Congressional Record publishes “TEXT OF AMENDMENTS” on June 24, 2013

Volume 159, No. 91 covering the 1st Session of the 113th Congress (2013 - 2014) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S5030-S5098 on June 24, 2013.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 1557. Mr. BLUMENTHAL (for himself, Mrs. Murray, Mr. King, and Mr. Harkin) 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 in the amendment, insert the following:

SEC. ___. WHISTLEBLOWER PROTECTIONS.

(a) In General.--Section 214(c) (8 U.S.C. 1184(c)) is amended by adding at the end the following:

``(15) Whistleblower protections.--

``(A) Prohibitions.--A person may not discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because such employee--

``(i) has filed or is about to file a complaint, instituted or caused to be instituted any proceeding, testified, assisted, or will testify, or cooperated or seeks to cooperate, in an investigation or other proceeding concerning compliance with the requirements under this title or any rule or regulation pertaining to this title or any covered claim;

``(ii) has disclosed or is about to disclose information to the person or to any other person or entity, that the employee reasonably believes evidences a violation of this title or any rule or regulation pertaining to this title, or grounds for any covered claim;

``(iii) has assisted or participated, or is about to assist or participate, in any manner in a proceeding or in any other action to carry out the purposes of this title or any covered claim;

``(iv) furnished, or is about to furnish, information to the Department of Labor, the Department of Homeland Security, the Department of Justice, or any Federal, State, or local regulatory or law enforcement agency relating to a violation of this title or any covered claim; or

``(v) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this Act or any other Act, or any order, rule, regulation, standard, or ban under any Act.

``(B) Enforcement.--

``(i) In general.--An employee who believes that he or she has suffered a violation of subparagraph (A) may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 1514A of title 18, United States Code.

``(ii) Stay of removal.--The Attorney General and the Secretary of Homeland Security, after consulting with the Secretary of Labor and the Secretary of Labor has determined that a claim filed under this section for a violation of subparagraph (A) is not frivolous and demonstrates a prima facie case that a violation has occurred, may stay the removal of the nonimmigrant from the United States for time sufficient to participate in an action taken pursuant to this section. Upon the final disposition of the claim filed under this section, either by the Secretary of Labor or by a Federal court, the Secretary of Homeland Security shall adjust the employee's status consistent with such disposition. A determination to deny a stay of removal under this clause shall not deprive an individual of the right to pursue any other avenue for relief from removal proceedings.

``(iii) Appeal.--

``(I) Jurisdiction.--Any person adversely affected or aggrieved by a final order issued under clause (i) may obtain review of the order in the United States Court of Appeals for--

``(aa) the circuit in which the violation, with respect to which the order was issued, allegedly occurred; or

``(bb) the circuit in which the complainant resided on the date of such violation.

``(II) Filing deadline.--A petition for review under this subparagraph shall be filed not later than 60 days after the date on which the final order was issued by the Secretary of Labor.

``(III) Applicable law.--A review under this subparagraph shall conform to the provisions set forth in chapter 7 of title 5, United States Code.

``(IV) Stay of order.--Unless ordered by the court, the commencement of proceedings under this subparagraph shall not operate as a stay of the order by the Secretary of Labor.

``(C) Education.--Each person, entity, and institution covered by this Act shall--

``(i) prominently communicate to all sectors and ranks of its labor force the rights and responsibilities under this Act; and

``(ii) provide associated education and training to all sectors and ranks of its labor force through notifications, postings, mailings, and training classes, supplemented with publicly accessible online materials on the requirements of, and developments that would affect the implementation of this Act.

``(D) No limitation on rights.--Nothing in this paragraph may be construed to diminish the rights, privileges, or remedies of any person under any Federal or State law, equity, or under any collective bargaining agreement. The rights and remedies set forth in this paragraph may not be waived by any agreement, policy, form, or condition of employment.

``(E) Definitions.--In this paragraph:

``(i) Covered claim.--The term `covered claim' means any claim, petition, charge, complaint, or grievance filed with, or submitted to, a Federal, State, or local agency or court, relating to the violation of applicable Federal or State labor or employment laws.

``(ii) Disclose.--The term `disclose' means to make a formal or informal communication or transmission.

``(iii) Employee.--The term `employee' means--

``(I) a current or former nonimmigrant alien admitted pursuant to section 101(a)(15)(H)(ii)(B); or

``(II) persons performing or formerly performing substantially the same work as such nonimmigrants in a related workplace.''.

(b) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, and after an opportunity for notice and comment, the Secretary of Labor shall promulgate regulations to carry out the amendment made by subsection

(a).

______

SA 1558. Mr. CARPER (for himself, Mr. McCain, and Mr. Udall of Colorado) 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 title I, beginning on page 82, strike line 1 and all that follows through page 83, line 11, and insert the following:

SEC. 1106. DEPLOYING FORCE MULTIPLIERS AT AND BETWEEN PORTS

OF ENTRY.

(a) Analysis of Operational Requirements Between Ports of Entry.--

(1) In general.--As part of the Comprehensive Southern Border Security Strategy required to be submitted section 5(a), and in order to inform the Secretary about the technologies that may need to be redeployed or replaced pursuant to paragraphs (4) and (5) of such section, the Commissioner of U.S. Customs and Border Protection shall undertake a sector by sector analysis of the border to determine the specific technologies that are most effective in identifying illegal cross-border traffic for each particular Border Patrol sector and station along the border in order to achieve the goal of persistent surveillance.

(2) Requirements.--The analysis conducted under paragraph

(1) shall--

(A) include a comparison of the costs and benefits for each type of technology;

(B) estimate total life cycle costs for each type of technology; and

(b) Enhancements.--In order to achieve surveillance between ports of entry along the Southwest border for 24 hours per day and 7 days per week, and using the analysis conducted under subsection (a), the Commissioner of U.S. Customs and Border Protection shall--

(1) deploy additional mobile, video, and man-portable surveillance systems;

(2) ensure, to the extent practicable, that all aerial assets, including assets owned before the date of enactment of this Act, are outfitted with advanced sensors that can be used to detect cross-border activity, including infrared cameras, radars, or other technologies as appropriate;

(3) deploy tethered aerostat systems, including systems to detect low-flying aircraft across the entire border, as well as systems to detect the movement of people and vehicles;

(4) operate unarmed unmanned aerial vehicles equipped with advanced sensors in every Border Patrol sector to ensure coverage for 24 hours per day and 7 days a week, unless--

(A) severe or prevailing weather precludes operations in a given sector;

(B) the Secretary determines that national security requires unmanned aerial vehicles to be deployed elsewhere; or

(C) the Secretary determines that a request from the governor of a State to deploy unmanned aerial vehicles to assist with disaster recovery efforts or extraordinary law enforcement operations is in the national interest;

(5) attempt, to the greatest extent practicable, to provide an alternate form of surveillance in a sector from which the Secretary redeployed an unmanned aerial system pursuant to subparagraph (B) or (C) of paragraph (4);

(6) deploy unarmed additional fixed-wing aircraft and helicopters;

(7) increase horse patrols in the Southwest border region; and

(8) acquire and deploy watercraft and other equipment to provide support for border-related maritime anti-crime activities.

(1) In general.--Notwithstanding subsection (b), U.S. Border Patrol may not operate unarmed, unmanned aerial vehicles in the San Diego and El Centro Sectors, except within 3 miles of the Southern border.

(2) Exception.--The limitation under paragraph (1) shall not restrict--

(A) the maritime operations of U.S. Customs and Border Protection; or

(B) the Secretary's authority to deploy unmanned aerial vehicles--

(i) during a national security emergency;

(ii) in response to a request from the governor of California for assistance during disaster recovery efforts; or

(iii) for other law enforcement purposes.

(d) Fleet Consolidation.--In acquiring technological assets under subsection (b) and section 5(a), the Commissioner of U.S. Customs and Border Protection shall, to the greatest extent practicable, implement a plan for streamlining the fleet of aircraft, helicopters, aerostats, and unmanned aerial vehicles of U.S. Customs and Border Protection to generate savings in maintenance costs and training costs for pilots and other personnel needed to operate the assets.

(e) Analysis of Operational Requirements at Ports of Entry.--

(1) In general.--To help facilitate cross-border traffic and provide increased situational awareness of inbound and outbound trade and travel, and in order to inform the Secretary about the technologies that may need to be redeployed or replaced pursuant to paragraphs (4) and (5) of section 5(a), the Commissioner of U.S. Customs and Border Protection shall--

(A) conduct an assessment of the technology needs at ports of entry; and

(B) prioritize such technology needs based on the results of the assessment conducted pursuant to subparagraph (A).

(2) Requirements.--In carrying out subsection (a), the Commissioner of U.S. Customs and Border Protection shall--

(A) consult with officers and agents in the field; and

(B) consider a variety of fixed and mobile technologies, including--

(i) hand-held biometric and document readers;

(ii) fixed and mobile license plate readers;

(iii) radio frequency identification documents and readers;

(iv) interoperable communication devices;

(v) nonintrusive scanning equipment; and

(vi) document scanning kiosks.

(3) Implementation.--Based on the results of the assessment conducted under this subsection, the Commissioner of U.S. Customs and Border Protection shall deploy additional technologies to land, air, and sea ports of entry.

(f) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated to U.S. Customs and Border Protection such sums as may be necessary to carry out this section during the fiscal years 2014 through 2018.

______

SA 1559. Mr. HEINRICH (for himself, Mr. Udall of New Mexico, and Mrs. Gillibrand) 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 section 1104, add the following:

(e) Land Ports of Entry Construction Projects.--The Secretary shall enhance security, facilitate the movement of people, cargo, and motor vehicles, and efficiently manage resources by working to expeditiously complete land ports of entry construction projects already authorized for construction.

______

SA 1560. Mr. INHOFE 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 subtitle G of title III, add the following:

SEC. 3722. DETENTION OF DANGEROUS ALIENS.

(a) Short Title.--This section may be cited as the ``Keep Our Communities Safe Act of 2013''.

(b) Sense of Congress.--It is the sense of Congress that--

(1) this section should ensure that Constitutional rights are upheld and protected;

(2) it is the intention of the Congress to uphold the Constitutional principles of due process; and

(3) due process of the law is a right afforded to everyone in the United States.

(1) Clerical amendment.--Section 236 (8 U.S.C. 1226) is amended--

(A) by striking ``Attorney General'' each place it appears (except in the second place it appears in subsection

(a)) and inserting ``Secretary of Homeland Security'';

(B) in subsection (a), by inserting ``the Secretary of Homeland Security or'' before ``the Attorney General--''; and

(2) Length of detention.--Section 236 (8 U.S.C. 1226) is amended by adding at the end the following:

``(f) Length of Detention.--

``(1) 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) The length of detention under this section shall not affect detention under section 241 of this Act.''.

(3) Detention of criminal aliens.--Section 236(c)(1) (8 U.S.C. 1226(c)(1)) is amended, by striking the undesignated matter following subparagraph (D) and inserting the following:

``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 (8 U.S.C. 1226) is amended by adding at the end the following:

``(g) Administrative Review.--

``(1) The Attorney General's review of the Secretary's custody determinations under section 236(a) 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.

``(2) The Attorney General's review of the Secretary's custody determinations for the following classes of aliens:

``(A) Aliens in exclusion proceedings.

``(B) Aliens described in sections 212(a)(3) and 237(a)(4).

``(C) Aliens described in section 236(c).

``(D) 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); is 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.--Section 236 (8 U.S.C. 1226) is amended--

(A) in subsection (a)(2)(B), by striking ``conditional parole'' and inserting ``recognizance''; and

(B) in subsection (b), by striking ``parole'' and inserting ``recognizance''.

(d) Aliens Ordered Removed.--Section 241(a) (8 U.S.C. 1231(a)) is amended--

(1) by striking ``Attorney General'' each place it appears, except for the first place it appears in paragraph

(4)(B)(i), and inserting ``Secretary of Homeland Security'';

(2) in paragraph (1)--

(A) by striking subparagraphs (B) and (C) and inserting the following:

``(B) Beginning of period.--The removal period begins on the latest of--

``(i) the date on which the order of removal becomes administratively final;

``(ii) the date on which the alien is taken into such custody if the alien is not in the custody of the Secretary on the date on which the order of removal becomes administratively final; and

``(iii) the date on which the alien is taken into the custody of the Secretary after the alien is released from detention or confinement if the alien is detained or confined

(except for an immigration process) on the date on which the order of removal becomes administratively final.

``(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 (i), a new removal period shall be deemed to have begun on the date on which--

``(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.--The Secretary shall keep an alien described in subparagraphs (A) through (D) of section 236(c)(1) in detention during the extended period described in clause (i).

``(iv) Sole form of relief.--An alien may only seek relief from detention under this subparagraph 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.'';

(3) in paragraph (3)--

(A) in the matter preceding subparagraph (A), by inserting ``or is not detained pursuant to paragraph (6)'' after ``the removal period''; and

(B) by amending subparagraph (D) to read as follows:

``(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.'';

(4) in paragraph (4)(A), by striking ``paragraph (2)'' and inserting ``subparagraph (B)''; and

(5) by amending paragraph (6) to read as follows:

``(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 under 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 under 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

``(AA) the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)(A)) or of 1 or more crimes identified by the Secretary of Homeland Security by regulation, or of 1 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 1 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), if 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 under 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.

``(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 under 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.''.

(e) Severability.--If any of the provisions of this section, any amendment made 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, the amendments made by this section, and the application of the provisions and amendments made by this section to any other person or circumstance shall not be affected by such holding.

(f) Effective Dates.--

(1) Apprehension and detention of aliens.--The amendments made by subsection (c) shall take effect on the date of the enactment of this Act. Section 236 of the Immigration and Nationality Act, as amended by subsection (c), shall apply to any alien in detention under provisions of such section on or after such date of enactment.

(2) Aliens ordered removed.--The amendments made by subsection (d) shall take effect on the date of the enactment of this Act. Section 241 of the Immigration and Nationality Act, as amended by subsection (d), shall 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 of enactment.

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SA 1561. Mr. COATS 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:

On page 75, after line 25, add the following:

(4) Land ports of entry.--The Secretary and the Administrator of the General Services Administration may upgrade, expand, or replace existing land ports of entry to facilitate safe, secure, and efficient cross border movement of people, motor vehicles, and cargo.

______

SA 1562. Mr. COATS 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:

SEC. __. BREACHED BOND/DETENTION FUND DEPOSITS.

Section 286(r) (8 U.S.C. 1356(r)) is amended--

(1) by striking paragraph (2) and inserting the following:

``(2) There shall be deposited--

``(A) as offsetting receipts into the Fund all breached cash and surety bonds, posted under this Act which are recovered by the Department of Homeland Security, and amounts described in section 245(i)(3)(B).; and

``(B) into the Fund unclaimed moneys from the `Unclaimed Moneys of Individuals Whose Whereabouts are Unknown' account established pursuant to 31 U.S.C. 1322, from cash received as security on immigration bonds and interest that accrued on such cash, that remains unclaimed for a period of at least 10 years from the date it was first transferred into Treasury's Unclaimed Moneys account if the transfer of the unclaimed moneys will occur only after electronic notice is posted for six months and the moneys remain unclaimed after such notice.'';

(2) in paragraph (3), by striking ``Attorney General'' and inserting ``Secretary of Homeland Security'';

(3) in paragraph (5)--

(A) by striking ``Attorney General'' and inserting

``Secretary of Homeland Security''; and

(B) by striking ``transfers to the general fund,''; and

(4) by striking paragraph (6).

______

SA 1563. Mr. COATS 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 3, beginning on page 3, strike line 5 and all that follows through ``(i)'' on page 4, line 7, and insert the following:

(1) Processing of applications for registered provisional immigrant status.--

(A) In general.--Not earlier than the date on which the Secretary submits to Congress a certification that the Secretary has maintained effective control of high-risk border sectors along the Southern border for a period of not less than 6 months, the Secretary may commence processing applications for registered provisional immigrant status pursuant to section 245B of the Immigration and Nationality Act, as added by section 2101 of this Act.

(B) High-risk border sector defined.--In this paragraph, the term ``high-risk border sector'' means a border sector in which more than 30,000 individuals were apprehended by the Department during the most recent fiscal year.

(2) Adjustment of status of registered provisional immigrants.--

(A) In general.--Except as provided in subparagraph (B), the Secretary may not adjust the status of aliens who have been granted registered provisional immigrant status, except for aliens granted blue card status under section 2201 of this Act or described in section 245D(b) of the Immigration and Nationality Act, until the Secretary, after consultation with the Comptroller General of the United States, submits to the President and Congress a written certification that--

(i) the Secretary has maintained effective control of the Southern border for a period of not less than 6 months;

(ii)

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SA 1564. Mr. GRASSLEY 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 title II, beginning on page 13, strike line 20 and all that follows through page 26, line 4, and insert the following:

``(6) Eligibility after departure.--An alien who departed from the United States while subject to an order of exclusion, deportation, or removal, or pursuant to an order of voluntary departure and who is outside of the United States, or who has reentered the United States illegally after December 31, 2011 without receiving the Secretary's consent to reapply for admission under section 212(a)(9), shall not be eligible to file an application for registered provisional immigrant status.

``(7) Suspension of removal during application period.--A registered provisional immigrant may not be detained by the Secretary or removed from the United States unless the Secretary determines that--

``(A) such alien is, or has become, removable for any grounds under section 237 for causes arising subsequent to the application or receipt of status;

``(B) such alien is, or has become, ineligible for registered provisional immigrant status under subsection

(b)(3); or

``(C) such alien's registered provisional immigrant status has been terminated or revoked under the provisions of this Act.

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SA 1565. Mr. GRASSLEY 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 title III, beginning on page 174, strike line 6 and all that follows through page 180, line 5, and insert the following:

SEC. 3401. REFUGEE FAMILY PROTECTIONS.

A child of an alien who qualifies for admission as a spouse or child under section 207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same status as such alien if the child--

(1) is accompanying or following to join such alien; and

(2) is otherwise eligible under section 207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act.

SEC. 3402. CLARIFICATION ON DESIGNATION OF CERTAIN REFUGEES.

(a) Termination of Certain Preferential Treatment in Immigration of Amerasians.--Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (8 U.S.C. 1101 note) is amended by adding at the end the following:

``(f) No visa may be issued under this section if the petition or application for such visa is submitted on or after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.''.

(b) Refugee Designation.--Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is amended--

(1) by inserting ``(A)'' before ``Subject to the numerical limitations''; and

(2) by adding at the end the following:

``(B)(i) The President, upon a recommendation of the Secretary of State made in consultation with the Secretary of Homeland Security, and after appropriate consultation, may designate specifically defined groups of aliens--

``(I) whose resettlement in the United States is justified by humanitarian concerns or is otherwise in the national interest; and

``(II) who--

``(aa) share common characteristics that identify them as targets of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; or

``(bb) having been identified as targets as described in item (aa), share a common need for resettlement due to a specific vulnerability.

``(ii) An alien who establishes membership in a group designated under clause (i) to the satisfaction of the Secretary of Homeland Security shall be considered a refugee for purposes of admission as a refugee under this section unless the Secretary determines that such alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.

``(iii) A designation under clause (i) is for purposes of adjudicatory efficiency and may be revoked by the President at any time after notification to Congress.

``(iv) Categories of aliens established under section 599D of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 8 U.S.C. 1157 note)--

``(I) shall be designated under clause (i) until the end of the first fiscal year commencing after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; and

``(II) shall be eligible for designation thereafter at the discretion of the President, considering, among other factors, whether a country under consideration has been designated by the Secretary of State as a `Country of Particular Concern' for engaging in or tolerating systematic, ongoing, and egregious violations of religious freedom.

``(v) A designation under clause (i) shall not influence decisions to grant, to any alien, asylum under section 208, protection under section 241(b)(3), or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984.

``(vi) A decision to deny admission under this section to an alien who establishes to the satisfaction of the Secretary that the alien is a member of a group designated under clause

(i) shall--

``(I) be in writing; and

``(II) state, to the maximum extent feasible, the reason for the denial.

``(vii) Refugees admitted pursuant to a designation under clause (i) shall be subject to the number of admissions and be admissible under this section.''.

______

SA 1566. Mr. GRASSLEY 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 title III, beginning on page 174, strike line 6 and all that follows through page 176, line 2.

In title III, beginning on page 179, strike line 19 and all that follows through page 180, line 5.

______

SA 1567. Mr. GRASSLEY (for himself and Mr. Wicker) 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 title II, on page 35, between lines 2 and 3, insert the following:

``(14) Disclosure of social security information.--

``(A) In general.--The Secretary may not grant registered provisional immigrant status to an alien under this section unless the alien fully discloses to the Secretary all the names and Social Security account numbers that the alien has ever used to obtain employment in the United States.

``(B) Revocation of granted status.--If the Secretary determines that an alien previously granted registered provisional immigrant status under this section has not complied with the requirement in subparagraph (A), the Secretary shall revoke the status of the alien as a registered provisional immigrant.

``(C) Notification of rightful assignees.--The Secretary may disclose information received from an alien pursuant to a disclosure under subparagraph (A) to any Federal or State agency authorized to collect such information in order to enable such agency to notify each named individual or rightful assignee of the Social Security account number concerned of the alien's misuse of such name or number to obtain employment.

______

SA 1568. Mr. GRASSLEY 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 3, on page 6, beginning on line 8, strike

``and'' and all that follows through ``(v)'' on line 9, and insert the following:

(v) the Secretary of the Treasury has certified that the Secretary has collected and deposited into the Treasury, pursuant to section 6(b)(3)(B), an amount equal to the amount transferred from the general fund of the Treasury to the Comprehensive Immigration Reform Trust Fund pursuant to section 6(a)(2)(A); and

(vi)

______

SA 1569. Mr. GRASSLEY 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 title III, beginning on page 253, strike line 19 and all that follows through the matter preceding line 15 on page 271, and insert the following:

SEC. 3704. ILLEGAL ENTRY.

(a) In General.--Section 275 (8 U.S.C. 1325) is amended to read as follows:

``SEC. 275. ILLEGAL ENTRY.

``(a) In General.--

``(1) Criminal offenses.--An alien shall be subject to the penalties set forth in paragraph (2) if the alien--

``(A) enters, attempts to enter, or crosses the border into the United States at any time or place other than as designated by the Secretary of Homeland Security;

``(B) eludes examination or inspection by an immigration officer, or a customs or agriculture inspection at a port of entry; or

``(C) attempts to enter or obtains entry to the United States by means of a knowingly false or misleading representation or the concealment of a material fact.

``(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 12 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 3 years, or both;

``(C) if the violation occurred after the alien had been convicted of 3 or more misdemeanors or of a felony, shall be fined under such title, imprisoned not more than 10 years, or both; and

``(D) if the violation occurred after the alien had been convicted of a felony for which the alien was sentenced to a term of imprisonment, shall be fined under such title, imprisoned not more than 15 years, or both.

``(3) Prior convictions.--The prior convictions described in subparagraphs (C) and (D) of paragraph (2) are elements of the offenses described in that paragraph 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 under oath as part of a plea agreement.

``(b) Improper Time or Place; Civil Penalties.--Any alien who is apprehended while knowingly entering, attempting to enter, or 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--

``(1) not less than $250 or more than $5,000 for each such entry, crossing, attempted entry, or attempted crossing; or

``(2) twice the amount specified in paragraph (1) if the alien had previously been subject to a civil penalty under this subsection.

``(c) Fraudulent Marriage.--An individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined not more than $250,000, or both.

``(d) Commercial Enterprises.--Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.''.

(b) Clerical Amendment.--The table of contents is amended by striking the item relating to section 275 and inserting the following:

``Sec. 275. Illegal entry.''.

(c) Effective Date.--The amendments made by this section shall take effect 1 year after the date of the enactment of this Act.

SEC. 3705. REENTRY OF REMOVED ALIEN.

Section 276 (8 U.S.C. 1326) is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

``(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 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--

``(1) was convicted for 3 or more misdemeanors before such removal or departure, the alien shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both;

``(2) was convicted for an aggravated felony before such removal or departure, the alien shall be fined under such title, imprisoned not more than 20 years, or both;

``(3) was convicted for a felony before such removal or departure 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) was convicted for 3 felonies before such removal or departure, the alien shall be fined under such title, imprisoned not more than 20 years, or both, unless the Attorney General expressly consents to the entry or reentry, as the case may be, of the alien; or

``(5) was convicted, before such removal or departure, 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, the alien shall be fined under such title, imprisoned not more than 20 years, or both.

``(c) Reentry After Repeated Removal.--Any alien who has been denied admission, excluded, or deported 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, unless the Attorney General expressly consents to the entry or reentry, as the case may be, of the alien.

``(d) Proof of Prior Convictions.--The prior convictions described in subsection (b) are elements of the offenses described in that subsection, and the penalties in such 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 under oath as part of a plea agreement.

``(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) at the time of the prior exclusion, deportation, removal, or denial of admission alleged in the violation, the alien had not yet reached 18 years of age and had not been convicted of a crime or adjudicated a delinquent minor by a court of the United States, or a court of a state or territory, for conduct that would constitute a felony if committed by an adult.

``(f) Limitation on Collateral Attack on Underlying Deportation Order.--In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a) or subsection

``(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;

``(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and

``(3) the entry of the order was fundamentally unfair.

``(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. 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) Limitation.--It is not aiding and abetting a violation of this section for an individual to provide an alien with emergency medical care and food or to transport the alien to a location where such medical care or food can be provided without compensation or the expectation of compensation.

``(i) Definitions.--In this section:

``(1) 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.

``(2) 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.

``(3) 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.

``(4) 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. 3706. PENALTIES RELATED TO REMOVAL.

(a) Penalties Relating to Vessels and Aircraft.--Section 243(c) (8 U.S.C. 1253(c)) is amended--

(1) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and

(2) by striking ``Commissioner'' each place such term appears and inserting ``Secretary of Homeland Security''; and

(3) in paragraph (1)--

(A) in subparagraph (A), by striking ``$2,000'' and inserting ``$5,000'';

(B) in subparagraph (B), by striking ``$5,000'' and inserting ``$10,000''; and

``(D) Exception.--A person, acting without compensation or the expectation of compensation, is not subject to penalties under this paragraph if the person is--

``(i) providing, or attempting to provide, an alien with emergency medical care or food or water; or

``(ii) transporting the alien to a location where such medical care, food, or water can be provided without compensation or the expectation of compensation.''.

(b) Discontinuation of Visas to Nationals of Countries Denying or Delaying Accepting Alien.--Section 243(d) (8 U.S.C. 1253(d)) is amended--

(1) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and

(2) by striking ``notifies the Secretary'' and inserting

``notifies the Secretary of State''.

SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD

OFFENSES.

(a) Trafficking in Passports.--Section 1541 of title 18, United States Code, is amended to read as follows:

``Sec. 1541. Issuance of passports without authority

``(a) In Genera.--Subject to subsection (b), any person who knowingly--

``(1) and without lawful authority produces, issues, or transfers a passport;

``(2) forges, counterfeits, alters, or falsely makes a passport;

``(3) secures, possesses, uses, receives, buys, sells, or distributes a passport, knowing the passport to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority; or

``(4) completes, mails, prepares, presents, signs, or submits an application for a United States passport, knowing the application to contain any materially false statement or representation,

shall be fined under this title, imprisoned not more than 20 years, or both.

``(b) Use in a Terrorism Offense.--Any person who commits an offense described in subsection (a) to facilitate an act of international terrorism (as defined in section 2331) shall be fined under this title, imprisoned not more than 25 years, or both.

``(c) Passport Materials.--Any person who knowingly and without lawful authority produces, buys, sells, possesses, or uses any official material (or counterfeit of any official material) to make a passport, including any distinctive paper, seal, hologram, image, text, symbol, stamp, engraving, or plate, shall be fined under this title, imprisoned not more than 20 years, or both.''.

(b) False Statement in an Application for a Passports.--Section 1542 of title 18, United States Code, is amended to read as follows:

``Sec. 1542. False statement in an application for a passport

``(a) In General.--Any person who--

``(1) knowingly makes any false statement or representation in an application for a United States passport, or mails, prepares, presents, or signs an application for a United States passport knowing the application to contain any false statement or representation and with intent to induce or secure the issuance of a passport under the authority of the United States, either for the person's 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) knowingly uses or attempts to use, or furnishes to another for use, any passport the issuance of which was secured in any way by reason of any false statement,

shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), or 15 years (in the case of any other offense), or both.

``(b) Venue.--

``(1) In general.--An offense under subsection (a) may be prosecuted in any district--

``(A) in which the false statement or representation was made or the application for a United States passport was prepared or signed; or

``(B) in which or to which the application was mailed or presented.

