I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Keeping the Promise of IRCA Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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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. 

1 TITLE I—WORKSITE 

2 ENFORCEMENT THAT WORKS 

3 SEC. 101. EMPLOYMENT ELIGIBILITY VERIFICATION PROC4 ESS. 

5 (a) IN GENERAL.—Section 274A(b) of the Immigra6 tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 

7 to read as follows: 


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1 ‘‘(b) EMPLOYMENT ELIGIBILITY VERIFICATION

2 PROCESS.— 

3 ‘‘(1) NEW HIRES, RECRUITMENT, AND REFER4 RAL.—The requirements referred to in paragraphs 

5 (1)(B) and (3) of subsection (a) are, in the case of 

6 a person or other entity hiring, recruiting, or refer7 ring an individual for employment in the United 

8 States, the following: 

9 ‘‘(A) ATTESTATION AFTER EXAMINATION

10 OF DOCUMENTATION.— 

11 ‘‘(i) ATTESTATION.—On the date of 

12 hire (as defined in subsection (h)(4)), the 

13 person or entity shall attest, under penalty 

14 of perjury and on a form, including elec15 tronic and telephonic formats, designated 

16 or established by the Secretary by regula17 tion not later than 6 months after the date 

18 of the enactment of the Keeping the Prom19 ise of IRCA Act, that it has verified that 

20 the individual is not an unauthorized alien 

21 by— 

22 ‘‘(I) obtaining from the indi23 vidual the individual’s social security 

24 account number and recording the 

25 number on the form (if the individual 


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1 claims to have been issued such a 

2 number), and, if the individual does 

3 not attest to United States nationality 

4 under subparagraph (B), obtaining 

5 such identification or authorization 

6 number established by the Depart7 ment of Homeland Security for the 

8 alien as the Secretary of Homeland 

9 Security may specify, and recording 

10 such number on the form; and 

11 ‘‘(II) examining— 

12 ‘‘(aa) a document relating to 

13 the individual presenting it de14 scribed in clause (ii); or 

15 ‘‘(bb) a document relating to 

16 the individual presenting it de17 scribed in clause (iii) and a docu18 ment relating to the individual 

19 presenting it described in clause 

20 (iv). 

21 ‘‘(ii) DOCUMENTS EVIDENCING EM22 PLOYMENT AUTHORIZATION AND ESTAB23 LISHING IDENTITY.—A document de24 scribed in this subparagraph is an individ25 ual’s— 


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1 ‘‘(I) unexpired United States 

2 passport or passport card; 

3 ‘‘(II) unexpired permanent resi4 dent card that contains a photograph; 

5 ‘‘(III) unexpired employment au6 thorization card that contains a pho7 tograph; 

8 ‘‘(IV) in the case of a non9 immigrant alien authorized to work 

10 for a specific employer incident to sta11 tus, a foreign passport with Form I– 

12 94 or Form I–94A, or other docu13 mentation as designated by the Sec14 retary specifying the alien’s non15 immigrant status as long as the pe16 riod of status has not yet expired and 

17 the proposed employment is not in 

18 conflict with any restrictions or limita19 tions identified in the documentation; 

20 ‘‘(V) passport from the Fed21 erated States of Micronesia (FSM) or 

22 the Republic of the Marshall Islands 

23 (RMI) with Form I–94 or Form I– 

24 94A, or other documentation as des25 ignated by the Secretary, indicating 


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1 nonimmigrant admission under the 

2 Compact of Free Association Between 

3 the United States and the FSM or 

4 RMI; or 

5 ‘‘(VI) other document designated 

6 by the Secretary of Homeland Secu7 rity, if the document— 

8 ‘‘(aa) contains a photograph 

9 of the individual and biometric 

10 identification data from the indi11 vidual and such other personal 

12 identifying information relating 

13 to the individual as the Secretary 

14 of Homeland Security finds, by 

15 regulation, sufficient for purposes 

16 of this clause; 

17 ‘‘(bb) is evidence of author18 ization of employment in the 

19 United States; and 

20 ‘‘(cc) contains security fea21 tures to make it resistant to tam22 pering, counterfeiting, and fraud23 ulent use. 

24 ‘‘(iii) DOCUMENTS EVIDENCING EM25 PLOYMENT AUTHORIZATION.—A document 


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1 described in this subparagraph is an indi2 vidual’s social security account number 

3 card (other than such a card which speci4 fies on the face that the issuance of the 

5 card does not authorize employment in the 

6 United States). 

7 ‘‘(iv) DOCUMENTS ESTABLISHING

8 IDENTITY OF INDIVIDUAL.—A document 

9 described in this subparagraph is— 

10 ‘‘(I) an individual’s unexpired 

11 State issued driver’s license or identi12 fication card if it contains a photo13 graph and information such as name, 

14 date of birth, gender, height, eye 

15 color, and address; 

16 ‘‘(II) an individual’s unexpired 

17 U.S. military identification card; 

18 ‘‘(III) an individual’s unexpired 

19 Native American tribal identification 

20 document issued by a tribal entity rec21 ognized by the Bureau of Indian Af22 fairs; or 

23 ‘‘(IV) in the case of an individual 

24 under 18 years of age, a parent or 

25 legal guardian’s attestation under 


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1 penalty of law as to the identity and 

2 age of the individual. 

3 ‘‘(v) AUTHORITY TO PROHIBIT USE OF

4 CERTAIN DOCUMENTS.—If the Secretary of 

5 Homeland Security finds, by regulation, 

6 that any document described in clause (i), 

7 (ii), or (iii) as establishing employment au8 thorization or identity does not reliably es9 tablish such authorization or identity or is 

10 being used fraudulently to an unacceptable 

11 degree, the Secretary may prohibit or place 

12 conditions on its use for purposes of this 

13 paragraph. 

14 ‘‘(vi) SIGNATURE.—Such attestation 

15 may be manifested by either a hand-writ16 ten or electronic signature. 

17 ‘‘(B) INDIVIDUAL ATTESTATION OF EM18 PLOYMENT AUTHORIZATION.— 

19 ‘‘(i) IN GENERAL.—During the 

20 verification period (as defined in subpara21 graph (F)), the individual shall attest, 

22 under penalty of perjury on the form des23 ignated or established for purposes of sub24 paragraph (A), that the individual is a cit25 izen or national of the United States, an 


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1 alien lawfully admitted for permanent resi2 dence, or an alien who is authorized under 

3 this Act or by the Secretary of Homeland 

4 Security to be hired, recruited, or referred 

5 for such employment. Such attestation may 

6 be manifested by either a hand-written or 

7 electronic signature. The individual shall 

8 also provide that individual’s social secu9 rity account number (if the individual 

10 claims to have been issued such a number), 

11 and, if the individual does not attest to 

12 United States nationality under this sub13 paragraph, such identification or author14 ization number established by the Depart15 ment of Homeland Security for the alien 

16 as the Secretary may specify. 

17 ‘‘(ii) CRIMINAL PENALTY.— 

18 ‘‘(I) OFFENSES.—Any individual 

19 who, pursuant to clause (i), provides a 

20 social security account number or an 

21 identification or authorization number 

22 established by the Secretary of Home23 land Security that belongs to another 

24 person, knowing that the number does 

25 not belong to the individual providing 


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1 the number, shall be fined under title 

2 18, United States Code, imprisoned 

3 not less than 1 year and not more 

4 than 15 years, or both. Any individual 

5 who, pursuant to clause (i), provides, 

6 during and in relation to any felony 

7 violation enumerated in section 

8 1028A(c) of title 18, United States 

9 Code, a social security account num10 ber or an identification or authoriza11 tion number established by the Sec12 retary of Homeland Security that be13 longs to another person, knowing that 

14 the number does not belong to the in15 dividual providing the number, in ad16 dition to the punishment provided for 

17 such felony, shall be fined under title 

18 18, United States Code, imprisoned 

19 for a term of 2 years, or both. 

20 ‘‘(II) CONSECUTIVE SEN21 TENCE.—Notwithstanding any other 

22 provision of law— 

23 ‘‘(aa) a court shall not place 

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1 victed of a violation of this 

2 clause; 

3 ‘‘(bb) except as provided in 

4 item (dd), no term of imprison5 ment imposed on an individual 

6 under this section shall run con7 currently with any other term of 

8 imprisonment imposed on the in9 dividual under any other provi10 sion of law, including any term of 

11 imprisonment imposed for the 

12 felony enumerated in section 

13 1028A(c) of title 18, United 

14 States Code, during which the 

15 violation of this section occurred; 

16 ‘‘(cc) in determining any 

17 term of imprisonment to be im18 posed for the felony enumerated 

19 in section 1028A(c) of title 18, 

20 United States Code, during 

21 which the violation of this clause 

22 occurred, a court shall not in any 

23 way reduce the term to be im24 posed for such crime so as to 

25 compensate for, or otherwise take 


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1 into account, any separate term 

2 of imprisonment imposed or to be 

3 imposed for a violation of this 

4 clause; and 

5 ‘‘(dd) a term of imprison6 ment imposed on an individual 

7 for a violation of this clause may, 

8 in the discretion of the court, run 

9 concurrently, in whole or in part, 

10 only with another term of impris11 onment that is imposed by the 

12 court at the same time on that 

13 individual for an additional viola14 tion of this clause, except that 

15 such discretion shall be exercised 

16 in accordance with any applicable 

17 guidelines and policy statements 

18 issued by the United States Sen19 tencing Commission pursuant to 

20 section 994 of title 28, United 

21 States Code. 

22 ‘‘(C) RETENTION OF VERIFICATION FORM

23 AND VERIFICATION.— 

24 ‘‘(i) IN GENERAL.—After completion 

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1 graphs (A) and (B), the person or entity 

2 shall— 

3 ‘‘(I) retain a paper, microfiche, 

4 microfilm, or electronic version of the 

5 form and make it available for inspec6 tion by officers of the Department of 

7 Homeland Security, the Special Coun8 sel for Immigration-Related Unfair 

9 Employment Practices, or the Depart10 ment of Labor during a period begin11 ning on the date of the recruiting or 

12 referral of the individual, or, in the 

13 case of the hiring of an individual, the 

14 date on which the verification is com15 pleted, and ending— 

16 ‘‘(aa) in the case of the re17 cruiting or referral of an indi18 vidual, 3 years after the date of 

19 the recruiting or referral; and 

20 ‘‘(bb) in the case of the hir21 ing of an individual, the later of 

22 3 years after the date the 

23 verification is completed or one 

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1 ual’s employment is terminated; 

2 and 

3 ‘‘(II) during the verification pe4 riod (as defined in subparagraph (F)), 

5 make an inquiry, as provided in sub6 section (d), using the verification sys7 tem to seek verification of the identity 

8 and employment eligibility of an indi9 vidual. 

10 ‘‘(ii) CONFIRMATION.— 

11 ‘‘(I) CONFIRMATION RE12 CEIVED.—If the person or other entity 

13 receives an appropriate confirmation 

14 of an individual’s identity and work 

15 eligibility under the verification sys16 tem within the time period specified, 

17 the person or entity shall record on 

18 the form an appropriate code that is 

19 provided under the system and that 

20 indicates a final confirmation of such 

21 identity and work eligibility of the in22 dividual. 

23 ‘‘(II) TENTATIVE NONCONFIRMA24 TION RECEIVED.—If the person or 

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1 confirmation of an individual’s iden2 tity or work eligibility under the 

3 verification system within the time pe4 riod specified, the person or entity 

5 shall so inform the individual for 

6 whom the verification is sought. If the 

7 individual does not contest the non8 confirmation within the time period 

9 specified, the nonconfirmation shall be 

10 considered final. The person or entity 

11 shall then record on the form an ap12 propriate code which has been pro13 vided under the system to indicate a 

14 final nonconfirmation. If the indi15 vidual does contest the nonconfirma16 tion, the individual shall utilize the 

17 process for secondary verification pro18 vided under subsection (d). The non19 confirmation will remain tentative 

20 until a final confirmation or noncon21 firmation is provided by the 

22 verification system within the time pe23 riod specified. In no case shall an em24 ployer terminate employment of an in25 dividual because of a failure of the inVerDate Mar 15 2010 04:40 May 29, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2124.IH H2124

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1 dividual to have identity and work eli2 gibility confirmed under this section 

3 until a nonconfirmation becomes final. 

4 Nothing in this clause shall apply to a 

5 termination of employment for any 

6 reason other than because of such a 

7 failure. In no case shall an employer 

8 rescind the offer of employment to an 

9 individual because of a failure of the 

10 individual to have identity and work 

11 eligibility confirmed under this sub12 section until a nonconfirmation be13 comes final. Nothing in this subclause 

14 shall apply to a recission of the offer 

15 of employment for any reason other 

16 than because of such a failure. 

17 ‘‘(III) FINAL CONFIRMATION OR

18 NONCONFIRMATION RECEIVED.—If a 

19 final confirmation or nonconfirmation 

20 is provided by the verification system 

21 regarding an individual, the person or 

22 entity shall record on the form an ap23 propriate code that is provided under 

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1 tity and work eligibility of the indi2 vidual. 

3 ‘‘(IV) EXTENSION OF TIME.—If 

4 the person or other entity in good 

5 faith attempts to make an inquiry 

6 during the time period specified and 

7 the verification system has registered 

8 that not all inquiries were received 

9 during such time, the person or entity 

10 may make an inquiry in the first sub11 sequent working day in which the 

12 verification system registers that it 

13 has received all inquiries. If the 

14 verification system cannot receive in15 quiries at all times during a day, the 

16 person or entity merely has to assert 

17 that the entity attempted to make the 

18 inquiry on that day for the previous 

19 sentence to apply to such an inquiry, 

20 and does not have to provide any ad21 ditional proof concerning such inquiry. 

22 ‘‘(V) CONSEQUENCES OF NON23 CONFIRMATION.— 

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1 PLOYMENT.—If the person or 

2 other entity has received a final 

3 nonconfirmation regarding an in4 dividual, the person or entity 

5 may terminate employment of the 

6 individual (or decline to recruit 

7 or refer the individual). If the 

8 person or entity does not termi9 nate employment of the indi10 vidual or proceeds to recruit or 

11 refer the individual, the person or 

12 entity shall notify the Secretary 

13 of Homeland Security of such 

14 fact through the verification sys15 tem or in such other manner as 

16 the Secretary may specify. 

17 ‘‘(bb) FAILURE TO NO18 TIFY.—If the person or entity 

19 fails to provide notice with re20 spect to an individual as required 

21 under item (aa), the failure is 

22 deemed to constitute a violation 

23 of subsection (a)(1)(A) with re24 spect to that individual. 


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1 ‘‘(VI) CONTINUED EMPLOYMENT

2 AFTER FINAL NONCONFIRMATION.—If 

3 the person or other entity continues to 

4 employ (or to recruit or refer) an indi5 vidual after receiving final noncon6 firmation, a rebuttable presumption is 

7 created that the person or entity has 

8 violated subsection (a)(1)(A). 

9 ‘‘(D) EFFECTIVE DATES OF NEW PROCE10 DURES.— 

11 ‘‘(i) HIRING.—The provisions of this 

12 paragraph shall apply to a person or other 

13 entity hiring an individual for employment 

14 in the United States as follows: 

15 ‘‘(I) With respect to employers 

16 having 10,000 or more employees in 

17 the United States on the date of the 

18 enactment of the Keeping the Promise 

19 of IRCA Act, on the date that is 6 

20 months after the date of the enact21 ment of such Act. 

22 ‘‘(II) With respect to employers 

23 having 500 or more employees in the 

24 United States, but less than 10,000 

25 employees in the United States, on 


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1 the date of the enactment of the 

2 Keeping the Promise of IRCA Act, on 

3 the date that is 12 months after the 

4 date of the enactment of such Act. 

5 ‘‘(III) With respect to employers 

6 having 20 or more employees in the 

7 United States, but less than 500 em8 ployees in the United States, on the 

9 date of the enactment of the Keeping 

10 the Promise of IRCA Act, on the date 

11 that is 18 months after the date of 

12 the enactment of such Act. 

13 ‘‘(IV) With respect to employers 

14 having one or more employees in the 

15 United States, but less than 20 em16 ployees in the United States, on the 

17 date of the enactment of the Keeping 

18 the Promise of IRCA Act, on the date 

19 that is 24 months after the date of 

20 the enactment of such Act. 

21 ‘‘(ii) RECRUITING AND REFERRING.— 

22 The provisions of this paragraph shall 

23 apply to a person or other entity recruiting 

24 or referring an individual for employment 

25 in the United States on the date that is 12 


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1 months after the date of the enactment of 

2 the Keeping the Promise of IRCA Act. 

3 ‘‘(iii) TRANSITION RULE.—Subject to 

4 paragraph (4), the following shall apply to 

5 a person or other entity hiring, recruiting, 

6 or referring an individual for employment 

7 in the United States until the effective 

8 date or dates applicable under clauses (i) 

9 and (ii): 

10 ‘‘(I) This subsection, as in effect 

11 before the enactment of the Keeping 

12 the Promise of IRCA Act. 

13 ‘‘(II) Subtitle A of title IV of the 

14 Illegal Immigration Reform and Im15 migrant Responsibility Act of 1996 (8 

16 U.S.C. 1324a note), as in effect be17 fore the effective date in section 7(c) 

18 of the Keeping the Promise of IRCA 

19 Act. 

20 ‘‘(III) Any other provision of 

21 Federal law requiring the person or 

22 entity to participate in the E-Verify 

23 Program described in section 403(a) 

24 of the Illegal Immigration Reform and 

25 Immigrant Responsibility Act of 1996 


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1 (8 U.S.C. 1324a note), as in effect be2 fore the effective date in section 7(c) 

3 of the Keeping the Promise of IRCA 

4 Act, including Executive Order 13465 

5 (8 U.S.C. 1324a note; relating to 

6 Government procurement). 

7 ‘‘(E) VERIFICATION PERIOD DEFINED.— 

8 ‘‘(i) IN GENERAL.—For purposes of 

9 this paragraph: 

10 ‘‘(I) In the case of recruitment or 

11 referral, the term ‘verification period’ 

12 means the period ending on the date 

13 recruiting or referring commences. 

14 ‘‘(II) In the case of hiring, the 

15 term ‘verification period’ means the 

16 period beginning on the date on which 

17 an offer of employment is extended 

18 and ending on the date that is 3 busi19 ness days after the date of hire, ex20 cept as provided in clause (ii). 

21 ‘‘(ii) SPECIAL RULE.—Notwith22 standing clause (i)(II), in the case of an 

23 alien who is authorized for employment 

24 and who provides evidence from the Social 

25 Security Administration that the alien has 


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1 applied for a social security account num2 ber, the verification period ends 3 business 

3 days after the alien receives the social se4 curity account number. 

5 ‘‘(2) REVERIFICATION FOR INDIVIDUALS WITH

6 LIMITED WORK AUTHORIZATION.— 

7 ‘‘(A) IN GENERAL.—A person or entity 

8 shall make an inquiry, as provided in subsection 

9 (d), using the verification system to seek 

10 reverification of the identity and employment 

11 eligibility of all individuals with a limited period 

12 of work authorization employed by the person 

13 or entity during the 3 business days before the 

14 date on which the employee’s work authoriza15 tion expires as follows: 

16 ‘‘(i) With respect to employers having 

17 10,000 or more employees in the United 

18 States on the date of the enactment of the 

19 Keeping the Promise of IRCA Act, begin20 ning on the date that is 6 months after the 

21 date of the enactment of such Act. 

22 ‘‘(ii) With respect to employers having 

23 500 or more employees in the United 

24 States, but less than 10,000 employees in 

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1 actment of the Keeping the Promise of 

2 IRCA Act, beginning on the date that is 

3 12 months after the date of the enactment 

4 of such Act. 

5 ‘‘(iii) With respect to employers hav6 ing 20 or more employees in the United 

7 States, but less than 500 employees in the 

8 United States, on the date of the enact9 ment of the Keeping the Promise of IRCA 

10 Act, beginning on the date that is 18 

11 months after the date of the enactment of 

12 such Act. 

13 ‘‘(iv) With respect to employers hav14 ing 1 or more employees in the United 

15 States, but less than 20 employees in the 

16 United States, on the date of the enact17 ment of the Keeping the Promise of IRCA 

18 Act, beginning on the date that is 24 

19 months after the date of the enactment of 

20 such Act. 

21 ‘‘(B) REVERIFICATION.—Paragraph 

22 (1)(C)(ii) shall apply to reverifications pursuant 

23 to this paragraph on the same basis as it ap24 plies to verifications pursuant to paragraph (1), 

25 except that employers shall— 


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1 ‘‘(i) use a form designated or estab2 lished by the Secretary by regulation for 

3 purposes of this paragraph; and 

4 ‘‘(ii) retain a paper, microfiche, micro5 film, or electronic version of the form and 

6 make it available for inspection by officers 

7 of the Department of Homeland Security, 

8 the Special Counsel for Immigration-Re9 lated Unfair Employment Practices, or the 

10 Department of Labor during the period be11 ginning on the date the reverification com12 mences and ending on the date that is the 

13 later of 3 years after the date of such 

14 reverification or 1 year after the date the 

15 individual’s employment is terminated. 

16 ‘‘(3) EARLY COMPLIANCE.— 

17 ‘‘(A) FORMER E-VERIFY REQUIRED USERS, 

18 INCLUDING FEDERAL CONTRACTORS.—Notwith19 standing the deadlines in paragraphs (1) and 

20 (2), beginning on the date of the enactment of 

21 the Keeping the Promise of IRCA Act, the Sec22 retary is authorized to commence requiring em23 ployers required to participate in the E-Verify 

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1 sponsibility Act of 1996 (8 U.S.C. 1324a note), 

2 including employers required to participate in 

3 such program by reason of Federal acquisition 

4 laws (and regulations promulgated under those 

5 laws, including the Federal Acquisition Regula6 tion), to commence compliance with the require7 ments of this subsection (and any additional re8 quirements of such Federal acquisition laws and 

9 regulation) in lieu of any requirement to par10 ticipate in the E-Verify Program. 

11 ‘‘(B) FORMER E-VERIFY VOLUNTARY

12 USERS AND OTHERS DESIRING EARLY COMPLI13 ANCE.—Notwithstanding the deadlines in para14 graphs (1) and (2), beginning on the date of 

15 the enactment of the Keeping the Promise of 

16 IRCA Act, the Secretary shall provide for the 

17 voluntary compliance with the requirements of 

18 this subsection by employers voluntarily electing 

19 to participate in the E-Verify Program de20 scribed in section 403(a) of the Illegal Immigra21 tion Reform and Immigrant Responsibility Act 

22 of 1996 (8 U.S.C. 1324a note) before such 

23 date, as well as by other employers seeking vol24 untary early compliance. 


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1 ‘‘(4) COPYING OF DOCUMENTATION PER2 MITTED.—Notwithstanding any other provision of 

3 law, the person or entity may copy a document pre4 sented by an individual pursuant to this subsection 

5 and may retain the copy, but only (except as other6 wise permitted under law) for the purpose of com7 plying with the requirements of this subsection. 

8 ‘‘(5) LIMITATION ON USE OF FORMS.—A form 

9 designated or established by the Secretary of Home10 land Security under this subsection and any infor11 mation contained in or appended to such form, may 

12 not be used for purposes other than for enforcement 

13 of this Act and any other provision of Federal crimi14 nal law. 

15 ‘‘(6) GOOD FAITH COMPLIANCE.— 

16 ‘‘(A) IN GENERAL.—Except as otherwise 

17 provided in this subsection, a person or entity 

18 is considered to have complied with a require19 ment of this subsection notwithstanding a tech20 nical or procedural failure to meet such require21 ment if there was a good faith attempt to com22 ply with the requirement. 

23 ‘‘(B) EXCEPTION IF FAILURE TO CORRECT

24 AFTER NOTICE.—Subparagraph (A) shall not 

25 apply if— 


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1 ‘‘(i) the failure is not de minimus; 

2 ‘‘(ii) the Secretary of Homeland Secu3 rity has explained to the person or entity 

4 the basis for the failure and why it is not 

5 de minimus; 

6 ‘‘(iii) the person or entity has been 

7 provided a period of not less than 30 cal8 endar days (beginning after the date of the 

9 explanation) within which to correct the 

10 failure; and 

11 ‘‘(iv) the person or entity has not cor12 rected the failure voluntarily within such 

13 period. 

14 ‘‘(C) EXCEPTION FOR PATTERN OR PRAC15 TICE VIOLATORS.—Subparagraph (A) shall not 

16 apply to a person or entity that has or is engag17 ing in a pattern or practice of violations of sub18 section (a)(1)(A) or (a)(2). 

19 ‘‘(7) SINGLE EXTENSION OF DEADLINES UPON

20 CERTIFICATION.—In a case in which the Secretary 

21 of Homeland Security has certified to the Congress 

22 that the employment eligibility verification system 

23 required under subsection (d) will not be fully oper24 ational by the date that is 6 months after the date 

25 of the enactment of the Keeping the Promise of 


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1 IRCA Act, each deadline established under this sec2 tion for an employer to make an inquiry using such 

3 system shall be extended by 6 months. No other ex4 tension of such a deadline shall be made.’’. 

5 (b) DATE OF HIRE.—Section 274A(h) of the Immi6 gration and Nationality Act (8 U.S.C. 1324a(h)) is 

7 amended by adding at the end the following: 

8 ‘‘(4) DEFINITION OF DATE OF HIRE.—As used 

9 in this section, the term ‘date of hire’ means the 

10 date of actual commencement of employment for 

11 wages or other remuneration, unless otherwise speci12 fied.’’. 

13 SEC. 102. EMPLOYMENT ELIGIBILITY VERIFICATION SYS14 TEM. 

15 Section 274A(d) of the Immigration and Nationality 

16 Act (8 U.S.C. 1324a(d)) is amended to read as follows: 

17 ‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS18 TEM.— 

19 ‘‘(1) IN GENERAL.—Patterned on the employ20 ment eligibility confirmation system established 

21 under section 404 of the Illegal Immigration Reform 

22 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

23 1324a note), the Secretary of Homeland Security 

24 shall establish and administer a verification system 

25 through which the Secretary (or a designee of the 


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1 Secretary, which may be a nongovernmental enti2 ty)— 

3 ‘‘(A) responds to inquiries made by per4 sons at any time through a toll-free telephone 

5 line and other toll-free electronic media con6 cerning an individual’s identity and whether the 

7 individual is authorized to be employed; and 

8 ‘‘(B) maintains records of the inquiries 

9 that were made, of verifications provided (or 

10 not provided), and of the codes provided to in11 quirers as evidence of their compliance with 

12 their obligations under this section. 

13 ‘‘(2) INITIAL RESPONSE.—The verification sys14 tem shall provide confirmation or a tentative non15 confirmation of an individual’s identity and employ16 ment eligibility within 3 working days of the initial 

17 inquiry. If providing confirmation or tentative non18 confirmation, the verification system shall provide an 

19 appropriate code indicating such confirmation or 

20 such nonconfirmation. 

21 ‘‘(3) SECONDARY CONFIRMATION PROCESS IN

22 CASE OF TENTATIVE NONCONFIRMATION.—In cases 

23 of tentative nonconfirmation, the Secretary shall 

24 specify, in consultation with the Commissioner of 

25 Social Security, an available secondary verification 


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1 process to confirm the validity of information pro2 vided and to provide a final confirmation or noncon3 firmation not later than 10 working days after the 

4 date on which the notice of the tentative noncon5 firmation is received by the employee. The Secretary, 

6 in consultation with the Commissioner, may extend 

7 this deadline on a case-by-case basis, and if the time 

8 is extended, shall document such extension within 

9 the verification system. When final confirmation or 

10 nonconfirmation is provided, the verification system 

11 shall provide an appropriate code indicating such 

12 confirmation or nonconfirmation. 

13 ‘‘(4) DESIGN AND OPERATION OF SYSTEM.— 

14 The verification system shall be designed and oper15 ated— 

16 ‘‘(A) to maximize its reliability and ease of 

17 use by persons and other entities consistent 

18 with insulating and protecting the privacy and 

19 security of the underlying information; 

20 ‘‘(B) to respond to all inquiries made by 

21 such persons and entities on whether individ22 uals are authorized to be employed and to reg23 ister all times when such inquiries are not re24 ceived; 


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1 ‘‘(C) with appropriate administrative, tech2 nical, and physical safeguards to prevent unau3 thorized disclosure of personal information; 

4 ‘‘(D) to have reasonable safeguards against 

5 the system’s resulting in unlawful discrimina6 tory practices based on national origin or citi7 zenship status, including— 

8 ‘‘(i) the selective or unauthorized use 

9 of the system to verify eligibility; or 

10 ‘‘(ii) the exclusion of certain individ11 uals from consideration for employment as 

12 a result of a perceived likelihood that addi13 tional verification will be required, beyond 

14 what is required for most job applicants; 

15 and 

16 ‘‘(E) to limit the subjects of verification to 

17 the following individuals: 

18 ‘‘(i) Individuals hired, referred, or re19 cruited, in accordance with paragraph (1) 

20 or (4) of subsection (b). 

21 ‘‘(ii) Employees and prospective em22 ployees, in accordance with paragraph (1), 

23 (2), (3), or (4) of subsection (b). 


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1 ‘‘(iii) Individuals seeking to confirm 

2 their own employment eligibility on a vol3 untary basis. 

4 ‘‘(5) RESPONSIBILITIES OF COMMISSIONER OF

5 SOCIAL SECURITY.—As part of the verification sys6 tem, the Commissioner of Social Security, in con7 sultation with the Secretary of Homeland Security 

8 (and any designee of the Secretary selected to estab9 lish and administer the verification system), shall es10 tablish a reliable, secure method, which, within the 

11 time periods specified under paragraphs (2) and (3), 

12 compares the name and social security account num13 ber provided in an inquiry against such information 

14 maintained by the Commissioner in order to validate 

15 (or not validate) the information provided regarding 

16 an individual whose identity and employment eligi17 bility must be confirmed, the correspondence of the 

18 name and number, and whether the individual has 

19 presented a social security account number that is 

20 not valid for employment. The Commissioner shall 

21 not disclose or release social security information 

22 (other than such confirmation or nonconfirmation) 

23 under the verification system except as provided for 

24 in this section or section 205(c)(2)(I) of the Social 

25 Security Act. 


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1 ‘‘(6) RESPONSIBILITIES OF SECRETARY OF

2 HOMELAND SECURITY.—As part of the verification 

3 system, the Secretary of Homeland Security (in con4 sultation with any designee of the Secretary selected 

5 to establish and administer the verification system), 

6 shall establish a reliable, secure method, which, with7 in the time periods specified under paragraphs (2) 

8 and (3), compares the name and alien identification 

9 or authorization number (or any other information 

10 as determined relevant by the Secretary) which are 

11 provided in an inquiry against such information 

12 maintained or accessed by the Secretary in order to 

13 validate (or not validate) the information provided, 

14 the correspondence of the name and number, wheth15 er the alien is authorized to be employed in the 

16 United States, or to the extent that the Secretary 

17 determines to be feasible and appropriate, whether 

18 the records available to the Secretary verify the 

19 identity or status of a national of the United States. 

20 ‘‘(7) OFFENSES.— 

21 ‘‘(A) IN GENERAL.—Any person or entity 

22 that, in making an inquiry under subsection 

23 (b)(1)(C)(i)(II), provides to the verification sys24 tem a social security account number or an 

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1 lished by the Secretary of Homeland Security 

2 that belongs to a person other than the indi3 vidual whose identity and employment author4 ization are being verified, knowing that the 

5 number does not belong to the individual whose 

6 identity and employment authorization are 

7 being verified, shall be fined under title 18, 

8 United States Code, imprisoned not less than 1 

9 year and not more than 15 years, or both. If 

10 the person or entity, in making an inquiry 

11 under subsection (b)(1)(C)(i)(II), during and in 

12 relation to any felony violation enumerated in 

13 section 1028A(c) of title 18, United States 

14 Code, provides to the verification system a so15 cial security account number or an identifica16 tion or authorization number established by the 

17 Secretary of Homeland Security that belongs to 

18 a person other than the individual whose iden19 tity and employment authorization are being 

20 verified, knowing that the number does not be21 long to the individual whose identity and work 

22 authorization are being verified, in addition to 

23 the punishment provided for such felony, shall 

24 be fined under title 18, United States Code, im25 prisoned for a term of 2 years, or both. 


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1 ‘‘(B) CONSECUTIVE SENTENCE.—Notwith2 standing any other provision of law— 

3 ‘‘(i) a court shall not place on proba4 tion any person or entity convicted of a 

5 violation of this paragraph; 

6 ‘‘(ii) except as provided in clause (iv), 

7 no term of imprisonment imposed on a 

8 person or entity under this section shall 

9 run concurrently with any other term of 

10 imprisonment imposed on the person or en11 tity under any other provision of law, in12 cluding any term of imprisonment imposed 

13 for the felony enumerated in section 

14 1028A(c) of title 18, United States Code, 

15 during which the violation of this para16 graph occurred; 

17 ‘‘(iii) in determining any term of im18 prisonment to be imposed for the felony 

19 enumerated in section 1028A(c) of title 18, 

20 United States Code, during which the vio21 lation of this section occurred, a court 

22 shall not in any way reduce the term to be 

23 imposed for such crime so as to com24 pensate for, or otherwise take into account, 

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1 posed or to be imposed for a violation of 

2 this paragraph; and 

3 ‘‘(iv) a term of imprisonment imposed 

4 on a person or entity for a violation of this 

5 paragraph may, in the discretion of the 

6 court, run concurrently, in whole or in 

7 part, only with another term of imprison8 ment that is imposed by the court at the 

9 same time on that person or entity for an 

10 additional violation of this paragraph, ex11 cept that such discretion shall be exercised 

12 in accordance with any applicable guide13 lines and policy statements issued by the 

14 United States Sentencing Commission pur15 suant to section 994 of title 28, United 

16 States Code. 

17 ‘‘(8) UPDATING INFORMATION.—The Commis18 sioner of Social Security and the Secretary of Home19 land Security shall update their information in a 

20 manner that promotes the maximum accuracy and 

21 shall provide a process for the prompt correction of 

22 erroneous information, including instances in which 

23 it is brought to their attention in the secondary 

24 verification process described in paragraph (3). 


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1 ‘‘(9) LIMITATION ON USE OF THE

2 VERIFICATION SYSTEM AND ANY RELATED SYS3 TEMS.— 

4 ‘‘(A) NO NATIONAL IDENTIFICATION

5 CARD.—Nothing in this section shall be con6 strued to authorize, directly or indirectly, the 

7 issuance or use of national identification cards 

8 or the establishment of a national identification 

9 card. 

10 ‘‘(B) CRITICAL INFRASTRUCTURE.—The 

11 Secretary may authorize or direct any person or 

12 entity responsible for granting access to, pro13 tecting, securing, operating, administering, or 

14 regulating part of the critical infrastructure (as 

15 defined in section 1016(e) of the Critical Infra16 structure Protection Act of 2001 (42 U.S.C. 

17 5195c(e))) to use the verification system to the 

18 extent the Secretary determines that such use 

19 will assist in the protection of the critical infra20 structure.’’. 

21 SEC. 103. RECRUITMENT, REFERRAL, AND CONTINUATION 

22 OF EMPLOYMENT. 

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1 MENT.—Section 274A(a) of the Immigration and Nation2 ality Act (8 U.S.C. 1324a(a)) is amended— 

3 (1) in paragraph (1)(A), by striking ‘‘for a fee’’; 

4 (2) in paragraph (1), by amending subpara5 graph (B) to read as follows: 

6 ‘‘(B) to hire, continue to employ, or to re7 cruit or refer for employment in the United 

8 States an individual without complying with the 

9 requirements of subsection (b).’’; 

10 (3) in paragraph (2), by striking ‘‘after hiring 

11 an alien for employment in accordance with para12 graph (1),’’ and inserting ‘‘after complying with 

13 paragraph (1),’’; and 

14 (4) in paragraph (3), by striking ‘‘hiring,’’ and 

15 inserting ‘‘hiring, employing,’’ each place it appears. 

16 (b) DEFINITION.—Section 274A(h) of the Immigra17 tion and Nationality Act (8 U.S.C. 1324a(h)), as amended 

18 by section 101(b) of this Act, is further amended by add19 ing at the end the following: 

20 ‘‘(5) DEFINITION OF RECRUIT OR REFER.—As 

21 used in this section, the term ‘refer’ means the act 

22 of sending or directing a person who is in the United 

23 States or transmitting documentation or information 

24 to another, directly or indirectly, with the intent of 

25 obtaining employment in the United States for such 


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1 person. Only persons or entities referring for remu2 neration (whether on a retainer or contingency 

3 basis) are included in the definition, except that 

4 union hiring halls that refer union members or non5 union individuals who pay union membership dues 

6 are included in the definition whether or not they re7 ceive remuneration, as are labor service entities or 

8 labor service agencies, whether public, private, for9 profit, or nonprofit, that refer, dispatch, or other10 wise facilitate the hiring of laborers for any period 

11 of time by a third party. As used in this section, the 

12 term ‘recruit’ means the act of soliciting a person 

13 who is in the United States, directly or indirectly, 

14 and referring the person to another with the intent 

15 of obtaining employment for that person. Only per16 sons or entities referring for remuneration (whether 

17 on a retainer or contingency basis) are included in 

18 the definition, except that union hiring halls that 

19 refer union members or nonunion individuals who 

20 pay union membership dues are included in this defi21 nition whether or not they receive remuneration, as 

22 are labor service entities or labor service agencies, 

23 whether public, private, for-profit, or nonprofit that 

24 recruit, dispatch, or otherwise facilitate the hiring of 

25 laborers for any period of time by a third party.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the date that is 1 year 

3 after the date of the enactment of this Act, except that 

4 the amendments made by subsection (a) shall take effect 

5 6 months after the date of the enactment of this Act inso6 far as such amendments relate to continuation of employ7 ment. 

8 SEC. 104. GOOD FAITH DEFENSE. 

9 Section 274A(a)(3) of the Immigration and Nation10 ality Act (8 U.S.C. 1324a(a)(3)) is amended to read as 

11 follows: 

12 ‘‘(3) GOOD FAITH DEFENSE.— 

13 ‘‘(A) DEFENSE.—An employer (or person 

14 or entity that hires, employs, recruits, or refers 

15 (as defined in subsection (h)(5)), or is otherwise 

16 obligated to comply with this section) who es17 tablishes that it has complied in good faith with 

18 the requirements of subsection (b)— 

19 ‘‘(i) shall not be liable to a job appli20 cant, an employee, the Federal Govern21 ment, or a State or local government, 

22 under Federal, State, or local criminal or 

23 civil law for any employment-related action 

24 taken with respect to a job applicant or 

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1 tion provided through the system estab2 lished under subsection (d); and 

3 ‘‘(ii) has established compliance with 

4 its obligations under subparagraphs (A) 

5 and (B) of paragraph (1) and subsection 

6 (b) absent a showing by the Secretary of 

7 Homeland Security, by clear and con8 vincing evidence, that the employer had 

9 knowledge that an employee is an unau10 thorized alien. 

11 ‘‘(B) FAILURE TO SEEK AND OBTAIN

12 VERIFICATION.—Subject to the effective dates 

13 and other deadlines applicable under subsection 

14 (b), in the case of a person or entity in the 

15 United States that hires, or continues to em16 ploy, an individual, or recruits or refers an indi17 vidual for employment, the following require18 ments apply: 

19 ‘‘(i) FAILURE TO SEEK

20 VERIFICATION.— 

21 ‘‘(I) IN GENERAL.—If the person 

22 or entity has not made an inquiry, 

23 under the mechanism established 

24 under subsection (d) and in accord25 ance with the timeframes established 


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1 under subsection (b), seeking 

2 verification of the identity and work 

3 eligibility of the individual, the de4 fense under subparagraph (A) shall 

5 not be considered to apply with re6 spect to any employment, except as 

7 provided in subclause (II). 

8 ‘‘(II) SPECIAL RULE FOR FAIL9 URE OF VERIFICATION MECHANISM.— 

10 If such a person or entity in good 

11 faith attempts to make an inquiry in 

12 order to qualify for the defense under 

13 subparagraph (A) and the verification 

14 mechanism has registered that not all 

15 inquiries were responded to during the 

16 relevant time, the person or entity can 

17 make an inquiry until the end of the 

18 first subsequent working day in which 

19 the verification mechanism registers 

20 no nonresponses and qualify for such 

21 defense. 

22 ‘‘(ii) FAILURE TO OBTAIN

23 VERIFICATION.—If the person or entity 

24 has made the inquiry described in clause 

25 (i)(I) but has not received an appropriate 


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1 verification of such identity and work eligi2 bility under such mechanism within the 

3 time period specified under subsection 

4 (d)(2) after the time the verification in5 quiry was received, the defense under sub6 paragraph (A) shall not be considered to 

7 apply with respect to any employment after 

8 the end of such time period.’’. 

9 SEC. 105. REPEAL. 

10 (a) IN GENERAL.—Subtitle A of title IV of the Illegal 

11 Immigration Reform and Immigrant Responsibility Act of 

12 1996 (8 U.S.C. 1234a note) is repealed. 

13 (b) REFERENCES.—Any reference in any Federal 

14 law, Executive order, rule, regulation, or delegation of au15 thority, or any document of, or pertaining to, the Depart16 ment of Homeland Security, Department of Justice, or the 

17 Social Security Administration, to the employment eligi18 bility confirmation system established under section 404 

19 of the Illegal Immigration Reform and Immigrant Respon20 sibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 

21 refer to the employment eligibility confirmation system es22 tablished under section 274A(d) of the Immigration and 

23 Nationality Act, as amended by section 102 of this Act. 


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1 (c) EFFECTIVE DATE.—This section shall take effect 

2 on the date that is 36 months after the date of the enact3 ment of this Act. 

4 SEC. 106. PENALTIES. 

5 Section 274A of the Immigration and Nationality Act 

6 (8 U.S.C. 1324a) is amended— 

7 (1) in subsection (e)(1)— 

8 (A) by striking ‘‘Attorney General’’ each 

9 place such term appears and inserting ‘‘Sec10 retary of Homeland Security’’; and 

11 (B) by striking ‘‘Service’’ and inserting 

12 ‘‘Department of Homeland Security’’; 

13 (2) in subsection (e)(4)— 

14 (A) in subparagraph (A), in the matter be15 fore clause (i), by inserting ‘‘, subject to para16 graph (10),’’ after ‘‘in an amount’’; 

17 (B) in subparagraph (A)(i), by striking 

18 ‘‘not less than $250 and not more than 

19 $2,000’’ and inserting ‘‘not less than $2,500 

20 and not more than $5,000’’; 

21 (C) in subparagraph (A)(ii), by striking 

22 ‘‘not less than $2,000 and not more than 

23 $5,000’’ and inserting ‘‘not less than $5,000 

24 and not more than $10,000’’; 


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1 (D) in subparagraph (A)(iii), by striking 

2 ‘‘not less than $3,000 and not more than 

3 $10,000’’ and inserting ‘‘not less than $10,000 

4 and not more than $25,000’’; and 

5 (E) by amending subparagraph (B) to read 

6 as follows: 

7 ‘‘(B) may require the person or entity to 

8 take such other remedial action as is appro9 priate.’’; 

10 (3) in subsection (e)(5)— 

11 (A) in the paragraph heading, strike ‘‘PA12 PERWORK’’; 

13 (B) by inserting ‘‘, subject to paragraphs 

14 (10) through (12),’’ after ‘‘in an amount’’; 

15 (C) by striking ‘‘$100’’ and inserting 

16 ‘‘$1,000’’; 

17 (D) by striking ‘‘$1,000’’ and inserting 

18 ‘‘$25,000’’; 

19 (E) by adding at the end the following: 

20 ‘‘Failure by a person or entity to utilize the em21 ployment eligibility verification system as re22 quired by law, or providing information to the 

23 system that the person or entity knows or rea24 sonably believes to be false, shall be treated as 

25 a violation of subsection (a)(1)(A).’’; 


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1 (4) by adding at the end of subsection (e) the 

2 following: 

3 ‘‘(10) EXEMPTION FROM PENALTY FOR GOOD

4 FAITH VIOLATION.—In the case of imposition of a 

5 civil penalty under paragraph (4)(A) with respect to 

6 a violation of subsection (a)(1)(A) or (a)(2) for hir7 ing or continuation of employment or recruitment or 

8 referral by person or entity and in the case of impo9 sition of a civil penalty under paragraph (5) for a 

10 violation of subsection (a)(1)(B) for hiring or re11 cruitment or referral by a person or entity, the pen12 alty otherwise imposed may be waived or reduced if 

13 the violator establishes that the violator acted in 

14 good faith. 

15 ‘‘(11) AUTHORITY TO DEBAR EMPLOYERS FOR

16 CERTAIN VIOLATIONS.— 

17 ‘‘(A) IN GENERAL.—If a person or entity 

18 is determined by the Secretary of Homeland Se19 curity to be a repeat violator of paragraph 

20 (1)(A) or (2) of subsection (a), or is convicted 

21 of a crime under this section, such person or 

22 entity may be considered for debarment from 

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1 ment procedures set forth in the Federal Acqui2 sition Regulation. 

3 ‘‘(B) DOES NOT HAVE CONTRACT, GRANT, 

4 AGREEMENT.—If the Secretary of Homeland 

5 Security or the Attorney General wishes to have 

6 a person or entity considered for debarment in 

7 accordance with this paragraph, and such an 

8 person or entity does not hold a Federal con9 tract, grant or cooperative agreement, the Sec10 retary or Attorney General shall refer the mat11 ter to the Administrator of General Services to 

12 determine whether to list the person or entity 

13 on the List of Parties Excluded from Federal 

14 Procurement, and if so, for what duration and 

15 under what scope. 

16 ‘‘(C) HAS CONTRACT, GRANT, AGREE17 MENT.—If the Secretary of Homeland Security 

18 or the Attorney General wishes to have a per19 son or entity considered for debarment in ac20 cordance with this paragraph, and such person 

21 or entity holds a Federal contract, grant or co22 operative agreement, the Secretary or Attorney 

23 General shall advise all agencies or departments 

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1 ment’s interest in having the person or entity 

2 considered for debarment, and after soliciting 

3 and considering the views of all such agencies 

4 and departments, the Secretary or Attorney 

5 General may refer the matter to any appro6 priate lead agency to determine whether to list 

7 the person or entity on the List of Parties Ex8 cluded from Federal Procurement, and if so, for 

9 what duration and under what scope. 

10 ‘‘(D) REVIEW.—Any decision to debar a 

11 person or entity in accordance with this para12 graph shall be reviewable pursuant to part 9.4 

13 of the Federal Acquisition Regulation. 

14 ‘‘(12) OFFICE FOR STATE AND LOCAL GOVERN15 MENT COMPLAINTS.—The Secretary of Homeland 

16 Security shall establish an office— 

17 ‘‘(A) to which State and local government 

18 agencies may submit information indicating po19 tential violations of subsection (a), (b), or 

20 (g)(1) that were generated in the normal course 

21 of law enforcement or the normal course of 

22 other official activities in the State or locality; 

23 ‘‘(B) that is required to indicate to the 

24 complaining State or local agency within 5 busi25 ness days of the filing of such a complaint by 


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1 identifying whether the Secretary will further 

2 investigate the information provided; 

3 ‘‘(C) that is required to investigate those 

4 complaints filed by State or local government 

5 agencies that, on their face, have a substantial 

6 probability of validity; 

7 ‘‘(D) that is required to notify the com8 plaining State or local agency of the results of 

9 any such investigation conducted; and 

10 ‘‘(E) that is required to report to the Con11 gress annually the number of complaints re12 ceived under this paragraph, the States and lo13 calities that filed such complaints, and the reso14 lution of the complaints investigated by the Sec15 retary.’’; and 

16 (5) by amending paragraph (1) of subsection (f) 

17 to read as follows: 

18 ‘‘(1) CRIMINAL PENALTY.—Any person or enti19 ty which engages in a pattern or practice of viola20 tions of subsection (a) (1) or (2) shall be fined not 

21 more than $15,000 for each unauthorized alien with 

22 respect to which such a violation occurs, imprisoned 

23 for not less than one year and not more than 10 

24 years, or both, notwithstanding the provisions of any 

25 other Federal law relating to fine levels.’’. 


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1 TITLE II—CRIME PREVENTION 

2 AND PENALTIES 

3 SEC. 201. ESTABLISHMENT OF ELECTRONIC BIRTH AND 

4 DEATH REGISTRATION SYSTEMS. 

5 In consultation with the Secretary of Health and 

6 Human Services and the Commissioner of Social Security, 

7 the Secretary of Homeland Security shall take the fol8 lowing actions: 

9 (1) Work with the States to establish a common 

10 data set and common data exchange protocol for 

11 electronic birth registration systems and death reg12 istration systems. 

13 (2) Coordinate requirements for such systems 

14 to align with a national model. 

15 (3) Ensure that fraud prevention is built into 

16 the design of electronic vital registration systems in 

17 the collection of vital event data, the issuance of 

18 birth certificates, and the exchange of data among 

19 government agencies. 

20 (4) Ensure that electronic systems for issuing 

21 birth certificates, in the form of printed abstracts of 

22 birth records or digitized images, employ a common 

23 format of the certified copy, so that those requiring 

24 such documents can quickly confirm their validity. 


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1 (5) Establish uniform field requirements for 

2 State birth registries. 

3 (6) Not later than 1 year after the date of the 

4 enactment of this Act, establish a process with the 

5 Department of Defense that will result in the shar6 ing of data, with the States and the Social Security 

7 Administration, regarding deaths of United States 

8 military personnel and the birth and death of their 

9 dependents. 

10 (7) Not later than 1 year after the date of the 

11 enactment of this Act, establish a process with the 

12 Department of State to improve registration, notifi13 cation, and the sharing of data with the States and 

14 the Social Security Administration, regarding births 

15 and deaths of United States citizens abroad. 

16 (8) Not later than 3 years after the date of es17 tablishment of databases provided for under this sec18 tion, require States to record and retain electronic 

19 records of pertinent identification information col20 lected from requestors who are not the registrants. 

21 (9) Not later than 6 months after the date of 

22 the enactment of this Act, submit to Congress a re23 port on whether there is a need for Federal laws to 

24 address penalties for fraud and misuse of vital 


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1 records and whether violations are sufficiently en2 forced. 

3 SEC. 202. ENHANCED PENALTIES FOR DOCUMENT FRAUD. 

4 Section 1028(b)(3) of title 18, United States Code, 

5 is amended— 

6 (1) in subparagraph (B), by striking ‘‘or’’ at 

7 the end; 

8 (2) by redesignating subparagraph (C) as sub9 paragraph (D); and 

10 (3) by inserting after subparagraph (B) the fol11 lowing: 

12 ‘‘(C) to facilitate illegal immigration or 

13 human smuggling; or’’. 

14 SEC. 203. ALIEN SMUGGLING AND TERRORISM PREVEN15 TION. 

16 (a) CHECKS AGAINST TERRORIST WATCHLIST.—The 

17 Secretary of Homeland Security shall, to the extent prac18 ticable, check against all available terrorist watchlists 

19 those persons suspected of alien smuggling and smuggled 

20 individuals who are interdicted at the land, air, and sea 

21 borders of the United States. 

22 (b) STRENGTHENING PROSECUTION AND PUNISH23 MENT OF ALIEN SMUGGLERS.—Section 274(a) of the Im24 migration and Nationality Act (8 U.S.C. 1324(a)) is 

25 amended— 


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1 (1) by amending the subsection heading to read 

2 as follows: ‘‘BRINGING IN, HARBORING, AND SMUG3 GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 

4 (2) by amending paragraphs (1) through (2) to 

5 read as follows: 

6 ‘‘(1)(A) Whoever, knowing or in reckless disregard of 

7 the fact that an individual is an alien who lacks lawful 

8 authority to come to, enter, or reside in the United States, 

9 knowingly— 

10 ‘‘(i) brings that individual to the United States 

11 in any manner whatsoever regardless of any future 

12 official action which may be taken with respect to 

13 such individual; 

14 ‘‘(ii) recruits, encourages, or induces that indi15 vidual to come to, enter, or reside in the United 

16 States; 

17 ‘‘(iii) transports or moves that individual in the 

18 United States, in furtherance of their unlawful pres19 ence; or 

20 ‘‘(iv) harbors, conceals, or shields from detec21 tion the individual in any place in the United States, 

22 including any building or any means of transpor23 tation; 

24 or attempts or conspires to do so, shall be punished as 

25 provided in subparagraph (C). 


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1 ‘‘(B) Whoever, knowing that an individual is an alien, 

2 brings that individual to the United States in any manner 

3 whatsoever at a place, other than a designated port of 

4 entry or place designated by the Secretary of Homeland 

5 Security, regardless of whether such individual has re6 ceived prior official authorization to come to, enter, or re7 side in the United States and regardless of any future offi8 cial action which may be taken with respect to such indi9 vidual, or attempts or conspires to do so, shall be punished 

10 as provided in subparagraph (C). 

11 ‘‘(C) Whoever commits an offense under this para12 graph shall, for each individual in respect to whom such 

13 a violation occurs— 

14 ‘‘(i) if the offense results in the death of any 

15 person, be fined under title 18, United States Code, 

16 and subject to the penalty of death or imprisonment 

17 for any term of years or for life; 

18 ‘‘(ii) if the offense involves kidnapping, an at19 tempt to kidnap, the conduct required for aggra20 vated sexual abuse (as defined in section 2241 of 

21 title 18, United States Code, without regard to 

22 where it takes place), or an attempt to commit such 

23 abuse, or an attempt to kill, be fined under title 18, 

24 United States Code, or imprisoned for any term of 

25 years or life, or both; 


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1 ‘‘(iii) if the offense involves an individual who 

2 the defendant knew was engaged in or intended to 

3 engage in terrorist activity (as defined in section 

4 212(a)(3)(B)), be fined under title 18, United States 

5 Code, or imprisoned not more than 30 years, or 

6 both; 

7 ‘‘(iv) if the offense results in serious bodily in8 jury (as defined in section 1365 of title 18, United 

9 States Code) or places in jeopardy the life of any 

10 person, be fined under title 18, United States Code, 

11 or imprisoned not more than 20 years, or both; 

12 ‘‘(v) if the offense is a violation of paragraph 

13 (1)(A)(i) and was committed for the purpose of prof14 it, commercial advantage, or private financial gain, 

15 or if the offense was committed with the intent or 

16 reason to believe that the individual unlawfully 

17 brought into the United States will commit an of18 fense against the United States or any State that is 

19 punishable by imprisonment for more than 1 year, 

20 be fined under title 18, United States Code, and im21 prisoned, in the case of a first or second violation, 

22 not less than 3 nor more than 10 years, and for any 

23 other violation, not less than 5 nor more than 15 

24 years; 


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1 ‘‘(vi) if the offense is a violation of paragraphs 

2 (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and 

3 was committed for the purpose of profit, commercial 

4 advantage, or private financial gain, be fined under 

5 title 18, United States Code, or imprisoned not more 

6 than 10 years, or both; 

7 ‘‘(vii) if the offense involves the transit of the 

8 defendant’s spouse, child, sibling, parent, grand9 parent, or niece or nephew, and the offense is not 

10 described in any of clauses (i) through (vi), be fined 

11 under title 18, United States Code, or imprisoned 

12 not more than 1 year, or both; and 

13 ‘‘(viii) in any other case, be fined under title 

14 18, United States Code, or imprisoned not more 

15 than 5 years, or both. 

16 ‘‘(2)(A) There is extraterritorial jurisdiction over the 

17 offenses described in paragraph (1). 

18 ‘‘(B) In a prosecution for a violation of, or an attempt 

19 or conspiracy to violate, subsection (a)(1)(A)(i), 

20 (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, 

21 no defense based on necessity can be raised unless the de22 fendant— 

23 ‘‘(i) as soon as practicable, reported to the 

24 Coast Guard the circumstances of the necessity, and 

25 if a rescue is claimed, the name, description, registry 


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1 number, and location of the vessel engaging in the 

2 rescue; and 

3 ‘‘(ii) did not bring, attempt to bring, or in any 

4 manner intentionally facilitate the entry of any alien 

5 into the land territory of the United States without 

6 lawful authority, unless exigent circumstances ex7 isted that placed the life of that alien in danger, in 

8 which case the reporting requirement set forth in 

9 clause (i) is satisfied by notifying the Coast Guard 

10 as soon as practicable after delivering the alien to 

11 emergency medical or law enforcement personnel 

12 ashore. 

13 ‘‘(C) It is not a violation of, or an attempt or con14 spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 

15 or paragraph (1)(A)(ii) (except if a person recruits, en16 courages, or induces an alien to come to or enter the 

17 United States), for a religious denomination having a bona 

18 fide nonprofit, religious organization in the United States, 

19 or the agents or officer of such denomination or organiza20 tion, to encourage, invite, call, allow, or enable an alien 

21 who is present in the United States to perform the voca22 tion of a minister or missionary for the denomination or 

23 organization in the United States as a volunteer who is 

24 not compensated as an employee, notwithstanding the pro25 vision of room, board, travel, medical assistance, and other 


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1 basic living expenses, provided the minister or missionary 

2 has been a member of the denomination for at least one 

3 year. 

4 ‘‘(D) For purposes of this paragraph and paragraph 

5 (1)— 

6 ‘‘(i) the term ‘United States’ means the several 

7 States, the District of Columbia, the Commonwealth 

8 of Puerto Rico, Guam, American Samoa, the United 

9 States Virgin Islands, the Commonwealth of the 

10 Northern Mariana Islands, and any other territory 

11 or possession of the United States; and 

12 ‘‘(ii) the term ‘lawful authority’ means permis13 sion, authorization, or waiver that is expressly pro14 vided for in the immigration laws of the United 

15 States or the regulations prescribed under those 

16 laws and does not include any such authority se17 cured by fraud or otherwise obtained in violation of 

18 law or authority that has been sought but not ap19 proved.’’. 

20 (c) MARITIME LAW ENFORCEMENT.— 

21 (1) PENALTIES.—Subsection (b) of section 

22 2237 of title 18, United States Code, is amended to 

23 read as follows: 

24 ‘‘(b) Whoever intentionally violates this section 

25 shall— 


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1 ‘‘(1) if the offense results in death or involves 

2 kidnapping, an attempt to kidnap, the conduct re3 quired for aggravated sexual abuse (as defined in 

4 section 2241 without regard to where it takes place), 

5 or an attempt to commit such abuse, or an attempt 

6 to kill, be fined under such title or imprisoned for 

7 any term of years or life, or both; 

8 ‘‘(2) if the offense results in serious bodily in9 jury (as defined in section 1365 of this title) or 

10 transportation under inhumane conditions, be fined 

11 under this title, imprisoned not more than 15 years, 

12 or both; 

13 ‘‘(3) if the offense is committed in the course 

14 of a violation of section 274 of the Immigration and 

15 Nationality Act (alien smuggling); chapter 77 (peon16 age, slavery, and trafficking in persons), section 111 

17 (shipping), 111A (interference with vessels), 113 

18 (stolen property), or 117 (transportation for illegal 

19 sexual activity) of this title; chapter 705 (maritime 

20 drug law enforcement) of title 46, or title II of the 

21 Act of June 15, 1917 (chapter 30; 40 Stat. 220), be 

22 fined under this title or imprisoned for not more 

23 than 10 years, or both; and 

24 ‘‘(4) in any other case, be fined under this title 

25 or imprisoned for not more than 5 years, or both.’’. 


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1 (2) LIMITATION ON NECESSITY DEFENSE.— 

2 Section 2237(c) of title 18, United States Code, is 

3 amended— 

4 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

5 (B) by adding at the end the following: 

6 ‘‘(2) In a prosecution for a violation of this section, 

7 no defense based on necessity can be raised unless the de8 fendant— 

9 ‘‘(A) as soon as practicable upon reaching 

10 shore, delivered the person with respect to which the 

11 necessity arose to emergency medical or law enforce12 ment personnel; 

13 ‘‘(B) as soon as practicable, reported to the 

14 Coast Guard the circumstances of the necessity re15 sulting giving rise to the defense; and 

16 ‘‘(C) did not bring, attempt to bring, or in any 

17 manner intentionally facilitate the entry of any alien, 

18 as that term is defined in section 101(a)(3) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1101(a)(3)), into the land territory of the United 

21 States without lawful authority, unless exigent cir22 cumstances existed that placed the life of that alien 

23 in danger, in which case the reporting requirement 

24 of subparagraph (B) is satisfied by notifying the 

25 Coast Guard as soon as practicable after delivering 


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1 that person to emergency medical or law enforce2 ment personnel ashore.’’. 

3 (3) DEFINITION.—Section 2237(e) of title 18, 

4 United States Code, is amended— 

5 (A) by striking ‘‘and’’ at the end of para6 graph (3); 

7 (B) by striking the period at the end of 

8 paragraph (4) and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(5) the term ‘transportation under inhumane 

11 conditions’ means the transportation of persons in 

12 an engine compartment, storage compartment, or 

13 other confined space, transportation at an excessive 

14 speed, transportation of a number of persons in ex15 cess of the rated capacity of the means of transpor16 tation, or intentionally grounding a vessel in which 

17 persons are being transported.’’. 

18 (d) AMENDMENT TO THE SENTENCING GUIDE19 LINES.— 

20 (1) IN GENERAL.—Pursuant to its authority 

21 under section 994 of title 28, United States Code, 

22 and in accordance with this section, the United 

23 States Sentencing Commission shall review and, if 

24 appropriate, amend the sentencing guidelines and 

25 policy statements applicable to persons convicted of 


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1 alien smuggling offenses and criminal failure to 

2 heave to or obstruction of boarding. 

3 (2) CONSIDERATIONS.—In carrying out this 

4 section, the Sentencing Commission, shall— 

5 (A) consider providing sentencing enhance6 ments or stiffening existing enhancements for 

7 those convicted of offenses described in sub8 section (a) that— 

9 (i) involve a pattern of continued and 

10 flagrant violations; 

11 (ii) are part of an ongoing commercial 

12 organization or enterprise; 

13 (iii) involve aliens who were trans14 ported in groups of ten or more; 

15 (iv) involve the transportation or 

16 abandonment of aliens in a manner that 

17 endangered their lives; or 

18 (v) involve the facilitation of terrorist 

19 activity; and 

20 (B) consider cross-references to the guide21 lines for Criminal Sexual Abuse and Attempted 

22 Murder. 

23 (3) EXPEDITED PROCEDURES.—The Commis24 sion may promulgate the guidelines or amendments 

25 under this section in accordance with the procedures 


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1 set forth in section 21(a) of the Sentencing Act of 

2 1987, as though the authority under that Act had 

3 not expired. 

4 SEC. 204. ELIGIBILITY FOR STATE CRIMINAL ALIEN ASSIST5 ANCE PROGRAM FUNDING. 

6 (a) IN GENERAL.—The Attorney General shall— 

7 (1) determine annually which State or local ju8 risdictions are not in compliance with section 642 of 

9 the Illegal Immigration Reform and Immigrant Re10 sponsibility Act (Public Law 104–208) and shall re11 port such determinations to Congress on March 1 of 

12 each year; and 

13 (2) issue a report concerning the compliance of 

14 any particular State or local jurisdiction at the re15 quest of any Member of Congress. 

16 (b) INCARCERATION.—Section 241(i) of the Immigra17 tion and Nationality Act (8 U.S.C. 1231(i)) is amended 

18 by adding at the end the following: 

19 ‘‘(7) A State (or a political subdivision of a 

20 State) shall not be eligible to enter into a contrac21 tual arrangement under paragraph (1) if the State 

22 (or political subdivision) has been determined by the 

23 Attorney General to be out of compliance with sec24 tion 642 of the Illegal Immigration Reform and Im25 migrant Responsibility Act (Public Law 104–208). 


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1 Such State (or political subdivision) shall remain in2 eligible until the Attorney General determines that 

3 the State (or political subdivision) has come into 

4 compliance.’’. 

5 SEC. 205. ICE IMMIGRATION ENFORCEMENT AGENTS. 

6 (a) IN GENERAL.—The Secretary shall authorize all 

7 immigration enforcement agents and deportation officers 

8 of Immigration and Customs Enforcement who have suc9 cessfully completed basic immigration law enforcement 

10 training to exercise the powers conferred by— 

11 (1) section 287(a)(5)(A) of the Immigration 

12 and Nationality Act to arrest for any offense against 

13 the United States; 

14 (2) section 287(a)(5)(B) of the Immigration 

15 and Nationality Act to arrest for any felony; 

16 (3) section 274(a) of the Immigration and Na17 tionality Act to arrest for bringing in, transporting, 

18 or harboring certain aliens, or inducing them to 

19 enter; 

20 (4) section 287(a) of the Immigration and Na21 tionality Act to execute warrants of arrest for ad22 ministrative immigration violations issued under sec23 tion 236 of the Act or to execute warrants of crimi24 nal arrest issued under the authority of the United 

25 States; and 


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1 (5) section 287(a) of the Act to carry firearms, 

2 provided that they are individually qualified by 

3 training and experience to handle and safely operate 

4 the firearms they are permitted to carry, maintain 

5 proficiency in the use of such firearms, and adhere 

6 to the provisions of the enforcement standard gov7 erning the use of force. 

8 (b) PAY.—Immigration enforcement agents shall be 

9 paid on the same scale as Immigration and Customs En10 forcement deportation officers and shall receive the same 

11 benefits. 

12 SEC. 206. ICE DETENTION ENFORCEMENT OFFICERS. 

13 (a) AUTHORIZATION.—The Secretary is authorized to 

14 hire 2,500 Immigration and Customs Enforcement deten15 tion enforcement officers. 

16 (b) DUTIES.—Detention enforcement officers who 

17 have successfully completed detention enforcement offi18 cers’ basic training shall be responsible for— 

19 (1) taking and maintaining custody of any per20 son who has been arrested by an immigration offi21 cer; 

22 (2) transporting and guarding immigration de23 tainees; 

24 (3) securing ICE detention facilities; and 

25 (4) assisting in the processing of detainees. 


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1 SEC. 207. ADDITIONAL ICE DEPORTATION OFFICERS AND 

2 SUPPORT STAFF. 

3 (a) IN GENERAL.—The Secretary shall, subject to the 

4 availability of appropriations for such purpose, increase 

5 the number of positions for full-time active-duty Immigra6 tion and Customs Enforcement deportation officers by 

7 5,000 above the number of full-time positions for which 

8 funds were appropriated for fiscal year 2013. 

9 (b) SUPPORT STAFF.—The Secretary shall, subject 

10 to the availability of appropriations for such purpose, in11 crease the number of positions for full-time support staff 

12 for Immigration and Customs Enforcement deportation 

13 officers by 700 above the number of full-time positions for 

14 which funds were appropriated for fiscal year 2013. 

15 SEC. 208. ASSISTING GANG AND DRUG TASK FORCES. 

16 The Secretary shall assign at least one Immigration 

17 and Customs Enforcement deportation officer or immigra18 tion enforcement agent to serve as a member of any State 

19 or local gang or drug task force— 

20 (1) if the task force requests such assistance in 

21 writing to an ICE field office; and 

22 (2) for as long as the task force remains active 

23 and wants such assistance. 

24 SEC. 209. PROTECTING COMMUNITIES. 

25 (a) PRISONS AND JAILS.—The Secretary shall assign 

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1 ficer or immigration enforcement agent to every Federal, 

2 State, and County prison or jail facility. 

3 (b) DETAINERS.—Immigration and Customs En4 forcement deportation officers and immigration enforce5 ment agents assigned to a prison or jail facility are re6 quired to place a detainer on every alien they determine 

7 is unlawfully present in the United States. 

8 SEC. 210. PROTECTING PUBLIC SAFETY AND REMOVING 

9 CRIMINAL ALIENS. 

10 (a) NOTICES TO APPEAR.—Notwithstanding any 

11 other provision of law, immigration officers who encoun12 ter, under any circumstances, an alien listed in subsection 

13 (b) of this section are required to process such aliens and 

14 refer them for removal proceedings by issuing a Notice 

15 to Appear. 

16 (b) ALIENS COVERED.—Aliens covered by subsection 

17 (a) of this section include any alien who is unlawfully 

18 present in the United States, whether such alien entered 

19 without inspection or violated the terms of admission, and 

20 who: 

21 (1) Has been convicted of any felony; 

22 (2) Has been convicted of any two or more mis23 demeanors; 

24 (3) Has been convicted of a crime involving 

25 moral turpitude; 


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1 (4) Has been convicted of any felony or mis2 demeanor involving the operation of a vehicle while 

3 under the influence of alcohol or drugs; 

4 (5) Has been convicted of any felony or mis5 demeanor involving domestic violence, sexual assault, 

6 or sexual abuse of a child; 

7 (6) Has a known or suspected gang affiliation; 

8 (7) Assaults any law enforcement officer; or 

9 (8) Poses a risk to public safety or national se10 curity. 

11 SEC. 211. PILOT PROGRAM FOR ELECTRONIC FIELD PROC12 ESSING. 

13 (a) IN GENERAL.—The Secretary shall establish a 

14 pilot program in at least five of the 10 Immigration and 

15 Customs Enforcement field offices with the largest re16 moval caseloads to allow Immigration and Customs depor17 tation officers and immigration enforcement agents to— 

18 (1) electronically process and serve charging 

19 documents, including Notices to Appear, while in the 

20 field; and 

21 (2) electronically process and place detainers 

22 while in the field. 

23 (b) DUTIES.—The pilot program described in sub24 section (a) shall be designed to allow deportation officers 


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1 and immigration enforcement agents to use handheld or 

2 vehicle-mounted computers to— 

3 (1) enter any required data, including personal 

4 information about the alien subject and the reason 

5 for issuing the document; 

6 (2) apply the electronic signature of the issuing 

7 officer or agent; 

8 (3) set the date the alien is required to appear 

9 before an immigration judge, in the case of Notices 

10 to Appear; 

11 (4) print any documents the alien subject may 

12 be required to sign, along with additional copies of 

13 documents to be served on the alien; and 

14 (5) interface with the ENFORCE database so 

15 that all data is stored and retrievable. 

16 (c) CONSTRUCTION.—The pilot program described in 

17 subsection (a) shall be designed to replace, to the extent 

18 possible, the current paperwork and data-entry process 

19 used for issuing such charging documents and detainers. 

20 (d) DEADLINE.—The Secretary shall initiate the pilot 

21 program described in subsection (a) within 6 months of 

22 the date of enactment of this Act. 

23 (e) REPORT.—The Government Accountability Office 

24 shall report to the Judiciary Committee of the Senate and 

25 the House of Representatives no later than 18 months 


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1 after the date of enactment of this Act on the effectiveness 

2 of the pilot program and provide recommendations for im3 proving it. 

4 (f) ADVISORY COUNCIL.—The ICE Advisory Council 

5 established by section 217 of this Act shall include an rec6 ommendations on how the pilot program should work in 

7 the first quarterly report of the Council, and shall include 

8 assessments of the program and recommendations for im9 provement in each subsequent report. 

10 SEC. 212. RESTRICTING VISAS FOR COUNTRIES THAT 

11 REFUSE TO REPATRIATE THEIR NATIONALS. 

12 (a) PENALTIES RELATED TO REMOVAL.—Section 

13 243 of the Immigration and Nationality Act (8 U.S.C. 

14 1253) is amended by striking subsection (d). 

15 (b) COUNTRIES TO WHICH ALIENS MAY BE RE16 MOVED.—Section 241(b) of the Immigration and Nation17 ality Act (8 U.S.C. 1231(b)) is amended by adding at the 

18 end the following: 

19 ‘‘(4) DISCONTINUING GRANTING CERTAIN VISAS

20 AND DENYING ADMISSION TO NATIONALS OF COUN21 TRY DENYING OR DELAYING ACCEPTING ALIENS.— 

22 ‘‘(A) DISCONTINUING GRANTING VISAS.— 

23 Except as provided under subparagraph (C), if 

24 a country is listed in the most recent quarterly 

25 report submitted by the Secretary of Homeland 


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1 Security to the Congress under subparagraph 

2 (E), the Secretary of State may not issue a 

3 nonimmigrant visa pursuant to section 

4 101(a)(15) to a citizen, subject, national, or 

5 resident of such country until— 

6 ‘‘(i) the Secretary of Homeland Secu7 rity notifies the Secretary of State that the 

8 country should no longer be so listed; or 

9 ‘‘(ii) each alien listed in the report 

10 with respect to such country has otherwise 

11 been removed from the United States. 

12 ‘‘(B) DENYING ADMISSION TO NATIONALS

13 AND FOREIGN GOVERNMENT OFFICIALS.—Ex14 cept as provided under subparagraph (C), if a 

15 country is listed in the most recent quarterly 

16 report submitted by the Secretary of Homeland 

17 Security to the Congress under subparagraph 

18 (E), the Secretary of Homeland Security, in 

19 consultation with the Secretary of State, shall 

20 deny admission to any citizen, subject, national, 

21 or resident of that country who has received a 

22 nonimmigrant visa pursuant to section 

23 101(a)(15). 

24 ‘‘(C) EXCEPTION.—Subparagraphs (A) 

25 and (B) do not apply if the Secretary of State 


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1 determines that the life or freedom of the visa 

2 applicant or individual seeking admission would 

3 be threatened in the country listed under sub4 paragraph (E). 

5 ‘‘(D) EFFECT OF UNAUTHORIZED

6 ISSUANCE.—Any visa issued in violation of this 

7 paragraph shall be null and void. 

8 ‘‘(E) QUARTERLY REPORTS.—Not later 

9 than 90 days after the date of the enactment of 

10 this Act, and every 3 months thereafter, the 

11 Secretary of Homeland Security shall submit a 

12 report to the Congress that— 

13 ‘‘(i) lists all the countries that deny or 

14 unreasonably delay the acceptance of at 

15 least 10 percent of the total number of 

16 aliens who— 

17 ‘‘(I) are physically present in the 

18 United States; 

19 ‘‘(II) are a citizen, subject, na20 tional, or resident of such country; 

21 and 

22 ‘‘(III) have received a final order 

23 of removal; and 


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1 ‘‘(ii) includes the total number of 

2 aliens described under clause (i), organized 

3 by— 

4 ‘‘(I) name; 

5 ‘‘(II) country; 

6 ‘‘(III) detention status; and 

7 ‘‘(IV) criminal status. 

8 ‘‘(F) COMPLIANCE WITH REPATRIATION.— 

9 If the Secretary of Homeland Security deter10 mines that a country listed in the quarterly re11 port under subparagraph (E) has accepted each 

12 alien listed with respect to that country under 

13 subparagraph (E)(ii), the country shall be re14 moved from the list in the next quarterly report 

15 submitted under subparagraph (E) and shall 

16 not be subject to the sanctions described in this 

17 paragraph, unless subparagraph (E) applies to 

18 such country with respect to another alien. 

19 ‘‘(G) DENIES OR UNREASONABLY

20 DELAYS.— 

21 ‘‘(i) IN GENERAL.—Except as pro22 vided under clause (ii), in this paragraph, 

23 a country ‘denies or unreasonably delays’ 

24 the acceptance of an alien who is a citizen, 

25 subject, national, or resident of the country 


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1 if the country does not accept the alien 

2 within the removal period. 

3 ‘‘(ii) ALIEN THAT MAY NOT BE RE4 MOVED.—For purposes of clause (i), a 

5 country does not deny or unreasonably 

6 delay the acceptance of an alien who is a 

7 citizen, subject, national, or resident of the 

8 country if such alien may not be removed 

9 pursuant to this section.’’. 

10 SEC. 213. ADDITIONAL ICE DETENTION SPACE. 

11 (a) IN GENERAL.—The Secretary of Homeland Secu12 rity shall make arrangements for the availability of 10,000 

13 additional beds for detaining aliens taken into custody by 

14 immigration officials. 

15 (b) IMPLEMENTATION.—Efforts shall be made to— 

16 (1) contract private facilities whenever possible 

17 to promote efficient use and to limit the Federal 

18 Government’s maintenance of and liability for addi19 tional infrastructure; 

20 (2) utilize State and local facilities for the pro21 vision of additional beds; and 

22 (3) utilize BRAC facilities or active duty facili23 ties. 


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1 (c) CONSTRUCTION.—The Department of Homeland 

2 Security shall construct facilities as necessary to meet the 

3 remainder of the 10,000 new beds to be provided. 

4 SEC. 214. ADDITIONAL IMMIGRATION JUDGESHIPS AND 

5 LAW CLERKS. 

6 (a) JUDGESHIPS.—The Attorney General shall create 

7 and fill twenty additional Immigration Judgeships within 

8 6 months after the date of enactment of this Act. 

9 (b) CLERKSHIPS.—The Attorney General shall also 

10 ensure that for every 2 Immigration Judges there shall 

11 be no fewer than one law clerk dedicated to assisting Im12 migration Judges. 

13 SEC. 215. ADDITIONAL ICE PROSECUTORS. 

14 The Secretary shall increase by sixty the number of 

15 full-time trial attorneys working for the Immigration and 

16 Customs Enforcement Office of the Principal Legal Advi17 sor. 

18 SEC. 216. ENSURING THE SAFETY OF ICE OFFICERS AND 

19 AGENTS. 

20 (a) BODY ARMOR.—The Secretary shall ensure that 

21 every Immigration and Customs Enforcement deportation 

22 officer and immigration enforcement agent on duty is 

23 issued high-quality body armor that is appropriate for the 

24 climate and risks faced by the agent. Enough body armor 

25 must be purchased to cover every agent in the field. 


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1 (b) WEAPONS.—The Secretary shall ensure that Im2 migration and Customs Enforcement deportation officers 

3 and immigration enforcement agents are equipped with 

4 weapons that are reliable and effective to protect them5 selves, their fellow agents, and innocent third parties from 

6 the threats posed by armed criminals. Such weapons shall 

7 include, at a minimum, standard-issue handguns, M–4 (or 

8 equivalent) rifles, and Tasers. 

9 SEC. 217. ICE ADVISORY COUNCIL. 

10 (a) ESTABLISHMENT.—An ICE Advisory Council 

11 shall be established within 3 months of enactment of this 

12 Act. 

13 (b) MEMBERSHIP.—The ICE Advisor Council shall 

14 be comprised of seven members. 

15 (1) Members are to be appointed in the fol16 lowing manner: 

17 (A) One member shall be appointed by the 

18 President; 

19 (B) One member shall be appointed by the 

20 Chairman of the Judiciary Committee of the 

21 House of Representatives; 

22 (C) One member shall be appointed by the 

23 Chairman of the Judiciary Committee of the 

24 Senate; 


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1 (D) One member shall be appointed by the 

2 Local 511, the ICE prosecutor’s union; and 

3 (E) Three members shall be appointed by 

4 the National Immigration and Customs En5 forcement Council. 

6 (2) Members shall serve renewable, 2-year 

7 terms. 

8 (3) Membership shall be voluntary and non-re9 munerated, except that members will receive reim10 bursement from ICE for travel and other related ex11 penses. 

12 (4) Members who are employed by ICE shall be 

13 protected from retaliation by their supervisors, man14 agers, and other DHS employees for their participa15 tion on the Council. 

16 (c) PURPOSE.—The purpose of the Council is to ad17 vise the Congress and the Director of Immigration and 

18 Customs Enforcement on issues including the following: 

19 (1) The current status of ICE immigration en20 forcement efforts, including prosecutions and remov21 als, the effectiveness of such efforts, and how en22 forcement could be improved; 

23 (2) The effectiveness of cooperative efforts be24 tween ICE and other law enforcement agencies, in25 cluding additional types of enforcement activities 


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1 that ICE should be engaged in, such as State and 

2 local criminal task forces; 

3 (3) Personnel, equipment, and other resource 

4 needs of ICE field personnel; 

5 (4) Improvements that should be made to ICE’s 

6 organizational structure, including whether the posi7 tion of immigration enforcement agent should be 

8 merged into the deportation officer position; and 

9 (5) The effectiveness of specific enforcement 

10 policies and regulations promulgated by ICE Head11 quarters, and whether other enforcement priorities 

12 should be considered. 

13 (d) REPORTS.—The Council shall provide quarterly 

14 reports to the Chairmen and Ranking Members of the Ju15 diciary Committees of the Senate and the House of Rep16 resentatives and to the Director of Immigration and Cus17 toms Enforcement. The Council members shall meet di18 rectly with the Chairmen and Ranking Members (or their 

19 designated representatives) and with the Director to dis20 cuss their reports every 6 months. 


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1 TITLE III—GAINING OPER2 ATIONAL CONTROL OF AMER3 ICA’S BORDERS 

4 SEC. 301. AUTOMATED ENTRY-EXIT CONTROL SYSTEM. 

5 (a) SYSTEM.—Not later than 2 years after the date 

6 of the enactment of this Act, the Secretary shall develop 

7 the biometric automated entry and exit control system re8 quired by Sec. 110 of the Illegal Immigration Reform and 

9 Immigrant Responsibility Act of 1996 (Public Law 104– 

10 208), which was duly enacted by Congress and signed into 

11 law. 

12 (b) PILOT EXIT PROGRAMS.—Not later than 6 

13 months after the date of enactment of this Act, the Sec14 retary shall establish biometric exit pilot programs at a 

15 minimum of 10 land ports of entry, including at least two 

16 each in California, Arizona, New Mexico, and Texas, and 

17 at least two on the United States-Canada border. 

18 (c) PURPOSE.—Such pilot programs, at a minimum 

19 shall match all nonimmigrant visa holders who depart the 

20 United States through the pilot port with their initial 

21 entry into the United States and report whether they de22 parted within the terms of their visas. 

23 (d) DHS REPORT.—The Secretary shall report to 

24 Congress no later than one year after the date of enactVerDate Mar 15 2010 04:40 May 29, 2013 Jkt 029200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H2124.IH H2124

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1 ment of this Act, and every 6 months thereafter, on the 

2 effectiveness of the pilot programs, including— 

3 (1) what percentage of aliens leaving the United 

4 States through the pilot ports were tracked through 

5 the pilot; 

6 (2) what percentage of tracked aliens violated 

7 the duration of their visas; and 

8 (3) the rate of visa compliance by non9 immigrant visa type. 

10 (e) GAO REPORT.—The General Accountability Of11 fice shall report to Congress no later than one year after 

12 the date of enactment of this Act on the effectiveness of 

13 the pilot programs and recommendations for improving 

14 their effectiveness and expanding them nationwide. 

15 SEC. 302. MEASURING BORDER SECURITY. 

16 (a) IN GENERAL.—The Department of Homeland Se17 curity shall assess the effectiveness of border enforcement 

18 strategies and tools by using the metric of ‘‘operational 

19 control’’. 

20 (b) OPERATIONAL CONTROL DEFINED.—In this sec21 tion, the term ‘‘operational control’’ means the prevention 

22 of all unlawful entries into the United States, including 

23 entries by terrorists, other unlawful aliens, instruments of 

24 terrorism, narcotics, and other contraband. 


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1 (c) DHS REPORT.—Not later than 1 year after the 

2 date of the enactment of this Act and annually thereafter, 

3 the Secretary shall submit to Congress a report on the 

4 progress made toward achieving and maintaining oper5 ational control over the entire international land and mari6 time borders of the United States in accordance with this 

7 section. 

8 (d) GAO REPORT.—Not later than 1 year after the 

9 date of the enactment of this Act and annually thereafter, 

10 the General Accountability Office shall submit to Congress 

11 a report on the progress made toward achieving and main12 taining operational control over the entire international 

13 land and maritime borders of the United States in accord14 ance with this section. 

15 SEC. 303. NATIONAL STRATEGY TO ACHIEVE OPERATIONAL 

16 CONTROL OF AMERICA’S BORDERS. 

17 (a) REQUIREMENT FOR NATIONAL STRATEGY.—The 

18 Secretary, in consultation with the heads of other appro19 priate Federal agencies, shall develop a national strategy 

20 to secure the borders that describes actions to be carried 

21 out to achieve operational control over all ports of entry 

22 into the United States and the international land and mar23 itime borders of the United States by December 31, 2015. 

24 (b) CONTENT.—The national strategy to secure the 

25 borders shall include the following: 


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1 (1) An assessment of the threats posed by ter2 rorists and terrorist groups that may try to infiltrate 

3 the United States at locations along the inter4 national land and maritime borders of the United 

5 States. 

6 (2) A risk assessment for all United States 

7 ports of entry and all portions of the international 

8 land and maritime borders of the United States that 

9 includes a description of activities being under10 taken— 

11 (A) to prevent the entry of terrorists, other 

12 unlawful aliens, instruments of terrorism, nar13 cotics, and other contraband into the United 

14 States; and 

15 (B) to protect critical infrastructure at or 

16 near such ports of entry or borders. 

17 (3) An assessment of the most appropriate, 

18 practical, and cost-effective means of defending the 

19 international land and maritime borders of the 

20 United States against threats to security and illegal 

21 transit, including intelligence capacities, technology, 

22 equipment, personnel, and training needed to ad23 dress security vulnerabilities. 

24 (4) An assessment of staffing needs for all bor25 der security functions, taking into account threat 


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1 and vulnerability information pertaining to the bor2 ders and the impact of new security programs, poli3 cies, and technologies. 

4 (5) A description of the border security roles 

5 and missions of Federal Government, State govern6 ment, local government, and tribal authorities, and 

7 recommendations regarding actions the Secretary 

8 can carry out to improve coordination with such au9 thorities to enable border security and enforcement 

10 activities to be carried out in a more efficient and 

11 effective manner. 

12 (6) An assessment of existing efforts and tech13 nologies used for border security and the effect of 

14 the use of such efforts and technologies on the safe15 ty, civil rights, private property rights, privacy 

16 rights, and civil liberties, including the effects on 

17 Americans living in the border region and local, 

18 State, and Federal law enforcement officers working 

19 in the border region. 

20 (7) A prioritized list of research and develop21 ment objectives to enhance the security of the inter22 national land and maritime borders of the United 

23 States. 

24 (8) An assessment of additional detention facili25 ties and beds that are needed to detain unlawful 


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1 aliens apprehended at United States ports of entry 

2 or along the international land borders of the United 

3 States. 

4 (9) A schedule for the implementation of the se5 curity measures described in said strategy, including 

6 a prioritization of security measures, realistic dead7 lines for addressing the security and enforcement 

8 needs, an estimate of the resources needed to carry 

9 out such measures, and a description of how such 

10 resources should be allocated. 

11 (c) CONSULTATION.—In developing the national 

12 strategy for border security, the Secretary shall consult 

13 with representatives of— 

14 (1) State, local, and tribal governmental au15 thorities with responsibility for locations along the 

16 international land and maritime borders of the 

17 United States; and 

18 (2) appropriate private sector entities, non19 governmental organizations, and affected commu20 nities that have expertise in areas related to border 

21 security. 

22 (d) COORDINATION.—The national strategy for bor23 der security shall be consistent with the National Strategy 

24 for Maritime Security developed pursuant to Homeland 


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1 Security Presidential Directive 13, dated December 21, 

2 2004. 

3 (e) SUBMISSION TO CONGRESS.— 

4 (1) STRATEGY.—Not later than December 31, 

5 2013, the Secretary shall submit to Congress the na6 tional strategy to achieve operational control of U.S. 

7 borders. 

8 (2) UPDATES.—The Secretary shall submit to 

9 Congress any update of such strategy that the Sec10 retary determines is necessary, not later than 30 

11 days after such update is developed. 

12 (f) IMMEDIATE ACTION.—Nothing in this section 

13 may be construed to relieve the Secretary of the responsi14 bility to take all actions necessary and appropriate to 

15 achieve and maintain immediate operational control over 

16 the entire international land and maritime borders of the 

17 United States. 

18 SEC. 304. IMPROVING BORDER TECHNOLOGY. 

19 (a) EQUIPMENT SHARING BETWEEN DEPARTMENT

20 OF HOMELAND SECURITY AND DEPARTMENT OF DE21 FENSE.—The Secretaries of these 2 departments shall de22 velop and implement a plan to use authorities provided 

23 to the Secretary of Defense under chapter 18 of title 10, 

24 United States Code, to increase the availability and use 

25 of Department of Defense equipment, including unmanned 


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1 aerial vehicles, tethered aerostat radars, and other surveil2 lance equipment, to assist the Secretary in carrying out 

3 surveillance activities conducted at or near the inter4 national land borders of the United States to prevent ille5 gal immigration. 

6 (b) REPORT.—Not later than 6 months after the date 

7 of enactment of this Act (and then annually from that 

8 point), the Secretary and the Secretary of Defense shall 

9 submit to Congress a report that contains— 

10 (1) a description of the current use of Depart11 ment of Defense equipment to assist the Secretary 

12 in carrying out surveillance of the international land 

13 borders of the United States and assessment of the 

14 potential risks to citizens of the United States and 

15 key foreign policy interests associated with the use 

16 of such equipment; 

17 (2) the plan developed under subsection (a) to 

18 increase the use of Department of Defense equip19 ment to assist such surveillance activities; and 

20 (3) a description of the types of equipment and 

21 other support to be provided by the Secretary of De22 fense under such plan during the 1-year period be23 ginning on the date of the submission of the report. 

24 (c) SECURE COMMUNICATION.—The secretary shall, 

25 as expeditiously as practicable, develop and implement a 


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1 plan to improve the use of satellite communications and 

2 other technologies to ensure clear and secure 2-way com3 munication capabilities— 

4 (1) among all Border Patrol agents conducting 

5 operations between ports of entry; 

6 (2) between Border Patrol agents and their re7 spective Border Patrol stations; and 

8 (3) between all appropriate law enforcement 

9 agencies of the Department and State, local, and 

10 tribal law enforcement agencies. 

11 (d) OTHER TECHNOLOGY UPGRADES.—The Sec12 retary shall purchase and implement new technology to se13 cure the borders, including, but not limited to drones, in14 frared cameras, sensors, mobile lighting units, radar and 

15 infrared heat. 

16 SEC. 305. ENSURING THE SAFETY OF BORDER PATROL 

17 AGENTS. 

18 (a) BODY ARMOR.—The Secretary shall ensure that 

19 every agent on duty is issued high-quality body armor that 

20 is appropriate for the climate and risks faced by the agent. 

21 Enough body armor must be purchased to cover every 

22 agent in the field. 

23 (b) WEAPONS.—The Secretary shall ensure that 

24 agents are equipped with weapons, including long-guns, 

25 that are reliable and effective to protect themselves, their 


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1 fellow agents, and innocent third parties from the threats 

2 posed by armed criminals. The Secretary shall ensure that 

3 the policies of the Department authorize all agents to 

4 carry weapons that are suited to the potential threats that 

5 they face, and that all agents receive appropriate training 

6 in the use of such weapons. 

Æ 


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