, or both.

    Inserted: "Sec. 1543. Forgery and unlawful production of a passport

    Inserted: "(a) Whoever--

    Inserted: "(1) knowingly forges, counterfeits, alters, or falsely makes any passport; or

    Inserted: "(2) knowingly transfers any passport knowing it to be forged, counterfeited, altered, falsely made, stolen, or to have been produced or issued without lawful authority; shall be fined under this title, imprisoned not more than 15 years, or both.

    Inserted: "(b) Whoever knowingly and without lawful authority--

    Inserted: "(1) produces, issues, authorizes, or verifies a passport in violation of the laws, regulations, or rules governing the issuance of the passport; or

    Inserted: "(2) produces, issues, authorizes, or verifies a United States passport for or to any person not owing allegiance to the United States; or

    Inserted: "(3) transfers or furnishes a passport to a person for use when such person is not the person for whom the passport was issued or designed;

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

    Inserted: "Sec. 1544. Misuse of a passport

    Inserted: "(a) Whoever--

    Inserted: "(1) knowingly uses any passport issued or designed for the use of another; or

    Inserted: "(2) knowingly 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; or

    Inserted: "(3) knowingly secures, possesses, uses, receives, buys, or sells any passport knowing it to be forged, counterfeited, altered, falsely made, procured by fraud, or produced or issued without lawful authority; or

    Inserted: "(4) knowingly 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.

    Inserted: "(b) Whoever knowingly uses any passport--

    Inserted: "(1) to enter or to attempt to enter the United States, or

    Inserted: "(2) to defraud an agency of the United States, a State, or a political subdivision of a State, knowing the passport to be forged, counterfeited, altered, falsely made, procured by fraud, produced or issued without lawful authority, or issued or designed for the use of another, shall be fined under this title, imprisoned not less than 6 months nor more than 15 years, or both.

    Inserted: "Sec. 1545. Schemes to defraud aliens

    Inserted: "(a) Whoever knowingly defrauds any person in connection with--

    Inserted: "(1) any matter that is authorized by or arises under the immigration laws of the United States, or

    Inserted: "(2) any matter the offender claims or represents is authorized by or arises under the immigration laws of the United States, shall be fined under this title, imprisoned not more than 15 years, or both.

    Inserted: "(b) Whoever knowingly and falsely represents himself to be an attorney in any matter authorized by or arising under the immigration laws of the United States shall be fined under this title, imprisoned not more than 15 years, or both.

    Inserted: "Sec. 1546. Immigration and visa fraud

    Inserted: "(a) Whoever--

    Inserted: "(1) knowingly uses any immigration document issued or designed for the use of another; or

    Inserted: "(2) knowingly forges, counterfeits, alters, or falsely makes any immigration document; or

    Inserted: "(3) knowingly completes, mails, prepares, presents, signs, or submits any immigration document knowing it to contain any materially false statement or representation; or

    Inserted: "(4) knowingly secures, possesses, uses, transfers, receives, buys, or sells any immigration document knowing it to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, issued or designed for another, or produced or issued without lawful authority; or

    Inserted: "(5) knowingly adopts or uses a false or fictitious name to evade or to attempt to evade the immigration laws; or

    Inserted: "(6) knowingly and without lawful authority transfers or furnishes an immigration document to a person for use when such person is not the person for whom the immigration document was issued or designed;

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

    Inserted: "(b) Whoever, during any three-year period--

    Inserted: "(1) knowingly and without lawful authority produces, issues, or transfers 10 or more immigration documents; or

    Inserted: "(2) knowingly forges, counterfeits, alters, or falsely makes 10 or more immigration documents; or

    Inserted: "(3) knowingly secures, possesses, uses, buys, or sells 10 or more immigration documents, knowing the immigration documents to be forged, counterfeited, altered, stolen, falsely made, procured by fraud, or issued or designed for the use of another, or produced or issued without lawful authority; or

    Inserted: "(4) knowingly completes, mails, prepares, presents, signs, or submits 10 or more immigration documents knowing the documents to contain any materially false statement or representation;

    Inserted: shall be fined under this title, imprisoned not less than 2 years nor more than 20 years, or both.