``(2) Offenses outside the united states.--An offense under subsection (a) involving an application prepared and adjudicated outside the United States may be prosecuted in the district in which the resultant passport was or would have been produced.

``(c) Savings Clause.--Nothing in this section may be construed to limit the venue otherwise available under sections 3237 and 3238 of this title.''.

``Sec. 1544. Misuse of a passport

``Any person who knowingly--

``(1) uses or attempts to use any passport issued or designed for the use of another;

``(2) uses or attempts to use any passport in violation of the conditions and restrictions specified in the passport or any rules or regulations prescribed pursuant to the laws regulating the issuance of passports; or

``(3) secures, possesses, uses, receives, buys, sells, or distributes any passport knowing the passport to be forged, counterfeited, altered, falsely made, procured by fraud, or produced or issued without lawful authority,

shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)) or 15 years (in the case of any other offense), or both.''.

(d) Schemes to Provide Fraudulent Immigration Services.--Section 1545 of title 18, United States Code, is amended to read as follows:

``Sec. 1545. Schemes to provide fraudulent immigration services

``(a) In General.--Any person who knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under any Federal immigration law or any matter the offender claims or represents is authorized by or arises under any Federal immigration law, to--

``(1) defraud any person; or

``(2) 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 10 years, or both.

``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both.''.

(e) Immigration and Visa Fraud.--Section 1546 of title 18, United States Code, is amended by amending the section heading to read as follows:

``Sec. 1546. Immigration and visa fraud''.

(f) Alternative Imprisonment Maximum for Certain Offenses.--Section 1547 of title 18, United States Code, is amended--

(1) in the matter preceding paragraph (1), by striking

``(other than an offense under section 1545)'';

(2) in paragraph (1), by striking ``15'' and inserting

``20''; and

(3) in paragraph (2), by striking ``20'' and inserting

``25''.

(g) Authorized Law Enforcement Activities.--Chapter 75 of title 18, United States Code, is amended by adding after section 1547 the following:

``Sec. 1548. Authorized law enforcement activities

``Nothing in this chapter may be construed to prohibit--

``(1) any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States; or

``(2) any activity authorized under title V of the Organized Crime Control Act of 1970 (Public Law 91-452; 84 Stat. 933).''.

(h) Table of Sections Amendment.--The table of sections for chapter 75 of title 18, United States Code, is amended to read as follows:

``Sec.

``1541. Trafficking in passports.

``1542. False statement in an application for a passport.

``1543. Forgery or false use of a passport.

``1544. Misuse of a passport.

``1545. Schemes to provide fraudulent immigration services.

``1546. Immigration and visa fraud.

``1547. Alternative imprisonment maximum for certain offenses.

``1548. Authorized law enforcement activities.''.

______

SA 1570. Mr. GRASSLEY 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 title III, beginning on page 247, strike line 11 and all that follows through page 251, line 7, and insert the following:

SEC. 3701. CRIMINAL GANGS.

(a) Definition of Criminal Gang.--Section 101(a) (8 U.S.C. 1101(a)) is amended by adding after paragraph (54), as added by section 4211(g) of this Act, the following:

``(55)(A) The term `criminal gang' means an ongoing group, club, organization, or association of 5 or more persons--

``(i) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subparagraph (B); and

``(ii) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subparagraph (B).

``(B) The offenses described in this subparagraph, whether in violation of Federal or State law or in violation of the law of a foreign country, are the following:

``(i) A felony drug offense (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

``(ii) A felony offense involving firearms or explosives or in violation of section 931 of title 18, United States Code

(relating to purchase, ownership, or possession of body armor by violent felons).

``(iii) 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).

``(iv) A felony crime of violence (as defined in section 16 of title 18, United States Code).

``(v) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary

``(vi) 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).

``(vii) Conspiracy to commit an offense described in specified in clauses (i) through (vi).''.

(b) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended by inserting after subparagraph (I) the following:

``(J) Aliens in criminal gangs.--Any alien is inadmissible who--

``(i) is a member of a criminal gang unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a criminal gang; and

``(ii) is determined by an immigration judge to be a danger to the community.''.

``(G) Aliens in criminal gangs.--Any alien is removable who--

``(ii) is determined by an immigration judge to be a danger to the community.''.

(d) Ground of Ineligibility for Registered Provisional Immigrant Status.--An alien who is 18 years of age or older is ineligible for registered provisional immigrant status if the Secretary determines that the alien--

(1) is a member of a criminal gang (as defined in section 101(a)(55) of the Immigration and Nationality Act, as amended by subsection (a)) unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a criminal gang; and

(2) has been determined by the Secretary to be a danger to the community.

______

SA 1571. Mr. GRASSLEY 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:

SEC. __. IDENTITY THEFT.

(a) Fraud.--Section 1028 of title 18, United States Code, is amended--

(1) in subsection (a)(7), by striking ``of another person'' and inserting ``that is not his or her own''; and

(2) in subsection (b)(3)--

(A) in subparagraph (B), by striking ``or'' at the end;

(B) in subparagraph (C), by adding ``or'' at the end; and

``(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c);''.

(b) Aggravated Identity Theft.--Section 1028A(a) of such title is amended by striking ``of another person'' both places it appears and inserting ``that is not his or her own''.

______

SA 1572. Mr. GRASSLEY 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:

SEC. ___. ANNUAL AUDITS OF EMPLOYERS OF H-1B AND L

NONIMMIGRANTS.

(a) H-1B Nonimmigrants.--Section 212(n)(2)(A)(ii)(III) (8 U.S.C. 1182 (n)(2)(A)(ii)(III)), as added by section 4221, is amended--

(1) in item ``(aa)'', by striking ``and'' at the end;

(2) by redesignating item (bb) as item (cc); and

(3) by inserting after item (aa) the following:

``(bb) conduct annual audits of not less than .05 percent of employers (other than employers covered by item (aa)) that employ H-1B nonimmigrants during the applicable calendar year; and''.

(b) L Nonimmigrants.--Section 214(c)(2)(J)(viii)(II) (8 U.S.C. 1184 (c)(2)(J)(viii)(II)), as added by section 4306, is amended--

(1) in item ``(aa)'', by striking ``and'' at the end;

(2) by redesignating item (bb) as item (cc); and

(3) by inserting after item (aa) the following:

``(bb) conduct annual audits of not less than .05 percent of employers (other than employers covered by item (aa)) who employ nonimmigrants described in section 101(a)(15)(L) during the applicable calendar year; and''.

______

SA 1573. Mr. GRASSLEY 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 title IV, on page 56, lines 1 and 2, strike ``if the employer is an H-1B skilled worker dependent employer,''.

______

SA 1574. Mr. GRASSLEY 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 title IV, on page 81, after line 25, add the following:

SEC. 4226. SUSPENSION OF EMPLOYER PARTICIPATION IN H-1B VISA

PROGRAM.

Section 212(n)(2) (8 U.S.C. 1182(n)(2), as amended by this chapter, is further amended--

(1) by redesignating subparagraph (I) as subparagraph (L); and

(2) by inserting after subparagraph (H) the following:

``(I) The Secretary of Homeland Security shall suspend an employer's ability to petition for H-1B nonimmigrants for not less than 2 years if such employer violates this subsection or if the Secretary determines the existence of 1 or more of the following conditions with respect to the employer:

``(i) The employer has not taken good faith efforts to recruit United States workers.

``(ii) An H-1B nonimmigrant is working at locations not covered by a valid labor condition application.

``(iii) An H-1B nonimmigrant is not receiving the wage that the petitioning employer attested to in the labor condition application.

``(iv) An H-1B nonimmigrant has been benched without pay or with reduced pay.

``(v) An H-1B nonimmigrant is performing job duties that were not consistent with the position description provided by the employer.

``(vi) The employer deducts the fees associated with filing the H-1B petition from the H-1B nonimmigrant's salary.

``(vii) The employer forged signatures or documents relating to the Form I-129 petition, including documents relating to degree and work experience letters.''.

______

SA 1575. Mr. GRASSLEY 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 title IV, on page 69, beginning on line 16, strike

``and'' and all that follows through ``(bb)'' on line 17, and insert the following:

``(bb) conduct annual audits of not less than .05 percent of employers (other than employers covered by item (aa)) that employ H-1B nonimmigrants during the applicable calendar year; and

``(cc)

In title IV, on page 103, beginning on line 11, strike

``and'' and all that follows through ``(bb)'' on line 12, and insert the following:

``(cc)

______

SA 1576. Mr. GRASSLEY 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:

Beginning on page 534 of the amendment, strike line 7 and all that follows through page 621, line 8, and insert the following:

``(D) General participation requirement for new employees.--All employers in the United States shall participate in the System, with respect to all employees hired by such employers on or after the date that is 18 months after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.

``(E) Immigration law violators.--

``(i) Orders finding violations.--An order finding any employer to have violated this section or section 274C may, in the Secretary's discretion, require the employer to participate in the System with respect to newly hired employees and employees with expiring temporary employment authorization documents, if such employer is not otherwise required to participate in the System under this section. The Secretary shall monitor such employer's compliance with System procedures.

``(ii) Pattern or practice of violations.--The Secretary may require an employer that is required to participate in the System with respect to newly hired employees to participate in the System with respect to the employer's current employees if the Secretary or other appropriate authority has reasonable cause to believe that the employer is, or has been, engaged in a material violation of this section.

``(F) Voluntary participation.--The Secretary may permit any employer that is not required to participate in the System under this section to do so on a voluntary basis.

``(3) Consequence of failure to participate.--

``(A) In general.--Except as provided in subparagraph (B), the failure, other than a de minimis or inadvertent failure, of an employer that is required to participate in the System to comply with the requirements of the System with respect to an individual--

``(i) shall be treated as a violation of subsection

(a)(1)(B) with respect to that individual; and

``(ii) creates a rebuttable presumption that the employer has violated paragraph (1)(A) or (2) of subsection (a).

``(B) Exception.--

``(i) In general.--Subparagraph (A) shall not apply in a criminal prosecution.

``(ii) Use as evidence.--Nothing in this paragraph may be construed to limit the use in the prosecution of a Federal crime, in a manner otherwise consistent with Federal criminal law and procedure, of evidence relating to the employer's failure to comply with requirements of the System.

``(4) Procedures for participants in the system.--

``(A) In general.--An employer participating in the System shall register such participation with the Secretary and, when hiring any individual for employment in the United States, shall comply with the following:

``(i) Registration of employers.--The Secretary, through notice in the Federal Register, shall prescribe procedures that employers shall be required to follow to register with the System.

``(ii) Updating information.--The employer is responsible for providing notice of any change to the information required under subclauses (I), (II), and (III) of clause (v) before conducting any further inquiries within the System, or on such other schedule as the Secretary may prescribe.

``(iii) Training.--The Secretary shall require employers to undergo such training as the Secretary determines to be necessary to ensure proper use, protection of civil rights and civil liberties, privacy, integrity, and security of the System. To the extent practicable, such training shall be made available electronically on the U.S. Citizenship and Immigration Services website.

``(iv) Notification to employees.--The employer shall inform individuals hired for employment that the System--

``(I) will be used by the employer;

``(II) may be used for immigration enforcement purposes; and

``(III) may not be used to discriminate or to take adverse action against a national of the United States or an alien who has employment authorized status.

``(v) Provision of additional information.--The employer shall obtain from the individual (and the individual shall provide) and shall record in such manner as the Secretary may specify--

``(I) the individual's social security account number;

``(II) if the individual does not attest to United States citizenship or status as a national of the United States under subsection (c)(2), such identification or authorization number established by the Department as the Secretary shall specify; and

``(III) such other information as the Secretary may require to determine the identity and employment authorization of an individual.

``(vi) Presentation of documentation.--The employer, and the individual whose identity and employment authorized status are being confirmed, shall fulfill the requirements under subsection (c).

``(B) Seeking confirmation.--

``(i) In general.--An employer shall use the System to confirm the identity and employment authorized status of any individual during--

``(I) the period beginning on the date on which the individual accepts an offer of employment and ending 3 business days after the date on which employment begins; or

``(II) such other reasonable period as the Secretary may prescribe.

``(ii) Limitation.--An employer may not make the starting date of an individual's employment or training or any other term and condition of employment dependent on the receipt of a confirmation of identity and employment authorized status by the System.

``(iii) Reverification.--If an individual has a limited period of employment authorized status, the individual's employer shall reverify such status through the System not later than 3 business days after the last day of such period.

``(iv) Other employment.--For employers directed by the Secretary to participate in the System under paragraph

(2)(C)(i) to protect critical infrastructure or otherwise specified circumstances in this section to verify their entire workforce, the System may be used for initial verification of an individual who was hired before the employer became subject to the System, and the employer shall initiate all required procedures on or before such date as the Secretary shall specify.

``(v) Notification.--

``(I) In general.--The Secretary shall provide, and the employer shall utilize, as part of the System, a method of notifying employers of a confirmation or nonconfirmation of an individual's identity and employment authorized status, or a notice that further action is required to verify such identity or employment eligibility (referred to in this subsection as a `further action notice').

``(II) Procedures.--The Secretary shall--

``(aa) directly notify the individual and the employer, by means of electronic correspondence, mail, text message, telephone, or other direct communication, of a nonconfirmation or further action notice;

``(bb) provide information about filing an administrative appeal under paragraph (6) and a filing for review before an administrative law judge under paragraph (7); and

``(cc) establish procedures to directly notify the individual and the employer of a confirmation.

``(III) Implementation.--The Secretary may provide for a phased-in implementation of the notification requirements under this clause, as appropriate. The notification system shall cover all inquiries not later than 1 year from the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.

``(vi) Before hiring.--An employer may use the System to confirm the identity and employment authorized status of any individual before the individual is hired, recruited, or referred if the individual consents to such verification. If an employer receives a tentative nonconfirmation for such individual, the employer shall comply with procedures prescribed by the Secretary, including--

``(I) providing the individual employees with private, written notification of the finding and written referral instructions;

``(II) allowing the individual to contest the finding; and

``(III) not taking adverse action against the individual if the individual chooses to contest the finding.

``(C) Confirmation or nonconfirmation.--

``(i) Initial response.--

``(I) In general.--Except as provided in subclause (II), the System shall provide--

``(aa) a confirmation of an individual's identity and employment authorized status or a further action notice at the time of the inquiry; and

``(bb) an appropriate code indicating such confirmation or such further action notice.

