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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2124 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2124

   To amend the Immigration and Nationality Act to improve worksite 
    enforcement, prevent crime, and gain operational control of the 
                    borders, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2013

Mr. Barrow of Georgia introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committees on 
 Homeland Security, Ways and Means, Armed Services, and Education and 
   the Workforce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
   To amend the Immigration and Nationality Act to improve worksite 
    enforcement, prevent crime, and gain operational control of the 
                    borders, and for other purposes.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Keeping the 
Promise of IRCA Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
                TITLE I--WORKSITE ENFORCEMENT THAT WORKS

Sec. 101. Employment eligibility verification process.
Sec. 102. Employment eligibility verification system.
Sec. 103. Recruitment, referral, and continuation of employment.
Sec. 104. Good faith defense.
Sec. 105. Repeal.
Sec. 106. Penalties.
                TITLE II--CRIME PREVENTION AND PENALTIES

Sec. 201. Establishment of electronic birth and death registration 
                            systems.
Sec. 202. Enhanced penalties for document fraud.
Sec. 203. Alien smuggling and terrorism prevention.
Sec. 204. Eligibility for State criminal alien assistance program 
                            funding.
Sec. 205. ICE immigration enforcement agents.
Sec. 206. ICE detention enforcement officers.
Sec. 207. Additional ICE deportation officers and support staff.
Sec. 208. Assisting gang and drug task forces.
Sec. 209. Protecting communities.
Sec. 210. Protecting public safety and removing criminal aliens.
Sec. 211. Pilot program for electronic field processing.
Sec. 212. Restricting visas for countries that refuse to repatriate 
                            their nationals.
Sec. 213. Additional ICE detention space.
Sec. 214. Additional immigration judgeships and law clerks.
Sec. 215. Additional ICE prosecutors.
Sec. 216. Ensuring the safety of ICE officers and agents.
Sec. 217. ICE Advisory Council.
      TITLE III--GAINING OPERATIONAL CONTROL OF AMERICA'S BORDERS

Sec. 301. Automated entry-exit control system.
Sec. 302. Measuring border security.
Sec. 303. National strategy to achieve operational control of America's 
                            borders.
Sec. 304. Improving border technology.
Sec. 305. Ensuring the safety of border patrol agents.

