S.Amdt. 1204

1. Adds TITLE __---BORDER ENFORCEMENT AND VISA SECURITY wherever appropriate

   Adds a title

   Inserted: TITLE __---BORDER ENFORCEMENT AND VISA SECURITY

   Inserted: Sec. _01.(a) Not later than December 31, 2006, the Secretary of Homeland Security shall make the expedited removal procedures under section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) available in all border patrol sectors on the borders of the United States.

   Inserted: (b) Section 235(b)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)(i)) is amended by inserting "a supervisory" before "officer shall".

   Inserted: Sec. _02.(a) The Secretary of Homeland Security shall provide all customs and border protection officers with training in identifying and detecting fraudulent travel documents. Such training shall be developed in consultation with the Forensic Document Laboratory of the Immigration and Customs Enforcement.

   Inserted: (b) The Secretary of Homeland Security shall provide all customs and border protection officers with access to the Forensic Document Laboratory.

   Inserted: Sec. _03. Section 303 of Public Law 107-173 (8 U.S.C. 1732) is amended--

   Inserted: (1) in the header, by striking "ENTRY AND EXIT DOCUMENTS" and inserting "TRAVEL AND ENTRY DOCUMENTS AND EVIDENCE OF STATUS";

   Inserted: (2) in subsection (b)(1)--

   Inserted: (A) by striking "Not later than October 26, 2004, the Attorney General" and inserting "The Secretary of Homeland Security"; and

   Inserted: (B) by striking "visas and" each place it appears and inserting "visas, evidence of status, and";

   Inserted: (3) by redesignating subsection (d) as subsection (e); and

   Inserted: (4) by inserting after subsection (c) the following:

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   Inserted: "(d) Other Documents.--Not later than October 26, 2007, every document, other than an interim document, issued by the Department of Homeland Security, which may be used as evidence of immigrant, nonimmigrant, parole, asylee, or refugee status, shall be machine-readable, tamper-resistant, and allow biometric authentication.".

   Inserted: Sec. _04. Section 222(g) of the Immigration and Nationality Act (8 U.S.C. 1202(g)) is amended--

   Inserted: (1) in paragraph (1), by inserting "and any other nonimmigrant visa issued by the United States that is in the possession of the alien" after "such visa"; and

   Inserted: (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".

   Inserted: Sec. _05.(a) Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended--

   Inserted: (1) in subsection (a)(7), by adding at the end the following:

   Inserted: "(C) Withholders of biometric data.--Any alien who fails to comply with a lawful request for biometric data under section 215(c) or 235(d) is inadmissible."; and

   Inserted: (2) in subsection (d), by inserting after paragraph (1) the following:

   Inserted: "(2) The Secretary of Homeland Security shall determine whether a ground for inadmissibility exists with respect to an alien described in subparagraph (C) subsection (a)(7) and may waive the application of such subparagraph, for an individual alien or a class of aliens, at the discretion of the Secretary.".

   Inserted: (b) Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) is amended--

   Inserted: (1) by redesignating subsection (c) as subsection (g); and

   Inserted: (2) by inserting after subsection (b) the following:

   Inserted: "(c) The Secretary of Homeland Security is authorized to require aliens departing the United States to provide biometric data and other information relating to their immigration status.".

   Inserted: (c) Section 235(d) of the Immigration and Nationality Act (8 U.S.C. 1185(d)) is amended by adding at the end the following:

   Inserted: "(5) Authority to collect biometric data.--In conducting inspections under subsection (b), immigration officers are authorized to collect biometric data from--

   Inserted: "(A) any applicant for admission or alien seeking to transit through the United States; or

   Inserted: "(B) any lawful permanent resident who is entering the United States, but is not regarded as seeking admission under section 101(a)(13)(C).".

   Inserted: (d) Section 252 of the Immigration and Nationality Act (8 U.S.C. 1282) is amended by inserting "Immigration officers are authorized to collect biometric data from any alien crewman seeking permission to land temporarily in the United States." after "this title.".

   Inserted: (e) Not later than 6 months after the date of enactment of this Act, the Secretary shall submit a report to Congress on the full implementation of the exit portion of US-VISIT.

   Inserted: Sec. _06.(a) Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1226(a)(2)) is amended--

   Inserted: (1) by striking "on";

   Inserted: (2) in subparagraph (A)--

   Inserted: (A) by inserting "except as provided under subparagraph (B), upon the giving of a"; and

   Inserted: (B) by striking "or" at the end;

   Inserted: (3) by redesignating subparagraph (B) as subparagraph (C); and

   Inserted: (4) by inserting after subparagraph (A) the following:

   Inserted: "(B) if the alien is a national of a noncontiguous country, has not been admitted or paroled into the United States, and was apprehended within 100 miles of the international border of the United States or presents a flight risk, as determined by the Secretary of Homeland Security, upon the giving of a bond of at least $5,000 with security approved by, and containing conditions prescribed by, the Secretary of Homeland Security or the Attorney General; or".

   Inserted: (b) Not later than 2 years after the effective date of this Act, the Secretary of Homeland Security shall submit a report to Congress that summarizes the implementation of the amendment made by subsection (a).

   Inserted: Sec. _07. Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)) is amended--

   Inserted: (1) by striking "On being notified" and inserting the following:

   Inserted: "(1) In general.--Upon notification"; and

   Inserted: (2) by striking "Attorney General" each place it appears and inserting "Secretary of Homeland Security"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(2) Denial of admission.--The Secretary of Homeland Security, after making a determination that the government of a foreign country has denied or unreasonably delayed accepting an alien who is a citizen, subject, national, or resident of that country after the alien has been ordered removed, and after consultation with the Secretary of State, may deny admission to any citizen, subject, national or resident of that country until the country accepts the alien that was ordered removed.".

   Inserted: Sec. _08.(a) Section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) is amended--

   Inserted: (1) by striking "Attorney General" and inserting "Secretary of Homeland Security"; and

   Inserted: (2) by adding at the end the following: "Reinstatement under this paragraph shall not require a proceeding under section 240.".

   Inserted: (b)(1) The amendment made by subsection (a)(1) shall take effect as if enacted on March 1, 2003.

   Inserted: (2) The amendments made by subsection (a) shall take effect on September 30, 1996, as if included in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104-208).

   Inserted: Sec. _09.(a) The Attorney General and the Secretary of Homeland Security shall continue to operate and implement the Institutional Removal Program, which identifies removable criminal aliens in Federal and State correctional facilities, ensures such aliens are not released into the community, and removes such aliens from the United States after the completion of their sentences.

   Inserted: (b) The Institutional Removal Program shall be made available to all States.

   Inserted: (c) Law enforcement officers of a State or political subdivision of a State are authorized to hold an illegal alien for a period of up to 14 days after the alien has completed the alien's State prison sentence in order to effectuate the transfer of the alien to Federal custody when the alien is removable or not lawfully present in the United States.

   Inserted: (d) Technology, such as videoconferencing, shall be used to the maximum extent practicable in order to make the Institutional Removal Program available to facilities in remote locations.

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   Original wording

   At the appropriate place, insert the following:

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As printed