``(II) Alternative deadline.--If the System is unable to provide immediate confirmation or further action notice for technological reasons or due to unforeseen circumstances, the System shall provide a confirmation or further action notice not later than 3 business days after the initial inquiry.

``(ii) Confirmation upon initial inquiry.--If the employer receives an appropriate confirmation of an individual's identity and employment authorized status under the System, the employer shall record the confirmation in such manner as the Secretary may specify.

``(iii) Further action notice and later confirmation or nonconfirmation.--

``(I) Notification and acknowledgment that further action is required.--Not later than 3 business days after an employer receives a further action notice of an individual's identity or employment eligibility under the System, or during such other reasonable time as the Secretary may prescribe, the employer shall notify the individual for whom the confirmation is sought of the further action notice and any procedures specified by the Secretary for addressing such notice. The further action notice shall be given to the individual in writing and the employer shall acknowledge in the System under penalty of perjury that it provided the employee with the further action notice. The individual shall affirmatively acknowledge in writing, or in such other manner as the Secretary may specify, the receipt of the further action notice from the employer. If the individual refuses to acknowledge the receipt of the further action notice, or acknowledges in writing that the individual will not contest the further action notice under subclause (II), the employer shall notify the Secretary in such manner as the Secretary may specify.

``(II) Contest.--Not later than 10 business days after receiving notification of a further action notice under subclause (I), the individual shall contact the appropriate Federal agency and, if the Secretary so requires, appear in person for purposes of verifying the individual's identity and employment eligibility. The Secretary, in consultation with the Commissioner and other appropriate Federal agencies, shall specify an available secondary verification procedure to confirm the validity of information provided and to provide a confirmation or nonconfirmation. Any procedures for reexamination shall not limit in any way an employee's right to appeal a nonconfirmation.

``(III) No contest.--If the individual refuses to acknowledge receipt of the further action notice, acknowledges that the individual will not contest the further action notice as provided in subclause (I), or does not contact the appropriate Federal agency within the period specified in subclause (II), following expiration of the period specified in subclause (II), a nonconfirmation shall be issued. The employer shall record the nonconfirmation in such manner as the Secretary may specify and terminate the individual's employment. An individual's failure to contest a further action notice shall not be considered an admission of guilt with respect to any violation of this section or any provision of law.

``(IV) Confirmation or nonconfirmation.--Unless the period is extended in accordance with this subclause, the System shall provide a confirmation or nonconfirmation not later than 10 business days after the date on which the individual contests the further action notice under subclause (II). If the Secretary determines that good cause exists, after taking into account adverse impacts to the employer, and including time to permit the individual to obtain and provide needed evidence of identity or employment eligibility, the Secretary shall extend the period for providing confirmation or nonconfirmation for stated periods beyond 10 business days. When confirmation or nonconfirmation is provided, the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation.

``(V) Reexamination.--Nothing in this section shall prevent the Secretary from establishing procedures to reexamine a case where a confirmation or nonconfirmation has been provided if subsequently received information indicates that the confirmation or nonconfirmation may not have been correct. Any procedures for reexamination shall not limit in any way an employee's right to appeal a nonconfirmation.

``(VI) Employee protections.--An employer may not terminate employment or take any other adverse action against an individual solely because of a failure of the individual to have identity and employment eligibility confirmed under this subsection until--

``(aa) a nonconfirmation has been issued;

``(bb) if the further action notice was contested, the period to timely file an administrative appeal has expired without an appeal or the contestation to the further action notice is withdrawn; or

``(cc) if an appeal before an administrative law judge under paragraph (7) has been filed, the nonconfirmation has been upheld or the appeal has been withdrawn or dismissed.

``(iv) Notice of nonconfirmation.--Not later than 3 business days after an employer receives a nonconfirmation, or during such other reasonable time as the Secretary may provide, the employer shall notify the individual who is the subject of the nonconfirmation, and provide information about filing an administrative appeal pursuant to paragraph (6) and a request for a hearing before an administrative law judge pursuant to paragraph (7). The nonconfirmation notice shall be given to the individual in writing and the employer shall acknowledge in the System under penalty of perjury that it provided the notice (or adequately attempted to provide notice, but was unable to do so despite reasonable efforts). The individual shall affirmatively acknowledge in writing, or in such other manner as the Secretary may prescribe, the receipt of the nonconfirmation notice from the employer. If the individual refuses or fails to acknowledge the receipt of the nonconfirmation notice, the employer shall notify the Secretary in such manner as the Secretary may prescribe.

``(D) Consequences of nonconfirmation.--

``(i) Termination of continued employment.--Except as provided in clause (iii), an employer that has received a nonconfirmation regarding an individual and has made reasonable efforts to notify the individual in accordance with subparagraph (C)(iv) shall terminate the employment of the individual upon the expiration of the time period specified in paragraph (7).

``(ii) Continued employment after nonconfirmation.--If the employer continues to employ an individual after receiving nonconfirmation and exhaustion of all appeals or expiration of all rights to appeal if not appealed, in violation of clause (i), a rebuttable presumption is created that the employer has violated paragraphs (1)(A) and (2) of subsection

(a). Such presumption shall not apply in any prosecution under subsection (k)(1).

``(iii) Effect of administrative appeal or review by administrative law judge.--If an individual files an administrative appeal of the nonconfirmation within the time period specified in paragraph (6)(A), or files for review with an administrative law judge specified in paragraph

(7)(A), the employer shall not terminate the individual's employment under this subparagraph prior to the resolution of the administrative appeal unless the Secretary or Commissioner terminates the stay under paragraph (6)(B) or

(7)(B).

``(iv) Weekly report.--The Director of U.S. Citizenship and Immigration Services shall submit a weekly report to the Assistant Secretary for Immigration and Customs Enforcement that includes, for each individual who receives final nonconfirmation through the System--

``(I) the name of such individual;

``(II) his or her social security number or alien file number;

``(III) the name and contact information for his or her current employer; and

``(IV) any other critical information that the Assistant Secretary determines to be appropriate.

``(E) Obligation to respond to queries and additional information.--

``(i) In general.--Employers shall comply with requests for information from the Secretary and the Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice, including queries concerning current and former employees, within the time frame during which records are required to be maintained under this section regarding such former employees, if such information relates to the functioning of the System, the accuracy of the responses provided by the System, or any suspected misuse, discrimination, fraud, or identity theft in the use of the System. Failure to comply with a request under this clause constitutes a violation of subsection (a)(1)(B).

``(ii) Action by individuals.--

``(I) In general.--Individuals being verified through the System may be required to take further action to address questions identified by the Secretary or the Commissioner regarding the documents relied upon for purposes of subsection (c).

``(II) Notification.--Not later than 3 business days after the receipt of such questions regarding an individual, or during such other reasonable time as the Secretary may prescribe, the employer shall--

``(aa) notify the individual of any such requirement for further actions; and

``(bb) record the date and manner of such notification.

``(III) Acknowledgment.--The individual shall acknowledge the notification received from the employer under subclause

(II) in writing, or in such other manner as the Secretary may prescribe.

``(iii) Rulemaking.--

``(I) In general.--The Secretary, in consultation with the Commissioner and the Attorney General, is authorized to issue regulations implementing, clarifying, and supplementing the requirements under this subparagraph--

``(aa) to facilitate the functioning, accuracy, and fairness of the System;

``(bb) to prevent misuse, discrimination, fraud, or identity theft in the use of the System; or

``(cc) to protect and maintain the confidentiality of information that could be used to locate or otherwise place at risk of harm victims of domestic violence, dating violence, sexual assault, stalking, and human trafficking, and of the applicant or beneficiary of any petition described in section 384(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)(2)).

``(II) Notice.--The regulations issued under subclause (I) shall be--

``(aa) published in the Federal Register; and

``(bb) provided directly to all employers registered in the System.

``(F) Designated agents.--The Secretary shall establish a process--

``(i) for certifying, on an annual basis or at such times as the Secretary may prescribe, designated agents and other System service providers seeking access to the System to perform verification queries on behalf of employers, based upon training, usage, privacy, and security standards prescribed by the Secretary;

``(ii) for ensuring that designated agents and other System service providers are subject to monitoring to the same extent as direct access users; and

``(iii) for establishing standards for certification of electronic I-9 programs.

``(G) Requirement to provide information.--

``(i) In general.--No later than 3 months after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, the Secretary, in consultation with the Secretary of Labor, the Secretary of Agriculture, the Commissioner, the Attorney General, the Equal Employment Opportunity Commission, and the Administrator of the Small Business Administration, shall commence a campaign to disseminate information respecting the procedures, rights, and remedies prescribed under this section.

``(ii) Campaign requirements.--The campaign authorized under clause (i)--

``(I) shall be aimed at increasing the knowledge of employers, employees, and the general public concerning employer and employee rights, responsibilities, and remedies under this section; and

``(II) shall be coordinated with the public education campaign conducted by U.S. Citizenship and Immigration Services.

``(iii) Assessment.--The Secretary shall assess the success of the campaign in achieving the goals of the campaign.

``(iv) Authority to contract.--In order to carry out and assess the campaign under this subparagraph, the Secretary may, to the extent deemed appropriate and subject to the availability of appropriations, contract with public and private organizations for outreach and assessment activities under the campaign.

``(v) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph

$40,000,000 for each of the fiscal years 2014 through 2016.

``(H) Authority to modify information requirements.--Based on a regular review of the System and the document verification procedures to identify misuse or fraudulent use and to assess the security of the documents and processes used to establish identity or employment authorized status, the Secretary, in consultation with the Commissioner, after publication of notice in the Federal Register and an opportunity for public comment, may modify, if the Secretary determines that the modification is necessary to ensure that the System accurately and reliably determines the identity and employment authorized status of employees and maintain existing protections against misuse, discrimination, fraud, and identity theft--

``(i) the information that shall be presented to the employer by an individual;

``(ii) the information that shall be provided to the System by the employer; and

``(iii) the procedures that shall be followed by employers with respect to the process of verifying an individual through the System.

``(I) Self-verification.--Subject to appropriate safeguards to prevent misuse of the system, the Secretary, in consultation with the Commissioner, shall establish a secure self-verification procedure to permit an individual who seeks to verify the individual's own employment eligibility to contact the appropriate agency and, in a timely manner, correct or update the information contained in the System.

``(5) Protection from liability for actions taken on the basis of information provided by the system.--An employer shall not be liable to a job applicant, an employee, the Federal Government, or a State or local government, under Federal, State, or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good faith reliance on information provided by the System.

``(6) Administrative appeal.--

``(A) In general.--An individual who is notified of a nonconfirmation may, not later than 10 business days after the date that such notice is received, file an administrative appeal of such nonconfirmation with the Commissioner if the notice is based on records maintained by the Commissioner, or in any other case, with the Secretary. An individual who did not timely contest a further action notice timely received by that individual for which the individual acknowledged receipt may not be granted a review under this paragraph.

``(B) Administrative stay of nonconfirmation.--The nonconfirmation shall be automatically stayed upon the timely filing of an administrative appeal, unless the nonconfirmation resulted after the individual acknowledged receipt of the further action notice but failed to contact the appropriate agency within the time provided. The stay shall remain in effect until the resolution of the appeal, unless the Secretary or the Commissioner terminates the stay based on a determination that the administrative appeal is frivolous or filed for purposes of delay.

``(C) Review for error.--The Secretary and the Commissioner shall develop procedures for resolving administrative appeals regarding nonconfirmations based upon the information that the individual has provided, including any additional evidence or argument that was not previously considered. Any such additional evidence or argument shall be filed within 10 business days of the date the appeal was originally filed. Appeals shall be resolved within 20 business days after the individual has submitted all evidence and arguments the individual wishes to submit, or has stated in writing that there is no additional evidence that the individual wishes to submit. The Secretary and the Commissioner may, on a case by case basis for good cause, extend the filing and submission period in order to ensure accurate resolution of an appeal before the Secretary or the Commissioner.

``(D) Preponderance of evidence.--Administrative appeal under this paragraph shall be limited to whether a nonconfirmation notice is supported by a preponderance of the evidence.

``(E) Damages, fees, and costs.--No money damages, fees or costs may be awarded in the administrative appeal process under this paragraph.

``(7) Review by administrative law judge.--

``(A) In general.--Not later than 30 days after the date an individual receives a final determination on an administrative appeal under paragraph (6), the individual may obtain review of such determination by filing a complaint with a Department of Justice administrative law judge in accordance with this paragraph.

``(B) Stay of nonconfirmation.--The nonconfirmation related to such final determination shall be automatically stayed upon the timely filing of a complaint under this paragraph, and the stay shall remain in effect until the resolution of the complaint, unless the administrative law judge determines that the action is frivolous or filed for purposes of delay.

``(C) Service.--The respondent to complaint filed under this paragraph is either the Secretary or the Commissioner, but not both, depending upon who issued the administrative order under paragraph (6). In addition to serving the respondent, the plaintiff shall serve the Attorney General.

``(D) Authority of administrative law judge.--

``(i) Rules of practice.--The Secretary shall promulgate regulations regarding the rules of practice in appeals brought pursuant to this subsection.

``(ii) Authority of administrative law judge.--The administrative law judge shall have power to--

``(I) terminate a stay of a nonconfirmation under subparagraph (B) if the administrative law judge determines that the action is frivolous or filed for purposes of delay;

``(II) adduce evidence at a hearing;

``(III) compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing;

``(IV) resolve claims of identity theft; and

``(V) enter, upon the pleadings and any evidence adduced at a hearing, a decision affirming or reversing the result of the agency, with or without remanding the cause for a rehearing.

``(iii) Subpoena.--In case of contumacy or refusal to obey a subpoena lawfully issued under this section and upon application of the administrative law judge, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt of such court.

``(iv) Training.--An administrative law judge hearing cases shall have special training respecting employment authorized status verification.

``(E) Order by administrative law judge.--

``(i) In general.--The administrative law judge shall issue and cause to be served to the parties in the proceeding an order which may be appealed as provided in subparagraph (G).

``(ii) Contents of order.--Such an order shall uphold or reverse the final determination on the request for reconsideration and order lost wages and other appropriate remedies as provided in subparagraph (F).

``(F) Compensation for error.--

``(i) In general.--In cases in which the administrative law judge reverses the final determination of the Secretary or the Commissioner made under paragraph (6), and the administrative law judge finds that--

``(I) the nonconfirmation was due to gross negligence or intentional misconduct of the employer, the administrative law judge may order the employer to pay the individual lost wages, and reasonable costs and attorneys' fees incurred during administrative and judicial review; or

``(II) such final determination was erroneous by reason of the negligence of the Secretary or the Commissioner, the administrative law judge may order the Secretary or the Commissioner to pay the individual lost wages, and reasonable costs and attorneys' fees incurred during the administrative appeal and the administrative law judge review.

``(ii) Calculation of lost wages.--Lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 120 days after completion of the administrative law judge's review described in this paragraph or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first. If the individual obtains employment elsewhere at a lower wage rate, the individual shall be compensated for the difference in wages for the period ending 120 days after completion of the administrative law judge review process. No lost wages shall be awarded for any period of time during which the individual was not in employment authorized status.

``(iii) Payment of compensation.--Notwithstanding any other law, payment of compensation for lost wages, costs, and attorneys' fees under this paragraph, or compromise settlements of the same, shall be made as provided by section 1304 of title 31, United States Code. Appropriations made available to the Secretary or the Commissioner, accounts provided for under section 286, and funds from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund shall not be available to pay such compensation.

``(G) Appeal.--No later than 45 days after the entry of such final order, any person adversely affected by such final order may seek review of such order in the United States Court of Appeals for the circuit in which the violation is alleged to have occurred or in which the employer resides or transacts business.

``(8) Management of the system.--

``(A) In general.--The Secretary is authorized to establish, manage, and modify the System, which shall--

``(i) respond to inquiries made by participating employers at any time through the internet, or such other means as the Secretary may designate, concerning an individual's identity and whether the individual is in employment authorized status;

``(ii) maintain records of the inquiries that were made, of confirmations provided (or not provided), and of the codes provided to employers as evidence of their compliance with their obligations under the System; and

``(iii) provide information to, and require action by, employers and individuals using the System.

``(B) Design and operation of system.--The System shall be designed and operated--

``(i) to maximize its reliability and ease of use by employers consistent with protecting the privacy and security of the underlying information, and ensuring full notice of such use to employees;

``(ii) to maximize its ease of use by employees, including direct notification of its use, of results, and ability to challenge results;

``(iii) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed and to register any times when the system is unable to receive inquiries;

``(iv) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information, misuse by employers and employees, and discrimination;

``(v) to require regularly scheduled refresher training of all users of the System to ensure compliance with all procedures;

``(vi) to allow for auditing of the use of the System to detect misuse, discrimination, fraud, and identity theft, to protect privacy and assess System accuracy, and to preserve the integrity and security of the information in all of the System, including--

``(I) to develop and use tools and processes to detect or prevent fraud and identity theft, such as multiple uses of the same identifying information or documents to fraudulently gain employment;

``(II) to develop and use tools and processes to detect and prevent misuse of the system by employers and employees;

``(III) to develop tools and processes to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system;

``(IV) to audit documents and information submitted by employees to employers, including authority to conduct interviews with employers and employees, and obtain information concerning employment from the employer;

``(vii) to confirm identity and employment authorization through verification and comparison of records as determined necessary by the Secretary;

``(viii) to confirm electronically the issuance of the employment authorization or identity document and--

``(I) if such photograph is available, to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee; or

``(II) if a photograph is not available from the issuer, to confirm the authenticity of the document using such alternative procedures as the Secretary may specify; and

``(ix) to provide appropriate notification directly to employers registered with the System of all changes made by the Secretary or the Commissioner related to allowed and prohibited documents, and use of the System.

``(C) Safeguards to the system.--

``(i) Requirement to develop.--The Secretary, in consultation with the Commissioner and other appropriate Federal and State agencies, shall develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the records accessed or maintained by the System. The Secretary, in consultation with the Commissioner and other appropriate Federal and State agencies, shall develop and deploy appropriate privacy and security training for the Federal and State employees accessing the records under the System.

``(ii) Privacy audits.--The Secretary, acting through the Chief Privacy Officer of the Department, shall conduct regular privacy audits of the policies and procedures established under clause (i), including any collection, use, dissemination, and maintenance of personally identifiable information and any associated information technology systems, as well as scope of requests for this information. The Chief Privacy Officer shall review the results of the audits and recommend to the Secretary any changes necessary to improve the privacy protections of the program.

``(iii) Accuracy audits.--

``(I) In general.--Not later than November 30 of each year, the Inspector General of the Department of Homeland Security shall submit a report to the Secretary, with a copy to the President of the Senate and the Speaker of the House of Representatives, that sets forth the error rate of the System for the previous fiscal year and the assessments required to be submitted by the Secretary under subparagraphs (A) and (B) of paragraph (10). The report shall describe in detail the methodology employed for purposes of the report, and shall make recommendations for how error rates may be reduced.

``(II) Error rate defined.--In this clause, the term `error rate' means the percentage determined by dividing--

``(aa) the number of employment authorized individuals who received further action notices, contested such notices, and were subsequently found to be employment authorized; by

``(bb) the number of System inquiries submitted for employment authorized individuals.

``(III) Reduction of penalties for recordkeeping or verification practices following persistent system inaccuracies.--Notwithstanding subsection (e)(4)(C)(i), in any calendar year following a report by the Inspector General under subclause (I) that the System had an error rate higher than 0.3 percent for the previous fiscal year, the civil penalty assessable by the Secretary or an administrative law judge under that subsection for each first-time violation by an employer who has not previously been penalized under this section may not exceed $1,000.

``(iv) Records security program.--Any person, including a private third party vendor, who retains document verification or System data pursuant to this section shall implement an effective records security program that--

``(I) ensures that only authorized personnel have access to document verification or System data; and

``(II) ensures that whenever such data is created, completed, updated, modified, altered, or corrected in electronic format, a secure and permanent record is created that establishes the date of access, the identity of the individual who accessed the electronic record, and the particular action taken.

``(v) Records security program.--In addition to the security measures described in clause (iv), a private third party vendor who retains document verification or System data pursuant to this section shall implement an effective records security program that--

``(I) provides for backup and recovery of any records maintained in electronic format to protect against information loss, such as power interruptions; and

``(II) ensures that employees are trained to minimize the risk of unauthorized or accidental alteration or erasure of such data in electronic format.

``(vi) Authorized personnel defined.--In this subparagraph, the term `authorized personnel' means anyone registered as a System user, or anyone with partial or full responsibility for completion of employment authorization verification or retention of data in connection with employment authorization verification on behalf of an employer.

``(D) Available facilities and alternative accommodations.--The Secretary shall make appropriate arrangements and develop standards to allow employers or employees, including remote hires, who are otherwise unable to access the System to use electronic and telephonic formats

(including video conferencing, scanning technology, and other available technologies), Federal Government facilities, public facilities, or other available locations in order to utilize the System.

``(E) Responsibilities of the secretary.--

``(i) In general.--As part of the System, the Secretary shall maintain a reliable, secure method, which, operating through the System and within the time periods specified, compares the name, alien identification or authorization number, or other information as determined relevant by the Secretary, provided in an inquiry against such information maintained or accessed by the Secretary in order to confirm

(or not confirm) the validity of the information provided, the correspondence of the name and number, whether the alien has employment authorized status (or, to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a national of the United States), and such other information as the Secretary may prescribe.

``(ii) Photograph display.--As part of the System, the Secretary shall establish a reliable, secure method, which, operating through the System, displays the digital photograph described in subparagraph (B)(viii)(I).

``(iii) Timing of notices.--The Secretary shall have authority to prescribe when a confirmation, nonconfirmation, or further action notice shall be issued.

``(iv) Use of information.--The Secretary shall perform regular audits under the System, as described in subparagraph

(B)(vi) and shall utilize the information obtained from such audits, as well as any information obtained from the Commissioner pursuant to part E of title XI of the Social Security Act (42 U.S.C. 1301 et seq.), for the purposes of this section and to administer and enforce the immigration laws.

``(v) Identity fraud protection.--To prevent identity fraud, not later than 18 months after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, the Secretary shall--

``(I) in consultation with the Commissioner, establish a program to provide a reliable, secure method for an individual to temporarily suspend or limit the use of the individual's social security account number or other identifying information for verification by the System; and

``(II) for each individual being verified through the System--

``(aa) notify the individual that the individual has the option to limit the use of the individual's social security account number or other identifying information for verification by the System; and

``(bb) provide instructions to the individuals for exercising the option referred to in item (aa).

``(vi) Allowing parents to prevent theft of their child's identity.--The Secretary, in consultation with the Commissioner, shall establish a program that provides a reliable, secure method by which parents or legal guardians may suspend or limit the use of the social security account number or other identifying information of a minor under their care for the purposes of the System. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals.

``(vii) Protection from multiple use.--The Secretary and the Commissioner shall establish a procedure for identifying and handling a situation in which a social security account number has been identified to be subject to unusual multiple use in the System or is otherwise suspected or determined to have been compromised by identity fraud.

``(viii) Monitoring and compliance unit.--The Secretary shall establish or designate a monitoring and compliance unit to detect and reduce identity fraud and other misuse of the System.

``(ix) Civil rights and civil liberties assessments.--

``(I) Requirement to conduct.--The Secretary shall conduct regular civil rights and civil liberties assessments of the System, including participation by employers, other private entities, and Federal, State, and local government entities.

``(II) Requirement to respond.--Employers, other private entities, and Federal, State, and local entities shall timely respond to any request in connection with such an assessment.

``(III) Assessment and recommendations.--The Officer for Civil Rights and Civil Liberties of the Department shall review the results of each such assessment and recommend to the Secretary any changes necessary to improve the civil rights and civil liberties protections of the System.

``(F) Grants to states.--

``(i) In general.--The Secretary shall create and administer a grant program to help provide funding for States that grant--

``(I) the Secretary access to driver's license information as needed to confirm that a driver's license presented under subsection

(c)(1)(D)(i) confirms the identity of the subject of the System check, and that a driver's license matches the State's records; and

``(II) such assistance as the Secretary may request in order to resolve further action notices or nonconfirmations relating to such information.

``(ii) Construction with the driver's privacy protection act of 1994.--The provision of a photograph to the Secretary as described in clause (i) may not be construed as a violation of section 2721 of title 18, United States Code, and is a permissible use under subsection (b)(1) of that section.

``(iii) Authorization of appropriations.--There is authorized to be appropriated to the Secretary $250,000,000 to carry out this subparagraph.

``(G) Responsibilities of the secretary of state.--As part of the System, the Secretary of State shall provide to the Secretary access to passport and visa information as needed to confirm that a passport, passport card, or visa presented under subsection (c)(1)(C) confirms the identity of the subject of the System check, and that a passport, passport card, or visa photograph matches the Secretary of State's records, and shall provide such assistance as the Secretary may request in order to resolve further action notices or nonconfirmations relating to such information.

``(H) Updating information.--The Commissioner, the Secretary, and the Secretary of State shall update their information in a manner that promotes maximum accuracy and shall provide a process for the prompt correction of erroneous information.

``(9) Limitation on use of the system.--Notwithstanding any other provision of law, nothing in this subsection may be construed to permit or allow any department, bureau, or other agency of the United States Government or any other entity to utilize any information, database, or other records assembled under this subsection for any purpose other than for employment verification or to ensure secure, appropriate and nondiscriminatory use of the System.

``(10) Annual report and certification.--Not later than 18 months after the promulgation of regulations to implement this subsection, and annually thereafter, the Secretary shall submit to Congress a report that includes the following:

``(A) An assessment, as submitted to the Secretary by the Inspector General of the Department of Homeland Security pursuant to paragraph (8)(C)(iii)(I), of the accuracy rates of further action notices and other System notices provided by employers to individuals who are authorized to be employed in the United States.

``(B) An assessment, as submitted to the Secretary by the Inspector General of the Department of Homeland Security pursuant to paragraph (8)(C)(iii)(I), of the accuracy rates of further action notices and other System notices provided directly (by the System) in a timely fashion to individuals who are not authorized to be employed in the United States.

``(C) An assessment of any challenges faced by small employers in utilizing the System.

``(D) An assessment of the rate of employer noncompliance

(in addition to failure to provide required notices in a timely fashion) in each of the following categories:

``(i) Taking adverse action based on a further action notice.

``(ii) Use of the System for nonemployees or other individuals before they are offered employment.

``(iii) Use of the System to reverify employment authorized status of current employees except if authorized to do so.

``(iv) Use of the System selectively, except in cases in which such use is authorized.

``(v) Use of the System to deny employment or post-employment benefits or otherwise interfere with labor rights.

``(vi) Requiring employees or applicants to use any self-verification feature or to provide self-verification results.

``(vii) Discouraging individuals who receive a further action notice from challenging the further action notice or appealing a determination made by the System.

``(E) An assessment of the rate of employee noncompliance in each of the following categories:

``(i) Obtaining employment when unauthorized with an employer complying with the System in good faith.

``(ii) Failure to provide required documents in a timely manner.

``(iii) Attempting to use fraudulent documents or documents not related to the individual.

``(iv) Misuse of the administrative appeal and judicial review process.

``(F) An assessment of the amount of time taken for--

``(i) the System to provide the confirmation or further action notice;

``(ii) individuals to contest further action notices;

``(iii) the System to provide a confirmation or nonconfirmation of a contested further action notice;

``(iv) individuals to file an administrative appeal of a nonconfirmation; and

``(v) resolving administrative appeals regarding nonconfirmations.

``(11) Annual gao study and report.--

``(A) Requirement.--The Comptroller General shall, for each year, undertake a study to evaluate the accuracy, efficiency, integrity, and impact of the System.

``(B) Report.--Not later than 18 months after the promulgation of regulations to implement this subsection, and yearly thereafter, the Comptroller General shall submit to Congress a report containing the findings of the study carried out under this paragraph. Each such report shall include, at a minimum, the following:

``(i) An assessment of System performance with respect to the rate at which individuals who are eligible for employment in the United States are correctly approved within the required periods, including a separate assessment of such rate for naturalized United States citizens, nationals of the United States, and aliens.

``(ii) An assessment of the privacy and confidentiality of the System and of the overall security of the System with respect to cybertheft and theft or misuse of private data.

``(iii) An assessment of whether the System is being implemented in a manner that is not discriminatory or used for retaliation against employees.

``(iv) An assessment of the most common causes for the erroneous issuance of nonconfirmations by the System and recommendations to correct such causes.

``(v) The recommendations of the Comptroller General regarding System improvements.

``(vi) An assessment of the frequency and magnitude of changes made to the System and the impact on the ability for employers to comply in good faith.

``(vii) An assessment of the direct and indirect costs incurred by employers in complying with the System, including costs associated with retaining potential employees through the administrative appeals process and receiving a nonconfirmation.

``(viii) An assessment of any backlogs or delays in the System providing the confirmation or further action notice and impacts to hiring by employers.

``(e) Compliance.--

``(1) Complaints and investigations.--The Secretary shall establish procedures--

``(A) for individuals and entities to file complaints respecting potential violations of subsections (a) or (f)(1);

``(B) for the investigation of those complaints which the Secretary deems appropriate to investigate; and

``(C) for providing notification to the Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice of potential violations of section 274B.

``(2) Authority in investigations.--In conducting investigations and proceedings under this subsection--

``(A) immigration officers shall have reasonable access to examine evidence of the employer being investigated;

``(B) immigration officers designated by the Secretary, and administrative law judges and other persons authorized to conduct proceedings under this section, may compel by subpoena the attendance of relevant witnesses and the production of relevant evidence at any designated place in an investigation or case under this subsection. In case of refusal to fully comply with a subpoena lawfully issued under this paragraph, the Secretary may request that the Attorney General apply in an appropriate district court of the United States for an order requiring compliance with the subpoena, and any failure to obey such order may be punished by the court as contempt. Failure to cooperate with the subpoena shall be subject to further penalties, including further fines and the voiding of any mitigation of penalties or termination of proceedings under paragraph (4)(E); and

``(C) the Secretary, in cooperation with the Commissioner and Attorney General, and in consultation with other relevant agencies, shall establish a Joint Employment Fraud Task Force consisting of, at a minimum--

``(i) the System's compliance personnel;

``(ii) immigration law enforcement officers;

``(iii) personnel of the Office of Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice;

``(iv) personnel of the Office for Civil Rights and Civil Liberties of the Department; and

``(v) personnel of Office of Inspector General of the Social Security Administration.

``(3) Compliance procedures.--

``(A) Pre-penalty notice.--If the Secretary has reasonable cause to believe that there has been a civil violation of this section in the previous 3 years, the Secretary shall issue to the employer concerned a written notice of the Department's intention to issue a claim for a monetary or other penalty. Such pre-penalty notice shall--

``(i) describe the violation;

``(ii) specify the laws and regulations allegedly violated;

``(iii) disclose the material facts which establish the alleged violation;

``(iv) describe the penalty sought to be imposed; and

``(v) inform such employer that such employer shall have a reasonable opportunity to make representations as to why a monetary or other penalty should not be imposed.

``(B) Employer's response.--Whenever any employer receives written pre-penalty notice of a fine or other penalty in accordance with subparagraph (A), the employer may, within 60 days from receipt of such notice, file with the Secretary its written response to the notice. The response may include any relevant evidence or proffer of evidence that the employer wishes to present with respect to whether the employer violated this section and whether, if so, the penalty should be mitigated, and shall be filed and considered in accordance with procedures to be established by the Secretary.

``(C) Right to a hearing.--Before issuance of an order imposing a penalty on any employer, person, or entity, the employer, person, or entity shall be entitled to a hearing before an administrative law judge, if requested within 60 days of the notice of penalty. The hearing shall be held at the nearest location practicable to the place where the employer, person, or entity resides or of the place where the alleged violation occurred.

``(D) Issuance of orders.--If no hearing is so requested, the Secretary's imposition of the order shall constitute a final and unappealable order. If a hearing is requested and the administrative law judge determines, upon clear and convincing evidence received, that there was a violation, the administrative law judge shall issue the final determination with a written penalty claim. The penalty claim shall specify all charges in the information provided under clauses (i) through (iii) of subparagraph (A) and any mitigation of the penalty that the administrative law judge deems appropriate under paragraph (4)(E).

``(4) Civil penalties.--

``(A) Hiring or continuing to employ unauthorized aliens.--Any employer that violates any provision of subsection

(a)(1)(A) or (a)(2) shall--

``(i) pay a civil penalty of not less than $3,500 and not more than $7,500 for each unauthorized alien with respect to which each violation of either subsection (a)(1)(A) or (a)(2) occurred;

``(ii) if the employer has previously been fined as a result of a previous enforcement action or previous violation under this paragraph, pay a civil penalty of not less than

$5,000 and not more than $15,000 for each unauthorized alien with respect to which a violation of either subsection

(a)(1)(A) or (a)(2) occurred; and

``(iii) if the employer has previously been fined more than once under this paragraph, pay a civil penalty of not less than $10,000 and not more than $25,000 for each unauthorized alien with respect to which a violation of either subsection

(a)(1)(A) or (a)(2) occurred.

``(B) Enhanced penalties.--After the Secretary certifies to Congress that the System has been established, implemented, and made mandatory for use by all employers in the United States, the Secretary may establish an enhanced civil penalty for an employer who--

``(i) fails to query the System to verify the identify and work authorized status of an individual; and

``(ii) violates a Federal, State, or local law related to--

``(I) the payment of wages;

``(II) hours worked by employees; or

``(III) workplace health and safety.

``(C) Recordkeeping or verification practices.--Any employer that violates or fails to comply with any requirement under subsection (a)(1)(B), other than a minor or inadvertent failure, as determined by the Secretary, shall pay a civil penalty of--

``(i) not less than $500 and not more than $2,000 for each violation;

``(ii) if an employer has previously been fined under this paragraph, not less than $1,000 and not more than $4,000 for each violation; and

``(iii) if an employer has previously been fined more than once under this paragraph, not less than $2,000 and not more than $8,000 for each violation.

``(D) Other penalties.--The Secretary may impose additional penalties for violations, including cease and desist orders, specially designed compliance plans to prevent further violations, suspended fines to take effect in the event of a further violation, and in appropriate cases, the remedy provided by paragraph (f)(2).

``(E) Mitigation.--The Secretary or, if an employer requests a hearing, the administrative law judge, is authorized, upon such terms and conditions as the Secretary or administrative law judge deems reasonable and just and in accordance with such procedures as the Secretary may establish or any procedures established governing the administrative law judge's assessment of penalties, to reduce or mitigate penalties imposed upon employers, based upon factors including, the employer's hiring volume, compliance history, good-faith implementation of a compliance program, the size and level of sophistication of the employer, and voluntary disclosure of violations of this subsection to the Secretary. The Secretary or administrative law judge shall not mitigate a penalty below the minimum penalty provided by this section, except that the Secretary may, in the case of an employer subject to penalty for recordkeeping or verification violations only who has not previously been penalized under this section, in the Secretary's or administrative law judge's discretion, mitigate the penalty below the statutory minimum or remit it entirely. In any case where a civil money penalty has been imposed on an employer under section 274B for an action or omission that is also a violation of this section, the Secretary or administrative law judge shall mitigate any civil money penalty under this section by the amount of the penalty imposed under section 274B.

``(F) Effective date.--The civil money penalty amounts and the enhanced penalties provided by subparagraphs (A), (B), and (C) of this paragraph and by subsection (f)(2) shall apply to violations of this section committed on or after the date that is 1 year after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act. For violations committed prior to such date of enactment, the civil money penalty amounts provided by regulations implementing this section as in effect the minute before such date of enactment with respect to knowing hiring or continuing employment, verification, or indemnity bond violations, as appropriate, shall apply.

``(5) Order of internal review and certification of compliance.--

``(A) Employer compliance.--If the Secretary has reasonable cause to believe that an employer has failed to comply with this section, the Secretary is authorized, at any time, to require that the employer certify that it is in compliance with this section, or has instituted a program to come into compliance.

``(B) Employer certification.--

``(i) Requirement.--Except as provided in subparagraph (C), not later than 60 days after receiving a notice from the Secretary requiring a certification under subparagraph (A), an official with responsibility for, and authority to bind the company on, all hiring and immigration compliance notices shall certify under penalty of perjury that the employer is in conformance with the requirements of paragraphs (1) through (4) of subsection (c), pertaining to document verification requirements, and with subsection (d), pertaining to the System (once the System is implemented with respect to that employer according to the requirements under subsection (d)(2)), and with any additional requirements that the Secretary may promulgate by regulation pursuant to subsection (c) or (d) or that the employer has instituted a program to come into compliance with these requirements.

``(ii) Application.--Clause (i) shall not apply until the date that the Secretary certifies to Congress that the System has been established, implemented, and made mandatory for use by all employers in the United States.

``(C) Extension of deadline.--At the request of the employer, the Secretary may extend the 60-day deadline for good cause.

``(D) Standards or methods.--The Secretary is authorized to publish in the Federal Register standards or methods for such certification, require specific recordkeeping practices with respect to such certifications, and audit the records thereof at any time. This authority shall not be construed to diminish or qualify any other penalty provided by this section.

``(6) Requirements for review of a final determination.--With respect to judicial review of a final determination or penalty order issued under paragraph (3)(D), the following requirements apply:

``(A) Deadline.--The petition for review must be filed no later than 30 days after the date of the final determination or penalty order issued under paragraph (3)(D).

``(B) Venue and forms.--The petition for review shall be filed with the court of appeals for the judicial circuit where the employer's principal place of business was located when the final determination or penalty order was made. The record and briefs do not have to be printed. The court shall review the proceeding on a typewritten or electronically filed record and briefs.

``(C) Service.--The respondent is the Secretary. In addition to serving the respondent, the petitioner shall serve the Attorney General.

``(D) Petitioner's brief.--The petitioner shall serve and file a brief in connection with a petition for judicial review not later than 40 days after the date on which the administrative record is available, and may serve and file a reply brief not later than 14 days after service of the brief of the respondent, and the court may not extend these deadlines, except for good cause shown. If a petitioner fails to file a brief within the time provided in this paragraph, the court shall dismiss the appeal unless a manifest injustice would result.

``(E) Scope and standard for review.--The court of appeals shall conduct a de novo review of the administrative record on which the final determination was based and any additional evidence that the Court finds was previously unavailable at the time of the administrative hearing.

``(F) Exhaustion of administrative remedies.--A court may review a final determination under paragraph (3)(C) only if--

``(i) the petitioner has exhausted all administrative remedies available to the petitioner as of right, including any administrative remedies established by regulation, and

``(ii) another court has not decided the validity of the order, unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior judicial proceeding or that the remedy provided by the prior proceeding was inadequate or ineffective to test the validity of the order.

``(G) Enforcement of orders.--If the final determination issued against the employer under this subsection is not subjected to review as provided in this paragraph, the Attorney General, upon request by the Secretary, may bring a civil action to enforce compliance with the final determination in any appropriate district court of the United States. The court, on a proper showing, shall issue a temporary restraining order or a preliminary or permanent injunction requiring that the employer comply with the final determination issued against that employer under this subsection. In any such civil action, the validity and appropriateness of the final determination shall not be subject to review.

``(7) Creation of lien.--If any employer liable for a fee or penalty under this section neglects or refuses to pay such liability after demand and fails to file a petition for review (if applicable) as provided in paragraph (6), the amount of the fee or penalty shall be a lien in favor of the United States on all property and rights to property, whether real or personal, belonging to such employer. If a petition for review is filed as provided in paragraph (6), the lien shall arise upon the entry of a final judgment by the court. The lien continues for 20 years or until the liability is satisfied, remitted, set aside, or terminated.

``(8) Filing notice of lien.--

``(A) Place for filing.--The notice of a lien referred to in paragraph (7) shall be filed as described in 1 of the following:

``(i) Under state laws.--

``(I) Real property.--In the case of real property, in 1 office within the State (or the county, or other governmental subdivision), as designated by the laws of such State, in which the property subject to the lien is situated.

``(II) Personal property.--In the case of personal property, whether tangible or intangible, in 1 office within the State (or the county, or other governmental subdivision), as designated by the laws of such State, in which the property subject to the lien is situated, except that State law merely conforming to or reenacting Federal law establishing a national filing system does not constitute a second office for filing as designated by the laws of such State.

``(ii) With clerk of district court.--In the office of the clerk of the United States district court for the judicial district in which the property subject to the lien is situated, whenever the State has not by law designated 1 office which meets the requirements of clause (i).

``(iii) With recorder of deeds of the district of columbia.--In the office of the Recorder of Deeds of the District of Columbia, if the property subject to the lien is situated in the District of Columbia.

``(B) Situs of property subject to lien.--For purposes of subparagraph (A), property shall be deemed to be situated as follows:

``(i) Real property.--In the case of real property, at its physical location.

``(ii) Personal property.--In the case of personal property, whether tangible or intangible, at the residence of the taxpayer at the time the notice of lien is filed.

``(C) Determination of residence.--For purposes of subparagraph (B)(ii), the residence of a corporation or partnership shall be deemed to be the place at which the principal executive office of the business is located, and the residence of a taxpayer whose residence is outside the United States shall be deemed to be in the District of Columbia.

``(D) Effect of filing notice of lien.--

``(i) In general.--Upon filing of a notice of lien in the manner described in this paragraph, the lien shall be valid against any purchaser, holder of a security interest, mechanic's lien, or judgment lien creditor, except with respect to properties or transactions specified in subsection

(b), (c), or (d) of section 6323 of the Internal Revenue Code of 1986 for which a notice of tax lien properly filed on the same date would not be valid.

``(ii) Notice of lien.--The notice of lien shall be considered a notice of lien for taxes payable to the United States for the purpose of any State or local law providing for the filing of a notice of a tax lien. A notice of lien that is registered, recorded, docketed, or indexed in accordance with the rules and requirements relating to judgments of the courts of the State where the notice of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section.

``(iii) Other provisions.--The provisions of section 3201(e) of title 28, United States Code, shall apply to liens filed as prescribed by this paragraph.

``(E) Enforcement of a lien.--A lien obtained through this paragraph shall be considered a debt as defined by section 3002 of title 28, United States Code and enforceable pursuant to chapter 176 of such title.

``(9) Attorney general adjudication.--The Attorney General shall have jurisdiction to adjudicate administrative proceedings under this subsection. Such proceedings shall be conducted in accordance with requirements of section 554 of title 5, United States Code.

``(f) Criminal and Civil Penalties and Injunctions.--

``(1) Prohibition of indemnity bonds.--It is unlawful for an employer, in the hiring of any individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any potential liability arising under this section relating to such hiring of the individual.

``(2) Civil penalty.--Any employer who is determined, after notice and opportunity for mitigation of the monetary penalty under subsection (e), to have violated paragraph (1) shall be subject to a civil penalty of $10,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or, if the employee cannot be located, to the general fund of the Treasury.

``(g) Government Contracts.--

``(1) Contractors and recipients.--Whenever an employer who is a Federal contractor (meaning an employer who holds a Federal contract, grant, or cooperative agreement, or reasonably may be expected to submit an offer for or be awarded a government contract) is determined by the Secretary to have violated this section on more than 3 occasions or is convicted of a crime under this section, the employer shall be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the procedures and standards and for the periods prescribed by the Federal Acquisition Regulation. However, any administrative determination of liability for civil penalty by the Secretary or the Attorney General shall not be reviewable in any debarment proceeding.

``(2) Inadvertent violations.--Inadvertent violations of recordkeeping or verification requirements, in the absence of any other violations of this section, shall not be a basis for determining that an employer is a repeat violator for purposes of this subsection.

``(3) Other remedies available.--Nothing in this subsection shall be construed to modify or limit any remedy available to any agency or official of the Federal Government for violation of any contractual requirement to participate in the System, as provided in the final rule relating to employment eligibility verification published in the Federal Register on November 14, 2008 (73 Fed. Reg. 67,651), or any similar subsequent regulation.

``(h) Preemption.--Beginning on the date on which all employers are required to use the System pursuant to subsection (d)(2), the provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, relating to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens. A State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the System.

``(i) Deposit of Amounts Received.--Except as otherwise specified, civil penalties collected under this section shall be deposited by the Secretary into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act.

``(j) Challenges to Validity of the System.--

``(1) In general.--Any right, benefit, or claim not otherwise waived or limited pursuant to this section is available in an action instituted in the United States District Court for the District of Columbia, but shall be limited to determinations of--

``(A) whether this section, or any regulation issued to implement this section, violates the Constitution of the United States; or

``(B) whether such a regulation issued by or under the authority of the Secretary to implement this section, is contrary to applicable provisions of this section or was issued in violation of chapter 5 of title 5, United States Code.

``(2) Deadlines for bringing actions.--Any action instituted under this subsection must be filed no later than 180 days after the date the challenged section or regulation described in subparagraph (A) or (B) of paragraph (1) becomes effective. No court shall have jurisdiction to review any challenge described in subparagraph (B) after the time period specified in this subsection expires.

``(k) Criminal Penalties and Injunctions for Pattern or Practice Violations.--

``(1) Pattern and practice.--Any employer who engages in a pattern or practice of knowing violations of subsection

(a)(1)(A) or (a)(2) shall be fined under title 18, United States Code, no more than $10,000 for each unauthorized alien with respect to whom such violation occurs, imprisoned for not more than 2 years for the entire pattern or practice, or both.

``(2) Term of imprisonment.--The maximum term of imprisonment of a person convicted of any criminal offense under the United States Code shall be increased by 5 years if the offense is committed as part of a pattern or practice of violations of subsection (a)(1)(A) or (a)(2).

``(3) Enjoining of pattern or practice violations.--Whenever the Secretary or the Attorney General has reasonable cause to believe that an employer is engaged in a pattern or practice of employment in violation of subsection (a)(1)(A) or (a)(2), the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the employer, as the Secretary or Attorney General deems necessary.

``(l) Criminal Penalties for Unlawful and Abusive Employment.--

``(1) In general.--Any person who, during any 12-month period, knowingly employs or hires, employs, recruits, or refers for a fee for employment 10 or more individuals within the United States who are under the control and supervision of such person--

``(A) knowing that the individuals are unauthorized aliens; and

``(B) under conditions that violate section 5(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654(a)

(relating to occupational safety and health), section 6 or 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207) (relating to minimum wages and maximum hours of employment), section 3142 of title 40, United States Code,

(relating to required wages on construction contracts), or sections 6703 or 6704 of title 41, United States Code, (relating to required wages on service contracts),

shall be fined under title 18, United States Code, or imprisoned for not more than 10 years, or both.

``(2) Attempt and conspiracy.--Any person who attempts or conspires to commit any offense under this section shall be punished in the same manner as a person who completes the offense.''.

(b) Report on Use of the System in the Agricultural Industry.--Not later than 18 months after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall submit a report to Congress that assesses implementation of the Employment Verification System established under section 274A(d) of the Immigration and Nationality Act, as amended by subsection

(a), in the agricultural industry, including the use of such System technology in agriculture industry hiring processes, user, contractor, and third-party employer agent employment practices, timing and logistics regarding employment verification and reverification processes to meet agriculture industry practices, and identification of potential challenges and modifications to meet the unique needs of the agriculture industry. Such report shall review--

(1) the modality of access, training and outreach, customer support, processes for further action notices and secondary verifications for short-term workers, monitoring, and compliance procedures for such System;

(2) the interaction of such System with the process to admit nonimmigrant workers pursuant to section 218 or 218A of the Immigration and Nationality Act (8 U.S.C. 1188 et seq.) and with enforcement of the immigration laws; and

(3) the collaborative use of processes of other Federal and State agencies that intersect with the agriculture industry.

(c) Report on Impact of the System on Employers.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that assesses--

(1) the implementation of the Employment Verification System established under section 274A(d) of the Immigration and Nationality Act, as amended by subsection (a), by employers;

(2) any adverse impact on the revenues, business processes, or profitability of employers required to use such System; and

(3) the economic impact of such System on small businesses.

(d) Government Accountability Office Study of the Effects of Document Requirements on Employment Authorized Persons and Employers.--

(1) Study.--The Comptroller General of the United States shall carry out a study of--

(A) the effects of the documentary requirements of section 274A of the Immigration and Nationality Act, as amended by subsection (a), on employers, naturalized United States citizens, nationals of the United States, and individuals with employment authorized status; and

(B) the challenges such employers, citizens, nationals, or individuals may face in obtaining the documentation required under that section.

(2) Report.--Not later than 4 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the findings of the study carried out under paragraph (1). Such report shall include, at a minimum, the following:

(A) An assessment of available information regarding the number of working age nationals of the United States and individuals who have employment authorized status who lack documents required for employment by such section 274A.

(B) A description of the additional steps required for individuals who have employment authorized status and do not possess the documents required by such section 274A to obtain such documents.

(C) A general assessment of the average financial costs for individuals who have employment authorized status who do not possess the documents required by such section 274A to obtain such documents.

(D) A general assessment of the average financial costs and challenges for employers who have been required to participate in the Employment Verification System established by subsection (d) of such section 274A.

(E) A description of the barriers to individuals who have employment authorized status in obtaining the documents required by such section 274A, including barriers imposed by the executive branch of the Government.

(F) Any particular challenges facing individuals who have employment authorized status who are members of a federally recognized Indian tribe in complying with the provisions of such section 274A.

(e) Repeal of Pilot Programs and E-Verify and Transition Procedures.--

(1) Repeal.--Sections 401, 402, 403, 404, and 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) are repealed.

(2) Transition procedures.--

(A) Continuation of e-verify program.--Notwithstanding the repeals made by paragraph (1), the Secretary shall continue to operate the E-Verify Program as described in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note), as in effect the minute before the date of the enactment of this Act, until the transition to the System described in section 274A(d) of the Immigration and Nationality Act, as amended by subsection (a), is determined by the Secretary to be complete.

(B) Transition to the system.--Any employer who was participating in the E-Verify Program described in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note), as in effect the minute before the date of the enactment of this Act, shall participate in the System described in section 274A(d) of the Immigration and Nationality Act, as amended by subsection (a), to the same extent and in the same manner that the employer participated in such E-Verify Program.

(3) Construction.--The repeal made by paragraph (1) may not be construed to limit the authority of the Secretary to allow or continue to allow the participation in such System of employers who have participated in such E-Verify Program, as in effect on the minute before the date of the enactment of this Act.

(f) Conforming Amendment.--Section 274(a) (8 U.S.C. 1324(a)) is amended--

(1) by striking paragraph (3); and

(2) by redesignating paragraph (4) as paragraph (3).

(g) Information Sharing.--The Commissioner of Social Security, the Secretary, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may lead to the identification of unauthorized aliens (as described in section 274A of the Immigration and Nationality Act, as amended by subsection

(a)), including--

(1) no-match letters; and

(2) any information in the earnings suspense file.

______

SA 1577. Mr. VITTER 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:

(c) Triggers.--The Secretary may not commence processing applications for registered provisional immigrant status pursuant to section 245B of the Immigration and Nationality Act, as added by section 2101 of this Act, until 6 months after the date on which the Secretary, after consultation with the Attorney General, the Secretary of Defense, the Inspector General of the Department, and the Comptroller General of the United States, submits to the President and Congress a written certification that--

(i) the Comprehensive Southern Border Security Strategy--

(I) has been submitted to Congress and includes minimum requirements described under paragraphs (3), (4), and (5) of section 5(a);

(II) is deployed and operational (for purposes of this clause the term ``operational'' means the technology, infrastructure, and personnel, deemed necessary by the Secretary, in consultation with the Attorney General and the Secretary of Defense, and the Comptroller General, and includes the technology described under section 5(a)(3) to achieve effective control of the Southern border, has been procured, funded, and is in current use by the Department achieve effective control, except in the event of routine maintenance, de minimis non-deployment, or natural disaster that would prevent the use of such assets);

(ii) the Southern Border Fencing Strategy has been submitted to Congress and implemented, and as a result the Secretary will certify that there is in place along the Southern Border no fewer than 700 miles of pedestrian fencing which will include replacement of all currently existing vehicle fencing on non-tribal lands on the Southern Border with pedestrian fencing where possible, and after this has been accomplished may include a second layer of pedestrian fencing in those locations along the Southern Border which the Secretary deems necessary or appropriate;

(iii) the Secretary has implemented the mandatory employment verification system required by section 274A of the Immigration and Nationality Act (8 U.S.C.1324a), as amended by section 3101, for use by all employers to prevent unauthorized workers from obtaining employment in the United States;

(iv) the Secretary is using the electronic exit system created by section 3303(a)(1) at all international air and sea ports of entry within the United States where U.S. Customs and Border Protection officers are currently deployed; and

(v) no fewer than 38,405 trained fulltime active duty U.S. Border Patrol agents are deployed, stationed, and maintained along the Southern Border.

______

SA 1578. Mr. VITTER 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:

On page 3 of the amendment, strike line 4 and all that follows through line 25, and insert the following:

``(c) Triggers.--The Secretary may not commence processing applications for registered provisional immigrant status pursuant to section 245B of the Immigration and Nationality Act, as added by section 2101 of this Act, until 6 months after the date on which the''.

______

SA 1579. Mr. CRUZ 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:

Strike sections 1101 through 1122 and insert the following:

SEC. 1101. BORDER SECURITY REQUIREMENTS.

(a) In General.--During the 3-year period beginning on the date of the enactment of this Act, the Secretary shall--

(1) triple the number of U.S. Border Patrol agents stationed along the international border between the United States and Mexico;

(2) quadruple the equipment and other assets stationed along such border, including cameras, sensors, drones, and helicopters, to enable continuous monitoring of the border;

(3) complete all of the fencing required under the Secure Fence Act of 2006 (Public Law 109-367);

(4) develop, in cooperation with the Department of Defense and all Federal law enforcement agencies, a policy ensuring real-time sharing of information among all Federal law enforcement agencies regarding--

(A) smuggling routes for humans and contraband;

(B) patterns in illegal border crossings;

(D) all other information pertinent to border security;

(5) complete and fully implement the United States Visitor and Immigrant Status Indicator Technology (US-VISIT), including the biometric entry-exist portion; and

(6) establish operational control (as defined in section 2(b) of the Secure Fence Act of 2006 (Public Law 109-367)) over 100 percent of the international border between the United States and Mexico.

(b) Triggers.--The Secretary may not commence processing applications for registered provisional immigrant status pursuant to section 245B of the Immigration and Nationality Act, as added by section 2101, or blue card status under section 2111 until the Secretary has substantially complied with all of the requirements set forth in subsection (a).

(1) Initial reductions.--If, on the date that is 3 years after the date of the enactment of this Act, the Secretary has failed to substantially comply with all of the requirements set forth in subsection (a)--

(A) the amount appropriated to the Department for the following fiscal year shall be automatically reduced by 20 percent;

(B) an amount equal to the reduction under subparagraph (A) shall be made available, in block grants, to the States of Arizona, California, New Mexico, and Texas for securing the international border between the United States and Mexico; and

(2) Subsequent years.--If, on the date that is 4, 5, 6, or 7 years after the date of the enactment of this Act, the Secretary has failed to substantially comply with all of the requirements set forth in subsection (a)--

(A) the reductions and block grants authorized under subparagraphs (A) and (B) of paragraph (1) shall increase by an additional 5 percent of the amount appropriated to the Department before the reduction authorized under paragraph

(1)(A); and

(B) the salary of all political appointees at the Department shall be reduced by an additional 5 percent.

(d) Authorization of Appropriations.--

(1) In general.--Subject to paragraph (2), there are authorized to be appropriated to carry out this title such sums as may be necessary for each of the fiscal year 2014 through 2018.

(2) Offset.--

(A) In general.--Any amounts appropriated pursuant to paragraph (1) shall be offset by an equal reduction in the amounts appropriated for other purposes.

(B) Rescission.--If the reductions required under subparagraph (A) are not made during the 180-day period beginning on the date of the enactment of this Act, there shall be rescinded, from all unobligated amounts appropriated for any Federal agency (other than the Department of Defense), on a proportionate basis, an amount equal to the amount appropriated pursuant to paragraph (1).

______

SA 1580. Mr. CRUZ 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. __. PROHIBITION ON FUNDING.

(a) In General.--Notwithstanding any other provision of law, no Federal funds shall be made available to carry out the Patient Protection and Affordable Care Act (Public Law 111-148) or title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), or the amendments made by either such Act, until such time as there are no aliens remaining in registered provisional immigrant status.

(b) Limitation.--No entitlement to benefits under any provision referred to in subsection (a) shall remain in effect on and after the date of the enactment of this Act until such time as there are no aliens remaining in registered provisional immigrant status.

______

SA 1581. Mr. CRUZ 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 title III, add the following:

Subtitle __--Protecting Voter Integrity

SEC. 3921. STATES PERMITTED TO REQUIRE PROOF OF CITIZENSHIP

FOR VOTER REGISTRATION.

Section 6 of the National Voter Registration Act of 1993

(42 U.S.C. 1973gg-4) is amended by adding at the end the following new subsection:

``(e) Proof of Citizenship.--Nothing in subsection (a) shall be construed to preempt any State law requiring evidence of citizenship in order to complete any requirement to register to vote in elections for Federal office.''.

______

SA 1582. Mr. CRUZ 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 subchapter A of chapter 1 of title II, add the following:

SEC. 2216. INELIGIBILITY FOR MEANS-BASED BENEFITS OF ALIENS

ENTERING OR REMAINING IN UNITED STATES WHILE

NOT IN LAWFUL STATUS.

Notwithstanding any provision of this Act or any other provision of law, any alien who, after entering or remaining in the United States while not in lawful status under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), was granted legal status under section 245B of the Immigration and Nationality Act, as added by section 2101, including aliens described in section 245D(b)(1) of such Act, or blue card status under section 2211, regardless of the alien's legal status at the time the alien applies for a benefit described in paragraph (1) or (2), shall not be eligible for--

(1) any Federal, State, or local government means-tested benefit; or

(2) any benefit under the Patient Protection and Affordable Care Act (Pub. L. 111-148).

SEC. 2217. IMMIGRANT CATEGORIES INELIGIBLE FOR UNITED STATES

CITIZENSHIP.

Notwithstanding any other provision of law, aliens granted registered provisional immigrant status under section 245B of the Immigration and Nationality Act, as added by section 2101, including aliens described in section 245D(b)(1) of such Act, and aliens granted blue card status under section 2211 are permanently ineligible to become naturalized citizens of the United States, except for aliens granted asylum pursuant to section 208 of such Act (8 U.S.C. 1158).

______

SA 1583. Mr. CRUZ 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 subchapter A of chapter 1 of subtitle B of title II, add the following:

SEC. 2216. IMMIGRANT CATEGORIES INELIGIBLE FOR UNITED STATES

CITIZENSHIP.

______

SA 1584. Mr. CRUZ 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: SEC. __. INELIGIBILITY FOR MEANS-BASED BENEFITS OF ALIENS

ENTERING OR REMAINING IN UNITED STATES WHILE

NOT IN LAWFUL STATUS.

Notwithstanding any provision of this Act or any other provision of law, no alien who has entered or remained in the United States while not in lawful status under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall be eligible for any Federal, State, or local government means-tested benefit, nor shall such alien be eligible for any benefit under the Patient Protection and Affordable Care Act (Pub. L. 111-148), regardless of the alien's legal status at the time of application for such benefit.

______

SA 1585. Mr. CRUZ 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:

Strike subtitles A and B of title IV and insert the following:

Subtitle A--Employment-based Nonimmigrant Visas

SEC. 4101. MARKET-BASED H-1B VISA LIMITS.

(a) In General.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is amended--

(1) in the matter preceding subparagraph (A), by striking

``(beginning with fiscal year 1992)''; and

(2) by amending subparagraph (A) to read as follows:

``(A) under section 101(a)(15)(H)(i)(b) may not exceed--

``(i) 65,000 in fiscal year 2013; and

``(ii) 325,000 in each subsequent fiscal year; and'';

SEC. 4102. WORK AUTHORIZATION FOR DEPENDENT SPOUSES OF H-1B

NONIMMIGRANTS.

Section 214(n) (8 U.S.C. 1184(n)) is amended--

(1) by amending the subsection heading to read as follows

``Employment Authorization for H-1B Nonimmigrants and Their Spouses''; and

(2) by adding at the end the following:

``(3) The spouse of an alien provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept employment in the United States while his or her principal alien spouse lawfully maintains such status while in the United States.''.

SEC. 4103. AUTHORIZATION OF DUAL INTENT.

(a) Definition.--Section 101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking ``which he has no intention of abandoning'' and inserting ``which, if the alien is not pursuing a course of study at an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), the alien has no intention of abandoning''.

(b) Presumption of Status; Intention To Abandon Foreign Residence.--Section 214 (8 U.S.C. 1184) is amended--

(1) in subsection (b), by striking ``(L) or (V)'' and inserting ``(F), (L), or (V)''; and

(2) in subsection (h), by striking ``(H)(i)(b) or (c)'' and inserting ``(F), (H)(i)(b), (H)(i)(c)''.

SEC. 4104. H-1B FEE INCREASE.

(a) In General.--Section 214(c)(9) (8 U.S.C. 1184(c)(9)) is amended by striking subparagraphs (B) and (C) and inserting the following:

``(B) The amount of the fee imposed under subparagraph (A) shall be--

``(i) $2,500 for each such petition by an employer with more than 25 full-time equivalent employees who are employed in the United States, including any affiliate or subsidiary of such employer; or

``(ii) $1,250 for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States, including any affiliate or subsidiary of such employer.

``(C) Of the amounts collected under this paragraph--

``(i) 60 percent shall be deposited in the H-1B Nonimmigrant Petitioner Account in accordance with section 286(s); and

``(ii) 40 percent shall be deposited in the STEM Education and Training Account established under section 286(w).''.

(b) STEM Education and Training Account.--Section 286 (8 U.S.C. 1356) is amended by adding at the end the following:

``(w) STEM Education and Training Account.--

``(1) In general.--There is established in the general fund of the Treasury a separate account, which shall be known as the `STEM Education and Training Account' (referred to in this subsection as the `Account').

``(2) Deposits.--There shall be deposited as offsetting receipts into the Account 40 percent of the fees collected under section 214(c)(9)(B).

``(3) Use of funds.--Amounts deposited in the Account may be used to enhance the economic competitiveness of the United States by--

``(A) establishing a block grant program for States to promote STEM education; and

``(B) carrying out programs to bridge STEM education with employment, such as work-study program.''.

______

SA 1586. Mr. CRUZ 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:

Strike sections 2303 through 2307 and insert the following:

SEC. 2303. ELIMINATION OF ARBITRARY LIMITATION OF FOREIGN

NATIONALITIES.

(a) Repeal.--Section 202 (8 U.S.C. 1152) is repealed.

(b) Conforming Amendment.--Section 203(b) (8 U.S.C. 1153(b)) is amended by striking paragraph (6).

SEC. 2304. ELIMINATION OF DIVERSITY VISA LOTTERY.

(a) Repeal.--Section 203(c) (8 U.S.C. 1153(c)) is repealed.

(b) Conforming Amendments.--Title II (8 U.S.C. 1151 et seq.) is amended--

(1) in section 201--

(A) in subsection (a), by striking paragraph (3); and

(B) by striking subsection (e); and

(2) in section 204(a)(1), by striking subparagraph (I).

SEC. 2305. FAMILY-SPONSORED IMMIGRANTS.

(a) Numerical Limitations.--Section 201(c) (8 U.S.C. 1151(c)) is amended to read as follows:

``(c) Worldwide Level of Family-sponsored Immigrants.--The maximum worldwide level of family-sponsored immigrants for each fiscal year shall be 337,500.''.

(b) Visa Allocation for Family-sponsored Immigrants .--Section 203(a) (8 U.S.C. 1153(a)) is amended to read as follows:

``(a) Visa Allocation for Family-sponsored Immigrants.--Qualified immigrants who are the unmarried sons or unmarried daughters (but not children) of a citizen of the United States or an alien lawfully admitted for permanent residence shall be allocated all of the visas made available under section 201(c).''.

(c) Expansion of Immediate Relative Definition.--Section 201(b)(2)(A) (8 U.S.C. 1151(b)(2)(A)) is amended to read as follows:

``(A)(i) Immediate relatives.

``(ii) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent who is an immediate relative.

``(iii) In this subparagraph the term `immediate relatives' means the children, spouse, and parents of a citizen of the United States or of a lawful permanent resident. If the immediate relative is a parent, the citizen or permanent resident shall be at least 21 years of age. If the alien was the spouse of a citizen of the United States or of a lawful permanent resident and was not legally separated from the citizen or permanent resident at the time of the citizen's or permanent resident's death, the alien (and each child of the alien) shall be considered, for purposes of this subparagraph, to remain an immediate relative after the date of the citizen's or permanent resident's death and until the date the spouse remarries if the spouse files a petition under section 204(a)(1)(A)(ii) not later than 2 years after such death. An alien who has filed a petition under clause

(iii) or (iv) of section 204(a)(1)(A) shall remain an immediate relative if the United States citizen or lawful permanent resident spouse or parent loses United States citizenship or lawful permanent resident status on account of the abuse.''.

(d) Conforming Amendments.--The Act (8 U.S.C. 1101 et seq.) is amended--

(1) in section 101(a)(15)(V), by striking ``203(a)(2)(A)'' each place it appears and inserting ``203(a)'';

(2) in section 201(f)--

(A) in paragraph (2), by striking ``203(a)(2)(A)'' and inserting ``203(a)''; and

(B) by striking paragraph (3); and

(D) in paragraph (3), as redesignated, by striking ``(1) through (3)'' and inserting ``(1) and (2)''; and

(3) in section 204--

(A) in subsection (a)(1)--

(i) in subparagraph (A)(i), by striking ``paragraph (1),

(3), or (4) of section 203(a)'' and inserting ``section 203(a)''; and

(ii) in subparagraph (B)--

(I) in clause (i)(I), by striking ``section 203(a)(2)'' and inserting ``section 203(a)''; and

(II) in clause (ii), by striking ``clause (iii) of section 203(a)(2)(A)'' each place it appears and inserting ``section 203(a)''; and

(III) in clause (iii), by striking ``section 203(a)(2)(A)'' and inserting ``section 203(a)''; and

(iii) in subparagraph (D)(i)(I), by striking ``paragraph

(1), (2), or (3) of section 203(a)'' and inserting ``section 203(a)'';

(B) in subsection (a)(2)(A), in the undesignated matter after clause (ii), by striking ``preference status under section 203(a)(2)'' and inserting ``status as an immediate relative under section 201(b)(2)(A)''; and

SEC. 2306. EMPLOYMENT-BASED IMMIGRANTS.

(a) Numerical Limitations.--Section 201(d) (8 U.S.C. 1151(c)) is amended to read as follows:

``(d) Worldwide Level of Employment-based Immigrants.--The maximum worldwide level of employment-based immigrants for each fiscal year shall be 1,012,500.''.

(b) Visa Allocation for Employment-based Immigrants .--Section 203(b) (8 U.S.C. 1153(a)) is amended to read as follows:

``(b) Visa Allocation for Employment-based Immigrants.--Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allocated visas as follows:

``(1) Highly-skilled workers.--Up to 607,500 visas shall be allocated each fiscal year to qualified immigrants described in this paragraph, with preference to be given to immigrants described in subparagraph (A).

``(A) Advanced degrees in stem field.--An alien described in this paragraph holds an advanced degree in science, technology, engineering, or mathematics from an accredited institution of higher education in the United States.

``(B) Aliens with extraordinary ability.--An alien described in this subparagraph--

``(i) has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation;

``(ii) seeks to enter the United States to continue work in the area of extraordinary ability; and

``(iii) will substantially benefit the United States.

``(C) Outstanding professors and researchers.--An alien described in this subparagraph--

``(i) is recognized internationally as outstanding in a specific academic area;

``(ii) has at least 3 years of experience in teaching or research in the academic area; and

``(iii) seeks to enter the United States--

``(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area;

``(II) for a comparable position with a university or institution of higher education to conduct research in the area; or

``(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

``(D) Certain multinational executives and managers.--An alien described in this subparagraph, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

``(E) Skilled workers, professionals, and other workers.--An alien described in this subparagraph--

``(i) is capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States; or

``(ii) holds a baccalaureate degree and is a members of the professions.

``(F) Employment creation.--An alien described in this subparagraph seeks to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)--

``(i) in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than $1,000,000; and

``(ii) which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).

``(2) Workers in designated shortage occupations.--Up to 405,000 visas shall be allocated each fiscal year to qualified immigrants who--

``(A) are not described in paragraph (1); and

``(B) have at least 2 years experience in an occupation designated by the Bureau of Labor Statistics as experiencing a shortage of labor throughout the United States.''.

(1) by striking ``(a), (b), or (c)'' and inserting ``(a) or

(b)''; and

(2) by adding at the end the following: ``The spouse, children, or parents of an alien receiving a visa under subsection 203(b) who are accompanying or following to join the alien shall be counted against the numerical limitations set forth in subsection (b).''.

SEC. 2307. ONLINE PORTAL FOR LAWFUL PERMANENT RESIDENT

APPLICATIONS.

(a) Establishment.--The Secretary shall establish an online portal through which individuals may submit applications for lawful permanent resident status.

(b) Features.--The online portal established pursuant to subsection (a) shall provide--

(1) step-by-step instructions, in plain English, describing what information and supporting documentation is required to be submitted;

(2) an e-mail or text message to notify applicants of changes in the status of their application.

(c) User Fee.--In addition to any other fees required of applicants for lawful permanent under any other provision of law, the Secretary may charge individuals who apply for such status through the online portal established pursuant to subsection (a) a fee in an amount sufficient to pay for the costs of maintaining the online portal.

(d) Time Limitation.--All petitions submitted through the online portal established pursuant to subsection (a) shall be adjudicated in 60 days or less.

(e) Naturalization of Employees of Certain National Security Facilities Without Regard to Residency Requirements.--Section 316 (8 U.S.C. 1427) is amended by adding at the end the following:

``(g)(1) Any person who, while an alien or a noncitizen national of the United States, has been employed in a research capacity at a Federal national security, science, and technology laboratory, center, or agency (as defined pursuant to section 203(b)(2)(C)) for a period or periods aggregating one year or more may, in the discretion of the Secretary, be naturalized without regard to the residence requirements of this section if the person--

``(A) has complied with all requirements as determined by the Secretary of Homeland Security, the Secretary of Defense, the Secretary of Energy, or the head of a petitioning department or agency of the Federal Government, including contractual requirements to maintain employment in a research capacity with a Federal national security, science, and technology laboratory, center, or agency for a period not to exceed five years; and

``(B) has favorably completed and adjudicated a background investigation at the appropriate level, from the employing department or agency of the Federal Government within the last five years.

``(2) The number of aliens or noncitizen nationals naturalized in any fiscal year under this subsection shall not exceed a number as defined by the Secretary of Homeland Security, in consultation with the head of the petitioning department or agency of the Federal Government.''.

______

SA 1587. Mr. CRUZ submitted an amendment intended to be proposed by him 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: