year and reducing the per agent costs of basic 
training; and 
(B) the scope and quality of basic training 
needed to fulfill the mission and duties of a 
Border Patrol agent. 
SEC. 111. AIRSPACE SECURITY MISSION IMPACT REVIEW. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
submit to the appropriate congressional committees a re-
port detailing the impact the airspace security mission in 
the National Capital Region (in this section referred to 
as the ‘‘NCR’’) will have on the ability of the Department 
of Homeland Security to protect the international land 
and maritime borders of the United States. Specifically, 
the report shall address: 
(1) The specific resources, including personnel, 
assets, and facilities, devoted or planned to be de-
voted to the NCR airspace security mission, and 
from where those resources were obtained or are 
planned to be obtained. 
(2) An assessment of the impact that diverting 
resources to support the NCR mission has or is ex-
pected to have on the traditional missions in and 
around the international land and maritime borders 
of the United States. 
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SEC. 112. REPAIR OF PRIVATE INFRASTRUCTURE ON BOR-
DER. 
(a) IN GENERAL.—Subject to the amount appro-
priated in subsection (d) of this section, the Secretary of 
Homeland Security shall reimburse property owners for 
costs associated with repairing damages to the property 
owners’ private infrastructure constructed on a United 
States Government right-of-way delineating the inter-
national land border when such damages are— 
(1) the result of unlawful entry of aliens; and 
(2) confirmed by the appropriate personnel of 
the Department of Homeland Security and sub-
mitted to the Secretary for reimbursement. 
(b) VALUE OF REIMBURSEMENTS.—Reimbursements 
for submitted damages as outlined in subsection (a) shall 
not exceed the value of the private infrastructure prior to 
damage. 
(c) REPORTS.—Not later than six months after the 
date of the enactment of this Act and every subsequent 
six months until the amount appropriated for this section 
is expended in its entirety, the Secretary of Homeland Se-
curity shall submit to the Committee on Homeland Secu-
rity of the House of Representatives a report that details 
the expenditures and circumstances in which those ex-
penditures were made pursuant to this section. 
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(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
shall be authorized to be appropriated an initial $50,000 
for each fiscal year to carry out this section. 
SEC. 113. BORDER PATROL UNIT FOR VIRGIN ISLANDS. 
Not later than September 30, 2008, the Secretary of 
Homeland Security shall establish at least one Border Pa-
trol unit for the Virgin Islands of the United States. 
SEC. 114. REPORT ON PROGRESS IN TRACKING TRAVEL OF 
CENTRAL AMERICAN GANGS ALONG INTER-
NATIONAL BORDER. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
report to the Committee on Homeland Security of the 
House of Representatives on the progress of the Depart-
ment of Homeland Security in tracking the travel of Cen-
tral American gangs across the international land border 
of the United States and Mexico. 
SEC. 115. COLLECTION OF DATA. 
Beginning on October 1, 2008, the Secretary of 
Homeland Security shall annually compile data on the fol-
lowing categories of information: 
(1) The number of unauthorized aliens who re-
quire medical care taken into custody by Border Pa-
trol officials. 
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(2) The number of unauthorized aliens with se-
rious injuries or medical conditions Border Patrol 
officials encounter, and refer to local hospitals or 
other health facilities. 
(3) The number of unauthorized aliens with se-
rious injuries or medical conditions who arrive at 
United States ports of entry and subsequently are 
admitted into the United States for emergency med-
ical care, as reported by United States Customs and 
Border Protection. 
(4) The number of unauthorized aliens de-
scribed in paragraphs (2) and (3) who subsequently 
are taken into custody by the Department of Home-
land Security after receiving medical treatment. 
SEC. 116. DEPLOYMENT OF RADIATION DETECTION POR-
TAL EQUIPMENT AT UNITED STATES PORTS 
OF ENTRY. 
(a) DEPLOYMENT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall deploy radiation portal monitors at all 
United States ports of entry and facilities as determined 
by the Secretary to facilitate the screening of all inbound 
cargo for nuclear and radiological material. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
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to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report on the 
Department’s progress toward carrying out the deploy-
ment described in subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out subsection (a) such sums as may be necessary for each 
of fiscal years 2008 and 2009. 
SEC. 117. CONSULTATION WITH BUSINESSES AND FIRMS. 
With respect to the Secure Border Initiative and for 
the purposes of strengthening security along the inter-
national land and maritime borders of the United States, 
the Secretary of Homeland Security shall conduct out-
reach to and consult with members of the private sector, 
including business councils, associations, and small, mi-
nority-owned, women-owned, and disadvantaged busi-
nesses to— 
(1) identify existing and emerging technologies, 
best practices, and business processes; 
(2) maximize economies of scale, cost-effective-
ness, systems integration, and resource allocation; 
and 
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(3) identify the most appropriate contract 
mechanisms to enhance financial accountability and 
mission effectiveness of border security programs. 
SEC. 118. SENSE OF CONGRESS REGARDING ENFORCE-
MENT OF IMMIGRATION LAWS. 
(a) FINDINGS.—Congress finds the following: 
(1) A primary duty of the Federal Government 
is to secure the homeland and ensure the safety of 
United States citizens and lawful residents. 
(2) As a result of the terrorist attacks on Sep-
tember 11, 2001, perpetrated by al Qaida terrorists 
on United States soil, the United States is engaged 
in a Global War on Terrorism. 
(3) According to the National Commission on 
Terrorist Attacks Upon the United States, up to 15 
of the 9/11 hijackers could have been intercepted or 
deported through more diligent enforcement of im-
migration laws. 
(4) Six years after those attacks, there is still 
a failure to secure the borders of the United States 
against illegal entry. 
(5) The failure to enforce immigration laws in 
the interior of the United States means that illegal 
aliens face little or no risk of apprehension or re-
moval once they are in the country. 
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(6) If illegal aliens can enter and remain in the 
United States with impunity, so, too, can terrorists 
enter and remain while they plan, rehearse, and then 
carry out their attacks. 
(7) The failure to control and to prevent illegal 
immigration into the United States increases the 
likelihood that terrorists will succeed in launching 
catastrophic or harmful attacks on United States 
soil. 
(8) There are numerous immigration laws that 
are currently not being enforced. 
(9) Law enforcement officers are often discour-
aged from enforcing the law by superiors. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President, the Attorney General, Secretary 
of State, Secretary of Homeland Security, and other De-
partment Secretaries should immediately use every tool 
available to them to enforce the immigration laws of the 
United States, as enacted by Congress. 
SEC. 119. SECURING ACCESS TO BORDER PATROL UNI-
FORMS. 
Notwithstanding any other provision of law, all uni-
forms procured for the use of Border Patrol agents shall 
be manufactured in the United States substantially all 
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from articles, materials, or supplies mined, produced, or 
manufactured, as the case may be, in the United States. 
SEC. 120. US–VISIT. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland Security, in 
consultation with the heads of other appropriate Federal 
agencies, shall submit to the appropriate congressional 
committees a timeline for— 
(1) equipping all land border ports of entry 
with the US–VISIT system; 
(2) developing and deploying at all land border 
ports of entry the exit component of the US–VISIT 
system; and 
(3) 
making 
interoperable 
all 
immigration 
screening systems operated by the Department of 
Homeland Security. 
SEC. 121. VOLUNTARY RELOCATION PROGRAM EXTENSION. 
Section 5739(e) of title 5, United States Code, is 
amended by striking ‘‘7’’ and inserting ‘‘12’’. 
SEC. 122. COMPLETION OF 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 fol-
lowing: 
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‘‘(i) Notwithstanding any other provision of law, the 
Secretary of Homeland Security, the Attorney General, 
and the courts may not— 
‘‘(1) grant or order the grant of adjustment of 
status of an alien to that of an alien lawfully admit-
ted for permanent residence, 
‘‘(2) grant or order the grant of any other sta-
tus, relief, protection from removal, or other benefit 
under the immigration laws, or 
‘‘(3) issue any documentation evidencing or re-
lated to such grant by the Secretary, the Attorney 
General, or any court, 
until an IBIS check on the alien has been initiated at a 
Treasury Enforcement Communications System (TECS) 
access level of no less than Level 3, results from the check 
have been returned, and any derogatory information has 
been obtained and assessed, and until any other such 
background and security checks have been completed as 
the Secretary may require. 
‘‘(j) Notwithstanding any other provision of law, the 
Secretary of Homeland Security, the Attorney General, 
and the courts may not— 
‘‘(1) grant or order the grant of adjustment of 
status of an alien to that of an alien lawfully admit-
ted for permanent residence, 
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‘‘(2) grant or order the grant of any other sta-
tus, relief, protection from removal, or other benefit 
under the immigration laws, or 
‘‘(3) issue any documentation evidencing or re-
lated to such grant by the Secretary, the Attorney 
General, or any court, 
until any suspected or alleged fraud relating to the grant-
ing of any status (including the granting of adjustment 
of status), relief, protection from removal, or other benefit 
under this subsection has been fully investigated and 
found to be unsubstantiated.’’. 
TITLE 
II—COMBATTING 
ALIEN 
SMUGGLING 
AND 
ILLEGAL 
ENTRY AND PRESENCE 
SEC. 201. DEFINITION OF AGGRAVATED FELONY. 
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
amended— 
(1) in subparagraph (N), by striking ‘‘para-
graph (1)(A) or (2) of section 274(a) (relating to 
alien smuggling)’’ and inserting ‘‘section 274(a)’’ 
and by adding a semicolon at the end; 
(2) in subparagraph (O), by striking ‘‘section 
275(a) or 276 committed by an alien who was pre-
viously deported on the basis of a conviction for an 
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offense described in another subparagraph of this 
paragraph’’, and inserting ‘‘section 275 or section 
276 for which the term of imprisonment was at least 
one year’’; and 
(3) by striking all that follows subparagraph 
(U) and inserting the following: 
‘‘The term applies— 
‘‘(i) to an offense described in this para-
graph whether in violation of Federal or State 
law and applies to such an offense in violation 
of the law of a foreign country for which the 
term of imprisonment was completed within the 
previous 15 years; 
‘‘(ii) even if the length of the term of im-
prisonment is based on recidivist or other en-
hancements; 
‘‘(iii) to an offense described in this para-
graph even if the statute setting forth the of-
fense of conviction sets forth other offenses not 
described in this paragraph, unless the alien af-
firmatively shows, by a preponderance of evi-
dence and using public records related to the 
conviction, 
including 
court 
records, 
police 
records and presentence reports, that the par-
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ticular facts underlying the offense do not sat-
isfy the generic definition of that offense; and 
‘‘(iv) regardless of whether the conviction 
was entered before, on, or after September 30, 
1996, and notwithstanding any other provision 
of law (including any effective date).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to offenses that occur before, 
on, or after the date of the enactment of this Act. 
SEC. 202. 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: 
‘‘ALIEN SMUGGLING AND RELATED OFFENSES 
‘‘SEC. 274. (a) CRIMINAL OFFENSES
AND PEN-
ALTIES.— 
‘‘(1) PROHIBITED ACTIVITIES.—Whoever— 
‘‘(A) assists, encourages, directs, or in-
duces a person to come to or enter the United 
States, or to attempt to come to or enter the 
United States, knowing or in reckless disregard 
of the fact that such person is an alien who 
lacks lawful authority to come to or enter the 
United States; 
‘‘(B) assists, encourages, directs, or in-
duces a person to come to or enter the United 
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States at a place other than a designated port 
of entry or place other than as designated by 
the Secretary of Homeland Security, regardless 
of whether such person has official permission 
or lawful authority to be in the United States, 
knowing or in reckless disregard of the fact 
that such person is an alien; 
‘‘(C) 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, where the transportation or 
movement will aid or further in any manner the 
person’s illegal entry into or illegal presence in 
the United States; 
‘‘(D) transports, moves, harbors, conceals, 
or shields from detection a person outside of 
the United States knowing or in reckless dis-
regard 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 person is in fact seeking to enter the 
United States without official permission or 
lawful authority; or 
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‘‘(E) conspires or attempts to commit any 
of the preceding acts, 
shall be punished as provided in paragraph (2), re-
gardless of any official action which may later be 
taken with respect to such alien. 
‘‘(2) CRIMINAL PENALTIES.—A person who vio-
lates the provisions of paragraph (1) shall— 
‘‘(A) except as provided in subparagraphs 
(D) through (H), in the case where the offense 
was not committed for commercial advantage, 
profit, or private financial gain, be imprisoned 
for not more than 5 years, or fined under title 
18, United States Code, or both; 
‘‘(B) except as provided in subparagraphs 
(C) through (H), where the offense was com-
mitted for commercial advantage, profit, or pri-
vate financial gain— 
‘‘(i) in the case of a first violation of 
this subparagraph, be imprisoned for not 
more than 20 years, or fined under title 
18, United States Code, or both; and 
‘‘(ii) for any subsequent violation, be 
imprisoned for not less than 3 years nor 
more than 20 years, or fined under title 
18, United States Code, or both; 
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‘‘(C) in the case where the offense was 
committed for commercial advantage, profit, or 
private financial gain and involved 2 or more 
aliens other than the offender, be imprisoned 
for not less than 3 nor more than 20 years, or 
fined under title 18, United States Code, or 
both; 
‘‘(D) in the case where the offense furthers 
or aids the commission of any other offense 
against the United States or any State, which 
offense is punishable by imprisonment for more 
than 1 year, be imprisoned for not less than 5 
nor more than 20 years, or fined under title 18, 
United States Code, or both; 
‘‘(E) in the case where any participant in 
the offense created a substantial risk of death 
or serious bodily injury to another person, in-
cluding— 
‘‘(i) transporting a person in an en-
gine compartment, storage compartment, 
or other confined space; 
‘‘(ii) transporting a person at an ex-
cessive speed or in excess of the rated ca-
pacity of the means of transportation; or 
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‘‘(iii) transporting or harboring a per-
son in a crowded, dangerous, or inhumane 
manner, 
be imprisoned not less than 5 nor more than 20 
years, or fined under title 18, United States 
Code, or both; 
‘‘(F) in the case where the offense caused 
serious bodily injury (as defined in section 1365 
of title 18, United States Code, including any 
conduct that would violate sections 2241 or 
2242 of title 18, United States Code, if the con-
duct occurred in the special maritime and terri-
torial jurisdiction of the United States) to any 
person, be imprisoned for not less than 7 nor 
more than 30 years, or fined under title 18, 
United States Code, or both; 
‘‘(G) in the case where the offense involved 
an alien who the offender knew or had reason 
to believe was an alien— 
‘‘(i) engaged in terrorist activity (as 
defined in section 212(a)(3)(B)); or 
‘‘(ii) intending to engage in such ter-
rorist activity, 
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be imprisoned for not less than 10 nor more 
than 30 years, or fined under title 18, United 
States Code, or both; and 
‘‘(H) in the case where the offense caused 
or resulted in the death of any person, be pun-
ished by death or imprisoned for not less than 
10 years, or any term of years, or for life, or 
fined under title 18, United States Code, or 
both. 
‘‘(3) 
EXTRATERRITORIAL
JURISDICTION.— 
There is extraterritorial Federal jurisdiction over the 
offenses described in this subsection. 
‘‘(b) EMPLOYMENT OF UNAUTHORIZED ALIENS.— 
‘‘(1) IN
GENERAL.—Any person who, during 
any 12-month period, knowingly hires for employ-
ment at least 10 individuals with actual knowledge 
that the individuals are aliens described in para-
graph (2), shall be fined under title 18, United 
States Code, imprisoned for not more than 5 years, 
or both. 
‘‘(2) ALIEN DESCRIBED.—A alien described in 
this paragraph is an alien who— 
‘‘(A) is an unauthorized alien (as defined 
in section 274A(h)(3)); and 
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‘‘(B) has been brought into the United 
States in violation of subsection (a). 
‘‘(c) SEIZURE AND FORFEITURE.— 
‘‘(1) IN GENERAL.—Any property, real or per-
sonal, that has been used to commit or facilitate the 
commission of a violation of this section, the gross 
proceeds of such violation, and any property trace-
able 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, including 
section 981(d) of such title, except that such duties 
as are imposed upon the Secretary of the Treasury 
under the customs laws described in that section 
shall be performed by such officers, agents, and 
other persons as may be designated for that purpose 
by the Secretary of Homeland Security. 
‘‘(d) AUTHORITY TO ARREST.—No officer or person 
shall have authority to make any arrests for a violation 
of any provision of this section except officers and employ-
ees designated by the Secretary of Homeland Security, ei-
ther individually or as a member of a class, and all other 
officers whose duty it is to enforce criminal laws. 
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‘‘(e) ADMISSIBILITY OF EVIDENCE.— 
‘‘(1) PRIMA FACIE EVIDENCE IN DETERMINA-
TIONS OF VIOLATIONS.—Notwithstanding any provi-
sion of the Federal Rules of Evidence, in deter-
mining whether a violation of subsection (a) has oc-
curred, any of the following shall be prima facie evi-
dence that an alien involved in the violation lacks 
lawful authority to come to, enter, reside, remain, or 
be in the United States or that such alien had come 
to, entered, resided, remained or been present in the 
United States in violation of law: 
‘‘(A) Any order, finding, or determination 
concerning the alien’s status or lack thereof 
made by a Federal judge or administrative ad-
judicator (including an immigration judge or an 
immigration officer) during any judicial or ad-
ministrative proceeding authorized under the 
immigration laws or regulations prescribed 
thereunder. 
‘‘(B) An official record of the Department 
of Homeland Security, Department of Justice, 
or the Department of State concerning the 
alien’s status or lack thereof. 
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‘‘(C) Testimony by an immigration officer 
having personal knowledge of the facts con-
cerning the alien’s status or lack thereof. 
‘‘(2) 
VIDEOTAPED
TESTIMONY.—Notwith-
standing any provision of the Federal Rules of Evi-
dence, 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 un-
available to testify, may be admitted into evidence in 
an action brought for that violation if the witness 
was available for cross examination at the deposition 
and the deposition otherwise complies with the Fed-
eral Rules of Evidence. 
‘‘(f) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘lawful authority’ means permis-
sion, authorization, or license that is expressly pro-
vided for in the immigration laws of the United 
States or the regulations prescribed thereunder. 
Such term does not include any such authority se-
cured by fraud or otherwise obtained in violation of 
law, nor does it include authority that has been 
sought but not approved. No alien shall be deemed 
to have lawful authority to come to, enter, reside, re-
main, or be in the United States if such coming to, 
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entry, residence, remaining, or presence was, is, or 
would be in violation of law. 
‘‘(2) 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 trav-
eling or moving.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 274 in the table of contents of such Act is amended 
to read as follows: 
‘‘Sec. 274. Alien smuggling and related offenses.’’. 
SEC. 203. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS. 
Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended— 
(1) in the section heading, by inserting ‘‘UN-
LAWFUL
PRESENCE;’’ after ‘‘IMPROPER
TIME
OR 
PLACE;’’; 
(2) in subsection (a)— 
(A) by striking ‘‘Any alien’’ and inserting 
‘‘Except as provided in subsection (b), any 
alien’’; 
(B) by striking ‘‘or’’ before (3); and 
(C) by inserting after ‘‘concealment of a 
material fact,’’ the following: ‘‘or (4) is other-
wise present in the United States in violation of 
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the immigration laws or the regulations pre-
scribed thereunder,’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c)(1) Whoever— 
‘‘(A) knowingly enters into a marriage for the 
purpose of evading any provision of the immigration 
laws; or 
‘‘(B) knowingly misrepresents the existence or 
circumstances of a marriage— 
‘‘(i) in an application or document arising 
under or authorized by the immigration laws of 
the United States or the regulations prescribed 
thereunder, or 
‘‘(ii) during any immigration proceeding 
conducted by an administrative adjudicator (in-
cluding an immigration officer or examiner, a 
consular officer, an immigration judge, or a 
member of the Board of Immigration Appeals); 
shall be fined under title 18, United States Code, or 
imprisoned not more than 10 years, or both. 
‘‘(2) Whoever— 
‘‘(A) knowingly enters into two or more mar-
riages for the purpose of evading any provision of 
the immigration laws; or 
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‘‘(B) knowingly arranges, supports, or facili-
tates two or more marriages designed or intended to 
evade any provision of the immigration laws; 
shall be fined under title 18, United States Code, impris-
oned not less than 2 years nor more than 20 years, or 
both. 
‘‘(3) An offense under this subsection continues until 
the fraudulent nature of the marriage or marriages is dis-
covered by an immigration officer. 
‘‘(4) For purposes of this section, the term ‘pro-
ceeding’ includes an adjudication, interview, hearing, or 
review.’’; 
(4) in subsection (d)— 
(A) by striking ‘‘5 years’’ and inserting 
‘‘10 years’’; 
(B) by adding at the end the following: 
‘‘An offense under this subsection continues 
until the fraudulent nature of the commercial 
enterprise is discovered by an immigration offi-
cer.’’; and 
(5) by adding at the end the following new sub-
sections: 
‘‘(e)(1) Any alien described in paragraph (2)— 
‘‘(A) shall be fined under title 18, United 
States Code, imprisoned not more than 10 years, or 
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leading representation or the willful conceal-
ment of a material fact; or 
‘‘(D) is otherwise present in the United 
States in violation of the immigration laws or 
the regulations prescribed thereunder. 
‘‘(3) The prior convictions in subparagraph (A), (B), 
or (C) of paragraph (1) are elements of those crimes and 
the penalties in those subparagraphs shall apply only in 
cases in which the conviction (or convictions) that form 
the basis for the additional penalty are alleged in the in-
dictment or information and are proven beyond a reason-
able doubt at trial or admitted by the defendant in plead-
ing guilty. Any admissible evidence may be used to show 
that the prior conviction is a qualifying crime, and the 
criminal trial for a violation of this section shall not be 
bifurcated. 
‘‘(4) An offense under subsection (a) or paragraph 
(1) of this subsection continues until the alien is discov-
ered within the United States by immigration officers. 
‘‘(f) For purposes of this section, the term ‘attempts 
to enter’ refers to the general intent of the alien to enter 
the United States and does not refer to the intent of the 
alien to violate the law.’’. 
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SEC. 204. REENTRY OF REMOVED ALIENS. 
Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking all that 
follows ‘‘United States’’ the first place it ap-
pears and inserting a comma; 
(B) in the matter following paragraph (2), 
by striking ‘‘imprisoned not more than 2 
years,’’ and inserting ‘‘imprisoned for a term of 
not less than 1 year and not more than 2 
years,’’; 
(C) by adding at the end the following: ‘‘It 
shall be an affirmative defense to an offense 
under this subsection that (A) prior to an 
alien’s reembarkation at a place outside the 
United States or an alien’s application for ad-
mission from foreign contiguous territory, the 
Secretary of Homeland Security has expressly 
consented to the alien’s reapplying for admis-
sion; or (B) with respect to an alien previously 
denied admission and removed, such alien was 
not required to obtain such advance consent 
under this Act or any prior Act.’’; 
(2) in subsection (b)— 
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(A) in paragraph (1), by striking ‘‘impris-
oned not more than 10 years,’’ and insert ‘‘im-
prisoned for a term of not less than 5 years and 
not more than 10 years,’’; 
(B) in paragraph (2), by striking ‘‘impris-
oned not more than 20 years,’’ and insert ‘‘im-
prisoned for a term of not less than 10 years 
and not more than 20 years,’’; 
(C) in paragraph (3), by striking ‘‘. or’’ 
and inserting ‘‘; or’’; 
(D) in paragraph (4), by striking ‘‘impris-
oned for not more than 10 years,’’ and insert 
‘‘imprisoned for a term of not less than 5 years 
and not more than 10 years,’’; and 
(E) by adding at the end the following: 
‘‘The prior convictions in paragraphs (1) and 
(2) are elements of enhanced crimes and the 
penalties under such paragraphs shall apply 
only where the conviction (or convictions) that 
form the basis for the additional penalty are al-
leged in the indictment or information and are 
proven beyond a reasonable doubt at trial or 
admitted by the defendant in pleading guilty. 
Any admissible evidence may be used to show 
that the prior conviction is a qualifying crime 
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and the criminal trial for a violation of either 
such paragraph shall not be bifurcated.’’; 
(3) in subsections (b)(3), (b)(4), and (c), by 
striking ‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’ each place it appears; 
(4) in subsection (c), by striking ‘‘242(h)(2)’’ 
and inserting ‘‘241(a)(4)’’; and 
(5) by adding at the end the following new sub-
section: 
‘‘(e) For purposes of this section, the term ‘attempts 
to enter’ refers to the general intent of the alien to enter 
the United States and does not refer to the intent of the 
alien to violate the law.’’. 
SEC. 205. 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 paragraphs (1)(A) and (1)(D)(ii), by in-
serting ‘‘, alien smuggling crime,’’ after ‘‘crime of vi-
olence’’ each place it appears; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) For purposes of this subsection, the term ‘alien 
smuggling crime’ means any felony punishable under sec-
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tion 274(a), 277, or 278 of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a), 1327, or 1328).’’. 
SEC. 206. CLARIFYING CHANGES. 
(a) EXCLUSION BASED ON FALSE CLAIM OF NA-
TIONALITY.— 
(1) IN GENERAL.—Section 212(a)(6)(C)(ii) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(C)(ii)) is amended— 
(A) in the heading, by inserting ‘‘OR NA-
TIONALITY’’ after ‘‘CITIZENSHIP’’; and 
(B) by inserting ‘‘or national’’ after ‘‘cit-
izen’’ each place it appears. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to acts occur-
ring before, on, or after such date. 
(b) SHARING OF INFORMATION.—Section 290(b) of 
such Act (8 U.S.C. 1360(b)) is amended— 
(1) by inserting ‘‘, or as to any person seeking 
any benefit or privilege under the immigration 
laws,’’ after ‘‘United States’’; 
(2) by striking ‘‘Service’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(3) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary’’. 
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(c) 
EXCEPTIONS
AUTHORITY.—Section 
212(a)(3)(B)(ii) of such Act (8 U.S.C. 1182(a)(3)(B)(ii)) 
is amended by striking ‘‘Subclause (VII)’’ and inserting 
‘‘Subclause (IX)’’. 
SEC. 207. VOLUNTARY DEPARTURE REFORM. 
(a) ENCOURAGING ALIENS TO DEPART VOLUN-
TARILY.— 
(1) AUTHORITY.—Subsection (a) of section 
240B of the Immigration and Nationality Act (8 
U.S.C. 1229c) is amended— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN LIEU OF REMOVAL PROCEEDINGS.—The 
Secretary of Homeland Security may permit an alien 
voluntarily to depart the United States at the alien’s 
own expense under this subsection, in lieu of being 
subject to proceedings under section 240, if the alien 
is not described in section 237(a)(2)(A)(iii) or sec-
tion 237(a)(4).’’; 
(B) by striking paragraph (3); 
(C) by redesignating paragraph (2) as 
paragraph (3); 
(D) by inserting after paragraph (1) the 
following new paragraph: 
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‘‘(2) PRIOR TO THE CONCLUSION OF REMOVAL 
PROCEEDINGS.—After removal proceedings under 
section 240 are initiated, the Attorney General may 
permit an alien voluntarily to depart the United 
States at the alien’s own expense under this sub-
section, prior to the conclusion of such proceedings 
before an immigration judge, if the alien is not de-
scribed in section 237(a)(2)(A)(iii) or section 
237(a)(4).’’; and 
(E) in paragraph (4), by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraphs (1) and 
(2)’’. 
(2) VOLUNTARY
DEPARTURE
PERIOD.—Such 
section is further amended— 
(A) in subsection (a)(3), as redesignated 
by paragraph (1)(C)— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) IN LIEU OF REMOVAL.—Subject to 
subparagraph (C), permission to depart volun-
tarily under paragraph (1) shall not be valid for 
a period exceeding 120 days. The Secretary of 
Homeland Security may require an alien per-
mitted to depart voluntarily under paragraph 
(1) to post a voluntary departure bond, to be 
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proof that the alien has departed the United 
States within the time specified. An immigra-
tion judge may waive posting of a voluntary de-
parture bond in individual cases upon a finding 
that the alien has presented compelling evidence 
that the posting of a bond will be a serious fi-
nancial hardship and the alien has presented 
credible evidence that such a bond is unneces-
sary to guarantee timely departure.’’; and 
(B) in subsection (b)(2), by striking ‘‘60 
days’’ and inserting ‘‘45 days’’. 
(3) VOLUNTARY
DEPARTURE
AGREEMENTS.— 
Subsection (c) of such section is amended to read as 
follows: 
‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 
‘‘(1) VOLUNTARY
DEPARTURE
AGREEMENT.— 
Voluntary departure will be granted only as part of 
an affirmative agreement by the alien. A voluntary 
departure agreement under subsection (b) shall in-
clude a waiver of the right to any further motion, 
appeal, application, petition, or petition for review 
relating to removal or relief or protection from re-
moval. 
‘‘(2) CONCESSIONS
BY
THE
SECRETARY.—In 
connection with the alien’s agreement to depart vol-
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untarily under paragraph (1), the Secretary of 
Homeland Security in the exercise of discretion may 
agree to a reduction in the period of inadmissibility 
under subparagraph (A) or (B)(i) of section 
212(a)(9). 
‘‘(3) FAILURE TO COMPLY WITH AGREEMENT 
AND
EFFECT
OF
FILING
TIMELY
APPEAL.—If an 
alien agrees to voluntary departure under this sec-
tion and fails to depart the United States within the 
time allowed for voluntary departure or fails to com-
ply with any other terms of the agreement (including 
a failure to timely post any required bond), the alien 
automatically becomes ineligible for the benefits of 
the agreement, subject to the penalties described in 
subsection (d), and subject to an alternate order of 
removal if voluntary departure was granted under 
subsection (a)(2) or (b). However, if an alien agrees 
to voluntary departure but later files a timely appeal 
of the immigration judge’s decision granting vol-
untary departure, the alien may pursue the appeal 
instead of the voluntary departure agreement. Such 
appeal operates to void the alien’s voluntary depar-
ture agreement and the consequences thereof, but 
the alien may not again be granted voluntary depar-
ture while the alien remains in the United States.’’. 
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(4) ELIGIBILITY.—Subsection (e) of such sec-
tion is amended to read as follows: 
‘‘(e) ELIGIBILITY.— 
‘‘(1) PRIOR
GRANT
OF
VOLUNTARY
DEPAR-
TURE.—An alien shall not be permitted to depart 
voluntarily under this section if the Secretary of 
Homeland Security or the Attorney General pre-
viously permitted the alien to depart voluntarily. 
‘‘(2) ADDITIONAL
LIMITATIONS.—The Sec-
retary of Homeland Security may by regulation limit 
eligibility or impose additional conditions for vol-
untary departure under subsection (a)(1) for any 
class or classes of aliens. The Secretary or Attorney 
General may by regulation limit eligibility or impose 
additional conditions for voluntary departure under 
subsection (a)(2) or (b) for any class or classes of 
aliens. 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 section 1361 and 1651 of such 
title, no court may review any regulation issued 
under this subsection.’’. 
(b) AVOIDING
DELAYS
IN
VOLUNTARY
DEPAR-
TURE.— 
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(1) ALIEN’S OBLIGATION TO DEPART WITHIN 
THE
TIME
ALLOWED.—Subsection (c) of section 
240B of the Immigration and Nationality Act (8 
U.S.C. 1229c), as amended by subsection (a), is fur-
ther amended by adding at the end the following 
new paragraph: 
‘‘(4) VOLUNTARY DEPARTURE PERIOD NOT AF-
FECTED.—Except as expressly agreed to by the Sec-
retary of Homeland Security in writing in the exer-
cise of the Secretary’s discretion before the expira-
tion 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.’’. 
(2) NO TOLLING.—Subsection (f) of such sec-
tion is amended by adding at the end the following 
new sentence: ‘‘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 section 1361 and 1651 
of such title, no court shall have jurisdiction to af-
fect, reinstate, enjoin, delay, stay, or toll the period 
allowed for voluntary departure under this section.’’. 
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(c) PENALTIES FOR FAILURE TO DEPART VOLUN-
TARILY.— 
(1) PENALTIES
FOR
FAILURE
TO
DEPART.— 
Subsection (d) of section 240B of the Immigration 
and Nationality Act (8 U.S.C. 229c) is amended to 
read as follows: 
‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 
alien is permitted to depart voluntarily under this section 
and fails voluntarily to depart from the United States 
within the time period specified or otherwise violates the 
terms of a voluntary departure agreement, the following 
provisions apply: 
‘‘(1) CIVIL PENALTY.— 
‘‘(A) IN GENERAL.—The alien will be liable 
for a civil penalty of $3,000. 
‘‘(B) SPECIFICATION
IN
ORDER.—The 
order allowing voluntary departure shall specify 
the amount of the penalty, which shall be ac-
knowledged by the alien on the record. 
‘‘(C) COLLECTION.—If the Secretary of 
Homeland Security thereafter establishes that 
the alien failed to depart voluntarily within the 
time allowed, no further procedure will be nec-
essary to establish the amount of the penalty, 
and the Secretary may collect the civil penalty 
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at any time thereafter and by whatever means 
provided by law. 
‘‘(D) INELIGIBILITY FOR BENEFITS.—An 
alien will be ineligible for any benefits under 
this title until any civil penalty under this sub-
section is paid. 
‘‘(2) INELIGIBILITY
FOR
RELIEF.—The alien 
will 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. 
‘‘(3) REOPENING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the alien will be ineligible to reopen 
a final order of removal which took effect upon 
the alien’s failure to depart, or the alien’s viola-
tion of the conditions for voluntary departure, 
during the period described in paragraph (2). 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
does not preclude a motion to reopen to seek 
withholding of removal under section 241(b)(3) 
or protection against torture. 
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The order permitting the alien to depart voluntarily 
under this section shall inform the alien of the pen-
alties under this subsection.’’. 
(2) IMPLEMENTATION OF EXISTING STATUTORY 
PENALTIES.—The Secretary of Homeland Security 
shall implement regulations to provide for the impo-
sition and collection of penalties for failure to depart 
under section 240B(d) of the Immigration and Na-
tionality Act, as amended by paragraph (1). 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply with respect to all orders granting vol-
untary departure under section 240B of the Immi-
gration and Nationality Act (8 U.S.C. 1229c) made 
on or after the date that is 180 days after the date 
of the enactment of this Act. 
(2) EXCEPTION.—The amendment made by 
subsection (b)(2) shall take effect on the date of the 
enactment of this Act and shall apply with respect 
to any petition for review which is entered on or 
after such date. 
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SEC. 208. DETERRING ALIENS ORDERED REMOVED FROM 
REMAINING IN THE UNITED STATES UNLAW-
FULLY AND FROM UNLAWFULLY RETURNING 
TO THE UNITED STATES AFTER DEPARTING 
VOLUNTARILY. 
(a) INADMISSIBLE ALIENS.—Paragraph (9) of sec-
tion 212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)) is amended— 
(1) in subparagraph (A)(i), by striking ‘‘within 
5 years of’’ and inserting ‘‘before, or within 5 years 
of,’’; and 
(2) in subparagraph (A)(ii) by striking ‘‘within 
10 years of’’ and inserting ‘‘before, or within 10 
years of,’’. 
(b) FAILURE TO DEPART, APPLY FOR TRAVEL DOC-
UMENTS, OR APPEAR FOR REMOVAL OR CONSPIRACY TO 
PREVENT OR HAMPER DEPARTURE.—Section 274D of 
such Act (8 U.S.C. 1324d) is amended— 
(1) in subsection (a), by striking ‘‘Commis-
sioner’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) INELIGIBILITY FOR RELIEF.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
unless a timely motion to reopen is granted under 
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section 240(c)(6), an alien described in subsection 
(a) shall be ineligible for any discretionary relief 
from removal pursuant to a motion to reopen during 
the time the alien remains in the United States and 
for a period of 10 years after the alien’s departure. 
‘‘(2) EXCEPTION.—Paragraph (1) does not pre-
clude a motion to reopen to seek withholding of re-
moval under section 241(b)(3) or protection against 
torture.’’. 
(c) DETERRING ALIENS FROM UNLAWFULLY RE-
TURNING TO THE UNITED STATES AFTER DEPARTING 
VOLUNTARILY.—Section 275(a) of such Act (8 U.S.C. 
1325(a)) is amended by inserting ‘‘or following an order 
of voluntary departure’’ after ‘‘a subsequent commission 
of any such offense’’. 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by 
subsections (a) and (b) 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, whether 
the removal order was entered before, on, or after 
such date. 
(2) VOLUNTARY DEPARTURE.—The amendment 
made by subsection (c) shall take effect on the date 
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of the enactment of this Act and shall apply with re-
spect to conduct occurring on or after such date. 
SEC. 209. ESTABLISHMENT OF THE FORENSIC DOCUMENTS 
LABORATORY. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a Fraudulent Documents Center (to be 
known as the Forensic Document Laboratory) to carry out 
the following: 
(1) Collect information from Federal, State, 
and local law enforcement agencies, and foreign gov-
ernments on the production, sale, distribution, and 
use of fraudulent documents intended to be used to 
enter, travel, or remain within the United States un-
lawfully. 
(2) Maintain the information described in para-
graph (1) in a comprehensive database. 
(3) Maintain a repository of genuine and fraud-
ulent travel and identity document exemplars. 
(4) Convert the information collected into re-
ports that provide guidance to government officials 
in identifying fraudulent documents being used to 
enter into, travel within, or remain in the United 
States. 
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(5) Develop a system for distributing these re-
ports on an ongoing basis to appropriate Federal, 
State, and local law enforcement agencies. 
(b) DISTRIBUTION OF INFORMATION.—The Forensic 
Document Laboratory shall distribute its reports to appro-
priate Federal, State, and local law enforcement agencies 
on an ongoing basis. 
SEC. 210. SECTION 1546 AMENDMENTS. 
(a) Section 1546(a) of title 18, United States Code, 
is amended in the first paragraph by inserting ‘‘distributes 
(or intends to distribute),’’ before ‘‘or falsely’’ the first 
place it appears. 
(b) Section 1546(a) of title 18, United States Code, 
is amended in the first paragraph by inserting ‘‘distrib-
uted,’’ before ‘‘or falsely’’ the second place it appears. 
SEC. 211. MOTIONS TO REOPEN OR RECONSIDER. 
(a) EXERCISE OF DISCRETION.—Section 240(c) of 
the Immigration and Nationality Act (8 U.S.C. 1229a(c)) 
is amended— 
(1) by adding at the end of paragraph (5) the 
following new subparagraph: 
‘‘(D) DISCRETION.—The decision to grant 
or deny a motion to reconsider is committed to 
the Attorney General’s discretion.’’; and 
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(2) by adding at the end of paragraph (6) the 
following new subparagraph: 
‘‘(D) DISCRETION.—The decision to grant 
or deny a motion to reopen is committed to the 
Attorney General’s discretion.’’. 
(b) PRIMA FACIE ELIGIBILITY
FOR PROTECTION 
FROM REMOVAL
TO ALTERNATIVE COUNTRY
OF RE-
MOVAL NOT PREVIOUSLY CONSIDERED.—Section 240(c) 
of the Immigration and Nationality Act (8 U.S.C. 1229a) 
is further amended by adding at the end of paragraph (6) 
the following new subparagraph: 
‘‘(E) SPECIAL
RULE
FOR
ALTERNATIVE 
COUNTRIES OF REMOVAL.—The time and nu-
merical limitations specified in this paragraph 
shall not apply if— 
‘‘(i) the Secretary seeks to remove the 
alien to an alternative or additional coun-
try of removal under subparagraph (D) or 
(E) of section 241(b)(2) that had not been 
considered during the alien’s prior removal 
proceedings; 
‘‘(ii) the alien’s motion to reopen is 
filed within 30 days after the date the 
alien receives notice of the Secretary’s in-
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tention to remove the alien to that country; 
and 
‘‘(iii) the alien establishes a prima 
facie case that the alien is entitled by law 
to withholding of removal under section 
241(b)(3) or protection under the Conven-
tion Against Torture with respect to that 
particular country.’’. 
(c) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall apply to motions to re-
open and reconsider that are filed on or after the date 
of the enactment of this Act in removal, deportation, or 
exclusion proceedings, regardless of whether a final ad-
ministrative order is entered before, on, or after such date. 
SEC. 212. REFORM OF PASSPORT, VISA, AND IMMIGRATION 
FRAUD OFFENSES. 
Chapter 75 of title 18, United States Code is amend-
ed to read as follows: 
‘‘CHAPTER 75—PASSPORT, VISA, AND 
IMMIGRATION FRAUD 
‘‘1541. Trafficking in passports. 
‘‘1542. False statement in an application for a passport. 
‘‘1543. Forgery and unlawful production of a passport. 
‘‘1544. Misuse of a passport. 
‘‘1545. Schemes to defraud aliens. 
‘‘1546. Immigration and visa fraud. 
‘‘1547. Attempts and conspiracies. 
‘‘1548. Increased penalties for certain offenses. 
‘‘1549. Seizure and forfeiture. 
‘‘1550. Additional jurisdiction. 
‘‘1551. Additional venue. 
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‘‘1552. Definitions. 
‘‘1553. Authorized law enforcement activities. 
‘‘§ 1541. Trafficking in passports 
‘‘(a) Whoever, during any three-year period— 
‘‘(1) knowingly and without lawful authority 
produces, issues, or transfers 10 or more passports; 
or 
‘‘(2) knowingly forges, counterfeits, alters, or 
falsely makes 10 or more passports; or 
‘‘(3) knowingly secures, possesses, uses, re-
ceives, buys, or sells 10 or more passports, knowing 
the passports to be forged, counterfeited, altered, 
falsely made, stolen, procured by fraud, issued, or 
designed for the use of another, or produced or 
issued without lawful authority; or 
‘‘(4) knowingly completes, mails, prepares, pre-
sents, signs, or submits 10 or more applications for 
a United States passport (including any supporting 
documentation) knowing the applications to contain 
any false statement or representation; 
shall be fined under this title, imprisoned not less than 
3 years nor more than 20 years, or both. 
‘‘(b) Whoever knowingly and without lawful authority 
produces, counterfeits, secures, possesses, or uses any offi-
cial paper, seal, hologram, image, text, symbol, stamp, en-
graving, plate, or other material used to make a passport 
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shall be fined under this title, imprisoned not less than 
3 years nor more than 20 years, or both. 
‘‘§ 1542. False statement in an application for a pass-
port 
‘‘Whoever knowingly— 
‘‘(1) makes any false statement or representa-
tion in an application for a United States passport 
(including any supporting documentation); or 
‘‘(2) completes, mails, prepares, presents, signs, 
or submits an application for a United States pass-
port (including any supporting documentation) 
knowing it to contain any false statement or rep-
resentation; or 
‘‘(3) causes or attempts to cause the production 
of a passport by means of any fraud or false applica-
tion for a United States passport (including any 
supporting documentation), when such production 
occurs or would occur at a facility authorized by the 
Secretary of State for the production of passports; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘§ 1543. Forgery and unlawful production of a pass-
port 
‘‘(a) Whoever— 
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‘‘(1) knowingly forges, counterfeits, alters, or 
falsely makes any passport; or 
‘‘(2) knowingly transfers any passport knowing 
it to be forged, counterfeited, altered, falsely made, 
stolen, or to have been produced or issued without 
lawful authority; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘(b) Whoever knowingly and without lawful author-
ity— 
‘‘(1) produces, issues, authorizes, or verifies a 
passport in violation of the laws, regulations, or 
rules governing the issuance of the passport; or 
‘‘(2) produces, issues, authorizes, or verifies a 
United States passport for or to any person not 
owing allegiance to the United States; or 
‘‘(3) transfers or furnishes a passport to a per-
son for use when such person is not the person for 
whom the passport was issued or designed; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘§ 1544. Misuse of a passport 
‘‘(a) Whoever— 
‘‘(1) knowingly uses any passport issued or de-
signed for the use of another; or 
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‘‘(2) knowingly 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; or 
‘‘(3) knowingly secures, possesses, uses, re-
ceives, buys, or sells any passport knowing it to be 
forged, counterfeited, altered, falsely made, procured 
by fraud, or produced or issued without lawful au-
thority; or 
‘‘(4) knowingly violates the terms and condi-
tions 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. 
‘‘(b) Whoever knowingly uses any passport— 
‘‘(1) to enter or to attempt to enter the United 
States, or 
‘‘(2) to defraud an agency of the United States, 
a State, or a political subdivision of a State, 
knowing the passport to be forged, counterfeited, altered, 
falsely made, procured by fraud, produced or issued with-
out lawful authority, or issued or designed for the use of 
another, shall be fined under this title, imprisoned not less 
than 6 months nor more than 15 years, or both. 
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‘‘§ 1545. Schemes to defraud aliens 
‘‘(a) Whoever knowingly defrauds any person in con-
nection with— 
‘‘(1) any matter that is authorized by or arises 
under the immigration laws of the United States, or 
‘‘(2) any matter the offender claims or rep-
resents is authorized by or arises under the immi-
gration laws of the United States, 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘(b) Whoever knowingly and falsely represents him-
self to be an attorney in any matter authorized by or aris-
ing under the immigration laws of the United States shall 
be fined under this title, imprisoned not more than 15 
years, or both. 
‘‘§ 1546. Immigration and visa fraud 
‘‘(a) Whoever— 
‘‘(1) knowingly uses any immigration document 
issued or designed for the use of another; or 
‘‘(2) knowingly forges, counterfeits, alters, or 
falsely makes any immigration document; or 
‘‘(3) knowingly completes, mails, prepares, pre-
sents, signs, or submits any immigration document 
knowing it to contain any materially false statement 
or representation; or 
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‘‘(4) knowingly secures, possesses, uses, trans-
fers, receives, buys, or sells any immigration docu-
ment knowing it to be forged, counterfeited, altered, 
falsely made, stolen, procured by fraud, issued or de-
signed for another, or produced or issued without 
lawful authority; or 
‘‘(5) knowingly adopts or uses a false or ficti-
tious name to evade or to attempt to evade the im-
migration laws; or 
‘‘(6) knowingly and without lawful authority 
transfers or furnishes an immigration document to 
a person for use when such person is not the person 
for whom the immigration document was issued or 
designed; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘(b) Whoever, during any three-year period— 
‘‘(1) knowingly and without lawful authority 
produces, issues, or transfers 10 or more immigra-
tion documents; or 
‘‘(2) knowingly forges, counterfeits, alters, or 
falsely makes 10 or more immigration documents; or 
‘‘(3) knowingly secures, possesses, uses, buys, 
or sells 10 or more immigration documents, knowing 
the immigration documents to be forged, counter-
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feited, altered, stolen, falsely made, procured by 
fraud, or issued or designed for the use of another, 
or produced or issued without lawful authority; or 
‘‘(4) knowingly completes, mails, prepares, pre-
sents, signs, or submits 10 or more immigration doc-
uments knowing the documents to contain any mate-
rially false statement or representation; 
shall be fined under this title, imprisoned not less than 
2 years nor more than 20 years, or both. 
‘‘(c) Whoever knowingly and without lawful authority 
produces, counterfeits, secures, possesses, or uses any offi-
cial paper, seal, hologram, image, text, symbol, stamp, en-
graving, plate, or other material used to make an immigra-
tion document shall be fined under this title, imprisoned 
not less than 2 years nor more than 20 years, or both. 
‘‘§ 1547. Attempts and conspiracies 
‘‘Whoever attempts or conspires to violate any section 
within this chapter shall be punished in the same manner 
as a completed violation of that section. An attempt of-
fense under this chapter is a general intent crime. 
‘‘§ 1548. Increased penalties for certain offenses 
‘‘(a) Whoever violates any of the sections within this 
chapter with the intent to facilitate an act of international 
terrorism (as defined in section 2331 of this title) shall 
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be fined under this title, imprisoned not less than 7 years 
nor more than 25 years, or both. 
‘‘(b) Whoever violates any section in this chapter with 
the intent to facilitate the commission of any offense 
against the United States (other than an offense in this 
chapter) or against any State, which offense is punishable 
by imprisonment for more than 1 year, shall be fined 
under this title, imprisoned not less than 3 years nor more 
than 20 years, or both. 
‘‘§ 1549. Seizure and forfeiture 
‘‘(a) Any property, real or personal, that has been 
used to commit or facilitate the commission of a violation 
of any section within this chapter, the gross proceeds of 
such violation, and any property traceable to such prop-
erty or proceeds, shall be subject to forfeiture. 
‘‘(b) Seizures and forfeitures under this section shall 
be governed by the provisions of chapter 46 of this title, 
relating to civil forfeitures, including section 981(d) of 
such title, except that such duties as are imposed upon 
the Secretary of the Treasury under the customs laws de-
scribed in that section shall be performed by such officers, 
agents, and other persons as may be designated for that 
purpose by the Secretary of Homeland Security, the Sec-
retary of State, or the Attorney General. 
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‘‘§ 1550. Additional jurisdiction 
‘‘(a) Whoever commits an offense under this chapter 
within the special maritime and territorial jurisdiction of 
the United States shall be punished as provided by that 
offense. 
‘‘(b) Whoever commits an offense under this chapter 
outside the United States shall be punished as provided 
by that offense if— 
‘‘(1) the offense involves a United States immi-
gration document (or any document purporting to be 
the same) or any matter, right, or benefit arising 
under or authorized by the immigration laws of the 
United States or the regulations prescribed there-
under; or 
‘‘(2) the offense is in or affects foreign com-
merce; or 
‘‘(3) the offense affects, jeopardizes, or poses a 
significant risk to the lawful administration of the 
immigration laws of the United States, or the na-
tional security of the United States; or 
‘‘(4) the offense is committed to facilitate an 
act of international terrorism (as defined in section 
2331 of this title) or a drug trafficking crime (as de-
fined in section 929(a) of this title) that affects or 
would affect the national security of the United 
States; or 
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‘‘(5) an offender is a national of the United 
States (as defined in section 101(a)(22) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1001(a)(22)) or an alien lawfully admitted for per-
manent residence in the United States (as defined in 
section 101(a)(20) of the Immigration and Nation-
ality Act (8 U.S.C. 1001(a)(20)); or 
‘‘(6) an offender is a stateless person whose ha-
bitual residence is in the United States. 
‘‘§ 1551. Additional venue 
‘‘An offense under section 1542 of this chapter may 
be prosecuted in— 
‘‘(1) any district in which the false statement or 
representation was made; or 
‘‘(2) any district in which the passport applica-
tion was prepared, submitted, mailed, received, proc-
essed, or adjudicated; or 
‘‘(3) in the case of an application prepared and 
adjudicated outside the United States, in the district 
in which the resultant passport was produced. 
Nothing in this section limits the venue otherwise available 
under sections 3237 and 3238 of this title. 
‘‘§ 1552. Definitions 
‘‘For purposes of this chapter: 
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‘‘(1) The term ‘falsely make’ means to prepare 
or complete an immigration document with knowl-
edge or in reckless disregard of the fact that the 
document— 
‘‘(A) contains a statement or representa-
tion that is false, fictitious, or fraudulent; 
‘‘(B) has no basis in fact or law; or 
‘‘(C) otherwise fails to state a fact that is 
material to the purpose for which the document 
was created, designed, or submitted. 
‘‘(2) The term a ‘false statement or representa-
tion’ includes a personation or an omission. 
‘‘(3) The term ‘felony’ means any criminal of-
fense punishable by a term of imprisonment of more 
than 1 year under the laws of the United States, any 
State, or a foreign government. 
‘‘(4) 
The 
term 
‘immigration 
document’ 
means— 
‘‘(A) any passport or visa; or 
‘‘(B) any application, petition, affidavit, 
declaration, attestation, form, identification 
card, alien registration document, employment 
authorization document, border crossing card, 
certificate, permit, order, license, stamp, au-
thorization, grant of authority, or other evi-
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dentiary document, arising under or authorized 
by the immigration laws of the United States. 
Such term includes any document, photograph, or 
other piece of evidence attached to or submitted in 
support of an immigration document. 
‘‘(5) The term ‘immigration laws’ includes— 
‘‘(A) 
the 
laws 
described 
in 
section 
101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)); 
‘‘(B) the laws relating to the issuance and 
use of passports; and 
‘‘(C) the regulations prescribed under the 
authority of any law described in paragraphs 
(1) and (2) of this subsection. 
‘‘(6) A person does not exercise ‘lawful author-
ity’ if the person abuses or improperly exercises law-
ful authority the person otherwise holds. 
‘‘(7) The term ‘passport’ means a travel docu-
ment attesting to the identity and nationality of the 
bearer that is issued under the authority of the Sec-
retary of State, a foreign government, or an inter-
national organization; or any instrument purporting 
to be the same. 
‘‘(8) The term ‘produce’ means to make, pre-
pare, assemble, issue, print, authenticate, or alter. 
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‘‘(9) The term ‘State’ means a State of the 
United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United 
States. 
‘‘§ 1553. Authorized law enforcement activities 
‘‘The sections in this chapter do not prohibit any law-
fully authorized investigative, protective, or intelligence ac-
tivity of a law enforcement agency of the United States, 
a State, or a subdivision of a State, or of an intelligence 
agency of the United States, or any activity authorized 
under title V of the Organized Crime Control Act of 1970 
(18 U.S.C. note prec. 3481).’’. 
SEC. 213. CRIMINAL DETENTION OF ALIENS. 
(a) Section 3142(e) of title 18, United States Code, 
is amended by inserting at the end the following: 
‘‘Subject to rebuttal by the person, it shall be presumed 
that no condition or combination of conditions will reason-
ably assure the appearance of the person as required if 
the judicial officer finds that there is probable cause to 
believe that the person is an alien and that the person— 
‘‘(1) has no lawful immigration status in the 
United States; 
‘‘(2) is the subject of a final order of removal; 
or 
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‘‘(3) has committed a felony offense under sec-
tion 911, 922(g)(5), 1015, 1028, 1425, or 1426 of 
this title, or any section of chapters 75 and 77 of 
this title, or section 243, 274, 275, 276, 277, or 
278, of the Immigration and Nationality Act.’’. 
(b) Section 3142(g)(3) of title 18, United States 
Code, is amended by striking ‘‘and’’ at the end of subpara-
graph (A) and by adding at the end the following new sub-
paragraph: 
‘‘(C) the person’s immigration status; 
and’’. 
SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CER-
TAIN IMMIGRATION, NATURALIZATION, AND 
PEONAGE OFFENSES. 
Section 3291 of title 18, United States Code, is 
amended to read as follows: 
‘‘SEC. 3291. IMMIGRATION, NATURALIZATION, AND PEON-
AGE OFFENSES. 
‘‘No person shall be prosecuted, tried, or punished 
for a violation of any section of chapters 69 (relating to 
nationality and citizenship offenses), 75 (relating to pass-
port, visa, and immigration offenses), or 77 (relating to 
peonage, slavery, and trafficking in persons) of this title 
(or for attempt or conspiracy to violate any such section), 
or for a violation of any criminal provision of sections 243, 
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266, 274, 275, 276, 277, or 278 of the Immigration and 
Nationality Act (or for attempt or conspiracy to violate 
any such section), unless the indictment is returned or the 
information filed within ten years after the commission of 
the offense.’’. 
SEC. 215. CONFORMING AMENDMENT. 
Subparagraph (P) of section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
amended— 
(1) by striking ‘‘(i) which either is falsely mak-
ing, forging, counterfeiting, mutilating, or altering a 
passport or instrument in violation of section 1543 
of title 18 or is described in section 1546(a) of such 
title (relating to document fraud) and (ii)’’ and in-
serting ‘‘which is described in any section of chapter 
75 of title 18, United States Code,’’; and 
(2) by inserting after ‘‘first offense’’ the fol-
lowing: ‘‘(i) that is not described in section 1548 (re-
lating to increased penalties), and (ii)’’. 
SEC. 216. INADMISSIBILITY FOR PASSPORT AND IMMIGRA-
TION FRAUD. 
(a) IN GENERAL.—Section 212(a)(2)(A)(i) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) 
is amended— 
(1) by striking ‘‘or’’ at the end of subclause (I); 
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(2) by inserting ‘‘or’’ at the end of subclause 
(II); and 
(3) by inserting the following new subpara-
graph: 
‘‘(III) a violation of (or a con-
spiracy or attempt to violate) any sec-
tion of chapter 75 of title 18, United 
States Code,’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to proceedings pending on or 
after the date of the enactment of this Act. 
SEC. 217. REMOVAL FOR PASSPORT AND IMMIGRATION 
FRAUD. 
(a) 
IN
GENERAL.—Clause 
(iii) 
of 
section 
237(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C.1227(a)(3)(B)) is amended to read as follows ‘‘(iii) 
of a violation of, or an attempt or a conspiracy to violate, 
any section of chapter 75 of title 18, United States 
Code,’’. 
(b) EFFECTIVE DATE.—This amendment made by 
subsection (a) shall apply to proceedings pending on or 
after the date of the enactment of this Act. 
SEC. 218. REDUCTION IN IMMIGRATION BACKLOG. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall require that, not later than six months after the 
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date of the enactment of this Act, the Director of United 
States Citizenship and Immigration Services (in this sec-
tion referred to as ‘‘USCIS’’) undertake maximum efforts 
to reduce to the greatest extent practicable the backlog 
in the processing and adjudicative functions of USCIS. 
(b) PILOT PROGRAM INITIATIVES.— 
(1) IN GENERAL.—The Director is authorized 
to implement a pilot program for the purposes of, to 
the greatest extent practicable— 
(A) reducing the backlog in the processing 
of immigration benefit applications; and 
(B) preventing such backlog from recur-
ring. 
(2) INITIATIVES.—To carry out paragraph (1), 
initiatives may include measures such as increasing 
personnel, transferring personnel to focus on areas 
with the largest potential for backlog, streamlining 
paperwork processes, and increasing information 
technology and service centers. 
SEC. 219. FEDERAL AFFIRMATION OF ASSISTANCE IN THE 
IMMIGRATION 
LAW 
ENFORCEMENT 
BY 
STATES AND POLITICAL SUBDIVISIONS OF 
STATES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and reaffirming the existing inherent authority 
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of States, law enforcement personnel of a State or a polit-
ical subdivision of a State have the inherent authority of 
a sovereign entity to investigate, identify, apprehend, ar-
rest, detain, or transfer to Federal custody aliens in the 
United States (including the transportation of such aliens 
across State lines to detention centers), for the purposes 
of assisting in the enforcement of the immigration laws 
of the United States in the course of carrying out routine 
duties. This State authority has never been displaced or 
preempted by Congress. 
(b) CONSTRUCTION.—Nothing in this section may be 
construed to require law enforcement personnel of a State 
or political subdivision of a State to— 
(1) report the identity of a victim of, or a wit-
ness to, a criminal offense to the Secretary of Home-
land Security for immigration enforcement purposes; 
or 
(2) arrest such victim or witness for a violation 
of the immigration laws of the United States. 
SEC. 220. TRAINING OF STATE AND LOCAL LAW ENFORCE-
MENT PERSONNEL RELATING TO THE EN-
FORCEMENT OF IMMIGRATION LAWS. 
(a) ESTABLISHMENT
OF TRAINING MANUAL
AND 
POCKET GUIDE.—Not later than 180 days after the date 
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of the enactment of this Act, the Secretary of Homeland 
Security shall establish— 
(1) a training manual for law enforcement per-
sonnel of a State or political subdivision of a State 
to train such personnel in the investigation, identi-
fication, apprehension, arrest, detention, and trans-
fer to Federal custody of aliens in the United States 
(including the transportation of such aliens across 
State lines to detention centers and the identifica-
tion of fraudulent documents); and 
(2) an immigration enforcement pocket guide 
for law enforcement personnel of a State or 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 per-
sonnel to carry the training manual or pocket guide estab-
lished under subsection (a)(2) with them while on duty. 
(d) COSTS.—The Secretary of Homeland Security 
shall be responsible for any and all costs incurred in estab-
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lishing the training manual and pocket guide under sub-
section (a). 
(e) TRAINING FLEXIBILITY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall make training of State and local law 
enforcement officers available through as many 
means as possible, including residential training at 
the Center for Domestic Preparedness, onsite train-
ing held at State or local police agencies or facilities, 
online training courses by computer, teleconfer-
encing, and videotape, or the digital video display 
(DVD) of a training course or courses. E-learning 
through a secure, encrypted distributed learning sys-
tem that has all its servers based in the United 
States, is sealable, survivable, and can have a portal 
in place within 30 days, shall be made available by 
the Federal Law Enforcement Training Center Dis-
tributed Learning Program for State and local law 
enforcement personnel. 
(2) FEDERAL
PERSONNEL
TRAINING.—The 
training of State and local law enforcement per-
sonnel under this section shall not displace the train-
ing of Federal personnel. 
(3) CLARIFICATION.—Nothing in this Act or 
any other provision of law shall be construed as 
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making any immigration-related training a require-
ment for, or prerequisite to, any State or local law 
enforcement officer to assist in the enforcement of 
Federal immigration laws in the normal course of 
carrying out their normal law enforcement duties. 
(f) TRAINING LIMITATION.—Section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)) is 
amended— 
(1) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’ each place it 
appears; and 
(2) in paragraph (2), by adding at the end the 
following: ‘‘Such training shall not exceed 14 days or 
80 hours, whichever is longer.’’. 
SEC. 221. FINANCIAL ASSISTANCE TO STATE AND LOCAL 
POLICE AGENCIES THAT ASSIST IN THE EN-
FORCEMENT OF IMMIGRATION LAWS. 
(a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING 
AND
PROCESSING
ILLEGAL
ALIENS.—From amounts 
made available to make grants under this section, the Sec-
retary of Homeland Security shall make grants to States 
and political subdivisions of States for procurement of 
equipment, technology, facilities, and other products that 
facilitate and are directly related to investigating, appre-
hending, arresting, detaining, or transporting immigration 
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law violators, including additional administrative costs in-
curred under this Act. 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a State or political subdivision of a 
State must have the authority to, and have in effect the 
policy and practice to, assist in the enforcement of the 
immigration laws of the United States in the course of 
carrying out such agency’s routine law enforcement duties. 
(c) FUNDING.—There is authorized to be appro-
priated for grants under this section $300,000,000 for 
each 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 dis-
tributed to States and political subdivisions of States 
under subsection (a). 
SEC. 222. INSTITUTIONAL REMOVAL PROGRAM (IRP). 
(a) CONTINUATION AND EXPANSION.— 
(1) IN GENERAL.—The Department of Home-
land Security shall continue to operate and imple-
ment the program known as the Institutional Re-
moval Program (IRP) which— 
(A) identifies removable criminal aliens in 
Federal and State correctional facilities; 
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(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 institutional removal 
program shall be extended to all States. Any State 
that receives Federal funds for the incarceration of 
criminal aliens shall— 
(A) cooperate with officials of the institu-
tional removal program; 
(B) expeditiously and systematically iden-
tify criminal aliens in its prison and jail popu-
lations; and 
(C) promptly convey such information to 
officials of such program as a condition for re-
ceiving such funds. 
(b) AUTHORIZATION FOR DETENTION AFTER COM-
PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 
enforcement officers of a State or political subdivision of 
a State have the authority to— 
(1) hold an illegal alien for a period of up to 
14 days after the alien has completed the alien’s 
State prison sentence in order to effectuate the 
transfer of the alien to Federal custody when the 
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alien is removable or not lawfully present in the 
United States; or 
(2) issue a detainer that would allow aliens who 
have served a State prison sentence to be detained 
by the State prison until personnel from United 
States Immigration and Customs Enforcement can 
take the alien into custody. 
(c) TECHNOLOGY USAGE.—Technology such as video 
conferencing shall be used to the maximum extent possible 
in order to make the Institutional Removal Program 
(IRP) available in remote locations. Mobile access to Fed-
eral databases of aliens, such as IDENT, and live scan 
technology shall be used to the maximum extent prac-
ticable in order to make these resources available to State 
and local law enforcement agencies in remote locations. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the institutional 
removal program— 
(1) $100,000,000 for fiscal year 2009; 
(2) $115,000,000 for fiscal year 2010; 
(3) $130,000,000 for fiscal year 2011; 
(4) $145,000,000 for fiscal year 2012; and 
(5) $160,000,000 for fiscal year 2013. 
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SEC. 223. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
(SCAAP). 
Section 241(i)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1231(i)) is amended by inserting before the 
period at the end the following: ‘‘and $1,000,000,000 for 
each subsequent fiscal year’’. 
SEC. 224. STATE AUTHORIZATION FOR ASSISTANCE IN THE 
ENFORCEMENT OF IMMIGRATION LAWS EN-
COURAGED. 
(a) IN GENERAL.—Effective 2 years after the date 
of the enactment of this Act, a State (or political subdivi-
sion 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 within the State, from 
assisting or cooperating with Federal immigration law en-
forcement in the course of carrying out the officers’ rou-
tine law enforcement duties shall not receive any of the 
funds that would otherwise be allocated to the State under 
section 241(i) of the Immigration and Nationality Act (8 
U.S.C. 1231(i)). 
(b) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials from States or political 
subdivisions of States to report or arrest victims or wit-
nesses of a criminal offense. 
(c) REALLOCATION OF FUNDS.—Any funds that are 
not allocated to a State or political subdivision of a State 
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due to the failure of the State to comply with subsection 
(a) shall be reallocated to States that comply with such 
subsection. 
TITLE 
III—BORDER 
SECURITY 
COOPERATION 
AND 
EN-
FORCEMENT 
SEC. 301. JOINT STRATEGIC PLAN FOR UNITED STATES 
BORDER SURVEILLANCE AND SUPPORT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity and the Secretary of Defense shall develop a joint 
strategic plan to use the authorities provided to the Sec-
retary of Defense under chapter 18 of title 10, United 
States Code, to increase the availability and use of Depart-
ment of Defense equipment, including unmanned aerial 
vehicles, tethered aerostat radars, and other surveillance 
equipment, to assist with the surveillance activities of the 
Department of Homeland Security conducted at or near 
the international land and maritime borders of the United 
States. 
(b) REPORT.—Not later than six months after the 
date of the enactment of this Act, the Secretary of Home-
land Security and the Secretary of Defense shall submit 
to appropriate congressional committees (as defined in 
section 102(g)) a report containing— 
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(1) a description of the use of Department of 
Defense equipment to assist with the surveillance by 
the Department of Homeland Security of the inter-
national land and maritime borders of the United 
States; 
(2) the joint strategic plan developed pursuant 
to subsection (a); 
(3) a description of the types of equipment and 
other support to be provided by the Department of 
Defense under the joint strategic plan during the 
one-year period beginning after submission of the re-
port under this subsection; and 
(4) a description of how the Department of 
Homeland Security and the Department of Defense 
are working with the Department of Transportation 
on safety and airspace control issues associated with 
the use of unmanned aerial vehicles in the National 
Airspace System. 
(c) RULES OF CONSTRUCTION.—(1) Nothing in this 
section shall be construed as altering or amending the pro-
hibition on the use of any part of the Army or the Air 
Force as a posse comitatus under section 1385 of title 18, 
United States Code. 
(2) Nothing in this section shall be construed to alter, 
impact, diminish, or in any way undermine the authority 
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of the Administrator of the Federal Aviation Administra-
tion to oversee, regulate, and control the safe and efficient 
use of the airspace of the United States. 
SEC. 302. BORDER SECURITY ON PROTECTED LAND. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in consultation with the Secretary of the Interior, 
shall evaluate border security vulnerabilities on land di-
rectly adjacent to the international land border of the 
United States under the jurisdiction of the Department 
of the Interior related to the prevention of the entry of 
terrorists, other unlawful aliens, narcotics, and other con-
traband into the United States. 
(b) SUPPORT
FOR BORDER SECURITY NEEDS.— 
Based on the evaluation conducted pursuant to subsection 
(a), the Secretary of Homeland Security shall provide ap-
propriate border security assistance on land directly adja-
cent to the international land border of the United States 
under the jurisdiction of the Department of the Interior, 
its bureaus, and tribal entities. 
SEC. 303. BORDER SECURITY THREAT ASSESSMENT AND IN-
FORMATION SHARING TEST AND EVALUA-
TION EXERCISE. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
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design and carry out a national border security exercise 
for the purposes of— 
(1) involving officials from Federal, State, terri-
torial, local, tribal, and international governments 
and representatives from the private sector; 
(2) testing and evaluating the capacity of the 
United States to anticipate, detect, and disrupt 
threats to the integrity of United States borders; 
and 
(3) testing and evaluating the information shar-
ing capability among Federal, State, territorial, 
local, tribal, and international governments. 
SEC. 304. BORDER SECURITY ADVISORY COMMITTEE. 
(a) ESTABLISHMENT
OF COMMITTEE.—Not later 
than one year after the date of the enactment of this Act, 
the Secretary of Homeland Security shall establish an ad-
visory committee to be known as the Border Security Ad-
visory Committee (in this section referred to as the ‘‘Com-
mittee’’). 
(b) DUTIES.—The Committee shall advise the Sec-
retary on issues relating to border security and enforce-
ment along the international land and maritime border of 
the United States. 
(c) MEMBERSHIP.—The Secretary shall appoint 
members to the Committee from the following: 
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(1) State and local government representatives 
from States located along the international land and 
maritime borders of the United States. 
(2) Community representatives from such 
States. 
(3) Tribal authorities in such States. 
SEC. 305. PERMITTED USE OF HOMELAND SECURITY 
GRANT FUNDS FOR BORDER SECURITY AC-
TIVITIES. 
(a) REIMBURSEMENT.—The Secretary of Homeland 
Security may allow the recipient of amounts under a cov-
ered grant to use those amounts to reimburse itself for 
costs it incurs in carrying out any terrorism prevention 
or deterrence activity that— 
(1) relates to the enforcement of Federal laws 
aimed at preventing the unlawful entry of persons or 
things into the United States, including activities 
such as detecting or responding to such an unlawful 
entry or providing support to another entity relating 
to preventing such an unlawful entry; 
(2) is usually a Federal duty carried out by a 
Federal agency; and 
(3) is carried out under agreement with a Fed-
eral agency. 
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(b) USE OF PRIOR YEAR FUNDS.—Subsection (a) 
shall apply to all covered grant funds received by a State, 
local government, or Indian tribe at any time on or after 
October 1, 2001. 
(c) COVERED GRANTS.—For purposes of subsection 
(a), the term ‘‘covered grant’’ means grants provided by 
the Department of Homeland Security to States, local gov-
ernments, or Indian tribes administered under the fol-
lowing programs: 
(1) STATE HOMELAND SECURITY GRANT PRO-
GRAM.—The State Homeland Security Grant Pro-
gram of the Department, or any successor to such 
grant program. 
(2) URBAN AREA SECURITY INITIATIVE.—The 
Urban Area Security Initiative of the Department, 
or any successor to such grant program. 
(3) LAW ENFORCEMENT TERRORISM PREVEN-
TION PROGRAM.—The Law Enforcement Terrorism 
Prevention Program of the Department, or any suc-
cessor to such grant program. 
SEC. 306. CENTER OF EXCELLENCE FOR BORDER SECU-
RITY. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall establish a university-based Center of Excel-
lence for Border Security following the merit-review proc-
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esses and procedures and other limitations that have been 
established for selecting and supporting University Pro-
grams Centers of Excellence. 
(b) ACTIVITIES OF THE CENTER.—The Center shall 
prioritize its activities on the basis of risk to address the 
most significant threats, vulnerabilities, and consequences 
posed by United States borders and border control sys-
tems. The activities shall include the conduct of research, 
the examination of existing and emerging border security 
technology and systems, and the provision of education, 
technical, and analytical assistance for the Department of 
Homeland Security to effectively secure the borders. 
SEC. 307. SENSE OF CONGRESS REGARDING COOPERATION 
WITH INDIAN NATIONS. 
It is the sense of Congress that— 
(1) the Department of Homeland Security 
should strive to include as part of a National Strat-
egy for Border Security recommendations on how to 
enhance Department cooperation with sovereign In-
dian Nations on securing our borders and preventing 
terrorist entry, including, specifically, the Depart-
ment should consider whether a Tribal Smart Bor-
der working group is necessary and whether further 
expansion of cultural sensitivity training, as exists in 
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Arizona with the Tohono O’odham Nation, should be 
expanded elsewhere; and 
(2) as the Department of Homeland Security 
develops a National Strategy for Border Security, it 
should take into account the needs and missions of 
each agency that has a stake in border security and 
strive to ensure that these agencies work together 
cooperatively on issues involving Tribal lands. 
SEC. 308. COMMUNICATION BETWEEN GOVERNMENT AGEN-
CIES AND THE DEPARTMENT OF HOMELAND 
SECURITY. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is amended— 
(1) by striking ‘‘Immigration and Naturaliza-
tion Service’’ and inserting ‘‘Department of Home-
land Security’’ each place it appears; and 
(2) by adding at the end the following: 
‘‘(d) ENFORCEMENT.— 
‘‘(1) INELIGIBILITY
FOR
FEDERAL
LAW
EN-
FORCEMENT AID.—Upon a determination that any 
person, or any Federal, State, or local government 
agency or entity, is in violation of subsection (a) or 
(b), the Attorney General shall not provide to that 
person, agency, or entity any grant amount pursuant 
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202 
period specified and the verification system 
has registered that not all inquiries were 
received during such time, the person or 
entity may make an inquiry in the first 
subsequent working day in which the 
verification system registers that it has re-
ceived all inquiries. If the verification sys-
tem cannot receive inquiries at all times 
during a day, the person or entity merely 
has to assert that the entity attempted to 
make the inquiry on that day for the pre-
vious sentence to apply to such an inquiry, 
and does not have to provide any addi-
tional proof concerning such inquiry. 
‘‘(v) 
CONSEQUENCES
OF 
NONVERIFICATION.— 
‘‘(I) TERMINATION OR NOTIFICA-
TION OF CONTINUED EMPLOYMENT.— 
If the person or other entity has re-
ceived a final nonverification regard-
ing an individual, the person or entity 
may terminate employment of the in-
dividual (or decline to recruit or refer 
the individual). If the person or entity 
does not terminate employment of the 
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203 
individual or proceeds to recruit or 
refer the individual, the person or en-
tity shall notify the Secretary of 
Homeland Security of such fact 
through the verification system or in 
such other manner as the Secretary 
may specify. 
‘‘(II) FAILURE
TO
NOTIFY.—If 
the person or entity fails to provide 
notice with respect to an individual as 
required under subclause (I), the fail-
ure is deemed to constitute a violation 
of subsection (a)(1)(A) with respect to 
that individual. 
‘‘(vi) 
CONTINUED
EMPLOYMENT 
AFTER
FINAL
NONVERIFICATION.—If the 
person or other entity continues to employ 
(or to recruit or refer) an individual after 
receiving final nonverification, a rebuttable 
presumption is created that the person or 
entity has violated subsection (a)(1)(A).’’. 
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204 
SEC. 
703. 
EXPANSION 
OF 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION 
SYSTEM 
TO 
PREVIOUSLY 
HIRED INDIVIDUALS AND RECRUITING AND 
REFERRING. 
(a) APPLICATION
TO
RECRUITING
AND
REFER-
RING.—Section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a) is amended— 
(1) in subsection (a)(1)(A), by striking ‘‘for a 
fee’’; 
(2) in subsection (a)(1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) to hire, continue to employ, or to re-
cruit or refer for employment in the United 
States an individual without complying with the 
requirements of subsection (b).’’; 
(3) in subsection (a)(2) by striking ‘‘after hir-
ing an alien for employment in accordance with 
paragraph (1),’’ and inserting ‘‘after complying with 
paragraph (1),’’; and 
(4) in subsection (a)(3), as amended by section 
702, is further amended by striking ‘‘hiring,’’ and 
inserting ‘‘hiring, employing,’’ each place it appears. 
(b) EMPLOYMENT ELIGIBILITY VERIFICATION FOR 
PREVIOUSLY HIRED INDIVIDUALS.—Section 274A(b) of 
such Act (8 U.S.C. 1324a(b)), as amended by section 
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248 
SEC. 762. ADDITIONAL WORKSITE ENFORCEMENT AND 
FRAUD DETECTION AGENTS. 
(a) WORKSITE ENFORCEMENT.—The Secretary of 
Homeland Security shall, subject to the availability of ap-
propriations for such purpose, annually increase, by not 
fewer than 2,000, the number of positions dedicated to 
enforcing compliance with sections 274 and 274A of the 
Immigration and Nationality Act (8 U.S.C. 1324 and 
1324a) during the five year period beginning on October 
1, 2008. 
(b) FRAUD DETECTION.—The Secretary of Home-
land Security shall, subject to the availability of appropria-
tions for such purpose, increase by not fewer than 1,000 
the number of positions for Immigration Enforcement 
Agents dedicated to immigration fraud detection during 
the five year period beginning on October 1, 2008. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Homeland Security for each of fiscal years 2008 through 
2012 such sums as may be necessary to carry out this 
section. 
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