    Inserted: "(c) Whoever knowingly and without lawful authority produces, counterfeits, secures, possesses, or uses any official paper, seal, hologram, image, text, symbol, stamp, engraving, plate, or other material used to make an immigration document shall be fined under this title, imprisoned not less than 2 years nor more than 20 years, or both.

    Inserted: "Sec. 1547. Attempts and conspiracies "Whoever attempts or conspires to violate any section within this chapter shall be punished in the same manner as a completed violation of that section. An attempt offense under this chapter is a general intent crime.

    Inserted: "Sec. 1548. Increased penalties for certain offenses

    Inserted: "(a) Whoever violates any of the sections within this chapter with the intent to facilitate an act of international terrorism (as defined in section 2331 of this title) shall be fined under this title, imprisoned not less than 7 years nor more than 25 years, or both.

    Inserted: "(b) Whoever violates any section in this chapter with the intent to facilitate the commission of any offense against the United States (other than an offense in this chapter) or against any State, which offense is punishable by imprisonment for more than 1 year, shall be fined under this title, imprisoned not less than 3 years nor more than 20 years, or both.

    Inserted: "Sec. 1549. Seizure and forfeiture

    Inserted: "(a) Any property, real or personal, that has been used to commit or facilitate the commission of a violation of any section within this chapter, the gross proceeds of such violation, and any property traceable to such property or proceeds, shall be subject to forfeiture.

    Inserted: "(b) Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 of this title, relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security, the Secretary of State, or the Attorney General.

    Inserted: "Sec. 1550. Additional jurisdiction

    Inserted: "(a) Whoever commits an offense under this chapter within the special maritime and territorial jurisdiction of the United States shall be punished as provided by that offense.

    Inserted: "(b) Whoever commits an offense under this chapter outside the United States shall be punished as provided by that offense if--

    Inserted: "(1) the offense involves a United States immigration document (or any document purporting to be the same) or any matter, right, or benefit arising under or authorized by the immigration laws of the United States or the regulations prescribed thereunder; or

    Inserted: "(2) the offense is in or affects foreign commerce; or

    Inserted: "(3) the offense affects, jeopardizes, or poses a significant risk to the lawful administration of the immigration laws of the United States, or the national security of the United States; or

    Inserted: "(4) the offense is committed to facilitate an act of international terrorism (as defined in section 2331 of this title) or a drug trafficking crime (as defined in section 929(a) of this title) that affects or would affect the national security of the United States; or

    Inserted: "(5) an offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. Sec. 1001(a)(22)) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. Sec. 1001(a)(20)); or

    Inserted: "(6) an offender is a stateless person whose habitual residence is in the United States.

    Inserted: "Sec. 1551. Additional venue "An offense under section 1542 of this chapter may be prosecuted in--

    Inserted: "(1) any district in which the false statement or representation was made; or

    Inserted: "(2) any district in which the passport application was prepared, submitted, mailed, received, processed, or adjudicated; or

    Inserted: "(3) in the case of an application prepared and adjudicated outside the United States, in the district in which the resultant passport was produced.

    Inserted: Nothing in this section limits the venue otherwise available under sections 3237 and 3238 of this title.

    Inserted: "Sec. 1552. Definitions "For purposes of this chapter:

    Inserted: "(1) The term 'falsely make' means to prepare or complete an immigration document with knowledge or in reckless disregard of the fact that the document--

    Inserted: "(A) contains a statement or representation that is false, fictitious, or fraudulent;

    Inserted: "(B) has no basis in fact or law; or

    Inserted: "(C) otherwise fails to state a fact that is material to the purpose for which the document was created, designed, or submitted.

    Inserted: "(2) The term a 'false statement or representation' includes a personation or an omission.

    Inserted: "(3) 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.

    Inserted: "(4) The term 'immigration document' means--

    Inserted: "(A) any passport or visa; or

    Inserted: "(B) any application, petition, affidavit, declaration, attestation, form, identification card, alien registration document, employment authorization document, border crossing card, certificate, permit, order, license, stamp, authorization, grant of authority, or other evidentiary document, arising under or authorized by the immigration laws of the United States.

    Inserted: Such term includes any document, photograph, or other piece of evidence attached to or submitted in support of an immigration document.

    Inserted: "(5) The term 'immigration laws' includes--

    Inserted: "(A) the laws described in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17));

    Inserted: "(B) the laws relating to the issuance and use of passports; and

    Inserted: "(C) the regulations prescribed under the authority of any law described in paragraphs (1) and (2) of this subsection.

    Inserted: "(6) A person does not exercise 'lawful authority' if the person abuses or improperly exercises lawful authority the person otherwise holds.

    Inserted: "(7) The term 'passport' means a travel document attesting to the identity and nationality of the bearer that is issued under the authority of the Secretary of State, a foreign government, or an international organization; or any instrument purporting to be the same.

    Inserted: "(8) The term 'produce' means to make, prepare, assemble, issue, print, authenticate, or alter.

    Inserted: "(9) The term 'State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

    Inserted: "Sec. 1553. Authorized law enforcement activities "The sections in this chapter do not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).".

    Inserted: SEC. 213. CRIMINAL DETENTION OF ALIENS.

    Inserted: (a) Section 3142(e) of title 18, United States Code, is amended by inserting at the end the following:

    Inserted: "Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required if the judicial officer finds that there is probable cause to believe that the person is an alien and that the person--

    Inserted: "(1) has no lawful immigration status in the United States;

    Inserted: "(2) is the subject of a final order of removal; or

    Inserted: "(3) has committed a felony offense under section 911, 922(g)(5), 1015, 1028, 1425, or 1426 of this title, or any section of chapters 75 and 77 of this title, or section 243, 274, 275, 276, 277, or 278, of the Immigration and Nationality Act.".

    Inserted: (b) Section 3142(g)(3) of title 18, United States Code, is amended by striking "and" at the end of subparagraph (A) and by adding at the end the following new subparagraph:

    Inserted: "(C) the person's immigration status; and".

    Inserted: SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, NATURALIZATION, AND PEONAGE OFFENSES.

    Inserted: Section 3291 of title 18, United States Code, is amended to read as follows:

    Inserted: "SEC. 3291. IMMIGRATION, NATURALIZATION, AND PEONAGE OFFENSES.

    Inserted: "No person shall be prosecuted, tried, or punished for a violation of any section of chapters 69 (relating to nationality and citizenship offenses), 75 (relating to passport, visa, and immigration offenses), or 77 (relating to peonage, slavery, and trafficking in persons) of this title (or for attempt or conspiracy to violate any such section), 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 attempt or conspiracy to violate any such section), unless the indictment is returned or the information filed within ten years after the commission of the offense.".

    Inserted: SEC. 215. CONFORMING AMENDMENT.

    Inserted: Subparagraph (P) of section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--

    Inserted: (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 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

    Inserted: (2) by inserting after "first offense" the following: "(i) that is not described in section 1548 (relating to increased penalties), and (ii)".

    Inserted: SEC. 216. INADMISSIBILITY FOR PASSPORT AND IMMIGRATION FRAUD.

    Inserted: (a) In General.--Section 212(a)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amended--

    Inserted: (1) by striking "or" at the end of subclause (I);

    Inserted: (2) by inserting "or" at the end of subclause (II); and

    Inserted: (3) by inserting the following new subparagraph:

    Inserted: "(III) a violation of (or a conspiracy or attempt to violate) any section of chapter 75 of title 18, United States Code,".

    Inserted: (b) Effective Date.--The amendments made by subsection (a) shall apply to proceedings pending on or after the date of the enactment of this Act.

    Inserted: SEC. 217. REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD.

