person. Only persons or entities referring for remu-
neration (whether on a retainer or contingency 
basis) are included in the definition, except that 
union hiring halls that refer union members or non-
union individuals who pay union membership dues 
are included in the definition whether or not they re-
ceive remuneration, as are labor service entities or 
labor service agencies, whether public, private, for- 
profit, or nonprofit, that refer, dispatch, or other-
wise facilitate the hiring of laborers for any period 
of time by a third party. As used in this section, the 
term ‘recruit’ means the act of soliciting a person 
who is in the United States, directly or indirectly, 
and referring the person to another with the intent 
of obtaining employment for that person. Only per-
sons or entities referring for remuneration (whether 
on a retainer or contingency basis) are included in 
the definition, except that union hiring halls that 
refer union members or nonunion individuals who 
pay union membership dues are included in this defi-
nition whether or not they receive remuneration, as 
are labor service entities or labor service agencies, 
whether public, private, for-profit, or nonprofit that 
recruit, dispatch, or otherwise facilitate the hiring of 
laborers for any period of time by a third party.’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 1 year 
after the date of the enactment of this Act, except that 
the amendments made by subsection (a) shall take effect 
6 months after the date of the enactment of this Act inso-
far as such amendments relate to continuation of employ-
ment. 
SEC. 104. GOOD FAITH DEFENSE. 
Section 274A(a)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(a)(3)) is amended to read as 
follows: 
‘‘(3) GOOD FAITH DEFENSE.— 
‘‘(A) DEFENSE.—An employer (or person 
or entity that hires, employs, recruits, or refers 
(as defined in subsection (h)(5)), or is otherwise 
obligated to comply with this section) who es-
tablishes that it has complied in good faith with 
the requirements of subsection (b)— 
‘‘(i) shall not be liable to a job appli-
cant, an employee, the Federal Govern-
ment, or a State or local government, 
under Federal, State, or local criminal or 
civil law for any employment-related action 
taken with respect to a job applicant or 
employee in good-faith reliance on informa-
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tion provided through the system estab-
lished under subsection (d); and 
‘‘(ii) has established compliance with 
its obligations under subparagraphs (A) 
and (B) of paragraph (1) and subsection 
(b) absent a showing by the Secretary of 
Homeland Security, by clear and con-
vincing evidence, that the employer had 
knowledge that an employee is an unau-
thorized alien. 
‘‘(B) FAILURE
TO
SEEK
AND
OBTAIN 
VERIFICATION.—Subject to the effective dates 
and other deadlines applicable under subsection 
(b), in the case of a person or entity in the 
United States that hires, or continues to em-
ploy, an individual, or recruits or refers an indi-
vidual for employment, the following require-
ments apply: 
‘‘(i) 
FAILURE
TO
SEEK 
VERIFICATION.— 
‘‘(I) IN GENERAL.—If the person 
or entity has not made an inquiry, 
under 
the 
mechanism 
established 
under subsection (d) and in accord-
ance with the timeframes established 
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under 
subsection 
(b), 
seeking 
verification of the identity and work 
eligibility of the individual, the de-
fense under subparagraph (A) shall 
not be considered to apply with re-
spect to any employment, except as 
provided in subclause (II). 
‘‘(II) SPECIAL RULE FOR FAIL-
URE OF VERIFICATION MECHANISM.— 
If such a person or entity in good 
faith attempts to make an inquiry in 
order to qualify for the defense under 
subparagraph (A) and the verification 
mechanism has registered that not all 
inquiries were responded to during the 
relevant time, the person or entity can 
make an inquiry until the end of the 
first subsequent working day in which 
the verification mechanism registers 
no nonresponses and qualify for such 
defense. 
‘‘(ii) 
FAILURE
TO
OBTAIN 
VERIFICATION.—If the person or entity 
has made the inquiry described in clause 
(i)(I) but has not received an appropriate 
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verification of such identity and work eligi-
bility under such mechanism within the 
time period specified under subsection 
(d)(2) after the time the verification in-
quiry was received, the defense under sub-
paragraph (A) shall not be considered to 
apply with respect to any employment after 
the end of such time period.’’. 
SEC. 105. REPEAL. 
(a) IN GENERAL.—Subtitle A of title IV of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1234a note) is repealed. 
(b) REFERENCES.—Any reference in any Federal 
law, Executive order, rule, regulation, or delegation of au-
thority, or any document of, or pertaining to, the Depart-
ment of Homeland Security, Department of Justice, or the 
Social Security Administration, to the employment eligi-
bility confirmation system established under section 404 
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 
refer to the employment eligibility confirmation system es-
tablished under section 274A(d) of the Immigration and 
Nationality Act, as amended by section 102 of this Act. 
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(c) EFFECTIVE DATE.—This section shall take effect 
on the date that is 36 months after the date of the enact-
ment of this Act. 
