S.Amdt. 1607

SA 1607. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch)
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:
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''.

At the end of section 3301(b), add 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:

[[Page S5057]]

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 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:

[[Page S5058]]

(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 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.

[[Page S5059]]

(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 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.

[[Page S5060]]

``(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.
(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

[[Page S5061]]

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
(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;

[[Page S5062]]

``(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 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

[[Page S5063]]

(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 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.

[[Page S5064]]

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.

``(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.

[[Page S5065]]

``(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 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:

[[Page S5066]]

``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
(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)

[[Page S5067]]

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
``(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

[[Page S5068]]

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
``(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

[[Page S5069]]

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'';
(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

[[Page S5070]]

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.
(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

[[Page S5071]]

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:
``(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

[[Page S5072]]

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
``(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.

Strike section 4411 and insert the following:

SEC. 4411. REQUIRING HEIGHTENED SCRUTINY OF APPLICATIONS FOR
ADMISSION FROM PERSONS LISTED ON TERRORIST
DATABASES.

Section 222 (8 U.S.C. 1202), as amended by section 4410, is
further amended by adding at the end the following:
``(j) Requiring Heightened Scrutiny of Applications for
Admission From Persons Listed on Terrorist Databases.--
``(1) Requirement for biographic and biometric screening.--
Notwithstanding any other provision of this Act, the
Secretary of State shall require every alien applying for
admission to the United States to submit to biographic and
biometric screening to determine whether the alien's name or
biometric information is listed in any terrorist watch list
or database maintained by any agency or department of the
United States.
``(2) Exclusions.--No alien applying for a visa to the
United States shall be granted such visa by a consular
officer if the alien's name or biometric information is
listed in any terrorist watch list or database referred to in
paragraph (1) unless--
``(A) screening of the alien's visa application against
interagency counterterrorism screening systems which compare
the applicant's information against data in all
counterterrorism watch lists and databases reveals no
potentially pertinent links to terrorism;
``(B) the consular officer submits the application for
further review to the Secretary of State and the heads of
other relevant agencies, including the Secretary of Homeland
Security and the Director of National Intelligence; and
``(C) the Secretary of State, after consultation with the
Secretary of Homeland Security, the Director of National
Intelligence, and the heads of other relevant agencies,
certifies that the alien is admissible to the United
States.''.

Section 4412 is amended by striking ``Section 428'' and
insert the following:
(a) 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

[[Page S5073]]

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) (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.
(b) 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''.
(c) Visa Revocation Information.--Section 428

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

SEC. 4418. CANCELLATION OF ADDITIONAL VISAS.

(a) In General.--Section 222(g) (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
(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. 4419. VISA INFORMATION SHARING.

(a) In General.--Section 222(f) (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. 4420. AUTHORIZING THE DEPARTMENT OF STATE TO NOT
INTERVIEW CERTAIN INELIGIBLE VISA APPLICANTS.

(a) In General.--Section 222(h)(1) (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. 4421. 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. 4422. 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. 4423. 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. 4424. 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. 4425. 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

[[Page S5074]]

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. 4426. 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.
``(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. 4427. 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. 4428. 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. 4429. 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. 4430. 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. 4431. 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. 4432. DEFINITIONS.

(a) Definitions.--In 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) (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:

[[Page S5075]]

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 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)).''.
______