                TITLE I--WORKSITE ENFORCEMENT THAT WORKS

SEC. 101. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

    (a) In General.--Section 274A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
    ``(b) Employment Eligibility Verification Process.--
            ``(1) New hires, recruitment, and referral.--The 
        requirements referred to in paragraphs (1)(B) and (3) of 
        subsection (a) are, in the case of a person or other entity 
        hiring, recruiting, or referring an individual for employment 
        in the United States, the following:
                    ``(A) Attestation after examination of 
                documentation.--
                            ``(i) Attestation.--On the date of hire (as 
                        defined in subsection (h)(4)), the person or 
                        entity shall attest, under penalty of perjury 
                        and on a form, including electronic and 
                        telephonic formats, designated or established 
                        by the Secretary by regulation not later than 6 
                        months after the date of the enactment of the 
                        Keeping the Promise of IRCA Act, that it has 
                        verified that the individual is not an 
                        unauthorized alien by--
                                    ``(I) obtaining from the individual 
                                the individual's social security 
                                account number and recording the number 
                                on the form (if the individual claims 
                                to have been issued such a number), 
                                and, if the individual does not attest 
                                to United States nationality under 
                                subparagraph (B), obtaining such 
                                identification or authorization number 
                                established by the Department of 
                                Homeland Security for the alien as the 
                                Secretary of Homeland Security may 
                                specify, and recording such number on 
                                the form; and
                                    ``(II) examining--
                                            ``(aa) a document relating 
                                        to the individual presenting it 
                                        described in clause (ii); or
                                            ``(bb) a document relating 
                                        to the individual presenting it 
                                        described in clause (iii) and a 
                                        document relating to the 
                                        individual presenting it 
                                        described in clause (iv).
                            ``(ii) Documents evidencing employment 
                        authorization and establishing identity.--A 
                        document described in this subparagraph is an 
                        individual's--
                                    ``(I) unexpired United States 
                                passport or passport card;
                                    ``(II) unexpired permanent resident 
                                card that contains a photograph;
                                    ``(III) unexpired employment 
                                authorization card that contains a 
                                photograph;
                                    ``(IV) in the case of a 
                                nonimmigrant alien authorized to work 
                                for a specific employer incident to 
                                status, a foreign passport with Form I-
                                94 or Form I-94A, or other 
                                documentation as designated by the 
                                Secretary specifying the alien's 
                                nonimmigrant status as long as the 
                                period of status has not yet expired 
                                and the proposed employment is not in 
                                conflict with any restrictions or 
                                limitations identified in the 
                                documentation;
                                    ``(V) passport from the Federated 
                                States of Micronesia (FSM) or the 
                                Republic of the Marshall Islands (RMI) 
                                with Form I-94 or Form I-94A, or other 
                                documentation as designated by the 
                                Secretary, indicating nonimmigrant 
                                admission under the Compact of Free 
                                Association Between the United States 
                                and the FSM or RMI; or
                                    ``(VI) other document designated by 
                                the Secretary of Homeland Security, if 
                                the document--
                                            ``(aa) contains a 
                                        photograph of the individual 
                                        and biometric identification 
                                        data from the individual and 
                                        such other personal identifying 
                                        information relating to the 
                                        individual as the Secretary of 
                                        Homeland Security finds, by 
                                        regulation, sufficient for 
                                        purposes of this clause;
                                            ``(bb) is evidence of 
                                        authorization of employment in 
                                        the United States; and
                                            ``(cc) contains security 
                                        features to make it resistant 
                                        to tampering, counterfeiting, 
                                        and fraudulent use.
                            ``(iii) Documents evidencing employment 
                        authorization.--A document described in this 
                        subparagraph is an individual's social security 
                        account number card (other than such a card 
                        which specifies on the face that the issuance 
                        of the card does not authorize employment in 
                        the United States).
                            ``(iv) Documents establishing identity of 
                        individual.--A document described in this 
                        subparagraph is--
                                    ``(I) an individual's unexpired 
                                State issued driver's license or 
                                identification card if it contains a 
                                photograph and information such as 
                                name, date of birth, gender, height, 
                                eye color, and address;
                                    ``(II) an individual's unexpired 
                                U.S. military identification card;
                                    ``(III) an individual's unexpired 
                                Native American tribal identification 
                                document issued by a tribal entity 
                                recognized by the Bureau of Indian 
                                Affairs; or
                                    ``(IV) in the case of an individual 
                                under 18 years of age, a parent or 
                                legal guardian's attestation under 
                                penalty of law as to the identity and 
                                age of the individual.
                            ``(v) Authority to prohibit use of certain 
                        documents.--If the Secretary of Homeland 
                        Security finds, by regulation, that any 
                        document described in clause (i), (ii), or 
                        (iii) as establishing employment authorization 
                        or identity does not reliably establish such 
                        authorization or identity or is being used 
                        fraudulently to an unacceptable degree, the 
                        Secretary may prohibit or place conditions on 
                        its use for purposes of this paragraph.
                            ``(vi) Signature.--Such attestation may be 
                        manifested by either a hand-written or 
                        electronic signature.
                    ``(B) Individual attestation of employment 
                authorization.--
                            ``(i) In general.--During the verification 
                        period (as defined in subparagraph (F)), the 
                        individual shall attest, under penalty of 
                        perjury on the form designated or established 
                        for purposes of subparagraph (A), that the 
                        individual is a citizen or national of the 
                        United States, an alien lawfully admitted for 
                        permanent residence, or an alien who is 
                        authorized under this Act or by the Secretary 
                        of Homeland Security to be hired, recruited, or 
                        referred for such employment. Such attestation 
                        may be manifested by either a hand-written or 
                        electronic signature. The individual shall also 
                        provide that individual's social security 
                        account number (if the individual claims to 
                        have been issued such a number), and, if the 
                        individual does not attest to United States 
                        nationality under this subparagraph, such 
                        identification or authorization number 
                        established by the Department of Homeland 
                        Security for the alien as the Secretary may 
                        specify.
                            ``(ii) Criminal penalty.--
                                    ``(I) Offenses.--Any individual 
                                who, pursuant to clause (i), provides a 
                                social security account number or an 
                                identification or authorization number 
                                established by the Secretary of 
                                Homeland Security that belongs to 
                                another person, knowing that the number 
                                does not belong to the individual 
                                providing the number, shall be fined 
                                under title 18, United States Code, 
                                imprisoned not less than 1 year and not 
                                more than 15 years, or both. Any 
                                individual who, pursuant to clause (i), 
                                provides, during and in relation to any 
                                felony violation enumerated in section 
                                1028A(c) of title 18, United States 
                                Code, a social security account number 
                                or an identification or authorization 
                                number established by the Secretary of 
                                Homeland Security that belongs to 
                                another person, knowing that the number 
                                does not belong to the individual 
                                providing the number, in addition to 
                                the punishment provided for such 
                                felony, shall be fined under title 18, 
                                United States Code, imprisoned for a 
                                term of 2 years, or both.
                                    ``(II) Consecutive sentence.--
                                Notwithstanding any other provision of 
                                law--
                                            ``(aa) a court shall not 
                                        place on probation any 
                                        individual convicted of a 
                                        violation of this clause;
                                            ``(bb) except as provided 
                                        in item (dd), no term of 
                                        imprisonment imposed on an 
                                        individual under this section 
                                        shall run concurrently with any 
                                        other term of imprisonment 
                                        imposed on the individual under 
                                        any other provision of law, 
                                        including any term of 
                                        imprisonment imposed for the 
                                        felony enumerated in section 
                                        1028A(c) of title 18, United 
                                        States Code, during which the 
                                        violation of this section 
                                        occurred;
                                            ``(cc) in determining any 
                                        term of imprisonment to be 
                                        imposed for the felony 
                                        enumerated in section 1028A(c) 
                                        of title 18, United States 
                                        Code, during which the 
                                        violation of this clause 
                                        occurred, a court shall not in 
                                        any way reduce the term to be 
                                        imposed for such crime so as to 
                                        compensate for, or otherwise 
                                        take into account, any separate 
                                        term of imprisonment imposed or 
                                        to be imposed for a violation 
                                        of this clause; and
                                            ``(dd) a term of 
                                        imprisonment imposed on an 
                                        individual for a violation of 
                                        this clause may, in the 
                                        discretion of the court, run 
                                        concurrently, in whole or in 
                                        part, only with another term of 
                                        imprisonment that is imposed by 
                                        the court at the same time on 
                                        that individual for an 
                                        additional violation of this 
                                        clause, except that such 
                                        discretion shall be exercised 
                                        in accordance with any 
                                        applicable guidelines and 
                                        policy statements issued by the 
                                        United States Sentencing 
                                        Commission pursuant to section 
                                        994 of title 28, United States 
                                        Code.
                    ``(C) Retention of verification form and 
                verification.--
                            ``(i) In general.--After completion of such 
                        form in accordance with subparagraphs (A) and 
                        (B), the person or entity shall--
                                    ``(I) retain a paper, microfiche, 
                                microfilm, or electronic version of the 
                                form and make it available for 
                                inspection by officers of the 
                                Department of Homeland Security, the 
                                Special Counsel for Immigration-Related 
                                Unfair Employment Practices, or the 
                                Department of Labor during a period 
                                beginning on the date of the recruiting 
                                or referral of the individual, or, in 
                                the case of the hiring of an 
                                individual, the date on which the 
                                verification is completed, and ending--
                                            ``(aa) in the case of the 
                                        recruiting or referral of an 
                                        individual, 3 years after the 
                                        date of the recruiting or 
                                        referral; and
                                            ``(bb) in the case of the 
                                        hiring of an individual, the 
                                        later of 3 years after the date 
                                        the verification is completed 
                                        or one year after the date the 
                                        individual's employment is 
                                        terminated; and
                                    ``(II) during the verification 
                                period (as defined in subparagraph 
                                (F)), make an inquiry, as provided in 
                                subsection (d), using the verification 
                                system to seek verification of the 
                                identity and employment eligibility of 
                                an individual.
                            ``(ii) Confirmation.--
                                    ``(I) Confirmation received.--If 
                                the person or other entity receives an 
                                appropriate confirmation of an 
                                individual's identity and work 
                                eligibility under the verification 
                                system within the time period 
                                specified, the person or entity shall 
                                record on the form an appropriate code 
                                that is provided under the system and 
                                that indicates a final confirmation of 
                                such identity and work eligibility of 
                                the individual.
                                    ``(II) Tentative nonconfirmation 
                                received.--If the person or other 
                                entity receives a tentative 
                                nonconfirmation of an individual's 
                                identity or work eligibility under the 
                                verification system within the time 
                                period specified, the person or entity 
                                shall so inform the individual for whom 
                                the verification is sought. If the 
                                individual does not contest the 
                                nonconfirmation within the time period 
                                specified, the nonconfirmation shall be 
                                considered final. The person or entity 
                                shall then record on the form an 
                                appropriate code which has been 
                                provided under the system to indicate a 
                                final nonconfirmation. If the 
                                individual does contest the 
                                nonconfirmation, the individual shall 
                                utilize the process for secondary 
                                verification provided under subsection 
                                (d). The nonconfirmation will remain 
                                tentative until a final confirmation or 
                                nonconfirmation is provided by the 
                                verification system within the time 
                                period specified. In no case shall an 
                                employer terminate employment of an 
                                individual because of a failure of the 
                                individual to have identity and work 
                                eligibility confirmed under this 
                                section until a nonconfirmation becomes 
                                final. Nothing in this clause shall 
                                apply to a termination of employment 
                                for any reason other than because of 
                                such a failure. In no case shall an 
                                employer rescind the offer of 
                                employment to an individual because of 
                                a failure of the individual to have 
                                identity and work eligibility confirmed 
                                under this subsection until a 
                                nonconfirmation becomes final. Nothing 
                                in this subclause shall apply to a 
                                recission of the offer of employment 
                                for any reason other than because of 
                                such a failure.
                                    ``(III) Final confirmation or 
                                nonconfirmation received.--If a final 
                                confirmation or nonconfirmation is 
                                provided by the verification system 
                                regarding an individual, the person or 
                                entity shall record on the form an 
                                appropriate code that is provided under 
                                the system and that indicates a 
                                confirmation or nonconfirmation of 
                                identity and work eligibility of the 
                                individual.
                                    ``(IV) Extension of time.--If the 
                                person or other entity in good faith 
                                attempts to make an inquiry during the 
                                time period specified and the 
                                verification system has registered that 
                                not all inquiries were received during 
                                such time, the person or entity may 
                                make an inquiry in the first subsequent 
                                working day in which the verification 
                                system registers that it has received 
                                all inquiries. If the verification 
                                system cannot receive inquiries at all 
                                times during a day, the person or 
                                entity merely has to assert that the 
                                entity attempted to make the inquiry on 
                                that day for the previous sentence to 
                                apply to such an inquiry, and does not 
                                have to provide any additional proof 
                                concerning such inquiry.
                                    ``(V) Consequences of 
                                nonconfirmation.--
                                            ``(aa) Termination or 
                                        notification of continued 
                                        employment.--If the person or 
                                        other entity has received a 
                                        final nonconfirmation regarding 
                                        an individual, the person or 
                                        entity may terminate employment 
                                        of the individual (or decline 
                                        to recruit or refer the 
                                        individual). If the person or 
                                        entity does not terminate 
                                        employment of the individual or 
                                        proceeds to recruit or refer 
                                        the individual, the person or 
                                        entity shall notify the 
                                        Secretary of Homeland Security 
                                        of such fact through the 
                                        verification system or in such 
                                        other manner as the Secretary 
                                        may specify.
                                            ``(bb) Failure to notify.--
                                        If the person or entity fails 
                                        to provide notice with respect 
                                        to an individual as required 
                                        under item (aa), the failure is 
                                        deemed to constitute a 
                                        violation of subsection 
                                        (a)(1)(A) with respect to that 
                                        individual.
                                    ``(VI) Continued employment after 
                                final nonconfirmation.--If the person 
                                or other entity continues to employ (or 
                                to recruit or refer) an individual 
                                after receiving final nonconfirmation, 
                                a rebuttable presumption is created 
                                that the person or entity has violated 
                                subsection (a)(1)(A).
                    ``(D) Effective dates of new procedures.--
                            ``(i) Hiring.--The provisions of this 
                        paragraph shall apply to a person or other 
                        entity hiring an individual for employment in 
                        the United States as follows:
                                    ``(I) With respect to employers 
                                having 10,000 or more employees in the 
                                United States on the date of the 
                                enactment of the Keeping the Promise of 
                                IRCA Act, on the date that is 6 months 
                                after the date of the enactment of such 
                                Act.
                                    ``(II) With respect to employers 
                                having 500 or more employees in the 
                                United States, but less than 10,000 
                                employees in the United States, on the 
                                date of the enactment of the Keeping 
                                the Promise of IRCA Act, on the date 
                                that is 12 months after the date of the 
                                enactment of such Act.
                                    ``(III) With respect to employers 
                                having 20 or more employees in the 
                                United States, but less than 500 
                                employees in the United States, on the 
                                date of the enactment of the Keeping 
                                the Promise of IRCA Act, on the date 
                                that is 18 months after the date of the 
                                enactment of such Act.
                                    ``(IV) With respect to employers 
                                having one or more employees in the 
                                United States, but less than 20 
                                employees in the United States, on the 
                                date of the enactment of the Keeping 
                                the Promise of IRCA Act, on the date 
                                that is 24 months after the date of the 
                                enactment of such Act.
                            ``(ii) Recruiting and referring.--The 
                        provisions of this paragraph shall apply to a 
                        person or other entity recruiting or referring 
                        an individual for employment in the United 
                        States on the date that is 12 months after the 
                        date of the enactment of the Keeping the 
                        Promise of IRCA Act.
                            ``(iii) Transition rule.--Subject to 
                        paragraph (4), the following shall apply to a 
                        person or other entity hiring, recruiting, or 
                        referring an individual for employment in the 
                        United States until the effective date or dates 
                        applicable under clauses (i) and (ii):
                                    ``(I) This subsection, as in effect 
                                before the enactment of the Keeping the 
                                Promise of IRCA Act.
                                    ``(II) Subtitle A of title IV of 
                                the Illegal Immigration Reform and 
                                Immigrant Responsibility Act of 1996 (8 
                                U.S.C. 1324a note), as in effect before 
                                the effective date in section 7(c) of 
                                the Keeping the Promise of IRCA Act.
                                    ``(III) Any other provision of 
                                Federal law requiring the person or 
                                entity to participate in the E-Verify 
                                Program described in section 403(a) of 
                                the Illegal Immigration Reform and 
                                Immigrant Responsibility Act of 1996 (8 
                                U.S.C. 1324a note), as in effect before 
                                the effective date in section 7(c) of 
                                the Keeping the Promise of IRCA Act, 
                                including Executive Order 13465 (8 
                                U.S.C. 1324a note; relating to 
                                Government procurement).
                    ``(E) Verification period defined.--
                            ``(i) In general.--For purposes of this 
                        paragraph:
                                    ``(I) In the case of recruitment or 
                                referral, the term `verification 
                                period' means the period ending on the 
                                date recruiting or referring commences.
                                    ``(II) In the case of hiring, the 
                                term `verification period' means the 
                                period beginning on the date on which 
                                an offer of employment is extended and 
                                ending on the date that is 3 business 
                                days after the date of hire, except as 
                                provided in clause (ii).
                            ``(ii) Special rule.--Notwithstanding 
                        clause (i)(II), in the case of an alien who is 
                        authorized for employment and who provides 
                        evidence from the Social Security 
                        Administration that the alien has applied for a 
                        social security account number, the 
                        verification period ends 3 business days after 
                        the alien receives the social security account 
                        number.
            ``(2) Reverification for individuals with limited work 
        authorization.--
                    ``(A) In general.--A person or entity shall make an 
                inquiry, as provided in subsection (d), using the 
                verification system to seek reverification of the 
                identity and employment eligibility of all individuals 
                with a limited period of work authorization employed by 
                the person or entity during the 3 business days before 
                the date on which the employee's work authorization 
                expires as follows:
                            ``(i) With respect to employers having 
                        10,000 or more employees in the United States 
                        on the date of the enactment of the Keeping the 
                        Promise of IRCA Act, beginning on the date that 
                        is 6 months after the date of the enactment of 
                        such Act.
                            ``(ii) With respect to employers having 500 
                        or more employees in the United States, but 
                        less than 10,000 employees in the United 
                        States, on the date of the enactment of the 
                        Keeping the Promise of IRCA Act, beginning on 
                        the date that is 12 months after the date of 
                        the enactment of such Act.
                            ``(iii) With respect to employers having 20 
                        or more employees in the United States, but 
                        less than 500 employees in the United States, 
                        on the date of the enactment of the Keeping the 
                        Promise of IRCA Act, beginning on the date that 
                        is 18 months after the date of the enactment of 
                        such Act.
                            ``(iv) With respect to employers having 1 
                        or more employees in the United States, but 
                        less than 20 employees in the United States, on 
                        the date of the enactment of the Keeping the 
                        Promise of IRCA Act, beginning on the date that 
                        is 24 months after the date of the enactment of 
                        such Act.
                    ``(B) Reverification.--Paragraph (1)(C)(ii) shall 
                apply to reverifications pursuant to this paragraph on 
                the same basis as it applies to verifications pursuant 
                to paragraph (1), except that employers shall--
                            ``(i) use a form designated or established 
                        by the Secretary by regulation for purposes of 
                        this paragraph; and
                            ``(ii) retain a paper, microfiche, 
                        microfilm, or electronic version of the form 
                        and make it available for inspection by 
                        officers of the Department of Homeland 
                        Security, the Special Counsel for Immigration-
                        Related Unfair Employment Practices, or the 
                        Department of Labor during the period beginning 
                        on the date the reverification commences and 
                        ending on the date that is the later of 3 years 
                        after the date of such reverification or 1 year 
                        after the date the individual's employment is 
                        terminated.
            ``(3) Early compliance.--
                    ``(A) Former e-verify required users, including 
                federal contractors.--Notwithstanding the deadlines in 
                paragraphs (1) and (2), beginning on the date of the 
                enactment of the Keeping the Promise of IRCA Act, the 
                Secretary is authorized to commence requiring employers 
                required to participate in the E-Verify Program 
                described in section 403(a) of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (8 
                U.S.C. 1324a note), including employers required to 
                participate in such program by reason of Federal 
                acquisition laws (and regulations promulgated under 
                those laws, including the Federal Acquisition 
                Regulation), to commence compliance with the 
                requirements of this subsection (and any additional 
                requirements of such Federal acquisition laws and 
                regulation) in lieu of any requirement to participate 
                in the E-Verify Program.
                    ``(B) Former e-verify voluntary users and others 
                desiring early compliance.--Notwithstanding the 
                deadlines in paragraphs (1) and (2), beginning on the 
                date of the enactment of the Keeping the Promise of 
                IRCA Act, the Secretary shall provide for the voluntary 
                compliance with the requirements of this subsection by 
                employers voluntarily electing to participate in the E-
                Verify Program described in section 403(a) of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (8 U.S.C. 1324a note) before such date, as 
                well as by other employers seeking voluntary early 
                compliance.
            ``(4) Copying of documentation permitted.--Notwithstanding 
        any other provision of law, the person or entity may copy a 
        document presented by an individual pursuant to this subsection 
        and may retain the copy, but only (except as otherwise 
        permitted under law) for the purpose of complying with the 
        requirements of this subsection.
            ``(5) Limitation on use of forms.--A form designated or 
        established by the Secretary of Homeland Security under this 
        subsection and any information contained in or appended to such 
        form, may not be used for purposes other than for enforcement 
        of this Act and any other provision of Federal criminal law.
            ``(6) Good faith compliance.--
                    ``(A) In general.--Except as otherwise provided in 
                this subsection, a person or entity is considered to 
                have complied with a requirement of this subsection 
                notwithstanding a technical or procedural failure to 
                meet such requirement if there was a good faith attempt 
                to comply with the requirement.
                    ``(B) Exception if failure to correct after 
                notice.--Subparagraph (A) shall not apply if--
                            ``(i) the failure is not de minimus;
                            ``(ii) the Secretary of Homeland Security 
                        has explained to the person or entity the basis 
                        for the failure and why it is not de minimus;
                            ``(iii) the person or entity has been 
                        provided a period of not less than 30 calendar 
                        days (beginning after the date of the 
                        explanation) within which to correct the 
                        failure; and
                            ``(iv) the person or entity has not 
                        corrected the failure voluntarily within such 
                        period.
                    ``(C) Exception for pattern or practice 
                violators.--Subparagraph (A) shall not apply to a 
                person or entity that has or is engaging in a pattern 
                or practice of violations of subsection (a)(1)(A) or 
                (a)(2).
            ``(7) Single extension of deadlines upon certification.--In 
        a case in which the Secretary of Homeland Security has 
        certified to the Congress that the employment eligibility 
        verification system required under subsection (d) will not be 
        fully operational by the date that is 6 months after the date 
        of the enactment of the Keeping the Promise of IRCA Act, each 
        deadline established under this section for an employer to make 
        an inquiry using such system shall be extended by 6 months. No 
        other extension of such a deadline shall be made.''.
    (b) Date of Hire.--Section 274A(h) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the 
following:
            ``(4) Definition of date of hire.--As used in this section, 
        the term `date of hire' means the date of actual commencement 
        of employment for wages or other remuneration, unless otherwise 
        specified.''.