    Inserted: (a) In General.--Clause (iii) of section 237(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C.1227(a)(3)(B)) is amended to read as follows "(iii) of a violation of, or an attempt or a conspiracy to violate, any section of chapter 75 of title 18, United States Code,".

    Inserted: (b) Effective Date.--This amendment made by subsection (a) shall apply to proceedings pending on or after the date of the enactment of this Act

    Original wording

    At the end of title II, add the following new sections:

15. 15

    Change 15: Replaces “Congress” before section 301(b)(1) with “appropriate congressional committees (as defined in section 102(g))”

    Replaces

    [struck: Congress][inserted: appropriate congressional committees (as defined in section 102(g))]

    Original wording

    (1) in subsection (b), in the matter preceding paragraph (1), strike “Congress” and insert “appropriate congressional committees (as defined in section 102(g))”; and

16. 16

    Change 16: Replaces “Rule of Construction” at the section 301(c) with “Rules of Construction”

    Replaces

    In H.R. 4437 · Reported in House

    (c) [struck: Rule][inserted: Rules] of Construction.--Nothing in this section shall be construed as altering or amending the prohibition on the use of any part of the Army or the Air Force as a posse comitatus under section 1385 of title 18, United States Code.

    Original wording

    (2) in subsection (c), strike “Rule of Construction” and insert “Rules of Construction”

17. 17

    Change 17: Inserts “(1)” before “Nothing”

    InsertsSection 301

    In H.R. 4437 · Reported in House

    (4) a description of how the Department of Homeland Security and the Department of Defense are working with the Department of Transportation on safety and airspace control issues associated with the use of unmanned aerial vehicles in the National Airspace System.

    (c) Rule of Construction.--[inserted: (1) ]Nothing in this section shall be construed as altering or amending the prohibition on the use of any part of the Army or the Air Force as a posse comitatus under section 1385 of title 18, United States Code.

    Original wording

    insert “(1)” before “Nothing”

18. 18

    Change 18: Inserts new text at the end of the bill

    Inserts

    In H.R. 4437 · Reported in House

    (b) Effective Date.--The amendment made by subsection (a) shall apply to visas issued on or after the date that is 90 days after the date of the enactment of this Act. Union Calendar No. 192

    Inserted: (2) Nothing in this section shall be construed to alter, impact, diminish, or in any way undermine the authority of the Administrator of the Federal Aviation Administration to oversee, regulate, and control the safe and efficient use of the airspace of the United States.

    Original wording

    add at the end the following new paragraph:

19. 19

    Change 19: Adds SEC. 308. RED ZONE DEFENSE BORDER INTELLIGENCE PILOT PROGRAM at the end of title III

    Adds a section

    In H.R. 4437 · Reported in House

    (2) as the Department of Homeland Security develops a National Strategy for Border Security, it should take into account the needs and missions of each agency that has a stake in border security and strive to ensure that these agencies work together cooperatively on issues involving Tribal lands.

    Inserted: SEC. 308. RED ZONE DEFENSE BORDER INTELLIGENCE PILOT PROGRAM.

    Inserted: (a) Establishment.--The Secretary of Homeland Security and the Director of National Intelligence shall jointly establish a pilot program to improve the coordination and management of intelligence and homeland security information provided to or utilized by the Department of Homeland Security relating to the southwest international land and maritime border of the United States.

    Inserted: (b) Pilot Area.--The Secretary of Homeland Security and the Director of National Intelligence shall designate a geographic area along the southwest international land and maritime border of the United States centered on Cochise County, Arizona, to be the pilot area for the pilot program established pursuant to subsection (a).