SEC. 106. PENALTIES. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended— 
(1) in subsection (e)(1)— 
(A) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(B) by striking ‘‘Service’’ and inserting 
‘‘Department of Homeland Security’’; 
(2) in subsection (e)(4)— 
(A) in subparagraph (A), in the matter be-
fore clause (i), by inserting ‘‘, subject to para-
graph (10),’’ after ‘‘in an amount’’; 
(B) in subparagraph (A)(i), by striking 
‘‘not less than $250 and not more than 
$2,000’’ and inserting ‘‘not less than $2,500 
and not more than $5,000’’; 
(C) in subparagraph (A)(ii), by striking 
‘‘not less than $2,000 and not more than 
$5,000’’ and inserting ‘‘not less than $5,000 
and not more than $10,000’’; 
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(D) in subparagraph (A)(iii), by striking 
‘‘not less than $3,000 and not more than 
$10,000’’ and inserting ‘‘not less than $10,000 
and not more than $25,000’’; and 
(E) by amending subparagraph (B) to read 
as follows: 
‘‘(B) may require the person or entity to 
take such other remedial action as is appro-
priate.’’; 
(3) in subsection (e)(5)— 
(A) in the paragraph heading, strike ‘‘PA-
PERWORK’’; 
(B) by inserting ‘‘, subject to paragraphs 
(10) through (12),’’ after ‘‘in an amount’’; 
(C) by striking ‘‘$100’’ and inserting 
‘‘$1,000’’; 
(D) by striking ‘‘$1,000’’ and inserting 
‘‘$25,000’’; 
(E) by adding at the end the following: 
‘‘Failure by a person or entity to utilize the em-
ployment eligibility verification system as re-
quired by law, or providing information to the 
system that the person or entity knows or rea-
sonably believes to be false, shall be treated as 
a violation of subsection (a)(1)(A).’’; 
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(4) by adding at the end of subsection (e) the 
following: 
‘‘(10) EXEMPTION FROM PENALTY FOR GOOD 
FAITH VIOLATION.—In the case of imposition of a 
civil penalty under paragraph (4)(A) with respect to 
a violation of subsection (a)(1)(A) or (a)(2) for hir-
ing or continuation of employment or recruitment or 
referral by person or entity and in the case of impo-
sition of a civil penalty under paragraph (5) for a 
violation of subsection (a)(1)(B) for hiring or re-
cruitment or referral by a person or entity, the pen-
alty otherwise imposed may be waived or reduced if 
the violator establishes that the violator acted in 
good faith. 
‘‘(11) AUTHORITY TO DEBAR EMPLOYERS FOR 
CERTAIN VIOLATIONS.— 
‘‘(A) IN GENERAL.—If a person or entity 
is determined by the Secretary of Homeland Se-
curity to be a repeat violator of paragraph 
(1)(A) or (2) of subsection (a), or is convicted 
of a crime under this section, such person or 
entity may be considered for debarment from 
the receipt of Federal contracts, grants, or co-
operative agreements in accordance with the de-
barment standards and pursuant to the debar-
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ment procedures set forth in the Federal Acqui-
sition Regulation. 
‘‘(B) DOES NOT HAVE CONTRACT, GRANT, 
AGREEMENT.—If the Secretary of Homeland 
Security or the Attorney General wishes to have 
a person or entity considered for debarment in 
accordance with this paragraph, and such an 
person or entity does not hold a Federal con-
tract, grant or cooperative agreement, the Sec-
retary or Attorney General shall refer the mat-
ter to the Administrator of General Services to 
determine whether to list the person or entity 
on the List of Parties Excluded from Federal 
Procurement, and if so, for what duration and 
under what scope. 
‘‘(C) HAS
CONTRACT, 
GRANT, 
AGREE-
MENT.—If the Secretary of Homeland Security 
or the Attorney General wishes to have a per-
son or entity considered for debarment in ac-
cordance with this paragraph, and such person 
or entity holds a Federal contract, grant or co-
operative agreement, the Secretary or Attorney 
General shall advise all agencies or departments 
holding a contract, grant, or cooperative agree-
ment with the person or entity of the Govern-
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ment’s interest in having the person or entity 
considered for debarment, and after soliciting 
and considering the views of all such agencies 
and departments, the Secretary or Attorney 
General may refer the matter to any appro-
priate lead agency to determine whether to list 
the person or entity on the List of Parties Ex-
cluded from Federal Procurement, and if so, for 
what duration and under what scope. 
‘‘(D) REVIEW.—Any decision to debar a 
person or entity in accordance with this para-
graph shall be reviewable pursuant to part 9.4 
of the Federal Acquisition Regulation. 
‘‘(12) OFFICE FOR STATE AND LOCAL GOVERN-
MENT
COMPLAINTS.—The Secretary of Homeland 
Security shall establish an office— 
‘‘(A) to which State and local government 
agencies may submit information indicating po-
tential violations of subsection (a), (b), or 
(g)(1) that were generated in the normal course 
of law enforcement or the normal course of 
other official activities in the State or locality; 
‘‘(B) that is required to indicate to the 
complaining State or local agency within 5 busi-
ness days of the filing of such a complaint by 
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identifying whether the Secretary will further 
investigate the information provided; 
‘‘(C) that is required to investigate those 
complaints filed by State or local government 
agencies that, on their face, have a substantial 
probability of validity; 
‘‘(D) that is required to notify the com-
plaining State or local agency of the results of 
any such investigation conducted; and 
‘‘(E) that is required to report to the Con-
gress annually the number of complaints re-
ceived under this paragraph, the States and lo-
calities that filed such complaints, and the reso-
lution of the complaints investigated by the Sec-
retary.’’; and 
(5) by amending paragraph (1) of subsection (f) 
to read as follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty which engages in a pattern or practice of viola-
tions of subsection (a) (1) or (2) shall be fined not 
more than $15,000 for each unauthorized alien with 
respect to which such a violation occurs, imprisoned 
for not less than one year and not more than 10 
years, or both, notwithstanding the provisions of any 
other Federal law relating to fine levels.’’. 
