that was issued before, on, or after the date of 
the enactment of this Act; and 
(B) acts and conditions occurring or exist-
ing before, on, or after such date. 
(2) The amendments made by subsection (b) 
shall take effect upon the date of the enactment of 
this Act, and section 236 of the Immigration and 
Nationality Act, as so amended, shall in addition 
apply to any alien in detention under provisions of 
such section on or after such date. 
SEC. 311. GROUNDS OF INADMISSIBILITY AND DEPORT-
ABILITY FOR ALIEN GANG MEMBERS. 
(a) DEFINITION OF GANG MEMBER.—Section 101(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following: 
‘‘(53)(A) The term ‘criminal gang’ means an ongoing 
group, club, organization, or association of 5 or more per-
sons that has as one of its primary purposes the commis-
sion of 1 or more of the following criminal offenses and 
the members of which engage, or have engaged within the 
past 5 years, in a continuing series of such offenses, or 
that has been designated as a criminal gang by the Sec-
retary of Homeland Security, in consultation with the At-
torney General, as meeting these criteria. The offenses de-
scribed, whether in violation of Federal or State law or 
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foreign law and regardless of whether the offenses oc-
curred before, on, or after the date of the enactment of 
this paragraph, are the following: 
‘‘(i) A ‘felony drug offense’ (as defined in sec-
tion 102 of the Controlled Substances Act (21 
U.S.C. 802)). 
‘‘(ii) An offense under section 274 (relating to 
bringing in and harboring certain aliens), section 
277 (relating to aiding or assisting certain aliens to 
enter the United States), or section 278 (relating to 
importation of alien for immoral purpose). 
‘‘(iii) A crime of violence (as defined in section 
16 of title 18, United States Code). 
‘‘(iv) A crime involving obstruction of justice, 
tampering with or retaliating against a witness, vic-
tim, or informant, or burglary. 
‘‘(v) Any conduct punishable under sections 
1028 and 1029 of title 18, United States Code (re-
lating to fraud and related activity in connection 
with identification documents or access devices), sec-
tions 1581 through 1594 of such title (relating to 
peonage, slavery and trafficking in persons), section 
1952 of such title (relating to interstate and foreign 
travel or transportation in aid of racketeering enter-
prises), section 1956 of such title (relating to the 
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laundering of monetary instruments), section 1957 
of such title (relating to engaging in monetary trans-
actions in property derived from specified unlawful 
activity), or sections 2312 through 2315 of such title 
(relating to interstate transportation of stolen motor 
vehicles or stolen property). 
‘‘(vi) A conspiracy to commit an offense de-
scribed in clauses (i) through (v). 
‘‘(B) Notwithstanding any other provision of law (in-
cluding any effective date), the term applies regardless of 
whether the conduct occurred before, on, or after the date 
of the enactment of this paragraph.’’. 
(b) INADMISSIBILITY.—Section 212(a)(2) of such Act 
(8 U.S.C. 1182(a)(2)), as amended by section 302(a)(2) 
of this Act, is further amended by adding at the end the 
following: 
‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is inadmissible who a con-
sular officer, the Secretary of Homeland Secu-
rity, or the Attorney General knows or has rea-
son to believe— 
‘‘(i) to be or to have been a member 
of a criminal gang (as defined in section 
101(a)(53)); or 
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‘‘(ii) to have participated in the activi-
ties of a criminal gang (as defined in sec-
tion 101(a)(53)), knowing or having reason 
to know that such activities will promote, 
further, aid, or support the illegal activity 
of the criminal gang.’’. 
(c) DEPORTABILITY.—Section 237(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1227(a)(2)), as 
amended by section 302(c) of this Act, is further amended 
by adding at the end the following: 
‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is deportable who the Sec-
retary of Homeland Security or the Attorney 
General knows or has reason to believe— 
‘‘(i) is or has been a member of a 
criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) has participated in the activities 
of a criminal gang (as so defined), knowing 
or having reason to know that such activi-
ties will promote, further, aid, or support 
the illegal activity of the criminal gang.’’. 
(d) DESIGNATION.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1182) is 
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amended by inserting after section 219 the fol-
lowing: 
‘‘DESIGNATION 
‘‘SEC. 220. (a) IN GENERAL.—The Secretary of 
Homeland Security, in consultation with the Attorney 
General, and the Secretary of State may designate a 
groups or association as a criminal street gangs if their 
conduct is described in section 101(a)(53) or if the group 
or association conduct poses a significant risk that threat-
ens the security and the public safety of United States 
nationals or the national security, homeland security, for-
eign policy, or economy of the United States. 
‘‘(b) EFFECTIVE DATE.—Designations under sub-
section (a) shall remain in effect until the designation is 
revoked after consultation between the Secretary of Home-
land Security, the Attorney General, and the Secretary of 
State or is terminated in accordance with Federal law.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 219 the following: 
‘‘220. Designation.’’. 
(e) MANDATORY DETENTION OF CRIMINAL STREET 
GANG MEMBERS.— 
(1) IN GENERAL.—Section 236(c)(1)(D) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1226(c)(1)(D)) is amended— 
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(A) by inserting ‘‘or 212(a)(2)(N)’’ after 
‘‘212(a)(3)(B)’’; and 
(B) by inserting ‘‘or 237(a)(2)(H)’’ before 
‘‘237(a)(4)(B)’’. 
(2) ANNUAL REPORT.—Not later than March 1 
of each year (beginning 1 year after the date of the 
enactment of this Act), the Secretary of Homeland 
Security, after consultation with the appropriate 
Federal agencies, shall submit a report to the Com-
mittees on the Judiciary of the House of Represent-
atives and of the Senate on the number of aliens de-
tained under the amendments made by paragraph 
(1). 
(f) ASYLUM
CLAIMS
BASED
ON
GANG
AFFILI-
ATION.— 
(1) INAPPLICABILITY OF RESTRICTION ON RE-
MOVAL
TO
CERTAIN
COUNTRIES.—Section 
241(b)(3)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
matter preceding clause (i), by inserting ‘‘who is de-
scribed 
in 
section 
212(a)(2)(N)(i) 
or 
section 
237(a)(2)(H)(i) or who is’’ after ‘‘to an alien’’. 
(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 
is amended— 
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PWALKER on DSK7TPTVN1PROD with BILLS
(A) in clause (v), by striking ‘‘or’’ at the 
end; 
(B) by redesignating clause (vi) as clause 
(vii); and 
(C) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) the alien is described in section 
212(a)(2)(N)(i) or section 237(a)(2)(H)(i) 
(relating to participation in criminal street 
gangs); or’’. 
(g) TEMPORARY PROTECTED STATUS.—Section 244 
of such Act (8 U.S.C. 1254a) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(2) in subparagraph (c)(2)(B), by adding at the 
end the following: 
‘‘(iii) the alien is, or at any time after 
admission has been, a member of a crimi-
nal 
gang 
(as 
defined 
in 
section 
101(a)(53)).’’; and 
(3) in subsection (d)—— 
(A) by striking paragraph (3); and 
(B) in paragraph (4), by adding at the end 
the following: ‘‘The Secretary of Homeland Se-
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PWALKER on DSK7TPTVN1PROD with BILLS
curity may detain an alien provided temporary 
protected status under this section whenever 
appropriate under any other provision of law.’’. 
(h) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to acts that occur before, on, 
or after the date of the enactment of this Act. 
SEC. 312. EXTENSION OF IDENTITY THEFT OFFENSES. 
(a) FRAUD AND RELATED ACTIVITIES RELATING TO 
IDENTIFICATION DOCUMENTS.—Section 1028 of title 18, 
United States Code, is amended in subsection (a)(7), by 
striking ‘‘of another person’’ and inserting ‘‘that is not 
his or her own’’. 
(b) 
AGGRAVATED
IDENTITY
THEFT.—Section 
1028A(a) of title 18, United States Code, is amended by 
striking ‘‘of another person’’ both places it appears and 
inserting ‘‘that is not his or her own’’. 
SEC. 313. LAUNDERING OF MONETARY INSTRUMENTS. 
(a) ADDITIONAL PREDICATE OFFENSES.—Section 
1956(c)(7)(D) of title 18, United States Code, is amend-
ed— 
(1) by inserting ‘‘section 1590 (relating to traf-
ficking with respect to peonage, slavery, involuntary 
servitude, or forced labor),’’ after ‘‘section 1363 (re-
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PWALKER on DSK7TPTVN1PROD with BILLS
lating to destruction of property within the special 
maritime and territorial jurisdiction),’’; and 
(2) by inserting ‘‘section 274(a) of the Immi-
gration and Nationality Act (8 U.S.C.1324(a)) (re-
lating to bringing in and harboring certain aliens),’’ 
after ‘‘section 590 of the Tariff Act of 1930 (19 
U.S.C. 1590) (relating to aviation smuggling),’’. 
(b) INTENT TO CONCEAL OR DISGUISE.—Section 
1956(a) of title 18, United States Code, is amended— 
(1) in paragraph (1) so that subparagraph (B) 
reads as follows: 
‘‘(B) knowing that the transaction— 
‘‘(i) conceals or disguises, or is in-
tended to conceal or disguise, the nature, 
source, location, ownership, or control of 
the proceeds of some form of unlawful ac-
tivity; or 
‘‘(ii) avoids, or is intended to avoid, a 
transaction reporting requirement under 
State or Federal law,’’; and 
(2) in paragraph (2) so that subparagraph (B) 
reads as follows: 
‘‘(B) knowing that the monetary instru-
ment or funds involved in the transportation, 
transmission, or transfer represent the proceeds 
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of some form of unlawful activity, and knowing 
that such transportation, transmission, or 
transfer— 
‘‘(i) conceals or disguises, or is in-
tended to conceal or disguise, the nature, 
source, location, ownership, or control of 
the proceeds of some form of unlawful ac-
tivity; or 
‘‘(ii) avoids, or is intended to avoid, a 
transaction reporting requirement under 
State or Federal law,’’. 
SEC. 314. INCREASED CRIMINAL PENALTIES RELATING TO 
ALIEN SMUGGLING AND RELATED OFFENSES. 
(a) IN GENERAL.—Section 274 of the Immigration 
and Nationality Act (8 U.S.C. 1324), is amended to read 
as follows: 
‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES. 
‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— 
‘‘(1) PROHIBITED ACTIVITIES.—Except as pro-
vided in paragraph (3), a person shall be punished 
as provided under paragraph (2), if the person— 
‘‘(A) facilitates, encourages, directs, or in-
duces a person to come to or enter the United 
States, or to cross the border to the United 
States, knowing or in reckless disregard of the 
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fact that such person is an alien who lacks law-
ful authority to come to, enter, or cross the bor-
der to the United States; 
‘‘(B) facilitates, encourages, directs, or in-
duces a person to come to or enter the United 
States, or to cross the border to the United 
States, at a place other than a designated port 
of entry or place other than as designated by 
the Secretary of Homeland Security, knowing 
or in reckless disregard of the fact that such 
person is an alien and regardless of whether 
such alien has official permission or lawful au-
thority to be in the United States; 
‘‘(C) transports, moves, harbors, conceals, 
or shields from detection a person outside of 
the United States knowing or in reckless dis-
regard of the fact that such person is an alien 
in unlawful transit from one country to another 
or on the high seas, under circumstances in 
which the alien is seeking to enter the United 
States without official permission or lawful au-
thority; 
‘‘(D) encourages or induces a person to re-
side in the United States, knowing or in reck-
less disregard of the fact that such person is an 
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alien who lacks lawful authority to reside in the 
United States; 
‘‘(E) transports or moves a person in the 
United States, knowing or in reckless disregard 
of the fact that such person is an alien who 
lacks lawful authority to enter or be in the 
United States, if the transportation or move-
ment will further the alien’s illegal entry into or 
illegal presence in the United States; 
‘‘(F) harbors, conceals, or shields from de-
tection a person in the United States, knowing 
or in reckless disregard of the fact that such 
person is an alien who lacks lawful authority to 
be in the United States; or 
‘‘(G) conspires or attempts to commit any 
of the acts described in subparagraphs (A) 
through (F). 
‘‘(2) CRIMINAL PENALTIES.—A person who vio-
lates any provision under paragraph (1) shall, for 
each alien in respect to whom a violation of para-
graph (1) occurs— 
‘‘(A) except as provided in subparagraphs 
(C) through (G), if the violation was not com-
mitted for commercial advantage, profit, or pri-
vate financial gain, be fined under title 18, 
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‘‘(i) engaged in terrorist activity (as 
defined in section 212(a)(3)(B)); or 
‘‘(ii) intending to engage in terrorist 
activity; 
‘‘(G) if the violation caused or resulted in 
the death of any person, be punished by death 
or imprisoned for a term of years not less than 
10 years and up to life, and fined under title 
18, United States Code. 
‘‘(3) LIMITATION.—It is not a violation of sub-
paragraph (D), (E), or (F) of paragraph (1) for a 
religious denomination having a bona fide nonprofit, 
religious organization in the United States, or the 
agents or officers of such denomination or organiza-
tion, to encourage, invite, call, allow, or enable an 
alien who is present in the United States to perform 
the vocation of a minister or missionary for the de-
nomination or organization in the United States as 
a volunteer who is not compensated as an employee, 
notwithstanding the provision of room, board, travel, 
medical assistance, and other basic living expenses, 
provided the minister or missionary has been a 
member of the denomination for at least 1 year. 
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‘‘(4) 
EXTRATERRITORIAL
JURISDICTION.— 
There is extraterritorial Federal jurisdiction over the 
offenses described in this subsection. 
‘‘(b) SEIZURE AND FORFEITURE.— 
‘‘(1) IN GENERAL.—Any real or personal prop-
erty used to commit or facilitate the commission of 
a violation of this section, the gross proceeds of such 
violation, and any property traceable to such prop-
erty or proceeds, shall be subject to forfeiture. 
‘‘(2) APPLICABLE PROCEDURES.—Seizures and 
forfeitures under this subsection shall be governed 
by the provisions of chapter 46 of title 18, United 
States Code, relating to civil forfeitures, except that 
such duties as are imposed upon the Secretary of 
the Treasury under the customs laws described in 
section 981(d) shall be performed by such officers, 
agents, and other persons as may be designated for 
that purpose by the Secretary of Homeland Security. 
‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA-
TIONS OF VIOLATIONS.—In determining whether a 
violation of subsection (a) has occurred, prima facie 
evidence that an alien involved in the alleged viola-
tion lacks lawful authority to come to, enter, reside 
in, remain in, or be in the United States or that 
such alien had come to, entered, resided in, re-
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mained in, or been present in the United States in 
violation of law may include: 
‘‘(A) any order, finding, or determination 
concerning the alien’s status or lack of status 
made by a Federal judge or administrative ad-
judicator (including an immigration judge or 
immigration officer) during any judicial or ad-
ministrative proceeding authorized under Fed-
eral immigration law; 
‘‘(B) official records of the Department of 
Homeland Security, the Department of Justice, 
or the Department of State concerning the 
alien’s status or lack of status; and 
‘‘(C) testimony by an immigration officer 
having personal knowledge of the facts con-
cerning the alien’s status or lack of status. 
‘‘(c) AUTHORITY TO ARREST.—No officer or person 
shall have authority to make any arrests for a violation 
of any provision of this section except: 
‘‘(1) officers and employees designated by the 
Secretary of Homeland Security, either individually 
or as a member of a class; and 
‘‘(2) other officers responsible for the enforce-
ment of Federal criminal laws. 
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‘‘(d) ADMISSIBILITY OF VIDEOTAPED WITNESS TES-
TIMONY.—Notwithstanding any provision of the Federal 
Rules of Evidence, the videotaped or otherwise audio-
visually preserved deposition of a witness to a violation 
of subsection (a) who has been deported or otherwise ex-
pelled from the United States, or is otherwise unavailable 
to testify, may be admitted into evidence in an action 
brought for that violation if: 
‘‘(1) the witness was available for cross exam-
ination at the deposition by the party, if any, oppos-
ing admission of the testimony; and 
‘‘(2) the deposition otherwise complies with the 
Federal Rules of Evidence. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CROSS
THE
BORDER
TO
THE
UNITED 
STATES.—The term ‘cross the border’ refers to the 
physical act of crossing the border, regardless of 
whether the alien is free from official restraint. 
‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful 
authority’ means permission, authorization, or li-
cense that is expressly provided for in the immigra-
tion laws of the United States or accompanying reg-
ulations. The term does not include any such au-
thority secured by fraud or otherwise obtained in 
violation of law or authority sought, but not ap-
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PWALKER on DSK7TPTVN1PROD with BILLS
100 
proved. No alien shall be deemed to have lawful au-
thority to come to, enter, reside in, remain in, or be 
in the United States if such coming to, entry, resi-
dence, remaining, or presence was, is, or would be 
in violation of law. 
‘‘(3) PROCEEDS.—The term ‘proceeds’ includes 
any property or interest in property obtained or re-
tained as a consequence of an act or omission in vio-
lation of this section. 
‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlawful 
transit’ means travel, movement, or temporary pres-
ence that violates the laws of any country in which 
the alien is present or any country from which or to 
which the alien is traveling or moving.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
striking the item relating to section 274 and inserting the 
following: 
‘‘Sec. 274. Alien smuggling and related offenses.’’. 
(c) PROHIBITING CARRYING OR USING A FIREARM 
DURING AND IN RELATION TO AN ALIEN SMUGGLING 
CRIME.—Section 924(c) of title 18, United States Code, 
is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)—— 
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101 
(i) by inserting ‘‘, alien smuggling 
crime,’’ after ‘‘any crime of violence’’; and 
(ii) by inserting ‘‘, alien smuggling 
crime,’’ after ‘‘such crime of violence’’; and 
(B) in subparagraph (D)(ii), by inserting 
‘‘, alien smuggling crime,’’ after ‘‘crime of vio-
lence’’; and 
(2) by adding at the end the following: 
‘‘(6) For purposes of this subsection, the term 
‘alien smuggling crime’ means any felony punishable 
under section 274(a), 277, or 278 of the Immigra-
tion and Nationality Act (8 U.S.C. 1324(a), 1327, 
and 1328).’’. 
SEC. 315. PENALTIES FOR ILLEGAL ENTRY. 
(a) IN GENERAL.—Section 275 of the Immigration 
and Nationality Act (8 U.S.C. 1325) is amended to read 
as follows: 
‘‘ILLEGAL ENTRY 
‘‘SEC. 275. (a) IN GENERAL.— 
‘‘(1) ILLEGAL ENTRY.—An alien shall be sub-
ject to the penalties set forth in paragraph (2) if the 
alien: 
‘‘(A) knowingly enters or crosses the bor-
der into the United States at any time or place 
other than as designated by the Secretary of 
Homeland Security; 
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102 
‘‘(B) knowingly eludes, at any time or 
place, examination or inspection by an author-
ized immigration, customs, or agriculture offi-
cer (including by failing to stop at the com-
mand of such officer); 
‘‘(C) knowingly enters or crosses the bor-
der to the United States and, upon examination 
or inspection, knowingly makes a false or mis-
leading representation or the knowing conceal-
ment of a material fact (including such rep-
resentation or concealment in the context of ar-
rival, reporting, entry, or clearance require-
ments of the customs laws, immigration laws, 
agriculture laws, or shipping laws); or 
‘‘(D) knowingly violates for a period of 90 
days or more the terms or conditions of the 
alien’s admission or parole into the United 
States. 
‘‘(2) CRIMINAL
PENALTIES.—Any alien who 
violates any provision under paragraph (1): 
‘‘(A) shall, for the first violation, be fined 
under title 18, United States Code, imprisoned 
not more than 6 months, or both; 
‘‘(B) shall, for a second or subsequent vio-
lation, or following an order of voluntary depar-
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PWALKER on DSK7TPTVN1PROD with BILLS
103 
ture, be fined under such title, imprisoned not 
more than 2 years, or both; 
‘‘(C) if the violation occurred after the 
alien had been convicted of 3 or more mis-
demeanors or for a felony, shall be fined under 
such title, imprisoned not more than 10 years, 
or both; 
‘‘(D) if the violation occurred after the 
alien had been convicted of a felony for which 
the alien received a term of imprisonment of 
not less than 30 months, shall be fined under 
such title, imprisoned not more than 15 years, 
or both; and 
‘‘(E) if the violation occurred after the 
alien had been convicted of a felony for which 
the alien received a term of imprisonment of 
not less than 60 months, such alien shall be 
fined under such title, imprisoned not more 
than 20 years, or both. 
‘‘(3) PRIOR
CONVICTIONS.—The prior convic-
tions described in subparagraphs (C) through (E) of 
paragraph (2) are elements of the offenses described 
and the penalties in such subparagraphs shall apply 
only in cases in which the conviction or convictions 
that form the basis for the additional penalty are— 
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104 
‘‘(A) alleged in the indictment or informa-
tion; and 
‘‘(B) proven beyond a reasonable doubt at 
trial or admitted by the defendant. 
‘‘(4) DURATION
OF
OFFENSE.—An offense 
under this subsection continues until the alien is dis-
covered within the United States by an immigration, 
customs, or agriculture officer. 
‘‘(5) ATTEMPT.—Whoever attempts to commit 
any offense under this section shall be punished in 
the same manner as for a completion of such of-
fense. 
‘‘(b) IMPROPER
TIME
OR
PLACE; CIVIL
PEN-
ALTIES.— 
‘‘(1) IN GENERAL.—Any alien who is appre-
hended while entering, attempting to enter, or know-
ingly crossing or attempting to cross the border to 
the United States at a time or place other than as 
designated by immigration officers shall be subject 
to a civil penalty, in addition to any criminal or 
other civil penalties that may be imposed under any 
other provision of law, in an amount equal to— 
‘‘(A) not less than $50 or more than $250 
for each such entry, crossing, attempted entry, 
or attempted crossing; or 
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‘‘(B) twice the amount specified in para-
graph (1) if the alien had previously been sub-
ject to a civil penalty under this subsection.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
striking the item relating to section 275 and inserting the 
following: 
‘‘275. Illegal entry.’’. 
SEC. 316. ILLEGAL REENTRY. 
Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended to read as follows: 
‘‘REENTRY OF REMOVED ALIEN 
‘‘SEC. 276. (a) REENTRY AFTER REMOVAL.—Any 
alien who has been denied admission, excluded, deported, 
or removed, or who has departed the United States while 
an order of exclusion, deportation, or removal is 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 
under title 18, United States Code, imprisoned not more 
than 2 years, or both. 
‘‘(b) REENTRY
OF CRIMINAL OFFENDERS.—Not-
withstanding the penalty provided in subsection (a), if an 
alien described in that subsection was convicted before 
such removal or departure: 
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‘‘(1) for 3 or more misdemeanors or for a fel-
ony, the alien shall be fined under title 18, United 
States Code, imprisoned not more than 10 years, or 
both; 
‘‘(2) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 
30 months, the alien shall be fined under such title, 
imprisoned not less than 2 years and not more than 
15 years, or both; 
‘‘(3) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 
60 months, the alien shall be fined under such title, 
imprisoned not less than 4 years and not more than 
20 years, or both; 
‘‘(4) for murder, rape, kidnapping, or a felony 
offense described in chapter 77 (relating to peonage 
and slavery) or 113B (relating to terrorism) of such 
title, or for 3 or more felonies of any kind, the alien 
shall be fined under such title, imprisoned not less 
than 5 years and not more than 25 years, or both. 
‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 
alien who has been denied admission, excluded, deported, 
or removed 3 or more times and thereafter enters, at-
tempts to enter, crosses the border to, attempts to cross 
the border to, or is at any time found in the United States, 
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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 
‘‘(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. 
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‘‘(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 
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. 
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‘‘(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.’’. 
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 
‘‘Sec. 
‘‘1541. Issuance without authority. 
‘‘1542. False statement in application and use of passport. 
‘‘1543. Forgery or false use of passport. 
‘‘1544. Misuse of a passport. 
‘‘1545. Schemes to defraud aliens. 
‘‘1546. Immigration and visa fraud. 
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‘‘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-
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 
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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, 
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. 
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112 
‘‘§ 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. 
‘‘§ 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— 
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113 
‘‘(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-
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 
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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-
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 
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piece of evidence attached to or submitted in support 
of the application. 
‘‘(2) The term ‘immigration document’ means 
any instrument on which is recorded, by means of 
letters, figures, or marks, matters which may be 
used to fulfill any requirement of the Immigration 
and Nationality Act.’’. 
SEC. 318. FORFEITURE. 
Section 981(a)(1) of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(I) Any property, real or personal, that has 
been used to commit or facilitate the commission of 
a violation of chapter 75, the gross proceeds of such 
violation, and any property traceable to any such 
property or proceeds.’’. 
SEC. 319. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 
ON CRIMINAL OR SECURITY GROUNDS. 
(a) IN GENERAL.—Section 238(b) of the 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 
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(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-
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-
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117 
sibility under section 212(a)(2) (relating to criminal 
offenses) and issue an order of removal pursuant to 
the procedures set forth in this subsection, in lieu of 
removal proceedings under section 240, with respect 
to an alien who 
‘‘(A) has not been admitted or paroled; 
‘‘(B) has not been found to have a credible 
fear of persecution pursuant to the procedures 
set forth in section 235(b)(1)(B); and 
‘‘(C) is not eligible for a waiver of 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. 
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— 
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(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: 
‘‘(I) Any alien convicted of, or who admits 
having committed, or who admits committing 
acts which constitute the essential elements of 
a violation of section 2250 of title 18, United 
States Code (relating to failure to register as a 
sex offender) is deportable.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
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119 
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-
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), 
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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. 
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 
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121 
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 
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-
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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)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1253(a)(1)) is 
amended— 
(1) by inserting ‘‘212(a) or’’ before ‘‘237(a),’’ ; 
and 
(2) by striking paragraph (3). 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the 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. 
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SEC. 324. PARDONS. 
(a) DEFINITION.—Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)), as amended by 
section 311(a) of this Act, is further amended by adding 
at the end the following: 
‘‘(54) The term ‘pardon’ means a full and 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: 
‘‘(8) PARDONS.— 
‘‘(A) IN GENERAL.—In the case of an alien 
who has been convicted of a crime and is sub-
ject to removal due to that conviction, if the 
alien, subsequent to receiving the criminal con-
viction, is granted a pardon, the alien shall not 
be deportable by reason of that criminal convic-
tion. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply in the case of an alien granted 
a pardon if the pardon is granted in whole or 
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in part to eliminate that alien’s condition of de-
portability.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to a pardon granted before, 
on, or after such date. 
TITLE IV—VISA SECURITY 
SEC. 401. CANCELLATION OF ADDITIONAL VISAS. 
(a) IN GENERAL.—Section 222(g) of the 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’’. 
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(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. 
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), 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 
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(5) by adding before the period at the end the 
following: 
‘‘(C) with regard to any or all aliens in the 
database specified data elements from each 
record, if the Secretary of State determines that 
it is in the national interest to provide such 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’’; 
(3) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (E); 
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(B) by striking the period at the end of 
subparagraph (F) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(G) is an individual— 
‘‘(i) determined to be in a class of 
aliens determined by the Secretary of 
Homeland Security to be threats to 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’’. 
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(b) GUIDANCE.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State 
shall issue guidance to consular officers on the standards 
and processes for implementing the authority to deny visa 
applications without interview in cases where the alien is 
determined by the Secretary of State to be ineligible for 
a visa based upon review of the application. 
(c) REPORTS.—Not less frequently than once each 
quarter, the Secretary of State shall submit to the 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 
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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 
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 in-
terests 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 
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28, United States Code, or any other habeas corpus 
provision, and sections 1361 and 1651 of such title, 
no court shall have jurisdiction to review a decision 
by the Secretary of Homeland Security to refuse or 
revoke a visa, and no court shall have jurisdiction to 
hear any claim arising from, or any challenge to, 
such a refusal or revocation. 
‘‘(c) AUTHORITY OF THE SECRETARY OF STATE.— 
‘‘(1) IN GENERAL.—The Secretary of State may 
direct a consular officer to refuse a visa requested 
by an alien if the Secretary of State determines such 
refusal to be necessary or advisable in the interests 
of the United States. 
‘‘(2) LIMITATION.—No decision by the 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-
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als and revocations occurring before, on, or after 
such date. 
(b) TECHNICAL CORRECTIONS TO THE HOMELAND 
SECURITY ACT.—Section 428(a) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 236) 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’’ through the period at 
the end and inserting the following: ‘‘Beginning in fiscal 
year 2005 and thereafter, the Secretary of State is author-
ized to charge surcharges related to consular services in 
support of enhanced border security that are in addition 
to the immigrant visa fees in effect on January 1, 2004: 
Provided, That funds collected pursuant to this authority 
shall be credited to the appropriation for U.S. Immigra-
tion and Customs Enforcement for the fiscal year in which 
the fees were collected, and shall be available until ex-
pended for the funding of the Visa Security Program es-
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tablished by the Secretary of Homeland Security under 
section 428(e) of the Homeland Security Act of 2002 
(Public Law 107–296): Provided further, That such sur-
charges shall be 10 percent of the fee assessed on immi-
grant 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 
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designated jointly by the Secretaries of State and Home-
land Security as high-risk posts.’’. 
(b) ASSIGNMENT OF PERSONNEL.—Not later than 
one year after the date of enactment of this section, the 
Secretary of Homeland Security shall assign personnel to 
the visa-issuing posts referenced in section 428(i) of the 
Homeland Security Act of 2002 (6 U.S.C. 236(i)), as 
amended by this section, and communicate such 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 
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forth in National Security Defense Directive 38 (dated 
June 2, 1982) or any successor Directive, the Chief of 
Mission of a post to which the Secretary of Homeland 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. INCREASED CRIMINAL PENALTIES FOR STUDENT 
VISA INTEGRITY. 
Section 1546 of title 18, United States Code, is 
amended by striking ‘‘10 years’’ and inserting ‘‘15 years 
(if the offense was committed by an owner, official, or em-
ployee of an educational institution with respect to such 
institution’s participation in the Student and exchange 
Visitor Program), 10 years’’. 
SEC. 410. ACCREDITATION REQUIREMENTS. 
(a) COLLEGES, UNIVERSITIES, 
AND
LANGUAGE 
TRAINING PROGRAMS.—Section 101(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)) is amended— 
(1) in paragraph (15)(F)(i)— 
(A) by striking ‘‘section 214(1) at an es-
tablished college, university, seminary, conserv-
atory or in an accredited language training pro-
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gram in the United States’’ and inserting ‘‘sec-
tion 214(m) at an accredited college, university, 
or language training program, or at an estab-
lished seminary, conservatory, academic high 
school, elementary school, or other academic in-
stitution in the United States’’; and 
(B) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(C) by amending paragraph (52) to read 
as follows: 
‘‘(52) Except as provided in section 214(m)(4), 
the term ‘accredited college, university, or language 
training program’ means a college, university, or 
language training program that is accredited by an 
accrediting agency recognized by the Secretary of 
Education.’’. 
(b) 
OTHER
ACADEMIC
INSTITUTIONS.—Section 
214(m) of the Immigration and Nationality Act (8 U.S.C. 
1184(m)) is amended by adding at the end the following: 
‘‘(3) The Secretary of Homeland Security shall 
require accreditation of an academic institution (ex-
cept for seminaries or other religious institutions) 
for purposes of section 101(a)(15)(F) if— 
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‘‘(A) that institution is not already re-
quired 
to 
be 
accredited 
under 
section 
101(a)(15)(F)(i); and 
‘‘(B) an appropriate accrediting agency 
recognized by the Secretary of Education is 
able to provide such accreditation. 
‘‘(4) The Secretary of Homeland Security, in 
the Secretary’s discretion, may waive the accredita-
tion requirement in paragraph (3) or section 
101(a)(15)(F)(i) with respect to an institution if 
such institution— 
‘‘(A) is otherwise in compliance with the 
requirements of section 101(a)(15)(F)(i); and 
‘‘(B) has been a candidate for accredita-
tion for at least 1 year and continues to 
progress toward accreditation by an accrediting 
agency recognized by the Secretary of Edu-
cation.’’. 
(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 
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(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. 411. 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— 
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(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 
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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. 412. 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 
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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 
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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 conducted 
such background checks.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date that is 1 year 
after the date of the enactment of this Act. 
SEC. 413. FLIGHT SCHOOLS NOT CERTIFIED BY FAA. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the Secretary of Homeland Security shall prohibit any 
flight school in the United States from accessing SEVIS 
or issuing a Form I–20 to an alien seeking a student visa 
pursuant to subparagraph (F)(i) or (M)(i) of section 
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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. 414. 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-
tation of an institution pursuant to section 496 of the 
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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. 415. 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. 416. 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— 
(1) the process in place to identify and assess 
risks in the SEVP; 
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(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. 
SEC. 417. 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 
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complete the deployment of both phases of the 2nd genera-
tion Student and Exchange Visitor Information System 
(commonly known as ‘‘SEVIS II’’). 
SEC. 418. DEFINITIONS. 
(a) DEFINITIONS.—For purposes of this title: 
(1) SEVIS.—The term ‘‘SEVIS’’ means the 
Student and Exchange Visitor Information System 
of the Department of Homeland Security. 
(2) SEVP.—The term ‘‘SEVP’’ means the 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— 
(1) section 287(a)(5)(A) of the Immigration 
and Nationality Act to arrest for any offense against 
the United States; 
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(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) 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. 
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(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-
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-
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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; 
(2) One member shall be appointed by the 
Chairman of the Judiciary Committee of the House 
of Representatives; 
(3) One member shall be appointed by the 
Chairman of the Judiciary Committee of the Senate; 
(4) One member shall be appointed by the 
Local 511, the ICE prosecutor’s union; and 
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(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: 
(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 
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be engaged in, such as State and local criminal task 
forces; 
(3) Personnel, equipment, and other resource 
needs of field personnel; 
(4) Improvements that should be made to the 
organizational structure of the Department of 
Homeland Security, including whether the position 
of immigration enforcement agent should be merged 
into the deportation officer position; and 
(5) The effectiveness of specific enforcement 
policies and regulations promulgated by the 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. 
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 
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10 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; 
(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 
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(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 an recommenda-
tions on how the pilot program should work in the first 
quarterly report of the Council, and shall include assess-
ments of the program and recommendations for improve-
ment in each subsequent report. 
(g) EFFECTIVE DATE.—This section shall take effect 
180 days after the date of the enactment of this Act. 
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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. 
(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. 
SEC. 507. ADDITIONAL ICE PROSECUTORS. 
The Secretary of Homeland Security shall increase 
by 60 the number of full-time trial attorneys working for 
the Immigration and Customs Enforcement Office of the 
Principal Legal Advisor. 
TITLE VI—MISCELLANEOUS 
ENFORCEMENT PROVISIONS 
SEC. 601. ENCOURAGING ALIENS TO DEPART VOLUN-
TARILY. 
(a) IN GENERAL.—Section 240B of the Immigration 
and Nationality Act (8 U.S.C. 1229c) is amended— 
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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.’’; 
(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 
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(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-
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-
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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-
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-
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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-
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: 
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‘‘(1) CIVIL PENALTY.—The alien shall be liable 
for a civil penalty of $3,000. The order allowing vol-
untary departure shall specify the amount of the 
penalty, which shall be acknowledged by the alien on 
the record. If the Secretary thereafter establishes 
that the alien failed to depart voluntarily within the 
time allowed, no further procedure will be necessary 
to establish the amount of the penalty, and the Sec-
retary may collect the civil penalty at any time 
thereafter and by whatever means provided by law. 
An alien will be ineligible for any benefits under this 
chapter until this civil penalty is paid. 
‘‘(2) INELIGIBILITY
FOR
RELIEF.—The alien 
shall be ineligible during the time the alien remains 
in the United States and for a period of 10 years 
after the alien’s departure for any further relief 
under this section and sections 240A, 245, 248, and 
249. The order permitting the alien to depart 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 
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(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.’’; 
(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-
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