IB 
Union Calendar No. 509 
113TH CONGRESS 
2D SESSION 
H. R. 2278 
[Report No. 113–678, Part I] 
To amend the Immigration and Nationality Act to improve immigration 
law enforcement within the interior of the United States, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 6, 2013 
Mr. GOWDY (for himself, Mr. GOODLATTE, Mr. SMITH of Texas, Mr. FORBES, 
Mrs. BLACKBURN, Mr. BISHOP of Utah, Mr. COBLE, Mr. POE of Texas, 
Mr. WESTMORELAND, Mr. CHAFFETZ, Mr. SENSENBRENNER, Mrs. 
BACHMANN, Mr. COLLINS of Georgia, Mr. WOODALL, Mr. MULVANEY, 
Mr. FRANKS of Arizona, Mr. PEARCE, Mr. DESANTIS, Mr. CHABOT, and 
Mr. LABRADOR) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Home-
land Security, Agriculture, and Natural Resources, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
DECEMBER 16, 2014 
Additional sponsors: Mr. ISSA, Mr. HOLDING, Mr. MARINO, Mr. SESSIONS, 
Mr. POMPEO, Mr. CALVERT, Mr. WEBER of Texas, Mr. MCKINLEY, Mr. 
STUTZMAN, Mr. BARTON, Mr. PITTENGER, Mr. CRAMER, Mrs. LUMMIS, 
Mr. LAMALFA, Mr. PERRY, Mr. STEWART, Mr. BROOKS of Alabama, Mr. 
AUSTIN SCOTT of Georgia, Mr. MARCHANT, and Mr. GOSAR 
DECEMBER 16, 2014 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 16, 2014 
The Committees on Homeland Security, Agriculture, and Natural Resources 
discharged; committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on June 6, 2013] 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
A BILL 
To amend the Immigration and Nationality Act to improve 
immigration law enforcement within the interior of the 
United States, and for other purposes. 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthen and Fortify 
Enforcement Act’’ or the ‘‘SAFE Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—IMMIGRATION LAW ENFORCEMENT BY STATES AND 
LOCALITIES 
Sec. 101. Definitions and severability. 
Sec. 102. Immigration law enforcement by States and localities. 
Sec. 103. Listing of immigration violators in the national crime information cen-
ter database. 
Sec. 104. Technology access. 
Sec. 105. State and local law enforcement provision of information about appre-
hended aliens. 
Sec. 106. Financial assistance to State and local police agencies that assist in the 
enforcement of immigration laws. 
Sec. 107. Increased Federal detention space. 
Sec. 108. Federal custody of inadmissible and deportable aliens in the United 
States apprehended by State or local law enforcement. 
Sec. 109. Training of State and local law enforcement personnel relating to the 
enforcement of immigration laws. 
Sec. 110. Immunity. 
Sec. 111. Criminal alien identification program. 
Sec. 112. Clarification of congressional intent. 
Sec. 113. State criminal alien assistance program (SCAAP). 
Sec. 114. State violations of enforcement of immigration laws. 
Sec. 115. Clarifying the authority of ICE detainers. 
TITLE II—NATIONAL SECURITY 
Sec. 201. Removal of, and denial of benefits to, terrorist aliens. 
Sec. 202. Terrorist bar to good moral character. 
Sec. 203. Terrorist bar to naturalization. 
Sec. 204. Denaturalization for terrorists. 
Sec. 205. Use of 1986 IRCA legalization information for national security pur-
poses. 
Sec. 206. Background and security checks. 
Sec. 207. Technical amendments relating to the Intelligence Reform and Ter-
rorism Prevention Act of 2004. 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6213
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
TITLE III—REMOVAL OF CRIMINAL ALIENS 
Sec. 301. Definition of aggravated felony. 
Sec. 302. Precluding admissibility of aliens convicted of aggravated felonies or 
other serious offenses. 
Sec. 303. Espionage clarification. 
Sec. 304. Prohibition of the sale of firearms to, or the possession of firearms by, 
certain aliens. 
Sec. 305. Uniform statute of limitations for certain immigration, naturalization, 
and peonage offenses. 
Sec. 306. Conforming amendment to the definition of racketeering activity. 
Sec. 307. Conforming amendments for the aggravated felony definition. 