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TITLE II—CRIME PREVENTION 
AND PENALTIES 
SEC. 201. ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS. 
In consultation with the Secretary of Health and 
Human Services and the Commissioner of Social Security, 
the Secretary of Homeland Security shall take the fol-
lowing actions: 
(1) Work with the States to establish a common 
data set and common data exchange protocol for 
electronic birth registration systems and death reg-
istration systems. 
(2) Coordinate requirements for such systems 
to align with a national model. 
(3) Ensure that fraud prevention is built into 
the design of electronic vital registration systems in 
the collection of vital event data, the issuance of 
birth certificates, and the exchange of data among 
government agencies. 
(4) Ensure that electronic systems for issuing 
birth certificates, in the form of printed abstracts of 
birth records or digitized images, employ a common 
format of the certified copy, so that those requiring 
such documents can quickly confirm their validity. 
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(5) Establish uniform field requirements for 
State birth registries. 
(6) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of Defense that will result in the shar-
ing of data, with the States and the Social Security 
Administration, regarding deaths of United States 
military personnel and the birth and death of their 
dependents. 
(7) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of State to improve registration, notifi-
cation, and the sharing of data with the States and 
the Social Security Administration, regarding births 
and deaths of United States citizens abroad. 
(8) Not later than 3 years after the date of es-
tablishment of databases provided for under this sec-
tion, require States to record and retain electronic 
records of pertinent identification information col-
lected from requestors who are not the registrants. 
(9) Not later than 6 months after the date of 
the enactment of this Act, submit to Congress a re-
port on whether there is a need for Federal laws to 
address penalties for fraud and misuse of vital 
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records and whether violations are sufficiently en-
forced. 
SEC. 202. ENHANCED PENALTIES FOR DOCUMENT FRAUD. 
Section 1028(b)(3) of title 18, United States Code, 
is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end; 
(2) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(3) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) to facilitate illegal immigration or 
human smuggling; or’’. 
SEC. 203. ALIEN SMUGGLING AND TERRORISM PREVEN-
TION. 
(a) CHECKS AGAINST TERRORIST WATCHLIST.—The 
Secretary of Homeland Security shall, to the extent prac-
ticable, check against all available terrorist watchlists 
those persons suspected of alien smuggling and smuggled 
individuals who are interdicted at the land, air, and sea 
borders of the United States. 
(b) STRENGTHENING PROSECUTION AND PUNISH-
MENT OF ALIEN SMUGGLERS.—Section 274(a) of the Im-
migration and Nationality Act (8 U.S.C. 1324(a)) is 
amended— 
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(1) by amending the subsection heading to read 
as follows: ‘‘BRINGING IN, HARBORING, AND SMUG-
GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 
(2) by amending paragraphs (1) through (2) to 
read as follows: 
‘‘(1)(A) Whoever, knowing or in reckless disregard of 
the fact that an individual is an alien who lacks lawful 
authority to come to, enter, or reside in the United States, 
knowingly— 
‘‘(i) brings that individual to the United States 
in any manner whatsoever regardless of any future 
official action which may be taken with respect to 
such individual; 
‘‘(ii) recruits, encourages, or induces that indi-
vidual to come to, enter, or reside in the United 
States; 
‘‘(iii) transports or moves that individual in the 
United States, in furtherance of their unlawful pres-
ence; or 
‘‘(iv) harbors, conceals, or shields from detec-
tion the individual in any place in the United States, 
including any building or any means of transpor-
tation; 
or attempts or conspires to do so, shall be punished as 
provided in subparagraph (C). 
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‘‘(B) Whoever, knowing that an individual is an alien, 
brings that individual to the United States in any manner 
whatsoever at a place, other than a designated port of 
entry or place designated by the Secretary of Homeland 
Security, regardless of whether such individual has re-
ceived prior official authorization to come to, enter, or re-
side in the United States and regardless of any future offi-
cial action which may be taken with respect to such indi-
vidual, or attempts or conspires to do so, shall be punished 
as provided in subparagraph (C). 
‘‘(C) Whoever commits an offense under this para-
graph shall, for each individual in respect to whom such 
a violation occurs— 
‘‘(i) if the offense results in the death of any 
person, be fined under title 18, United States Code, 
and subject to the penalty of death or imprisonment 
for any term of years or for life; 
‘‘(ii) if the offense involves kidnapping, an at-
tempt to kidnap, the conduct required for aggra-
vated sexual abuse (as defined in section 2241 of 
title 18, United States Code, without regard to 
where it takes place), or an attempt to commit such 
abuse, or an attempt to kill, be fined under title 18, 
United States Code, or imprisoned for any term of 
years or life, or both; 
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‘‘(iii) if the offense involves an individual who 
the defendant knew was engaged in or intended to 
engage in terrorist activity (as defined in section 
212(a)(3)(B)), be fined under title 18, United States 
Code, or imprisoned not more than 30 years, or 
both; 
‘‘(iv) if the offense results in serious bodily in-
jury (as defined in section 1365 of title 18, United 
States Code) or places in jeopardy the life of any 
person, be fined under title 18, United States Code, 
or imprisoned not more than 20 years, or both; 
‘‘(v) if the offense is a violation of paragraph 
(1)(A)(i) and was committed for the purpose of prof-
it, commercial advantage, or private financial gain, 
or if the offense was committed with the intent or 
reason to believe that the individual unlawfully 
brought into the United States will commit an of-
fense against the United States or any State that is 
punishable by imprisonment for more than 1 year, 
be fined under title 18, United States Code, and im-
prisoned, in the case of a first or second violation, 
not less than 3 nor more than 10 years, and for any 
other violation, not less than 5 nor more than 15 
years; 
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‘‘(vi) if the offense is a violation of paragraphs 
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and 
was committed for the purpose of profit, commercial 
advantage, or private financial gain, be fined under 
title 18, United States Code, or imprisoned not more 
than 10 years, or both; 
‘‘(vii) if the offense involves the transit of the 
defendant’s spouse, child, sibling, parent, grand-
parent, or niece or nephew, and the offense is not 
described in any of clauses (i) through (vi), be fined 
under title 18, United States Code, or imprisoned 
not more than 1 year, or both; and 
‘‘(viii) in any other case, be fined under title 
18, United States Code, or imprisoned not more 
than 5 years, or both. 
‘‘(2)(A) There is extraterritorial jurisdiction over the 
offenses described in paragraph (1). 
‘‘(B) In a prosecution for a violation of, or an attempt 
or 
conspiracy 
to 
violate, 
subsection 
(a)(1)(A)(i), 
(a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, 
no defense based on necessity can be raised unless the de-
fendant— 
‘‘(i) as soon as practicable, reported to the 
Coast Guard the circumstances of the necessity, and 
if a rescue is claimed, the name, description, registry 
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number, and location of the vessel engaging in the 
rescue; and 
‘‘(ii) did not bring, attempt to bring, or in any 
manner intentionally facilitate the entry of any alien 
into the land territory of the United States without 
lawful authority, unless exigent circumstances ex-
isted that placed the life of that alien in danger, in 
which case the reporting requirement set forth in 
clause (i) is satisfied by notifying the Coast Guard 
as soon as practicable after delivering the alien to 
emergency medical or law enforcement personnel 
ashore. 
‘‘(C) It is not a violation of, or an attempt or con-
spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 
or paragraph (1)(A)(ii) (except if a person recruits, en-
courages, or induces an alien to come to or enter the 
United States), for a religious denomination having a bona 
fide nonprofit, religious organization in the United States, 
or the agents or officer 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 voca-
tion of a minister or missionary for the denomination or 
organization in the United States as a volunteer who is 
not compensated as an employee, notwithstanding the pro-
vision of room, board, travel, medical assistance, and other 
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basic living expenses, provided the minister or missionary 
has been a member of the denomination for at least one 
year. 
‘‘(D) For purposes of this paragraph and paragraph 
(1)— 
‘‘(i) the term ‘United States’ means the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, the Commonwealth of the 
Northern Mariana Islands, and any other territory 
or possession of the United States; and 
‘‘(ii) the term ‘lawful authority’ means permis-
sion, authorization, or waiver that is expressly pro-
vided for in the immigration laws of the United 
States or the regulations prescribed under those 
laws and does not include any such authority se-
cured by fraud or otherwise obtained in violation of 
law or authority that has been sought but not ap-
proved.’’. 
(c) MARITIME LAW ENFORCEMENT.— 
(1) PENALTIES.—Subsection (b) of section 
2237 of title 18, United States Code, is amended to 
read as follows: 
‘‘(b) Whoever intentionally violates this section 
shall— 
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‘‘(1) if the offense results in death or involves 
kidnapping, an attempt to kidnap, the conduct re-
quired for aggravated sexual abuse (as defined in 
section 2241 without regard to where it takes place), 
or an attempt to commit such abuse, or an attempt 
to kill, be fined under such title or imprisoned for 
any term of years or life, or both; 
‘‘(2) if the offense results in serious bodily in-
jury (as defined in section 1365 of this title) or 
transportation under inhumane conditions, be fined 
under this title, imprisoned not more than 15 years, 
or both; 
‘‘(3) if the offense is committed in the course 
of a violation of section 274 of the Immigration and 
Nationality Act (alien smuggling); chapter 77 (peon-
age, slavery, and trafficking in persons), section 111 
(shipping), 111A (interference with vessels), 113 
(stolen property), or 117 (transportation for illegal 
sexual activity) of this title; chapter 705 (maritime 
drug law enforcement) of title 46, or title II of the 
Act of June 15, 1917 (chapter 30; 40 Stat. 220), be 
fined under this title or imprisoned for not more 
than 10 years, or both; and 
‘‘(4) in any other case, be fined under this title 
or imprisoned for not more than 5 years, or both.’’. 
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(2) LIMITATION
ON
NECESSITY
DEFENSE.— 
Section 2237(c) of title 18, United States Code, is 
amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
(B) by adding at the end the following: 
‘‘(2) In a prosecution for a violation of this section, 
no defense based on necessity can be raised unless the de-
fendant— 
‘‘(A) as soon as practicable upon reaching 
shore, delivered the person with respect to which the 
necessity arose to emergency medical or law enforce-
ment personnel; 
‘‘(B) as soon as practicable, reported to the 
Coast Guard the circumstances of the necessity re-
sulting giving rise to the defense; and 
‘‘(C) did not bring, attempt to bring, or in any 
manner intentionally facilitate the entry of any alien, 
as that term is defined in section 101(a)(3) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(3)), into the land territory of the United 
States without lawful authority, unless exigent cir-
cumstances existed that placed the life of that alien 
in danger, in which case the reporting requirement 
of subparagraph (B) is satisfied by notifying the 
Coast Guard as soon as practicable after delivering 
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that person to emergency medical or law enforce-
ment personnel ashore.’’. 
(3) DEFINITION.—Section 2237(e) of title 18, 
United States Code, is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) the term ‘transportation under inhumane 
conditions’ means the transportation of persons in 
an engine compartment, storage compartment, or 
other confined space, transportation at an excessive 
speed, transportation of a number of persons in ex-
cess of the rated capacity of the means of transpor-
tation, or intentionally grounding a vessel in which 
persons are being transported.’’. 
(d) AMENDMENT
TO
THE
SENTENCING
GUIDE-
LINES.— 
(1) IN
GENERAL.—Pursuant to its authority 
under section 994 of title 28, United States Code, 
and in accordance with this section, the United 
States Sentencing Commission shall review and, if 
appropriate, amend the sentencing guidelines and 
policy statements applicable to persons convicted of 
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alien smuggling offenses and criminal failure to 
heave to or obstruction of boarding. 
(2) CONSIDERATIONS.—In carrying out this 
section, the Sentencing Commission, shall— 
(A) consider providing sentencing enhance-
ments or stiffening existing enhancements for 
those convicted of offenses described in sub-
section (a) that— 
(i) involve a pattern of continued and 
flagrant violations; 
(ii) are part of an ongoing commercial 
organization or enterprise; 
(iii) involve aliens who were trans-
ported in groups of ten or more; 
(iv) involve the transportation or 
abandonment of aliens in a manner that 
endangered their lives; or 
(v) involve the facilitation of terrorist 
activity; and 
(B) consider cross-references to the guide-
lines for Criminal Sexual Abuse and Attempted 
Murder. 
(3) EXPEDITED
PROCEDURES.—The Commis-
sion may promulgate the guidelines or amendments 
under this section in accordance with the procedures 
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set forth in section 21(a) of the Sentencing Act of 
1987, as though the authority under that Act had 
not expired. 
SEC. 204. ELIGIBILITY FOR STATE CRIMINAL ALIEN ASSIST-
ANCE PROGRAM FUNDING. 
(a) IN GENERAL.—The Attorney General shall— 
(1) determine annually which State or local ju-
risdictions are not in compliance with section 642 of 
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act (Public Law 104–208) and shall re-
port such determinations to Congress on March 1 of 
each year; and 
(2) issue a report concerning the compliance of 
any particular State or local jurisdiction at the re-
quest of any Member of Congress. 
(b) INCARCERATION.—Section 241(i) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(i)) is amended 
by adding at the end the following: 
‘‘(7) A State (or a political subdivision of a 
State) shall not be eligible to enter into a contrac-
tual arrangement under paragraph (1) if the State 
(or political subdivision) has been determined by the 
Attorney General to be out of compliance with sec-
tion 642 of the Illegal Immigration Reform and Im-
migrant Responsibility Act (Public Law 104–208). 
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Such State (or political subdivision) shall remain in-
eligible until the Attorney General determines that 
the State (or political subdivision) has come into 
compliance.’’. 
SEC. 205. ICE IMMIGRATION ENFORCEMENT AGENTS. 
(a) IN GENERAL.—The Secretary shall authorize all 
immigration enforcement agents and deportation officers 
of Immigration and Customs Enforcement who have suc-
cessfully completed basic immigration law enforcement 
training to exercise the powers conferred by— 
(1) section 287(a)(5)(A) of the Immigration 
and Nationality Act to arrest for any offense against 
the United States; 
(2) section 287(a)(5)(B) of the Immigration 
and Nationality Act to arrest for any felony; 
(3) section 274(a) of the Immigration and Na-
tionality Act to arrest for bringing in, transporting, 
or harboring certain aliens, or inducing them to 
enter; 
(4) section 287(a) of the Immigration and Na-
tionality Act to execute warrants of arrest for ad-
ministrative immigration violations issued under sec-
tion 236 of the Act or to execute warrants of crimi-
nal arrest issued under the authority of the United 
States; and 
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(5) section 287(a) of the Act to carry firearms, 
provided that they are individually qualified by 
training and experience to handle and safely operate 
the firearms they are permitted to carry, maintain 
proficiency in the use of such firearms, and adhere 
to the provisions of the enforcement standard 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. 206. ICE DETENTION ENFORCEMENT OFFICERS. 
(a) AUTHORIZATION.—The Secretary is authorized to 
hire 2,500 Immigration and Customs Enforcement deten-
tion enforcement officers. 
(b) DUTIES.—Detention enforcement officers who 
have successfully completed detention enforcement offi-
cers’ 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 ICE detention facilities; and 
(4) assisting in the processing of detainees. 
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SEC. 207. ADDITIONAL ICE DEPORTATION OFFICERS AND 
SUPPORT STAFF. 
(a) IN GENERAL.—The Secretary shall, subject to the 
availability of appropriations for such purpose, increase 
the number of positions for full-time active-duty Immigra-
tion 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. 208. ASSISTING GANG AND DRUG TASK FORCES. 
The Secretary shall assign at least one Immigration 
and Customs Enforcement deportation officer or immigra-
tion enforcement agent to serve as a member of any State 
or local gang or drug task force— 
(1) if the task force requests such assistance in 
writing to an ICE field office; and 
(2) for as long as the task force remains active 
and wants such assistance. 
SEC. 209. PROTECTING COMMUNITIES. 
(a) PRISONS AND JAILS.—The Secretary shall assign 
an Immigration and Customs Enforcement deportation of-
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ficer or immigration enforcement agent to every Federal, 
State, and County prison or jail facility. 
(b) DETAINERS.—Immigration and Customs En-
forcement deportation officers and immigration enforce-
ment agents assigned to a prison or jail facility are re-
quired to place a detainer on every alien they determine 
is unlawfully present in the United States. 
SEC. 210. PROTECTING PUBLIC SAFETY AND REMOVING 
CRIMINAL ALIENS. 
(a) NOTICES TO APPEAR.—Notwithstanding any 
other provision of law, immigration officers who encoun-
ter, under any circumstances, an alien listed in subsection 
(b) of this section are required to process such aliens and 
refer them for removal proceedings by issuing a Notice 
to Appear. 
(b) ALIENS COVERED.—Aliens covered by subsection 
(a) of this section include any alien who is unlawfully 
present in the United States, whether such alien entered 
without inspection or violated the terms of admission, and 
who: 
(1) Has been convicted of any felony; 
(2) Has been convicted of any two or more mis-
demeanors; 
(3) Has been convicted of a crime involving 
moral turpitude; 
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(4) Has been convicted of any felony or mis-
demeanor involving the operation of a vehicle while 
under the influence of alcohol or drugs; 
(5) Has been convicted of any felony or mis-
demeanor involving domestic violence, sexual assault, 
or sexual abuse of a child; 
(6) Has a known or suspected gang affiliation; 
(7) Assaults any law enforcement officer; or 
(8) Poses a risk to public safety or national se-
curity. 
SEC. 211. PILOT PROGRAM FOR ELECTRONIC FIELD PROC-
ESSING. 
(a) IN GENERAL.—The Secretary shall establish a 
pilot program in at least five of the 10 Immigration and 
Customs Enforcement field offices with the largest re-
moval caseloads to allow Immigration and Customs depor-
tation officers and immigration enforcement agents to— 
(1) electronically process and serve charging 
documents, including Notices to Appear, while in the 
field; and 
(2) electronically process and place detainers 
while in the field. 
(b) DUTIES.—The pilot program described in sub-
section (a) shall be designed to allow deportation officers 
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and immigration enforcement agents to use handheld or 
vehicle-mounted computers to— 
(1) enter any required data, including personal 
information about the alien subject and the reason 
for issuing the document; 
(2) apply the electronic signature of the issuing 
officer or agent; 
(3) set the date the alien is required to appear 
before an immigration judge, in the case of Notices 
to Appear; 
(4) print any documents the alien subject may 
be required to sign, along with additional copies of 
documents to be served on the alien; and 
(5) interface with the ENFORCE database so 
that all data is stored and retrievable. 
(c) CONSTRUCTION.—The pilot program described in 
subsection (a) shall be designed to replace, to the extent 
possible, the current paperwork and data-entry process 
used for issuing such charging documents and detainers. 
(d) DEADLINE.—The Secretary shall initiate the pilot 
program described in subsection (a) within 6 months of 
the date of enactment of this Act. 
(e) REPORT.—The Government Accountability Office 
shall report to the Judiciary Committee of the Senate and 
the House of Representatives no later than 18 months 
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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 217 of this Act shall include an rec-
ommendations on how the pilot program should work in 
the first quarterly report of the Council, and shall include 
assessments of the program and recommendations for im-
provement in each subsequent report. 
SEC. 212. RESTRICTING VISAS FOR COUNTRIES THAT 
REFUSE TO REPATRIATE THEIR NATIONALS. 
(a) PENALTIES RELATED
TO REMOVAL.—Section 
243 of the Immigration and Nationality Act (8 U.S.C. 
1253) is amended by striking subsection (d). 
(b) COUNTRIES TO WHICH ALIENS MAY BE RE-
MOVED.—Section 241(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1231(b)) is amended by adding at the 
end the following: 
‘‘(4) DISCONTINUING GRANTING CERTAIN VISAS 
AND DENYING ADMISSION TO NATIONALS OF COUN-
TRY DENYING OR DELAYING ACCEPTING ALIENS.— 
‘‘(A) DISCONTINUING GRANTING VISAS.— 
Except as provided under subparagraph (C), if 
a country is listed in the most recent quarterly 
report submitted by the Secretary of Homeland 
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Security to the Congress under subparagraph 
(E), the Secretary of State may not issue a 
nonimmigrant 
visa 
pursuant 
to 
section 
101(a)(15) to a citizen, subject, national, or 
resident of such country until— 
‘‘(i) the Secretary of Homeland Secu-
rity notifies the Secretary of State that the 
country should no longer be so listed; or 
‘‘(ii) each alien listed in the report 
with respect to such country has otherwise 
been removed from the United States. 
‘‘(B) DENYING ADMISSION TO NATIONALS 
AND
FOREIGN
GOVERNMENT
OFFICIALS.—Ex-
cept as provided under subparagraph (C), if a 
country is listed in the most recent quarterly 
report submitted by the Secretary of Homeland 
Security to the Congress under subparagraph 
(E), the Secretary of Homeland Security, in 
consultation with the Secretary of State, shall 
deny admission to any citizen, subject, national, 
or resident of that country who has received a 
nonimmigrant 
visa 
pursuant 
to 
section 
101(a)(15). 
‘‘(C) 
EXCEPTION.—Subparagraphs 
(A) 
and (B) do not apply if the Secretary of State 
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determines that the life or freedom of the visa 
applicant or individual seeking admission would 
be threatened in the country listed under sub-
paragraph (E). 
‘‘(D) 
EFFECT
OF
UNAUTHORIZED 
ISSUANCE.—Any visa issued in violation of this 
paragraph shall be null and void. 
‘‘(E) QUARTERLY
REPORTS.—Not later 
than 90 days after the date of the enactment of 
this Act, and every 3 months thereafter, the 
Secretary of Homeland Security shall submit a 
report to the Congress that— 
‘‘(i) lists all the countries that deny or 
unreasonably delay the acceptance of at 
least 10 percent of the total number of 
aliens who— 
‘‘(I) are physically present in the 
United States; 
‘‘(II) are a citizen, subject, na-
tional, or resident of such country; 
and 
‘‘(III) have received a final order 
of removal; and 
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‘‘(ii) includes the total number of 
aliens described under clause (i), organized 
by— 
‘‘(I) name; 
‘‘(II) country; 
‘‘(III) detention status; and 
‘‘(IV) criminal status. 
‘‘(F) COMPLIANCE WITH REPATRIATION.— 
If the Secretary of Homeland Security deter-
mines that a country listed in the quarterly re-
port under subparagraph (E) has accepted each 
alien listed with respect to that country under 
subparagraph (E)(ii), the country shall be re-
moved from the list in the next quarterly report 
submitted under subparagraph (E) and shall 
not be subject to the sanctions described in this 
paragraph, unless subparagraph (E) applies to 
such country with respect to another alien. 
‘‘(G) 
DENIES
OR
UNREASONABLY 
DELAYS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided under clause (ii), in this paragraph, 
a country ‘denies or unreasonably delays’ 
the acceptance of an alien who is a citizen, 
subject, national, or resident of the country 
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if the country does not accept the alien 
within the removal period. 
‘‘(ii) ALIEN THAT MAY NOT BE RE-
MOVED.—For purposes of clause (i), a 
country does not deny or unreasonably 
delay the acceptance of an alien who is a 
citizen, subject, national, or resident of the 
country if such alien may not be removed 
pursuant to this section.’’. 
SEC. 213. ADDITIONAL ICE DETENTION SPACE. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall make arrangements for the availability of 10,000 
additional beds for detaining aliens taken into custody by 
immigration officials. 
(b) IMPLEMENTATION.—Efforts shall be made to— 
(1) contract private facilities whenever possible 
to promote efficient use and to limit the Federal 
Government’s maintenance of and liability for addi-
tional infrastructure; 
(2) utilize State and local facilities for the pro-
vision of additional beds; and 
(3) utilize BRAC facilities or active duty facili-
ties. 
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(c) CONSTRUCTION.—The Department of Homeland 
Security shall construct facilities as necessary to meet the 
remainder of the 10,000 new beds to be provided. 
SEC. 214. ADDITIONAL IMMIGRATION JUDGESHIPS AND 
LAW CLERKS. 
(a) JUDGESHIPS.—The Attorney General shall create 
and fill twenty additional Immigration Judgeships within 
6 months after the date of enactment of this Act. 
(b) CLERKSHIPS.—The Attorney General shall also 
ensure that for every 2 Immigration Judges there shall 
be no fewer than one law clerk dedicated to assisting Im-
migration Judges. 
SEC. 215. ADDITIONAL ICE PROSECUTORS. 
The Secretary shall increase by sixty the number of 
full-time trial attorneys working for the Immigration and 
Customs Enforcement Office of the Principal Legal Advi-
sor. 
SEC. 216. ENSURING THE SAFETY OF ICE OFFICERS AND 
AGENTS. 
(a) BODY ARMOR.—The Secretary shall ensure that 
every Immigration and Customs Enforcement deportation 
officer and immigration enforcement agent on duty is 
issued high-quality body armor that is appropriate for the 
climate and risks faced by the agent. Enough body armor 
must be purchased to cover every agent in the field. 
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(b) WEAPONS.—The Secretary shall ensure that Im-
migration and Customs Enforcement deportation officers 
and immigration enforcement agents are equipped with 
weapons that are reliable and effective to protect them-
selves, their fellow agents, and innocent third parties from 
the threats posed by armed criminals. Such weapons shall 
include, at a minimum, standard-issue handguns, M–4 (or 
equivalent) rifles, and Tasers. 
SEC. 217. ICE ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—An ICE Advisory Council 
shall be established within 3 months of enactment of this 
Act. 
(b) MEMBERSHIP.—The ICE Advisor Council shall 
be comprised of seven members. 
(1) Members are to be appointed in the fol-
lowing manner: 
(A) One member shall be appointed by the 
President; 
(B) One member shall be appointed by the 
Chairman of the Judiciary Committee of the 
House of Representatives; 
(C) One member shall be appointed by the 
Chairman of the Judiciary Committee of the 
Senate; 
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(D) One member shall be appointed by the 
Local 511, the ICE prosecutor’s union; and 
(E) Three members shall be appointed by 
the National Immigration and Customs En-
forcement Council. 
(2) Members shall serve renewable, 2-year 
terms. 
(3) Membership shall be voluntary and non-re-
munerated, except that members will receive reim-
bursement from ICE for travel and other related ex-
penses. 
(4) Members who are employed by ICE shall be 
protected from retaliation by their supervisors, man-
agers, and other DHS employees for their participa-
tion on the Council. 
(c) PURPOSE.—The purpose of the Council is to ad-
vise the Congress and the Director of Immigration and 
Customs Enforcement on issues including the following: 
(1) The current status of ICE immigration en-
forcement efforts, including prosecutions and remov-
als, the effectiveness of such efforts, and how en-
forcement could be improved; 
(2) The effectiveness of cooperative efforts be-
tween ICE and other law enforcement agencies, in-
cluding additional types of enforcement activities 
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that ICE should be engaged in, such as State and 
local criminal task forces; 
(3) Personnel, equipment, and other resource 
needs of ICE field personnel; 
(4) Improvements that should be made to ICE’s 
organizational structure, including whether the posi-
tion of immigration enforcement agent should be 
merged into the deportation officer position; and 
(5) The effectiveness of specific enforcement 
policies and regulations promulgated by ICE Head-
quarters, and whether other enforcement priorities 
should be considered. 
(d) 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 Director of Immigration and Cus-
toms Enforcement. The Council members shall meet di-
rectly with the Chairmen and Ranking Members (or their 
designated representatives) and with the Director to dis-
cuss their reports every 6 months. 
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TITLE 
III—GAINING 
OPER-
ATIONAL CONTROL OF AMER-
ICA’S BORDERS 
SEC. 301. AUTOMATED ENTRY-EXIT CONTROL SYSTEM. 
(a) SYSTEM.—Not later than 2 years after the date 
of the enactment of this Act, the Secretary shall develop 
the biometric automated entry and exit control system re-
quired by Sec. 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104– 
208), which was duly enacted by Congress and signed into 
law. 
(b) PILOT EXIT PROGRAMS.—Not later than 6 
months after the date of enactment of this Act, the Sec-
retary shall establish biometric exit pilot programs at a 
minimum of 10 land ports of entry, including at least two 
each in California, Arizona, New Mexico, and Texas, and 
at least two on the United States-Canada border. 
(c) PURPOSE.—Such pilot programs, at a minimum 
shall match all nonimmigrant visa holders who depart the 
United States through the pilot port with their initial 
entry into the United States and report whether they de-
parted within the terms of their visas. 
(d) DHS REPORT.—The Secretary shall report to 
Congress no later than one year after the date of enact-
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aerial vehicles, tethered aerostat radars, and other surveil-
lance equipment, to assist the Secretary in carrying out 
surveillance activities conducted at or near the inter-
national land borders of the United States to prevent ille-
gal immigration. 
(b) REPORT.—Not later than 6 months after the date 
of enactment of this Act (and then annually from that 
point), the Secretary and the Secretary of Defense shall 
submit to Congress a report that contains— 
(1) a description of the current use of Depart-
ment of Defense equipment to assist the Secretary 
in carrying out surveillance of the international land 
borders of the United States and assessment of the 
potential risks to citizens of the United States and 
key foreign policy interests associated with the use 
of such equipment; 
(2) the plan developed under subsection (a) to 
increase the use of Department of Defense equip-
ment to assist such surveillance activities; and 
(3) a description of the types of equipment and 
other support to be provided by the Secretary of De-
fense under such plan during the 1-year period be-
ginning on the date of the submission of the report. 
(c) SECURE COMMUNICATION.—The secretary shall, 
as expeditiously as practicable, develop and implement a 
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