SEC. 102. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)) is amended to read as follows:
    ``(d) Employment Eligibility Verification System.--
            ``(1) In general.--Patterned on the employment eligibility 
        confirmation system established under section 404 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security 
        shall establish and administer a verification system through 
        which the Secretary (or a designee of the Secretary, which may 
        be a nongovernmental entity)--
                    ``(A) responds to inquiries made by persons at any 
                time through a toll-free telephone line and other toll-
                free electronic media concerning an individual's 
                identity and whether the individual is authorized to be 
                employed; and
                    ``(B) maintains records of the inquiries that were 
                made, of verifications provided (or not provided), and 
                of the codes provided to inquirers as evidence of their 
                compliance with their obligations under this section.
            ``(2) Initial response.--The verification system shall 
        provide confirmation or a tentative nonconfirmation of an 
        individual's identity and employment eligibility within 3 
        working days of the initial inquiry. If providing confirmation 
        or tentative nonconfirmation, the verification system shall 
        provide an appropriate code indicating such confirmation or 
        such nonconfirmation.
            ``(3) Secondary confirmation process in case of tentative 
        nonconfirmation.--In cases of tentative nonconfirmation, the 
        Secretary shall specify, in consultation with the Commissioner 
        of Social Security, an available secondary verification process 
        to confirm the validity of information provided and to provide 
        a final confirmation or nonconfirmation not later than 10 
        working days after the date on which the notice of the 
        tentative nonconfirmation is received by the employee. The 
        Secretary, in consultation with the Commissioner, may extend 
        this deadline on a case-by-case basis, and if the time is 
        extended, shall document such extension within the verification 
        system. When final confirmation or nonconfirmation is provided, 
        the verification system shall provide an appropriate code 
        indicating such confirmation or nonconfirmation.
            ``(4) Design and operation of system.--The verification 
        system shall be designed and operated--
                    ``(A) to maximize its reliability and ease of use 
                by persons and other entities consistent with 
                insulating and protecting the privacy and security of 
                the underlying information;
                    ``(B) to respond to all inquiries made by such 
                persons and entities on whether individuals are 
                authorized to be employed and to register all times 
                when such inquiries are not received;
                    ``(C) with appropriate administrative, technical, 
                and physical safeguards to prevent unauthorized 
                disclosure of personal information;
                    ``(D) to have reasonable safeguards against the 
                system's resulting in unlawful discriminatory practices 
                based on national origin or citizenship status, 
                including--
                            ``(i) the selective or unauthorized use of 
                        the system to verify eligibility; or
                            ``(ii) the exclusion of certain individuals 
                        from consideration for employment as a result 
                        of a perceived likelihood that additional 
                        verification will be required, beyond what is 
                        required for most job applicants; and
                    ``(E) to limit the subjects of verification to the 
                following individuals:
                            ``(i) Individuals hired, referred, or 
                        recruited, in accordance with paragraph (1) or 
                        (4) of subsection (b).
                            ``(ii) Employees and prospective employees, 
                        in accordance with paragraph (1), (2), (3), or 
                        (4) of subsection (b).
                            ``(iii) Individuals seeking to confirm 
                        their own employment eligibility on a voluntary 
                        basis.
            ``(5) Responsibilities of commissioner of social 
        security.--As part of the verification system, the Commissioner 
        of Social Security, in consultation with the Secretary of 
        Homeland Security (and any designee of the Secretary selected 
        to establish and administer the verification system), shall 
        establish a reliable, secure method, which, within the time 
        periods specified under paragraphs (2) and (3), compares the 
        name and social security account number provided in an inquiry 
        against such information maintained by the Commissioner in 
        order to validate (or not validate) the information provided 
        regarding an individual whose identity and employment 
        eligibility must be confirmed, the correspondence of the name 
        and number, and whether the individual has presented a social 
        security account number that is not valid for employment. The 
        Commissioner shall not disclose or release social security 
        information (other than such confirmation or nonconfirmation) 
        under the verification system except as provided for in this 
        section or section 205(c)(2)(I) of the Social Security Act.
            ``(6) Responsibilities of secretary of homeland security.--
        As part of the verification system, the Secretary of Homeland 
        Security (in consultation with any designee of the Secretary 
        selected to establish and administer the verification system), 
        shall establish a reliable, secure method, which, within the 
        time periods specified under paragraphs (2) and (3), compares 
        the name and alien identification or authorization number (or 
        any other information as determined relevant by the Secretary) 
        which are provided in an inquiry against such information 
        maintained or accessed by the Secretary in order to validate 
        (or not validate) the information provided, the correspondence 
        of the name and number, whether the alien is authorized to be 
        employed in the United States, or to the extent that the 
        Secretary determines to be feasible and appropriate, whether 
        the records available to the Secretary verify the identity or 
        status of a national of the United States.
            ``(7) Offenses.--
                    ``(A) In general.--Any person or entity that, in 
                making an inquiry under subsection (b)(1)(C)(i)(II), 
                provides to the verification system a social security 
                account number or an identification or authorization 
                number established by the Secretary of Homeland 
                Security that belongs to a person other than the 
                individual whose identity and employment authorization 
                are being verified, knowing that the number does not 
                belong to the individual whose identity and employment 
                authorization are being verified, shall be fined under 
                title 18, United States Code, imprisoned not less than 
                1 year and not more than 15 years, or both. If the 
                person or entity, in making an inquiry under subsection 
                (b)(1)(C)(i)(II), during and in relation to any felony 
                violation enumerated in section 1028A(c) of title 18, 
                United States Code, provides to the verification system 
                a social security account number or an identification 
                or authorization number established by the Secretary of 
                Homeland Security that belongs to a person other than 
                the individual whose identity and employment 
                authorization are being verified, knowing that the 
                number does not belong to the individual whose identity 
                and work authorization are being verified, in addition 
                to the punishment provided for such felony, shall be 
                fined under title 18, United States Code, imprisoned 
                for a term of 2 years, or both.
                    ``(B) Consecutive sentence.--Notwithstanding any 
                other provision of law--
                            ``(i) a court shall not place on probation 
                        any person or entity convicted of a violation 
                        of this paragraph;
                            ``(ii) except as provided in clause (iv), 
                        no term of imprisonment imposed on a person or 
                        entity under this section shall run 
                        concurrently with any other term of 
                        imprisonment imposed on the person or entity 
                        under any other provision of law, including any 
                        term of imprisonment imposed for the felony 
                        enumerated in section 1028A(c) of title 18, 
                        United States Code, during which the violation 
                        of this paragraph occurred;
                            ``(iii) in determining any term of 
                        imprisonment to be imposed for the felony 
                        enumerated in section 1028A(c) of title 18, 
                        United States Code, during which the violation 
                        of this section occurred, a court shall not in 
                        any way reduce the term to be imposed for such 
                        crime so as to compensate for, or otherwise 
                        take into account, any separate term of 
                        imprisonment imposed or to be imposed for a 
                        violation of this paragraph; and
                            ``(iv) a term of imprisonment imposed on a 
                        person or entity for a violation of this 
                        paragraph may, in the discretion of the court, 
                        run concurrently, in whole or in part, only 
                        with another term of imprisonment that is 
                        imposed by the court at the same time on that 
                        person or entity for an additional violation of 
                        this paragraph, except that such discretion 
                        shall be exercised in accordance with any 
                        applicable guidelines and policy statements 
                        issued by the United States Sentencing 
                        Commission pursuant to section 994 of title 28, 
                        United States Code.
            ``(8) Updating information.--The Commissioner of Social 
        Security and the Secretary of Homeland Security shall update 
        their information in a manner that promotes the maximum 
        accuracy and shall provide a process for the prompt correction 
        of erroneous information, including instances in which it is 
        brought to their attention in the secondary verification 
        process described in paragraph (3).
            ``(9) Limitation on use of the verification system and any 
        related systems.--
                    ``(A) No national identification card.--Nothing in 
                this section shall be construed to authorize, directly 
                or indirectly, the issuance or use of national 
                identification cards or the establishment of a national 
                identification card.
                    ``(B) Critical infrastructure.--The Secretary may 
                authorize or direct any person or entity responsible 
                for granting access to, protecting, securing, 
                operating, administering, or regulating part of the 
                critical infrastructure (as defined in section 1016(e) 
                of the Critical Infrastructure Protection Act of 2001 
                (42 U.S.C. 5195c(e))) to use the verification system to 
                the extent the Secretary determines that such use will 
                assist in the protection of the critical 
                infrastructure.''.

SEC. 103. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.

    (a) Additional Changes to Rules for Recruitment, Referral, and 
Continuation of Employment.--Section 274A(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(a)) is amended--
            (1) in paragraph (1)(A), by striking ``for a fee'';
            (2) in paragraph (1), by amending subparagraph (B) to read 
        as follows:
                    ``(B) to hire, continue to employ, or to recruit or 
                refer for employment in the United States an individual 
                without complying with the requirements of subsection 
                (b).'';
            (3) in paragraph (2), by striking ``after hiring an alien 
        for employment in accordance with paragraph (1),'' and 
        inserting ``after complying with paragraph (1),''; and
            (4) in paragraph (3), by striking ``hiring,'' and inserting 
        ``hiring, employing,'' each place it appears.
    (b) Definition.--Section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)), as amended by section 101(b) of this Act, is 
further amended by adding at the end the following:
            ``(5) Definition of recruit or refer.--As used in this 
        section, the term `refer' means the act of sending or directing 
        a person who is in the United States or transmitting 
        documentation or information to another, directly or 
        indirectly, with the intent of obtaining employment in the 
        United States for such person. Only persons or entities 
        referring for remuneration (whether on a retainer or 
        contingency basis) are included in the definition, except that 
        union hiring halls that refer union members or nonunion 
        individuals who pay union membership dues are included in the 
        definition whether or not they receive remuneration, as are 
        labor service entities or labor service agencies, whether 
        public, private, for-profit, or nonprofit, that refer, 
        dispatch, or otherwise facilitate the hiring of laborers for 
        any period of time by a third party. As used in this section, 
        the term `recruit' means the act of soliciting a person who is 
        in the United States, directly or indirectly, and referring the 
        person to another with the intent of obtaining employment for 
        that person. Only persons or entities referring for 
        remuneration (whether on a retainer or contingency basis) are 
        included in the definition, except that union hiring halls that 
        refer union members or nonunion individuals who pay union 
        membership dues are included in this definition whether or not 
        they receive remuneration, as are labor service entities or 
        labor service agencies, whether public, private, for-profit, or 
        nonprofit that recruit, dispatch, or otherwise facilitate the 
        hiring of laborers for any period of time by a third party.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 1 year after the date of the enactment of 
this Act, except that the amendments made by subsection (a) shall take 
effect 6 months after the date of the enactment of this Act insofar as 
such amendments relate to continuation of employment.

SEC. 104. GOOD FAITH DEFENSE.

    Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(3)) is amended to read as follows:
            ``(3) Good faith defense.--
                    ``(A) Defense.--An employer (or person or entity 
                that hires, employs, recruits, or refers (as defined in 
                subsection (h)(5)), or is otherwise obligated to comply 
                with this section) who establishes that it has complied 
                in good faith with the requirements of subsection (b)--
                            ``(i) shall not be liable to a job 
                        applicant, an employee, the Federal Government, 
                        or a State or local government, under Federal, 
                        State, or local criminal or civil law for any 
                        employment-related action taken with respect to 
                        a job applicant or employee in good-faith 
                        reliance on information provided through the 
                        system established under subsection (d); and
                            ``(ii) has established compliance with its 
                        obligations under subparagraphs (A) and (B) of 
                        paragraph (1) and subsection (b) absent a 
                        showing by the Secretary of Homeland Security, 
                        by clear and convincing evidence, that the 
                        employer had knowledge that an employee is an 
                        unauthorized alien.
                    ``(B) Failure to seek and obtain verification.--
                Subject to the effective dates and other deadlines 
                applicable under subsection (b), in the case of a 
                person or entity in the United States that hires, or 
                continues to employ, an individual, or recruits or 
                refers an individual for employment, the following 
                requirements apply:
                            ``(i) Failure to seek verification.--
                                    ``(I) In general.--If the person or 
                                entity has not made an inquiry, under 
                                the mechanism established under 
                                subsection (d) and in accordance with 
                                the timeframes established under 
                                subsection (b), seeking verification of 
                                the identity and work eligibility of 
                                the individual, the defense under 
                                subparagraph (A) shall not be 
                                considered to apply with respect to any 
                                employment, except as provided in 
                                subclause (II).
                                    ``(II) Special rule for failure of 
                                verification mechanism.--If such a 
                                person or entity in good faith attempts 
                                to make an inquiry in order to qualify 
                                for the defense under subparagraph (A) 
                                and the verification mechanism has 
                                registered that not all inquiries were 
                                responded to during the relevant time, 
                                the person or entity can make an 
                                inquiry until the end of the first 
                                subsequent working day in which the 
                                verification mechanism registers no 
                                nonresponses and qualify for such 
                                defense.
                            ``(ii) Failure to obtain verification.--If 
                        the person or entity has made the inquiry 
                        described in clause (i)(I) but has not received 
                        an appropriate verification of such identity 
                        and work eligibility under such mechanism 
                        within the time period specified under 
                        subsection (d)(2) after the time the 
                        verification inquiry was received, the defense 
                        under subparagraph (A) shall not be considered 
                        to apply with respect to any employment after 
                        the end of such time period.''.

SEC. 105. REPEAL.

    (a) In General.--Subtitle A of title IV of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1234a note) 
is repealed.
    (b) References.--Any reference in any Federal law, Executive order, 
rule, regulation, or delegation of authority, or any document of, or 
pertaining to, the Department of Homeland Security, Department of 
Justice, or the Social Security Administration, to the employment 
eligibility confirmation system established under section 404 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) is deemed to refer to the employment eligibility 
confirmation system established under section 274A(d) of the 
Immigration and Nationality Act, as amended by section 102 of this Act.
    (c) Effective Date.--This section shall take effect on the date 
that is 36 months after the date of the enactment of this Act.

SEC. 106. PENALTIES.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (e)(1)--
                    (A) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) by striking ``Service'' and inserting 
                ``Department of Homeland Security'';
            (2) in subsection (e)(4)--
                    (A) in subparagraph (A), in the matter before 
                clause (i), by inserting ``, subject to paragraph 
                (10),'' after ``in an amount'';
                    (B) in subparagraph (A)(i), by striking ``not less 
                than $250 and not more than $2,000'' and inserting 
                ``not less than $2,500 and not more than $5,000'';
                    (C) in subparagraph (A)(ii), by striking ``not less 
                than $2,000 and not more than $5,000'' and inserting 
                ``not less than $5,000 and not more than $10,000'';
                    (D) in subparagraph (A)(iii), by striking ``not 
                less than $3,000 and not more than $10,000'' and 
                inserting ``not less than $10,000 and not more than 
                $25,000''; and
                    (E) by amending subparagraph (B) to read as 
                follows:
                    ``(B) may require the person or entity to take such 
                other remedial action as is appropriate.'';
            (3) in subsection (e)(5)--
                    (A) in the paragraph heading, strike ``paperwork'';
                    (B) by inserting ``, subject to paragraphs (10) 
                through (12),'' after ``in an amount'';
                    (C) by striking ``$100'' and inserting ``$1,000'';
                    (D) by striking ``$1,000'' and inserting 
                ``$25,000'';
                    (E) by adding at the end the following: ``Failure 
                by a person or entity to utilize the employment 
                eligibility verification system as required by law, or 
                providing information to the system that the person or 
                entity knows or reasonably believes to be false, shall 
                be treated as a violation of subsection (a)(1)(A).'';
            (4) by adding at the end of subsection (e) the following:
            ``(10) Exemption from penalty for good faith violation.--In 
        the case of imposition of a civil penalty under paragraph 
        (4)(A) with respect to a violation of subsection (a)(1)(A) or 
        (a)(2) for hiring or continuation of employment or recruitment 
        or referral by person or entity and in the case of imposition 
        of a civil penalty under paragraph (5) for a violation of 
        subsection (a)(1)(B) for hiring or recruitment or referral by a 
        person or entity, the penalty otherwise imposed may be waived 
        or reduced if the violator establishes that the violator acted 
        in good faith.
            ``(11) Authority to debar employers for certain 
        violations.--
                    ``(A) In general.--If a person or entity is 
                determined by the Secretary of Homeland Security to be 
                a repeat violator of paragraph (1)(A) or (2) of 
                subsection (a), or is convicted of a crime under this 
                section, such person or entity may be considered for 
                debarment from the receipt of Federal contracts, 
                grants, or cooperative agreements in accordance with 
                the debarment standards and pursuant to the debarment 
                procedures set forth in the Federal Acquisition 
                Regulation.
                    ``(B) Does not have contract, grant, agreement.--If 
                the Secretary of Homeland Security or the Attorney 
                General wishes to have a person or entity considered 
                for debarment in accordance with this paragraph, and 
                such an person or entity does not hold a Federal 
                contract, grant or cooperative agreement, the Secretary 
                or Attorney General shall refer the matter to the 
                Administrator of General Services to determine whether 
                to list the person or entity on the List of Parties 
                Excluded from Federal Procurement, and if so, for what 
                duration and under what scope.
                    ``(C) Has contract, grant, agreement.--If the 
                Secretary of Homeland Security or the Attorney General 
                wishes to have a person or entity considered for 
                debarment in accordance with this paragraph, and such 
                person or entity holds a Federal contract, grant or 
                cooperative agreement, the Secretary or Attorney 
                General shall advise all agencies or departments 
                holding a contract, grant, or cooperative agreement 
                with the person or entity of the Government's interest 
                in having the person or entity considered for 
                debarment, and after soliciting and considering the 
                views of all such agencies and departments, the 
                Secretary or Attorney General may refer the matter to 
                any appropriate lead agency to determine whether to 
                list the person or entity on the List of Parties 
                Excluded from Federal Procurement, and if so, for what 
                duration and under what scope.
                    ``(D) Review.--Any decision to debar a person or 
                entity in accordance with this paragraph shall be 
                reviewable pursuant to part 9.4 of the Federal 
                Acquisition Regulation.
            ``(12) Office for state and local government complaints.--
        The Secretary of Homeland Security shall establish an office--
                    ``(A) to which State and local government agencies 
                may submit information indicating potential violations 
                of subsection (a), (b), or (g)(1) that were generated 
                in the normal course of law enforcement or the normal 
                course of other official activities in the State or 
                locality;
                    ``(B) that is required to indicate to the 
                complaining State or local agency within 5 business 
                days of the filing of such a complaint by identifying 
                whether the Secretary will further investigate the 
                information provided;
                    ``(C) that is required to investigate those 
                complaints filed by State or local government agencies 
                that, on their face, have a substantial probability of 
                validity;
                    ``(D) that is required to notify the complaining 
                State or local agency of the results of any such 
                investigation conducted; and
                    ``(E) that is required to report to the Congress 
                annually the number of complaints received under this 
                paragraph, the States and localities that filed such 
                complaints, and the resolution of the complaints 
                investigated by the Secretary.''; and
            (5) by amending paragraph (1) of subsection (f) to read as 
        follows:
            ``(1) Criminal penalty.--Any person or entity which engages 
        in a pattern or practice of violations of subsection (a) (1) or 
        (2) shall be fined not more than $15,000 for each unauthorized 
        alien with respect to which such a violation occurs, imprisoned 
        for not less than one year and not more than 10 years, or both, 
        notwithstanding the provisions of any other Federal law 
        relating to fine levels.''.

                TITLE II--CRIME PREVENTION AND PENALTIES

SEC. 201. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION 
              SYSTEMS.

    In consultation with the Secretary of Health and Human Services and 
the Commissioner of Social Security, the Secretary of Homeland Security 
shall take the following actions:
            (1) Work with the States to establish a common data set and 
        common data exchange protocol for electronic birth registration 
        systems and death registration systems.
            (2) Coordinate requirements for such systems to align with 
        a national model.
            (3) Ensure that fraud prevention is built into the design 
        of electronic vital registration systems in the collection of 
        vital event data, the issuance of birth certificates, and the 
        exchange of data among government agencies.
            (4) Ensure that electronic systems for issuing birth 
        certificates, in the form of printed abstracts of birth records 
        or digitized images, employ a common format of the certified 
        copy, so that those requiring such documents can quickly 
        confirm their validity.
            (5) Establish uniform field requirements for State birth 
        registries.
            (6) Not later than 1 year after the date of the enactment 
        of this Act, establish a process with the Department of Defense 
        that will result in the sharing of data, with the States and 
        the Social Security Administration, regarding deaths of United 
        States military personnel and the birth and death of their 
        dependents.
            (7) Not later than 1 year after the date of the enactment 
        of this Act, establish a process with the Department of State 
        to improve registration, notification, and the sharing of data 
        with the States and the Social Security Administration, 
        regarding births and deaths of United States citizens abroad.
            (8) Not later than 3 years after the date of establishment 
        of databases provided for under this section, require States to 
        record and retain electronic records of pertinent 
        identification information collected from requestors who are 
        not the registrants.
            (9) Not later than 6 months after the date of the enactment 
        of this Act, submit to Congress a report on whether there is a 
        need for Federal laws to address penalties for fraud and misuse 
        of vital records and whether violations are sufficiently 
        enforced.

SEC. 202. ENHANCED PENALTIES FOR DOCUMENT FRAUD.

    Section 1028(b)(3) of title 18, United States Code, is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) to facilitate illegal immigration or human 
                smuggling; or''.

SEC. 203. ALIEN SMUGGLING AND TERRORISM PREVENTION.

    (a) Checks Against Terrorist Watchlist.--The Secretary of Homeland 
Security shall, to the extent practicable, check against all available 
terrorist watchlists those persons suspected of alien smuggling and 
smuggled individuals who are interdicted at the land, air, and sea 
borders of the United States.
    (b) Strengthening Prosecution and Punishment of Alien Smugglers.--
Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) by amending the subsection heading to read as follows: 
        ``Bringing In, Harboring, and Smuggling of Unlawful and 
        Terrorist Aliens.--'';
            (2) by amending paragraphs (1) through (2) to read as 
        follows:
    ``(1)(A) Whoever, knowing or in reckless disregard of the fact that 
an individual is an alien who lacks lawful authority to come to, enter, 
or reside in the United States, knowingly--
            ``(i) brings that individual to the United States in any 
        manner whatsoever regardless of any future official action 
        which may be taken with respect to such individual;
            ``(ii) recruits, encourages, or induces that individual to 
        come to, enter, or reside in the United States;
            ``(iii) transports or moves that individual in the United 
        States, in furtherance of their unlawful presence; or
            ``(iv) harbors, conceals, or shields from detection the 
        individual in any place in the United States, including any 
        building or any means of transportation;
or attempts or conspires to do so, shall be punished as provided in 
subparagraph (C).
    ``(B) Whoever, knowing that an individual is an alien, brings that 
individual to the United States in any manner whatsoever at a place, 
other than a designated port of entry or place designated by the 
Secretary of Homeland Security, regardless of whether such individual 
has received prior official authorization to come to, enter, or reside 
in the United States and regardless of any future official action which 
may be taken with respect to such individual, or attempts or conspires 
to do so, shall be punished as provided in subparagraph (C).
    ``(C) Whoever commits an offense under this paragraph shall, for 
each individual in respect to whom such a violation occurs--
            ``(i) if the offense results in the death of any person, be 
        fined under title 18, United States Code, and subject to the 
        penalty of death or imprisonment for any term of years or for 
        life;
            ``(ii) if the offense involves kidnapping, an attempt to 
        kidnap, the conduct required for aggravated sexual abuse (as 
        defined in section 2241 of title 18, United States Code, 
        without regard to where it takes place), or an attempt to 
        commit such abuse, or an attempt to kill, be fined under title 
        18, United States Code, or imprisoned for any term of years or 
        life, or both;
            ``(iii) if the offense involves an individual who the 
        defendant knew was engaged in or intended to engage in 
        terrorist activity (as defined in section 212(a)(3)(B)), be 
        fined under title 18, United States Code, or imprisoned not 
        more than 30 years, or both;
            ``(iv) if the offense results in serious bodily injury (as 
        defined in section 1365 of title 18, United States Code) or 
        places in jeopardy the life of any person, be fined under title 
        18, United States Code, or imprisoned not more than 20 years, 
        or both;
            ``(v) if the offense is a violation of paragraph (1)(A)(i) 
        and was committed for the purpose of profit, commercial 
        advantage, or private financial gain, or if the offense was 
        committed with the intent or reason to believe that the 
        individual unlawfully brought into the United States will 
        commit an offense against the United States or any State that 
        is punishable by imprisonment for more than 1 year, be fined 
        under title 18, United States Code, and imprisoned, in the case 
        of a first or second violation, not less than 3 nor more than 
        10 years, and for any other violation, not less than 5 nor more 
        than 15 years;
            ``(vi) if the offense is a violation of paragraphs 
        (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was 
        committed for the purpose of profit, commercial advantage, or 
        private financial gain, be fined under title 18, United States 
        Code, or imprisoned not more than 10 years, or both;
            ``(vii) if the offense involves the transit of the 
        defendant's spouse, child, sibling, parent, grandparent, or 
        niece or nephew, and the offense is not described in any of 
        clauses (i) through (vi), be fined under title 18, United 
        States Code, or imprisoned not more than 1 year, or both; and
            ``(viii) in any other case, be fined under title 18, United 
        States Code, or imprisoned not more than 5 years, or both.
    ``(2)(A) There is extraterritorial jurisdiction over the offenses 
described in paragraph (1).
    ``(B) In a prosecution for a violation of, or an attempt or 
conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or 
(a)(1)(B), that occurs on the high seas, no defense based on necessity 
can be raised unless the defendant--
            ``(i) as soon as practicable, reported to the Coast Guard 
        the circumstances of the necessity, and if a rescue is claimed, 
        the name, description, registry number, and location of the 
        vessel engaging in the rescue; and
            ``(ii) did not bring, attempt to bring, or in any manner 
        intentionally facilitate the entry of any alien into the land 
        territory of the United States without lawful authority, unless 
        exigent circumstances existed that placed the life of that 
        alien in danger, in which case the reporting requirement set 
        forth in clause (i) is satisfied by notifying the Coast Guard 
        as soon as practicable after delivering the alien to emergency 
        medical or law enforcement personnel ashore.
    ``(C) It is not a violation of, or an attempt or conspiracy to 
violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph 
(1)(A)(ii) (except if a person recruits, encourages, or induces an 
alien to come to or enter the United States), for a religious 
denomination having a bona fide nonprofit, religious organization in 
the United States, or the agents or officer of such denomination or 
organization, to encourage, invite, call, allow, or enable an alien who 
is present in the United States to perform the vocation of a minister 
or missionary for the denomination or organization in the United States 
as a volunteer who is not compensated as an employee, notwithstanding 
the provision of room, board, travel, medical assistance, and other 
basic living expenses, provided the minister or missionary has been a 
member of the denomination for at least one year.
    ``(D) For purposes of this paragraph and paragraph (1)--
            ``(i) the term `United States' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the United States Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States; and
            ``(ii) the term `lawful authority' means permission, 
        authorization, or waiver that is expressly provided for in the 
        immigration laws of the United States or the regulations 
        prescribed under those laws and does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law or authority that has been sought but not approved.''.
    (c) Maritime Law Enforcement.--
            (1) Penalties.--Subsection (b) of section 2237 of title 18, 
        United States Code, is amended to read as follows:
    ``(b) Whoever intentionally violates this section shall--
            ``(1) if the offense results in death or involves 
        kidnapping, an attempt to kidnap, the conduct required for 
        aggravated sexual abuse (as defined in section 2241 without 
        regard to where it takes place), or an attempt to commit such 
        abuse, or an attempt to kill, be fined under such title or 
        imprisoned for any term of years or life, or both;
            ``(2) if the offense results in serious bodily injury (as 
        defined in section 1365 of this title) or transportation under 
        inhumane conditions, be fined under this title, imprisoned not 
        more than 15 years, or both;
            ``(3) if the offense is committed in the course of a 
        violation of section 274 of the Immigration and Nationality Act 
        (alien smuggling); chapter 77 (peonage, slavery, and 
        trafficking in persons), section 111 (shipping), 111A 
        (interference with vessels), 113 (stolen property), or 117 
        (transportation for illegal sexual activity) of this title; 
        chapter 705 (maritime drug law enforcement) of title 46, or 
        title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 
        220), be fined under this title or imprisoned for not more than 
        10 years, or both; and
            ``(4) in any other case, be fined under this title or 
        imprisoned for not more than 5 years, or both.''.
            (2) Limitation on necessity defense.--Section 2237(c) of 
        title 18, United States Code, is amended--
                    (A) by inserting ``(1)'' after ``(c)'';
                    (B) by adding at the end the following:
    ``(2) In a prosecution for a violation of this section, no defense 
based on necessity can be raised unless the defendant--
            ``(A) as soon as practicable upon reaching shore, delivered 
        the person with respect to which the necessity arose to 
        emergency medical or law enforcement personnel;
            ``(B) as soon as practicable, reported to the Coast Guard 
        the circumstances of the necessity resulting giving rise to the 
        defense; and
            ``(C) did not bring, attempt to bring, or in any manner 
        intentionally facilitate the entry of any alien, as that term 
        is defined in section 101(a)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(3)), into the land territory 
        of the United States without lawful authority, unless exigent 
        circumstances existed that placed the life of that alien in 
        danger, in which case the reporting requirement of subparagraph 
        (B) is satisfied by notifying the Coast Guard as soon as 
        practicable after delivering that person to emergency medical 
        or law enforcement personnel ashore.''.
            (3) Definition.--Section 2237(e) of title 18, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) the term `transportation under inhumane conditions' 
        means the transportation of persons in an engine compartment, 
        storage compartment, or other confined space, transportation at 
        an excessive speed, transportation of a number of persons in 
        excess of the rated capacity of the means of transportation, or 
        intentionally grounding a vessel in which persons are being 
        transported.''.
    (d) Amendment to the Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994 of title 28, United States Code, and in accordance with 
        this section, the United States Sentencing Commission shall 
        review and, if appropriate, amend the sentencing guidelines and 
        policy statements applicable to persons convicted of alien 
        smuggling offenses and criminal failure to heave to or 
        obstruction of boarding.
            (2) Considerations.--In carrying out this section, the 
        Sentencing Commission, shall--
                    (A) consider providing sentencing enhancements or 
                stiffening existing enhancements for those convicted of 
                offenses described in subsection (a) that--
                            (i) involve a pattern of continued and 
                        flagrant violations;
                            (ii) are part of an ongoing commercial 
                        organization or enterprise;
                            (iii) involve aliens who were transported 
                        in groups of ten or more;
                            (iv) involve the transportation or 
                        abandonment of aliens in a manner that 
                        endangered their lives; or
                            (v) involve the facilitation of terrorist 
                        activity; and
                    (B) consider cross-references to the guidelines for 
                Criminal Sexual Abuse and Attempted Murder.
            (3) Expedited procedures.--The Commission may promulgate 
        the guidelines or amendments under this section in accordance 
        with the procedures set forth in section 21(a) of the 
        Sentencing Act of 1987, as though the authority under that Act 
        had not expired.

SEC. 204. ELIGIBILITY FOR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
              FUNDING.

    (a) In General.--The Attorney General shall--
            (1) determine annually which State or local jurisdictions 
        are not in compliance with section 642 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act (Public Law 
        104-208) and shall report such determinations to Congress on 
        March 1 of each year; and
            (2) issue a report concerning the compliance of any 
        particular State or local jurisdiction at the request of any 
        Member of Congress.
    (b) Incarceration.--Section 241(i) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)) is amended by adding at the end the 
following:
            ``(7) A State (or a political subdivision of a State) shall 
        not be eligible to enter into a contractual arrangement under 
        paragraph (1) if the State (or political subdivision) has been 
        determined by the Attorney General to be out of compliance with 
        section 642 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act (Public Law 104-208). Such State (or 
        political subdivision) shall remain ineligible until the 
        Attorney General determines that the State (or political 
        subdivision) has come into compliance.''.

SEC. 205. ICE IMMIGRATION ENFORCEMENT AGENTS.

    (a) In General.--The Secretary shall authorize all immigration 
enforcement agents and deportation officers of Immigration and Customs 
Enforcement who have successfully completed basic immigration law 
enforcement training to exercise the powers conferred by--
            (1) section 287(a)(5)(A) of the Immigration and Nationality 
        Act to arrest for any offense against the United States;
            (2) section 287(a)(5)(B) of the Immigration and Nationality 
        Act to arrest for any felony;
            (3) section 274(a) of the Immigration and Nationality Act 
        to arrest for bringing in, transporting, or harboring certain 
        aliens, or inducing them to enter;
            (4) section 287(a) of the Immigration and Nationality Act 
        to execute warrants of arrest for administrative immigration 
        violations issued under section 236 of the Act or to execute 
        warrants of criminal arrest issued under the authority of the 
        United States; and
            (5) section 287(a) of the Act to carry firearms, provided 
        that they are individually qualified by training and experience 
        to handle and safely operate the firearms they are permitted to 
        carry, maintain proficiency in the use of such firearms, and 
        adhere to the provisions of the enforcement standard governing 
        the use of force.
    (b) Pay.--Immigration enforcement agents shall be paid on the same 
scale as Immigration and Customs Enforcement deportation officers and 
shall receive the same benefits.

SEC. 206. ICE DETENTION ENFORCEMENT OFFICERS.

    (a) Authorization.--The Secretary is authorized to hire 2,500 
Immigration and Customs Enforcement detention enforcement officers.
    (b) Duties.--Detention enforcement officers who have successfully 
completed detention enforcement officers' basic training shall be 
responsible for--
            (1) taking and maintaining custody of any person who has 
        been arrested by an immigration officer;
            (2) transporting and guarding immigration detainees;
            (3) securing ICE detention facilities; and
            (4) assisting in the processing of detainees.

SEC. 207. ADDITIONAL ICE DEPORTATION OFFICERS AND SUPPORT STAFF.

    (a) In General.--The Secretary shall, subject to the availability 
of appropriations for such purpose, increase the number of positions 
for full-time active-duty Immigration and Customs Enforcement 
deportation officers by 5,000 above the number of full-time positions 
for which funds were appropriated for fiscal year 2013.
    (b) Support Staff.--The Secretary shall, subject to the 
availability of appropriations for such purpose, increase the number of 
positions for full-time support staff for Immigration and Customs 
Enforcement deportation officers by 700 above the number of full-time 
positions for which funds were appropriated for fiscal year 2013.

SEC. 208. ASSISTING GANG AND DRUG TASK FORCES.

    The Secretary shall assign at least one Immigration and Customs 
Enforcement deportation officer or immigration enforcement agent to 
serve as a member of any State or local gang or drug task force--
            (1) if the task force requests such assistance in writing 
        to an ICE field office; and
            (2) for as long as the task force remains active and wants 
        such assistance.

SEC. 209. PROTECTING COMMUNITIES.

    (a) Prisons and Jails.--The Secretary shall assign an Immigration 
and Customs Enforcement deportation officer or immigration enforcement 
agent to every Federal, State, and County prison or jail facility.
    (b) Detainers.--Immigration and Customs Enforcement deportation 
officers and immigration enforcement agents assigned to a prison or 
jail facility are required to place a detainer on every alien they 
determine is unlawfully present in the United States.

SEC. 210. PROTECTING PUBLIC SAFETY AND REMOVING CRIMINAL ALIENS.

    (a) Notices To Appear.--Notwithstanding any other provision of law, 
immigration officers who encounter, under any circumstances, an alien 
listed in subsection (b) of this section are required to process such 
aliens and refer them for removal proceedings by issuing a Notice to 
Appear.
    (b) Aliens Covered.--Aliens covered by subsection (a) of this 
section include any alien who is unlawfully present in the United 
States, whether such alien entered without inspection or violated the 
terms of admission, and who:
            (1) Has been convicted of any felony;
            (2) Has been convicted of any two or more misdemeanors;
            (3) Has been convicted of a crime involving moral 
        turpitude;
            (4) Has been convicted of any felony or misdemeanor 
        involving the operation of a vehicle while under the influence 
        of alcohol or drugs;
            (5) Has been convicted of any felony or misdemeanor 
        involving domestic violence, sexual assault, or sexual abuse of 
        a child;
            (6) Has a known or suspected gang affiliation;
            (7) Assaults any law enforcement officer; or
            (8) Poses a risk to public safety or national security.

SEC. 211. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.

    (a) In General.--The Secretary shall establish a pilot program in 
at least five of the 10 Immigration and Customs Enforcement field 
offices with the largest removal caseloads to allow Immigration and 
Customs deportation officers and immigration enforcement agents to--
            (1) electronically process and serve charging documents, 
        including Notices to Appear, while in the field; and
            (2) electronically process and place detainers while in the 
        field.
    (b) Duties.--The pilot program described in subsection (a) shall be 
designed to allow deportation officers and immigration enforcement 
agents to use handheld or vehicle-mounted computers to--
            (1) enter any required data, including personal information 
        about the alien subject and the reason for issuing the 
        document;
            (2) apply the electronic signature of the issuing officer 
        or agent;
            (3) set the date the alien is required to appear before an 
        immigration judge, in the case of Notices to Appear;
            (4) print any documents the alien subject may be required 
        to sign, along with additional copies of documents to be served 
        on the alien; and
            (5) interface with the ENFORCE database so that all data is 
        stored and retrievable.
    (c) Construction.--The pilot program described in subsection (a) 
shall be designed to replace, to the extent possible, the current 
paperwork and data-entry process used for issuing such charging 
documents and detainers.
    (d) Deadline.--The Secretary shall initiate the pilot program 
described in subsection (a) within 6 months of the date of enactment of 
this Act.
    (e) Report.--The Government Accountability Office shall report to 
the Judiciary Committee of the Senate and the House of Representatives 
no later than 18 months after the date of enactment of this Act on the 
effectiveness of the pilot program and provide recommendations for 
improving it.
    (f) Advisory Council.--The ICE Advisory Council established by 
section 217 of this Act shall include an recommendations on how the 
pilot program should work in the first quarterly report of the Council, 
and shall include assessments of the program and recommendations for 
improvement in each subsequent report.

SEC. 212. RESTRICTING VISAS FOR COUNTRIES THAT REFUSE TO REPATRIATE 
              THEIR NATIONALS.

    (a) Penalties Related to Removal.--Section 243 of the Immigration 
and Nationality Act (8 U.S.C. 1253) is amended by striking subsection 
(d).
    (b) Countries to Which Aliens May Be Removed.--Section 241(b) of 
the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended by 
adding at the end the following:
            ``(4) Discontinuing granting certain visas and denying 
        admission to nationals of country denying or delaying accepting 
        aliens.--
                    ``(A) Discontinuing granting visas.--Except as 
                provided under subparagraph (C), if a country is listed 
                in the most recent quarterly report submitted by the 
                Secretary of Homeland Security to the Congress under 
                subparagraph (E), the Secretary of State may not issue 
                a nonimmigrant visa pursuant to section 101(a)(15) to a 
                citizen, subject, national, or resident of such country 
                until--
                            ``(i) the Secretary of Homeland Security 
                        notifies the Secretary of State that the 
                        country should no longer be so listed; or
                            ``(ii) each alien listed in the report with 
                        respect to such country has otherwise been 
                        removed from the United States.
                    ``(B) Denying admission to nationals and foreign 
                government officials.--Except as provided under 
                subparagraph (C), if a country is listed in the most 
                recent quarterly report submitted by the Secretary of 
                Homeland Security to the Congress under subparagraph 
                (E), the Secretary of Homeland Security, in 
                consultation with the Secretary of State, shall deny 
                admission to any citizen, subject, national, or 
                resident of that country who has received a 
                nonimmigrant visa pursuant to section 101(a)(15).
                    ``(C) Exception.--Subparagraphs (A) and (B) do not 
                apply if the Secretary of State determines that the 
                life or freedom of the visa applicant or individual 
                seeking admission would be threatened in the country 
                listed under subparagraph (E).
                    ``(D) Effect of unauthorized issuance.--Any visa 
                issued in violation of this paragraph shall be null and 
                void.
                    ``(E) Quarterly reports.--Not later than 90 days 
                after the date of the enactment of this Act, and every 
                3 months thereafter, the Secretary of Homeland Security 
                shall submit a report to the Congress that--
                            ``(i) lists all the countries that deny or 
                        unreasonably delay the acceptance of at least 
                        10 percent of the total number of aliens who--
                                    ``(I) are physically present in the 
                                United States;
                                    ``(II) are a citizen, subject, 
                                national, or resident of such country; 
                                and
                                    ``(III) have received a final order 
                                of removal; and
                            ``(ii) includes the total number of aliens 
                        described under clause (i), organized by--
                                    ``(I) name;
                                    ``(II) country;
                                    ``(III) detention status; and
                                    ``(IV) criminal status.
                    ``(F) Compliance with repatriation.--If the 
                Secretary of Homeland Security determines that a 
                country listed in the quarterly report under 
                subparagraph (E) has accepted each alien listed with 
                respect to that country under subparagraph (E)(ii), the 
                country shall be removed from the list in the next 
                quarterly report submitted under subparagraph (E) and 
                shall not be subject to the sanctions described in this 
                paragraph, unless subparagraph (E) applies to such 
                country with respect to another alien.
                    ``(G) Denies or unreasonably delays.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), in this paragraph, a country 
                        `denies or unreasonably delays' the acceptance 
                        of an alien who is a citizen, subject, 
                        national, or resident of the country if the 
                        country does not accept the alien within the 
                        removal period.
                            ``(ii) Alien that may not be removed.--For 
                        purposes of clause (i), a country does not deny 
                        or unreasonably delay the acceptance of an 
                        alien who is a citizen, subject, national, or 
                        resident of the country if such alien may not 
                        be removed pursuant to this section.''.

SEC. 213. ADDITIONAL ICE DETENTION SPACE.

    (a) In General.--The Secretary of Homeland Security shall make 
arrangements for the availability of 10,000 additional beds for 
detaining aliens taken into custody by immigration officials.
    (b) Implementation.--Efforts shall be made to--
            (1) contract private facilities whenever possible to 
        promote efficient use and to limit the Federal Government's 
        maintenance of and liability for additional infrastructure;
            (2) utilize State and local facilities for the provision of 
        additional beds; and
            (3) utilize BRAC facilities or active duty facilities.
    (c) Construction.--The Department of Homeland Security shall 
construct facilities as necessary to meet the remainder of the 10,000 
new beds to be provided.

SEC. 214. ADDITIONAL IMMIGRATION JUDGESHIPS AND LAW CLERKS.

    (a) Judgeships.--The Attorney General shall create and fill twenty 
additional Immigration Judgeships within 6 months after the date of 
enactment of this Act.
    (b) Clerkships.--The Attorney General shall also ensure that for 
every 2 Immigration Judges there shall be no fewer than one law clerk 
dedicated to assisting Immigration Judges.

SEC. 215. ADDITIONAL ICE PROSECUTORS.

    The Secretary shall increase by sixty the number of full-time trial 
attorneys working for the Immigration and Customs Enforcement Office of 
the Principal Legal Advisor.

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

    (a) Body Armor.--The Secretary shall ensure that every Immigration 
and Customs Enforcement deportation officer and immigration enforcement 
agent on duty is issued high-quality body armor that is appropriate for 
the climate and risks faced by the agent. Enough body armor must be 
purchased to cover every agent in the field.
    (b) Weapons.--The Secretary shall ensure that Immigration and 
Customs Enforcement deportation officers and immigration enforcement 
agents are equipped with weapons that are reliable and effective to 
protect themselves, their fellow agents, and innocent third parties 
from the threats posed by armed criminals. Such weapons shall include, 
at a minimum, standard-issue handguns, M-4 (or equivalent) rifles, and 
Tasers.

SEC. 217. ICE ADVISORY COUNCIL.

    (a) Establishment.--An ICE Advisory Council shall be established 
within 3 months of enactment of this Act.
    (b) Membership.--The ICE Advisor Council shall be comprised of 
seven members.
            (1) Members are to be appointed in the following manner:
                    (A) One member shall be appointed by the President;
                    (B) One member shall be appointed by the Chairman 
                of the Judiciary Committee of the House of 
                Representatives;
                    (C) One member shall be appointed by the Chairman 
                of the Judiciary Committee of the Senate;
                    (D) One member shall be appointed by the Local 511, 
                the ICE prosecutor's union; and
                    (E) Three members shall be appointed by the 
                National Immigration and Customs Enforcement Council.
            (2) Members shall serve renewable, 2-year terms.
            (3) Membership shall be voluntary and non-remunerated, 
        except that members will receive reimbursement from ICE for 
        travel and other related expenses.
            (4) Members who are employed by ICE shall be protected from 
        retaliation by their supervisors, managers, and other DHS 
        employees for their participation on the Council.
    (c) Purpose.--The purpose of the Council is to advise the Congress 
and the Director of Immigration and Customs Enforcement on issues 
including the following:
            (1) The current status of ICE immigration enforcement 
        efforts, including prosecutions and removals, the effectiveness 
        of such efforts, and how enforcement could be improved;
            (2) The effectiveness of cooperative efforts between ICE 
        and other law enforcement agencies, including additional types 
        of enforcement activities that ICE should be engaged in, such 
        as State and local criminal task forces;
            (3) Personnel, equipment, and other resource needs of ICE 
        field personnel;
            (4) Improvements that should be made to ICE's 
        organizational structure, including whether the position of 
        immigration enforcement agent should be merged into the 
        deportation officer position; and
            (5) The effectiveness of specific enforcement policies and 
        regulations promulgated by ICE Headquarters, and whether other 
        enforcement priorities should be considered.
    (d) Reports.--The Council shall provide quarterly reports to the 
Chairmen and Ranking Members of the Judiciary Committees of the Senate 
and the House of Representatives and to the Director of Immigration and 
Customs Enforcement. The Council members shall meet directly with the 
Chairmen and Ranking Members (or their designated representatives) and 
with the Director to discuss their reports every 6 months.

      TITLE III--GAINING OPERATIONAL CONTROL OF AMERICA'S BORDERS

SEC. 301. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

    (a) System.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall develop the biometric automated entry 
and exit control system required by Sec. 110 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208), 
which was duly enacted by Congress and signed into law.
    (b) Pilot Exit Programs.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall establish biometric exit 
pilot programs at a minimum of 10 land ports of entry, including at 
least two each in California, Arizona, New Mexico, and Texas, and at 
least two on the United States-Canada border.
    (c) Purpose.--Such pilot programs, at a minimum shall match all 
nonimmigrant visa holders who depart the United States through the 
pilot port with their initial entry into the United States and report 
whether they departed within the terms of their visas.
    (d) DHS Report.--The Secretary shall report to Congress no later 
than one year after the date of enactment of this Act, and every 6 
months thereafter, on the effectiveness of the pilot programs, 
including--
            (1) what percentage of aliens leaving the United States 
        through the pilot ports were tracked through the pilot;
            (2) what percentage of tracked aliens violated the duration 
        of their visas; and
            (3) the rate of visa compliance by nonimmigrant visa type.
    (e) GAO Report.--The General Accountability Office shall report to 
Congress no later than one year after the date of enactment of this Act 
on the effectiveness of the pilot programs and recommendations for 
improving their effectiveness and expanding them nationwide.

SEC. 302. MEASURING BORDER SECURITY.

    (a) In General.--The Department of Homeland Security shall assess 
the effectiveness of border enforcement strategies and tools by using 
the metric of ``operational control''.
    (b) Operational Control Defined.--In this section, the term 
``operational control'' means the prevention of all unlawful entries 
into the United States, including entries by terrorists, other unlawful 
aliens, instruments of terrorism, narcotics, and other contraband.
    (c) DHS Report.--Not later than 1 year after the date of the 
enactment of this Act and annually thereafter, the Secretary shall 
submit to Congress a report on the progress made toward achieving and 
maintaining operational control over the entire international land and 
maritime borders of the United States in accordance with this section.
    (d) GAO Report.--Not later than 1 year after the date of the 
enactment of this Act and annually thereafter, the General 
Accountability Office shall submit to Congress a report on the progress 
made toward achieving and maintaining operational control over the 
entire international land and maritime borders of the United States in 
accordance with this section.

SEC. 303. NATIONAL STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF AMERICA'S 
              BORDERS.

    (a) Requirement for National Strategy.--The Secretary, in 
consultation with the heads of other appropriate Federal agencies, 
shall develop a national strategy to secure the borders that describes 
actions to be carried out to achieve operational control over all ports 
of entry into the United States and the international land and maritime 
borders of the United States by December 31, 2015.
    (b) Content.--The national strategy to secure the borders shall 
include the following:
            (1) An assessment of the threats posed by terrorists and 
        terrorist groups that may try to infiltrate the United States 
        at locations along the international land and maritime borders 
        of the United States.
            (2) A risk assessment for all United States ports of entry 
        and all portions of the international land and maritime borders 
        of the United States that includes a description of activities 
        being undertaken--
                    (A) to prevent the entry of terrorists, other 
                unlawful aliens, instruments of terrorism, narcotics, 
                and other contraband into the United States; and
                    (B) to protect critical infrastructure at or near 
                such ports of entry or borders.
            (3) An assessment of the most appropriate, practical, and 
        cost-effective means of defending the international land and 
        maritime borders of the United States against threats to 
        security and illegal transit, including intelligence 
        capacities, technology, equipment, personnel, and training 
        needed to address security vulnerabilities.
            (4) An assessment of staffing needs for all border security 
        functions, taking into account threat and vulnerability 
        information pertaining to the borders and the impact of new 
        security programs, policies, and technologies.
            (5) A description of the border security roles and missions 
        of Federal Government, State government, local government, and 
        tribal authorities, and recommendations regarding actions the 
        Secretary can carry out to improve coordination with such 
        authorities to enable border security and enforcement 
        activities to be carried out in a more efficient and effective 
        manner.
            (6) An assessment of existing efforts and technologies used 
        for border security and the effect of the use of such efforts 
        and technologies on the safety, civil rights, private property 
        rights, privacy rights, and civil liberties, including the 
        effects on Americans living in the border region and local, 
        State, and Federal law enforcement officers working in the 
        border region.
            (7) A prioritized list of research and development 
        objectives to enhance the security of the international land 
        and maritime borders of the United States.
            (8) An assessment of additional detention facilities and 
        beds that are needed to detain unlawful aliens apprehended at 
        United States ports of entry or along the international land 
        borders of the United States.
            (9) A schedule for the implementation of the security 
        measures described in said strategy, including a prioritization 
        of security measures, realistic deadlines for addressing the 
        security and enforcement needs, an estimate of the resources 
        needed to carry out such measures, and a description of how 
        such resources should be allocated.
    (c) Consultation.--In developing the national strategy for border 
security, the Secretary shall consult with representatives of--
            (1) State, local, and tribal governmental authorities with 
        responsibility for locations along the international land and 
        maritime borders of the United States; and
            (2) appropriate private sector entities, nongovernmental 
        organizations, and affected communities that have expertise in 
        areas related to border security.
    (d) Coordination.--The national strategy for border security shall 
be consistent with the National Strategy for Maritime Security 
developed pursuant to Homeland Security Presidential Directive 13, 
dated December 21, 2004.
    (e) Submission to Congress.--
            (1) Strategy.--Not later than December 31, 2013, the 
        Secretary shall submit to Congress the national strategy to 
        achieve operational control of U.S. borders.
            (2) Updates.--The Secretary shall submit to Congress any 
        update of such strategy that the Secretary determines is 
        necessary, not later than 30 days after such update is 
        developed.
    (f) Immediate Action.--Nothing in this section may be construed to 
relieve the Secretary of the responsibility to take all actions 
necessary and appropriate to achieve and maintain immediate operational 
control over the entire international land and maritime borders of the 
United States.

SEC. 304. IMPROVING BORDER TECHNOLOGY.

    (a) Equipment Sharing Between Department of Homeland Security and 
Department of Defense.--The Secretaries of these 2 departments shall 
develop and implement a plan to use authorities provided to the 
Secretary of Defense under chapter 18 of title 10, United States Code, 
to increase the availability and use of Department of Defense 
equipment, including unmanned aerial vehicles, tethered aerostat 
radars, and other surveillance equipment, to assist the Secretary in 
carrying out surveillance activities conducted at or near the 
international land borders of the United States to prevent illegal 
immigration.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act (and then annually from that point), the Secretary and the 
Secretary of Defense shall submit to Congress a report that contains--
            (1) a description of the current use of Department of 
        Defense equipment to assist the Secretary in carrying out 
        surveillance of the international land borders of the United 
        States and assessment of the potential risks to citizens of the 
        United States and key foreign policy interests associated with 
        the use of such equipment;
            (2) the plan developed under subsection (a) to increase the 
        use of Department of Defense equipment to assist such 
        surveillance activities; and
            (3) a description of the types of equipment and other 
        support to be provided by the Secretary of Defense under such 
        plan during the 1-year period beginning on the date of the 
        submission of the report.
    (c) Secure Communication.--The secretary shall, as expeditiously as 
practicable, develop and implement a plan to improve the use of 
satellite communications and other technologies to ensure clear and 
secure 2-way communication capabilities--
            (1) among all Border Patrol agents conducting operations 
        between ports of entry;
            (2) between Border Patrol agents and their respective 
        Border Patrol stations; and
            (3) between all appropriate law enforcement agencies of the 
        Department and State, local, and tribal law enforcement 
        agencies.
    (d) Other Technology Upgrades.--The Secretary shall purchase and 
implement new technology to secure the borders, including, but not 
limited to drones, infrared cameras, sensors, mobile lighting units, 
radar and infrared heat.

SEC. 305. ENSURING THE SAFETY OF BORDER PATROL AGENTS.

    (a) Body Armor.--The Secretary shall ensure that every agent on 
duty is issued high-quality body armor that is appropriate for the 
climate and risks faced by the agent. Enough body armor must be 
purchased to cover every agent in the field.
    (b) Weapons.--The Secretary shall ensure that agents are equipped 
with weapons, including long-guns, that are reliable and effective to 
protect themselves, their fellow agents, and innocent third parties 
from the threats posed by armed criminals. The Secretary shall ensure 
that the policies of the Department authorize all agents to carry 
weapons that are suited to the potential threats that they face, and 
that all agents receive appropriate training in the use of such 
weapons.
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