    Inserted: (c) Program.--The pilot program established pursuant to subsection (a) shall--

    Inserted: (1) coordinate and facilitate the sharing of intelligence and homeland security information related to border security within the pilot area designated pursuant to subsection (b) among Federal, State, local, and tribal governments, including relevant intelligence and homeland security information provided to the Department of Homeland Security by the intelligence community and relevant intelligence and homeland security information gathered by the Department of Homeland Security from other sources;

    Inserted: (2) to the maximum extent possible, provide for persistent surveillance of such pilot area;

    Inserted: (3) to the maximum extent possible, utilize airships, aerostats, and existing unmanned aerial vehicles to provide for surveillance of such pilot area;

    Inserted: (4) to the maximum extent possible, fully utilize the capabilities of underutilized assets currently available to conduct surveillance of such pilot area;

    Inserted: (5) where practicable, utilize the capabilities of existing operational and analytical centers that analyze intelligence and homeland security information relating to such pilot area from multiple sources and improve the interoperability of such centers;

    Inserted: (6) consistent with applicable security requirements, disseminate actionable intelligence and homeland security information relating to border security within such pilot area to the appropriate Federal, State, local, tribal, and foreign governments to support operational activities relating to border security within such pilot area;

    Inserted: (7) provide for direct transmission of such actionable intelligence and homeland security information to operational and analytical centers included in the pilot program;

    Inserted: (8) provide for a representative of the Department of Homeland Security to be assigned to each operational and analytical center to facilitate the immediate utilization, where practicable, of such actionable intelligence and homeland security information; and

    Show 12 more inserted paragraphsShow less

    Inserted: (9) develop metrics to assess the capability of such pilot program to improve border security.

    Inserted: (d) Strategy Coordination.--In establishing the pilot program under subsection (a), the Director of National Intelligence shall coordinate the intelligence activities of the pilot program with the relevant activities and programs of other elements of the intelligence community.

    Inserted: (e) Headquarters.--The Secretary of Homeland Security and the Director of National Intelligence may establish a headquarters for the pilot program established pursuant to subsection (a) within the area designated as the pilot area pursuant to subsection (b).

    Inserted: (f) Duration.--The pilot program established pursuant to subsection (a) shall last a minimum of two years.

    Inserted: (g) Report.--Not later than one year after the establishment of the pilot program pursuant to subsection (a), the Secretary of Homeland Security and the Director of National Intelligence shall submit to Congress a report containing--

    Inserted: (1) the lessons learned from such pilot program based on the metrics developed pursuant to subsection (c)(9);

    Inserted: (2) recommendations for enhancing the provision and sharing of intelligence and homeland security information relating to border security under the National Strategy for Border Security submitted pursuant to section 102(b) and with other programs of the intelligence community relating to border security; and

    Inserted: (3) an identification of any provisions of law that may impede effective coordination of intelligence and homeland security information relating to the southwest international land and maritime border of the United States.

    Inserted: (h) Definitions.--In this section:

    Inserted: (1) Homeland security information.--The term "homeland security information" has the meaning given the term in section 892(f)(1) of the Homeland Security Act of 2002 (6 U.S.C. 482(f)(1)).

    Inserted: (2) Intelligence community.--The term "intelligence community" has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

    Inserted: (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section .

    Original wording

    At the end of title III, add the following new section:

20. 20

    Change 20: Inserts new text at the end of section 401(c)

    Inserts

    In H.R. 4437 · Reported in House

    (2) Treatment of certain aliens.--The mandatory detention requirement in subsection (a) does not apply to any alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations.

    Inserted: (3) Discretion.--Nothing in this section shall be construed as limiting the authority of the Secretary of Homeland Security, in the Secretary's sole unreviewable discretion, to determine whether an alien described in clause (ii) of section 235(b)(1)(B) of the Immigration and Nationality Act shall be detained or released after a finding of a credible fear of persecution (as defined in clause (v) of such section).

    Original wording

    In section 401(c), add at the end the following paragraph:

21. 21

    Change 21: Inserts “the Department of Transportation,” after “Justice,”

    InsertsSection 431(e) of the Homeland Security Act of 2002, as added by section 502(a)

    …Justice,[inserted: the Department of Transportation,]…

    Original wording

    In section 431(e) of the Homeland Security Act of 2002, as added by section 502(a), insert “the Department of Transportation,” after “Justice,”.

22. 22

    Change 22: Rewrites section 601(a)(1)(B)(vi)

    Replaces

    In H.R. 4437 · Reported in House

    Struck: (vi) by striking the last sentence.

    Inserted: (vi) by striking the last sentence and inserting the following: "The Secretary of Homeland Security shall waive the application of clause (v) in the case of removal of an alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations.

    Original wording

    Amend clause (vi) of section 601(a)(1)(B) to read as follows:

23. 23

    Change 23: Replaces “procedures described” at the section 602(a) with “rules set forth”

    Replaces

    [struck: procedures described][inserted: rules set forth]

    Original wording

    (A) strike “procedures described” and insert “rules set forth”; and

24. 24

    Change 24: Replaces “procedures described” at the section 602(a)(1) with “rules set forth”

    Replaces

    [struck: procedures described][inserted: rules set forth]

    Original wording

    (A) in paragraph (1), strike “procedures described” and insert “rules set forth”;

25. 25

    Change 25: Strikes “subparagraph (A) if” at the section 602(a)(3)(B)(i)

    Strikes

    Struck: subparagraph (A) if

    Original wording

    (B) in paragraph (3)(B)(i) strike “subparagraph (A) if”

26. 26

    Change 26: Replaces “section 103(d)(1)” at the section 611 with “sections 103(d)(1) and 105(a)(2)(A)”

    Replaces

    In H.R. 4437 · Reported in House

    SEC. 611. TECHNICAL CORRECTION FOR EFFECTIVE DATE IN CHANGE IN INADMISSIBILITY FOR TERRORISTS UNDER REAL ID ACT.

    Effective as if included in the enactment of Public Law 109-13, [struck: section][inserted: sections] 103(d)(1) [inserted: and 105(a)(2)(A) ]of the REAL ID Act of 2005 (division B of such Public Law) is amended by inserting ", deportation, and exclusion" after "removal".

    Original wording

    (1) strike “section 103(d)(1)” and insert “sections 103(d)(1) and 105(a)(2)(A)”; and

27. 27

    Change 27: Replaces “is amended” at the section 611 with “are each amended”

    Replaces

    In H.R. 4437 · Reported in House

    SEC. 611. TECHNICAL CORRECTION FOR EFFECTIVE DATE IN CHANGE IN INADMISSIBILITY FOR TERRORISTS UNDER REAL ID ACT.

    Effective as if included in the enactment of Public Law 109-13, section 103(d)(1) of the REAL ID Act of 2005 (division B of such Public Law) [struck: is ][inserted: are each ]amended by inserting ", deportation, and exclusion" after "removal".

    Original wording

    (2) strike “is amended” and insert “are each amended”.

28. 28

    Change 28: Adds SEC. 615. REPORT ON CRIMINAL ALIEN PROSECUTION at the end of title VI

    Adds a section

    In H.R. 4437 · Reported in House

    (c) Effective Date.--The amendments made by this section shall apply to any act that occurred before, on, or after the date of the enactment of this Act, and 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.

    Inserted: SEC. 615. REPORT ON CRIMINAL ALIEN PROSECUTION.

    Inserted: Not later than one year after the date of the enactment of this Act and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the status of criminal alien prosecutions, including prosecutions of human smugglers.

    Inserted: SEC. 616. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED WITH FEDERAL OFFENSES.

    Inserted: (a) Responsibility of United States Attorneys.--Beginning 2 years after the date of the enactment of this Act, the office of the United States attorney that is prosecuting a criminal case in a Federal court--

    Inserted: (1) shall determine, not later than 30 days after filing the initial pleadings in the case, whether each defendant in the case is lawfully present in the United States (subject to subsequent legal proceedings to determine otherwise);

    Inserted: (2)(A) if the defendant is determined to be an alien lawfully present in the United States, shall notify the court in writing of the determination and the current status of the alien under the Immigration and Nationality Act; and

    Inserted: (B) if the defendant is determined not to be lawfully present in the United States, shall notify the court in writing of the determination, the defendant's alien status, and, to the extent possible, the country of origin or legal residence of the defendant; and

    Inserted: (3) ensure that the information described in paragraph (2) is included in the case file and the criminal records system of the office of the United States attorney.

    Inserted: The determination under paragraph (1) shall be made in accordance with guidelines of the Executive Office for Immigration Review of the Department of Justice.

    Inserted: (b) Responsibilities of Federal Courts.--

    Inserted: (1) Modifications of records and case managements systems.--Not later than 2 years after the date of the enactment of this Act, all Federal courts that hear criminal cases, or appeals of criminal cases, shall modify their criminal records and case management systems, in accordance with guidelines which the Director of the Administrative Office of the United States Courts shall establish, so as to enable accurate reporting of information described in paragraph (2) of subsection (a).

    Inserted: (2) Data entries.--Beginning 2 years after the date of the enactment of this Act, each Federal court described in paragraph (1) shall enter into its electronic records the information contained in each notification to the court under subsection (a)(2).

    Show 4 more inserted paragraphsShow less

    Inserted: (c) Annual Report to Congress.--The Director of the Administrative Office of the United States Courts shall include, in the annual report filed with the Congress under section 604 of title 28, United States Code--

    Inserted: (1) statistical information on criminal trials of aliens in the courts and criminal convictions of aliens in the lower courts and upheld on appeal, including the type of crime in each case and including information on the legal status of the aliens; and

    Inserted: (2) recommendations on whether additional court resources are needed to accommodate the volume of criminal cases brought against aliens in the Federal courts.

    Inserted: (d) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2007 through 2012, such sums as may be necessary to carry out this Act. Funds appropriated pursuant to this subsection in any fiscal year shall remain available until expended.

    Original wording

    Add at the end of title VI, the following new sections:

29. 29

    Change 29: Adds SEC. 807. CLARIFICATION OF JURISDICTION ON REVIEW at the end of title VIII

    Adds a section

    In H.R. 4437 · Reported in House

    (b) Effective Date.--The amendment made by subsection (a) shall apply to visas issued on or after the date that is 90 days after the date of the enactment of this Act. Union Calendar No. 192

    Inserted: SEC. 807. CLARIFICATION OF JURISDICTION ON REVIEW.

    Inserted: (a) Review of Discretionary Determinations.--Section 242(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended--

    Inserted: (1) by inserting before "no court" the following: "and regardless of whether the individual determination, decision, or action is made in removal proceedings,";

    Inserted: (2) in clause (i), by striking "any judgment" and inserting "any individual determination"; and

    Inserted: (3) in clause (ii)--

    Inserted: (A) by inserting "discretionary" after "any other";

    Inserted: (B) by striking "the authority for which is specified under this title to be in the discretion of the Attorney General or the Secretary of Homeland Security," and inserting "under this title or the regulations promulgated hereunder,"; and

    Inserted: (C) by striking the period at the end and inserting the following: ", irrespective of whether such decision or action is guided or informed by standards, regulatory or otherwise.".

    Inserted: (b) Review of Orders Against Criminal Aliens.--Section 242(a)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(C)) is amended by inserting after "of removal" the following: "(irrespective of whether relief or protection was denied on the basis of the alien's having committed a criminal offense)".

    Inserted: (c) Effective Date.--The amendments made by this section shall apply to petitions for review that are pending on or after the date of the enactment of this Act.

    Inserted: SEC. 808. FEES AND EXPENSES IN JUDICIAL PROCEEDINGS.

    Inserted: (a) In General.--Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended by adding at the end the following new subsection:

    Show 2 more inserted paragraphsShow less

    Inserted: "(i) Notwithstanding any other provision of law, a court shall not award fees or other expenses to an alien based upon the alien's status as a prevailing party in any proceedings relating to an order of removal issued under this Act, unless the court of appeals concludes that the Attorney General's determination that the alien was removable under section 212 or 237 was not substantially justified.".

    Inserted: (b) Effective Date.--The amendment made by subsection (a) shall apply to fees or other expenses awarded on or after the date of the enactment of this Act.

    Original wording

    At the end of title VIII add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed