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— 
‘‘(1) not less than $50 or more than $250 for 
each such entry, crossing, attempted entry, or at-
tempted crossing; or 
‘‘(2) 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: 
‘‘Sec. 275. Illegal entry or presence.’’. 
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 out-
standing, 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 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
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, at-
tempts 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, impris-
oned 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 af-
firmative 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 Sec-
retary of Homeland Security to reapply for admis-
sion into the United States; or 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(2) with respect to an alien previously denied 
admission and removed, the alien— 
‘‘(A) was not required to obtain such ad-
vance consent under the Immigration and Na-
tionality 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 UN-
DERLYING 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 COM-
PLETION OF TERM OF IMPRISONMENT.—Any alien re-
moved pursuant to section 241(a)(4) who enters, attempts 
to enter, crosses the border to, attempts to cross the bor-
der to, or is at any time found in, the United States shall 
be incarcerated for the remainder of the sentence of im-
prisonment which was pending at the time of deportation 
without any reduction for parole or supervised release un-
less the alien affirmatively demonstrates that the Sec-
retary 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 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
100 
as may be available under this section or any other provi-
sion 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 imprison-
ment 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 ap-
plicable 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 stipu-
lates 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.’’. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
101 
SEC. 317. 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—PASSPORTS AND VISAS 
‘‘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. 
‘‘§ 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, with-
out 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 Colum-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
102 
bia, and any commonwealth, territory, or possession of the 
United States. 
‘‘§ 1542. False statement in application and use of 
passport 
‘‘Whoever knowingly— 
‘‘(1) makes any false statement in an applica-
tion 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. 
‘‘§ 1543. Forgery or false use of passport 
‘‘Whoever— 
‘‘(1) falsely makes, forges, counterfeits, muti-
lates, or alters any passport or instrument pur-
porting to be a passport, with intent that the same 
may be used; or 
‘‘(2) knowingly uses, or attempts to use, or fur-
nishes to another for use any such false, forged, 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
103 
counterfeited, mutilated, or altered passport or in-
strument purporting to be a passport, or any pass-
port validly issued which has become void by the oc-
currence of any condition therein prescribed invali-
dating the same; 
shall be fined under this title or imprisoned not more than 
15 years, or both. 
‘‘§ 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 condi-
tions 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 law-
ful authority; or 
‘‘(4) violates the terms and conditions of any 
safe conduct duly obtained and issued under the au-
thority of the United States; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
104 
‘‘§ 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 immigra-
tion 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 fraud-
ulent pretenses, representations, or promises; 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘§ 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 im-
migration document knowing it to contain any mate-
rially false statement or representation; 
‘‘(4) secures, possesses, uses, transfers, re-
ceives, buys, sells, or distributes any immigration 
document knowing it to be forged, counterfeited, al-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
105 
tered, 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 au-
thority, 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. 
‘‘§ 1547. Attempts and conspiracies 
‘‘Whoever attempts or conspires to violate this chap-
ter shall be punished in the same manner as a person who 
completes that violation. 
‘‘§ 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 vio-
lates any section in this chapter to facilitate a drug traf-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
106 
ficking crime (as defined in section 929(a)) shall be fined 
under this title or imprisoned not more than 20 years, or 
both. 
‘‘§ 1549. Definitions 
‘‘In this chapter: 
‘‘(1) An ‘application for a United States pass-
port’ 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.’’. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
107 
SEC. 319. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 
ON CRIMINAL OR SECURITY GROUNDS. 
(a) IN GENERAL.—Section 238(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1228(b)) is amended– 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security in the 
exercise of discretion’’; and 
(B) by striking ‘‘set forth in this sub-
section or’’ and inserting ‘‘set forth in this sub-
section, in lieu of removal proceedings under’’; 
(2) in paragraph (3), by striking ‘‘paragraph 
(1) until 14 calendar days’’ and inserting ‘‘para-
graph (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 dis-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
108 
cretion 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 fol-
lowing new paragraph: 
‘‘(3) The Secretary of Homeland Security in 
the exercise of discretion may determine inadmis-
sibility under section 212(a)(2) (relating to criminal 
offenses) or section 212(a)(3)(related to security 
grounds) 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 inadmis-
sibility or relief from removal.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act but shall not apply to aliens who are 
in removal proceedings under section 240 of the Immigra-
tion and Nationality Act as of such date. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
109 
SEC. 320. INCREASED PENALTIES BARRING THE ADMIS-
SION OF CONVICTED SEX OFFENDERS FAIL-
ING TO REGISTER AND REQUIRING DEPORTA-
TION OF SEX OFFENDERS FAILING TO REG-
ISTER. 
(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 fol-
lowing: 
‘‘(IV) a violation of section 2250 
of title 18, United States Code (relat-
ing to failure to register as a sex of-
fender),’’. 
(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: 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
110 
‘‘(I) FAILURE TO REGISTER AS A SEX OF-
FENDER.—Any alien convicted of, or who ad-
mits having committed, or who admits commit-
ting 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 Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)), is amend-
ed— 
(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 de-
scribed 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, deter-
mines that the citizen poses no risk to the alien with re-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
111 
spect 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 con-
victed 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 sub-
clause (I) is filed.’’. 
(b) NONIMMIGRANTS.—Section 101(a)(15)(K) of 
such Act (8 U.S.C. 1101(a)(15)(K)), is amended by strik-
ing ‘‘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. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
112 
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 fol-
lowing: 
‘‘(iii) CLARIFICATION.—If the convic-
tion records do not conclusively establish 
whether a crime constitutes a crime involv-
ing 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 turpi-
tude.’’. 
(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 TUR-
PITUDE.—If the conviction records do not 
conclusively establish whether a crime con-
stitutes a crime involving moral turpitude, 
the Attorney General may consider other 
evidence related to the conviction that 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
113 
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 es-
tablish whether a crime of domestic vio-
lence constitutes a crime of violence (as de-
fined in section 16 of title 18, United 
States Code), the Attorney General may 
consider other evidence related to the con-
viction 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 OR-
DERS. 
(a) IN GENERAL.—Section 243(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1253(a)) is amended— 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
114 
(1) in the matter preceding subparagraph (A) 
of paragraph (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 enact-
ment 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 enact-
ment 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 312(a) of this Act, is further amended by adding 
at the end the following: 
‘‘(54) The term ‘pardon’ means a full and uncondi-
tional pardon granted by the President of the United 
States, Governor of any of the several States or constitu-
tionally 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: 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
115 
‘‘(8) PARDONS.—In the case of an alien who 
has been convicted of a crime and is subject to re-
moval 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.’’. 
(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. 
SEC. 325. CONVICTIONS. 
(a) Section 212(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(2)) is amended by adding at 
the end the following subparagraph: 
‘‘(J) CONVICTIONS.— 
‘‘(i) IN
GENERAL.—For purposes of 
determining whether an underlying crimi-
nal offense constitutes a ground of inad-
missibility under this subsection, all stat-
utes or common law offenses are divisible 
so long as any of the conduct encompassed 
by the statute constitutes an offense that 
is a ground of inadmissibility. 
‘‘(ii) OTHER EVIDENCE.—If the con-
viction records do not conclusively establish 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
116 
whether a crime constitutes a ground of in-
admissibility, the Attorney General or the 
Secretary of Homeland Security may con-
sider other evidence related to the convic-
tion that clearly establishes that the con-
duct for which the alien was engaged con-
stitutes a ground of inadmissibility.’’. 
(b) Section 237(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1227(a)(2)) is amended by adding at 
the end the following subparagraph: 
‘‘(G) CRIMINAL OFFENSES.— 
‘‘(i) IN
GENERAL.—For purposes of 
determining whether an underlying crimi-
nal offense constitutes a ground of deport-
ability under this subsection, all statutes or 
common law offenses are divisible so long 
as any of the conduct encompassed by the 
statute constitutes an offense that is a 
ground of deportability. 
‘‘(ii) OTHER EVIDENCE.—If the con-
viction records do not conclusively establish 
whether a crime constitutes a ground of 
deportability, the Attorney General or the 
Secretary of Homeland Security may con-
sider other evidence related to the convic-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
117 
tion that clearly establishes that the con-
duct for which the alien was engaged con-
stitutes a ground of deportability.’’. 
TITLE IV—VISA SECURITY 
SEC. 401. CANCELLATION OF ADDITIONAL VISAS. 
(a) IN GENERAL.—Section 222(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1202(g)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary’’; and 
(B) by inserting ‘‘and any other non-
immigrant 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 de-
scribed 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 enact-
ment of this Act and shall apply to a visa issued before, 
on, or after such date. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
118 
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 insert-
ing ‘‘issuance, refusal, or revocation’’; 
(2) in paragraph (2), in the matter preceding 
subparagraph (A), by striking ‘‘and on the basis of 
reciprocity’’; 
(3) in paragraph (2)(A)— 
(A) by inserting ‘‘(i)’’ after ‘‘for the pur-
pose 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 in-
serting ‘‘for one of the purposes’’; and 
(B) by striking ‘‘or to deny visas to per-
sons who would be inadmissible to the United 
States.’’ and inserting ‘‘; or’’; and 
(5) in paragraph (2), by adding 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 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
119 
it is in the national interest to provide such in-
formation 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 con-
sultation 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 facili-
tation of travel of foreign nationals to the United 
States, reduction of visa application processing 
times, or the allocation of consular resources’’ before 
the semicolon at the end; and 
(3) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (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— 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
120 
‘‘(i) determined to be in a class of 
aliens determined by the Secretary of 
Homeland Security to be threats to na-
tional security; 
‘‘(ii) identified by the Secretary of 
Homeland Security as a person of concern; 
or 
‘‘(iii) applying for a visa in a visa cat-
egory 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 Immi-
gration and Nationality Act (8 U.S.C. 1202(h)(1)) is 
amended by inserting ‘‘the alien is determined by the Sec-
retary 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 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
121 
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 Con-
gress 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 Home-
land Security Act of 2002 (6 U.S.C. 236) is amend-
ed 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 sub-
paragraphs (A) and (G) of section 101(a)(15) of the 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
122 
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 des-
ignee, determines that such refusal or revoca-
tion is necessary or advisable in the security or 
foreign policy 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 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
123 
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 security 
or foreign policy interests of the United States. 
‘‘(2) LIMITATION.—No decision by the Sec-
retary of State to approve a visa may override a de-
cision 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 strik-
ing ‘‘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 refus-
als and revocations occurring before, on, or after 
such date. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
124 
(b) TECHNICAL CORRECTIONS TO THE HOMELAND 
SECURITY ACT.—Section 428(a) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 236(a)) is amended by— 
(1) striking ‘‘subsection’’ and inserting ‘‘sec-
tion’’; 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 Re-
lated Agency Appropriations Act, 2005 (title IV of division 
B of Public Law 108–447) is amended, in the fourth para-
graph under the heading ‘‘Diplomatic and Consular Pro-
grams’’, by striking ‘‘Beginning’’ and all that follows 
through the period at the end and inserting the following: 
‘‘Beginning in fiscal year 2005 and thereafter, the Sec-
retary 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 pursu-
ant 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 Secu-
rity Program established by the Secretary of Homeland 
Security under section 428(e) of the Homeland Security 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
125 
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.—Twen-
ty 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 ap-
propriated 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 documenta-
tion before adjudication at the top 30 visa-issuing posts 
designated jointly by the Secretaries of State and Home-
land Security as high-risk posts.’’. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
126 
(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 assign-
ments to the Secretary of State. 
(c) APPROPRIATIONS.—There is authorized to be ap-
propriated $60,000,000 for each of the fiscal years 2014 
and 2015, which shall be used to expedite the implementa-
tion of section 428(i) of the Homeland Security Act, as 
amended by this section. 
SEC. 408. EXPEDITED CLEARANCE AND PLACEMENT OF DE-
PARTMENT OF HOMELAND SECURITY PER-
SONNEL AT OVERSEAS EMBASSIES AND CON-
SULAR POSTS. 
Section 428 of the Homeland Security Act of 2002 
(6 U.S.C. 236) is amended by adding at the end the fol-
lowing: 
‘‘(j) EXPEDITED CLEARANCE AND PLACEMENT OF 
DEPARTMENT OF HOMELAND SECURITY PERSONNEL AT 
OVERSEAS EMBASSIES AND CONSULAR POSTS.—Notwith-
standing 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 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
127 
Mission of a post to which the Secretary of Homeland Se-
curity 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 per-
sonnel have been stationed and accommodated at post and 
are able to carry out their duties.’’. 
SEC. 409. ACCREDITATION REQUIREMENTS. 
(a) COLLEGES, UNIVERSITIES, 
AND
LANGUAGE 
TRAINING PROGRAMS.—Section 101(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)) is amended— 
(1) in paragraph (15)(F)(i)— 
(A) by striking ‘‘section 214(l) at an estab-
lished college, university, seminary, conserv-
atory, academic high school, elementary school, 
or other academic institution or in an accred-
ited language training program in the United 
States’’ and inserting ‘‘section 214(m) at an ac-
credited college, university, or language training 
program, or at an established seminary, con-
servatory, academic high school, elementary 
school, or other academic institution in the 
United States’’; 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
128 
(B) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(C) by striking ‘‘and if any such institution 
of learning or place of study fails to make re-
ports promptly the approval shall be with-
drawn,’’ and inserting ‘‘and if any such institu-
tion of learning of place of study fails to make 
reports promptly or fails to comply with any ac-
creditation requirement (including deadlines for 
submitting accreditation applications or obtain-
ing accreditation) the approval shall be with-
drawn,’’; and 
(2) by amending paragraph (52) to read as fol-
lows: 
‘‘(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 recog-
nized 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 re-
quire accreditation of an academic institution (except for 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
129 
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 recog-
nized by the Secretary of Education is able to pro-
vide such accreditation. 
‘‘(4) The Secretary of Homeland Security, in the Sec-
retary’s discretion, may waive the accreditation require-
ment 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 re-
quirements 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 ac-
creditation by an accrediting agency recognized by 
the Secretary of Education.’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (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 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
130 
(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 re-
quired to be accredited under this section may con-
tinue 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 accredita-
tion to an accrediting agency recognized by the 
Secretary of Education during the 6-month pe-
riod ending on such date; and 
(C) continues to progress toward accredita-
tion by such accrediting agency. 
SEC. 410. VISA FRAUD. 
(a) TEMPORARY SUSPENSION OF SEVIS ACCESS.— 
Section 641(d) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is 
amended— 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
131 
(1) in paragraph (1)(A), by striking ‘‘institu-
tion,,’’ 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 des-
ignated school official at, an approved institution of 
higher education, an other approved educational in-
stitution, 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 cer-
tification 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 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
132 
other approved educational institution, or a des-
ignated exchange visitor program who is convicted 
for fraud relating to any aspect of the Student and 
Exchange Visitor Program shall be permanently dis-
qualified from filing future petitions and from hav-
ing an ownership interest or a management role, in-
cluding 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 subpara-
graph (F) or (M) of section 101(a)(15) the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)).’’. 
SEC. 411. BACKGROUND CHECKS. 
(a) IN GENERAL.—Section 641(d) of the Illegal Im-
migration 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 grant-
ed access to SEVIS unless the individual is a 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
133 
national of the United States or an alien law-
fully admitted for permanent residence and dur-
ing the most recent 3-year period— 
‘‘(i) the Secretary of Homeland Secu-
rity has— 
‘‘(I) conducted a thorough back-
ground check on the individual, in-
cluding a review of the individual’s 
criminal and sex offender history and 
the verification of the individual’s im-
migration status; and 
‘‘(II) determined that the indi-
vidual has not been convicted of any 
violation of United States immigration 
law and is not a risk to national secu-
rity of the United States; and 
‘‘(ii) the individual has successfully 
completed an on-line training course on 
SEVP and SEVIS, which has been devel-
oped by the Secretary. 
‘‘(B) INTERIM DESIGNATED SCHOOL OFFI-
CIAL.— 
‘‘(i) IN GENERAL.—An individual may 
serve as an interim designated school offi-
cial during the period that the Secretary is 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
134 
conducting the background check required 
by subparagraph (A)(i)(I). 
‘‘(ii) REVIEWS BY THE SECRETARY.— 
If an individual serving as an interim des-
ignated 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 col-
lect a fee from an approved school for each back-
ground check conducted under paragraph (6)(A)(i). 
The amount of such fee shall be equal to the average 
amount expended by the Secretary to conduct 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. 412. NUMBER OF DESIGNATED SCHOOL OFFICIALS. 
Section 641(d) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), 
as amended by section 412(a) of this Act, is further 
amended by adding at the end the following: 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
135 
‘‘(7) NUMBER OF DESIGNATED SCHOOL OFFI-
CIALS.—School officials may nominate as many Des-
ignated School Officials (DSOs) in addition to the 
school’s 
Principal 
Designated 
School 
Official 
(PDSO) as they determine necessary to adequately 
provide recommendations to students enrolled at the 
school regarding maintenance of nonimmigrant sta-
tus under subparagraph (F) or (M) of section 
101(a)(15) and to support timely and complete rec-
ordkeeping and reporting to the Secretary of Home-
land Security, as required by this section, except 
that a school may not have less than one DSO per 
every 200 students who have nonimmigrant status 
pursuant to subparagraph (F), (J), or (M) of such 
section. School officials shall not permit a DSO or 
PDSO nominee access to SEVIS until the Secretary 
approves the nomination.’’. 
SEC. 413. REPORTING REQUIREMENT. 
Section 442(a) of the Homeland Security Act of 2002 
(6 U.S.C. 252(a)) is amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing: 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
136 
‘‘(5) STUDENT AND EXCHANGE VISITOR PRO-
GRAM.—In administering the program under para-
graph (4), the Secretary shall, not later than one 
year after the date of the enactment of this para-
graph, prescribe regulations to require an institution 
or exchange visitor program sponsor participating in 
the Student Exchange Visitor Program to ensure 
that each student or exchange visitor who has non-
immigrant status pursuant to subparagraph (F), 
(J), or (M) of section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)) enrolled 
at the institution or attending the exchange visitor 
program is reported to the Department within 10 
days of— 
‘‘(A) transferring to another institution or 
program; 
‘‘(B) changing academic majors; or 
‘‘(C) any other changes to information re-
quired to be maintained in the system described 
in paragraph (4).’’. 
SEC. 414. 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 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
137 
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 cer-
tified to the satisfaction of the Secretary and by the Fed-
eral 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 pe-
riod 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 Ex-
change Visitor Program on the date of the enact-
ment 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. 415. REVOCATION OF ACCREDITATION. 
At the time an accrediting agency or association is 
required to notify the Secretary of Education and the ap-
propriate State licensing or authorizing agency of the final 
denial, withdrawal, suspension, or termination of accredi-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
138 
tation 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 Sec-
retary of Homeland Security shall immediately withdraw 
the school from the SEVP and prohibit the school from 
accessing SEVIS. 
SEC. 416. REPORT ON RISK ASSESSMENT. 
Not later than 180 days after the date of the enact-
ment 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 Rep-
resentatives 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. 417. IMPLEMENTATION OF GAO RECOMMENDATIONS. 
Not later than 180 days after the date of the enact-
ment 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 Rep-
resentatives a report that describes— 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
139 
(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 en-
suring 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 re-
moved from the program and have been restricted 
from accessing SEVIS; 
(7) the standard operating procedures that gov-
ern coordination among SEVP, Counterterrorism 
and Criminal Exploitation Unit, and U.S. Immigra-
tion 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. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
140 
SEC. 418. IMPLEMENTATION OF SEVIS II. 
Not later than 2 years after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
complete the deployment of both phases of the 2nd genera-
tion Student and Exchange Visitor Information System 
(commonly known as ‘‘SEVIS II’’). 
SEC. 419. 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 Stu-
dent and Exchange Visitor Program of the Depart-
ment of Homeland Security. 
TITLE V—AID TO U.S. IMMIGRA-
TION 
AND 
CUSTOMS 
EN-
FORCEMENT OFFICERS 
SEC. 501. ICE IMMIGRATION ENFORCEMENT AGENTS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall authorize all immigration enforcement agents 
and deportation officers of the Department of Homeland 
Security who have successfully completed basic immigra-
tion law enforcement training to exercise the powers con-
ferred by— 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
141 
(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 war-
rants of arrest for administrative immigration viola-
tions issued under section 236 of the Act or to exe-
cute warrants of criminal arrest issued under the 
authority of the United States; and 
(5) section 287(a) of such Act to carry fire-
arms, 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 gov-
erning the use of force. 
(b) ARREST POWERS.—Section 287(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1357(a)(2)) is 
amended by striking ‘‘regulation and is likely to escape 
before a warrant can be obtained for his arrest,’’ and in-
serting ‘‘regulation,’’. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
142 
(c) PAY.—Immigration enforcement agents shall be 
paid on the same scale as Immigration and Customs En-
forcement 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 Cus-
toms Enforcement detention enforcement officers. 
(b) DUTIES.—Immigration and Customs Enforce-
ment detention enforcement officers who have successfully 
completed detention enforcement officers’ basic training 
shall be responsible for— 
(1) taking and maintaining custody of any per-
son who has been arrested by an immigration offi-
cer; 
(2) transporting and guarding immigration de-
tainees; 
(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 Se-
curity shall ensure that every Immigration and Customs 
Enforcement deportation officer and immigration enforce-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
143 
ment 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 Im-
migration and Customs Enforcement deportation officers 
and immigration enforcement agents are equipped with 
weapons that are reliable and effective to protect them-
selves, 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. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
144 
(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. 
(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 reim-
bursement 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 ad-
vise the Congress and the Secretary of Homeland Security 
on issues including the following: 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
145 
(1) The current status of immigration enforce-
ment efforts, including prosecutions and removals, 
the effectiveness of such efforts, and how enforce-
ment could be improved. 
(2) The effectiveness of cooperative efforts be-
tween 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. 
(5) The effectiveness of specific enforcement 
policies and regulations promulgated by the Sec-
retary of Homeland Security, and whether other en-
forcement priorities should be considered. 
(h) REPORTS.—The Council shall provide quarterly 
reports to the Chairmen and Ranking Members of the Ju-
diciary Committees of the Senate and the House of Rep-
resentatives and to the Secretary of Homeland Security. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
146 
The Council members shall meet directly with the Chair-
men and Ranking Members (or their designated represent-
atives) and with the Secretary to discuss their reports 
every 6 months. 
SEC. 505. PILOT PROGRAM FOR ELECTRONIC FIELD PROC-
ESSING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a pilot program in at least five of the 
ten Immigration and Customs Enforcement field offices 
with the largest removal caseloads to allow Immigration 
and Customs deportation officers and immigration en-
forcement 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 sub-
section (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; 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
147 
(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 im-
proving it. 
(f) ADVISORY COUNCIL.—The ICE Advisory Council 
established by section 504 shall include recommendations 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
148 
on how the pilot program should work in the first quar-
terly 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 Secu-
rity 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. The Secretary will determine the rate at which 
the additional officers will be added with due regard to 
filling the positions as expeditiously as possible without 
making any compromises in the selection or the training 
of the additional officers. 
(b) SUPPORT STAFF.—The Secretary shall, subject 
to the availability of appropriations for such purpose, in-
crease 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. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
149 
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. TIMELY REPATRIATION. 
(a) LISTING OF COUNTRIES.—Beginning on the date 
that is 6 months after the date of enactment of this Act, 
and every 6 months thereafter, the Secretary of Homeland 
Security shall publish a report including the following: 
(1) A list of the following: 
(A) Countries that have refused or unrea-
sonably delayed repatriation of an alien who is 
a national of that country since the date of en-
actment of this Act and the total number of 
such aliens, disaggregated by nationality. 
(B) Countries that have an excessive repa-
triation failure rate. 
(2) A list of each country that was included 
under subparagraph (B) or (C) of paragraph (1) in 
both the report preceding the current report and the 
current report. 
(b) SANCTIONS.—Beginning on the date that a coun-
try is included in a list under subsection (a)(2) and ending 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
150 
on the date that that country is not included in such list, 
that country shall be subject to the following: 
(1) The Secretary of State may not issue visas 
under section 101(a)(15)(A)(iii) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) 
to attendants, servants, personal employees, and 
members of their immediate families, of the officials 
and employees of that country who receive non-
immigrant status under clause (i) or (ii) of section 
101(a)(15)(A) of such Act. 
(2) Each 6 months thereafter that the country 
is included in that list, the Secretary of State shall 
reduce the number of visas available under clause (i) 
or (ii) of section 101(a)(15)(A) of the Immigration 
and Nationality Act in a fiscal year to nationals of 
that country by an amount equal to 10 percent of 
the baseline visa number for that country. Except as 
provided under section 243(d) of the Immigration 
and Nationality Act (8 U.S.C. 1253), the Secretary 
may not reduce the number to a level below 20 per-
cent of the baseline visa number. 
(c) WAIVERS.— 
(1) NATIONAL SECURITY WAIVER.—If the Sec-
retary of State submits to Congress a written deter-
mination that significant national security interests 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
151 
of the United States require a waiver of the sanc-
tions under subsection (b), the Secretary may waive 
any reduction below 80 percent of the baseline visa 
number. The Secretary of Homeland Security may 
not delegate the authority under this subsection. 
(2) TEMPORARY EXIGENT CIRCUMSTANCES.—If 
the Secretary of State submits to Congress a written 
determination that temporary exigent circumstances 
require a waiver of the sanctions under subsection 
(b), the Secretary may waive any reduction below 80 
percent of the baseline visa number during 6-month 
renewable periods. The Secretary of Homeland Secu-
rity may not delegate the authority under this sub-
section. 
(d) EXEMPTION.—The Secretary of Homeland Secu-
rity, in consultation with the Secretary of State, may ex-
empt a country from inclusion in a list under subsection 
(a)(2) if the total number of nonrepatriations outstanding 
is less than 10 for the preceding 3-year period. 
(e) UNAUTHORIZED
VISA
ISSUANCE.—Any visa 
issued in violation of this section shall be void. 
(f) NOTICE.—If an alien who has been convicted of 
a criminal offense before a Federal or State court whose 
repatriation was refused or unreasonably delayed is to be 
released from detention by the Secretary of Homeland Se-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
152 
curity, the Secretary shall provide notice to the State and 
local law enforcement agency for the jurisdictions in which 
the alien is required to report or is to be released. When 
possible, and particularly in the case of violent crime, the 
Secretary shall make a reasonable effort to provide notice 
of such release to any crime victims and their immediate 
family members. 
(g) DEFINITIONS.—For purposes of this section: 
(1) REFUSED OR UNREASONABLY DELAYED.— 
A country is deemed to have refused or unreasonably 
delayed the acceptance of an alien who is a citizen, 
subject, national, or resident of that country if, not 
later than 90 days after receiving a request to repa-
triate such alien from an official of the United 
States who is authorized to make such a request, the 
country does not accept the alien or issue valid trav-
el documents. 
(2) FAILURE RATE.—The term ‘‘failure rate’’ 
for a period means the percentage determined by di-
viding the total number of repatriation requests for 
aliens who are citizens, subjects, nationals, or resi-
dents of a country that that country refused or un-
reasonably delayed during that period by the total 
number of such requests during that period. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
153 
(3) 
EXCESSIVE
REPATRIATION
FAILURE 
RATE.—The term ‘‘excessive repatriation failure 
rate’’ means, with respect to a report under sub-
section (a), a failure rate greater than 10 percent 
for any of the following: 
(A) The period of the 3 full fiscal years 
preceding the date of publication of the report. 
(B) The period of 1 year preceding the 
date of publication of the report. 
(4) NUMBER
OF
NON-REPATRIATIONS
OUT-
STANDING.—The term ‘‘number of non-repatriations 
outstanding’’ means, for a period, the number of 
unique aliens whose repatriation a country has re-
fused or unreasonably delayed and whose repatri-
ation has not occurred during that period. 
(5) BASELINE VISA NUMBER.—The term ‘‘base-
line visa number’’ means, with respect to a country, 
the average number of visas issued each fiscal year 
to nationals of that country under clauses (i) and 
(ii) of section 101(a)(15)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(A)) for the 3 
full fiscal years immediately preceding the first re-
port under subsection (a) in which that country is 
included in the list under subsection (a)(2). 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
154 
(h) GAO REPORT.—On the date that is 1 day after 
the date that the President submits a budget under sec-
tion 1105(a) of title 31, United States Code, for fiscal year 
2016, the Comptroller General of the United States shall 
submit a report to Congress regarding the progress of the 
Secretary of Homeland Security and the Secretary of 
State in implementation of this section and in making re-
quests to repatriate aliens as appropriate. 
SEC. 602. ENCOURAGING ALIENS TO DEPART VOLUN-
TARILY. 
(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 Se-
curity 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); 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
155 
(D) by adding after paragraph (1) the fol-
lowing: 
‘‘(2) BEFORE THE CONCLUSION OF REMOVAL 
PROCEEDINGS.—If an alien is not described in para-
graph (2)(A)(iii) or (4) of section 237(a), the Attor-
ney General may permit the alien to voluntarily de-
part the United States at the alien’s own expense 
under this subsection after the initiation of removal 
proceedings under section 240 and before the con-
clusion 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 de-
part 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.’’; 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
156 
(ii) by redesignating subparagraphs 
(B), (C), and (D) as subparagraphs (C), 
(D), and (E), respectively; 
(iii) by adding after subparagraph (A) 
the following: 
‘‘(B) BEFORE
THE
CONCLUSION
OF
RE-
MOVAL
PROCEEDINGS.—Permission to volun-
tarily 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 vol-
untarily depart under paragraph (2) shall post 
a voluntary departure bond, in an amount nec-
essary to ensure that the alien will depart, to be 
surrendered upon proof that the alien has de-
parted the United States within the time speci-
fied. An immigration judge may waive the re-
quirement 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.’’; 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
157 
(iv) in subparagraph (C), as redesig-
nated, by striking ‘‘subparagraphs (C) and 
(D)(ii)’’ and inserting ‘‘subparagraphs (D) 
and (E)(ii)’’; 
(v) in subparagraph (D), as redesig-
nated, by striking ‘‘subparagraph (B)’’ 
each place that term appears and inserting 
‘‘subparagraph (C)’’; and 
(vi) in subparagraph (E), as redesig-
nated, by striking ‘‘subparagraph (B)’’ 
each place that term appears and inserting 
‘‘subparagraph (C)’’; and 
(F) in paragraph (4), by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraphs (1) and 
(2)’’; 
(2) in subsection (b)(2), by striking ‘‘a period 
exceeding 60 days’’ and inserting ‘‘any period in ex-
cess of 45 days’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(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 in-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
158 
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-
untarily 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 vol-
untary departure granted during removal pro-
ceedings 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
AGREE-
MENT.— 
‘‘(A) IN GENERAL.—If an alien agrees to 
voluntary departure under this section and fails 
to depart the United States within the time al-
lowed for voluntary departure or fails to comply 
with any other terms of the agreement (includ-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
159 
ing 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
AP-
PEAL.—If, after agreeing to voluntary depar-
ture, the alien files a timely appeal of the immi-
gration judge’s decision granting voluntary de-
parture, the alien may pursue the appeal in-
stead of the voluntary departure agreement. 
Such appeal operates to void the alien’s vol-
untary departure agreement and the con-
sequences 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 AF-
FECTED.—Except as expressly agreed to by the Sec-
retary in writing in the exercise of the Secretary’s 
discretion before the expiration of the period allowed 
for voluntary departure, no motion, appeal, applica-
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
160 
tion, petition, or petition for review shall affect, rein-
state, 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 fol-
lows: 
‘‘(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 vol-
untary departure shall specify this amount, 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. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
161 
‘‘(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 volun-
tarily 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 de-
parture, 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 mo-
tion— 
‘‘(A) presents material evidence of changed 
country conditions arising after the date of the 
order granting voluntary departure in the coun-
try to which the alien would be removed; and 
‘‘(B) makes a sufficient showing to the sat-
isfaction of the Attorney General that the alien 
is otherwise eligible for such protection.’’; 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS
162 
(5) by amending subsection (e) to read as fol-
lows: 
‘‘(e) ELIGIBILITY.— 
‘‘(1) PRIOR
GRANT
OF
VOLUNTARY
DEPAR-
TURE.—An alien shall not be permitted to volun-
tarily depart under this section if the Secretary of 
Homeland Security or the Attorney General pre-
viously permitted the alien to depart voluntarily. 
‘‘(2) RULEMAKING.—The Secretary may pro-
mulgate regulations to limit eligibility or impose ad-
ditional conditions for voluntary departure under 
subsection (a)(1) for any class of aliens. The Sec-
retary or Attorney General may by regulation limit 
eligibility or impose additional conditions for vol-
untary 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 provi-
sion, and any other provision of law (statutory or 
nonstatutory), no court shall have jurisdiction to af-
fect, reinstate, enjoin, delay, stay, or toll the period 
allowed for voluntary departure under this section.’’. 
VerDate Sep 11 2014 
03:27 Feb 28, 2015
Jkt 049200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H1148.IH
H1148
emcdonald on DSK67QTVN1PROD with BILLS