Keeping the Promise of IRCA Act - Amends the Immigration and Nationality Act to require an employer to attest, during the verification period and under penalty of perjury, that the employer has verified that an individual is not an unauthorized alien by: (1) obtaining and recording the individual's social security account number, and (2) examining specified documents that establish such individual's identity and employment authorization.
Requires an individual to attest that he or she is a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the United States. Subjects an individual who knowingly uses the social security number or other identification of another person to criminal penalties.
Directs the Secretary of Homeland Security (DHS) (Secretary) to establish an employment eligibility verification system (EEVS), patterned after the E-Verify system. (Eliminates the current paper-based I-9 system.)
Sets forth EEVS responsibilities of the Commissioner of Social Security (SSA) and the Secretary.
Establishes a phased-in EEVS participation deadline (six months to two years) for different categories of employers.
Directs the Secretary to work with the states to establish a common data set and data exchange protocol for electronic birth and death registration systems.
Directs the Secretary to check against all available terrorist watch lists those alien smugglers and smuggled individuals who are interdicted at U.S. land, air, and sea borders.
Revises alien smuggling and related criminal offense and penalty provisions.
Provides extraterritorial jurisdiction over such offenses.
Limits a defense of necessity for knowingly bringing an illegal alien into the United States from the high seas.
Exempts from certain of such violations a bona fide nonprofit, religious organization in the United States that enables an alien who is present in the United States to serve as a volunteer minister or missionary for such organization in the United States.
Prohibits a state or local government from receiving criminal alien assistance program (SCAAP) assistance if it is not in compliance with the prohibition of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 against any restriction by a government entity or official of communications by any other government entity or official with a federal immigration agency involving information about an individual's citizenship or immigration status.
Grants specified arrest and weapons authority to Immigration and Customs Enforcement (ICE) enforcement agents and deportation officers who have completed immigration enforcement training.
Authorizes the Secretary to hire 2,500 ICE detention enforcement officers.
Directs the Secretary to: (1) hire additional ICE deportation enforcement officers and support personnel; (2) assist state or local gang or drug task forces if requested; (3) assist federal, state, and county prisons or jails; (4) increase ICE detention capacity; (5) hire additional ICE prosecutors; and (6) establish a pilot program to allow deportation officers and immigration enforcement agents to electronically process and serve charging documents and place detainers while in the field.
Requires immigration officers who encounter illegal aliens with specified criminal convictions, gang affiliations, or who pose a risk to public safety or national security to process such aliens and refer them for removal proceedings by issuing a Notice to Appear.
Amends the the Immigration and Nationality Act to: (1) prohibit issuance of visas to citizens, subjects, nationals, or residents of a country listed in the most recent quarterly delayed repatriation report until the Secretary notifies the Secretary of State that the country is no longer listed, or each alien listed in the report with respect to such country has been removed from the United States; and (2) deny entrance to visa holders who are citizens, subjects, nationals, or residents, of such a country.
Directs the Attorney General (DOJ) to create and fill 20 additional immigration judgeships.
Establishes an ICE Advisory Council.
Directs the Secretary to: (1) develop the biometric automated entry and exit control system within two years; and (2) establish biometric exit pilot programs at a minimum of 10 land ports of entry, including at least two each in California, Arizona, New Mexico, and Texas, and at least two on the U.S.-Canada border.
Requires DHS to assess the effectiveness of border enforcement strategies and tools by using the metric of operational control. (Defines operational control as the prevention of all unlawful U.S. entries, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.)
Directs the Secretary to develop a national strategy to secure the borders that describes actions to be carried out to achieve operational control over all U.S. ports of entry and the U.S. international land and maritime borders by December 31, 2015.
Provides for border technology improvement through equipment sharing with the Department of Defense (DOD).
Requires that ICE and U.S. Customs and Border Protection (CBP) personnel be provided with adequate equipment to ensure their safety.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2124 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2124
To amend the Immigration and Nationality Act to improve worksite
enforcement, prevent crime, and gain operational control of the
borders, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2013
Mr. Barrow of Georgia introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committees on
Homeland Security, Ways and Means, Armed Services, and Education and
the Workforce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to improve worksite
enforcement, prevent crime, and gain operational control of the
borders, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Keeping the
Promise of IRCA Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--WORKSITE ENFORCEMENT THAT WORKS
Sec. 101. Employment eligibility verification process.
Sec. 102. Employment eligibility verification system.
Sec. 103. Recruitment, referral, and continuation of employment.
Sec. 104. Good faith defense.
Sec. 105. Repeal.
Sec. 106. Penalties.
TITLE II--CRIME PREVENTION AND PENALTIES
Sec. 201. Establishment of electronic birth and death registration
systems.
Sec. 202. Enhanced penalties for document fraud.
Sec. 203. Alien smuggling and terrorism prevention.
Sec. 204. Eligibility for State criminal alien assistance program
funding.
Sec. 205. ICE immigration enforcement agents.
Sec. 206. ICE detention enforcement officers.
Sec. 207. Additional ICE deportation officers and support staff.
Sec. 208. Assisting gang and drug task forces.
Sec. 209. Protecting communities.
Sec. 210. Protecting public safety and removing criminal aliens.
Sec. 211. Pilot program for electronic field processing.
Sec. 212. Restricting visas for countries that refuse to repatriate
their nationals.
Sec. 213. Additional ICE detention space.
Sec. 214. Additional immigration judgeships and law clerks.
Sec. 215. Additional ICE prosecutors.
Sec. 216. Ensuring the safety of ICE officers and agents.
Sec. 217. ICE Advisory Council.
TITLE III--GAINING OPERATIONAL CONTROL OF AMERICA'S BORDERS
Sec. 301. Automated entry-exit control system.
Sec. 302. Measuring border security.
Sec. 303. National strategy to achieve operational control of America's
borders.
Sec. 304. Improving border technology.
Sec. 305. Ensuring the safety of border patrol agents.
TITLE I--WORKSITE ENFORCEMENT THAT WORKS
SEC. 101. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.
(a) In General.--Section 274A(b) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
``(b) Employment Eligibility Verification Process.--
``(1) New hires, recruitment, and referral.--The
requirements referred to in paragraphs (1)(B) and (3) of
subsection (a) are, in the case of a person or other entity
hiring, recruiting, or referring an individual for employment
in the United States, the following:
``(A) Attestation after examination of
documentation.--
``(i) Attestation.--On the date of hire (as
defined in subsection (h)(4)), the person or
entity shall attest, under penalty of perjury
and on a form, including electronic and
telephonic formats, designated or established
by the Secretary by regulation not later than 6
months after the date of the enactment of the
Keeping the Promise of IRCA Act, that it has
verified that the individual is not an
unauthorized alien by--
``(I) obtaining from the individual
the individual's social security
account number and recording the number
on the form (if the individual claims
to have been issued such a number),
and, if the individual does not attest
to United States nationality under
subparagraph (B), obtaining such
identification or authorization number
established by the Department of
Homeland Security for the alien as the
Secretary of Homeland Security may
specify, and recording such number on
the form; and
``(II) examining--
``(aa) a document relating
to the individual presenting it
described in clause (ii); or
``(bb) a document relating
to the individual presenting it
described in clause (iii) and a
document relating to the
individual presenting it
described in clause (iv).
``(ii) Documents evidencing employment
authorization and establishing identity.--A
document described in this subparagraph is an
individual's--
``(I) unexpired United States
passport or passport card;
``(II) unexpired permanent resident
card that contains a photograph;
``(III) unexpired employment
authorization card that contains a
photograph;
``(IV) in the case of a
nonimmigrant alien authorized to work
for a specific employer incident to
status, a foreign passport with Form I-
94 or Form I-94A, or other
documentation as designated by the
Secretary specifying the alien's
nonimmigrant status as long as the
period of status has not yet expired
and the proposed employment is not in
conflict with any restrictions or
limitations identified in the
documentation;
``(V) passport from the Federated
States of Micronesia (FSM) or the
Republic of the Marshall Islands (RMI)
with Form I-94 or Form I-94A, or other
documentation as designated by the
Secretary, indicating nonimmigrant
admission under the Compact of Free
Association Between the United States
and the FSM or RMI; or
``(VI) other document designated by
the Secretary of Homeland Security, if
the document--
``(aa) contains a
photograph of the individual
and biometric identification
data from the individual and
such other personal identifying
information relating to the
individual as the Secretary of
Homeland Security finds, by
regulation, sufficient for
purposes of this clause;
``(bb) is evidence of
authorization of employment in
the United States; and
``(cc) contains security
features to make it resistant
to tampering, counterfeiting,
and fraudulent use.
``(iii) Documents evidencing employment
authorization.--A document described in this
subparagraph is an individual's social security
account number card (other than such a card
which specifies on the face that the issuance
of the card does not authorize employment in
the United States).
``(iv) Documents establishing identity of
individual.--A document described in this
subparagraph is--
``(I) an individual's unexpired
State issued driver's license or
identification card if it contains a
photograph and information such as
name, date of birth, gender, height,
eye color, and address;
``(II) an individual's unexpired
U.S. military identification card;
``(III) an individual's unexpired
Native American tribal identification
document issued by a tribal entity
recognized by the Bureau of Indian
Affairs; or
``(IV) in the case of an individual
under 18 years of age, a parent or
legal guardian's attestation under
penalty of law as to the identity and
age of the individual.
``(v) Authority to prohibit use of certain
documents.--If the Secretary of Homeland
Security finds, by regulation, that any
document described in clause (i), (ii), or
(iii) as establishing employment authorization
or identity does not reliably establish such
authorization or identity or is being used
fraudulently to an unacceptable degree, the
Secretary may prohibit or place conditions on
its use for purposes of this paragraph.
``(vi) Signature.--Such attestation may be
manifested by either a hand-written or
electronic signature.
``(B) Individual attestation of employment
authorization.--
``(i) In general.--During the verification
period (as defined in subparagraph (F)), the
individual shall attest, under penalty of
perjury on the form designated or established
for purposes of subparagraph (A), that the
individual is a citizen or national of the
United States, an alien lawfully admitted for
permanent residence, or an alien who is
authorized under this Act or by the Secretary
of Homeland Security to be hired, recruited, or
referred for such employment. Such attestation
may be manifested by either a hand-written or
electronic signature. The individual shall also
provide that individual's social security
account number (if the individual claims to
have been issued such a number), and, if the
individual does not attest to United States
nationality under this subparagraph, such
identification or authorization number
established by the Department of Homeland
Security for the alien as the Secretary may
specify.
``(ii) Criminal penalty.--
``(I) Offenses.--Any individual
who, pursuant to clause (i), provides a
social security account number or an
identification or authorization number
established by the Secretary of
Homeland Security that belongs to
another person, knowing that the number
does not belong to the individual
providing the number, shall be fined
under title 18, United States Code,
imprisoned not less than 1 year and not
more than 15 years, or both. Any
individual who, pursuant to clause (i),
provides, during and in relation to any
felony violation enumerated in section
1028A(c) of title 18, United States
Code, a social security account number
or an identification or authorization
number established by the Secretary of
Homeland Security that belongs to
another person, knowing that the number
does not belong to the individual
providing the number, in addition to
the punishment provided for such
felony, shall be fined under title 18,
United States Code, imprisoned for a
term of 2 years, or both.
``(II) Consecutive sentence.--
Notwithstanding any other provision of
law--
``(aa) a court shall not
place on probation any
individual convicted of a
violation of this clause;
``(bb) except as provided
in item (dd), no term of
imprisonment imposed on an
individual under this section
shall run concurrently with any
other term of imprisonment
imposed on the individual under
any other provision of law,
including any term of
imprisonment imposed for the
felony enumerated in section
1028A(c) of title 18, United
States Code, during which the
violation of this section
occurred;
``(cc) in determining any
term of imprisonment to be
imposed for the felony
enumerated in section 1028A(c)
of title 18, United States
Code, during which the
violation of this clause
occurred, a court shall not in
any way reduce the term to be
imposed for such crime so as to
compensate for, or otherwise
take into account, any separate
term of imprisonment imposed or
to be imposed for a violation
of this clause; and
``(dd) a term of
imprisonment imposed on an
individual for a violation of
this clause may, in the
discretion of the court, run
concurrently, in whole or in
part, only with another term of
imprisonment that is imposed by
the court at the same time on
that individual for an
additional violation of this
clause, except that such
discretion shall be exercised
in accordance with any
applicable guidelines and
policy statements issued by the
United States Sentencing
Commission pursuant to section
994 of title 28, United States
Code.
``(C) Retention of verification form and
verification.--
``(i) In general.--After completion of such
form in accordance with subparagraphs (A) and
(B), the person or entity shall--
``(I) retain a paper, microfiche,
microfilm, or electronic version of the
form and make it available for
inspection by officers of the
Department of Homeland Security, the
Special Counsel for Immigration-Related
Unfair Employment Practices, or the
Department of Labor during a period
beginning on the date of the recruiting
or referral of the individual, or, in
the case of the hiring of an
individual, the date on which the
verification is completed, and ending--
``(aa) in the case of the
recruiting or referral of an
individual, 3 years after the
date of the recruiting or
referral; and
``(bb) in the case of the
hiring of an individual, the
later of 3 years after the date
the verification is completed
or one year after the date the
individual's employment is
terminated; and
``(II) during the verification
period (as defined in subparagraph
(F)), make an inquiry, as provided in
subsection (d), using the verification
system to seek verification of the
identity and employment eligibility of
an individual.
``(ii) Confirmation.--
``(I) Confirmation received.--If
the person or other entity receives an
appropriate confirmation of an
individual's identity and work
eligibility under the verification
system within the time period
specified, the person or entity shall
record on the form an appropriate code
that is provided under the system and
that indicates a final confirmation of
such identity and work eligibility of
the individual.
``(II) Tentative nonconfirmation
received.--If the person or other
entity receives a tentative
nonconfirmation of an individual's
identity or work eligibility under the
verification system within the time
period specified, the person or entity
shall so inform the individual for whom
the verification is sought. If the
individual does not contest the
nonconfirmation within the time period
specified, the nonconfirmation shall be
considered final. The person or entity
shall then record on the form an
appropriate code which has been
provided under the system to indicate a
final nonconfirmation. If the
individual does contest the
nonconfirmation, the individual shall
utilize the process for secondary
verification provided under subsection
(d). The nonconfirmation will remain
tentative until a final confirmation or
nonconfirmation is provided by the
verification system within the time
period specified. In no case shall an
employer terminate employment of an
individual because of a failure of the
individual to have identity and work
eligibility confirmed under this
section until a nonconfirmation becomes
final. Nothing in this clause shall
apply to a termination of employment
for any reason other than because of
such a failure. In no case shall an
employer rescind the offer of
employment to an individual because of
a failure of the individual to have
identity and work eligibility confirmed
under this subsection until a
nonconfirmation becomes final. Nothing
in this subclause shall apply to a
recission of the offer of employment
for any reason other than because of
such a failure.
``(III) Final confirmation or
nonconfirmation received.--If a final
confirmation or nonconfirmation is
provided by the verification system
regarding an individual, the person or
entity shall record on the form an
appropriate code that is provided under
the system and that indicates a
confirmation or nonconfirmation of
identity and work eligibility of the
individual.
``(IV) Extension of time.--If the
person or other entity in good faith
attempts to make an inquiry during the
time period specified and the
verification system has registered that
not all inquiries were received during
such time, the person or entity may
make an inquiry in the first subsequent
working day in which the verification
system registers that it has received
all inquiries. If the verification
system cannot receive inquiries at all
times during a day, the person or
entity merely has to assert that the
entity attempted to make the inquiry on
that day for the previous sentence to
apply to such an inquiry, and does not
have to provide any additional proof
concerning such inquiry.
``(V) Consequences of
nonconfirmation.--
``(aa) Termination or
notification of continued
employment.--If the person or
other entity has received a
final nonconfirmation regarding
an individual, the person or
entity may terminate employment
of the individual (or decline
to recruit or refer the
individual). If the person or
entity does not terminate
employment of the individual or
proceeds to recruit or refer
the individual, the person or
entity shall notify the
Secretary of Homeland Security
of such fact through the
verification system or in such
other manner as the Secretary
may specify.
``(bb) Failure to notify.--
If the person or entity fails
to provide notice with respect
to an individual as required
under item (aa), the failure is
deemed to constitute a
violation of subsection
(a)(1)(A) with respect to that
individual.
``(VI) Continued employment after
final nonconfirmation.--If the person
or other entity continues to employ (or
to recruit or refer) an individual
after receiving final nonconfirmation,
a rebuttable presumption is created
that the person or entity has violated
subsection (a)(1)(A).
``(D) Effective dates of new procedures.--
``(i) Hiring.--The provisions of this
paragraph shall apply to a person or other
entity hiring an individual for employment in
the United States as follows:
``(I) With respect to employers
having 10,000 or more employees in the
United States on the date of the
enactment of the Keeping the Promise of
IRCA Act, on the date that is 6 months
after the date of the enactment of such
Act.
``(II) With respect to employers
having 500 or more employees in the
United States, but less than 10,000
employees in the United States, on the
date of the enactment of the Keeping
the Promise of IRCA Act, on the date
that is 12 months after the date of the
enactment of such Act.
``(III) With respect to employers
having 20 or more employees in the
United States, but less than 500
employees in the United States, on the
date of the enactment of the Keeping
the Promise of IRCA Act, on the date
that is 18 months after the date of the
enactment of such Act.
``(IV) With respect to employers
having one or more employees in the
United States, but less than 20
employees in the United States, on the
date of the enactment of the Keeping
the Promise of IRCA Act, on the date
that is 24 months after the date of the
enactment of such Act.
``(ii) Recruiting and referring.--The
provisions of this paragraph shall apply to a
person or other entity recruiting or referring
an individual for employment in the United
States on the date that is 12 months after the
date of the enactment of the Keeping the
Promise of IRCA Act.
``(iii) Transition rule.--Subject to
paragraph (4), the following shall apply to a
person or other entity hiring, recruiting, or
referring an individual for employment in the
United States until the effective date or dates
applicable under clauses (i) and (ii):
``(I) This subsection, as in effect
before the enactment of the Keeping the
Promise of IRCA Act.
``(II) Subtitle A of title IV of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 7(c) of
the Keeping the Promise of IRCA Act.
``(III) Any other provision of
Federal law requiring the person or
entity to participate in the E-Verify
Program described in section 403(a) of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 7(c) of
the Keeping the Promise of IRCA Act,
including Executive Order 13465 (8
U.S.C. 1324a note; relating to
Government procurement).
``(E) Verification period defined.--
``(i) In general.--For purposes of this
paragraph:
``(I) In the case of recruitment or
referral, the term `verification
period' means the period ending on the
date recruiting or referring commences.
``(II) In the case of hiring, the
term `verification period' means the
period beginning on the date on which
an offer of employment is extended and
ending on the date that is 3 business
days after the date of hire, except as
provided in clause (ii).
``(ii) Special rule.--Notwithstanding
clause (i)(II), in the case of an alien who is
authorized for employment and who provides
evidence from the Social Security
Administration that the alien has applied for a
social security account number, the
verification period ends 3 business days after
the alien receives the social security account
number.
``(2) Reverification for individuals with limited work
authorization.--
``(A) In general.--A person or entity shall make an
inquiry, as provided in subsection (d), using the
verification system to seek reverification of the
identity and employment eligibility of all individuals
with a limited period of work authorization employed by
the person or entity during the 3 business days before
the date on which the employee's work authorization
expires as follows:
``(i) With respect to employers having
10,000 or more employees in the United States
on the date of the enactment of the Keeping the
Promise of IRCA Act, beginning on the date that
is 6 months after the date of the enactment of
such Act.
``(ii) With respect to employers having 500
or more employees in the United States, but
less than 10,000 employees in the United
States, on the date of the enactment of the
Keeping the Promise of IRCA Act, beginning on
the date that is 12 months after the date of
the enactment of such Act.
``(iii) With respect to employers having 20
or more employees in the United States, but
less than 500 employees in the United States,
on the date of the enactment of the Keeping the
Promise of IRCA Act, beginning on the date that
is 18 months after the date of the enactment of
such Act.
``(iv) With respect to employers having 1
or more employees in the United States, but
less than 20 employees in the United States, on
the date of the enactment of the Keeping the
Promise of IRCA Act, beginning on the date that
is 24 months after the date of the enactment of
such Act.
``(B) Reverification.--Paragraph (1)(C)(ii) shall
apply to reverifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph; and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Special Counsel for Immigration-
Related Unfair Employment Practices, or the
Department of Labor during the period beginning
on the date the reverification commences and
ending on the date that is the later of 3 years
after the date of such reverification or 1 year
after the date the individual's employment is
terminated.
``(3) Early compliance.--
``(A) Former e-verify required users, including
federal contractors.--Notwithstanding the deadlines in
paragraphs (1) and (2), beginning on the date of the
enactment of the Keeping the Promise of IRCA Act, the
Secretary is authorized to commence requiring employers
required to participate in the E-Verify Program
described in section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), including employers required to
participate in such program by reason of Federal
acquisition laws (and regulations promulgated under
those laws, including the Federal Acquisition
Regulation), to commence compliance with the
requirements of this subsection (and any additional
requirements of such Federal acquisition laws and
regulation) in lieu of any requirement to participate
in the E-Verify Program.
``(B) Former e-verify voluntary users and others
desiring early compliance.--Notwithstanding the
deadlines in paragraphs (1) and (2), beginning on the
date of the enactment of the Keeping the Promise of
IRCA Act, the Secretary shall provide for the voluntary
compliance with the requirements of this subsection by
employers voluntarily electing to participate in the E-
Verify Program described in section 403(a) of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note) before such date, as
well as by other employers seeking voluntary early
compliance.
``(4) Copying of documentation permitted.--Notwithstanding
any other provision of law, the person or entity may copy a
document presented by an individual pursuant to this subsection
and may retain the copy, but only (except as otherwise
permitted under law) for the purpose of complying with the
requirements of this subsection.
``(5) Limitation on use of forms.--A form designated or
established by the Secretary of Homeland Security under this
subsection and any information contained in or appended to such
form, may not be used for purposes other than for enforcement
of this Act and any other provision of Federal criminal law.
``(6) Good faith compliance.--
``(A) In general.--Except as otherwise provided in
this subsection, a person or entity is considered to
have complied with a requirement of this subsection
notwithstanding a technical or procedural failure to
meet such requirement if there was a good faith attempt
to comply with the requirement.
``(B) Exception if failure to correct after
notice.--Subparagraph (A) shall not apply if--
``(i) the failure is not de minimus;
``(ii) the Secretary of Homeland Security
has explained to the person or entity the basis
for the failure and why it is not de minimus;
``(iii) the person or entity has been
provided a period of not less than 30 calendar
days (beginning after the date of the
explanation) within which to correct the
failure; and
``(iv) the person or entity has not
corrected the failure voluntarily within such
period.
``(C) Exception for pattern or practice
violators.--Subparagraph (A) shall not apply to a
person or entity that has or is engaging in a pattern
or practice of violations of subsection (a)(1)(A) or
(a)(2).
``(7) Single extension of deadlines upon certification.--In
a case in which the Secretary of Homeland Security has
certified to the Congress that the employment eligibility
verification system required under subsection (d) will not be
fully operational by the date that is 6 months after the date
of the enactment of the Keeping the Promise of IRCA Act, each
deadline established under this section for an employer to make
an inquiry using such system shall be extended by 6 months. No
other extension of such a deadline shall be made.''.
(b) Date of Hire.--Section 274A(h) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the
following:
``(4) Definition of date of hire.--As used in this section,
the term `date of hire' means the date of actual commencement
of employment for wages or other remuneration, unless otherwise
specified.''.
SEC. 102. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
Section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)) is amended to read as follows:
``(d) Employment Eligibility Verification System.--
``(1) In general.--Patterned on the employment eligibility
confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security
shall establish and administer a verification system through
which the Secretary (or a designee of the Secretary, which may
be a nongovernmental entity)--
``(A) responds to inquiries made by persons at any
time through a toll-free telephone line and other toll-
free electronic media concerning an individual's
identity and whether the individual is authorized to be
employed; and
``(B) maintains records of the inquiries that were
made, of verifications provided (or not provided), and
of the codes provided to inquirers as evidence of their
compliance with their obligations under this section.
``(2) Initial response.--The verification system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing confirmation
or tentative nonconfirmation, the verification system shall
provide an appropriate code indicating such confirmation or
such nonconfirmation.
``(3) Secondary confirmation process in case of tentative
nonconfirmation.--In cases of tentative nonconfirmation, the
Secretary shall specify, in consultation with the Commissioner
of Social Security, an available secondary verification process
to confirm the validity of information provided and to provide
a final confirmation or nonconfirmation not later than 10
working days after the date on which the notice of the
tentative nonconfirmation is received by the employee. The
Secretary, in consultation with the Commissioner, may extend
this deadline on a case-by-case basis, and if the time is
extended, shall document such extension within the verification
system. When final confirmation or nonconfirmation is provided,
the verification system shall provide an appropriate code
indicating such confirmation or nonconfirmation.
``(4) Design and operation of system.--The verification
system shall be designed and operated--
``(A) to maximize its reliability and ease of use
by persons and other entities consistent with
insulating and protecting the privacy and security of
the underlying information;
``(B) to respond to all inquiries made by such
persons and entities on whether individuals are
authorized to be employed and to register all times
when such inquiries are not received;
``(C) with appropriate administrative, technical,
and physical safeguards to prevent unauthorized
disclosure of personal information;
``(D) to have reasonable safeguards against the
system's resulting in unlawful discriminatory practices
based on national origin or citizenship status,
including--
``(i) the selective or unauthorized use of
the system to verify eligibility; or
``(ii) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional
verification will be required, beyond what is
required for most job applicants; and
``(E) to limit the subjects of verification to the
following individuals:
``(i) Individuals hired, referred, or
recruited, in accordance with paragraph (1) or
(4) of subsection (b).
``(ii) Employees and prospective employees,
in accordance with paragraph (1), (2), (3), or
(4) of subsection (b).
``(iii) Individuals seeking to confirm
their own employment eligibility on a voluntary
basis.
``(5) Responsibilities of commissioner of social
security.--As part of the verification system, the Commissioner
of Social Security, in consultation with the Secretary of
Homeland Security (and any designee of the Secretary selected
to establish and administer the verification system), shall
establish a reliable, secure method, which, within the time
periods specified under paragraphs (2) and (3), compares the
name and social security account number provided in an inquiry
against such information maintained by the Commissioner in
order to validate (or not validate) the information provided
regarding an individual whose identity and employment
eligibility must be confirmed, the correspondence of the name
and number, and whether the individual has presented a social
security account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information (other than such confirmation or nonconfirmation)
under the verification system except as provided for in this
section or section 205(c)(2)(I) of the Social Security Act.
``(6) Responsibilities of secretary of homeland security.--
As part of the verification system, the Secretary of Homeland
Security (in consultation with any designee of the Secretary
selected to establish and administer the verification system),
shall establish a reliable, secure method, which, within the
time periods specified under paragraphs (2) and (3), compares
the name and alien identification or authorization number (or
any other information as determined relevant by the Secretary)
which are provided in an inquiry against such information
maintained or accessed by the Secretary in order to validate
(or not validate) the information provided, the correspondence
of the name and number, whether the alien is authorized to be
employed in the United States, 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.
``(7) Offenses.--
``(A) In general.--Any person or entity that, in
making an inquiry under subsection (b)(1)(C)(i)(II),
provides to the verification system a social security
account number or an identification or authorization
number established by the Secretary of Homeland
Security that belongs to a person other than the
individual whose identity and employment authorization
are being verified, knowing that the number does not
belong to the individual whose identity and employment
authorization are being verified, shall be fined under
title 18, United States Code, imprisoned not less than
1 year and not more than 15 years, or both. If the
person or entity, in making an inquiry under subsection
(b)(1)(C)(i)(II), during and in relation to any felony
violation enumerated in section 1028A(c) of title 18,
United States Code, provides to the verification system
a social security account number or an identification
or authorization number established by the Secretary of
Homeland Security that belongs to a person other than
the individual whose identity and employment
authorization are being verified, knowing that the
number does not belong to the individual whose identity
and work authorization are being verified, in addition
to the punishment provided for such felony, shall be
fined under title 18, United States Code, imprisoned
for a term of 2 years, or both.
``(B) Consecutive sentence.--Notwithstanding any
other provision of law--
``(i) a court shall not place on probation
any person or entity convicted of a violation
of this paragraph;
``(ii) except as provided in clause (iv),
no term of imprisonment imposed on a person or
entity under this section shall run
concurrently with any other term of
imprisonment imposed on the person or entity
under any other provision of law, including any
term of imprisonment imposed for the felony
enumerated in section 1028A(c) of title 18,
United States Code, during which the violation
of this paragraph occurred;
``(iii) in determining any term of
imprisonment to be imposed for the felony
enumerated in section 1028A(c) of title 18,
United States Code, during which the violation
of this section occurred, a court shall not in
any way reduce the term to be imposed for such
crime so as to compensate for, or otherwise
take into account, any separate term of
imprisonment imposed or to be imposed for a
violation of this paragraph; and
``(iv) a term of imprisonment imposed on a
person or entity for a violation of this
paragraph may, in the discretion of the court,
run concurrently, in whole or in part, only
with another term of imprisonment that is
imposed by the court at the same time on that
person or entity for an additional violation of
this paragraph, except that such discretion
shall be exercised in accordance with any
applicable guidelines and policy statements
issued by the United States Sentencing
Commission pursuant to section 994 of title 28,
United States Code.
``(8) Updating information.--The Commissioner of Social
Security and the Secretary of Homeland Security shall update
their information in a manner that promotes the maximum
accuracy and shall provide a process for the prompt correction
of erroneous information, including instances in which it is
brought to their attention in the secondary verification
process described in paragraph (3).
``(9) Limitation on use of the verification system and any
related systems.--
``(A) No national identification card.--Nothing in
this section shall be construed to authorize, directly
or indirectly, the issuance or use of national
identification cards or the establishment of a national
identification card.
``(B) Critical infrastructure.--The Secretary may
authorize or direct any person or entity responsible
for granting access to, protecting, securing,
operating, administering, or regulating part of the
critical infrastructure (as defined in section 1016(e)
of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e))) to use the verification system to
the extent the Secretary determines that such use will
assist in the protection of the critical
infrastructure.''.
SEC. 103. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.
(a) Additional Changes to Rules for Recruitment, Referral, and
Continuation of Employment.--Section 274A(a) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)) is amended--
(1) in paragraph (1)(A), by striking ``for a fee'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) to hire, continue to employ, or to recruit or
refer for employment in the United States an individual
without complying with the requirements of subsection
(b).'';
(3) in paragraph (2), by striking ``after hiring an alien
for employment in accordance with paragraph (1),'' and
inserting ``after complying with paragraph (1),''; and
(4) in paragraph (3), by striking ``hiring,'' and inserting
``hiring, employing,'' each place it appears.
(b) Definition.--Section 274A(h) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)), as amended by section 101(b) of this Act, is
further amended by adding at the end the following:
``(5) Definition of recruit or refer.--As used in this
section, the term `refer' means the act of sending or directing
a person who is in the United States or transmitting
documentation or information to another, directly or
indirectly, with the intent of obtaining employment in the
United States for such person. Only persons or entities
referring for remuneration (whether on a retainer or
contingency basis) are included in the definition, except that
union hiring halls that refer union members or nonunion
individuals who pay union membership dues are included in the
definition whether or not they receive remuneration, as are
labor service entities or labor service agencies, whether
public, private, for-profit, or nonprofit, that refer,
dispatch, or otherwise facilitate the hiring of laborers for
any period of time by a third party. As used in this section,
the term `recruit' means the act of soliciting a person who is
in the United States, directly or indirectly, and referring the
person to another with the intent of obtaining employment for
that person. Only persons or entities referring for
remuneration (whether on a retainer or contingency basis) are
included in the definition, except that union hiring halls that
refer union members or nonunion individuals who pay union
membership dues are included in this definition whether or not
they receive remuneration, as are labor service entities or
labor service agencies, whether public, private, for-profit, or
nonprofit that recruit, dispatch, or otherwise facilitate the
hiring of laborers for any period of time by a third party.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment of
this Act, except that the amendments made by subsection (a) shall take
effect 6 months after the date of the enactment of this Act insofar as
such amendments relate to continuation of employment.
SEC. 104. GOOD FAITH DEFENSE.
Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(3)) is amended to read as follows:
``(3) Good faith defense.--
``(A) Defense.--An employer (or person or entity
that hires, employs, recruits, or refers (as defined in
subsection (h)(5)), or is otherwise obligated to comply
with this section) who establishes that it has complied
in good faith with the requirements of subsection (b)--
``(i) 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 through the
system established under subsection (d); and
``(ii) has established compliance with its
obligations under subparagraphs (A) and (B) of
paragraph (1) and subsection (b) absent a
showing by the Secretary of Homeland Security,
by clear and convincing evidence, that the
employer had knowledge that an employee is an
unauthorized alien.
``(B) Failure to seek and obtain verification.--
Subject to the effective dates and other deadlines
applicable under subsection (b), in the case of a
person or entity in the United States that hires, or
continues to employ, an individual, or recruits or
refers an individual for employment, the following
requirements apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or
entity has not made an inquiry, under
the mechanism established under
subsection (d) and in accordance with
the timeframes established under
subsection (b), seeking verification of
the identity and work eligibility of
the individual, the defense under
subparagraph (A) shall not be
considered to apply with respect to any
employment, except as provided in
subclause (II).
``(II) Special rule for failure of
verification mechanism.--If such a
person or entity in good faith attempts
to make an inquiry in order to qualify
for the defense under subparagraph (A)
and the verification mechanism has
registered that not all inquiries were
responded to during the relevant time,
the person or entity can make an
inquiry until the end of the first
subsequent working day in which the
verification mechanism registers no
nonresponses and qualify for such
defense.
``(ii) Failure to obtain verification.--If
the person or entity has made the inquiry
described in clause (i)(I) but has not received
an appropriate verification of such identity
and work eligibility under such mechanism
within the time period specified under
subsection (d)(2) after the time the
verification inquiry was received, the defense
under subparagraph (A) shall not be considered
to apply with respect to any employment after
the end of such time period.''.
SEC. 105. REPEAL.
(a) In General.--Subtitle A of title IV of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1234a note)
is repealed.
(b) References.--Any reference in any Federal law, Executive order,
rule, regulation, or delegation of authority, or any document of, or
pertaining to, the Department of Homeland Security, Department of
Justice, or the Social Security Administration, to the employment
eligibility confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is deemed to refer to the employment eligibility
confirmation system established under section 274A(d) of the
Immigration and Nationality Act, as amended by section 102 of this Act.
(c) Effective Date.--This section shall take effect on the date
that is 36 months after the date of the enactment of this Act.
SEC. 106. PENALTIES.
Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended--
(1) in subsection (e)(1)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(B) by striking ``Service'' and inserting
``Department of Homeland Security'';
(2) in subsection (e)(4)--
(A) in subparagraph (A), in the matter before
clause (i), by inserting ``, subject to paragraph
(10),'' after ``in an amount'';
(B) in subparagraph (A)(i), by striking ``not less
than $250 and not more than $2,000'' and inserting
``not less than $2,500 and not more than $5,000'';
(C) in subparagraph (A)(ii), by striking ``not less
than $2,000 and not more than $5,000'' and inserting
``not less than $5,000 and not more than $10,000'';
(D) in subparagraph (A)(iii), by striking ``not
less than $3,000 and not more than $10,000'' and
inserting ``not less than $10,000 and not more than
$25,000''; and
(E) by amending subparagraph (B) to read as
follows:
``(B) may require the person or entity to take such
other remedial action as is appropriate.'';
(3) in subsection (e)(5)--
(A) in the paragraph heading, strike ``paperwork'';
(B) by inserting ``, subject to paragraphs (10)
through (12),'' after ``in an amount'';
(C) by striking ``$100'' and inserting ``$1,000'';
(D) by striking ``$1,000'' and inserting
``$25,000'';
(E) by adding at the end the following: ``Failure
by a person or entity to utilize the employment
eligibility verification system as required by law, or
providing information to the system that the person or
entity knows or reasonably believes to be false, shall
be treated as a violation of subsection (a)(1)(A).'';
(4) by adding at the end of subsection (e) the following:
``(10) Exemption from penalty for good faith violation.--In
the case of imposition of a civil penalty under paragraph
(4)(A) with respect to a violation of subsection (a)(1)(A) or
(a)(2) for hiring or continuation of employment or recruitment
or referral by person or entity and in the case of imposition
of a civil penalty under paragraph (5) for a violation of
subsection (a)(1)(B) for hiring or recruitment or referral by a
person or entity, the penalty otherwise imposed may be waived
or reduced if the violator establishes that the violator acted
in good faith.
``(11) Authority to debar employers for certain
violations.--
``(A) In general.--If a person or entity is
determined by the Secretary of Homeland Security to be
a repeat violator of paragraph (1)(A) or (2) of
subsection (a), or is convicted of a crime under this
section, such person or entity may be considered for
debarment from the receipt of Federal contracts,
grants, or cooperative agreements in accordance with
the debarment standards and pursuant to the debarment
procedures set forth in the Federal Acquisition
Regulation.
``(B) Does not have contract, grant, agreement.--If
the Secretary of Homeland Security or the Attorney
General wishes to have a person or entity considered
for debarment in accordance with this paragraph, and
such an person or entity does not hold a Federal
contract, grant or cooperative agreement, the Secretary
or Attorney General shall refer the matter to the
Administrator of General Services to determine whether
to list the person or entity on the List of Parties
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(C) Has contract, grant, agreement.--If the
Secretary of Homeland Security or the Attorney General
wishes to have a person or entity considered for
debarment in accordance with this paragraph, and such
person or entity holds a Federal contract, grant or
cooperative agreement, the Secretary or Attorney
General shall advise all agencies or departments
holding a contract, grant, or cooperative agreement
with the person or entity of the Government's interest
in having the person or entity considered for
debarment, and after soliciting and considering the
views of all such agencies and departments, the
Secretary or Attorney General may refer the matter to
any appropriate lead agency to determine whether to
list the person or entity on the List of Parties
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(D) Review.--Any decision to debar a person or
entity in accordance with this paragraph shall be
reviewable pursuant to part 9.4 of the Federal
Acquisition Regulation.
``(12) Office for state and local government complaints.--
The Secretary of Homeland Security shall establish an office--
``(A) to which State and local government agencies
may submit information indicating potential violations
of subsection (a), (b), or (g)(1) that were generated
in the normal course of law enforcement or the normal
course of other official activities in the State or
locality;
``(B) that is required to indicate to the
complaining State or local agency within 5 business
days of the filing of such a complaint by identifying
whether the Secretary will further investigate the
information provided;
``(C) that is required to investigate those
complaints filed by State or local government agencies
that, on their face, have a substantial probability of
validity;
``(D) that is required to notify the complaining
State or local agency of the results of any such
investigation conducted; and
``(E) that is required to report to the Congress
annually the number of complaints received under this
paragraph, the States and localities that filed such
complaints, and the resolution of the complaints
investigated by the Secretary.''; and
(5) by amending paragraph (1) of subsection (f) to read as
follows:
``(1) Criminal penalty.--Any person or entity which engages
in a pattern or practice of violations of subsection (a) (1) or
(2) shall be fined not more than $15,000 for each unauthorized
alien with respect to which such a violation occurs, imprisoned
for not less than one year and not more than 10 years, or both,
notwithstanding the provisions of any other Federal law
relating to fine levels.''.
TITLE II--CRIME PREVENTION AND PENALTIES
SEC. 201. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION
SYSTEMS.
In consultation with the Secretary of Health and Human Services and
the Commissioner of Social Security, the Secretary of Homeland Security
shall take the following actions:
(1) Work with the States to establish a common data set and
common data exchange protocol for electronic birth registration
systems and death registration systems.
(2) Coordinate requirements for such systems to align with
a national model.
(3) Ensure that fraud prevention is built into the design
of electronic vital registration systems in the collection of
vital event data, the issuance of birth certificates, and the
exchange of data among government agencies.
(4) Ensure that electronic systems for issuing birth
certificates, in the form of printed abstracts of birth records
or digitized images, employ a common format of the certified
copy, so that those requiring such documents can quickly
confirm their validity.
(5) Establish uniform field requirements for State birth
registries.
(6) Not later than 1 year after the date of the enactment
of this Act, establish a process with the Department of Defense
that will result in the sharing of data, with the States and
the Social Security Administration, regarding deaths of United
States military personnel and the birth and death of their
dependents.
(7) Not later than 1 year after the date of the enactment
of this Act, establish a process with the Department of State
to improve registration, notification, and the sharing of data
with the States and the Social Security Administration,
regarding births and deaths of United States citizens abroad.
(8) Not later than 3 years after the date of establishment
of databases provided for under this section, require States to
record and retain electronic records of pertinent
identification information collected from requestors who are
not the registrants.
(9) Not later than 6 months after the date of the enactment
of this Act, submit to Congress a report on whether there is a
need for Federal laws to address penalties for fraud and misuse
of vital records and whether violations are sufficiently
enforced.
SEC. 202. ENHANCED PENALTIES FOR DOCUMENT FRAUD.
Section 1028(b)(3) of title 18, United States Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) to facilitate illegal immigration or human
smuggling; or''.
SEC. 203. ALIEN SMUGGLING AND TERRORISM PREVENTION.
(a) Checks Against Terrorist Watchlist.--The Secretary of Homeland
Security shall, to the extent practicable, check against all available
terrorist watchlists those persons suspected of alien smuggling and
smuggled individuals who are interdicted at the land, air, and sea
borders of the United States.
(b) Strengthening Prosecution and Punishment of Alien Smugglers.--
Section 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended--
(1) by amending the subsection heading to read as follows:
``Bringing In, Harboring, and Smuggling of Unlawful and
Terrorist Aliens.--'';
(2) by amending paragraphs (1) through (2) to read as
follows:
``(1)(A) Whoever, knowing or in reckless disregard of the fact that
an individual is an alien who lacks lawful authority to come to, enter,
or reside in the United States, knowingly--
``(i) brings that individual to the United States in any
manner whatsoever regardless of any future official action
which may be taken with respect to such individual;
``(ii) recruits, encourages, or induces that individual to
come to, enter, or reside in the United States;
``(iii) transports or moves that individual in the United
States, in furtherance of their unlawful presence; or
``(iv) harbors, conceals, or shields from detection the
individual in any place in the United States, including any
building or any means of transportation;
or attempts or conspires to do so, shall be punished as provided in
subparagraph (C).
``(B) Whoever, knowing that an individual is an alien, brings that
individual to the United States in any manner whatsoever at a place,
other than a designated port of entry or place designated by the
Secretary of Homeland Security, regardless of whether such individual
has received prior official authorization to come to, enter, or reside
in the United States and regardless of any future official action which
may be taken with respect to such individual, or attempts or conspires
to do so, shall be punished as provided in subparagraph (C).
``(C) Whoever commits an offense under this paragraph shall, for
each individual in respect to whom such a violation occurs--
``(i) if the offense results in the death of any person, be
fined under title 18, United States Code, and subject to the
penalty of death or imprisonment for any term of years or for
life;
``(ii) if the offense involves kidnapping, an attempt to
kidnap, the conduct required for aggravated sexual abuse (as
defined in section 2241 of title 18, United States Code,
without regard to where it takes place), or an attempt to
commit such abuse, or an attempt to kill, be fined under title
18, United States Code, or imprisoned for any term of years or
life, or both;
``(iii) if the offense involves an individual who the
defendant knew was engaged in or intended to engage in
terrorist activity (as defined in section 212(a)(3)(B)), be
fined under title 18, United States Code, or imprisoned not
more than 30 years, or both;
``(iv) if the offense results in serious bodily injury (as
defined in section 1365 of title 18, United States Code) or
places in jeopardy the life of any person, be fined under title
18, United States Code, or imprisoned not more than 20 years,
or both;
``(v) if the offense is a violation of paragraph (1)(A)(i)
and was committed for the purpose of profit, commercial
advantage, or private financial gain, or if the offense was
committed with the intent or reason to believe that the
individual unlawfully brought into the United States will
commit an offense against the United States or any State that
is punishable by imprisonment for more than 1 year, be fined
under title 18, United States Code, and imprisoned, in the case
of a first or second violation, not less than 3 nor more than
10 years, and for any other violation, not less than 5 nor more
than 15 years;
``(vi) if the offense is a violation of paragraphs
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was
committed for the purpose of profit, commercial advantage, or
private financial gain, be fined under title 18, United States
Code, or imprisoned not more than 10 years, or both;
``(vii) if the offense involves the transit of the
defendant's spouse, child, sibling, parent, grandparent, or
niece or nephew, and the offense is not described in any of
clauses (i) through (vi), be fined under title 18, United
States Code, or imprisoned not more than 1 year, or both; and
``(viii) in any other case, be fined under title 18, United
States Code, or imprisoned not more than 5 years, or both.
``(2)(A) There is extraterritorial jurisdiction over the offenses
described in paragraph (1).
``(B) In a prosecution for a violation of, or an attempt or
conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or
(a)(1)(B), that occurs on the high seas, no defense based on necessity
can be raised unless the defendant--
``(i) as soon as practicable, reported to the Coast Guard
the circumstances of the necessity, and if a rescue is claimed,
the name, description, registry number, and location of the
vessel engaging in the rescue; and
``(ii) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien into the land
territory of the United States without lawful authority, unless
exigent circumstances existed that placed the life of that
alien in danger, in which case the reporting requirement set
forth in clause (i) is satisfied by notifying the Coast Guard
as soon as practicable after delivering the alien to emergency
medical or law enforcement personnel ashore.
``(C) It is not a violation of, or an attempt or conspiracy to
violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph
(1)(A)(ii) (except if a person recruits, encourages, or induces an
alien to come to or enter the United States), for a religious
denomination having a bona fide nonprofit, religious organization in
the United States, or the agents or officer of such denomination or
organization, to encourage, invite, call, allow, or enable an alien who
is present in the United States to perform the vocation of a minister
or missionary for the denomination or organization in the United States
as a volunteer who is not compensated as an employee, notwithstanding
the provision of room, board, travel, medical assistance, and other
basic living expenses, provided the minister or missionary has been a
member of the denomination for at least one year.
``(D) For purposes of this paragraph and paragraph (1)--
``(i) the term `United States' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States; and
``(ii) the term `lawful authority' means permission,
authorization, or waiver that is expressly provided for in the
immigration laws of the United States or the regulations
prescribed under those laws and does not include any such
authority secured by fraud or otherwise obtained in violation
of law or authority that has been sought but not approved.''.
(c) Maritime Law Enforcement.--
(1) Penalties.--Subsection (b) of section 2237 of title 18,
United States Code, is amended to read as follows:
``(b) Whoever intentionally violates this section shall--
``(1) if the offense results in death or involves
kidnapping, an attempt to kidnap, the conduct required for
aggravated sexual abuse (as defined in section 2241 without
regard to where it takes place), or an attempt to commit such
abuse, or an attempt to kill, be fined under such title or
imprisoned for any term of years or life, or both;
``(2) if the offense results in serious bodily injury (as
defined in section 1365 of this title) or transportation under
inhumane conditions, be fined under this title, imprisoned not
more than 15 years, or both;
``(3) if the offense is committed in the course of a
violation of section 274 of the Immigration and Nationality Act
(alien smuggling); chapter 77 (peonage, slavery, and
trafficking in persons), section 111 (shipping), 111A
(interference with vessels), 113 (stolen property), or 117
(transportation for illegal sexual activity) of this title;
chapter 705 (maritime drug law enforcement) of title 46, or
title II of the Act of June 15, 1917 (chapter 30; 40 Stat.
220), be fined under this title or imprisoned for not more than
10 years, or both; and
``(4) in any other case, be fined under this title or
imprisoned for not more than 5 years, or both.''.
(2) Limitation on necessity defense.--Section 2237(c) of
title 18, United States Code, is amended--
(A) by inserting ``(1)'' after ``(c)'';
(B) by adding at the end the following:
``(2) In a prosecution for a violation of this section, no defense
based on necessity can be raised unless the defendant--
``(A) as soon as practicable upon reaching shore, delivered
the person with respect to which the necessity arose to
emergency medical or law enforcement personnel;
``(B) as soon as practicable, reported to the Coast Guard
the circumstances of the necessity resulting giving rise to the
defense; and
``(C) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien, as that term
is defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)), into the land territory
of the United States without lawful authority, unless exigent
circumstances existed that placed the life of that alien in
danger, in which case the reporting requirement of subparagraph
(B) is satisfied by notifying the Coast Guard as soon as
practicable after delivering that person to emergency medical
or law enforcement personnel ashore.''.
(3) Definition.--Section 2237(e) of title 18, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following:
``(5) the term `transportation under inhumane conditions'
means the transportation of persons in an engine compartment,
storage compartment, or other confined space, transportation at
an excessive speed, transportation of a number of persons in
excess of the rated capacity of the means of transportation, or
intentionally grounding a vessel in which persons are being
transported.''.
(d) Amendment to the Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission shall
review and, if appropriate, amend the sentencing guidelines and
policy statements applicable to persons convicted of alien
smuggling offenses and criminal failure to heave to or
obstruction of boarding.
(2) Considerations.--In carrying out this section, the
Sentencing Commission, shall--
(A) consider providing sentencing enhancements or
stiffening existing enhancements for those convicted of
offenses described in subsection (a) that--
(i) involve a pattern of continued and
flagrant violations;
(ii) are part of an ongoing commercial
organization or enterprise;
(iii) involve aliens who were transported
in groups of ten or more;
(iv) involve the transportation or
abandonment of aliens in a manner that
endangered their lives; or
(v) involve the facilitation of terrorist
activity; and
(B) consider cross-references to the guidelines for
Criminal Sexual Abuse and Attempted Murder.
(3) Expedited procedures.--The Commission may promulgate
the guidelines or amendments under this section in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority under that Act
had not expired.
SEC. 204. ELIGIBILITY FOR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM
FUNDING.
(a) In General.--The Attorney General shall--
(1) determine annually which State or local jurisdictions
are not in compliance with section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act (Public Law
104-208) and shall report such determinations to Congress on
March 1 of each year; and
(2) issue a report concerning the compliance of any
particular State or local jurisdiction at the request of any
Member of Congress.
(b) Incarceration.--Section 241(i) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)) is amended by adding at the end the
following:
``(7) A State (or a political subdivision of a State) shall
not be eligible to enter into a contractual arrangement under
paragraph (1) if the State (or political subdivision) has been
determined by the Attorney General to be out of compliance with
section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act (Public Law 104-208). Such State (or
political subdivision) shall remain ineligible until the
Attorney General determines that the State (or political
subdivision) has come into compliance.''.
SEC. 205. ICE IMMIGRATION ENFORCEMENT AGENTS.
(a) In General.--The Secretary shall authorize all immigration
enforcement agents and deportation officers of Immigration and Customs
Enforcement who have successfully completed basic immigration law
enforcement training to exercise the powers conferred by--
(1) section 287(a)(5)(A) of the Immigration and Nationality
Act to arrest for any offense against the United States;
(2) section 287(a)(5)(B) of the Immigration and Nationality
Act to arrest for any felony;
(3) section 274(a) of the Immigration and Nationality Act
to arrest for bringing in, transporting, or harboring certain
aliens, or inducing them to enter;
(4) section 287(a) of the Immigration and Nationality Act
to execute warrants of arrest for administrative immigration
violations issued under section 236 of the Act or to execute
warrants of criminal arrest issued under the authority of the
United States; and
(5) section 287(a) of the Act to carry firearms, provided
that they are individually qualified by training and experience
to handle and safely operate the firearms they are permitted to
carry, maintain proficiency in the use of such firearms, and
adhere to the provisions of the enforcement standard governing
the use of force.
(b) Pay.--Immigration enforcement agents shall be paid on the same
scale as Immigration and Customs Enforcement deportation officers and
shall receive the same benefits.
SEC. 206. ICE DETENTION ENFORCEMENT OFFICERS.
(a) Authorization.--The Secretary is authorized to hire 2,500
Immigration and Customs Enforcement detention enforcement officers.
(b) Duties.--Detention enforcement officers who have successfully
completed detention enforcement officers' basic training shall be
responsible for--
(1) taking and maintaining custody of any person who has
been arrested by an immigration officer;
(2) transporting and guarding immigration detainees;
(3) securing ICE detention facilities; and
(4) assisting in the processing of detainees.
SEC. 207. ADDITIONAL ICE DEPORTATION OFFICERS AND SUPPORT STAFF.
(a) In General.--The Secretary shall, subject to the availability
of appropriations for such purpose, increase the number of positions
for full-time active-duty Immigration and Customs Enforcement
deportation officers by 5,000 above the number of full-time positions
for which funds were appropriated for fiscal year 2013.
(b) Support Staff.--The Secretary shall, subject to the
availability of appropriations for such purpose, increase the number of
positions for full-time support staff for Immigration and Customs
Enforcement deportation officers by 700 above the number of full-time
positions for which funds were appropriated for fiscal year 2013.
SEC. 208. ASSISTING GANG AND DRUG TASK FORCES.
The Secretary shall assign at least one Immigration and Customs
Enforcement deportation officer or immigration enforcement agent to
serve as a member of any State or local gang or drug task force--
(1) if the task force requests such assistance in writing
to an ICE field office; and
(2) for as long as the task force remains active and wants
such assistance.
SEC. 209. PROTECTING COMMUNITIES.
(a) Prisons and Jails.--The Secretary shall assign an Immigration
and Customs Enforcement deportation officer or immigration enforcement
agent to every Federal, State, and County prison or jail facility.
(b) Detainers.--Immigration and Customs Enforcement deportation
officers and immigration enforcement agents assigned to a prison or
jail facility are required to place a detainer on every alien they
determine is unlawfully present in the United States.
SEC. 210. PROTECTING PUBLIC SAFETY AND REMOVING CRIMINAL ALIENS.
(a) Notices To Appear.--Notwithstanding any other provision of law,
immigration officers who encounter, under any circumstances, an alien
listed in subsection (b) of this section are required to process such
aliens and refer them for removal proceedings by issuing a Notice to
Appear.
(b) Aliens Covered.--Aliens covered by subsection (a) of this
section include any alien who is unlawfully present in the United
States, whether such alien entered without inspection or violated the
terms of admission, and who:
(1) Has been convicted of any felony;
(2) Has been convicted of any two or more misdemeanors;
(3) Has been convicted of a crime involving moral
turpitude;
(4) Has been convicted of any felony or misdemeanor
involving the operation of a vehicle while under the influence
of alcohol or drugs;
(5) Has been convicted of any felony or misdemeanor
involving domestic violence, sexual assault, or sexual abuse of
a child;
(6) Has a known or suspected gang affiliation;
(7) Assaults any law enforcement officer; or
(8) Poses a risk to public safety or national security.
SEC. 211. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.
(a) In General.--The Secretary shall establish a pilot program in
at least five of the 10 Immigration and Customs Enforcement field
offices with the largest removal caseloads to allow Immigration and
Customs deportation officers and immigration enforcement agents to--
(1) electronically process and serve charging documents,
including Notices to Appear, while in the field; and
(2) electronically process and place detainers while in the
field.
(b) Duties.--The pilot program described in subsection (a) shall be
designed to allow deportation officers and immigration enforcement
agents to use handheld or vehicle-mounted computers to--
(1) enter any required data, including personal information
about the alien subject and the reason for issuing the
document;
(2) apply the electronic signature of the issuing officer
or agent;
(3) set the date the alien is required to appear before an
immigration judge, in the case of Notices to Appear;
(4) print any documents the alien subject may be required
to sign, along with additional copies of documents to be served
on the alien; and
(5) interface with the ENFORCE database so that all data is
stored and retrievable.
(c) Construction.--The pilot program described in subsection (a)
shall be designed to replace, to the extent possible, the current
paperwork and data-entry process used for issuing such charging
documents and detainers.
(d) Deadline.--The Secretary shall initiate the pilot program
described in subsection (a) within 6 months of the date of enactment of
this Act.
(e) Report.--The Government Accountability Office shall report to
the Judiciary Committee of the Senate and the House of Representatives
no later than 18 months after the date of enactment of this Act on the
effectiveness of the pilot program and provide recommendations for
improving it.
(f) Advisory Council.--The ICE Advisory Council established by
section 217 of this Act shall include an recommendations on how the
pilot program should work in the first quarterly report of the Council,
and shall include assessments of the program and recommendations for
improvement in each subsequent report.
SEC. 212. RESTRICTING VISAS FOR COUNTRIES THAT REFUSE TO REPATRIATE
THEIR NATIONALS.
(a) Penalties Related to Removal.--Section 243 of the Immigration
and Nationality Act (8 U.S.C. 1253) is amended by striking subsection
(d).
(b) Countries to Which Aliens May Be Removed.--Section 241(b) of
the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended by
adding at the end the following:
``(4) Discontinuing granting certain visas and denying
admission to nationals of country denying or delaying accepting
aliens.--
``(A) Discontinuing granting visas.--Except as
provided under subparagraph (C), if a country is listed
in the most recent quarterly report submitted by the
Secretary of Homeland Security to the Congress under
subparagraph (E), the Secretary of State may not issue
a nonimmigrant visa pursuant to section 101(a)(15) to a
citizen, subject, national, or resident of such country
until--
``(i) the Secretary of Homeland Security
notifies the Secretary of State that the
country should no longer be so listed; or
``(ii) each alien listed in the report with
respect to such country has otherwise been
removed from the United States.
``(B) Denying admission to nationals and foreign
government officials.--Except as provided under
subparagraph (C), if a country is listed in the most
recent quarterly report submitted by the Secretary of
Homeland Security to the Congress under subparagraph
(E), the Secretary of Homeland Security, in
consultation with the Secretary of State, shall deny
admission to any citizen, subject, national, or
resident of that country who has received a
nonimmigrant visa pursuant to section 101(a)(15).
``(C) Exception.--Subparagraphs (A) and (B) do not
apply if the Secretary of State determines that the
life or freedom of the visa applicant or individual
seeking admission would be threatened in the country
listed under subparagraph (E).
``(D) Effect of unauthorized issuance.--Any visa
issued in violation of this paragraph shall be null and
void.
``(E) Quarterly reports.--Not later than 90 days
after the date of the enactment of this Act, and every
3 months thereafter, the Secretary of Homeland Security
shall submit a report to the Congress that--
``(i) lists all the countries that deny or
unreasonably delay the acceptance of at least
10 percent of the total number of aliens who--
``(I) are physically present in the
United States;
``(II) are a citizen, subject,
national, or resident of such country;
and
``(III) have received a final order
of removal; and
``(ii) includes the total number of aliens
described under clause (i), organized by--
``(I) name;
``(II) country;
``(III) detention status; and
``(IV) criminal status.
``(F) Compliance with repatriation.--If the
Secretary of Homeland Security determines that a
country listed in the quarterly report under
subparagraph (E) has accepted each alien listed with
respect to that country under subparagraph (E)(ii), the
country shall be removed from the list in the next
quarterly report submitted under subparagraph (E) and
shall not be subject to the sanctions described in this
paragraph, unless subparagraph (E) applies to such
country with respect to another alien.
``(G) Denies or unreasonably delays.--
``(i) In general.--Except as provided under
clause (ii), in this paragraph, a country
`denies or unreasonably delays' the acceptance
of an alien who is a citizen, subject,
national, or resident of the country if the
country does not accept the alien within the
removal period.
``(ii) Alien that may not be removed.--For
purposes of clause (i), a country does not deny
or unreasonably delay the acceptance of an
alien who is a citizen, subject, national, or
resident of the country if such alien may not
be removed pursuant to this section.''.
SEC. 213. ADDITIONAL ICE DETENTION SPACE.
(a) In General.--The Secretary of Homeland Security shall make
arrangements for the availability of 10,000 additional beds for
detaining aliens taken into custody by immigration officials.
(b) Implementation.--Efforts shall be made to--
(1) contract private facilities whenever possible to
promote efficient use and to limit the Federal Government's
maintenance of and liability for additional infrastructure;
(2) utilize State and local facilities for the provision of
additional beds; and
(3) utilize BRAC facilities or active duty facilities.
(c) Construction.--The Department of Homeland Security shall
construct facilities as necessary to meet the remainder of the 10,000
new beds to be provided.
SEC. 214. ADDITIONAL IMMIGRATION JUDGESHIPS AND LAW CLERKS.
(a) Judgeships.--The Attorney General shall create and fill twenty
additional Immigration Judgeships within 6 months after the date of
enactment of this Act.
(b) Clerkships.--The Attorney General shall also ensure that for
every 2 Immigration Judges there shall be no fewer than one law clerk
dedicated to assisting Immigration Judges.
SEC. 215. ADDITIONAL ICE PROSECUTORS.
The Secretary shall increase by sixty the number of full-time trial
attorneys working for the Immigration and Customs Enforcement Office of
the Principal Legal Advisor.
SEC. 216. ENSURING THE SAFETY OF ICE OFFICERS AND AGENTS.
(a) Body Armor.--The Secretary shall ensure that every Immigration
and Customs Enforcement deportation officer and immigration enforcement
agent on duty is issued high-quality body armor that is appropriate for
the climate and risks faced by the agent. Enough body armor must be
purchased to cover every agent in the field.
(b) Weapons.--The Secretary shall ensure that Immigration and
Customs Enforcement deportation officers and immigration enforcement
agents are equipped with weapons that are reliable and effective to
protect themselves, their fellow agents, and innocent third parties
from the threats posed by armed criminals. Such weapons shall include,
at a minimum, standard-issue handguns, M-4 (or equivalent) rifles, and
Tasers.
SEC. 217. ICE ADVISORY COUNCIL.
(a) Establishment.--An ICE Advisory Council shall be established
within 3 months of enactment of this Act.
(b) Membership.--The ICE Advisor Council shall be comprised of
seven members.
(1) Members are to be appointed in the following manner:
(A) One member shall be appointed by the President;
(B) One member shall be appointed by the Chairman
of the Judiciary Committee of the House of
Representatives;
(C) One member shall be appointed by the Chairman
of the Judiciary Committee of the Senate;
(D) One member shall be appointed by the Local 511,
the ICE prosecutor's union; and
(E) Three members shall be appointed by the
National Immigration and Customs Enforcement Council.
(2) Members shall serve renewable, 2-year terms.
(3) Membership shall be voluntary and non-remunerated,
except that members will receive reimbursement from ICE for
travel and other related expenses.
(4) Members who are employed by ICE shall be protected from
retaliation by their supervisors, managers, and other DHS
employees for their participation on the Council.
(c) Purpose.--The purpose of the Council is to advise the Congress
and the Director of Immigration and Customs Enforcement on issues
including the following:
(1) The current status of ICE immigration enforcement
efforts, including prosecutions and removals, the effectiveness
of such efforts, and how enforcement could be improved;
(2) The effectiveness of cooperative efforts between ICE
and other law enforcement agencies, including additional types
of enforcement activities that ICE should be engaged in, such
as State and local criminal task forces;
(3) Personnel, equipment, and other resource needs of ICE
field personnel;
(4) Improvements that should be made to ICE's
organizational structure, including whether the position of
immigration enforcement agent should be merged into the
deportation officer position; and
(5) The effectiveness of specific enforcement policies and
regulations promulgated by ICE Headquarters, and whether other
enforcement priorities should be considered.
(d) Reports.--The Council shall provide quarterly reports to the
Chairmen and Ranking Members of the Judiciary Committees of the Senate
and the House of Representatives and to the Director of Immigration and
Customs Enforcement. The Council members shall meet directly with the
Chairmen and Ranking Members (or their designated representatives) and
with the Director to discuss their reports every 6 months.
TITLE III--GAINING OPERATIONAL CONTROL OF AMERICA'S BORDERS
SEC. 301. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.
(a) System.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall develop the biometric automated entry
and exit control system required by Sec. 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208),
which was duly enacted by Congress and signed into law.
(b) Pilot Exit Programs.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish biometric exit
pilot programs at a minimum of 10 land ports of entry, including at
least two each in California, Arizona, New Mexico, and Texas, and at
least two on the United States-Canada border.
(c) Purpose.--Such pilot programs, at a minimum shall match all
nonimmigrant visa holders who depart the United States through the
pilot port with their initial entry into the United States and report
whether they departed within the terms of their visas.
(d) DHS Report.--The Secretary shall report to Congress no later
than one year after the date of enactment of this Act, and every 6
months thereafter, on the effectiveness of the pilot programs,
including--
(1) what percentage of aliens leaving the United States
through the pilot ports were tracked through the pilot;
(2) what percentage of tracked aliens violated the duration
of their visas; and
(3) the rate of visa compliance by nonimmigrant visa type.
(e) GAO Report.--The General Accountability Office shall report to
Congress no later than one year after the date of enactment of this Act
on the effectiveness of the pilot programs and recommendations for
improving their effectiveness and expanding them nationwide.
SEC. 302. MEASURING BORDER SECURITY.
(a) In General.--The Department of Homeland Security shall assess
the effectiveness of border enforcement strategies and tools by using
the metric of ``operational control''.
(b) Operational Control Defined.--In this section, the term
``operational control'' means the prevention of all unlawful entries
into the United States, including entries by terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other contraband.
(c) DHS Report.--Not later than 1 year after the date of the
enactment of this Act and annually thereafter, the Secretary shall
submit to Congress a report on the progress made toward achieving and
maintaining operational control over the entire international land and
maritime borders of the United States in accordance with this section.
(d) GAO Report.--Not later than 1 year after the date of the
enactment of this Act and annually thereafter, the General
Accountability Office shall submit to Congress a report on the progress
made toward achieving and maintaining operational control over the
entire international land and maritime borders of the United States in
accordance with this section.
SEC. 303. NATIONAL STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF AMERICA'S
BORDERS.
(a) Requirement for National Strategy.--The Secretary, in
consultation with the heads of other appropriate Federal agencies,
shall develop a national strategy to secure the borders that describes
actions to be carried out to achieve operational control over all ports
of entry into the United States and the international land and maritime
borders of the United States by December 31, 2015.
(b) Content.--The national strategy to secure the borders shall
include the following:
(1) An assessment of the threats posed by terrorists and
terrorist groups that may try to infiltrate the United States
at locations along the international land and maritime borders
of the United States.
(2) A risk assessment for all United States ports of entry
and all portions of the international land and maritime borders
of the United States that includes a description of activities
being undertaken--
(A) to prevent the entry of terrorists, other
unlawful aliens, instruments of terrorism, narcotics,
and other contraband into the United States; and
(B) to protect critical infrastructure at or near
such ports of entry or borders.
(3) An assessment of the most appropriate, practical, and
cost-effective means of defending the international land and
maritime borders of the United States against threats to
security and illegal transit, including intelligence
capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities.
(4) An assessment of staffing needs for all border security
functions, taking into account threat and vulnerability
information pertaining to the borders and the impact of new
security programs, policies, and technologies.
(5) A description of the border security roles and missions
of Federal Government, State government, local government, and
tribal authorities, and recommendations regarding actions the
Secretary can carry out to improve coordination with such
authorities to enable border security and enforcement
activities to be carried out in a more efficient and effective
manner.
(6) An assessment of existing efforts and technologies used
for border security and the effect of the use of such efforts
and technologies on the safety, civil rights, private property
rights, privacy rights, and civil liberties, including the
effects on Americans living in the border region and local,
State, and Federal law enforcement officers working in the
border region.
(7) A prioritized list of research and development
objectives to enhance the security of the international land
and maritime borders of the United States.
(8) An assessment of additional detention facilities and
beds that are needed to detain unlawful aliens apprehended at
United States ports of entry or along the international land
borders of the United States.
(9) A schedule for the implementation of the security
measures described in said strategy, including a prioritization
of security measures, realistic deadlines for addressing the
security and enforcement needs, an estimate of the resources
needed to carry out such measures, and a description of how
such resources should be allocated.
(c) Consultation.--In developing the national strategy for border
security, the Secretary shall consult with representatives of--
(1) State, local, and tribal governmental authorities with
responsibility for locations along the international land and
maritime borders of the United States; and
(2) appropriate private sector entities, nongovernmental
organizations, and affected communities that have expertise in
areas related to border security.
(d) Coordination.--The national strategy for border security shall
be consistent with the National Strategy for Maritime Security
developed pursuant to Homeland Security Presidential Directive 13,
dated December 21, 2004.
(e) Submission to Congress.--
(1) Strategy.--Not later than December 31, 2013, the
Secretary shall submit to Congress the national strategy to
achieve operational control of U.S. borders.
(2) Updates.--The Secretary shall submit to Congress any
update of such strategy that the Secretary determines is
necessary, not later than 30 days after such update is
developed.
(f) Immediate Action.--Nothing in this section may be construed to
relieve the Secretary of the responsibility to take all actions
necessary and appropriate to achieve and maintain immediate operational
control over the entire international land and maritime borders of the
United States.
SEC. 304. IMPROVING BORDER TECHNOLOGY.
(a) Equipment Sharing Between Department of Homeland Security and
Department of Defense.--The Secretaries of these 2 departments shall
develop and implement a plan to use authorities provided to the
Secretary of Defense under chapter 18 of title 10, United States Code,
to increase the availability and use of Department of Defense
equipment, including unmanned aerial vehicles, tethered aerostat
radars, and other surveillance equipment, to assist the Secretary in
carrying out surveillance activities conducted at or near the
international land borders of the United States to prevent illegal
immigration.
(b) Report.--Not later than 6 months after the date of enactment of
this Act (and then annually from that point), the Secretary and the
Secretary of Defense shall submit to Congress a report that contains--
(1) a description of the current use of Department of
Defense equipment to assist the Secretary in carrying out
surveillance of the international land borders of the United
States and assessment of the potential risks to citizens of the
United States and key foreign policy interests associated with
the use of such equipment;
(2) the plan developed under subsection (a) to increase the
use of Department of Defense equipment to assist such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by the Secretary of Defense under such
plan during the 1-year period beginning on the date of the
submission of the report.
(c) Secure Communication.--The secretary shall, as expeditiously as
practicable, develop and implement a plan to improve the use of
satellite communications and other technologies to ensure clear and
secure 2-way communication capabilities--
(1) among all Border Patrol agents conducting operations
between ports of entry;
(2) between Border Patrol agents and their respective
Border Patrol stations; and
(3) between all appropriate law enforcement agencies of the
Department and State, local, and tribal law enforcement
agencies.
(d) Other Technology Upgrades.--The Secretary shall purchase and
implement new technology to secure the borders, including, but not
limited to drones, infrared cameras, sensors, mobile lighting units,
radar and infrared heat.
SEC. 305. ENSURING THE SAFETY OF BORDER PATROL AGENTS.
(a) Body Armor.--The Secretary shall ensure that every agent on
duty is issued high-quality body armor that is appropriate for the
climate and risks faced by the agent. Enough body armor must be
purchased to cover every agent in the field.
(b) Weapons.--The Secretary shall ensure that agents are equipped
with weapons, including long-guns, that are reliable and effective to
protect themselves, their fellow agents, and innocent third parties
from the threats posed by armed criminals. The Secretary shall ensure
that the policies of the Department authorize all agents to carry
weapons that are suited to the potential threats that they face, and
that all agents receive appropriate training in the use of such
weapons.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Armed Services, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Armed Services, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Armed Services, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Armed Services, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Armed Services, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Immigration and Border Security.