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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2278 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2278

To amend the Immigration and Nationality Act to improve immigration law 
  enforcement within the interior of the United States, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2013

Mr. Gowdy (for himself, Mr. Goodlatte, Mr. Smith of Texas, Mr. Forbes, 
 Mrs. Blackburn, Mr. Bishop of Utah, Mr. Coble, Mr. Poe of Texas, Mr. 
   Westmoreland, Mr. Chaffetz, Mr. Sensenbrenner, Mrs. Bachmann, Mr. 
 Collins of Georgia, Mr. Woodall, Mr. Mulvaney, Mr. Franks of Arizona, 
Mr. Pearce, Mr. DeSantis, Mr. Chabot, and Mr. Labrador) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
 and in addition to the Committees on Homeland Security, Agriculture, 
 and Natural Resources, 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 immigration law 
  enforcement within the interior of the United States, 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.

    This Act may be cited as the ``Strengthen and Fortify Enforcement 
Act'' or the ``SAFE Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
     TITLE I--IMMIGRATION LAW ENFORCEMENT BY STATES AND LOCALITIES

Sec. 101. Definitions and severability.
Sec. 102. Immigration law enforcement by States and localities.
Sec. 103. Listing of immigration violators in the national crime 
                            information center database.
Sec. 104. Technology access.
Sec. 105. State and local law enforcement provision of information 
                            about apprehended aliens.
Sec. 106. Financial assistance to State and local police agencies that 
                            assist in the enforcement of immigration 
                            laws.
Sec. 107. Increased Federal detention space.
Sec. 108. Federal custody of inadmissible and deportable aliens in the 
                            United States apprehended by State or local 
                            law enforcement.
Sec. 109. Training of State and local law enforcement personnel 
                            relating to the enforcement of immigration 
                            laws.
Sec. 110. Immunity.
Sec. 111. Criminal alien identification program.
Sec. 112. Clarification of congressional intent.
Sec. 113. State criminal alien assistance program (SCAAP).
Sec. 114. State violations of enforcement of immigration laws.
Sec. 115. Clarifying the authority of ICE detainers.
                      TITLE II--NATIONAL SECURITY

Sec. 201. Removal of, and denial of benefits to, terrorist aliens.
Sec. 202. Terrorist bar to good moral character.
Sec. 203. Terrorist bar to naturalization.
Sec. 204. Denaturalization for terrorists.
Sec. 205. Use of 1986 IRCA legalization information for national 
                            security purposes.
Sec. 206. Background and security checks.
Sec. 207. Technical amendments relating to the Intelligence Reform and 
                            Terrorism Prevention Act of 2004.
                 TITLE III--REMOVAL OF CRIMINAL ALIENS

Sec. 301. Definition of aggravated felony and conviction.
Sec. 302. Precluding admissibility of aliens convicted of aggravated 
                            felonies or other serious offenses.
Sec. 303. Espionage clarification.
Sec. 304. Prohibition of the sale of firearms to, or the possession of 
                            firearms by, certain aliens.
Sec. 305. Uniform statute of limitations for certain immigration, 
                            naturalization, and peonage offenses.
Sec. 306. Conforming amendment to the definition of racketeering 
                            activity.
Sec. 307. Conforming amendments for the aggravated felony definition.
Sec. 308. Precluding refugee or asylee adjustment of status for 
                            aggravated felons.
Sec. 309. Inadmissibility and deportability of drunk drivers.
Sec. 310. Detention of dangerous aliens.
Sec. 311. Grounds of inadmissibility and deportability for alien gang 
                            members.
Sec. 312. Extension of identity theft offenses.
Sec. 313. Laundering of monetary instruments.
Sec. 314. Increased criminal penalties relating to alien smuggling and 
                            related offenses.
Sec. 315. Penalties for illegal entry.
Sec. 316. Illegal reentry.
Sec. 317. Reform of passport, visa, and immigration fraud offenses.
Sec. 318. Forfeiture.
Sec. 319. Expedited removal for aliens inadmissible on criminal or 
                            security grounds.
Sec. 320. Increased penalties barring the admission of convicted sex 
                            offenders failing to register and requiring 
                            deportation of sex offenders failing to 
                            register.
Sec. 321. Protecting immigrants from convicted sex offenders.
Sec. 322. Clarification to crimes of violence and crimes involving 
                            moral turpitude.
Sec. 323. Penalties for failure to obey removal orders.
Sec. 324. Pardons.
                        TITLE IV--VISA SECURITY

Sec. 401. Cancellation of additional visas.
Sec. 402. Visa information sharing.
Sec. 403. Restricting waiver of visa interviews.
Sec. 404. Authorizing the Department of State to not interview certain 
                            ineligible visa applicants.
Sec. 405. Visa refusal and revocation.
Sec. 406. Funding for the visa security program.
Sec. 407. Expeditious expansion of visa security program to high-risk 
                            posts.
Sec. 408. Expedited clearance and placement of Department of Homeland 
                            Security personnel at overseas embassies 
                            and consular posts.
Sec. 409. Increased criminal penalties for student visa integrity.
Sec. 410. Accreditation requirements.
Sec. 411. Visa fraud.
Sec. 412. Background checks.
Sec. 413. Flight schools not certified by FAA.
Sec. 414. Revocation of accreditation.
Sec. 415. Report on risk assessment.
Sec. 416. Implementation of GAO recommendations.
Sec. 417. Implementation of SEVIS II.
Sec. 418. Definitions.
   TITLE V--AID TO U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICERS

Sec. 501. ICE immigration enforcement agents.
Sec. 502. ICE detention enforcement officers.
Sec. 503. Ensuring the safety of ICE officers and agents.
Sec. 504. ICE Advisory Council.
Sec. 505. Pilot program for electronic field processing.
Sec. 506. Additional ICE deportation officers and support staff.
Sec. 507. Additional ICE prosecutors.
             TITLE VI--MISCELLANEOUS ENFORCEMENT PROVISIONS

Sec. 601. Encouraging aliens to depart voluntarily.
Sec. 602. Deterring aliens ordered removed from remaining in the United 
                            States unlawfully.
Sec. 603. Reinstatement of removal orders.
Sec. 604. Clarification with respect to definition of admission.
Sec. 605. Reports to Congress on the exercise and abuse of 
                            prosecutorial discretion.
Sec. 606. Waiver of Federal laws with respect to border security 
                            actions on Department of the Interior and 
                            Department of Agriculture lands.

     TITLE I--IMMIGRATION LAW ENFORCEMENT BY STATES AND LOCALITIES

SEC. 101. DEFINITIONS AND SEVERABILITY.

    (a) State Defined.--For the purposes of this title, the term 
``State'' has the meaning given to such term in section 101(a)(36) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).
    (b) Secretary Defined.--For the purpose of this title, the term 
``Secretary'' means the Secretary of Homeland Security.
    (c) Severability.--If any provision of this title, or the 
application of such provision to any person or circumstance, is held 
invalid, the remainder of this title, and the application of such 
provision to other persons not similarly situated or to other 
circumstances, shall not be affected by such invalidation.

SEC. 102. IMMIGRATION LAW ENFORCEMENT BY STATES AND LOCALITIES.

    (a) In General.--Subject to section 274A(h)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)(2)), States, or political 
subdivisions of States, may enact, implement and enforce criminal 
penalties that penalize the same conduct that is prohibited in the 
criminal provisions of immigration laws (as defined in section 
101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))), as long as the criminal penalties do not exceed the 
relevant Federal criminal penalties. States, or political subdivisions 
of States, may enact, implement and enforce civil penalties that 
penalize the same conduct that is prohibited in the civil violations of 
immigration laws (as defined in such section 101(a)(17)), as long as 
the civil penalties do not exceed the relevant Federal civil penalties.
    (b) Law Enforcement Personnel.--Law enforcement personnel of a 
State, or of a political subdivision of a State, may investigate, 
identify, apprehend, arrest, detain, or transfer to Federal custody 
aliens for the purposes of enforcing the immigration laws of the United 
States to the same extent as Federal law enforcement personnel. Law 
enforcement personnel of a State, or of a political subdivision of a 
State, may also investigate, identify, apprehend, arrest, or detain 
aliens for the purposes of enforcing the immigration laws of a State or 
of a political subdivision of State, as long as those immigration laws 
are permissible under this section. Law enforcement personnel of a 
State, or of a political subdivision of a State, may not remove aliens 
from the United States.

SEC. 103. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the NCIC.--Not later than 180 days 
after the date of the enactment of this Act and periodically thereafter 
as updates may require, the Secretary shall provide the National Crime 
Information Center of the Department of Justice with all information 
that the Secretary may possess regarding any alien against whom a final 
order of removal has been issued, any alien who has entered into a 
voluntary departure agreement, any alien who has overstayed their 
authorized period of stay, and any alien whose visas has been revoked. 
The National Crime Information Center shall enter such information into 
the Immigration Violators File of the National Crime Information Center 
database, regardless of whether--
            (1) the alien received notice of a final order of removal;
            (2) the alien has already been removed; or
            (3) sufficient identifying information is available with 
        respect to the alien.
    (b) Inclusion of Information in the NCIC Database.--
            (1) In general.--Section 534(a) of title 28, United States 
        Code, is amended--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (4) as paragraph 
                (5); and
                    (C) by inserting after paragraph (3) the following:
            ``(4) acquire, collect, classify, and preserve records of 
        violations by aliens of the immigration laws of the United 
        States, regardless of whether any such alien has received 
        notice of the violation or whether sufficient identifying 
        information is available with respect to any such alien or 
        whether any such alien has already been removed from the United 
        States; and''.
            (2) Effective date.--The Attorney General and the Secretary 
        shall ensure that the amendment made by paragraph (1) is 
        implemented by not later than 6 months after the date of the 
        enactment of this Act.

SEC. 104. TECHNOLOGY ACCESS.

    States shall have access to Federal programs or technology directed 
broadly at identifying inadmissible or deportable aliens.

SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION 
              ABOUT APPREHENDED ALIENS.

    (a) Provision of Information.--In compliance with section 642(a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) and section 434 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and 
each political subdivision of a State, shall provide the Secretary of 
Homeland Security in a timely manner with the information specified in 
subsection (b) with respect to each alien apprehended in the 
jurisdiction of the State, or in the political subdivision of the 
State, who is believed to be inadmissible or deportable.
    (b) Information Required.--The information referred to in 
subsection (a) is as follows:
            (1) The alien's name.
            (2) The alien's address or place of residence.
            (3) A physical description of the alien.
            (4) The date, time, and location of the encounter with the 
        alien and reason for stopping, detaining, apprehending, or 
        arresting the alien.
            (5) If applicable, the alien's driver's license number and 
        the State of issuance of such license.
            (6) If applicable, the type of any other identification 
        document issued to the alien, any designation number contained 
        on the identification document, and the issuing entity for the 
        identification document.
            (7) If applicable, the license plate number, make, and 
        model of any automobile registered to, or driven by, the alien.
            (8) A photo of the alien, if available or readily 
        obtainable.
            (9) The alien's fingerprints, if available or readily 
        obtainable.
    (c) Annual Report on Reporting.--The Secretary shall maintain and 
annually submit to the Congress a detailed report listing the States, 
or the political subdivisions of States, that have provided information 
under subsection (a) in the preceding year.
    (d) Reimbursement.--The Secretary shall reimburse States, and 
political subdivisions of a State, for all reasonable costs, as 
determined by the Secretary, incurred by the State, or the political 
subdivision of a State, as a result of providing information under 
subsection (a).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (f) Construction.--Nothing in this section shall require law 
enforcement officials of a State, or of a political subdivision of a 
State, to provide the Secretary with information related to a victim of 
a crime or witness to a criminal offense.
    (g) Effective Date.--This section shall take effect on the date 
that is 120 days after the date of the enactment of this Act and shall 
apply with respect to aliens apprehended on or after such date.

SEC. 106. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT 
              ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Grants for Special Equipment for Housing and Processing Certain 
Aliens.--From amounts made available to make grants under this section, 
the Secretary shall make grants to States, and to political 
subdivisions of States, for procurement of equipment, technology, 
facilities, and other products that facilitate and are directly related 
to investigating, apprehending, arresting, detaining, or transporting 
aliens who are inadmissible or deportable, including additional 
administrative costs incurred under this title.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a State, or a political subdivision of a State, must have the 
authority to, and shall have a written policy and a practice to, assist 
in the enforcement of the immigration laws of the United States in the 
course of carrying out the routine law enforcement duties of such State 
or political subdivision of a State. Entities covered under this 
section may not have any policy or practice that prevents local law 
enforcement from inquiring about a suspect's immigration status.
    (c) Funding.--There is authorized to be appropriated for grants 
under this section such sums as may be necessary for fiscal year 2014 
and each subsequent fiscal year.
    (d) GAO Audit.--Not later than 3 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct an audit of funds distributed to States, and to political 
subdivisions of a State, under subsection (a).

SEC. 107. INCREASED FEDERAL DETENTION SPACE.

    (a) Construction or Acquisition of Detention Facilities.--
            (1) In general.--The Secretary shall construct or acquire, 
        in addition to existing facilities for the detention of aliens, 
        detention facilities in the United States, for aliens detained 
        pending removal from the United States or a decision regarding 
        such removal. Each facility shall have a number of beds 
        necessary to effectuate this purposes of this title.
            (2) Determinations.--The location of any detention facility 
        built or acquired in accordance with this subsection shall be 
        determined by the Secretary.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (c) Technical and Conforming Amendment.--Section 241(g)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by 
striking ``may expend'' and inserting ``shall expend''.

SEC. 108. FEDERAL CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS IN THE 
              UNITED STATES APPREHENDED BY STATE OR LOCAL LAW 
              ENFORCEMENT.

    (a) State Apprehension.--
            (1) In general.--Title II of the Immigration and 
        Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting 
        after section 240C the following:

 ``custody of inadmissible and deportable aliens present in the united 
                                 states

    ``Sec. 240D.  (a) Transfer of Custody by State and Local 
Officials.--If a State, or a political subdivision of the State, 
exercising authority with respect with respect to the apprehension or 
arrest of an inadmissible or deportable alien submits to the Secretary 
of Homeland Security a request that the alien be taken into Federal 
custody, notwithstanding any other provision of law, regulation, or 
policy the Secretary--
    ``(1) shall take the alien into custody not later than 48 hours 
after the detainer has been issued following the conclusion of the 
State or local charging process or dismissal process, or if no State or 
local charging or dismissal process is required, the Secretary should 
issue a detainer and take the alien into custody not later than 48 
hours after the alien is apprehended; and
    ``(2) shall request that the relevant State or local law 
enforcement agency temporarily hold the alien in their custody or 
transport the alien for transfer to Federal custody.
    ``(b) Policy on Detention in Federal, Contract, State, or Local 
Detention Facilities.--In carrying out section 241(g)(1), the Attorney 
General or Secretary of Homeland Security shall ensure that an alien 
arrested under this title shall be held in custody, pending the alien's 
examination under this section, in a Federal, contract, State, or local 
prison, jail, detention center, or other comparable facility. 
Notwithstanding any other provision of law, regulation or policy, such 
facility is adequate for detention, if--
            ``(1) such a facility is the most suitably located Federal, 
        contract, State, or local facility available for such purpose 
        under the circumstances;
            ``(2) an appropriate arrangement for such use of the 
        facility can be made; and
            ``(3) the facility satisfies the standards for the housing, 
        care, and security of persons held in custody by a United 
        States Marshal.
    ``(c) Reimbursement.--The Secretary of Homeland Security shall 
reimburse a State, and a political subdivision of a State, for all 
reasonable expenses, as determined by the Secretary, incurred by the 
State, or political subdivision, as a result of the incarceration and 
transportation of an alien who is inadmissible or deportable as 
described in subsections (a) and (b). Compensation provided for costs 
incurred under such subsections shall be the average cost of 
incarceration of a prisoner in the relevant State, as determined by the 
chief executive officer of a State, or of a political subdivision of a 
State, plus the cost of transporting the alien from the point of 
apprehension to the place of detention, and to the custody transfer 
point if the place of detention and place of custody are different.
    ``(d) Secure Facilities.--The Secretary of Homeland Security shall 
ensure that aliens incarcerated pursuant to this title are held in 
facilities that provide an appropriate level of security.
    ``(e) Transfer.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security shall establish a regular 
        circuit and schedule for the prompt transfer of apprehended 
        aliens from the custody of States, and political subdivisions 
        of a State, to Federal custody.
            ``(2) Contracts.--The Secretary may enter into contracts, 
        including appropriate private contracts, to implement this 
        subsection.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 240C 
        the following new item:

``Sec. 240D. Custody of aliens unlawfully present in the United 
                            States.''.
    (b) GAO Audit.--Not later than 3 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct an audit of compensation to States, and to political 
subdivisions of a State, for the incarceration of inadmissible or 
deportable aliens under section 240D(a) of the Immigration and 
Nationality Act (as added by subsection (a)(1)).
    (c) Effective Date.--Section 240D of the Immigration and 
Nationality Act, as added by subsection (a), shall take effect on the 
date of the enactment of this Act, except that subsection (e) of such 
section shall take effect on the date that is 120 day after the date of 
the enactment of this Act.

SEC. 109. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL 
              RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Establishment of Training Manual and Pocket Guide.--Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary shall establish--
            (1) a training manual for law enforcement personnel of a 
        State, or of a political subdivision of a State, to train such 
        personnel in the investigation, identification, apprehension, 
        arrest, detention, and transfer to Federal custody of 
        inadmissible and deportable aliens in the United States 
        (including the transportation of such aliens across State lines 
        to detention centers and the identification of fraudulent 
        documents); and
            (2) an immigration enforcement pocket guide for law 
        enforcement personnel of a State, or of a political subdivision 
        of a State, to provide a quick reference for such personnel in 
        the course of duty.
    (b) Availability.--The training manual and pocket guide established 
in accordance with subsection (a) shall be made available to all State 
and local law enforcement personnel.
    (c) Applicability.--Nothing in this section shall be construed to 
require State or local law enforcement personnel to carry the training 
manual or pocket guide with them while on duty.
    (d) Costs.--The Secretary shall be responsible for any costs 
incurred in establishing the training manual and pocket guide.
    (e) Training Flexibility.--
            (1) In general.--The Secretary shall make training of State 
        and local law enforcement officers available through as many 
        means as possible, including through residential training at 
        the Center for Domestic Preparedness, onsite training held at 
        State or local police agencies or facilities, online training 
        courses by computer, teleconferencing, and videotape, or the 
        digital video display (DVD) of a training course or courses. E-
        learning through a secure, encrypted distributed learning 
        system that has all its servers based in the United States, is 
        scalable, survivable, and can have a portal in place not later 
        than 30 days after the date of the enactment of this Act, shall 
        be made available by the Federal Law Enforcement Training 
        Center Distributed Learning Program for State and local law 
        enforcement personnel.
            (2) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section shall not 
        displace the training of Federal personnel.
            (3) Clarification.--Nothing in this title or any other 
        provision of law shall be construed as making any immigration-
        related training a requirement for, or prerequisite to, any 
        State or local law enforcement officer to assist in the 
        enforcement of Federal immigration laws.
            (4) Priority.--In carrying out this subsection, priority 
        funding shall be given for existing web-based immigration 
        enforcement training systems.

SEC. 110. IMMUNITY.

    Notwithstanding any other provision of law, a law enforcement 
officer of a State or local law enforcement agency who is acting within 
the scope of the officer's official duties shall be immune, to the same 
extent as a Federal law enforcement officer, from personal liability 
arising out of the performance of any duty described in this title, 
including the authorities to investigate, identify, apprehend, arrest, 
detain, or transfer to Federal custody, an alien for the purposes of 
enforcing the immigration laws of the United States (as defined in 
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17)) or the immigration laws of a State or a political 
subdivision of a State.

SEC. 111. CRIMINAL ALIEN IDENTIFICATION PROGRAM.

    (a) Continuation and Expansion.--
            (1) In general.--The Secretary shall continue to operate 
        and implement a program that--
                    (A) identifies removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensures such aliens are not released into the 
                community; and
                    (C) removes such aliens from the United States 
                after the completion of their sentences.
            (2) Expansion.--The program shall be extended to all 
        States. Any State that receives Federal funds for the 
        incarceration of criminal aliens (pursuant to the State 
        Criminal Alien Assistance Program authorized under section 
        241(i) of the Immigration and Nationality Act (8 U.S.C. 
        1231(i)) or other similar program) shall--
                    (A) cooperate with officials of the program;
                    (B) expeditiously and systematically identify 
                criminal aliens in its prison and jail populations; and
                    (C) promptly convey such information to officials 
                of such program as a condition of receiving such funds.
    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--Law enforcement officers of a State, or of a 
political subdivision of a State, are authorized to--
            (1) hold a criminal alien for a period of up to 14 days 
        after the alien has completed the alien's sentence under State 
        or local law in order to effectuate the transfer of the alien 
        to Federal custody when the alien is inadmissible or 
        deportable; or
            (2) issue a detainer that would allow aliens who have 
        served a prison sentence under State or local law to be 
        detained by the State or local prison or jail until the 
        Secretary can take the alien into custody.
    (c) Technology Usage.--Technology, such as video conferencing, 
shall be used to the maximum extent practicable in order to make the 
program available in remote locations. Mobile access to Federal 
databases of aliens and live scan technology shall be used to the 
maximum extent practicable in order to make these resources available 
to State and local law enforcement agencies in remote locations.
    (d) Effective Date.--This section shall take effect of the date of 
the enactment of this Act, except that subsection (a)(2) shall take 
effect on the date that is 180 days after such date.

SEC. 112. CLARIFICATION OF CONGRESSIONAL INTENT.

    Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) is amended--
            (1) in paragraph (1) by striking ``may enter'' and all that 
        follows through the period at the end and inserting the 
        following: ``shall enter into a written agreement with a State, 
        or any political subdivision of a State, upon request of the 
        State or political subdivision, pursuant to which an officer or 
        employee of the State or subdivision, who is determined by the 
        Secretary to be qualified to perform a function of an 
        immigration officer in relation to the investigation, 
        apprehension, or detention of aliens in the United States 
        (including the transportation of such aliens across State lines 
        to detention centers), may carry out such function at the 
        expense of the State or political subdivision and to extent 
        consistent with State and local law. No request from a bona 
        fide State or political subdivision or bona fide law 
        enforcement agency shall be denied absent good cause. No limit 
        on the number of agreements under this subsection may be 
        imposed. The Secretary shall process requests for such 
        agreements with all due haste, and in no case shall take not 
        more than 90 days from the date the request is made until the 
        agreement is consummated.'';
            (2) by redesignating paragraph (2) as paragraph (5) and 
        paragraphs (3) through (10) as paragraphs (7) through (14), 
        respectively;
            (3) by inserting after paragraph (1) the following:
    ``(2) An agreement under this subsection shall accommodate a 
requesting State or political subdivision with respect to the 
enforcement model or combination of models, and shall accommodate a 
patrol model, task force model, jail model, any combination thereof, or 
any other reasonable model the State or political subdivision believes 
is best suited to the immigration enforcement needs of its 
jurisdiction.
    ``(3) No Federal program or technology directed broadly at 
identifying inadmissible or deportable aliens shall substitute for such 
agreements, including those establishing a jail model, and shall 
operate in addition to any agreement under this subsection.
    ``(4)(A) No agreement under this subsection shall be terminated 
without good cause.
    ``(B)(i) The Secretary shall provide a State or political 
subdivision written notice of intent to terminate at least 180 days 
prior to date of intended termination, and the notice shall fully 
explain the grounds for termination, along with providing evidence 
substantiating the Secretary's allegations.
    ``(ii) The State or political subdivision shall have the right to a 
hearing before an administrative law judge and, if the ruling is 
against the State or political subdivision, to appeal the ruling to the 
Federal Circuit Court of Appeals and, if the ruling is against the 
State or political subdivision, to the Supreme Court.
    ``(C) The agreement shall remain in full effect during the course 
of any and all legal proceedings.''; and
            (4) by inserting after paragraph (5) (as redesignated) the 
        following:
    ``(6) The Secretary of Homeland Security shall make training of 
State and local law enforcement officers available through as many 
means as possible, including through residential training at the Center 
for Domestic Preparedness and the Federal Law Enforcement Training 
Center, onsite training held at State or local police agencies or 
facilities, online training courses by computer, teleconferencing, and 
videotape, or the digital video display (DVD) of a training course or 
courses. Distance learning through a secure, encrypted distributed 
learning system that has all its servers based in the United States, is 
scalable, survivable, and can have a portal in place not later than 30 
days after the date of the enactment of this Act, shall be made 
available by the COPS Office of the Department of Justice and the 
Federal Law Enforcement Training Center Distributed Learning Program 
for State and local law enforcement personnel. Preference shall be 
given to private sector-based web-based immigration enforcement 
training programs for which the Federal Government has already provided 
support to develop.''.

SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

    Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended--
            (1) by striking ``Attorney General'' the first place such 
        term appears and inserting ``Secretary of Homeland Security'';
            (2) by striking ``Attorney General'' each place such term 
        appears thereafter and inserting ``Secretary'';
            (3) in paragraph (3)(A), by inserting ``charged with or'' 
        before ``convicted''; and
            (4) by amending paragraph (5) to read as follows:
            ``(5) There are authorized to be appropriated to carry out 
        this subsection such sums as may be necessary for fiscal year 
        2014 and each subsequent fiscal year.''.

SEC. 114. STATE VIOLATIONS OF ENFORCEMENT OF IMMIGRATION LAWS.

    (a) In General.--Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
            (1) by striking ``Immigration and Naturalization Service'' 
        in each place it appears and inserting ``Department of Homeland 
        Security'';
            (2) in subsection (a), by striking ``may'' and inserting 
        ``shall'';
            (3) in subsection (b)--
                    (A) by striking ``no person or agency may'' and 
                inserting ``a person or agency shall not'';
                    (B) by striking ``doing any of the following with 
                respect to information'' and inserting ``undertaking 
                any of the following law enforcement activities''; and
                    (C) by striking paragraphs (1) through (3) and 
                inserting the following:
            ``(1) Notifying the Federal Government regarding the 
        presence of inadmissible and deportable aliens who are 
        encountered by law enforcement personnel of a State or 
        political subdivision of a State.
            ``(2) Complying with requests for information from Federal 
        law enforcement.
            ``(3) Complying with detainers issued by the Department of 
        Homeland Security.
            ``(4) Issuing policies in the form of a resolutions, 
        ordinances, administrative actions, general or special orders, 
        or departmental policies that violate Federal law or restrict a 
        State or political subdivision of a State from complying with 
        Federal law or coordinating with Federal law enforcement.''; 
        and
            (4) by adding at the end the following:
    ``(d) Compliance.--
            ``(1) In general.--A State, or a political subdivision of a 
        State, that has in effect a statute, policy, or practice that 
        prohibits law enforcement officers of the State, or of a 
        political subdivision of the State, from assisting or 
        cooperating with Federal immigration law enforcement in the 
        course of carrying out the officers' routine law enforcement 
        duties shall not be eligible to receive--
                    ``(A) any of the funds that would otherwise be 
                allocated to the State or political subdivision under 
                section 241(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1231(i)) or the `Cops on the Beat' program 
                under part Q of title I of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (42 U.S.C. 3796dd et 
                seq.); or
                    ``(B) any other law enforcement or Department of 
                Homeland Security grant.
            ``(2) Annual determination.--The Secretary shall determine 
        annually which State or political subdivision of a State are 
        not in compliance with section and shall report such 
        determinations to Congress on March 1 of each year.
            ``(3) Reports.--The Attorney General shall issue a report 
        concerning the compliance of any particular State or political 
        subdivision at the request of the House or Senate Judiciary 
        Committee. Any jurisdiction that is found to be out of 
        compliance shall be ineligible to receive Federal financial 
        assistance as provided in paragraph (1) for a minimum period of 
        1 year, and shall only become eligible again after the Attorney 
        General certifies that the jurisdiction is in compliance.
            ``(4) Reallocation.--Any funds that are not allocated to a 
        State or to a political subdivision of a State, due to the 
        failure of the State, or of the political subdivision of the 
        State, to comply with subsection (c) shall be reallocated to 
        States, or to political subdivisions of States, that comply 
        with such subsection.
    ``(e) Construction.--Nothing in this section shall require law 
enforcement officials from States, or from political subdivisions of 
States, to report or arrest victims or witnesses of a criminal 
offense.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, except that subsection 
(d) of section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section, 
shall take effect beginning one year after the date of the enactment of 
this Act.

SEC. 115. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

    Except as otherwise provided by Federal law or rule of procedure, 
the Secretary of Homeland Security shall execute all lawful writs, 
process, and orders issued under the authority of the United States, 
and shall command all necessary assistance to execute the Secretary's 
duties.

                      TITLE II--NATIONAL SECURITY

SEC. 201. REMOVAL OF, AND DENIAL OF BENEFITS TO, TERRORIST ALIENS.

    (a) Asylum.--Section 208(b)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended--
            (1) by inserting ``or the Secretary of Homeland Security'' 
        after ``if the Attorney General''; and
            (2) by amending clause (v) to read as follows:
                            ``(v) the alien is described in 
                        subparagraph (B)(i) or (F) of section 
                        212(a)(3), unless, in the case of an alien 
                        described in subparagraph (IV), (V), or (IX) of 
                        section 212(a)(3)(B)(i), the Secretary of 
                        Homeland Security or the Attorney General 
                        determines, in the discretion of the Secretary 
                        or the Attorney General, that there are not 
                        reasonable grounds for regarding the alien as a 
                        danger to the security of the United States; 
                        or''.
    (b) Cancellation of Removal.--Section 240A(c)(4) of such Act (8 
U.S.C. 1229b(c)(4)) is amended--
            (1) by striking ``inadmissible under'' and inserting 
        ``described in''; and
            (2) by striking ``deportable under'' and inserting 
        ``described in''.
    (c) Voluntary Departure.--Section 240B(b)(1)(C) of such Act (8 
U.S.C. 1229c(b)(1)(C)) is amended by striking ``deportable under 
section 237(a)(2)(A)(iii) or section 237(a)(4);'' and inserting 
``described in paragraph (2)(A)(iii) or (4) of section 237(a);''.
    (d) Restriction on Removal.--Section 241(b)(3)(B) of such Act (8 
U.S.C. 1231(b)(3)(B)) is amended--
            (1) by inserting ``or the Secretary of Homeland Security'' 
        after ``Attorney General'' wherever that term appears;
            (2) in clause (iii), by striking ``or'' at the end;
            (3) in clause (iv), by striking the period at the end and 
        inserting ``; or'';
            (4) by inserting after clause (iv) the following:
                            ``(v) the alien is described in 
                        subparagraph (B)(i) or (F) of section 
                        212(a)(3), unless, in the case of an alien 
                        described in subparagraph (IV), (V), or (IX) of 
                        section 212(a)(3)(B)(i), the Secretary of 
                        Homeland Security or the Attorney General 
                        determines, in discretion of the Secretary or 
                        the Attorney General, that there are not 
                        reasonable grounds for regarding the alien as a 
                        danger to the security of the United States.''; 
                        and
            (5) by striking the final sentence.
    (e) Record of Admission.--
            (1) In general.--Section 249 of such Act (8 U.S.C. 1259) is 
        amended to read as follows:

 ``record of admission for permanent residence in the case of certain 
     aliens who entered the united states prior to january 1, 1972

    ``Sec. 249. The Secretary of Homeland Security, in the discretion 
of the Secretary and under such regulations as the Secretary may 
prescribe, may enter a record of lawful admission for permanent 
residence in the case of any alien, if no such record is otherwise 
available and the alien--
            ``(1) entered the United States before January 1, 1972;
            ``(2) has continuously resided in the United States since 
        such entry;
            ``(3) has been a person of good moral character since such 
        entry;
            ``(4) is not ineligible for citizenship;
            ``(5) is not described in paragraph (1)(A)(iv), (2), (3), 
        (6)(C), (6)(E), or (8) of section 212(a); and
            ``(6) did not, at any time, without reasonable cause fail 
        or refuse to attend or remain in attendance at a proceeding to 
        determine the alien's inadmissibility or deportability.
Such recordation shall be effective as of the date of approval of the 
application or as of the date of entry if such entry occurred prior to 
July 1, 1924.''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by amending the item relating to section 249 to read 
        as follows:

``Sec. 249. Record of admission for permanent residence in the case of 
                            certain aliens who entered the United 
                            States prior to January 1, 1972.''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act and sections 208(b)(2)(A), 
212(a), 240A, 240B, 241(b)(3), and 249 of the Immigration and 
Nationality Act, as so amended, shall apply to--
            (1) all aliens in removal, deportation, or exclusion 
        proceedings;
            (2) all applications pending on, or filed after, the date 
        of the enactment of this Act; and
            (3) with respect to aliens and applications described in 
        paragraph (1) or (2) of this subsection, acts and conditions 
        constituting a ground for exclusion, deportation, or removal 
        occurring or existing before, on, or after the date of the 
        enactment of this Act.

SEC. 202. TERRORIST BAR TO GOOD MORAL CHARACTER.

    (a) Definition of Good Moral Character.--Section 101(f) of the 
Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended--
            (1) by redesignating paragraphs (1) through (9) as 
        paragraphs (2) through (10), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) one who the Secretary of Homeland Security or 
        Attorney General determines to have been at any time an alien 
        described in section 212(a)(3) or 237(a)(4), which 
        determination may be based upon any relevant information or 
        evidence, including classified, sensitive, or national security 
        information;'';
            (3) in paragraph (9) (as redesignated), by inserting ``, 
        regardless whether the crime was classified as an aggravated 
        felony at the time of conviction, except that the Secretary of 
        Homeland Security or Attorney General may, in the unreviewable 
        discretion of the Secretary or Attorney General, determine that 
        this paragraph shall not apply in the case of a single 
        aggravated felony conviction (other than murder, manslaughter, 
        homicide, rape, or any sex offense when the victim of such sex 
        offense was a minor) for which completion of the term of 
        imprisonment or the sentence (whichever is later) occurred 10 
        or more years prior to the date of application'' after ``(as 
        defined in subsection (a)(43))''; and
            (4) by striking the first sentence the follows paragraph 
        (10) (as redesignated) and inserting following: ``The fact that 
        any person is not within any of the foregoing classes shall not 
        preclude a discretionary finding for other reasons that such a 
        person is or was not of good moral character. The Secretary or 
        the Attorney General shall not be limited to the applicant's 
        conduct during the period for which good moral character is 
        required, but may take into consideration as a basis for 
        determination the applicant's conduct and acts at any time.''
    (b) Aggravated Felons.--Section 509(b) of the Immigration Act of 
1990 (8 U.S.C. 1101 note) is amended to read as follows:
    ``(b) Effective Date.--The amendment made by subsection (a) shall 
take effect on November 29, 1990, and shall apply to convictions 
occurring before, on or after such date.''.
    (c) Technical Correction to the Intelligence Reform Act.--Section 
5504(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458) is amended by striking ``adding at the end'' and 
inserting ``inserting after paragraph (8)''.
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on the date of enactment of this Act, shall apply to 
any act that occurred before, on, or after such date and shall apply to 
any application for naturalization or any other benefit or relief, or 
any other case or matter under the immigration laws pending on or filed 
after such date. The amendments made by subsection (c) shall take 
effect as if enacted in the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458).

SEC. 203. TERRORIST BAR TO NATURALIZATION.

    (a) Naturalization of Persons Endangering the National Security.--
Section 316 of the Immigration and Nationality Act (8 U.S.C. 1426) is 
amended by adding at the end the following:
    ``(g) Persons Endangering the National Security.--No person shall 
be naturalized who the Secretary of Homeland Security determines to 
have been at any time an alien described in section 212(a)(3) or 
237(a)(4). Such determination may be based upon any relevant 
information or evidence, including classified, sensitive, or national 
security information.''.
    (b) Concurrent Naturalization and Removal Proceedings.--Section 318 
of the Immigration and Nationality Act (8 U.S.C. 1429) is amended by 
striking ``other Act;'' and inserting ``other Act; and no application 
for naturalization shall be considered by the Secretary of Homeland 
Security or any court if there is pending against the applicant any 
removal proceeding or other proceeding to determine the applicant's 
inadmissibility or deportability, or to determine whether the 
applicant's lawful permanent resident status should be rescinded, 
regardless of when such proceeding was commenced: Provided, That the 
findings of the Attorney General in terminating removal proceedings or 
in canceling the removal of an alien pursuant to the provisions of this 
Act, shall not be deemed binding in any way upon the Secretary of 
Homeland Security with respect to the question of whether such person 
has established his eligibility for naturalization as required by this 
title;''.
    (c) Pending Denaturalization or Removal Proceedings.--Section 
204(b) of the Immigration and Nationality Act (8 U.S.C. 1154(b)) is 
amended by adding at the end the following: ``No petition shall be 
approved pursuant to this section if there is any administrative or 
judicial proceeding (whether civil or criminal) pending against the 
petitioner that could (whether directly or indirectly) result in the 
petitioner's denaturalization or the loss of the petitioner's lawful 
permanent resident status.''.
    (d) Conditional Permanent Residents.--Sections 216(e) and section 
216A(e) of the Immigration and Nationality Act (8 U.S.C. 1186a(e) and 
1186b(e)) are each amended by striking the period at the end and 
inserting ``, if the alien has had the conditional basis removed 
pursuant to this section.''.
    (e) District Court Jurisdiction.--Subsection 336(b) of the 
Immigration and Nationality Act, 8 U.S.C. 1447(b), is amended to read 
as follows:
    ``(b) If there is a failure to render a final administrative 
decision under section 335 before the end of the 180-day period after 
the date on which the Secretary of Homeland Security completes all 
examinations and interviews conducted under such section, as such terms 
are defined by the Secretary of Homeland Security pursuant to 
regulations, the applicant may apply to the district court for the 
district in which the applicant resides for a hearing on the matter. 
Such court shall only have jurisdiction to review the basis for delay 
and remand the matter to the Secretary of Homeland Security for the 
Secretary's determination on the application.''.
    (f) Conforming Amendment.--Section 310(c) of the Immigration and 
Nationality Act (8 U.S.C. 1421(c)) is amended--
            (1) by inserting ``, not later than the date that is 120 
        days after the Secretary of Homeland Security's final 
        determination,'' after ``seek''; and
            (2) by striking the second sentence and inserting the 
        following: ``The burden shall be upon the petitioner to show 
        that the Secretary's denial of the application was not 
        supported by facially legitimate and bona fide reasons. Except 
        in a proceeding under section 340, notwithstanding any other 
        provision of law (statutory or nonstatutory), including section 
        2241 of title 28, United States Code, or any other habeas 
        corpus provision, and sections 1361 and 1651 of such title, no 
        court shall have jurisdiction to determine, or to review a 
        determination of the Secretary made at any time regarding, 
        whether, for purposes of an application for naturalization, an 
        alien is a person of good moral character, whether the alien 
        understands and is attached to the principles of the 
        Constitution of the United States, or whether an alien is well 
        disposed to the good order and happiness of the United 
        States.''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act, shall apply to any act 
that occurred before, on, or after such date, and shall apply to any 
application for naturalization or any other case or matter under the 
immigration laws pending on, or filed after, such date.

SEC. 204. DENATURALIZATION FOR TERRORISTS.

    (a) In General.--Section 340 of the Immigration and Nationality Act 
is amended--
            (1) by redesignating subsections (f) through (h) as 
        subsections (g) through (i), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f)(1) If a person who has been naturalized participates in any 
act described in paragraph (2), the Attorney General is authorized to 
find that, as of the date of such naturalization, such person was not 
attached to the principles of the Constitution of the United States and 
was not well disposed to the good order and happiness of the United 
States at the time of naturalization, and upon such finding shall set 
aside the order admitting such person to citizenship and cancel the 
certificate of naturalization as having been obtained by concealment of 
a material fact or by willful misrepresentation, and such revocation 
and setting aside of the order admitting such person to citizenship and 
such canceling of certificate of naturalization shall be effective as 
of the original date of the order and certificate, respectively.
    ``(2) The acts described in this paragraph are the following:
            ``(A) Any activity a purpose of which is the opposition to, 
        or the control or overthrow of, the Government of the United 
        States by force, violence, or other unlawful means.
            ``(B) Engaging in a terrorist activity (as defined in 
        clauses (iii) and (iv) of section 212(a)(3)(B)).
            ``(C) Incitement of terrorist activity under circumstances 
        indicating an intention to cause death or serious bodily harm.
            ``(D) Receiving military-type training (as defined in 
        section 2339D(c)(1) of title 18, United States Code) from or on 
        behalf of any organization that, at the time the training was 
        received, was a terrorist organization (as defined in section 
        212(a)(3)(B)(vi)).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
acts that occur on or after such date.

SEC. 205. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR NATIONAL 
              SECURITY PURPOSES.

    (a) Special Agricultural Workers.--Section 210(b)(6) of the 
Immigration and Nationality Act (8 U.S.C. 1160(b)(6)) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (A), by striking ``Department of 
        Justice,'' and inserting ``Department of Homeland Security,'';
            (3) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (4) by inserting after subparagraph (B) the following:
                    ``(C) Authorized disclosures.--
                            ``(i) Census purpose.--The Secretary of 
                        Homeland Security may provide, in his 
                        discretion, for the furnishing of information 
                        furnished under this section in the same manner 
                        and circumstances as census information may be 
                        disclosed under section 8 of title 13, United 
                        States Code.
                            ``(ii) National security purpose.--The 
                        Secretary of Homeland Security may provide, in 
                        his discretion, for the furnishing, use, 
                        publication, or release of information 
                        furnished under this section in any 
                        investigation, case, or matter, or for any 
                        purpose, relating to terrorism, national 
                        intelligence or the national security.''; and
            (5) in subparagraph (D), as redesignated, by striking 
        ``Service'' and inserting ``Department of Homeland Security''.
    (b) Adjustment of Status Under the Immigration Reform and Control 
Act of 1986.--Section 245A(c)(5) of the Immigration and Nationality Act 
(8 U.S.C. 1255a(c)(5)), is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (A), by striking ``Department of 
        Justice,'' and inserting ``Department of Homeland Security,'';
            (3) by amending subparagraph (C) to read as follows:
                    ``(C) Authorized disclosures.--
                            ``(i) Census purpose.--The Secretary of 
                        Homeland Security may provide, in his 
                        discretion, for the furnishing of information 
                        furnished under this section in the same manner 
                        and circumstances as census information may be 
                        disclosed under section 8 of title 13, United 
                        States Code.
                            ``(ii) National security purpose.--The 
                        Secretary of Homeland Security may provide, in 
                        his discretion, for the furnishing, use, 
                        publication, or release of information 
                        furnished under this section in any 
                        investigation, case, or matter, or for any 
                        purpose, relating to terrorism, national 
                        intelligence or the national security.''; and
            (4) in subparagraph (D), striking ``Service'' and inserting 
        ``Department of Homeland Security''.

SEC. 206. BACKGROUND AND SECURITY CHECKS.

    (a) Requirement To Complete Background and Security Checks.--
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is 
amended by adding at the end the following:
    ``(h) Notwithstanding any other provision of law (statutory or 
nonstatutory), including but not limited to section 309 of Public Law 
107-173, sections 1361 and 1651 of title 28, United States Code, and 
section 706(1) of title 5, United States Code, neither the Secretary of 
Homeland Security, the Attorney General, nor any court may--
            ``(1) grant, or order the grant of or adjudication of an 
        application for adjustment of status to that of an alien 
        lawfully admitted for permanent residence;
            ``(2) grant, or order the grant of or adjudication of an 
        application for United States citizenship or any other status, 
        relief, protection from removal, employment authorization, or 
        other benefit under the immigration laws;
            ``(3) grant, or order the grant of or adjudication of, any 
        immigrant or nonimmigrant petition; or
            ``(4) issue or order the issuance of any documentation 
        evidencing or related to any such grant, until such background 
        and security checks as the Secretary may in his discretion 
        require have been completed or updated to the satisfaction of 
        the Secretary.
    ``(i) Notwithstanding any other provision of law (statutory or 
nonstatutory), including but not limited to section 309 of Public Law 
107-173, sections 1361 and 1651 of title 28, United States Code, and 
section 706(1) of title 5, United States Code, neither the Secretary of 
Homeland Security nor the Attorney General may be required to--
            ``(1) grant, or order the grant of or adjudication of an 
        application for adjustment of status to that of an alien 
        lawfully admitted for permanent residence,
            ``(2) grant, or order the grant of or adjudication of an 
        application for United States citizenship or any other status, 
        relief, protection from removal, employment authorization, or 
        other benefit under the immigration laws,
            ``(3) grant, or order the grant of or adjudication of, any 
        immigrant or nonimmigrant petition, or
            ``(4) issue or order the issuance of any documentation 
        evidencing or related to any such grant, until any suspected or 
        alleged materially false information, material 
        misrepresentation or omission, concealment of a material fact, 
        fraud or forgery, counterfeiting, or alteration, or 
        falsification of a document, as determined by the Secretary, 
        relating to the adjudication of an application or petition for 
        any status (including the granting of adjustment of status), 
        relief, protection from removal, or other benefit under this 
        subsection has been investigated and resolved to the 
        Secretary's satisfaction.
    ``(j) Notwithstanding any other provision of law (statutory or 
nonstatutory), including section 309 of the Enhanced Border Security 
and Visa Entry Reform Act (8 U.S.C. 1738), sections 1361 and 1651 of 
title 28, United States Code, and section 706(1) of title 5, United 
States Code, no court shall have jurisdiction to require any of the 
acts in subsection (h) or (i) to be completed by a certain time or 
award any relief for failure to complete or delay in completing such 
acts.''.
    (b) Construction.--
            (1) In general.--Chapter 4 of title III of the Immigration 
        and Nationality Act (8 U.S.C. 1501 et seq.) is amended by 
        adding at the end the following:

                             ``construction

    ``Sec. 362.  (a) In General.--Nothing in this Act or any other law, 
except as provided in subsection (d), shall be construed to require the 
Secretary of Homeland Security, the Attorney General, the Secretary of 
State, the Secretary of Labor, or a consular officer to grant any 
application, approve any petition, or grant or continue any relief, 
protection from removal, employment authorization, or any other status 
or benefit under the immigration laws by, to, or on behalf of--
            ``(1) any alien deemed by the Secretary to be described in 
        section 212(a)(3) or section 237(a)(4); or
            ``(2) any alien with respect to whom a criminal or other 
        proceeding or investigation is open or pending (including, but 
        not limited to, issuance of an arrest warrant, detainer, or 
        indictment), where such proceeding or investigation is deemed 
        by the official described in subsection (a) to be material to 
        the alien's eligibility for the status or benefit sought.
    ``(b) Denial or Withholding of Adjudication.--An official described 
in subsection (a) may, in the discretion of the official, deny (with 
respect to an alien described in paragraph (1) or (2) of subsection 
(a)) or withhold adjudication of pending resolution of the 
investigation or case (with respect to an alien described in subsection 
(a)(2) of this section) any application, petition, relief, protection 
from removal, employment authorization, status or benefit.
    ``(c) Jurisdiction.--Notwithstanding any other provision of law 
(statutory or nonstatutory), including section 309 of the Enhanced 
Border Security and Visa Entry Reform Act (8 U.S.C. 1738), sections 
1361 and 1651 of title 28, United States Code, and section 706(1) of 
title 5, United States Code, no court shall have jurisdiction to review 
a decision to deny or withhold adjudication pursuant to subsection (b) 
of this section.
    ``(d) Withholding of Removal and Torture Convention.--This section 
does not limit or modify the applicability of section 241(b)(3) or the 
United Nations Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment, subject to any reservations, 
understandings, declarations and provisos contained in the United 
States Senate resolution of ratification of the Convention, as 
implemented by section 2242 of the Foreign Affairs Reform and 
Restructuring Act of 1998 (Public Law 105-277) with respect to an alien 
otherwise eligible for protection under such provisions.''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by inserting after the item relating to section 361 
        the following:

``362. Construction.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications for immigration benefits pending on or after such date.

SEC. 207. TECHNICAL AMENDMENTS RELATING TO THE INTELLIGENCE REFORM AND 
              TERRORISM PREVENTION ACT OF 2004.

    (a) Transit Without Visa Program.--Section 7209(d) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 
note) is amended by striking ``the Secretary, in conjunction with the 
Secretary of Homeland Security,'' and inserting ``the Secretary of 
Homeland Security, in consultation with the Secretary of State,''.
    (b) Technology Acquisition and Dissemination Plan.--Section 
7201(c)(1) of such Act is amended by inserting ``and the Department of 
State'' after ``used by the Department of Homeland Security''.

                 TITLE III--REMOVAL OF CRIMINAL ALIENS

SEC. 301. DEFINITION OF AGGRAVATED FELONY AND CONVICTION.

    (a) Definition of Aggravated Felony.--Section 101(a)(43) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
            (1) by striking ``The term `aggravated felony' means--'' 
        and inserting ``Notwithstanding any other provision of law, the 
        term `aggravated felony' applies to an offense described in 
        this paragraph, whether in violation of Federal or State law, 
        or in violation of the law of a foreign country for which the 
        term of imprisonment was completed within the previous 15 
        years, even if the length of the term of imprisonment for the 
        offense is based on recidivist or other enhancements and 
        regardless of whether the conviction was entered before, on, or 
        after September 30, 1996, and means--'';
            (2) in subparagraph (A), by striking ``murder, rape, or 
        sexual abuse of a minor;'' and inserting ``murder, 
        manslaughter, homicide, rape (whether the victim was conscious 
        or unconscious), or any offense of a sexual nature involving a 
        victim under the age of 18 years;'';
            (3) in subparagraph (I), by striking ``or 2252'' and 
        inserting ``2252, or 2252A''.
            (4) in subparagraph (F), by striking ``at least one year;'' 
        and inserting ``is at least one year, except that if the 
        conviction records do not conclusively establish whether a 
        crime constitutes a crime of violence, the Attorney General may 
        consider other evidence related to the conviction that clearly 
        establishes that the conduct for which the alien was engaged 
        constitutes a crime of violence;''
            (5) in subparagraph (N), by striking paragraph ``(1)(A) or 
        (2) of'';
            (6) in subparagraph (O), by striking ``section 275(a) or 
        276 committed by an alien who was previously deported on the 
        basis of a conviction for an offense described in another 
        subparagraph of this paragraph'' and inserting ``section 275 or 
        276 for which the term of imprisonment is at least 1 year'';
            (7) in subparagraph (U), by striking ``an attempt or 
        conspiracy to commit an offense described in this paragraph'' 
        and inserting ``attempting or conspiring to commit an offense 
        described in this paragraph, or aiding, abetting, counseling, 
        procuring, commanding, inducing, or soliciting the commission 
        of such an offense.''; and
            (8) by striking the undesignated matter following 
        subparagraph (U).
    (b) Definition of Conviction.--Section 101(a)(48) of such Act (8 
U.S.C. 1101(a)(48)) is amended by adding at the end the following:
    ``(C) Any reversal, vacatur, expungement, or modification to a 
conviction, sentence, or conviction record that was granted to 
ameliorate the consequences of the conviction, sentence, or conviction 
record, or was granted for rehabilitative purposes, or for failure to 
advise the alien of the immigration consequences of a guilty plea or a 
determination of guilt, shall have no effect on the immigration 
consequences resulting from the original conviction. The alien shall 
have the burden of demonstrating that any reversal, vacatur, 
expungement, or modification was not granted to ameliorate the 
consequences of the conviction, sentence, or conviction record, for 
rehabilitative purposes, or for failure to advise the alien of the 
immigration consequences of a guilty plea or a determination of guilt, 
except where the alien establishes a pardon consistent with section 
237(a)(2)(A)(vi).''.
    (c) Effective Date; Application of Amendments.--
            (1) In general.--The amendments made by subsection (a)--
                    (A) shall take effect on the date of the enactment 
                of this Act; and
                    (B) shall apply to any act or conviction that 
                occurred before, on, or after such date.
            (2) Application of iirira amendments.--The amendments to 
        section 101(a)(43) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(43)) made by section 321 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (division C of Public Law 104-208; 110 Stat. 3009-627) shall 
        continue to apply, whether the conviction was entered before, 
        on, or after September 30, 1996.

SEC. 302. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF AGGRAVATED 
              FELONIES OR OTHER SERIOUS OFFENSES.

    (a) Inadmissibility on Criminal and Related Grounds; Waivers.--
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is 
amended--
            (1) in subparagraph (a)(2)(A)(i)--
                    (A) in subclause (I), by striking ``or'' at the 
                end;
                    (B) in subclause (II), by adding ``or'' at the end; 
                and
                    (C) by inserting after subclause (II) the 
                following:
                                    ``(III) a violation of (or a 
                                conspiracy or attempt to violate) an 
                                offense described in section 408 of 
                                title 42, United States Code (relating 
                                to social security account numbers or 
                                social security cards) or section 1028 
                                of title 18, United States Code 
                                (relating to fraud and related activity 
                                in connection with identification 
                                documents, authentication features, and 
                                information);''.
            (2) by adding at the end of subsection (a)(2) the 
        following:
                    ``(J) Procurement of citizenship or naturalization 
                unlawfully.--Any alien convicted of, or who admits 
                having committed, or who admits committing acts which 
                constitute the essential elements of, a violation of, 
                or an attempt or a conspiracy to violate, subsection 
                (a) or (b) of section 1425 of title 18, United States 
                Code (relating to the procurement of citizenship or 
                naturalization unlawfully) is inadmissible.
                    ``(K) Certain firearm offenses.--Any alien who at 
                any time has been convicted under any law of, or who 
                admits having committed or admits committing acts which 
                constitute the essential elements of, purchasing, 
                selling, offering for sale, exchanging, using, owning, 
                possessing, or carrying, or of attempting or conspiring 
                to purchase, sell, offer for sale, exchange, use, own, 
                possess, or carry, any weapon, part, or accessory which 
                is a firearm or destructive device (as defined in 
                section 921(a) of title 18, United States Code) in 
                violation of any law is inadmissible.
                    ``(L) Aggravated felons.--Any alien who has been 
                convicted of an aggravated felony at any time is 
                inadmissible.
                    ``(M) Crimes of domestic violence, stalking, or 
                violation of protection orders, crimes against 
                children.--
                            ``(i) Domestic violence, stalking, and 
                        child abuse.--Any alien who at any time is 
                        convicted of, or who admits having committed or 
                        admits committing acts which constitute the 
                        essential elements of, a crime of domestic 
                        violence, a crime of stalking, or a crime of 
                        child abuse, child neglect, or child 
                        abandonment is inadmissible. For purposes of 
                        this clause, the term `crime of domestic 
                        violence' means any crime of violence (as 
                        defined in section 16 of title 18, United 
                        States Code) against a person committed by a 
                        current or former spouse of the person, by an 
                        individual with whom the person shares a child 
                        in common, by an individual who is cohabiting 
                        with or has cohabited with the person as a 
                        spouse, by an individual similarly situated to 
                        a spouse of the person under the domestic or 
                        family violence laws of the jurisdiction where 
                        the offense occurs, or by any other individual 
                        against a person who is protected from that 
                        individual's acts under the domestic or family 
                        violence laws of the United States or any 
                        State, Indian tribal government, or unit of 
                        local or foreign government.
                            ``(ii) Violators of protection orders.--Any 
                        alien who at any time is enjoined under a 
                        protection order issued by a court and whom the 
                        court determines has engaged in conduct that 
                        violates the portion of a protection order that 
                        involves protection against credible threats of 
                        violence, repeated harassment, or bodily injury 
                        to the person or persons for whom the 
                        protection order was issued is inadmissible. 
                        For purposes of this clause, the term 
                        `protection order' means any injunction issued 
                        for the purpose of preventing violent or 
                        threatening acts of domestic violence, 
                        including temporary or final orders issued by 
                        civil or criminal courts (other than support or 
                        child custody orders or provisions) whether 
                        obtained by filing an independent action or as 
                        a independent order in another proceeding.
                            ``(iii) Waiver authorized.--The waiver 
                        authority available under section 237(a)(7) 
                        with respect to section 237(a)(2)(E)(i) shall 
                        be available on a comparable basis with respect 
                        to this subparagraph.
                            ``(iv) Clarification.--If the conviction 
                        records do not conclusively establish whether a 
                        crime of domestic violence constitutes a crime 
                        of violence (as defined in section 16 of title 
                        18, United States Code), the Attorney General 
                        may consider other evidence related to the 
                        conviction that clearly establishes that the 
                        conduct for which the alien was engaged 
                        constitutes a crime of violence.''; and
            (3) in subsection (h)--
                    (A) by striking ``The Attorney General may, in his 
                discretion, waive the application of subparagraphs 
                (A)(i)(I), (B), (D), and (E) of subsection (a)(2)'' and 
                inserting ``The Attorney General or the Secretary of 
                Homeland Security may, in the discretion of the 
                Attorney General or the Secretary, waive the 
                application of subparagraphs (A)(i)(I), (III), (B), 
                (D), (E), (K), and (M) of subsection (a)(2)'';
                    (B) by striking ``a criminal act involving 
                torture.'' and inserting ``a criminal act involving 
                torture, or has been convicted of an aggravated 
                felony.'';
                    (C) by striking ``if either since the date of such 
                admission the alien has been convicted of an aggravated 
                felony or the alien'' and inserting ``if since the date 
                of such admission the alien''; and
                    (D) by inserting ``or Secretary of Homeland 
                Security'' after ``the Attorney General'' wherever that 
                phrase appears.
    (b) Deportability; Criminal Offenses.--Section 237(a)(3)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(B)) is amended--
            (1) in clause (ii), by striking ``or'' at the end;
            (2) in clause (iii), by inserting ``or'' at the end; and
            (3) by inserting after clause (iii) the following:
                            ``(iv) of a violation of, or an attempt or 
                        a conspiracy to violate, section 1425(a) or (b) 
                        of Title 18 (relating to the procurement of 
                        citizenship or naturalization unlawfully),''.
    (c) Deportability; Criminal Offenses.--Section 237(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by 
adding at the end the following:
                    ``(G) Any alien who at any time after admission has 
                been convicted of a violation of (or a conspiracy or 
                attempt to violate) section 408 of title 42, United 
                States Code (relating to social security account 
                numbers or social security cards) or section 1028 of 
                title 18, United States Code (relating to fraud and 
                related activity in connection with identification) is 
                deportable.''.
    (d) Effective Date.--The amendments made by this section shall 
apply--
            (1) to any act that occurred before, on, or after the date 
        of the enactment of this Act; and
            (2) to all aliens who are required to establish 
        admissibility on or after such date, and in all removal, 
        deportation, or exclusion proceedings that are filed, pending, 
        or reopened, on or after such date.
    (e) Construction.--The amendments made by subsection (a) shall not 
be construed to create eligibility for relief from removal under former 
section 212(c) of the Immigration and Nationality Act where such 
eligibility did not exist before these amendments became effective.

SEC. 303. ESPIONAGE CLARIFICATION.

    Section 212(a)(3)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(A)), is amended to read as follows:
                    ``(A) Any alien who a consular officer, the 
                Attorney General, or the Secretary of Homeland Security 
                knows, or has reasonable ground to believe, seeks to 
                enter the United States to engage solely, principally, 
                or incidentally in, or who is engaged in, or with 
                respect to clauses (i) and (iii) of this subparagraph 
                has engaged in--
                            ``(i) any activity--
                                    ``(I) to violate any law of the 
                                United States relating to espionage or 
                                sabotage; or
                                    ``(II) to violate or evade any law 
                                prohibiting the export from the United 
                                States of goods, technology, or 
                                sensitive information;
                            ``(ii) any other unlawful activity; or
                            ``(iii) any activity a purpose of which is 
                        the opposition to, or the control or overthrow 
                        of, the Government of the United States by 
                        force, violence, or other unlawful means;
                is inadmissible.''.

SEC. 304. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF 
              FIREARMS BY, CERTAIN ALIENS.

    Section 922 of title 18, United States Code, is amended--
            (1) in subsection (d)(5), in subparagraph (B), by striking 
        ``(y)(2)'' and all that follows and inserting ``(y), is in the 
        United States not as an alien lawfully admitted for permanent 
        residence'';
            (2) in subsection (g)(5), in subparagraph (B), by striking 
        ``(y)(2)'' and all that follows and inserting ``(y), is in the 
        United States not as an alien lawfully admitted for permanent 
        residence''; and
            (3) in subsection (y)--
                    (A) in the header, by striking ``Admitted Under 
                Nonimmigrant Visas.--'' and inserting ``Not Lawfully 
                Admitted for Permanent Residence'';
                    (B) in paragraph (1), by amending subparagraph (B) 
                to read as follows:
                    ``(B) the term `lawfully admitted for permanent 
                residence' has the same meaning as in section 
                101(a)(20) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(20).''.
                    (C) in paragraph (2), by striking ``under a 
                nonimmigrant visa'' and inserting ``but not lawfully 
                admitted for permanent residence''; and
                    (D) in paragraph (3)(A), by striking ``admitted to 
                the United States under a nonimmigrant visa'' and 
                inserting ``lawfully admitted to the United States but 
                not as an alien lawfully admitted for permanent 
                residence''.

SEC. 305. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, 
              NATURALIZATION, AND PEONAGE OFFENSES.

    Section 3291 of title 18, United States Code, is amended by 
striking ``No person'' through the period at the end and inserting the 
following: ``No person shall be prosecuted, tried, or punished for a 
violation of any section of chapters 69 (relating to nationality and 
citizenship offenses) and 75 (relating to passport, visa, and 
immigration offenses), or for a violation of any criminal provision of 
sections 243, 266, 274, 275, 276, 277, or 278 of the Immigration and 
Nationality Act, or for an attempt or conspiracy to violate any such 
section, unless the indictment is returned or the information is filed 
within ten years after the commission of the offense.''.

SEC. 306. CONFORMING AMENDMENT TO THE DEFINITION OF RACKETEERING 
              ACTIVITY.

    Section 1961(1) of title 18, United States Code, is amended by 
striking ``section 1542'' through ``section 1546 (relating to fraud and 
misuse of visas, permits, and other documents)'' and inserting 
``sections 1541-1548 (relating to passports and visas)''.

SEC. 307. CONFORMING AMENDMENTS FOR THE AGGRAVATED FELONY DEFINITION.

    (a) In General.--Subparagraph (P) of section 101(a)(43) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
            (1) by striking ``(i) which either is falsely making, 
        forging, counterfeiting, mutilating, or altering a passport or 
        instrument in violation of section 1543 of title 18, United 
        States Code, or is described in section 1546(a) of such title 
        (relating to document fraud) and (ii)'' and inserting ``which 
        is described in any section of chapter 75 of title 18, United 
        States Code,''; and
            (2) by inserting after ``first offense'' the following: 
        ``(i) that is not described in section 1548 of such title 
        (relating to increased penalties), and (ii)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
acts that occur before, on, or after the date of the enactment of this 
Act.

SEC. 308. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT OF STATUS FOR 
              AGGRAVATED FELONS.

    (a) In General.--Section 209(c) of the Immigration and Nationality 
Act (8 U.S.C. 1159(c)) is amended by adding at the end thereof the 
following: ``However, an alien who is convicted of an aggravated felony 
is not eligible for a waiver or for adjustment of status under this 
section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply--
            (1) to any act that occurred before, on, or after the date 
        of the enactment of this Act; and
            (2) to all aliens who are required to establish 
        admissibility on or after such date, and in all removal, 
        deportation, or exclusion proceedings that are filed, pending, 
        or reopened, on or after such date.

SEC. 309. INADMISSIBILITY AND DEPORTABILITY OF DRUNK DRIVERS.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
            (1) in subparagraph (T), by striking ``and'';
            (2) in subparagraph (U); by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (U) the following:.
            ``(V) A second conviction for driving while intoxicated 
        (including a conviction for driving while under the influence 
        of or impaired by alcohol or drugs) without regard to whether 
        the conviction is classified as a misdemeanor or felony under 
        State law.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and apply to 
convictions entered on or after such date.

SEC. 310. DETENTION OF DANGEROUS ALIENS.

    (a) In General.--Section 241(a) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)) is amended--
            (1) by striking ``Attorney General'' each place it appears, 
        except for the first reference in paragraph (4)(B)(i), and 
        inserting ``Secretary of Homeland Security'';
            (2) in paragraph (1), by amending subparagraph (B) to read 
        as follows:
                    ``(B) Beginning of period.--The removal period 
                begins on the latest of the following:
                            ``(i) The date the order of removal becomes 
                        administratively final.
                            ``(ii) If the alien is not in the custody 
                        of the Secretary on the date the order of 
                        removal becomes administratively final, the 
                        date the alien is taken into such custody.
                            ``(iii) If the alien is detained or 
                        confined (except under an immigration process) 
                        on the date the order of removal becomes 
                        administratively final, the date the alien is 
                        taken into the custody of the Secretary, after 
                        the alien is released from such detention or 
                        confinement.'';
            (3) in paragraph (1), by amending subparagraph (C) to read 
        as follows:
                    ``(C) Suspension of period.--
                            ``(i) Extension.--The removal period shall 
                        be extended beyond a period of 90 days and the 
                        Secretary may, in the Secretary's sole 
                        discretion, keep the alien in detention during 
                        such extended period if--
                                    ``(I) the alien fails or refuses to 
                                make all reasonable efforts to comply 
                                with the removal order, or to fully 
                                cooperate with the Secretary's efforts 
                                to establish the alien's identity and 
                                carry out the removal order, including 
                                making timely application in good faith 
                                for travel or other documents necessary 
                                to the alien's departure or conspires 
                                or acts to prevent the alien's removal 
                                that is subject to an order of removal;
                                    ``(II) a court, the Board of 
                                Immigration Appeals, or an immigration 
                                judge orders a stay of removal of an 
                                alien who is subject to an 
                                administratively final order of 
                                removal;
                                    ``(III) the Secretary transfers 
                                custody of the alien pursuant to law to 
                                another Federal agency or a State or 
                                local government agency in connection 
                                with the official duties of such 
                                agency; or
                                    ``(IV) a court or the Board of 
                                Immigration Appeals orders a remand to 
                                an immigration judge or the Board of 
                                Immigration Appeals, during the time 
                                period when the case is pending a 
                                decision on remand (with the removal 
                                period beginning anew on the date that 
                                the alien is ordered removed on 
                                remand).
                            ``(ii) Renewal.--If the removal period has 
                        been extended under clause (C)(i), a new 
                        removal period shall be deemed to have begun on 
                        the date--
                                    ``(I) the alien makes all 
                                reasonable efforts to comply with the 
                                removal order, or to fully cooperate 
                                with the Secretary's efforts to 
                                establish the alien's identity and 
                                carry out the removal order;
                                    ``(II) the stay of removal is no 
                                longer in effect; or
                                    ``(III) the alien is returned to 
                                the custody of the Secretary.
                            ``(iii) Mandatory detention for certain 
                        aliens.--In the case of an alien described in 
                        subparagraphs (A) through (D) of section 
                        236(c)(1), the Secretary shall keep that alien 
                        in detention during the extended period 
                        described in clause (i).
                            ``(iv) Sole form of relief.--An alien may 
                        seek relief from detention under this 
                        subparagraph only by filing an application for 
                        a writ of habeas corpus in accordance with 
                        chapter 153 of title 28, United States Code. No 
                        alien whose period of detention is extended 
                        under this subparagraph shall have the right to 
                        seek release on bond.'';
            (4) in paragraph (3)--
                    (A) by adding after ``If the alien does not leave 
                or is not removed within the removal period'' the 
                following: ``or is not detained pursuant to paragraph 
                (6) of this subsection''; and
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities that the Secretary 
                prescribes for the alien, in order to prevent the alien 
                from absconding, for the protection of the community, 
                or for other purposes related to the enforcement of the 
                immigration laws.'';
            (5) in paragraph (4)(A), by striking ``paragraph (2)'' and 
        inserting ``subparagraph (B)''; and
            (6) by striking paragraph (6) and inserting the following:
            ``(6) Additional rules for detention or release of certain 
        aliens.--
                    ``(A) Detention review process for cooperative 
                aliens established.--For an alien who is not otherwise 
                subject to mandatory detention, who has made all 
                reasonable efforts to comply with a removal order and 
                to cooperate fully with the Secretary of Homeland 
                Security's efforts to establish the alien's identity 
                and carry out the removal order, including making 
                timely application in good faith for travel or other 
                documents necessary to the alien's departure, and who 
                has not conspired or acted to prevent removal, the 
                Secretary shall establish an administrative review 
                process to determine whether the alien should be 
                detained or released on conditions. The Secretary shall 
                make a determination whether to release an alien after 
                the removal period in accordance with subparagraph (B). 
                The determination shall include consideration of any 
                evidence submitted by the alien, and may include 
                consideration of any other evidence, including any 
                information or assistance provided by the Secretary of 
                State or other Federal official and any other 
                information available to the Secretary of Homeland 
                Security pertaining to the ability to remove the alien.
                    ``(B) Authority to detain beyond removal period.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security, in the exercise of the 
                        Secretary's sole discretion, may continue to 
                        detain an alien for 90 days beyond the removal 
                        period (including any extension of the removal 
                        period as provided in paragraph (1)(C)). An 
                        alien whose detention is extended under this 
                        subparagraph shall have no right to seek 
                        release on bond.
                            ``(ii) Specific circumstances.--The 
                        Secretary of Homeland Security, in the exercise 
                        of the Secretary's sole discretion, may 
                        continue to detain an alien beyond the 90 days 
                        authorized in clause (i)--
                                    ``(I) until the alien is removed, 
                                if the Secretary, in the Secretary's 
                                sole discretion, determines that there 
                                is a significant likelihood that the 
                                alien--
                                            ``(aa) will be removed in 
                                        the reasonably foreseeable 
                                        future; or
                                            ``(bb) would be removed in 
                                        the reasonably foreseeable 
                                        future, or would have been 
                                        removed, but for the alien's 
                                        failure or refusal to make all 
                                        reasonable efforts to comply 
                                        with the removal order, or to 
                                        cooperate fully with the 
                                        Secretary's efforts to 
                                        establish the alien's identity 
                                        and carry out the removal 
                                        order, including making timely 
                                        application in good faith for 
                                        travel or other documents 
                                        necessary to the alien's 
                                        departure, or conspires or acts 
                                        to prevent removal;
                                    ``(II) until the alien is removed, 
                                if the Secretary of Homeland Security 
                                certifies in writing--
                                            ``(aa) in consultation with 
                                        the Secretary of Health and 
                                        Human Services, that the alien 
                                        has a highly contagious disease 
                                        that poses a threat to public 
                                        safety;
                                            ``(bb) after receipt of a 
                                        written recommendation from the 
                                        Secretary of State, that 
                                        release of the alien is likely 
                                        to have serious adverse foreign 
                                        policy consequences for the 
                                        United States;
                                            ``(cc) based on information 
                                        available to the Secretary of 
                                        Homeland Security (including 
                                        classified, sensitive, or 
                                        national security information, 
                                        and without regard to the 
                                        grounds upon which the alien 
                                        was ordered removed), that 
                                        there is reason to believe that 
                                        the release of the alien would 
                                        threaten the national security 
                                        of the United States; or
                                            ``(dd) that the release of 
                                        the alien will threaten the 
                                        safety of the community or any 
                                        person, conditions of release 
                                        cannot reasonably be expected 
                                        to ensure the safety of the 
                                        community or any person, and 
                                        either (AA) the alien has been 
                                        convicted of one or more 
                                        aggravated felonies (as defined 
                                        in section 101(a)(43)(A)) or of 
                                        one or more crimes identified 
                                        by the Secretary of Homeland 
                                        Security by regulation, or of 
                                        one or more attempts or 
                                        conspiracies to commit any such 
                                        aggravated felonies or such 
                                        identified crimes, if the 
                                        aggregate term of imprisonment 
                                        for such attempts or 
                                        conspiracies is at least 5 
                                        years; or (BB) the alien has 
                                        committed one or more crimes of 
                                        violence (as defined in section 
                                        16 of title 18, United States 
                                        Code, but not including a 
                                        purely political offense) and, 
                                        because of a mental condition 
                                        or personality disorder and 
                                        behavior associated with that 
                                        condition or disorder, the 
                                        alien is likely to engage in 
                                        acts of violence in the future; 
                                        or
                                    ``(III) pending a certification 
                                under subclause (II), so long as the 
                                Secretary of Homeland Security has 
                                initiated the administrative review 
                                process not later than 30 days after 
                                the expiration of the removal period 
                                (including any extension of the removal 
                                period, as provided in paragraph 
                                (1)(C)).
                            ``(iii) No right to bond hearing.--An alien 
                        whose detention is extended under this 
                        subparagraph shall have no right to seek 
                        release on bond, including by reason of a 
                        certification under clause (ii)(II).
                    ``(C) Renewal and delegation of certification.--
                            ``(i) Renewal.--The Secretary of Homeland 
                        Security may renew a certification under 
                        subparagraph (B)(ii)(II) every 6 months, after 
                        providing an opportunity for the alien to 
                        request reconsideration of the certification 
                        and to submit documents or other evidence in 
                        support of that request. If the Secretary does 
                        not renew a certification, the Secretary may 
                        not continue to detain the alien under 
                        subparagraph (B)(ii)(II).
                            ``(ii) Delegation.--Notwithstanding section 
                        103, the Secretary of Homeland Security may not 
                        delegate the authority to make or renew a 
                        certification described in item (bb), (cc), or 
                        (dd) of subparagraph (B)(ii)(II) below the 
                        level of the Assistant Secretary for 
                        Immigration and Customs Enforcement.
                            ``(iii) Hearing.--The Secretary of Homeland 
                        Security may request that the Attorney General 
                        or the Attorney General's designee provide for 
                        a hearing to make the determination described 
                        in item (dd)(BB) of subparagraph (B)(ii)(II).
                    ``(D) Release on conditions.--If it is determined 
                that an alien should be released from detention by a 
                Federal court, the Board of Immigration Appeals, or if 
                an immigration judge orders a stay of removal, the 
                Secretary of Homeland Security, in the exercise of the 
                Secretary's discretion, may impose conditions on 
                release as provided in paragraph (3).
                    ``(E) Redetention.--The Secretary of Homeland 
                Security, in the exercise of the Secretary's 
                discretion, without any limitations other than those 
                specified in this section, may again detain any alien 
                subject to a final removal order who is released from 
                custody, if removal becomes likely in the reasonably 
                foreseeable future, the alien fails to comply with the 
                conditions of release, or to continue to satisfy the 
                conditions described in subparagraph (A), or if, upon 
                reconsideration, the Secretary, in the Secretary's sole 
                discretion, determines that the alien can be detained 
                under subparagraph (B). This section shall apply to any 
                alien returned to custody pursuant to this 
                subparagraph, as if the removal period terminated on 
                the day of the redetention.
                    ``(F) Review of determinations by secretary.--A 
                determination by the Secretary under this paragraph 
                shall not be subject to review by any other agency.''.
    (b) Detention of Aliens During Removal Proceedings.--
            (1) Clerical amendment.--(A) Section 236 of the Immigration 
        and Nationality Act (8 U.S.C. 1226) is amended by striking 
        ``Attorney General'' each place it appears (except in the 
        second place that term appears in section 236(a)) and inserting 
        ``Secretary of Homeland Security''.
            (B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is 
        amended by inserting ``the Secretary of Homeland Security or'' 
        before ``the Attorney General--''.
            (C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is 
        amended by striking ``Attorney General's'' and inserting 
        ``Secretary of Homeland Security's''.
            (2) Length of detention.--Section 236 of such Act (8 U.S.C. 
        1226) is amended by adding at the end the following:
    ``(f) Length of Detention.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, an alien may be detained under this section for 
        any period, without limitation, except as provided in 
        subsection (h), until the alien is subject to a final order of 
        removal.
            ``(2) Construction.--The length of detention under this 
        section shall not affect detention under section 241.''.
            (3) Detention of criminal aliens.--Section 236(c)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is 
        amended, in the matter following subparagraph (D) to read as 
        follows:
        ``any time after the alien is released, without regard to 
        whether an alien is released related to any activity, offense, 
        or conviction described in this paragraph; to whether the alien 
        is released on parole, supervised release, or probation; or to 
        whether the alien may be arrested or imprisoned again for the 
        same offense. If the activity described in this paragraph does 
        not result in the alien being taken into custody by any person 
        other than the Secretary, then when the alien is brought to the 
        attention of the Secretary or when the Secretary determines it 
        is practical to take such alien into custody, the Secretary 
        shall take such alien into custody.''.
            (4) Administrative review.--Section 236 of the Immigration 
        and Nationality Act (8 U.S.C. 1226), as amended by paragraph 
        (2), is further amended by adding at the end the following:
    ``(g) Administrative Review.--
            ``(1) In general.--The Attorney General's review of the 
        Secretary's custody determinations under subsection (a) for the 
        following classes of aliens shall be limited to whether the 
        alien may be detained, released on bond (of at least $1,500 
        with security approved by the Secretary), or released with no 
        bond:
                    ``(A) Aliens in exclusion proceedings.
                    ``(B) Aliens described in section 212(a)(3) or 
                237(a)(4).
                    ``(C) Aliens described in subsection (c).
            ``(2) Special rule.--The Attorney General's review of the 
        Secretary's custody determinations under subsection (a) for 
        aliens in deportation proceedings subject to section 242(a)(2) 
        of the Act (as in effect prior to April 1, 1997, and as amended 
        by section 440(c) of Public Law 104-132) shall be limited to a 
        determination of whether the alien is properly included in such 
        category.
    ``(h) Release on Bond.--
            ``(1) In general.--An alien detained under subsection (a) 
        may seek release on bond. No bond may be granted except to an 
        alien who establishes by clear and convincing evidence that the 
        alien is not a flight risk or a risk to another person or the 
        community.
            ``(2) Certain aliens ineligible.--No alien detained under 
        subsection (c) may seek release on bond.''.
            (5) Clerical amendments.--(A) Section 236(a)(2)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is 
        amended by striking ``conditional parole'' and inserting 
        ``recognizance''.
            (B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is 
        amended by striking ``parole'' and inserting ``recognizance''.
    (c) Severability.--If any of the provisions of this section or any 
amendment by this section, or the application of any such provision to 
any person or circumstance, is held to be invalid for any reason, the 
remainder of this section and of amendments made by this section, and 
the application of the provisions and of the amendments made by this 
section to any other person or circumstance shall not be affected by 
such holding.
    (d) Effective Dates.--
            (1) The amendments made by subsection (a) shall take effect 
        upon the date of enactment of this Act, and section 241 of the 
        Immigration and Nationality Act, as so amended, shall in 
        addition apply to--
                    (A) all aliens subject to a final administrative 
                removal, deportation, or exclusion order that was 
                issued before, on, or after the date of the enactment 
                of this Act; and
                    (B) acts and conditions occurring or existing 
                before, on, or after such date.
            (2) The amendments made by subsection (b) shall take effect 
        upon the date of the enactment of this Act, and section 236 of 
        the Immigration and Nationality Act, as so amended, shall in 
        addition apply to any alien in detention under provisions of 
        such section on or after such date.

SEC. 311. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG 
              MEMBERS.

    (a) Definition of Gang Member.--Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end 
the following:
    ``(53)(A) The term `criminal gang' means an ongoing group, club, 
organization, or association of 5 or more persons that has as one of 
its primary purposes the commission of 1 or more of the following 
criminal offenses and the members of which engage, or have engaged 
within the past 5 years, in a continuing series of such offenses, or 
that has been designated as a criminal gang by the Secretary of 
Homeland Security, in consultation with the Attorney General, as 
meeting these criteria. The offenses described, whether in violation of 
Federal or State law or foreign law and regardless of whether the 
offenses occurred before, on, or after the date of the enactment of 
this paragraph, are the following:
            ``(i) A `felony drug offense' (as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802)).
            ``(ii) An offense under section 274 (relating to bringing 
        in and harboring certain aliens), section 277 (relating to 
        aiding or assisting certain aliens to enter the United States), 
        or section 278 (relating to importation of alien for immoral 
        purpose).
            ``(iii) A crime of violence (as defined in section 16 of 
        title 18, United States Code).
            ``(iv) A crime involving obstruction of justice, tampering 
        with or retaliating against a witness, victim, or informant, or 
        burglary.
            ``(v) Any conduct punishable under sections 1028 and 1029 
        of title 18, United States Code (relating to fraud and related 
        activity in connection with identification documents or access 
        devices), sections 1581 through 1594 of such title (relating to 
        peonage, slavery and trafficking in persons), section 1952 of 
        such title (relating to interstate and foreign travel or 
        transportation in aid of racketeering enterprises), section 
        1956 of such title (relating to the laundering of monetary 
        instruments), section 1957 of such title (relating to engaging 
        in monetary transactions in property derived from specified 
        unlawful activity), or sections 2312 through 2315 of such title 
        (relating to interstate transportation of stolen motor vehicles 
        or stolen property).
            ``(vi) A conspiracy to commit an offense described in 
        clauses (i) through (v).
    ``(B) Notwithstanding any other provision of law (including any 
effective date), the term applies regardless of whether the conduct 
occurred before, on, or after the date of the enactment of this 
paragraph.''.
    (b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C. 
1182(a)(2)), as amended by section 302(a)(2) of this Act, is further 
amended by adding at the end the following:
                    ``(N) Aliens associated with criminal gangs.--Any 
                alien is inadmissible who a consular officer, the 
                Secretary of Homeland Security, or the Attorney General 
                knows or has reason to believe--
                            ``(i) to be or to have been a member of a 
                        criminal gang (as defined in section 
                        101(a)(53)); or
                            ``(ii) to have participated in the 
                        activities of a criminal gang (as defined in 
                        section 101(a)(53)), knowing or having reason 
                        to know that such activities will promote, 
                        further, aid, or support the illegal activity 
                        of the criminal gang.''.
    (c) Deportability.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)), as amended by section 302(c) of 
this Act, is further amended by adding at the end the following:
                    ``(H) Aliens associated with criminal gangs.--Any 
                alien is deportable who the Secretary of Homeland 
                Security or the Attorney General knows or has reason to 
                believe--
                            ``(i) is or has been a member of a criminal 
                        gang (as defined in section 101(a)(53)); or
                            ``(ii) has participated in the activities 
                        of a criminal gang (as so defined), knowing or 
                        having reason to know that such activities will 
                        promote, further, aid, or support the illegal 
                        activity of the criminal gang.''.
    (d) Designation.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1182) is amended by inserting 
        after section 219 the following:

                             ``designation

    ``Sec. 220.  (a) In General.--The Secretary of Homeland Security, 
in consultation with the Attorney General, and the Secretary of State 
may designate a groups or association as a criminal street gangs if 
their conduct is described in section 101(a)(53) or if the group or 
association conduct poses a significant risk that threatens the 
security and the public safety of United States nationals or the 
national security, homeland security, foreign policy, or economy of the 
United States.
    ``(b) Effective Date.--Designations under subsection (a) shall 
remain in effect until the designation is revoked after consultation 
between the Secretary of Homeland Security, the Attorney General, and 
the Secretary of State or is terminated in accordance with Federal 
law.''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by inserting after the item relating to section 219 
        the following:

``220. Designation.''.
    (e) Mandatory Detention of Criminal Street Gang Members.--
            (1) In general.--Section 236(c)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
                    (A) by inserting ``or 212(a)(2)(N)'' after 
                ``212(a)(3)(B)''; and
                    (B) by inserting ``or 237(a)(2)(H)'' before 
                ``237(a)(4)(B)''.
            (2) Annual report.--Not later than March 1 of each year 
        (beginning 1 year after the date of the enactment of this Act), 
        the Secretary of Homeland Security, after consultation with the 
        appropriate Federal agencies, shall submit a report to the 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate on the number of aliens detained under the 
        amendments made by paragraph (1).
    (f) Asylum Claims Based on Gang Affiliation.--
            (1) Inapplicability of restriction on removal to certain 
        countries.--Section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
        matter preceding clause (i), by inserting ``who is described in 
        section 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or who is'' 
        after ``to an alien''.
            (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such 
        Act (8 U.S.C. 1158(b)(2)(A)) is amended--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) by redesignating clause (vi) as clause (vii); 
                and
                    (C) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(N)(i) or section 237(a)(2)(H)(i) 
                        (relating to participation in criminal street 
                        gangs); or''.
    (g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C. 
1254a) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B), by adding at the end the 
        following:
                            ``(iii) the alien is, or at any time after 
                        admission has been, a member of a criminal gang 
                        (as defined in section 101(a)(53)).''; and
            (3) in subsection (d)----
                    (A) by striking paragraph (3); and
                    (B) in paragraph (4), by adding at the end the 
                following: ``The Secretary of Homeland Security may 
                detain an alien provided temporary protected status 
                under this section whenever appropriate under any other 
                provision of law.''.
    (h) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to acts 
that occur before, on, or after the date of the enactment of this Act.

SEC. 312. EXTENSION OF IDENTITY THEFT OFFENSES.

    (a) Fraud and Related Activities Relating to Identification 
Documents.--Section 1028 of title 18, United States Code, is amended in 
subsection (a)(7), by striking ``of another person'' and inserting 
``that is not his or her own''.
    (b) Aggravated Identity Theft.--Section 1028A(a) of title 18, 
United States Code, is amended by striking ``of another person'' both 
places it appears and inserting ``that is not his or her own''.

SEC. 313. LAUNDERING OF MONETARY INSTRUMENTS.

    (a) Additional Predicate Offenses.--Section 1956(c)(7)(D) of title 
18, United States Code, is amended--
            (1) by inserting ``section 1590 (relating to trafficking 
        with respect to peonage, slavery, involuntary servitude, or 
        forced labor),'' after ``section 1363 (relating to destruction 
        of property within the special maritime and territorial 
        jurisdiction),''; and
            (2) by inserting ``section 274(a) of the Immigration and 
        Nationality Act (8 U.S.C.1324(a)) (relating to bringing in and 
        harboring certain aliens),'' after ``section 590 of the Tariff 
        Act of 1930 (19 U.S.C. 1590) (relating to aviation 
        smuggling),''.
    (b) Intent To Conceal or Disguise.--Section 1956(a) of title 18, 
United States Code, is amended--
            (1) in paragraph (1) so that subparagraph (B) reads as 
        follows:
                    ``(B) knowing that the transaction--
                            ``(i) conceals or disguises, or is intended 
                        to conceal or disguise, the nature, source, 
                        location, ownership, or control of the proceeds 
                        of some form of unlawful activity; or
                            ``(ii) avoids, or is intended to avoid, a 
                        transaction reporting requirement under State 
                        or Federal law,''; and
            (2) in paragraph (2) so that subparagraph (B) reads as 
        follows:
                    ``(B) knowing that the monetary instrument or funds 
                involved in the transportation, transmission, or 
                transfer represent the proceeds of some form of 
                unlawful activity, and knowing that such 
                transportation, transmission, or transfer--
                            ``(i) conceals or disguises, or is intended 
                        to conceal or disguise, the nature, source, 
                        location, ownership, or control of the proceeds 
                        of some form of unlawful activity; or
                            ``(ii) avoids, or is intended to avoid, a 
                        transaction reporting requirement under State 
                        or Federal law,''.

SEC. 314. INCREASED CRIMINAL PENALTIES RELATING TO ALIEN SMUGGLING AND 
              RELATED OFFENSES.

    (a) In General.--Section 274 of the Immigration and Nationality Act 
(8 U.S.C. 1324), is amended to read as follows:

``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

    ``(a) Criminal Offenses and Penalties.--
            ``(1) Prohibited activities.--Except as provided in 
        paragraph (3), a person shall be punished as provided under 
        paragraph (2), if the person--
                    ``(A) facilitates, encourages, directs, or induces 
                a person to come to or enter the United States, or to 
                cross the border to the United States, knowing or in 
                reckless disregard of the fact that such person is an 
                alien who lacks lawful authority to come to, enter, or 
                cross the border to the United States;
                    ``(B) facilitates, encourages, directs, or induces 
                a person to come to or enter the United States, or to 
                cross the border to the United States, at a place other 
                than a designated port of entry or place other than as 
                designated by the Secretary of Homeland Security, 
                knowing or in reckless disregard of the fact that such 
                person is an alien and regardless of whether such alien 
                has official permission or lawful authority to be in 
                the United States;
                    ``(C) transports, moves, harbors, conceals, or 
                shields from detection a person outside of the United 
                States knowing or in reckless disregard of the fact 
                that such person is an alien in unlawful transit from 
                one country to another or on the high seas, under 
                circumstances in which the alien is seeking to enter 
                the United States without official permission or lawful 
                authority;
                    ``(D) encourages or induces a person to reside in 
                the United States, knowing or in reckless disregard of 
                the fact that such person is an alien who lacks lawful 
                authority to reside in the United States;
                    ``(E) transports or moves a person in the United 
                States, knowing or in reckless disregard of the fact 
                that such person is an alien who lacks lawful authority 
                to enter or be in the United States, if the 
                transportation or movement will further the alien's 
                illegal entry into or illegal presence in the United 
                States;
                    ``(F) harbors, conceals, or shields from detection 
                a person in the United States, knowing or in reckless 
                disregard of the fact that such person is an alien who 
                lacks lawful authority to be in the United States; or
                    ``(G) conspires or attempts to commit any of the 
                acts described in subparagraphs (A) through (F).
            ``(2) Criminal penalties.--A person who violates any 
        provision under paragraph (1) shall, for each alien in respect 
        to whom a violation of paragraph (1) occurs--
                    ``(A) except as provided in subparagraphs (C) 
                through (G), if the violation was not committed for 
                commercial advantage, profit, or private financial 
                gain, be fined under title 18, United States Code, 
                imprisoned for not more than 5 years, or both;
                    ``(B) except as provided in subparagraphs (C) 
                through (G), if the violation was committed for 
                commercial advantage, profit, or private financial 
                gain--
                            ``(i) be fined under such title, imprisoned 
                        for not more than 20 years, or both, if the 
                        violation is the offender's first violation 
                        under this subparagraph; or
                            ``(ii) be fined under such title, 
                        imprisoned for not less than 3 years or more 
                        than 20 years, or both, if the violation is the 
                        offender's second or subsequent violation of 
                        this subparagraph;
                    ``(C) if the violation furthered or aided the 
                commission of any other offense against the United 
                States or any State that is punishable by imprisonment 
                for more than 1 year, be fined under such title, 
                imprisoned for not less than 5 years or more than 20 
                years, or both;
                    ``(D) be fined under such title, imprisoned not 
                less than 5 years or more than 20 years, or both, if 
                the violation created a substantial and foreseeable 
                risk of death, a substantial and foreseeable risk of 
                serious bodily injury (as defined in section 2119(2) of 
                title 18, United States Code), or inhumane conditions 
                to another person, including--
                            ``(i) transporting the person in an engine 
                        compartment, storage compartment, or other 
                        confined space;
                            ``(ii) transporting the person at an 
                        excessive speed or in excess of the rated 
                        capacity of the means of transportation; or
                            ``(iii) transporting the person in, 
                        harboring the person in, or otherwise 
                        subjecting the person to crowded or dangerous 
                        conditions;
                    ``(E) if the violation caused serious bodily injury 
                (as defined in section 2119(2) of title 18, United 
                States Code) to any person, be fined under such title, 
                imprisoned for not less than 7 years or more than 30 
                years, or both;
                    ``(F) be fined under such title and imprisoned for 
                not less than 10 years or more than 30 years if the 
                violation involved an alien who the offender knew or 
                had reason to believe was--
                            ``(i) engaged in terrorist activity (as 
                        defined in section 212(a)(3)(B)); or
                            ``(ii) intending to engage in terrorist 
                        activity;
                    ``(G) if the violation caused or resulted in the 
                death of any person, be punished by death or imprisoned 
                for a term of years not less than 10 years and up to 
                life, and fined under title 18, United States Code.
            ``(3) Limitation.--It is not a violation of subparagraph 
        (D), (E), or (F) of paragraph (1) for a religious denomination 
        having a bona fide nonprofit, religious organization in the 
        United States, or the agents or officers 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 1 year.
            ``(4) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over the offenses 
        described in this subsection.
    ``(b) Seizure and Forfeiture.--
            ``(1) In general.--Any real or personal property used to 
        commit or facilitate the commission of a violation of this 
        section, the gross proceeds of such violation, and any property 
        traceable to such property or proceeds, shall be subject to 
        forfeiture.
            ``(2) Applicable procedures.--Seizures and forfeitures 
        under this subsection shall be governed by the provisions of 
        chapter 46 of title 18, United States Code, relating to civil 
        forfeitures, except that such duties as are imposed upon the 
        Secretary of the Treasury under the customs laws described in 
        section 981(d) shall be performed by such officers, agents, and 
        other persons as may be designated for that purpose by the 
        Secretary of Homeland Security.
            ``(3) Prima facie evidence in determinations of 
        violations.--In determining whether a violation of subsection 
        (a) has occurred, prima facie evidence that an alien involved 
        in the alleged violation lacks lawful authority to come to, 
        enter, reside in, remain in, or be in the United States or that 
        such alien had come to, entered, resided in, remained in, or 
        been present in the United States in violation of law may 
        include:
                    ``(A) any order, finding, or determination 
                concerning the alien's status or lack of status made by 
                a Federal judge or administrative adjudicator 
                (including an immigration judge or immigration officer) 
                during any judicial or administrative proceeding 
                authorized under Federal immigration law;
                    ``(B) official records of the Department of 
                Homeland Security, the Department of Justice, or the 
                Department of State concerning the alien's status or 
                lack of status; and
                    ``(C) testimony by an immigration officer having 
                personal knowledge of the facts concerning the alien's 
                status or lack of status.
    ``(c) Authority To Arrest.--No officer or person shall have 
authority to make any arrests for a violation of any provision of this 
section except:
            ``(1) officers and employees designated by the Secretary of 
        Homeland Security, either individually or as a member of a 
        class; and
            ``(2) other officers responsible for the enforcement of 
        Federal criminal laws.
    ``(d) Admissibility of Videotaped Witness Testimony.--
Notwithstanding any provision of the Federal Rules of Evidence, the 
videotaped or otherwise audiovisually preserved deposition of a witness 
to a violation of subsection (a) who has been deported or otherwise 
expelled from the United States, or is otherwise unavailable to 
testify, may be admitted into evidence in an action brought for that 
violation if:
            ``(1) the witness was available for cross examination at 
        the deposition by the party, if any, opposing admission of the 
        testimony; and
            ``(2) the deposition otherwise complies with the Federal 
        Rules of Evidence.
    ``(e) Definitions.--In this section:
            ``(1) Cross the border to the united states.--The term 
        `cross the border' refers to the physical act of crossing the 
        border, regardless of whether the alien is free from official 
        restraint.
            ``(2) Lawful authority.--The term `lawful authority' means 
        permission, authorization, or license that is expressly 
        provided for in the immigration laws of the United States or 
        accompanying regulations. The term does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law or authority sought, but not approved. No alien shall be 
        deemed to have lawful authority to come to, enter, reside in, 
        remain in, or be in the United States if such coming to, entry, 
        residence, remaining, or presence was, is, or would be in 
        violation of law.
            ``(3) Proceeds.--The term `proceeds' includes any property 
        or interest in property obtained or retained as a consequence 
        of an act or omission in violation of this section.
            ``(4) Unlawful transit.--The term `unlawful transit' means 
        travel, movement, or temporary presence that violates the laws 
        of any country in which the alien is present or any country 
        from which or to which the alien is traveling or moving.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by striking the item relating to section 
274 and inserting the following:

``Sec. 274. Alien smuggling and related offenses.''.
    (c) Prohibiting Carrying or Using a Firearm During and in Relation 
to an Alien Smuggling Crime.--Section 924(c) of title 18, United States 
Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)----
                            (i) by inserting ``, alien smuggling 
                        crime,'' after ``any crime of violence''; and
                            (ii) by inserting ``, alien smuggling 
                        crime,'' after ``such crime of violence''; and
                    (B) in subparagraph (D)(ii), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence''; and
            (2) by adding at the end the following:
            ``(6) For purposes of this subsection, the term `alien 
        smuggling crime' means any felony punishable under section 
        274(a), 277, or 278 of the Immigration and Nationality Act (8 
        U.S.C. 1324(a), 1327, and 1328).''.

SEC. 315. PENALTIES FOR ILLEGAL ENTRY.

    (a) In General.--Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended to read as follows:

                            ``illegal entry

    ``Sec. 275.  (a) In General.--
            ``(1) Illegal entry.--An alien shall be subject to the 
        penalties set forth in paragraph (2) if the alien:
                    ``(A) knowingly enters or crosses the border into 
                the United States at any time or place other than as 
                designated by the Secretary of Homeland Security;
                    ``(B) knowingly eludes, at any time or place, 
                examination or inspection by an authorized immigration, 
                customs, or agriculture officer (including by failing 
                to stop at the command of such officer);
                    ``(C) knowingly enters or crosses the border to the 
                United States and, upon examination or inspection, 
                knowingly makes a false or misleading representation or 
                the knowing concealment of a material fact (including 
                such representation or concealment in the context of 
                arrival, reporting, entry, or clearance requirements of 
                the customs laws, immigration laws, agriculture laws, 
                or shipping laws); or
                    ``(D) knowingly violates for a period of 90 days or 
                more the terms or conditions of the alien's admission 
                or parole into the United States.
            ``(2) Criminal penalties.--Any alien who violates any 
        provision under paragraph (1):
                    ``(A) shall, for the first violation, be fined 
                under title 18, United States Code, imprisoned not more 
                than 6 months, or both;
                    ``(B) shall, for a second or subsequent violation, 
                or following an order of voluntary departure, be fined 
                under such title, imprisoned not more than 2 years, or 
                both;
                    ``(C) if the violation occurred after the alien had 
                been convicted of 3 or more misdemeanors or for a 
                felony, shall be fined under such title, imprisoned not 
                more than 10 years, or both;
                    ``(D) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 30 months, 
                shall be fined under such title, imprisoned not more 
                than 15 years, or both; and
                    ``(E) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 60 months, such 
                alien shall be fined under such title, imprisoned not 
                more than 20 years, or both.
            ``(3) Prior convictions.--The prior convictions described 
        in subparagraphs (C) through (E) of paragraph (2) are elements 
        of the offenses described and the penalties in such 
        subparagraphs shall apply only in cases in which the conviction 
        or convictions that form the basis for the additional penalty 
        are--
                    ``(A) alleged in the indictment or information; and
                    ``(B) proven beyond a reasonable doubt at trial or 
                admitted by the defendant.
            ``(4) Duration of offense.--An offense under this 
        subsection continues until the alien is discovered within the 
        United States by an immigration, customs, or agriculture 
        officer.
            ``(5) Attempt.--Whoever attempts to commit any offense 
        under this section shall be punished in the same manner as for 
        a completion of such offense.
    ``(b) Improper Time or Place; Civil Penalties.--
            ``(1) In general.--Any alien who is apprehended while 
        entering, attempting to enter, or knowingly crossing or 
        attempting to cross the border to the United States at a time 
        or place other than as designated by immigration officers shall 
        be subject to a civil penalty, in addition to any criminal or 
        other civil penalties that may be imposed under any other 
        provision of law, in an amount equal to--
                    ``(A) not less than $50 or more than $250 for each 
                such entry, crossing, attempted entry, or attempted 
                crossing; or
                    ``(B) twice the amount specified in paragraph (1) 
                if the alien had previously been subject to a civil 
                penalty under this subsection.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by striking the item relating to section 
275 and inserting the following:

``275. Illegal entry.''.

SEC. 316. ILLEGAL REENTRY.

    Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended to read as follows:

                       ``reentry of removed alien

    ``Sec. 276.  (a) Reentry After Removal.--Any alien who has been 
denied admission, excluded, deported, or removed, or who has departed 
the United States while an order of exclusion, deportation, or removal 
is outstanding, and subsequently enters, attempts to enter, crosses the 
border to, attempts to cross the border to, or is at any time found in 
the United States, shall be fined under title 18, United States Code, 
imprisoned not more than 2 years, or both.
    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty 
provided in subsection (a), if an alien described in that subsection 
was convicted before such removal or departure:
            ``(1) for 3 or more misdemeanors or for a felony, the alien 
        shall be fined under title 18, United States Code, imprisoned 
        not more than 10 years, or both;
            ``(2) for a felony for which the alien was sentenced to a 
        term of imprisonment of not less than 30 months, the alien 
        shall be fined under such title, imprisoned not less than 2 
        years and not more than 15 years, or both;
            ``(3) for a felony for which the alien was sentenced to a 
        term of imprisonment of not less than 60 months, the alien 
        shall be fined under such title, imprisoned not less than 4 
        years and not more than 20 years, or both;
            ``(4) for murder, rape, kidnapping, or a felony offense 
        described in chapter 77 (relating to peonage and slavery) or 
        113B (relating to terrorism) of such title, or for 3 or more 
        felonies of any kind, the alien shall be fined under such 
        title, imprisoned not less than 5 years and not more than 25 
        years, or both.
    ``(c) Reentry After Repeated Removal.--Any alien who has been 
denied admission, excluded, deported, or removed 3 or more times and 
thereafter enters, attempts to enter, crosses the border to, attempts 
to cross the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, imprisoned not more 
than 10 years, or both.
    ``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b) are elements of the crimes described, and the 
penalties in that subsection shall apply only in cases in which the 
conviction or convictions that form the basis for the additional 
penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial or admitted 
        by the defendant.
    ``(e) Affirmative Defenses.--It shall be an affirmative defense to 
a violation of this section that--
            ``(1) prior to the alleged violation, the alien had sought 
        and received the express consent of the Secretary of Homeland 
        Security to reapply for admission into the United States; or
            ``(2) with respect to an alien previously denied admission 
        and removed, the alien--
                    ``(A) was not required to obtain such advance 
                consent under the Immigration and Nationality Act or 
                any prior Act; and
                    ``(B) had complied with all other laws and 
                regulations governing the alien's admission into the 
                United States.
    ``(f) Limitation on Collateral Attack on Underlying Removal 
Order.--In a criminal proceeding under this section, an alien may not 
challenge the validity of any prior removal order concerning the alien.
    ``(g) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
enters, attempts to enter, crosses the border to, attempts to cross the 
border to, or is at any time found in, the United States shall be 
incarcerated for the remainder of the sentence of imprisonment which 
was pending at the time of deportation without any reduction for parole 
or supervised release unless the alien affirmatively demonstrates that 
the Secretary of Homeland Security has expressly consented to the 
alien's reentry. Such alien shall be subject to such other penalties 
relating to the reentry of removed aliens as may be available under 
this section or any other provision of law.
    ``(h) Definitions.--For purposes of this section and section 275, 
the following definitions shall apply:
            ``(1) Crosses the border to the united states.--The term 
        `crosses the border' refers to the physical act of crossing the 
        border, regardless of whether the alien is free from official 
        restraint.
            ``(2) Felony.--The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(3) Misdemeanor.--The term `misdemeanor' means any 
        criminal offense punishable by a term of imprisonment of not 
        more than 1 year under the applicable laws of the United 
        States, any State, or a foreign government.
            ``(4) Removal.--The term `removal' includes any denial of 
        admission, exclusion, deportation, or removal, or any agreement 
        by which an alien stipulates or agrees to exclusion, 
        deportation, or removal.
            ``(5) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.

SEC. 317. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

    Chapter 75 of title 18, United States Code, is amended to read as 
follows:

                   ``CHAPTER 75--PASSPORTS AND VISAS

``Sec.
``1541. Issuance without authority.
``1542. False statement in application and use of passport.
``1543. Forgery or false use of passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Attempts and conspiracies.
``1548. Alternative penalties for certain offenses.
``1549. Definitions.
``Sec. 1541. Issuance without authority
    ``(a) In General.--Whoever--
            ``(1) acting or claiming to act in any office or capacity 
        under the United States, or a State, without lawful authority 
        grants, issues, or verifies any passport or other instrument in 
        the nature of a passport to or for any person; or
            ``(2) being a consular officer authorized to grant, issue, 
        or verify passports, knowingly grants, issues, or verifies any 
        such passport to or for any person not owing allegiance, to the 
        United States, whether a citizen or not;
shall be fined under this title or imprisoned not more than 15 years, 
or both.
    ``(b) Definition.--In this section, the term `State' means a State 
of the United States, the District of Columbia, and any commonwealth, 
territory, or possession of the United States.
``Sec. 1542. False statement in application and use of passport
    ``Whoever knowingly--
            ``(1) makes any false statement in an application for 
        passport with intent to induce or secure the issuance of a 
        passport under the authority of the United States, either for 
        his own use or the use of another, contrary to the laws 
        regulating the issuance of passports or the rules prescribed 
        pursuant to such laws; or
            ``(2) uses or attempts to use, or furnishes to another for 
        use any passport the issue of which was secured in any way by 
        reason of any false statement;
shall be fined under this title or imprisoned not more than 15 years, 
or both.
``Sec. 1543. Forgery or false use of passport
    ``Whoever--
            ``(1) falsely makes, forges, counterfeits, mutilates, or 
        alters any passport or instrument purporting to be a passport, 
        with intent that the same may be used; or
            ``(2) knowingly uses, or attempts to use, or furnishes to 
        another for use any such false, forged, counterfeited, 
        mutilated, or altered passport or instrument purporting to be a 
        passport, or any passport validly issued which has become void 
        by the occurrence of any condition therein prescribed 
        invalidating the same;
shall be fined under this title or imprisoned not more than 15 years, 
or both.
``Sec. 1544. Misuse of a passport
    ``Whoever knowingly--
            ``(1) uses any passport issued or designed for the use of 
        another;
            ``(2) uses any passport in violation of the conditions or 
        restrictions therein contained, or in violation of the laws, 
        regulations, or rules governing the issuance and use of the 
        passport;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes any passport knowing it to be forged, 
        counterfeited, altered, falsely made, procured by fraud, 
        stolen, or produced or issued without lawful authority; or
            ``(4) violates the terms and conditions of any safe conduct 
        duly obtained and issued under the authority of the United 
        States;
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1545. Schemes to defraud aliens
    ``Whoever inside the United States, or in or affecting interstate 
or foreign commerce, in connection with any matter that is authorized 
by or arises under the immigration laws of the United States or any 
matter the offender claims or represents is authorized by or arises 
under the immigration laws of the United States, knowingly executes a 
scheme or artifice--
            ``(1) to defraud any person, or
            ``(2) to obtain or receive money or anything else of value 
        from any person by means of false or fraudulent pretenses, 
        representations, or promises;
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1546. Immigration and visa fraud
    ``Whoever knowingly--
            ``(1) uses any immigration document issued or designed for 
        the use of another;
            ``(2) forges, counterfeits, alters, or falsely makes any 
        immigration document;
            ``(3) mails, prepares, presents, or signs any immigration 
        document knowing it to contain any materially false statement 
        or representation;
            ``(4) secures, possesses, uses, transfers, receives, buys, 
        sells, or distributes any immigration document knowing it to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, or produced or issued without lawful authority;
            ``(5) adopts or uses a false or fictitious name to evade or 
        to attempt to evade the immigration laws;
            ``(6) transfers or furnishes, without lawful authority, an 
        immigration document to another person for use by a person 
        other than the person for whom the immigration document was 
        issued or designed; or
            ``(7) produces, issues, authorizes, or verifies, without 
        lawful authority, an immigration document;
shall be fined under this title, imprisoned not more than 15 years, or 
both.
``Sec. 1547. Attempts and conspiracies
    ``Whoever attempts or conspires to violate this chapter shall be 
punished in the same manner as a person who completes that violation.
``Sec. 1548. Alternative penalties for certain offenses
    ``(a) Terrorism.--Whoever violates any section in this chapter to 
facilitate an act of international terrorism or domestic terrorism (as 
such terms are defined in section 2331), shall be fined under this 
title or imprisoned not more than 25 years, or both.
    ``(b) Drug Trafficking Offenses.--Whoever violates any section in 
this chapter to facilitate a drug trafficking crime (as defined in 
section 929(a)) shall be fined under this title or imprisoned not more 
than 20 years, or both.
``Sec. 1549. Definitions
    ``In this chapter:
            ``(1) An `application for a United States passport' 
        includes any document, photograph, or other piece of evidence 
        attached to or submitted in support of the application.
            ``(2) The term `immigration document' means any instrument 
        on which is recorded, by means of letters, figures, or marks, 
        matters which may be used to fulfill any requirement of the 
        Immigration and Nationality Act.''.

SEC. 318. FORFEITURE.

    Section 981(a)(1) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(I) Any property, real or personal, that has been used to 
        commit or facilitate the commission of a violation of chapter 
        75, the gross proceeds of such violation, and any property 
        traceable to any such property or proceeds.''.

SEC. 319. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL OR 
              SECURITY GROUNDS.

    (a) In General.--Section 238(b) of the Immigration and Nationality 
Act (8 U.S.C. 1228(b)) is amended-
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security in the exercise of 
                discretion''; and
                    (B) by striking ``set forth in this subsection or'' 
                and inserting ``set forth in this subsection, in lieu 
                of removal proceedings under'';
            (2) in paragraph (3), by striking ``paragraph (1) until 14 
        calendar days'' and inserting ``paragraph (1) or (3) until 7 
        calendar days'';
            (3) by striking ``Attorney General'' each place it appears 
        in paragraphs (3) and (4) and inserting ``Secretary of Homeland 
        Security'';
            (4) in paragraph (5)--
                    (A) by striking ``described in this section'' and 
                inserting ``described in paragraph (1) or (2)''; and
                    (B) by striking ``the Attorney General may grant in 
                the Attorney General's discretion'' and inserting ``the 
                Secretary of Homeland Security or the Attorney General 
                may grant, in the discretion of the Secretary or 
                Attorney General, in any proceeding'';
            (5) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (6) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) The Secretary of Homeland Security in the exercise of 
        discretion may determine inadmissibility under section 
        212(a)(2) (relating to criminal offenses) and issue an order of 
        removal pursuant to the procedures set forth in this 
        subsection, in lieu of removal proceedings under section 240, 
        with respect to an alien who
                    ``(A) has not been admitted or paroled;
                    ``(B) has not been found to have a credible fear of 
                persecution pursuant to the procedures set forth in 
                section 235(b)(1)(B); and
                    ``(C) is not eligible for a waiver of 
                inadmissibility or relief from removal.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act but shall not 
apply to aliens who are in removal proceedings under section 240 of the 
Immigration and Nationality Act as of such date.

SEC. 320. INCREASED PENALTIES BARRING THE ADMISSION OF CONVICTED SEX 
              OFFENDERS FAILING TO REGISTER AND REQUIRING DEPORTATION 
              OF SEX OFFENDERS FAILING TO REGISTER.

    (a) Inadmissibility.--Section 212(a)(2)(A)(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)), as amended by section 
302(a) of this Act, is further amended--
            (1) in subclause (II), by striking ``or'' at the end;
            (2) in subclause (III), by adding ``or'' at the end; and
            (3) by inserting after subclause (III) the following:
                                    ``(IV) a violation of section 2250 
                                of title 18, United States Code 
                                (relating to failure to register as a 
                                sex offender);''.
    (b) Deportability.--Section 237(a)(2) of such Act (8 U.S.C. 
1227(a)(2)), as amended by sections 302(c) and 311(c) of this Act, is 
further amended--
            (1) in subparagraph (A), by striking clause (v); and
            (2) by adding at the end the following:
                    ``(I) Any alien convicted of, or who admits having 
                committed, or who admits committing acts which 
                constitute the essential elements of a violation of 
                section 2250 of title 18, United States Code (relating 
                to failure to register as a sex offender) is 
                deportable.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to acts 
that occur before, on, or after the date of the enactment of this Act.

SEC. 321. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

    (a) Immigrants.--Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)), is amended--
            (1) in subparagraph (A), by amending clause (viii) to read 
        as follows:
    ``(viii) Clause (i) shall not apply to a citizen of the United 
States who has been convicted of an offense described in subparagraph 
(A), (I), or (K) of section 101(a)(43), unless the Secretary of 
Homeland Security, in the Secretary's sole and unreviewable discretion, 
determines that the citizen poses no risk to the alien with respect to 
whom a petition described in clause (i) is filed.''; and
            (2) in subparagraph (B)(i)--
                    (A) by redesignating the second subclause (I) as 
                subclause (II); and
                    (B) by amending such subclause (II) to read as 
                follows:
    ``(II) Subclause (I) shall not apply in the case of an alien 
admitted for permanent residence who has been convicted of an offense 
described in subparagraph (A), (I), or (K) of section 101(a)(43), 
unless the Secretary of Homeland Security, in the Secretary's sole and 
unreviewable discretion, determines that the alien lawfully admitted 
for permanent residence poses no risk to the alien with respect to whom 
a petition described in subclause (I) is filed.''.
    (b) Nonimmigrants.--Section 101(a)(15)(K) of such Act (8 U.S.C. 
1101(a)(15)(K)), is amended by striking ``204(a)(1)(A)(viii)(I))'' each 
place such term appears and inserting ``204(a)(1)(A)(viii))''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
petitions filed on or after such date.

SEC. 322. CLARIFICATION TO CRIMES OF VIOLENCE AND CRIMES INVOLVING 
              MORAL TURPITUDE.

    (a) Inadmissible Aliens.--Section 212(a)(2)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)(A)) is amended by adding at 
the end the following:
                            ``(iii) Clarification.--If the conviction 
                        records do not conclusively establish whether a 
                        crime constitutes a crime involving moral 
                        turpitude, the Attorney General may consider 
                        other evidence related to the conviction that 
                        clearly establishes that the conduct for which 
                        the alien was engaged constitutes a crime 
                        involving moral turpitude.''.
    (b) Deportable Aliens.--
            (1) General crimes.--Section 237(a)(2)(A) of such Act (8 
        U.S.C. 1227(a)(2)(A)), as amended by section 320(b) of this 
        Act, is further amended by inserting after clause (iv) the 
        following:
                            ``(v) Crimes involving moral turpitude.--If 
                        the conviction records do not conclusively 
                        establish whether a crime constitutes a crime 
                        involving moral turpitude, the Attorney General 
                        may consider other evidence related to the 
                        conviction that clearly establishes that the 
                        conduct for which the alien was engaged 
                        constitutes a crime involving moral 
                        turpitude.''.
            (2) Domestic violence.--Section 237(a)(2)(E) of such Act (8 
        U.S.C. 1227(a)(2)(E)) is amended by adding at the end the 
        following:
                            ``(iii) Crimes of violence.--If the 
                        conviction records do not conclusively 
                        establish whether a crime of domestic violence 
                        constitutes a crime of violence (as defined in 
                        section 16 of title 18, United States Code), 
                        the Attorney General may consider other 
                        evidence related to the conviction that clearly 
                        establishes that the conduct for which the 
                        alien was engaged constitutes a crime of 
                        violence.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to acts 
that occur before, on, or after the date of the enactment of this Act.

SEC. 323. PENALTIES FOR FAILURE TO OBEY REMOVAL ORDERS.

    (a) In General.--Section 243(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1253(a)(1)) is amended--
            (1) by inserting ``212(a) or'' before ``237(a),'' ; and
            (2) by striking paragraph (3).
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
acts that are described in subparagraphs (A) through (D) of section 
243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)) 
that occur on or after the date of the enactment of this Act.

SEC. 324. PARDONS.

    (a) Definition.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)), as amended by section 311(a) of this Act, is 
further amended by adding at the end the following:
    ``(54) The term `pardon' means a full and unconditional pardon 
granted by the President of the United States, Governor of any of the 
several States or constitutionally recognized body.''.
    (b) Deportability.--Section 237(a) of such Act (8 U.S.C. 1227(a)) 
is amended--
            (1) in paragraph (2)(A), by striking clause (vi); and
            (2) by adding at the end the following:
            ``(8) Pardons.--
                    ``(A) In general.--In the case of an alien who has 
                been convicted of a crime and is subject to removal due 
                to that conviction, if the alien, subsequent to 
                receiving the criminal conviction, is granted a pardon, 
                the alien shall not be deportable by reason of that 
                criminal conviction.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                in the case of an alien granted a pardon if the pardon 
                is granted in whole or in part to eliminate that 
                alien's condition of deportability.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to a 
pardon granted before, on, or after such date.

                        TITLE IV--VISA SECURITY

SEC. 401. CANCELLATION OF ADDITIONAL VISAS.

    (a) In General.--Section 222(g) of the Immigration and Nationality 
Act (8 U.S.C. 1202(g)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary''; and
                    (B) by inserting ``and any other nonimmigrant visa 
                issued by the United States that is in the possession 
                of the alien'' after ``such visa''; and
            (2) in paragraph (2)(A), by striking ``(other than the visa 
        described in paragraph (1)) issued in a consular office located 
        in the country of the alien's nationality'' and inserting 
        ``(other than a visa described in paragraph (1)) issued in a 
        consular office located in the country of the alien's 
        nationality or foreign residence''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
a visa issued before, on, or after such date.

SEC. 402. VISA INFORMATION SHARING.

    (a) In General.--Section 222(f) of the Immigration and Nationality 
Act (8 U.S.C. 1202(f)(2)) is amended--
            (1) by striking ``issuance or refusal'' and inserting 
        ``issuance, refusal, or revocation'';
            (2) in paragraph (2), by striking ``and on the basis of 
        reciprocity'';
            (3) in paragraph (2)(A)--
                    (A) by inserting `` (i)'' after ``for the purpose 
                of''; and
                    (B) by striking ``illicit weapons; or'' and 
                inserting ``illicit weapons, or (ii) determining a 
                person's deportability or eligibility for a visa, 
                admission, or other immigration benefit;'';
            (4) in paragraph (2)(B)--
                    (A) by striking ``for the purposes'' and inserting 
                ``for one of the purposes''; and
                    (B) by striking ``or to deny visas to persons who 
                would be inadmissible to the United States'' and 
                inserting ``; or''; and
            (5) by adding before the period at the end the following:
                    ``(C) with regard to any or all aliens in the 
                database specified data elements from each record, if 
                the Secretary of State determines that it is in the 
                national interest to provide such information to a 
                foreign government.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 60 days after the date of the enactment of the Act.

SEC. 403. RESTRICTING WAIVER OF VISA INTERVIEWS.

    Section 222(h) of the Immigration and Nationality Act (8 U.S.C. 
1202(h)(1)(B)) is amended--
            (1) in paragraph (1)(C), by inserting ``, in consultation 
        with the Secretary of Homeland Security,'' after ``if the 
        Secretary'';
            (2) in paragraph (1)(C)(i), by inserting ``, where such 
        national interest shall not include facilitation of travel of 
        foreign nationals to the United States, reduction of visa 
        application processing times, or the allocation of consular 
        resources'';
            (3) in paragraph (2)--
                    (A) by striking ``or'' at the end of subparagraph 
                (E);
                    (B) by striking the period at the end of 
                subparagraph (F) and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(G) is an individual--
                            ``(i) determined to be in a class of aliens 
                        determined by the Secretary of Homeland 
                        Security to be threats to national security;
                            ``(ii) identified by the Secretary of 
                        Homeland Security as a person of concern; or
                            ``(iii) applying for a visa in a visa 
                        category with respect to which the Secretary of 
                        Homeland Security has determined that a waiver 
                        of the visa interview would create a high risk 
                        of degradation of visa program integrity.''.

SEC. 404. AUTHORIZING THE DEPARTMENT OF STATE TO NOT INTERVIEW CERTAIN 
              INELIGIBLE VISA APPLICANTS.

    (a) In General.--Section 222(h)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1202(h)(1)) is amended by inserting `` the 
alien is determined by the Secretary of State to be ineligible for a 
visa based upon review of the application or'' after ``unless''.
    (b) Guidance.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall issue guidance to 
consular officers on the standards and processes for implementing the 
authority to deny visa applications without interview in cases where 
the alien is determined by the Secretary of State to be ineligible for 
a visa based upon review of the application.
    (c) Reports.--Not less frequently than once each quarter, the 
Secretary of State shall submit to the Congress a report on the denial 
of visa applications without interview, including--
            (1) the number of such denials; and
            (2) a post-by-post breakdown of such denials.

SEC. 405. VISA REFUSAL AND REVOCATION.

    (a) Authority of the Secretary of Homeland Security and the 
Secretary of State.--
            (1) In general.--Section 428 of the Homeland Security Act 
        of 2002 (6 U.S.C. 236) is amended by striking subsections (b) 
        and (c) and inserting the following:
    ``(b) Authority of the Secretary of Homeland Security.--
            ``(1) In general.--Notwithstanding section 104(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other 
        provision of law, and except as provided in subsection (c) and 
        except for the authority of the Secretary of State under 
        subparagraphs (A) and (G) of section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the 
        Secretary--
                    ``(A) shall have exclusive authority to issue 
                regulations, establish policy, and administer and 
                enforce the provisions of the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.) and all other 
                immigration or nationality laws relating to the 
                functions of consular officers of the United States in 
                connection with the granting and refusal of a visa; and
                    ``(B) may refuse or revoke any visa to any alien or 
                class of aliens if the Secretary, or designee, 
                determines that such refusal or revocation is necessary 
                or advisable in the security interests of the United 
                States.
            ``(2) Effect of revocation.--The revocation of any visa 
        under paragraph (1)(B)--
                    ``(A) shall take effect immediately; and
                    ``(B) shall automatically cancel any other valid 
                visa that is in the alien's possession.
            ``(3) Judicial review.--Notwithstanding any other provision 
        of law, including section 2241 of title 28, United States Code, 
        or any other habeas corpus provision, and sections 1361 and 
        1651 of such title, no court shall have jurisdiction to review 
        a decision by the Secretary of Homeland Security to refuse or 
        revoke a visa, and no court shall have jurisdiction to hear any 
        claim arising from, or any challenge to, such a refusal or 
        revocation.
    ``(c) Authority of the Secretary of State.--
            ``(1) In general.--The Secretary of State may direct a 
        consular officer to refuse a visa requested by an alien if the 
        Secretary of State determines such refusal to be necessary or 
        advisable in the interests of the United States.
            ``(2) Limitation.--No decision by the Secretary of State to 
        approve a visa may override a decision by the Secretary of 
        Homeland Security under subsection (b).''.
            (2) Conforming amendment.--Section 237(a)(1)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is 
        amended by striking ``under section 221(i)''.
            (3) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to visa refusals and revocations occurring before, 
        on, or after such date.
    (b) Technical Corrections to the Homeland Security Act.--Section 
428(a) of the Homeland Security Act of 2002 (6 U.S.C. 236) is amended 
by--
            (1) striking ``subsection'' and inserting ``section''; and
            (2) striking ``consular office'' and inserting ``consular 
        officer''.

SEC. 406. FUNDING FOR THE VISA SECURITY PROGRAM.

    (a) In General.--The Department of State and Related Agency 
Appropriations Act, 2005 (title IV of division B of Public Law 108-447) 
is amended, in the fourth paragraph under the heading ``Diplomatic and 
Consular Programs'', by striking ``Beginning'' through the period at 
the end and inserting the following: ``Beginning in fiscal year 2005 
and thereafter, the Secretary of State is authorized to charge 
surcharges related to consular services in support of enhanced border 
security that are in addition to the immigrant visa fees in effect on 
January 1, 2004: Provided, That funds collected pursuant to this 
authority shall be credited to the appropriation for U.S. Immigration 
and Customs Enforcement for the fiscal year in which the fees were 
collected, and shall be available until expended for the funding of the 
Visa Security Program established by the Secretary of Homeland Security 
under section 428(e) of the Homeland Security Act of 2002 (Public Law 
107-296): Provided further, That such surcharges shall be 10 percent of 
the fee assessed on immigrant visa applications.''.
    (b) Repayment of Appropriated Funds.--Twenty percent of the funds 
collected each fiscal year under the heading ``Diplomatic and Consular 
Programs'' in the Department of State and Related Agency Appropriations 
Act, 2005 (title IV of division B of Public Law 108-447), as amended by 
subsection (a), shall be deposited into the general fund of the 
Treasury as repayment of funds appropriated pursuant to section 407(c) 
of this Act until the entire appropriated sum has been repaid.

SEC. 407. EXPEDITIOUS EXPANSION OF VISA SECURITY PROGRAM TO HIGH-RISK 
              POSTS.

    (a) In General.--Section 428(i) of the Homeland Security Act of 
2002 (6 U.S.C. 236(i)) is amended to read as follows:
    ``(i) Visa Issuance at Designated High-Risk Posts.--Notwithstanding 
any other provision of law, the Secretary of Homeland Security shall 
conduct an on-site review of all visa applications and supporting 
documentation before adjudication at the top 30 visa-issuing posts 
designated jointly by the Secretaries of State and Homeland Security as 
high-risk posts.''.
    (b) Assignment of Personnel.--Not later than one year after the 
date of enactment of this section, the Secretary of Homeland Security 
shall assign personnel to the visa-issuing posts referenced in section 
428(i) of the Homeland Security Act of 2002 (6 U.S.C. 236(i)), as 
amended by this section, and communicate such assignments to the 
Secretary of State.
    (c) Appropriations.--There is authorized to be appropriated 
$60,000,000 for each of the fiscal years 2014 and 2015, which shall be 
used to expedite the implementation of section 428(i) of the Homeland 
Security Act, as amended by this section.

SEC. 408. EXPEDITED CLEARANCE AND PLACEMENT OF DEPARTMENT OF HOMELAND 
              SECURITY PERSONNEL AT OVERSEAS EMBASSIES AND CONSULAR 
              POSTS.

    Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is 
amended by adding at the end the following:
    ``(j) Expedited Clearance and Placement of Department of Homeland 
Security Personnel at Overseas Embassies and Consular Posts.--
Notwithstanding any other provision of law, and the processes set forth 
in National Security Defense Directive 38 (dated June 2, 1982) or any 
successor Directive, the Chief of Mission of a post to which the 
Secretary of Homeland Security has assigned personnel under subsection 
(e) or (i) shall ensure, not later than one year after the date on 
which the Secretary of Homeland Security communicates such assignment 
to the Secretary of State, that such personnel have been stationed and 
accommodated at post and are able to carry out their duties.''.

SEC. 409. INCREASED CRIMINAL PENALTIES FOR STUDENT VISA INTEGRITY.

    Section 1546 of title 18, United States Code, is amended by 
striking ``10 years'' and inserting ``15 years (if the offense was 
committed by an owner, official, or employee of an educational 
institution with respect to such institution's participation in the 
Student and exchange Visitor Program), 10 years''.

SEC. 410. ACCREDITATION REQUIREMENTS.

    (a) Colleges, Universities, and Language Training Programs.--
Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended--
            (1) in paragraph (15)(F)(i)--
                    (A) by striking ``section 214(1) at an established 
                college, university, seminary, conservatory or in an 
                accredited language training program in the United 
                States'' and inserting ``section 214(m) at an 
                accredited college, university, or language training 
                program, or at an established seminary, conservatory, 
                academic high school, elementary school, or other 
                academic institution in the United States''; and
                    (B) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (C) by amending paragraph (52) to read as follows:
            ``(52) Except as provided in section 214(m)(4), the term 
        `accredited college, university, or language training program' 
        means a college, university, or language training program that 
        is accredited by an accrediting agency recognized by the 
        Secretary of Education.''.
    (b) Other Academic Institutions.--Section 214(m) of the Immigration 
and Nationality Act (8 U.S.C. 1184(m)) is amended by adding at the end 
the following:
            ``(3) The Secretary of Homeland Security shall require 
        accreditation of an academic institution (except for seminaries 
        or other religious institutions) for purposes of section 
        101(a)(15)(F) if--
                    ``(A) that institution is not already required to 
                be accredited under section 101(a)(15)(F)(i); and
                    ``(B) an appropriate accrediting agency recognized 
                by the Secretary of Education is able to provide such 
                accreditation.
            ``(4) The Secretary of Homeland Security, in the 
        Secretary's discretion, may waive the accreditation requirement 
        in paragraph (3) or section 101(a)(15)(F)(i) with respect to an 
        institution if such institution--
                    ``(A) is otherwise in compliance with the 
                requirements of section 101(a)(15)(F)(i); and
                    ``(B) has been a candidate for accreditation for at 
                least 1 year and continues to progress toward 
                accreditation by an accrediting agency recognized by 
                the Secretary of Education.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall--
                    (A) take effect on the date that is 180 days after 
                the date of enactment of this Act; and
                    (B) apply with respect to applications for 
                nonimmigrant visas that are filed on or after the 
                effective date described in subparagraph (A).
            (2) Temporary exception.--During the 3-year period 
        beginning on the effective date described in paragraph (1)(A), 
        an institution that is newly required to be accredited under 
        this section may continue to participate in the Student and 
        Exchange Visitor Program notwithstanding the institution's lack 
        of accreditation if the institution--
                    (A) was certified under the Student and Exchange 
                Visitor Program on such date;
                    (B) submitted an application for accreditation to 
                an accrediting agency recognized by the Secretary of 
                Education during the 6-month period ending on such 
                date; and
                    (C) continues to progress toward accreditation by 
                such accrediting agency.

SEC. 411. VISA FRAUD.

    (a) Temporary Suspension of SEVIS Access.--Section 641(d) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372(d)) is amended--
            (1) in paragraph (1)(A), by striking ``institution,,'' and 
        inserting ``institution,''; and
            (2) by adding at the end the following:
            ``(3) Effect of reasonable suspicion of fraud.--If the 
        Secretary of Homeland Security has reasonable suspicion that an 
        owner of, or a designated school official at, an approved 
        institution of higher education, an other approved educational 
        institution, or a designated exchange visitor program has 
        committed fraud or attempted to commit fraud relating to any 
        aspect of the Student and Exchange Visitor Program, the 
        Secretary may immediately suspend, without notice, such 
        official's or such school's access to the Student and Exchange 
        Visitor Information System (SEVIS), including the ability to 
        issue Form I-20s, pending a final determination by the 
        Secretary with respect to the institution's certification under 
        the Student and Exchange Visitor Program.''.
    (b) Effect of Conviction for Visa Fraud.--Such section 641(d), as 
amended by subsection (a)(2), is further amended by adding at the end 
the following:
            ``(4) Permanent disqualification for fraud.--A designated 
        school official at, or an owner of, an approved institution of 
        higher education, an other approved educational institution, or 
        a designated exchange visitor program who is convicted for 
        fraud relating to any aspect of the Student and Exchange 
        Visitor Program shall be permanently disqualified from filing 
        future petitions and from having an ownership interest or a 
        management role, including serving as a principal, owner, 
        officer, board member, general partner, designated school 
        official, or any other position of substantive authority for 
        the operations or management of the institution, in any United 
        States educational institution that enrolls nonimmigrant alien 
        students described in subparagraph (F) or (M) of section 
        101(a)(15) the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)).''.

SEC. 412. BACKGROUND CHECKS.

    (a) In General.--Section 641(d) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended 
by section 411(b) of this Act, is further amended by adding at the end 
the following:
            ``(5) Background check requirement.--
                    ``(A) In general.--An individual may not serve as a 
                designated school official or be granted access to 
                SEVIS unless the individual is a national of the United 
                States or an alien lawfully admitted for permanent 
                residence and during the most recent 3-year period--
                            ``(i) the Secretary of Homeland Security 
                        has--
                                    ``(I) conducted a thorough 
                                background check on the individual, 
                                including a review of the individual's 
                                criminal and sex offender history and 
                                the verification of the individual's 
                                immigration status; and
                                    ``(II) determined that the 
                                individual has not been convicted of 
                                any violation of United States 
                                immigration law and is not a risk to 
                                national security of the United States; 
                                and
                            ``(ii) the individual has successfully 
                        completed an on-line training course on SEVP 
                        and SEVIS, which has been developed by the 
                        Secretary.
                    ``(B) Interim designated school official.--
                            ``(i) In general.--An individual may serve 
                        as an interim designated school official during 
                        the period that the Secretary is conducting the 
                        background check required by subparagraph 
                        (A)(i)(I).
                            ``(ii) Reviews by the secretary.--If an 
                        individual serving as an interim designated 
                        school official under clause (i) does not 
                        successfully complete the background check 
                        required by subparagraph (A)(i)(I), the 
                        Secretary shall review each Form I-20 issued by 
                        such interim designated school official.
            ``(6) Fee.--The Secretary is authorized to collect a fee 
        from an approved school for each background check conducted 
        under paragraph (6)(A)(i). The amount of such fee shall be 
        equal to the average amount expended by the Secretary to 
        conducted such background checks.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 1 year after the date of the enactment 
of this Act.

SEC. 413. FLIGHT SCHOOLS NOT CERTIFIED BY FAA.

    (a) In General.--Except as provided in subsection (b), the 
Secretary of Homeland Security shall prohibit any flight school in the 
United States from accessing SEVIS or issuing a Form I-20 to an alien 
seeking a student visa pursuant to subparagraph (F)(i) or (M)(i) of 
section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) if the flight school has not been certified to the 
satisfaction of the Secretary and by the Federal Aviation 
Administration pursuant to part 141 or part 142 of title 14, Code of 
Federal Regulations (or similar successor regulations).
    (b) Temporary Exception.--During the 5-year period beginning on the 
date of the enactment of this Act, the Secretary may waive the 
requirement under subsection (a) that a flight school be certified by 
the Federal Aviation Administration if such flight school--
            (1) was certified under the Student and Exchange Visitor 
        Program on the date of the enactment of this Act;
            (2) submitted an application for certification with the 
        Federal Aviation Administration during the 1-year period 
        beginning on such date; and
            (3) continues to progress toward certification by the 
        Federal Aviation Administration.

SEC. 414. REVOCATION OF ACCREDITATION.

    At the time an accrediting agency or association is required to 
notify the Secretary of Education and the appropriate State licensing 
or authorizing agency of the final denial, withdrawal, suspension, or 
termination of accreditation of an institution pursuant to section 496 
of the Higher Education Act of 1965 (20 U.S.C. 1099b), such accrediting 
agency or association shall notify the Secretary of Homeland Security 
of such determination and the Secretary of Homeland Security shall 
immediately withdraw the school from the SEVP and prohibit the school 
from accessing SEVIS.

SEC. 415. REPORT ON RISK ASSESSMENT.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report that contains the risk assessment 
strategy that will be employed by the Secretary to identify, 
investigate, and take appropriate action against schools and school 
officials that are facilitating the issuance of Form I-20 and the 
maintenance of student visa status in violation of the immigration laws 
of the United States.

SEC. 416. IMPLEMENTATION OF GAO RECOMMENDATIONS.

    Not later than 180 days after the date of the enactment of this 
act, the Secretary of Homeland Security shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report that describes--
            (1) the process in place to identify and assess risks in 
        the SEVP;
            (2) a risk assessment process to allocate SEVP's resources 
        based on risk;
            (3) the procedures in place for consistently ensuring a 
        school's eligibility, including consistently verifying in lieu 
        of letters;
            (4) how SEVP identified and addressed missing school case 
        files;
            (5) a plan to develop and implement a process to monitor 
        state licensing and accreditation status of all SEVP-certified 
        schools;
            (6) whether all flight schools that have not been certified 
        to the satisfaction of the Secretary and by the Federal 
        Aviation Administration have been removed from the program and 
        have been restricted from accessing SEVIS;
            (7) the standard operating procedures that govern 
        coordination among SEVP, Counterterrorism and Criminal 
        Exploitation Unit, and U.S. Immigration and Customs Enforcement 
        field offices; and
            (8) the established criteria for referring cases of a 
        potentially criminal nature from SEVP to the counterterrorism 
        and intelligence community.

SEC. 417. IMPLEMENTATION OF SEVIS II.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary of Homeland Security shall complete the deployment of 
both phases of the 2nd generation Student and Exchange Visitor 
Information System (commonly known as ``SEVIS II'').

SEC. 418. DEFINITIONS.

    (a) Definitions.--For purposes of this title:
            (1) SEVIS.--The term ``SEVIS'' means the Student and 
        Exchange Visitor Information System of the Department of 
        Homeland Security.
            (2) SEVP.--The term ``SEVP'' means the Student and Exchange 
        Visitor Program of the Department of Homeland Security.

   TITLE V--AID TO U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICERS

SEC. 501. ICE IMMIGRATION ENFORCEMENT AGENTS.

    (a) In General.--The Secretary of Homeland Security shall authorize 
all immigration enforcement agents and deportation officers of the 
Department of Homeland Security 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 such Act to arrest for any 
        felony;
            (3) section 274(a) of such Act to arrest for bringing in, 
        transporting, or harboring certain aliens, or inducing them to 
        enter;
            (4) section 287(a) of such 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 such 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. 502. ICE DETENTION ENFORCEMENT OFFICERS.

    (a) Authorization.--The Secretary of Homeland Security is 
authorized to hire 2,500 Immigration and Customs Enforcement detention 
enforcement officers.
    (b) Duties.--Immigration and Customs Enforcement 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 Department of Homeland Security detention 
        facilities; and
            (4) assisting in the processing of detainees.

SEC. 503. ENSURING THE SAFETY OF ICE OFFICERS AND AGENTS.

    (a) Body Armor.--The Secretary of Homeland Security 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.--Such 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.
    (c) Effective Date.--This section shall take effect 90 days after 
the date of the enactment of this Act.

SEC. 504. ICE ADVISORY COUNCIL.

    (a) Establishment.--An ICE Advisory Council shall be established 
not later than 3 months after the date of the enactment of this Act.
    (b) Membership.--The ICE Advisor Council shall be comprised of 7 
members.
    (c) Appointment.--Members shall to be appointed in the following 
manner:
            (1) One member shall be appointed by the President;
            (2) One member shall be appointed by the Chairman of the 
        Judiciary Committee of the House of Representatives;
            (3) One member shall be appointed by the Chairman of the 
        Judiciary Committee of the Senate;
            (4) One member shall be appointed by the Local 511, the ICE 
        prosecutor's union; and
            (5) Three members shall be appointed by the National 
        Immigration and Customs Enforcement Council.
    (d) Term.--Members shall serve renewable, 2-year terms.
    (e) Voluntary.--Membership shall be voluntary and non-remunerated, 
except that members will receive reimbursement from the Secretary of 
Homeland Security for travel and other related expenses.
    (f) Retaliation Protection.--Members who are employed by the 
Secretary of Homeland Security shall be protected from retaliation by 
their supervisors, managers, and other Department of Homeland Security 
employees for their participation on the Council.
    (g) Purpose.--The purpose of the Council is to advise the Congress 
and the Secretary of Homeland Security on issues including the 
following:
            (1) The current status of 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 the 
        Secretary of Homeland Security and other law enforcement 
        agencies, including additional types of enforcement activities 
        that the Secretary should be engaged in, such as State and 
        local criminal task forces;
            (3) Personnel, equipment, and other resource needs of field 
        personnel;
            (4) Improvements that should be made to the organizational 
        structure of the Department of Homeland Security, 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 the Secretary of Homeland Security, 
        and whether other enforcement priorities should be considered.
    (h) 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 Secretary of Homeland 
Security. The Council members shall meet directly with the Chairmen and 
Ranking Members (or their designated representatives) and with the 
Secretary to discuss their reports every 6 months.

SEC. 505. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.

    (a) In General.--The Secretary of Homeland Security 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 504 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.
    (g) Effective Date.--This section shall take effect 180 days after 
the date of the enactment of this Act.

SEC. 506. ADDITIONAL ICE DEPORTATION OFFICERS AND SUPPORT STAFF.

    (a) In General.--The Secretary of Homeland Security 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. 507. ADDITIONAL ICE PROSECUTORS.

    The Secretary of Homeland Security shall increase by 60 the number 
of full-time trial attorneys working for the Immigration and Customs 
Enforcement Office of the Principal Legal Advisor.

             TITLE VI--MISCELLANEOUS ENFORCEMENT PROVISIONS

SEC. 601. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

    (a) In General.--Section 240B of the Immigration and Nationality 
Act (8 U.S.C. 1229c) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Instead of removal proceedings.--If an alien is not 
        described in paragraph (2)(A)(iii) or (4) of section 237(a), 
        the Secretary of Homeland Security may permit the alien to 
        voluntarily depart the United States at the alien's own expense 
        under this subsection instead of being subject to proceedings 
        under section 240.'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (2) as paragraph 
                (3);
                    (D) by adding after paragraph (1) the following:
            ``(2) Before the conclusion of removal proceedings.--If an 
        alien is not described in paragraph (2)(A)(iii) or (4) of 
        section 237(a), the Attorney General may permit the alien to 
        voluntarily depart the United States at the alien's own expense 
        under this subsection after the initiation of removal 
        proceedings under section 240 and before the conclusion of such 
        proceedings before an immigration judge.'';
                    (E) in paragraph (3), as redesignated--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) Instead of removal.--Subject to subparagraph 
                (C), permission to voluntarily depart under paragraph 
                (1) shall not be valid for any period in excess of 120 
                days. The Secretary may require an alien permitted to 
                voluntarily depart under paragraph (1) to post a 
                voluntary departure bond, to be surrendered upon proof 
                that the alien has departed the United States within 
                the time specified.'';
                            (ii) by redesignating subparagraphs (B), 
                        (C), and (D) as paragraphs (C), (D), and (E), 
                        respectively;
                            (iii) by adding after subparagraph (A) the 
                        following:
                    ``(B) Before the conclusion of removal 
                proceedings.--Permission to voluntarily depart under 
                paragraph (2) shall not be valid for any period in 
                excess of 60 days, and may be granted only after a 
                finding that the alien has the means to depart the 
                United States and intends to do so. An alien permitted 
                to voluntarily depart under paragraph (2) shall post a 
                voluntary departure bond, in an amount necessary to 
                ensure that the alien will depart, to be surrendered 
                upon proof that the alien has departed the United 
                States within the time specified. An immigration judge 
                may waive the requirement to post a voluntary departure 
                bond in individual cases upon a finding that the alien 
                has presented compelling evidence that the posting of a 
                bond will pose a serious financial hardship and the 
                alien has presented credible evidence that such a bond 
                is unnecessary to guarantee timely departure.'';
                            (iv) in subparagraph (C), as redesignated, 
                        by striking ``subparagraphs (C) and(D)(ii)'' 
                        and inserting ``subparagraphs (D) and 
                        (E)(ii)'';
                            (v) in subparagraph (D), as redesignated, 
                        by striking ``subparagraph (B)'' each place 
                        that term appears and inserting ``subparagraph 
                        (C)''; and
                            (vi) in subparagraph (E), as redesignated, 
                        by striking ``subparagraph (B)'' each place 
                        that term appears and inserting ``subparagraph 
                        (C)''; and
                    (F) in paragraph (4), by striking ``paragraph (1)'' 
                and inserting ``paragraphs (1) and (2)'';
            (2) in subsection (b)(2), by striking ``a period exceeding 
        60 days'' and inserting ``any period in excess of 45 days'';
            (3) by amending subsection (c) to read as follows:
    ``(c) Conditions on Voluntary Departure.--
            ``(1) Voluntary departure agreement.--Voluntary departure 
        may only be granted as part of an affirmative agreement by the 
        alien. A voluntary departure agreement under subsection (b) 
        shall include a waiver of the right to any further motion, 
        appeal, application, petition, or petition for review relating 
        to removal or relief or protection from removal.
            ``(2) Concessions by the secretary.--In connection with the 
        alien's agreement to depart voluntarily under paragraph (1), 
        the Secretary of Homeland Security may agree to a reduction in 
        the period of inadmissibility under subparagraph (A) or (B)(i) 
        of section 212(a)(9).
            ``(3) Advisals.--Agreements relating to voluntary departure 
        granted during removal proceedings under section 240, or at the 
        conclusion of such proceedings, shall be presented on the 
        record before the immigration judge. The immigration judge 
        shall advise the alien of the consequences of a voluntary 
        departure agreement before accepting such agreement.
            ``(4) Failure to comply with agreement.--
                    ``(A) In general.--If an alien agrees to voluntary 
                departure under this section and fails to depart the 
                United States within the time allowed for voluntary 
                departure or fails to comply with any other terms of 
                the agreement (including failure to timely post any 
                required bond), the alien is--
                            ``(i) ineligible for the benefits of the 
                        agreement;
                            ``(ii) subject to the penalties described 
                        in subsection (d); and
                            ``(iii) subject to an alternate order of 
                        removal if voluntary departure was granted 
                        under subsection (a)(2) or (b).
                    ``(B) Effect of filing timely appeal.--If, after 
                agreeing to voluntary departure, the alien files a 
                timely appeal of the immigration judge's decision 
                granting voluntary departure, the alien may pursue the 
                appeal instead of the voluntary departure agreement. 
                Such appeal operates to void the alien's voluntary 
                departure agreement and the consequences of such 
                agreement, but precludes the alien from another grant 
                of voluntary departure while the alien remains in the 
                United States.
            ``(5) Voluntary departure period not affected.--Except as 
        expressly agreed to by the Secretary in writing in the exercise 
        of the Secretary's discretion before the expiration of the 
        period allowed for voluntary departure, no motion, appeal, 
        application, petition, or petition for review shall affect, 
        reinstate, enjoin, delay, stay, or toll the alien's obligation 
        to depart from the United States during the period agreed to by 
        the alien and the Secretary.'';
            (4) by amending subsection (d) to read as follows:
    ``(d) Penalties for Failure To Depart.--If an alien is permitted to 
voluntarily depart under this section and fails to voluntarily depart 
from the United States within the time period specified or otherwise 
violates the terms of a voluntary departure agreement, the alien will 
be subject to the following penalties:
            ``(1) Civil penalty.--The alien shall be liable for a civil 
        penalty of $3,000. The order allowing voluntary departure shall 
        specify the amount of the penalty, which shall be acknowledged 
        by the alien on the record. If the Secretary thereafter 
        establishes that the alien failed to depart voluntarily within 
        the time allowed, no further procedure will be necessary to 
        establish the amount of the penalty, and the Secretary may 
        collect the civil penalty at any time thereafter and by 
        whatever means provided by law. An alien will be ineligible for 
        any benefits under this chapter until this civil penalty is 
        paid.
            ``(2) Ineligibility for relief.--The alien shall be 
        ineligible during the time the alien remains in the United 
        States and for a period of 10 years after the alien's departure 
        for any further relief under this section and sections 240A, 
        245, 248, and 249. The order permitting the alien to depart 
        voluntarily shall inform the alien of the penalties under this 
        subsection.
            ``(3) Reopening.--The alien shall be ineligible to reopen 
        the final order of removal that took effect upon the alien's 
        failure to depart, or upon the alien's other violations of the 
        conditions for voluntary departure, during the period described 
        in paragraph (2). This paragraph does not preclude a motion to 
        reopen to seek withholding of removal under section 241(b)(3) 
        or protection against torture, if the motion--
                    ``(A) presents material evidence of changed country 
                conditions arising after the date of the order granting 
                voluntary departure in the country to which the alien 
                would be removed; and
                    ``(B) makes a sufficient showing to the 
                satisfaction of the Attorney General that the alien is 
                otherwise eligible for such protection.'';
            (5) by amending subsection (e) to read as follows:
    ``(e) Eligibility.--
            ``(1) Prior grant of voluntary departure.--An alien shall 
        not be permitted to voluntarily depart under this section if 
        the Secretary of Homeland Security or the Attorney General 
        previously permitted the alien to depart voluntarily.
            ``(2) Rulemaking.--The Secretary may promulgate regulations 
        to limit eligibility or impose additional conditions for 
        voluntary departure under subsection (a)(1) for any class of 
        aliens. The Secretary or Attorney General may by regulation 
        limit eligibility or impose additional conditions for voluntary 
        departure under subsections (a)(2) or (b) of this section for 
        any class or classes of aliens.''; and
            (6) in subsection (f), by adding at the end the following: 
        ``Notwithstanding section 242(a)(2)(D) of this Act, sections 
        1361, 1651, and 2241 of title 28, United States Code, any other 
        habeas corpus provision, and any other provision of law 
        (statutory or nonstatutory), no court shall have jurisdiction 
        to affect, reinstate, enjoin, delay, stay, or toll the period 
        allowed for voluntary departure under this section.''.
    (b) Rulemaking.--The Secretary shall within one year of the date of 
enactment of this Act promulgate regulations to provide for the 
imposition and collection of penalties for failure to depart under 
section 240B(d) of the Immigration and Nationality Act (8 U.S.C. 
1229c(d)).
    (c) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to all 
        orders granting voluntary departure under section 240B of the 
        Immigration and Nationality Act (8 U.S.C. 1229c) made on or 
        after the date that is 180 days after the enactment of this 
        Act.
            (2) Exception.--The amendment made by subsection (a)(6) 
        shall take effect on the date of the enactment of this Act and 
        shall apply with respect to any petition for review which is 
        filed on or after such date.

SEC. 602. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED 
              STATES UNLAWFULLY.

    (a) Inadmissible Aliens.--Section 212(a)(9)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(9)(A)) is amended--
            (1) in clause (i), by striking ``seeks admission within 5 
        years of the date of such removal (or within 20 years'' and 
        inserting ``seeks admission not later than 5 years after the 
        date of the alien's removal (or not later than 20 years after 
        the alien's removal''; and
            (2) in clause (ii), by striking ``seeks admission within 10 
        years of the date of such alien's departure or removal (or 
        within 20 years of'' and inserting ``seeks admission not later 
        than 10 years after the date of the alien's departure or 
        removal (or not later than 20 years after''.
    (b) Bar on Discretionary Relief.--Section 274D of such Act (8 
U.S.C. 324d) is amended--
            (1) in subsection (a), by striking ``Commissioner'' and 
        inserting ``Secretary of Homeland Security''; and
            (2) by adding at the end the following:
    ``(c) Ineligibility for Relief.--
            ``(1) In general.--Unless a timely motion to reopen is 
        granted under section 240(c)(6), an alien described in 
        subsection (a) shall be ineligible for any discretionary relief 
        from removal (including cancellation of removal and adjustment 
        of status) during the time the alien remains in the United 
        States and for a period of 10 years after the alien's departure 
        from the United States.
            ``(2) Savings provision.--Nothing in paragraph (1) shall 
        preclude a motion to reopen to seek withholding of removal 
        under section 241(b)(3) or protection against torture, if the 
        motion--
                    ``(A) presents material evidence of changed country 
                conditions arising after the date of the final order of 
                removal in the country to which the alien would be 
                removed; and
                    ``(B) makes a sufficient showing to the 
                satisfaction of the Attorney General that the alien is 
                otherwise eligible for such protection.''.
    (c) Effective Dates.--The amendments made by this section shall 
take effect on the date of the enactment of this Act with respect to 
aliens who are subject to a final order of removal entered before, on, 
or after such date.

SEC. 603. REINSTATEMENT OF REMOVAL ORDERS.

    (a) In General.--Section 241(a)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as follows:
            ``(5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Secretary of Homeland Security 
        finds that an alien has entered the United States illegally 
        after having been removed, deported, or excluded or having 
        departed voluntarily, under an order of removal, deportation, 
        or exclusion, regardless of the date of the original order or 
        the date of the illegal entry--
                    ``(A) the order of removal, deportation, or 
                exclusion is reinstated from its original date and is 
                not subject to being reopened or reviewed 
                notwithstanding section 242(a)(2)(D);
                    ``(B) the alien is not eligible and may not apply 
                for any relief under this Act, regardless of the date 
                that an application or request for such relief may have 
                been filed or made; and
                    ``(C) the alien shall be removed under the order of 
                removal, deportation, or exclusion at any time after 
                the illegal entry.
        Reinstatement under this paragraph shall not require 
        proceedings under section 240 or other proceedings before an 
        immigration judge''.
    (b) Judicial Review.--Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended by adding at the end the 
following:
    ``(h) Judicial Review of Reinstatement Under Section 241(a)(5).--
            ``(1) Review of reinstatement.--Judicial review of 
        determinations under section 241(a)(5) is available in an 
        action under subsection (a).
            ``(2) No review of original order.--Notwithstanding any 
        other provision of law (statutory or nonstatutory), including 
        section 2241 of title 28, United States Code, any other habeas 
        corpus provision, or sections 1361 and 1651 of such title, no 
        court shall have jurisdiction to review any cause or claim, 
        arising from, or relating to, any challenge to the original 
        order.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect as if enacted on April 1, 1997, and shall apply to 
all orders reinstated or after that date by the Secretary of Homeland 
Security (or by the Attorney General prior to March 1, 2003), 
regardless of the date of the original order.

SEC. 604. CLARIFICATION WITH RESPECT TO DEFINITION OF ADMISSION.

    Section 101(a)(13)(A) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(13)(A)) is amended by adding at the end the following: 
``An alien's adjustment of status to that of lawful permanent resident 
status under any provision of this Act, or under any other provision of 
law, shall be considered an `admission' for any purpose under this Act, 
even if the adjustment of status occurred while the alien was present 
in the United States.''.

SEC. 605. REPORTS TO CONGRESS ON THE EXERCISE AND ABUSE OF 
              PROSECUTORIAL DISCRETION.

    (a) In General.--Not later than 180 days after the end of each 
fiscal year, the Secretary of Homeland Security and the Attorney 
General shall each provide to the Committees on the Judiciary of the 
House of Representatives and of the Senate a report on the following:
            (1) Aliens apprehended or arrested by State or local law 
        enforcement agencies who were identified by the Department of 
        Homeland Security in the previous fiscal year and for whom the 
        Department of Homeland Security did not issue detainers and did 
        not take into custody despite the Department of Homeland 
        Security's findings that the aliens were inadmissible or 
        deportable.
            (2) Aliens who were applicants for admission in the 
        previous fiscal year but not clearly and beyond a doubt 
        entitled to be admitted by an immigration officer and who were 
        not detained as required pursuant to section 235(b)(2)(A) of 
        the Immigration and Nationality Act (8 U.S.C. 1225(b)(2)(A)).
            (3) Aliens who in the previous fiscal year were found by 
        Department of Homeland Security officials performing duties 
        related to the adjudication of applications for immigration 
        benefits or the enforcement of the immigration laws to be 
        inadmissible or deportable who were not issued notices to 
        appear pursuant to section 239 of such Act (8 U.S.C. 1229) or 
        placed into removal proceedings pursuant to section 240 (8 
        U.S.C. 1229a), unless the aliens were placed into expedited 
        removal proceedings pursuant to section 235(b)(1)(A)(i) (8 
        U.S.C. 1225(b)(1)(A)(5)) or section 238 (8 U.S.C. 1228), were 
        granted voluntary departure pursuant to section 240B, were 
        granted relief from removal pursuant to statute, were granted 
        legal nonimmigrant or immigrant status pursuant to statute, or 
        were determined not to be inadmissible or deportable.
            (4) Aliens issued notices to appear that were cancelled in 
        the previous fiscal year despite the Department of Homeland 
        Security's findings that the aliens were inadmissible or 
        deportable, unless the aliens were granted relief from removal 
        pursuant to statute, were granted voluntary departure pursuant 
        to section 240B of such Act (8 U.S.C. 1229c), or were granted 
        legal nonimmigrant or immigrant status pursuant to statute.
            (5) Aliens who were placed into removal proceedings, whose 
        removal proceedings were terminated in the previous fiscal year 
        prior to their conclusion, unless the aliens were granted 
        relief from removal pursuant to statute, were granted voluntary 
        departure pursuant to section 240B, were granted legal 
        nonimmigrant or immigrant status pursuant to statute, or were 
        determined not to be inadmissible or deportable.
            (6) Aliens granted parole pursuant to section 212(d)(5)(A) 
        of such Act (8 U.S.C. 1182(d)(5)(A)).
            (7) Aliens granted deferred action, extended voluntary 
        departure or any other type of relief from removal not 
        specified in the Immigration and Nationality Act or where 
        determined not to be inadmissible or deportable.
    (b) Contents of Report.--The report shall include a listing of each 
alien described in each paragraph of subsection (a), including when in 
the possession of the Department of Homeland Security their names, 
fingerprint identification numbers, alien registration numbers, and 
reason why each was granted the type of prosecutorial discretion 
received. The report shall also include current criminal histories on 
each alien from the Federal Bureau of Investigation.

SEC. 606. WAIVER OF FEDERAL LAWS WITH RESPECT TO BORDER SECURITY 
              ACTIONS ON DEPARTMENT OF THE INTERIOR AND DEPARTMENT OF 
              AGRICULTURE LANDS.

    (a) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not 
impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on Federal land located within 100 miles of an international 
land border that is under the jurisdiction of the Secretary of the 
Interior or the Secretary of Agriculture, to execute search and rescue 
operations and to prevent all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband through the international 
land borders of the United States.
    (b) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to 
Federal land within 100 miles of the international land border under 
the jurisdiction of the Secretary of the Interior or the Secretary of 
Agriculture for purposes of conducting the following activities on such 
land that prevent all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband through the international 
land borders of the United States:
            (1) Construction and maintenance of roads.
            (2) Construction and maintenance of barriers.
            (3) Use of vehicles to patrol, apprehend, or rescue.
            (4) Installation, maintenance, and operation of 
        communications and surveillance equipment and sensors.
            (5) Deployment of temporary tactical infrastructure.
    (c) Clarification Relating to Waiver Authority.--
            (1) In general.--Notwithstanding any other provision of law 
        (including any termination date relating to the waiver referred 
        to in this subsection), the waiver by the Secretary of Homeland 
        Security on April 1, 2008, under section 102(c)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
        described in paragraph (2) with respect to certain sections of 
        the international border between the United States and Mexico 
        and between the United States and Canada shall be considered to 
        apply to all Federal land under the jurisdiction of the 
        Secretary of the Interior or the Secretary of Agriculture 
        within 100 miles of the international land borders of the 
        United States for the activities of U.S. Customs and Border 
        Protection described in subsection (c).
            (2) Description of laws waived.--The laws referred to in 
        paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 
        et seq.), the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), the National Historic Preservation Act 
        (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et 
        seq.), the Act of June 8, 1906 (commonly known as the 
        ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild 
        and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
        seq.), the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 
        1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661 et seq.), subchapter II of 
        chapter 5, and chapter 7, of title 5, United States Code 
        (commonly known as the ``Administrative Procedure Act''), the 
        National Park Service Organic Act (16 U.S.C. 1 et seq.), the 
        General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C. 
        1a-1 et seq.), sections 401(7), 403, and 404 of the National 
        Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 
        3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
        1132 note; Public Law 101-628).
    (d) Protection of Legal Uses.--This section shall not be construed 
to provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, mining, or public-use recreational and backcountry 
        airstrips on land under the jurisdiction of the Secretary of 
        the Interior or the Secretary of Agriculture; or
            (2) any additional authority to restrict legal access to 
        such land.
    (e) Effect on State and Private Land.--This Act shall--
            (1) have no force or effect on State or private lands; and
            (2) not provide authority on or access to State or private 
        lands.
    (f) Tribal Sovereignty.--Nothing in this section supersedes, 
replaces, negates, or diminishes treaties or other agreements between 
the United States and Indian tribes.
    (g) Report.--Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter, the Secretary of Homeland 
Security shall submit to the appropriate committees of Congress a 
report describing the extent to which implementation of this section 
has affected the operations of U.S. Customs and Border Protection in 
the year preceding the report.
                                 <all>
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