S.Amdt. 1490

1. 1

   Change 1: Rewrites page 1008, line 18 through page 1009, line 22

   ReplacesPrinted page

   Removes page 1008, line 18 through page 1009, line 22 of the printed bill. See that page

   Inserted: (2) Required disclosures.--The Secretary shall provide the information furnished in an application filed under section 245B, 245C, 245D, or 245F of this Act or section 2211 of the Border Security, Economic Opportunity, and Immigration Modernization Act, and any other information derived from such furnished information to--

   Inserted: (A) a law enforcement agency, intelligence agency, national security agency, a component of the Department of Homeland Security, court, or grand jury, in each instance about an individual suspect or group of suspects, consistent with law, in connection with--

   Inserted: (i) a criminal investigation or prosecution;

   Inserted: (ii) a national security investigation or prosecution; or

   Inserted: (iii) a duly authorized investigation of a civil violation; and

   Inserted: (B) an official coroner for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime.

   Inserted: (3) Inapplicability after denial.--The limitations set forth in paragraph (1)--

   Inserted: (A) shall apply only until--

   Inserted: (i) an application filed under section 245B, 245C, 245D, or 245F of this Act or section 2211 of the Border Security, Economic Opportunity, and Immigration Modernization Act is denied; and

   Inserted: (ii) all opportunities for administrative appeal of the denial have been exhausted; and

   Inserted: (B) shall not apply to the use of the information furnished pursuant to such application in any removal proceeding or other criminal or civil case or action relating to an alien whose application has been granted that is based upon any violation of law committed or discovered after such grant.

   Inserted: (4) Criminal convictions.--Notwithstanding any other provision of this section, information concerning whether the applicant has, at any time, been convicted of a crime may be used or released for immigration enforcement and law enforcement purposes.

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   Inserted: (5) Auditing and evaluation of information.--The Secretary may--

   Inserted: (A) audit and evaluate information furnished as part of any application filed under section 245B, 245C, 245D, or 245F for purposes of identifying immigration fraud or fraud schemes; and

   Inserted: (B) use any evidence detected by means of audits and evaluations for purposes of investigating, prosecuting, referring for prosecution, or denying or terminating immigration benefits.

   Inserted: (6) Use of information in petitions and applications subsequent to adjustment of status.--If the Secretary has adjusted an alien's status to that of an alien lawfully admitted for permanent residence pursuant to section 245C, 245D, or 245F, the Secretary, at any time thereafter, may use the information furnished by the alien in the application for adjustment of status or in an application for status under section 245B, 245C, 245D, or 245F to make a determination on any petition or application.

   Inserted: (7) Construction.--Nothing in this section may be construed to limit the use or release, for immigration enforcement purposes, of information contained in files or records of the Secretary or the Attorney General pertaining to applications filed under section 245B, 245C, 245D, or 245F other than information furnished by an applicant in the application, or any other information derived from the application, that is not available from any other source.

   Original wording

   On page 1008, strike line 18 and all that follows through page 1009, line 22, and insert the following:

2. 2

   Change 2: Adds SEC. 2110. VISA INFORMATION SHARING on page 1038, between lines 9 and 10

   Adds a sectionPrinted page

   Inserted: SEC. 2110. VISA INFORMATION SHARING.

   Inserted: Section 222(f) (8 U.S.C. 1202(f)) is amended--

   Inserted: (1) in the matter preceding paragraph (1), by striking "issuance or refusal" and inserting "issuance, refusal, or revocation"; and

   Inserted: (2) in paragraph (2)--

   Inserted: (A) in the matter preceding subparagraph (A), by striking "discretion and on the basis of reciprocity," and inserting "discretion,";

   Inserted: (B) by striking subparagraph (A) and inserting the following:

   Inserted: "(A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of--

   Inserted: "(i) preventing, investigating, or punishing acts that would constitute a crime in the United States, including terrorism or trafficking in controlled substances, persons, or illicit weapons; or

   Inserted: "(ii) determining a person's removability or eligibility for a visa, admission, or other immigration benefit;";

   Inserted: (C) in subparagraph (B)--

   Inserted: (i) by striking "for the purposes" and inserting "for one of the purposes"; and

   Inserted: (ii) by striking "or to deny visas to persons who would be inadmissible to the United States." and inserting "; or"; and

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

   Inserted: "(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.".

   Original wording

   On page 1038, between lines 9 and 10, insert the following:

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

As printed