S.Amdt. 1619

SA 1619. Mr. CORNYN 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 end of the amendment, add the following:

SEC. __. PROTECTION OF NATIONAL SECURITY AND PUBLIC SAFETY.

(a) Disclosures.--Section 245E(a) (as amended by section
2104(a)) is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) Required disclosures.--The Secretary shall provide
the information furnished in an application filed under
section 245B, 245C, 245D, or 245F of this Act or section 2211
of the Border Security, Economic Opportunity, and Immigration
Modernization Act, and any other information derived from
such furnished information to--
``(A) a law enforcement agency, intelligence agency,
national security agency, a component of the Department of
Homeland Security, court, or grand jury, in each instance
about an individual suspect or group of suspects, consistent
with law, in connection with--
``(i) a criminal investigation or prosecution;
``(ii) a national security investigation or prosecution; or
``(iii) a duly authorized investigation of a civil
violation; and
``(B) an official coroner for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
``(3) Inapplicability after denial.--The limitations set
forth in paragraph (1)--
``(A) shall apply only until--
``(i) an application filed under section 245B, 245C, 245D,
or 245F of this Act or section 2211 of the Border Security,
Economic Opportunity, and Immigration Modernization Act is
denied; and
``(ii) all opportunities for administrative appeal of the
denial have been exhausted; and
``(B) shall not apply to the use of the information
furnished pursuant to such application in any removal
proceeding or other criminal or civil case or action relating
to an alien whose application has been granted that is based
upon any violation of law committed or discovered after such
grant.
``(4) Criminal convictions.--Notwithstanding any other
provision of this section, information concerning whether the
applicant has, at any time, been convicted of a crime may be
used or released for immigration enforcement and law
enforcement purposes.
``(5) Auditing and evaluation of information.--The
Secretary may--
``(A) audit and evaluate information furnished as part of
any application filed under section 245B, 245C, 245D, or 245F
for purposes of identifying immigration fraud or fraud
schemes; and
``(B) use any evidence detected by means of audits and
evaluations for purposes of investigating, prosecuting,
referring for prosecution, or denying or terminating
immigration benefits.
``(6) Use of information in petitions and applications
subsequent to adjustment of status.--If the Secretary has
adjusted an alien's status to that of an alien lawfully
admitted for permanent residence pursuant to section 245C,
245D, or 245F, the Secretary, at any time thereafter, may use
the information furnished by the alien in the application for
adjustment of status or in an application for status under
section 245B, 245C, 245D, or 245F to make a determination on
any petition or application.
``(7) Construction.--Nothing in this section may be
construed to limit the use or release, for immigration
enforcement purposes, of information contained in files or
records of the Secretary or the Attorney General pertaining
to applications filed under section 245B, 245C, 245D, or 245F
other than information furnished by an applicant in the
application, or any other information derived from the
application, that is not available from any other source.''.
(b) Visa Information Sharing.--Section 222(f) (8 U.S.C.
1202(f)) is amended--
(1) in the matter preceding paragraph (1), by striking
``issuance or refusal'' and inserting ``issuance, refusal, or
revocation''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``discretion and on the basis of reciprocity,'' and inserting
``discretion,'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) with regard to individual aliens, at any time on a
case-by-case basis for the purpose of--
``(i) preventing, investigating, or punishing acts that
would constitute a crime in the United States, including
terrorism or trafficking in controlled substances, persons,
or illicit weapons; or
``(ii) determining a person's removability or eligibility
for a visa, admission, or other immigration benefit;'';
(C) in subparagraph (B)--
(i) by striking ``for the purposes'' and inserting ``for
one of the purposes''; and
(ii) by striking ``or to deny visas to persons who would be
inadmissible to the United States.'' and inserting ``; or'';
and
(D) by adding at the end the following:

[[Page S5078]]

``(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.''.
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