S.Amdt. 1643

SA 1643. Mr. COBURN 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:

In section 245B(c) of the Immigration and Nationality Act,
as added by section 2101(a) of this amendment, strike
paragraphs (8) through (10) and insert the following:
``(8) Security and law enforcement clearances.--
``(A) Biometric and biographic data.--The Secretary may not
grant registered provisional immigrant status to an alien or
an alien dependent spouse or child under this section unless
such alien submits biometric and biographic data in
accordance with procedures established by the Secretary.
``(B) Alternative procedures.--The Secretary shall provide
an alternative procedure for applicants who cannot provide
the biometric data required under subparagraph (A) because of
a physical impairment.
``(C) Clearances and other prerequisites.--
``(i) In general.--Before any alien may be granted
registered provisional immigrant status, the Secretary
shall--

``(I) enable all aliens applying for such status to file
applications electronically;
``(II) ensure that in addition to the submission of
biometric and biographic data under subparagraph (A), an
alien applying for such status submits to national security
and law enforcement clearances, which shall be paid for with
the fees collected under paragraph (10)(A) and shall
include--

``(aa) a State and local criminal background check through
the National Law Enforcement Telecommunication System,
including the exchange of interstate driver license photos,
if available;
``(bb) a fingerprint check by the Federal Bureau of
Investigation;
``(cc) verification that the alien is not listed on the
consolidated terrorist watch list of the Federal Government;
``(dd) screening by the Office of Biometric and Identity
Management (formerly known as `US-VISIT'); and
``(ee) a check against the TECS system (formerly known as
the `Treasury Enforcement Communications System');

``(III) ensure that an official of the agency performing
each such clearance documents the results of the clearance;
and
``(IV) establish procedures to ensure that a minimum of 5
percent of the aggregate pool of applicants for registered
provisional immigrant status at any time are randomly
selected for interviews.

``(ii) Additional security screening.--The Secretary, in
consultation with the Secretary of State and other
interagency partners, shall conduct an additional security
screening upon determining, in the Secretary's opinion based
upon information related to national security, that an alien
or alien dependent spouse or child is or was a citizen or
long-term resident of a region or country known to pose a
threat, or that contains groups or organizations that pose a
threat, to the national security of the United States.
``(iii) Prerequisite.--The required clearances and
screenings described in clauses (i)(I) and (ii) shall be
completed before the alien may be granted registered
provisional immigrant status.
``(9) Duration of status and extension.--
``(A) In general.--The initial period of authorized
admission for a registered provisional immigrant--
``(i) shall remain valid for 6 years unless revoked
pursuant to subsection (d)(2); and
``(ii) may be extended for additional 6-year terms if--

``(I) the alien remains eligible for registered provisional
immigrant status;
``(II) the alien meets the employment requirements set
forth in subparagraph (B);
``(III) the alien has successfully passed background checks
that are equivalent to the background checks described in
section 245D(b)(1)(E); and
``(IV) such status was not revoked by the Secretary for any
reason.

``(B) Employment or education requirement.--Except as
provided in subparagraphs (D) and (E) of section 245C(b)(3),
an alien may not be granted an extension of registered
provisional immigrant status under this paragraph unless the
alien establishes that, during the alien's period of status
as a registered provisional immigrant, the alien--
``(i)(I) was regularly employed throughout the period of
admission as a registered provisional immigrant, allowing for
brief periods lasting not more than 60 days; and
``(II) is not likely to become a public charge (as
determined under section 212(a)(4)); or
``(ii) is able to demonstrate average income or resources
that are not less than 100 percent of the Federal poverty
level throughout the period of admission as a registered
provisional immigrant.
``(C) Payment of taxes.--An applicant may not be granted an
extension of registered provisional immigrant status under
subparagraph (A)(ii) unless the applicant has satisfied any
applicable Federal tax liability in accordance with paragraph
(2).
``(10) Fees and penalties.--
``(A) Standard processing fee.--
``(i) In general.--Aliens who are 16 years of age or older
and are applying for registered provisional immigrant status
under paragraph (1), or for an extension of such status under
paragraph (9)(A)(ii), shall pay a processing fee to the
Department of Homeland Security in an amount determined by
the Secretary.
``(ii) Recovery of costs.--The processing fee authorized
under clause (i) shall be set at a level that is sufficient
to recover the full costs of processing the application,
including any costs incurred--

``(I) to adjudicate the application;
``(II) to take and process biometrics;
``(III) to perform national security and criminal checks,
clearances, and other prerequisites required under paragraph
(8)(C), including adjudication;
``(IV) to prevent and investigate fraud; and
``(V) to administer the collection of such fee.

``(iii) Authority to limit fees.--The Secretary, by
regulation, may--

``(I) limit the maximum processing fee payable under this
subparagraph by a family, including spouses and unmarried
children younger than 21 years of age; and
``(II) exempt defined classes of individuals, including
individuals described in section 245B(c)(13), from the
payment of the fee authorized under clause (i).

``(B) Deposit and use of processing fees.--Fees collected
under subparagraph (A)(i)--
``(i) shall be deposited into the Immigration Examinations
Fee Account pursuant to section 286(m); and
``(ii) shall remain available until expended pursuant to
section 286(n).
``(C) Penalty.--
``(i) Payment.--In addition to the processing fee required
under subparagraph (A), aliens not described in section
245D(b)(A)(ii) who are 21 years of age or older and are
filing an application under this subsection shall pay a
$1,000 penalty to the Department of Homeland Security.
``(ii) Installments.--The Secretary shall establish a
process for collecting payments required under clause (i)
that permits the penalty under that clause to be paid in
periodic installments that shall be completed before the
alien may be granted an extension of status under paragraph
(9)(A)(ii).
``(iii) Deposit.--Penalties collected pursuant to this
subparagraph shall be deposited into the Comprehensive
Immigration Reform Trust Fund established under section
6(a)(1) of the Border Security, Economic Opportunity, and
Immigration Modernization Act.''.
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