Sec. 308. Precluding refugee or asylee adjustment of status for aggravated felons. 
Sec. 309. Inadmissibility, deportability, an detention of drunk drivers. 
Sec. 310. Detention of dangerous aliens. 
Sec. 311. Grounds of inadmissibility and deportability for alien gang members. 
Sec. 312. Extension of identity theft offenses. 
Sec. 313. Laundering of monetary instruments. 
Sec. 314. Increased criminal penalties relating to alien smuggling and related of-
fenses. 
Sec. 315. Penalties for illegal entry or presence. 
Sec. 316. Illegal reentry. 
Sec. 317. Reform of passport, visa, and immigration fraud offenses. 
Sec. 318. Forfeiture. 
Sec. 319. Expedited removal for aliens inadmissible on criminal or security 
grounds. 
Sec. 320. Increased penalties barring the admission of convicted sex offenders fail-
ing to register and requiring deportation of sex offenders failing 
to register. 
Sec. 321. Protecting immigrants from convicted sex offenders. 
Sec. 322. Clarification to crimes of violence and crimes involving moral turpi-
tude. 
Sec. 323. Penalties for failure to obey removal orders. 
Sec. 324. Pardons. 
TITLE IV—VISA SECURITY 
Sec. 401. Cancellation of additional visas. 
Sec. 402. Visa information sharing. 
Sec. 403. Restricting waiver of visa interviews. 
Sec. 404. Authorizing the Department of State to not interview certain ineligible 
visa applicants. 
Sec. 405. Visa refusal and revocation. 
Sec. 406. Funding for the visa security program. 
Sec. 407. Expeditious expansion of visa security program to high-risk posts. 
Sec. 408. Expedited clearance and placement of Department of Homeland Secu-
rity personnel at overseas embassies and consular posts. 
Sec. 409. Accreditation requirements. 
Sec. 410. Visa fraud. 
Sec. 411. Background checks. 
Sec. 412. Number of designated school officials. 
Sec. 413. Reporting requirement. 
Sec. 414. Flight schools not certified by FAA. 
Sec. 415. Revocation of accreditation. 
Sec. 416. Report on risk assessment. 
Sec. 417. Implementation of GAO recommendations. 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6213
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
Sec. 418. Implementation of SEVIS II. 
Sec. 419. Definitions. 
TITLE V—AID TO U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
OFFICERS 
Sec. 501. ICE immigration enforcement agents. 
Sec. 502. ICE detention enforcement officers. 
Sec. 503. Ensuring the safety of ICE officers and agents. 
Sec. 504. ICE Advisory Council. 
Sec. 505. Pilot program for electronic field processing. 
Sec. 506. Additional ICE deportation officers and support staff. 
Sec. 507. Additional ICE prosecutors. 
TITLE VI—MISCELLANEOUS ENFORCEMENT PROVISIONS 
Sec. 601. Encouraging aliens to depart voluntarily. 
Sec. 602. Deterring aliens ordered removed from remaining in the United States 
unlawfully. 
Sec. 603. Reinstatement of removal orders. 
Sec. 604. Clarification with respect to definition of admission. 
Sec. 605. Reports to Congress on the exercise and abuse of prosecutorial discre-
tion. 
Sec. 606. Waiver of Federal laws with respect to border security actions on De-
partment of the Interior and Department of Agriculture lands. 
Sec. 607. Biometric entry and exit data system. 
Sec. 608. Certain activities restricted. 
Sec. 609. Border Patrol mobile and rapid response teams. 
Sec. 610. GAO study on deaths in custody. 
TITLE I—IMMIGRATION LAW EN-
FORCEMENT BY STATES AND 
LOCALITIES 
SEC. 101. DEFINITIONS AND SEVERABILITY. 
(a) STATE DEFINED.—For the purposes of this title, 
the term ‘‘State’’ has the meaning given to such term in 
section 101(a)(36) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(36)). 
(b) SECRETARY DEFINED.—For the purpose of this 
title, the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
(c) SEVERABILITY.—If any provision of this title, or 
the application of such provision to any person or cir-
cumstance, is held invalid, the remainder of this title, and 
the application of such provision to other persons not simi-
larly situated or to other circumstances, shall not be affected 
by such invalidation. 
SEC. 102. IMMIGRATION LAW ENFORCEMENT BY STATES 
AND LOCALITIES. 
(a) IN GENERAL.—Subject to section 274A(h)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)), 
States, or political subdivisions of States, may enact, imple-
ment and enforce criminal penalties that penalize the same 
conduct that is prohibited in the criminal provisions of im-
migration laws (as defined in section 101(a)(17) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(17))), as 
long as the criminal penalties do not exceed the relevant 
Federal criminal penalties (without regard to ancillary 
issues such as the availability of probation or pardon). 
States, or political subdivisions of States, may enact, imple-
ment and enforce civil penalties that penalize the same con-
duct that is prohibited in the civil provisions of immigra-
tion laws (as defined in such section 101(a)(17)), as long 
as the civil penalties do not exceed the relevant Federal civil 
penalties. 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
(b) LAW ENFORCEMENT PERSONNEL.—Law enforce-
ment personnel of a State, or of a political subdivision of 
a State, may investigate, identify, apprehend, arrest, de-
tain, or transfer to Federal custody aliens for the purposes 
of enforcing the immigration laws of the United States to 
the same extent as Federal law enforcement personnel. Law 
enforcement personnel of a State, or of a political subdivi-
sion of a State, may also investigate, identify, apprehend, 
arrest, or detain aliens for the purposes of enforcing the im-
migration laws of a State or of a political subdivision of 
State, as long as those immigration laws are permissible 
under this section. Law enforcement personnel of a State, 
or of a political subdivision of a State, may not remove 
aliens from the United States. 
SEC. 103. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER DATA-
BASE. 
(a) PROVISION OF INFORMATION TO THE NCIC.—Not 
later than 180 days after the date of the enactment of this 
Act and periodically thereafter as updates may require, the 
Secretary shall provide the National Crime Information 
Center of the Department of Justice with all information 
that the Secretary may possess regarding any alien against 
whom a final order of removal has been issued, any alien 
who has entered into a voluntary departure agreement, any 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
alien who has overstayed their authorized period of stay, 
and any alien whose visa has been revoked. The National 
Crime Information Center shall enter such information into 
the Immigration Violators File of the National Crime Infor-
mation Center database, regardless of whether— 
(1) the alien received notice of a final order of 
removal; 
(2) the alien has already been removed; or 
(3) sufficient identifying information is avail-
able with respect to the alien. 
(b) INCLUSION OF INFORMATION IN THE NCIC DATA-
BASE.— 
(1) IN
GENERAL.—Section 534(a) of title 28, 
United States Code, is amended— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (4) as 
paragraph (5); and 
(C) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) acquire, collect, classify, and preserve 
records of violations by aliens of the immigration 
laws of the United States, regardless of whether any 
such alien has received notice of the violation or 
whether sufficient identifying information is available 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
with respect to any such alien or whether any such 
alien has already been removed from the United 
States; and’’. 
(2) EFFECTIVE
DATE.—The Attorney General 
and the Secretary shall ensure that the amendment 
made by paragraph (1) is implemented by not later 
than 6 months after the date of the enactment of this 
Act. 
SEC. 104. TECHNOLOGY ACCESS. 
States shall have access to Federal programs or tech-
nology directed broadly at identifying inadmissible or de-
portable aliens. 
SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVI-
SION 
OF 
INFORMATION 
ABOUT 
APPRE-
HENDED ALIENS. 
(a) PROVISION OF INFORMATION.—In compliance with 
section 642(a) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1373) and 
section 434 of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1644), each 
State, and each political subdivision of a State, shall pro-
vide the Secretary of Homeland Security in a timely man-
ner with the information specified in subsection (b) with 
respect to each alien apprehended in the jurisdiction of the 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
State, or in the political subdivision of the State, who is 
believed to be inadmissible or deportable. 
(b) INFORMATION REQUIRED.—The information re-
ferred to in subsection (a) is as follows: 
(1) The alien’s name. 
(2) The alien’s address or place of residence. 
(3) A physical description of the alien. 
(4) The date, time, and location of the encounter 
with the alien and reason for stopping, detaining, ap-
prehending, or arresting the alien. 
(5) If applicable, the alien’s driver’s license num-
ber and the State of issuance of such license. 
(6) If applicable, the type of any other identi-
fication document issued to the alien, any designation 
number contained on the identification document, 
and the issuing entity for the identification document. 
(7) If applicable, the license plate number, make, 
and model of any automobile registered to, or driven 
by, the alien. 
(8) A photo of the alien, if available or readily 
obtainable. 
(9) The alien’s fingerprints, if available or read-
ily obtainable. 
(c) ANNUAL REPORT ON REPORTING.—The Secretary 
shall maintain and annually submit to the Congress a de-
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
tailed report listing the States, or the political subdivisions 
of States, that have provided information under subsection 
(a) in the preceding year. 
(d) REIMBURSEMENT.—The Secretary shall reimburse 
States, and political subdivisions of a State, for all reason-
able costs, as determined by the Secretary, incurred by the 
State, or the political subdivision of a State, as a result 
of providing information under subsection (a). 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
(f) CONSTRUCTION.—Nothing in this section shall re-
quire law enforcement officials of a State, or of a political 
subdivision of a State, to provide the Secretary with infor-
mation related to a victim of a crime or witness to a crimi-
nal offense. 
(g) EFFECTIVE DATE.—This section shall take effect 
on the date that is 120 days after the date of the enactment 
of this Act and shall apply with respect to aliens appre-
hended on or after such date. 
SEC. 106. 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 CERTAIN ALIENS.—From amounts made 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
available to make grants under this section, the Secretary 
shall make grants to States, and to political subdivisions 
of States, for procurement of equipment, technology, facili-
ties, and other products that facilitate and are directly re-
lated to investigating, apprehending, arresting, detaining, 
or transporting aliens who are inadmissible or deportable, 
including additional administrative costs incurred under 
this title. 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a State, or a political subdivision of a 
State, must have the authority to, and shall have a written 
policy and a practice to, assist in the enforcement of the 
immigration laws of the United States in the course of car-
rying out the routine law enforcement duties of such State 
or political subdivision of a State. Entities covered under 
this section may not have any policy or practice that pre-
vents local law enforcement from inquiring about a sus-
pect’s immigration status. 
(c) FUNDING.—There is authorized to be appropriated 
for grants under this section such sums as may be necessary 
for fiscal year 2014 and each subsequent fiscal year. 
(d) GAO AUDIT.—Not later than 3 years after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall conduct an audit of funds distributed 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
to States, and to political subdivisions of a State, under 
subsection (a). 
SEC. 107. INCREASED FEDERAL DETENTION SPACE. 
(a) CONSTRUCTION OR ACQUISITION OF DETENTION 
FACILITIES.— 
(1) IN GENERAL.—The Secretary shall construct 
or acquire, in addition to existing facilities for the de-
tention of aliens, detention facilities in the United 
States, for aliens detained pending removal from the 
United States or a decision regarding such removal. 
Each facility shall have a number of beds necessary 
to effectuate the purposes of this title. 
(2) DETERMINATIONS.—The location of any de-
tention facility built or acquired in accordance with 
this subsection shall be determined by the Secretary. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
(c) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 241(g)(1) of the Immigration and Nationality Act (8 
U.S.C. 1231(g)(1)) is amended by striking ‘‘may expend’’ 
and inserting ‘‘shall expend’’. 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
(2) by redesignating paragraph (2) as para-
graph (5) and paragraphs (3) through (10) as para-
graphs (7) through (14), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) An agreement under this subsection shall accom-
modate a requesting State or political subdivision with re-
spect to the enforcement model or combination of models, 
and shall accommodate a patrol model, task force model, 
jail model, any combination thereof, or any other reasonable 
model the State or political subdivision believes is best suit-
ed to the immigration enforcement needs of its jurisdiction. 
‘‘(3) No Federal program or technology directed broad-
ly at identifying inadmissible or deportable aliens shall 
substitute for such agreements, including those establishing 
a jail model, and shall operate in addition to any agree-
ment under this subsection. 
‘‘(4)(A) No agreement under this subsection shall be 
terminated absent a compelling reason. 
‘‘(B)(i) The Secretary shall provide a State or political 
subdivision written notice of intent to terminate at least 
180 days prior to date of intended termination, and the 
notice shall fully explain the grounds for termination, along 
with providing evidence substantiating the Secretary’s alle-
gations. 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS