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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, MONDAY, JUNE 24, 2013 No. 91 House of Representatives The House met at 11 a.m. and was by the oak of Mamre. Bless this Cham- enrolled bill was signed by Speaker pro called to order by the Speaker pro tem- ber in the days to come with the same tempore WOLF on Thursday, June 20, pore (Mr. HARRIS). spirit of hospitality so that all Ameri- 2013: f cans might know that in the people’s H.R. 475, to amend the Internal Rev- House all voices are respected, even enue Code of 1986 to include vaccines DESIGNATION OF THE SPEAKER those with whom there is disagree- PRO TEMPORE against seasonal influenza within the ment. definition of taxable vaccines. The SPEAKER pro tempore laid be- May all that is done be for Your fore the House the following commu- greater honor and glory. nication from the Speaker: Amen. f WASHINGTON, DC, f June 24, 2013. ENROLLED BILL SIGNED I hereby appoint the Honorable ANDY HAR- THE JOURNAL RIS to act as Speaker pro tempore on this The SPEAKER pro tempore. The Karen L. Haas, Clerk of the House, day. Chair has examined the Journal of the reported and found truly enrolled a bill JOHN A. BOEHNER, last day’s proceedings and announces of the House of the following title, Speaker of the House of Representatives. to the House his approval thereof. which was thereupon signed by Speak- f Pursuant to clause 1, rule I, the Jour- er pro tempore WOLF on June 20, 2013. PRAYER nal stands approved. H.R. 475. An act to amend the Internal f Revenue Code of 1986 to include vaccines The Chaplain, the Reverend Patrick against seasonal influenza within the defini- J. Conroy, offered the following prayer: PLEDGE OF ALLEGIANCE tion of taxable vaccines. Loving God, we give You thanks for The SPEAKER pro tempore. The giving us another day. Chair will lead the House in the Pledge As the energy and tensions of these f of Allegiance. legislative days play out, may there be The SPEAKER pro tempore led the ADJOURNMENT peace among the Members of the peo- Pledge of Allegiance as follows: ple’s House. Grant that all might be I pledge allegiance to the Flag of the The SPEAKER pro tempore. Without confident in the mission they have United States of America, and to the Repub- objection, the House stands adjourned been given and buoyed by the spirit of lic for which it stands, one nation under God, until noon tomorrow for morning-hour our ancestors who built our Republic indivisible, with liberty and justice for all. debate. through many trials and contentious f debates. May all strive with noble sin- There was no objection. cerity for the betterment of our Na- ANNOUNCEMENT BY THE SPEAKER Thereupon (at 11 o’clock and 3 min- tion. PRO TEMPORE utes a.m.), under its previous order, the Many centuries ago, You blessed The SPEAKER pro tempore. Pursu- House adjourned until tomorrow, Tues- Abraham for his welcome to strangersh ant to clause 4 of rule I, the following day, June 25, 2013, at noon. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the second quarter of 2013 pursuant to Public Law 95–384 are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, EMILY M. PEREZ, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 9 AND MAY 14, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign U.S. dollar equiva- Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency lent or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Emily M. Perez ...... 5/10 5/12 Afghanistan ...... 28.00 ...... 3411,905.10 ...... 11,933.10 5/12 5/13 United Arab Emirates ...... 185.96 ...... 236.87 ...... 422.83

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H3993

VerDate Mar 15 2010 23:41 Jun 24, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8634 E:\CR\FM\A24JN7.000 H24JNPT1 rfrederick on DSK7SPTVN1PROD with HOUSE H3994 CONGRESSIONAL RECORD — HOUSE June 24, 2013 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, EMILY M. PEREZ, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 9 AND MAY 14, 2013—Continued

Committee total ...... 231.96 ...... 11,905.10 ...... 236.87 ...... 12,355.93 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Transportation inclusive for two. MS. EMILY M. PEREZ, June 12, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JONNI KABERLE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 24 AND MAY 27, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Jonni Kaberle ...... 5/24 5/27 Jordan ...... 1,141.71 ...... 6,462.90 ...... 312.50 ...... 7,917.11 Committee total ...... 1,141.71 ...... 6,462.90 ...... 312.50 ...... 7,917.11 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JONNI KABERLE, June 19, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO LUXEMBOURG, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 18 AND MAY 20, 2013

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Mike Turner ...... 5/18 5/20 Luxembourg ...... 838.00 ...... 4,575.00 ...... 5,413.00 Hon. Ted Poe ...... 5 /18 5 /20 Luxembourg ...... 838.00 ...... 2,728.00 ...... 3,666.00 Hon. David Scott ...... 5 /18 5 /20 Luxembourg ...... 838.00 ...... 4,575.00 ...... 5,413.00 Hon. Tom Marino ...... 5/18 5/20 Luxembourg ...... 838.00 ...... 4,575.00 ...... 5,413.00 Jeff Dressler ...... 5/18 5/20 Luxembourg ...... 838.00 ...... 2,728.00 ...... 3,666.00 Janice Robinson ...... 5/18 5/20 Luxembourg ...... 838.00 ...... 1,544.00 ...... 2,382.00 David Fite ...... 5/18 5/20 Luxembourg ...... 838.00 ...... 1,544.00 ...... 2,382.00 Committee total ...... 5,866.00 ...... 22,269.00 ...... 28,135.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. MICHAEL B. TURNER, June 7, 2013.

EXECUTIVE COMMUNICATIONS, 1952. A communication from the President 1957. A letter from the Acting Under Sec- ETC. of the United States, transmitting a notifi- retary, Department of Defense, transmitting cation stating that the national emergency, a forward to the Federal Voting Assistance Under clause 2 of rule XIV, executive declared in Executive Order 13466 of June 26, Program’s 2010 Electronic Voting Support communications were taken from the 2008, is to continue in effect beyond June 26, Wizard Pilot Program Report to Congress; to Speaker’s table and referred as follows: 2013, pursuant to 50 U.S.C. 1622(d); (H. Doc. the Committee on House Administration. 1947. A letter from the Acting Under Sec- No. 113—40); to the Committee on Foreign 1958. A letter from the Secretary, Depart- retary, Department of Defense, transmitting Affairs and ordered to be printed. ment of Health and Human Services, trans- authorization of Brigadier General Marshall 1953. A letter from the Acting Assistant mitting Fiscal Year 2011 Report to Congress B. Webb and Colonel Ronald D. Buckley, Secretary, Department of State, transmit- on Funding Needs for Contract Support United States Air Force, to wear the author- ting a six-month periodic report on the na- Costs of Self-Determination Awards, cor- tional emergency with respect to the pro- ized insignia of the major general and briga- rected; to the Committee on Natural Re- liferation of weapons of mass destruction dier general, respectively; to the Committee sources. that was declared in Executive Order 12938 of on Armed Services. November 14, 1994, and continued by the f 1948. A letter from the Acting Under Sec- President each year, most recently on No- retary, Department of Defense, transmitting REPORTS OF COMMITTEES ON vember 1, 2012; to the Committee on Foreign a letter on the approved retirement of Vice PUBLIC BILLS AND RESOLUTIONS Affairs. Admiral Joseph D. Kernan, United States 1954. A communication from the President Under clause 2 of rule XIII, reports of Navy, and his advancement to the grade of of the United States, transmitting a notifi- committees were delivered to the Clerk vice admiral on the retired list; to the Com- cation of a deployment after the conclusion mittee on Armed Services. for printing and reference to the proper of a training exercise for a combat-equipped calendar, as follows: 1949. A letter from the Director, Wash- detachment; (H. Doc. No. 113—39); to the ington Headquarters Services, Department of Committee on Foreign Affairs and ordered to Mr. HASTINGS of Washington: Committee Defense, transmitting the Department’s be printed. on Natural Resources. H.R. 910. A bill to re- twenty-third annual report for the Pentagon 1955. A letter from the Principal Deputy authorize the Sikes Act (Rept. 113–119 Pt. 1). Renovation and Construction Program Office Assistant Attorney General, Department of Referred to the Committee of the Whole (PENREN); to the Committee on Armed Justice, transmitting the Department’s an- House on the state of the Union. Services. nual report for Fiscal Year 2012 prepared in Mr. HASTINGS of Washington: Committee 1950. A letter from the Chairman, Board of accordance with Section 203(a) of the Notifi- on Natural Resources. H.R. 1299. A bill to Governors of the Federal Reserve System, cation and Federal Employee Antidiscrimi- provide for the transfer of certain public transmitting the ninety-ninth Annual Re- nation and Retaliation Act of 2002 (No FEAR land currently administered by the Bureau port for Calendar Year 2012; to the Com- Act), Public Law 107-174; to the Committee of Land Management to the administrative mittee on Financial Services. on Oversight and Government Reform. jurisdiction of the Secretary of the Army for 1951. A letter from the Chairman and Presi- 1956. A letter from the Secretary, Depart- inclusion in White Sands Missile Range, New dent, Export-Import Bank, transmitting a ment of Veterans Affairs, transmitting the Mexico, and for other purposes; with an report on transactions involving U.S. exports semiannual report on activities of the In- amendment (Rept. 113–120 Pt. 1). Referred to to Air Astana JSC of Almaty, Kazakhstan spector General for the period October 1, the Committee of the Whole House on the pursuant to Section 2(b)(3) of the Export-Im- 2012, through March 31, 2013; to the Com- state of the Union. port Bank Act of 1945, as amended; to the mittee on Oversight and Government Re- Mr. HASTINGS of Washington: Committee Committee on Financial Services. form. on Natural Resources. H.R. 1672. A bill to

VerDate Mar 15 2010 23:41 Jun 24, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A24JN7.003 H24JNPT1 rfrederick on DSK7SPTVN1PROD with HOUSE June 24, 2013 CONGRESSIONAL RECORD — HOUSE H3995 withdraw and reserve certain public lands Pursuant to clause 2 of rule XIII, the Congress has the power to enact this legis- administered by the Bureau of Land Manage- Committee on Armed Services dis- lation pursuant to the following: ment for exclusive military use as part of charged from further consideration. The Constitutional authority on which the Limestone Hills Training Area, Montana, H.R. 1673 referred to the Committee of this bill rests is enumerated in Section 8 of and for other purposes; with an amendment Article I of the United States Constitution, (Rept. 113–121 Pt. 1). Referred to the Com- the Whole House on the state of the which provides that ‘‘The Congress shall mittee of the Whole House on the state of Union. have Power To lay and collect Taxes, Duties, the Union. Pursuant to clause 2 of rule XIII, the Imports and Excises, to pay the Debts and Mr. HASTINGS of Washington: Committee Committee on Armed Services dis- provide for the common Defence and general on Natural Resources. H.R. 1673. A bill to charged from further consideration. Welfare of the United States; but all Duties, provide for the transfer of certain public H.R. 1691 referred to the Committee of Imposts and Excises shall be uniform land currently administered by the Bureau the Whole House on the state of the throughout the United States’’ of Land Management to the administrative jurisdiction of the Secretary of the Navy for Union. f inclusion in Naval Air Weapons Station f China Lake, California, and for other pur- ADDITIONAL SPONSORS PUBLIC BILLS AND RESOLUTIONS poses; with an amendment (Rept. 113–122 Pt. Under clause 7 of rule XII, sponsors 1). Referred to the Committee of the Whole Under clause 2 of rule XII, House on the state of the Union. were added to public bills and resolu- Mr. HANNA introduced A bill (H.R. 2476) to tions as follows: Mr. HASTINGS of Washington: Committee amend the Internal Revenue Code of 1986 to on Natural Resources. H.R. 1676. A bill to allow a $1,000 refundable credit for individ- H.R. 367: Mr. NUNES. delegate the Johnson Valley National Off- uals who are bona fide volunteer members of H.R. 451: Mr. DEUTCH and Mr. BILIRAKIS. Highway Vehicle Recreation Area in San volunteer firefighting and emergency med- H.R. 497: Mr. QUIGLEY. Bernardino County, California, to authorize ical service organizations; which was re- H.R. 685: Mr. WHITFIELD. limited military use of the area, to provide ferred to the Committee on Ways and Means. H.R. 698: Mr. MCDERMOTT, Mr. SEAN PAT- for the transfer of the Southern Study Area RICK MALONEY of New York, Mr. CART- to the administrative jurisdiction of the Sec- f WRIGHT, Ms. JACKSON LEE, and Mr. YOUNG of retary of the Navy for inclusion in the Ma- MEMORIALS Florida. rine Corps Air Ground Combat Center H.R. 920: Mr. BARROW of Georgia. Twentynine Palms, and by recreational Under clause 3 of rule XII, memorials H.R. 961: Mr. MAFFEI and Mr. JOHNSON of users, and for other purposes; with an were presented and referred as follows: Georgia. amendment (Rept. 113–123 Pt. 1). Referred to 56. The SPEAKER presented a memorial of H.R. 1024: Mr. HALL. the Committee of the Whole House on the the House of Representatives of the State of H.R. 1429: Mr. CONYERS. state of the Union. Louisiana, relative to House Concurrent Res- H.R. 1443: Ms. BROWNLEY of California. Mr. HASTINGS of Washington: Committee olution No. 60 urging the United States Con- H.R. 1771: Mr. CICILLINE. on Natural Resources. H.R. 1691. A bill to gress to take necessary actions to preclude H.R. 1821: Ms. LEE of California. provide for the transfer of certain public or delay the increase in premium fees for the H.R. 1825: Mr. WENSTRUP. land currently administered by the Bureau National Flood Insurance Program until fur- H.R. 1869: Mr. BARTON, Mr. GOHMERT, Mr. of Land Management to the administrative ther study can be done; to the Committee on LAMALFA, Mr. PEARCE, Mr. PITTENGER, Mr. jurisdiction of the Secretary of the Navy for Financial Services. FRANKS of Arizona, Mr. DUNCAN of South inclusion in the Chocolate Mountain Aerial 57. Also, a memorial of the House of Rep- Carolina, Mr. SMITH of Nebraska, and Mr. Gunnery Range, California, and for other resentatives of the State of Louisiana, rel- HANNA. purposes; with an amendment (Rept. 113–124 ative to Concurrent House Resolution No. 58 H.R. 2016: Ms. LOFGREN. Pt. 1). Referred to the Committee of the urging the United States Congress to take H.R. 2289: Mr. GOHMERT, Mr. NEUGEBAUER, Whole House on the state of the Union. necessary actions to adopt and enact the Mr. WEBER of Texas, Mr. POE of Texas, Mr. Mr. HASTINGS of Washington: Committee Fixing America’s Inequities with Revenue SESSIONS, Mr. THORNBERRY, Mr. STOCKMAN, on Natural Resources. H.R. 2231. A bill to (FAIR) Act; to the Committee on Natural and Mr. BARTON. amend the Outer Continental Shelf Lands Resources. H.R. 2403: Mr. MARCHANT. Act to increase energy exploration and pro- 58. Also, a memorial of the House of Rep- duction on the Outer Continental Shelf, pro- resentatives of the State of Arizona, relative f vide for equitable revenue sharing for all to House Memorial 2002 urging the United coastal States, implement the reorganiza- States Congress to propose an amendment to PETITIONS, ETC. tion of the functions of the former Minerals the Constitution of the United States to pro- Under clause 3 of rule XII, petitions Management Service into distinct and sepa- vide rights to victims of crime; to the Com- rate agencies, and for other purposes; with and papers were laid on the clerk’s mittee on the Judiciary. desk and referred as follows: an amendment (Rept. 113–125). Referred to 59. Also, a memorial of the House of Rep- the Committee of the Whole House on the resentatives of the State of Louisiana, rel- 26. The SPEAKER presented a petition of state of the Union. ative to House Concurrent Resolution No. 40 the Parish Council of St. Charles Parish, LA, DISCHARGE OF COMMITTEE urging the Congress to review and consider relative to Resolution No. 5990 requesting Pursuant to clause 2 of rule XIII, the eliminating provisions of federal law which that Congress amend or revise the Biggert- Committee on Armed Services dis- reduce Social Security benefits for those re- Waters Flood Insurance Reform Act; to the Committee on Financial Services. charged from further consideration. ceiving pension benefits from federal, state, or local government retirement or pension 27. Also, a petition of the Legislature of H.R. 910 referred to the Committee of Rockland County, NY, relative to Resolution the Whole House on the state of the systems; to the Committee on Ways and Means. No. 227 urging the United States Congress to Union. 60. Also, a memorial of the House of Rep- pass Senate Bill S. 84 and House Bill H.R. Pursuant to clause 2 of rule XIII, the resentatives of the State of Louisiana, rel- 377, The Paycheck Fairness Act of 2013; to Committee on Armed Services dis- ative to House Concurrent Resolution No. 54 the Committee on Education and the Work- charged from further consideration. urging the United States Congress to pass force. H.R. 1299 referred to the Committee of the ABLE Act; jointly to the Committees on 28. Also, a petition of the Voters of the the Whole House on the state of the Ways and Means and Energy and Commerce. town of Sandwich, MA, relative to urging the United States Congress to pass an amend- Union. f ment to reverse the Citizens United Deci- Pursuant to clause 2 of rule XIII, the sion, restore the first amendment and fair Committee on Armed Services dis- CONSTITUTIONAL AUTHORITY STATEMENT elections; to the Committee on the Judici- charged from further consideration. ary. H.R. 1676 referred to the Committee of Pursuant to clause 7 of rule XII of 29. Also, a petition of the City Council of the Whole House on the state of the the Rules of the House of Representa- Anaheim, CA, relative to Resolution No. Union. tives, the following statements are sub- 2013-053 expressing support for comprehen- Pursuant to clause 2 of rule XIII, the mitted regarding the specific powers sive Federal Immigration Reform; to the Committee on Armed Services dis- granted to Congress in the Constitu- Committee on the Judiciary. 30. Also, a petition of the Board of Alder- charged from further consideration. tion to enact the accompanying bill or men of the City of Somerville, MA, relative H.R. 1672 referred to the Committee of joint resolution. to a resolution supporting comprehensive the Whole House on the state of the Mr. HANNA: immigration reform; to the Committee on Union. H.R. 2476. the Judiciary.

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Vol. 159 WASHINGTON, MONDAY, JUNE 24, 2013 No. 91 Senate The Senate met at 12 noon and was THE FARM BILL portant reforms to both farm and food called to order by the President pro Mr. REID. Mr. President, I have often stamp programs without balancing the tempore (Mr. LEAHY). said that Speaker BOEHNER has a hard budget on the backs of hungry Ameri- job. That was obvious last week when cans. PRAYER the House Republican caucus revolted I spoke over the weekend to Tom The Chaplain, Dr. Barry C. Black, of- to defeat the Speaker’s farm bill. Even Vilsack, the Secretary of Agriculture. fered the following prayer: though the Speaker took the unusual We agreed that maintaining the status Let us pray. step of announcing his support for the quo is not an option. Doing nothing Almighty God, who in Your infinite measure ahead of the vote, this bill means no reform, no deficit reduction, wisdom ordained that we might live went down in flames. It was the first and no certainty for America’s 16 mil- our lives within the narrow boundaries time the House of Representatives has lion farm industry workers. of time and circumstances, we honor defeated a farm bill since the program I want everyone within the sound of Your Name. was created in the 1930s. my voice as well as my colleagues on Today, supply our Senators with the I admit I was sorry to hear the House the other side of the Capitol to know strength they need to serve You. Help Republican leadership blame the bill’s that the Senate will not pass another them to seize the opportunities to defeat on Democrats, but I was not sur- temporary farm bill extension. It is strengthen our Nation, bringing deliv- prised. They had to blame someone. time for real reform that protects both erance to captives and letting the op- They could not blame themselves, even rural farm communities and urban pressed go free. Lord, keep them from though they should. It was no surprise families who need help feeding their any temptation that would prevent that House Democrats opposed this children. them from glorifying You. Send Your mean-spirited bill. The legislation If the Speaker took up the Senate’s spirit into their minds, and illuminate would cut $20 billion from the safety bipartisan measure, it would easily their understanding with insight and net that keeps millions of Americans, pass the House with both Republican discernment. including millions of children, from and Democratic votes. There is no We pray in Your holy Name. Amen. going hungry every year. That is what shame in passing a bill that moderates it was about. The farm bill eliminated in both parties support. We have seen f 8 billion meals for hungry American time and time again that the tea par- PLEDGE OF ALLEGIANCE families and children. That is what the ty’s ‘‘my way or the highway’’ ap- The President pro tempore led the House bill did. So it is no surprise that proach to legislating does not work. Pledge of Allegiance, as follows: Democrats did not vote for a bill that The only way to pass a bill in either I pledge allegiance to the Flag of the whacked America’s most vulnerable the House or the Senate is to do so United States of America, and to the Repub- citizens. with votes from both Democrats and lic for which it stands, one nation under God, We have seen this film before. The Republicans. The Senate farm bill indivisible, with liberty and justice for all. Speaker should have known he could passed with 66 votes in this Chamber. f not pass legislation that amounts to a It was a perfect example of a bipartisan partisan love note to the tea party. He bill. The Speaker should allow a vote RECOGNITION OF THE MAJORITY will be forced to take up a more bipar- on this measure in the House now— LEADER tisan measure. He should do it now. today. The PRESIDENT pro tempore. The There is no need to reinvent the wheel. The immigration bill before the Sen- majority leader is recognized. The Senate has already done the work ate is another example of bipartisan f that was necessary to be done. We legislation. The immigration bill will passed a good bipartisan bill. The pass this Chamber with Democratic SCHEDULE Speaker should dispense with the and Republican votes. When the immi- Mr. REID. Mr. President, following drama and the delay and take up the gration bill passes, the Speaker should any leader remarks the Senate will re- Senate farm bill now. The bill passed quickly bring it up for a vote in the sume consideration of the immigration on an overwhelming bipartisan vote in House of Representatives. bill. The filing deadline for second-de- this Chamber. In fact, it did twice. We So I say, Mr. Speaker, rather than gree amendments to the Leahy amend- passed it last year. The Speaker re- twisting the arms of tea party extrem- ment No. 1183, as modified, is 4 p.m. fused to bring up the bill in the House. ists, work with moderates in both par- today. At 5:30 p.m. there will be a clo- Passing the Senate farm bill will cre- ties to pass bipartisan legislation. Mr. ture vote on the Leahy amendment, as ate jobs, will reduce the deficit by Speaker, rather than trying to force modified. some $23 billion, and it will make im- legislation designed to please only the

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S4987

VerDate Mar 15 2010 23:46 Jun 24, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.000 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S4988 CONGRESSIONAL RECORD — SENATE June 24, 2013 right wing, you should take away the p.m. will be equally divided between Gang of 8, of course, gets all the atten- obstacles we have and take the easy the two managers or their designees. tion, but Senator LEAHY, the majority way out, actually. Do the right thing. The majority leader. leader, and so many others who have Seek votes from Democrats and Repub- CLOTURE MOTION added both merit and momentum to licans. America deserves the common- Mr. REID. Madam President, I have a this bill deserve to be praised as well. sense approach. That is what we used cloture motion at the desk, and I ask I particularly wish to congratulate to do. We should do it once again. that it be reported. Senator LEAHY, the majority leader, I suggest the absence of a quorum. The PRESIDING OFFICER. The clo- and the authors of the bill for the The PRESIDING OFFICER (Ms. ture motion having been presented transparent process with which we HIRONO). The clerk will call the roll. under rule XXII, the Chair directs the have debated this bill. I don’t know the Mr. REID. Madam President, I ask clerk to read the motion. sum total of all the amendments that unanimous consent that the order for The bill clerk read as follows: were considered by the Judiciary Com- mittee, but it was a long markup with the quorum call be rescinded. CLOTURE MOTION The PRESIDING OFFICER. Without virtually every idea and every amend- We, the undersigned Senators, in accord- ment vetted. objection, it is so ordered. ance with the provisions of rule XXII of the Mr. REID. Madam President, what is Standing Rules of the Senate, hereby move We have been standing on the floor of the pending business? to bring to a close debate on the committee- the Senate for nearly 2 weeks debating The PRESIDING OFFICER. We are reported substitute amendment to S. 744, a this bill. That is right and that is good. currently in leader remarks. No bill is bill to provide for comprehensive immigra- This is one of the most important bills currently pending. tion reform, and for other purposes. the Senate will talk about. This mat- Mr. REID. I would ask the Chair to Harry Reid, Patrick J. Leahy, Michael F. ters to millions of undocumented peo- Bennet, Charles E. Schumer, Richard ple all across this country, but it also close morning business and move to J. Durbin, Robert Menendez, Dianne whatever the business of the day is. matters to millions of other individ- Feinstein, Sheldon Whitehouse, Patty uals, families, and businesses who have f Murray, Debbie Stabenow, Robert P. Casey, Jr., Mark R. Warner, Thomas R. been weighed down by an immigration RESERVATION OF LEADER TIME Carper, Richard Blumenthal, Angus S. system that doesn’t work any longer. Today we will be debating a new The PRESIDING OFFICER. Under King, Jr., Christopher A. Coons, Chris- amendment on border security that the previous order, the leadership time topher Murphy . will, for many of us, be overkill. In is reserved. CLOTURE MOTION Mr. REID. Madam President, there is order to make sure the perfect doesn’t f a cloture motion at the desk. become the enemy of the good, this BORDER SECURITY, ECONOMIC OP- The PRESIDING OFFICER. The clo- will bring this very important debate PORTUNITY, AND IMMIGRATION ture motion having been presented near to a close. I rise to talk about one additional MODERNIZATION ACT under rule XXII, the Chair directs the amendment I am offering that I hope clerk to read the motion. The PRESIDING OFFICER. Under the Senate will consider, amendment The bill clerk read as follows: the previous order, the Senate will re- No. 1451. It would, very simply, pro- sume consideration of S. 744, which the CLOTURE MOTION hibit the Department of Homeland Se- clerk will report. We, the undersigned Senators, in accord- curity from housing children in adult The bill clerk read as follows: ance with the provisions of rule XXII of the detention facilities. A bill (S. 744) to provide comprehensive im- Standing Rules of the Senate, hereby move There is already fairly good law and migration reform, and for other purposes. to bring to a close debate on S. 744, a bill to some good regulation on the books provide for comprehensive immigration re- Pending: form, and for other purposes. today that protect a lot of immigrant Leahy Modified amendment No. 1183, to Harry Reid, Patrick J. Leahy, Michael F. children from being held in difficult de- strengthen border security and enforcement. Bennet, Charles E. Schumer, Richard tention facilities. Many of these chil- Boxer/Landrieu amendment No. 1240, to re- J. Durbin, Robert Menendez, Dianne dren who are classified as ‘‘unaccom- quire training for National Guard and Coast Feinstein, Sheldon Whitehouse, Patty panied alien children’’ are required to Guard officers and agents in training pro- Murray, Debbie Stabenow, Robert P. be transferred to HHS custody within grams on border protection, immigration law Casey, Jr., Mark R. Warner, Thomas R. 72 hours. There is some good law and enforcement, and how to address vulnerable Carper, Richard Blumenthal, Angus S. good regulation built up around this populations, such as children and victims of King, Jr., Christopher A. Coons, Chris- crime. topher Murphy. issue already. Cruz amendment No. 1320, to replace title I The data we have been getting over Mr. REID. I ask unanimous consent the last several years does tell that of the bill with specific border security re- that the mandatory quorum required quirements, which shall be met before the current law doesn’t work for every Secretary of Homeland Security may process under rule XXII be waived for these child in the system. As we learned re- applications for registered immigrant status two cloture motions. cently, ICE data says as many as 1,336 or blue card status and to avoid Department The PRESIDING OFFICER. Without children were placed in adult facilities of Homeland Security budget reductions. objection, it is so ordered. between 2008 and 2012. Of these chil- Leahy (for Reed) amendment No. 1224, to Mr. REID. I ask unanimous consent dren, apparently 371 of them spent clarify the physical present requirements for that the time be divided equally. more than 3 months in an adult facil- merit-based immigrant visa applicants. The PRESIDING OFFICER. Without ity—3 months in an adult facility. Reid amendment No. 1551 (to modified objection, it is so ordered. amendment No. 1183), to change the enact- I want you to put yourself in the ment date. Mr. REID. I suggest the absence of a shoes of a little 12-year-old boy who Reid amendment No. 1552 (to the language quorum. may just be learning how to speak the proposed to be stricken by the reported com- The PRESIDING OFFICER. The English language, who maybe came mittee substitute amendment to the bill), to clerk will call the roll. here with his parents and his family change the enactment date. The bill clerk proceeded to call the but was picked up by himself, somehow Reid amendment No. 1553 (to amendment roll. through the system was separated from No. 1552), of a perfecting nature. Mr. MURPHY. I ask unanimous con- his family, locked up, and his family Reid motion to recommit the bill to the sent that the order for the quorum call may have some reluctance to come and Committee on the Judiciary, with instruc- be rescinded. tions, Reid amendment No. 1554, to change claim him because they, themselves, the enactment date. The PRESIDING OFFICER. Without are undocumented. They worry they Reid amendment No. 1555 (to the instruc- objection, it is so ordered. will be deported along with the child. tions of the motion to recommit), of a per- Mr. MURPHY. Madam President, I Think about sitting, as a 12-year-old fecting nature. rise today to speak on the immigration little boy, alone, perhaps uncomfort- Reid amendment No. 1556 (to amendment bill presently before the Senate. able about communicating, in an adult No. 1555), of a perfecting nature. First, I wish to congratulate the facility for 1, 2, or 3 days and then The PRESIDING OFFICER. Under leaders who have been able to bring imagine that for 1, 2, and 3 months. It the previous order, the time until 5:30 this bipartisan bill to the floor. The is unacceptable.

VerDate Mar 15 2010 05:15 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.001 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S4989 While DHS disputes some of these lying bill, my amendment would in- The majority leader has filed cloture numbers and is certainly doing what it clude a couple of additional categories and is blocking any further amend- can to make sure these children don’t that DHS is required to report so we ments from being in order unless he spend time in adult lockups, the law know where all these children are, the personally approves them. That is the can be clear and we can create, with conditions in which they are being parliamentary situation we are in this amendment, a very clear line for housed, and whether they have a law- today. We are in a situation in which all children, no matter how they are yer trying to look out for their inter- the majority leader will approve, per- categorized, to make sure they do not ests. sonally, any and all amendments that spend time in adult facilities. I think this is an amendment that get voted on. So he has once again cre- There are some very harsh realities can get bipartisan support. No matter ated a situation where Senators have for children who are locked up with where we stand on issues of border en- to play ‘‘Mother May I’’ to get a vote adults. We know this because we, un- forcement or a pathway to citizenship, on an amendment they feel is impor- fortunately, do this for documented we all believe a child that has been de- tant. This is not how the Senate should children—for American citizens. Too tained by ICE, likely through no fault be run. often when children are arrested on the of their own, deserves to be treated A duly elected Senator from any streets of this country, they get housed like a child; that they deserve to be State in America should be able to in adult criminal facilities within the housed with other children, if they come to the floor and get an amend- American justice system. The National can’t be returned to their family. This ment voted on without having to have Prison Rate Elimination Commission amendment would do that and I think the personal approval of the majority Report found incarcerated minors are would be another way, as we conclude leader. This trend has accelerated in recent years where it is truly damaging much more likely than adults to be the debate on one of the most impor- the whole role of the Senate, and we sexually abused, especially when they tant bills this body will take up this need more attention to that issue. This are locked up with adults. year, for Republicans and Democrats to is exactly what happened with Sometimes, to try to prevent this come together around our common val- ObamaCare. The majority rushed from happening, these children are put ues. through a complex bill so there would in isolation in ICE detention facilities. I yield the floor. I suggest the ab- That may protect the child from abuse, be no time to digest what was in it. sence of a quorum, and I ask unani- Just yesterday, on one of the Sunday but the isolation itself, which can go mous consent that the time during the programs, Bob Woodward, the famed on for days and days and days, causes quorum be equally divided. writer who dealt with the Nixon scan- serious psychological problems and The PRESIDING OFFICER. Without dal and other issues over the years, sometimes, the data shows, can lead to objection, it is so ordered. said this: suicide. The clerk will call the roll. Think also of one particular case— When you pass complicated legislation and The bill clerk proceeded to call the no one has really read the bill, the outcome Mariana, we will call her—of a 17-year- roll. is absurd. old who came from Guatemala. Mar- Mr. SESSIONS. Madam President, I I think that is too true, unfortu- iana was brought through the Mexican ask unanimous consent that the order nately. Senator REID has said many desert by one of these coyotes. The for the quorum call be rescinded. times we have to pass this bill by July journey was so difficult, the coyote The PRESIDING OFFICER. Without 4. Why is that? Is that his decision to just abandoned her, 17 years old, by objection, it is so ordered. make? herself in the middle of the desert. She Mr. SESSIONS. Madam President, Is it the other Senators’ decisions to managed to find her way to a highway under the rule, I believe I am allowed make? So to accomplish that goal, he and at that highway the Border Patrol to use the time of Senator GRASSLEY. has filed cloture immediately on this picked her up and took her to one of The PRESIDING OFFICER. The Sen- new substitute bill. He filed cloture as the holding facilities and threw her in ator may proceed. soon as it was filed to shut off debate. with a bunch of adults. Mr. SESSIONS. Madam President, That is the effect of what we are doing. She was 17 years old, but the Border the vote we will be having later this Why is there such urgency to pass Patrol officers insisted she looked like afternoon is not on a Corker-Hoeven legislation of this importance by Fri- she was in her twenties, and she didn’t amendment, as I think most Senators day? I am not aware that we have any have her birth certificate with her. So may have thought when they left town big business after the July 4th recess. the default was to put her in an adult Thursday and Friday. In fact, Thursday We could stay here through the July facility and to not believe her. Finally, night we were told the Hoeven-Corker 4th recess, for that matter. As Bill a couple of kind women in the facility amendment would be filed and, pre- Kristol, the writer and commentator, intervened and allowed her to call her sumably, we would then be debating noted yesterday on one of the pro- mother in Guatemala and get a copy of that amendment. As we went into the grams: her birth certificate. Finally, after all night, every hour being told it would There’s no urgency. Can we at least let this, she was transferred to HHS. soon be filed, it turned out it wasn’t people read it for a week? This shouldn’t happen. With this filed until almost noon Friday, and it The last thing Republicans should do amendment we can create a clearer wasn’t filed as the Corker-Hoeven is be enablers in the majority plan to line to make sure children such as Mar- amendment dealing with Border Patrol rush through the bill before people iana, and the hundreds who are even officers and fencing and some other know what is in it. Why should we en- younger than she, when they are issues, it was filed as a complete sub- able that? If this bill is so good, what picked up for whatever reason, are not stitute to the whole bill. is the harm of letting the Senators and housed with adults. The amendment This vote this afternoon will give the American public have a while to di- would require DHS to determine the Majority Leader REID procedural con- gest what is in it? Why not commit to child’s age when there is any notice or trol of the debate. It is his motion to open and extensive debate? We have an suspicion the detainee is a child under shut off debate on a 1,200-page sub- obligation to read a bill before we pass the age of 18. Then DHS would have to stitute—200 pages more than the bill it. If Senators have not read the 1,200- transfer or release the child, after de- we were looking at last week and that page substitute bill, they shouldn’t termining the child’s age, so children no one has read. vote to cut off debate. They should such as Mariana would not have to Our Senators haven’t had a chance to vote against that. wait and struggle themselves to get read the bill to see how the merged lan- Let me say what the problem is here. out of an adult detention center. guage falls throughout the legislation This is a new technique. Senator My amendment also would make it and to see what other changes may LAMAR ALEXANDER said some time ago, clear the best interest of the child have been made over the weekend. I that the truth is the Senate doesn’t do should be the main concern in transfer- was here. We have been trying to get comprehensive well. I think that was a ring or releasing the child. Finally, through this, but it is not easy. I am very serious comment after the failure building on some of the data reporting sure my colleagues haven’t been able of this last bill and after ObamaCare requirements that are in the under- to do so. and its massive power and overreach.

VerDate Mar 15 2010 23:46 Jun 24, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.004 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S4990 CONGRESSIONAL RECORD — SENATE June 24, 2013 So what has happened? What has hap- this is what happened in 1986, and Sen- Madam President, Senators have pened is Senators got together, as they ator GRASSLEY is so clear about that. been talking a good bit about the en- did with ObamaCare, basically in se- He voted for the 1986 bill, and he saw forcement that would occur under the cret, they wrote a 1,200-page bill in this the enforcement never occur. substitute that has been offered, but case, and they did talking points. The Under the substitute, illegal immi- the substitute does not change the fact talking points in a big bill like this— grants can still receive amnesty—not that no reduction in illegal immigra- and particularly this one—have had po- when the border is actually secure but tion is ever required. litical consultants, pollsters, all kinds when Secretary Napolitano tells the In the beginning, proponents touted of people organizing this campaign to Congress she is starting to secure the the bill’s requirements that the Sec- drive this legislation through the Sen- border. So it occurs when Secretary retary achieve and maintain 90 percent ate. They have had a response to every Napolitano—who is now not enforcing effectiveness in apprehending illegal criticism; they have had spin in every our laws—tells Congress she is starting border crossers. We don’t hear so much different way. They are running TV ad- to secure the border. about that anymore. That is because vertisements right now, I suppose, still Within 6 months of enactment, Sec- all that the bill requires now is that promoting this legislation as some- retary Napolitano need only submit to the Secretary submit a plan for achiev- thing it is not. Congress her views on a comprehensive ing and maintaining that rate, not that The talking points are designed to be southern border strategy and southern it actually be achieved. Even if this very popular. The talking points are border fencing strategy and give notice was a real requirement, it wouldn’t designed to be very much in accord that she has begun implementing her matter because it does not account for with most people’s views about what plans. those who evade detection at the bor- good legislation is. Indeed, I liked most At that point—which will likely der. During her testimony before the Ju- of the talking points myself. I would occur earlier, as Secretary Napolitano indicated during her testimony before diciary Committee, Secretary Napoli- vote for legislation that did most of tano all but acknowledged the effective that, for sure—if it did what it said. the Judiciary Committee—she may begin processing applications for and rate is meaningless because by defini- That is what is sold because nobody tion Homeland Security has no idea can articulate and explain the details then granting legal status, granting amnesty, and granting work and travel how many border crossings go com- of it, and people’s eyes glaze over when permits. She will grant Social Security pletely undetected. So it is not subject you talk about it and people don’t un- account numbers, the ability to obtain to real enforcement. derstand it fully. So they promote the driver’s licensing, and many Federal I appreciate my colleagues, Senator bill as if it is the talking points, when and State public benefits, all without a CORKER and Senator HOEVEN, and those the talking points do not comply with single border security or enforcement who have set forth their goals to what is in this legislation. produce legislation that would be good That is why we have an obligation to action having been taken. Madam President, I ask unanimous for America. I appreciate the vision study it, read it, and vote on the bill, consent that I be notified after 20 min- that has been stated. But having been and not the talking points. A few utes. How much time has been con- involved in this now for quite a number weeks ago, former Attorney General sumed at this point? of years—not because I desire to, but and Reagan’s close friend, Ed Meese, The PRESIDING OFFICER. The Sen- because I felt an obligation to do so, wrote a letter to the editors of the Wall ator has consumed 11 minutes. having been a Federal prosecutor for Street Journal and said: Mr. CORKER. Madam President, if I almost 15 years—I want to see the sys- On legislation as important as this, law- could, I had a time of 12:50 that I have tem actually work. makers must take the time to read the bill, actually done to accommodate the I am aware this bill is an authoriza- not rely on others’ characterizations of what Senator from Alabama who was coming tion bill. It may authorize Border Pa- it says. We can’t afford to have Congress trol officers. It may even authorize ‘‘pass the bill to find out what’s in it.’’ down at 1:00. My understanding is the Senator showed up 20 minutes early, fencing. But until Congress appro- So at this point in the legislative which I applaud him for being prompt priates the money over a period of a process, a ‘‘yes’’ vote on cloture to- and early. But I do wonder what is hap- decade, the way it is set up, it will night means Senator REID will have pening. I would be glad to go back and never happen. I am confident all the gained complete control of the process. forth. promises made in the legislation un- No amendments will be voted on he Mr. SESSIONS. I didn’t understand derlying and in the additions that have does not approve. His goal is to drive it. I am sorry. Was there a UC on the been made to it, it will not be accom- the train to passage by this Friday. Senator taking the floor? If so, I will plished in their entirety; and under Public policy, public interest is beside certainly yield and wrap up. this legislation we will be sure to have the point. Mr. CORKER. I think we had an a vast increase in illegal entry under So the vote this afternoon is to pro- agreement with those who manage the the entry-exit visa system, as the Con- ceed again to the altered substitute— floor as to how we were to come down gressional Budget Office has stated, the entire substitute—of the Gang of 8 and talk. But I would be more than and we will still have illegal entrants legislation, and the flawed framework glad to give a moment or two to let the from the border. Madam President, I yield the floor of this bill remains immediate am- Senator finish and then go on. But I and reserve the remainder of the time nesty, which will never be revoked. want to make sure this is going to That will occur within weeks, with no that is reserved for Senator GRASSLEY. allow me the opportunity to speak. The PRESIDING OFFICER. The Sen- enforcement measure ever effectively Actually, the Senator has been so in- having to occur. In reality, it will not ator from Tennessee. volved, I would love for him to listen to On whose time is the Senator pro- have to occur. what I might have to say and then re- According to the June 7 Rasmussen ceeding? spond because I think there have been Mr. CORKER. As I understand it, Report, the American people want en- a lot of myths out there that seem to Senator LEAHY. forcement first by a 4-to-1 margin. The be continuing. The PRESIDING OFFICER. The Sen- Gang of 8 initially promised their bill Mr. SESSIONS. Madam President, I ator may proceed. would be enforcement first, but that is will conclude by 5 till and yield to the Mr. CORKER. I thank the Presiding not what the bill said. Today, no one Senator at that time. I think that will Officer. disputes that it is amnesty first. In get us on the right track. The Senator from Alabama has done fact, the lead sponsor of the bill, Sen- I know there were discussions, and I an outstanding job in talking about the ator SCHUMER, on ‘‘Meet the Press’’ was told earlier that would be the time many frailties that exist in the base conceded this point shortly after the that I would have. Then I was told they bill. I do want to say that the vote to- bill was filed, saying: want you to come earlier, and I didn’t night is not on the base bill; the vote . . . first, people will be legalized. . . . realize the Senator was in on part of tonight is on an amendment. Then, we will make sure the border is secure. that agreement. So that is perfectly all Many people on our side of the aisle ‘‘Then, we will make sure the border right, and I will accommodate the rep- have had concerns about border secu- is secure.’’ This is important because resentations we have been given. rity. The way the base bill reads is the

VerDate Mar 15 2010 23:46 Jun 24, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.005 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S4991 Secretary of Homeland Security, Janet years. So it is my hope that this amendment is a win, a total victory for Napolitano, would decide what border evening Republicans will join me in the State of Arizona. And she knows security measures would be put in putting in place the toughest border se- more about border security probably place, and she would implement those curity measures we have ever had in than any Governor and any person in after 180 days. Candidly, that calls for this Nation. the United States of America. people on both sides of the aisle to be The Senator from Alabama has Let me say one more time what we somewhat concerned about what kind talked about the length of this amend- are voting on tonight. We are voting on of border security measures would be ment. The length of this amendment is a very tough border security amend- implemented. 119 pages long. Because of Senate pro- ment. If you vote for this amendment, The base bill, as the Senator from cedure, it had to be added to the base it will mean that five very tangible Alabama just mentioned, leaves all of bill, which made it a little bit over triggers have to be in place. Whether that discretion 100 percent to the per- 1,200 pages. But the base bill has been the money is appropriated or not, they son who leads Homeland Security. On around since May. It has gone through have to be in place before you can have the Senate floor we have had numbers committee. Most every one of us who is a green card. So if it is not appro- of measures that we voted on to try to serious about this bill has gone priated, no green card. When people say strengthen border security. All of those through its many provisions. that Congress may not spend the measures have failed. I have voted for The amendment we offered on Fri- money on this, if Congress does not almost every single one of those that day—which has given people 75 hours spend the money on it, people will not has come up. As a matter of fact, al- to look at it—is 119 pages long. For move from the temporary status into most every Member on our side of the those who are listening in, in legisla- green card status. So it is totally up to aisle other than the Gang of 8 has tive language we write pages such that us. voted for those measures. they are triple-spaced and they are But the fact is that if you vote for What we have before us tonight, very short, so 119 pages is really 25 or this amendment tonight, you will be though, is another border security 30 pages in normal people’s reading. I voting that all five of those provisions amendment. This amendment puts in would say to the Presiding Officer that have to be in place—tough border secu- place five triggers that are tangible. It any middle school student in Tennessee rity measures. They are very tangible. says if these five triggers are not im- or Alabama could read this amendment The entire American population can plemented, then those who are here probably in 30 to 40 minutes. To ask see whether they are in place. And who are undocumented and who be- Senators given an amendment on Fri- until those are in place, people do not come in temporary status do not re- day that deals with five basic things move to the green card status. If you vote against this amendment— ceive their green cards. Let me go and a few others, to ask them to read which I am getting the indication the through those five measures that have the amendment over the weekend— Senator from Alabama and others may to be put in place before that occurs. again, the equivalent of 25 or 30 pages, be thinking about—what you will be First of all, there have to be 20,000 really—is certainly not something saying is, no, I would rather not have more Border Patrol agents deployed major to ask when you are serving in these five tough measures in place. I and trained and on the border. That is the Senate. So the length issue is would rather let Janet Napolitano, the one of the triggers, a doubling of our something that is a total myth. head of Homeland Security, decide Border Patrol. Some people have talked about the what our border security is going to be. Second, the additional 350 miles of cost. Let’s talk about that. First of all, I don’t think that makes anybody in fencing that Republicans have longed the cost would only happen if the bill this body particularly comfortable. passes, but it is estimated that the cost for has to be in place. That is very tan- People have talked about the fact of these border security measures and gible. that Congress needs to weigh in on this Third, we have to have bought and the other measures in the base bill border security measure, and we have deployed over $4 billion worth of tech- would be about $46 billion. That only with this amendment. nology on the border, which will give happens if the bill passes. I think you What I would say is that if you really our Border Patrol 100 percent aware- have seen that the CBO score on this believe in making sure we address our ness. This is a list that they have been bill is $197 billion. So if this amend- border security, this amendment is seeking for years, and before anybody ment were to pass and the bill were to something you should support. If you can achieve their green card status this pass, we would have a situation where would rather go to the status quo, if list has to be bought and deployed. over the next 10 years we would be in- you would rather leave it to the admin- Fourth, we have to have a fully im- vesting $46 billion in border security— istration—which I agree has not done plemented exit and entrance visa pro- almost all of which are measures Re- the things they should do to secure the gram—something that, again, Repub- publicans have pushed for years—but border—then don’t vote for this amend- licans have pushed for for years; and we would have $197 billion coming back ment; vote for Janet Napolitano to se- fifth, we have to have a fully deployed into the Treasury. cure the border. E-Verify system. All five of those I have been here 61⁄2 years, and never I have a feeling people on this side of measures have to be in place before have I had the opportunity to vote for the aisle will see the light. And to peo- somebody can move from a temporary something that costs $46 billion over a ple on the other side of the aisle who status to a green card status. Those are 10-year period and we received $197 bil- may resist this, what this amendment tangible triggers. lion over a 10-year period and we did does is it balances out the bill. It bal- When I was in the shopping center not raise anybody’s taxes and it pro- ances it out. It says: Yes, we are going business—before coming to the Senate, moted economic growth. To those peo- to put the kind of border security in I used to build shopping centers around ple who are talking about the cost, I place that will cause the American peo- the country. It was very evident in the would just say show me one piece of ple to trust us. At the same time, in community that I was in when I was legislation we have had the oppor- doing so we are going to put in place completed. Always when I completed tunity to vote for that has that kind of very tangible triggers, triggers that those shopping centers I was paid. I return. I think every private equity, cannot be moved. You cannot move the didn’t have to go through some kind of every hedge funder in the United goalposts because of interpretation. process that said: Did we meet 90 per- States of America would take those They are there. They are concrete. If cent of the retail needs of the commu- odds. we meet them, people will have the nity? We tried to design the center so Finally, let me say to the Senator pathway to be the kinds of productive that it met the needs, but it was very from Alabama, Governor Brewer from citizens they would like to be. tangible when I was completed, and I Arizona was just on the television. She To me, this amendment satisfies peo- was paid. read this amendment over the week- ple on our side of the aisle who want What this amendment seeks to do is end. As I mentioned, it only takes border security. To me, it ought to sat- to put in five very tangible elements as about 30 to 40 minutes, and she took isfy people on the other side of the triggers. These elements are all ele- the time to read it. What she just said aisle who acknowledge that we need to ments Republicans have pushed for for on national television is that this do both.

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I know there stands well—because I know he has had happen because when we have cloture has been a lot said, but I urge every to do it many times—that when you tonight, Senator REID is going to be in Member of this body to take the 30 to have an amendment that touches many complete control of the voting process. 40 minutes—not much, as a Senator on parts of a bill or you have a contract Amendments will be at his pleasure. one of the biggest issues we have dealt that has changes that touch many There will be the amendments he is with in the Senate—to read the amend- parts of the contract, what people do to willing to vote on, and the ones he ment to see how superior it is to the cause people to understand how it is doesn’t approve of will not be up for a base language. I applaud the folks who written better—and actually it has to vote. created the base language, but this is be a rule of construction here in the So that is where we are, and that is an effort to improve a bill. Senate—is add those 119 pages through- a fact. We are going to have other clo- Read the amendment and then de- out the text of a bill that has been ture motions, and the goal will be to cide: Do you really want to vote around since May that the Senator drive this bill to passage by or before against an amendment that the Gov- from Alabama was able to go through Friday. There will be far less votes ernor of Arizona, who has dealt with in detail as a member of the Judiciary than the last time the immigration bill this issue more closely than any of us Committee and offer all kinds of came up. in the body, has declared as a total vic- amendments. He has seen that base The last time the big immigration tory for their State? Do you want to text now for a long, long time. He went bill came up, there were 45 or so vote against this? Do you want to vote through it more—I know more than amendments that we voted on. So far against this really, I ask this body. I most here in the Senate. we have had nine votes on amend- think we ought to send this amend- So, yes, we added an amendment. It ments. There were discussions Wednes- ment onto the base bill with a tremen- does have other concerns. That is what day and Thursday night that we would dous majority. Then we can debate the you do when you try to write a piece of have another 16 amendments. I was ad- other pieces. We have an entire week. legislation that solves the problem. It vocating for more amendments to be There are all kinds of votes. is 119 pages, and it was added to the brought up. I thought we had an agree- I would like to see a vote on the base text. That is true. I would have to ment to do that, and we were moving Portman amendment. As a matter of say on any measure for somebody who that way until this great amendment— fact, my understanding is that some of cares about border security, it is much the grand amendment that fixes the people who disagree with this bill stronger than the base language. things—came up. do not want to see a vote on the Mr. SESSIONS. Mr. President, I am I will point out a few things I think Portman amendment. They are block- going to talk about what the amend- are troubling with the legislation, and ing the Portman amendment. The ment does. The Senator has not seen we can then go to Senator CORKER for Portman amendment will actually quite as much—although he is an expe- his remarks. I just want to make my make this bill even better. I hope we rienced and very able addition to this points now. will hear from him on the amendment. Senate but has not, perhaps, seen how First of all, Senator CORKER said I hope we will hear from other Sen- over decades promises about enforce- there is a trigger, and that trigger is 10 ators as they seek to improve this bill. ment at the border are not fulfilled, years from now. It has to do with But I hope we will do that after voting and that is important. I will go whether individuals are going to get cloture tonight on a border security through the amendment the Senator permanent legal status in 10 years. amendment that I know strengthens has offered, and make some comments What if it turns out the Congress has this bill, puts it in balance, creates about why I think it does not do what not appropriated money to complete trust with the American people, and my colleague believes it does, why we the fencing as promised? What if it creates the kind of pathway many peo- should not pass this, and why we abso- turns out Congress has not funded the ple are seeking. lutely should not move forward on the Border Patrol agents they promised? I yield the floor. substitute which is basically the bill Are we are going to end up saying to The PRESIDING OFFICER (Mr. that has been put out by the Gang of 8, these people: You don’t get your sta- KING). The Senator from Alabama. which fails in a whole host of ways. I tus. Mr. SESSIONS. Mr. President, the would also be concerned—and I will ask They are going to say: What’s the Senator will acknowledge that his the Senator, does he believe that Sen- problem? We did everything we were amendment was filed Friday afternoon, ators who have concerns about the bill told to do, and Congress didn’t do it. at a time when probably 90 percent of should be given the right to have Give us our green cards. our Senators had left town. It was not amendments voted on in an up-or-down People are going to say: We cannot his 200-page amendment or just his in- way as long as reasonably necessary, to deny people their green cards. These terests; all kinds of special interests be able to offer amendments to fix the are people who have been here for 10 and Senators’ interests have been legislation? years, not to mention the time they added to the bill. It was filed as part of Mr. CORKER. Mr. President, I could have already been here and probably the overall bill. So the Senator would not agree more with the Senator from had children born in this country who acknowledge that the replacement that Alabama. As I mentioned in my com- are citizens. This is not a practical or we would be voting cloture on tonight ments, I hope this body—I hope Sen- realistic guarantee this will ever hap- is 1,200 pages, a little less than 200 ators on my side of the aisle—will not pen. pages more than the bill was on Friday block Senator ROB PORTMAN’s amend- Based on my experience, I don’t be- morning? ment on E-Verify, which greatly lieve we are going to add 20,000 agents. Mr. CORKER. May I respond? strengthens the bill. But, yes, I agree We probably don’t need that many, al- Mr. SESSIONS. Yes. with the Senator. I hope we have a though we do need more agents and Mr. CORKER. Mr. President, in re- plethora of amendments offered this better effectiveness at the border. The sponding to the good Senator—the Sen- week, debated this week, and voted on impact of the trigger is the legal status ator with one of the best temperaments this week. and the Social Security card. The right in the Senate, the Senator from Ala- I would say to the good Senator from to work anywhere in America is given bama, someone I enjoy working with— Alabama, with whom I really cherish within 2 months of the passage of the I respond that there is no question that serving, I have not blocked one single legislation. They are making promises our amendment is 119 pages long and amendment from being voted on. I do 10 years down the road that I am say- that it does incorporate input from not know if the Senator from Alabama ing are not likely to ever happen. In other Senators. has blocked any. But the fact is, I say fact, I don’t think it will happen in the What I would say is that the Senator let’s let it roll. I would love to see an- way it was said. was a great jurist from the State of other 50 or 80 amendments this week if The Secretary has the power to re- Alabama. He worked on all kinds of time will allow, so let’s let it roll. I am allocate personnel under this bill, and legal documents, I am sure, before he all for that. I agree 100 percent. it gives her broad power to do that. She

VerDate Mar 15 2010 23:46 Jun 24, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.008 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S4993 will say she has done what is re- neously to be used to pay for a new Mr. SESSIONS. I want to make sure quired—or the next Secretary will say bill. This is how this country has been whose time is being used, but go ahead. that—and I am concerned about that. going broke. Mr. CORKER. As I understand, this is As far as the costs, Senator SCHUMER The same thing happened during under Senator LEAHY’s time. and the Judiciary Committee promised ObamaCare. The night before the vote, The cloture vote tonight is not as that the bill was paid for by the fees, December 23—we voted on Christmas was described a minute ago. The clo- the punishment, and the fines—and I Eve to pass that bill—I got Mr. Elmen- ture vote tonight is only on this will talk about that at some length dorf to say: You can’t simultaneously amendment. It is not on the bill. So for later—from the people who entered the strengthen Social Security and Medi- someone to say they are losing some country illegally. They claim they will care with this new money and pay for kind of cloture rights down the road, it have as much as $8 billion, and maybe something else with it. He used this is not true. The cloture vote we are that is so. I am not sure. phrase: It is double counting the having tonight is on an amendment They would not say how many people money. That is where they are coming that has five strong border security would be legalized. I asked that ques- up with the money here. measures that every Republican has tion twice to Senator SCHUMER. He re- So the Social Security and Medicare talked about for years. It doesn’t mean fused to say how many people would be payroll withholding that people will we vote for the bill. We are talking given green card status in the next 10 pay when they are legalized and given about the amendment. The moneys are years in America. Maybe he doesn’t a Social Security card is their retire- appropriated. The cloture vote is only want us to know. If he doesn’t know, ment. We have to have that money to on the amendment. I just wanted to that is a big gap for somebody who is pay for their retirement when they get clear that up. writing a 1,000-page bill and doesn’t ready to withdraw Medicare and Social The CBO—which the great Senator know how many people are going to be Security. We cannot spend it now and from Alabama works with daily and legalized. pretend we have free money. The CBO quotes daily—has said if this bill This is what he said: What we are score from just last week shows that is passes, it will help tremendously with simply doing is making sure all the ex- the situation. I am just not happy this deficit we know is weighing our penses in the bill are fully funded by about the counting of money in that country down today. the income the bill brings in. This is to form. Mr. SESSIONS. I thank the Chair, make sure this bill does not incur any Mr. CORKER. Mr. President, I won- but the cloture will be on the sub- costs on the taxpayers to make it rev- der if the Senator would let me respond stitute which is 1,200 pages, not just enue neutral. in a generous way. the Senator’s amendment, most of He said: It provides startup costs to The PRESIDING OFFICER. The Sen- which I am supportive of. I think I implement the bill repaid by fees that ator from Tennessee. could be supportive of much of it if we come back later. So what we are basi- Mr. CORKER. First of all, I respect could make it effective. cally doing is setting up two pots of the leadership the Senator from Ala- The Senator is correct when he says money that have startup money, and it bama has given on the Budget Com- the people who are paying into Social is repaid. Both the companies pay when mittee, and I know he knows all of Security and Medicare are not paying they get new workers, and the immi- these things well. I have offered a very enough to produce the revenue that grants who get RPI status pay in terms detailed piece of legislation to deal would take care of them for the rest of of their fines as they go through the with Medicare, and he knows the aver- their lives. The Senator is right, and I process. age American today is paying one-third certainly don’t dispute that people who That is what we were told in their of the cost of Medicare over their life- are given Social Security and start to talking points. This is their poll-tested time. In other words, they pay only work under this bill, which provides talking points when they were drafting one-third of the cost of their Medicare them amnesty and legal status, that the original version before Senator Program. they are going to pay Social Security CORKER was involved. Now it is $46 bil- So the fact that we have people who and Medicare money they were not lion. Where is the money coming from? began paying taxes—I mean one of the paying before, but that is their money. Well, they say the bill creates more things the Senator is mentioning is if That money has to be used to pay for revenue. we pass this bill, those who are here their retirement. Where is the money The Congressional Budget Office—our today who have been undocumented going to come from to pay for that? budget accounting firm—said before and not paying taxes, will be paying All I am saying is that it is quite Senator CORKER’s bill raised the cost taxes. I would think the Senator from plain, and that is why the CBO score from $8 billion to $46 billion, it would Alabama would think that is an out- said the on-budget deficit gets worse. increase the on-budget deficit by $14 standing idea. In the 10-year window, the Social Secu- billion, and then it would reduce the Most of them are younger, and the rity account looks better, but they are off-budget deficit by $211 billion. So fact is they are going to help the baby not counting the younger—the average isn’t that good news? It improved our boomers and senior population in age is 35. Workers will be retiring in off-budget deficit. America we have because Americans the years to come and will demand What is the off-budget deficit? The today are only paying one-third of the their Medicare and Social Security. If off-budget deficit is the Social Security cost of Medicare. I know the Senator the money is spent now, it will not be withholding the newly legalized per- from Maine is very knowledgeable on there in the future. That is how a coun- sons will pay when they get their So- this subject. The Medicare fund is try goes broke. cial Security cards. So they will be going to be insolvent in 2024. Senator CORKER is one of the most paying withholding on their checks Senator SESSIONS is exactly right— knowledgeable, hard-working, coura- that maybe they were not paying be- by forcing these folks who are in the geous, and determined people in the fore, and they score that as increased shadows today to come out of the shad- Senate in trying to fix the financial revenue, and it certainly is increased ows for 10 years and pay taxes and not path we are on, but I think the Senator revenue. One form of our accounting receive, by the way, Federal benefits— is misinterpreting that issue. will show that as an increased revenue, no means-tested Federal benefits— Mr. President, how much time has and that money in that form of ac- until we do the five things that are in been used on my side? counting, unified-budget accounting, our bill. I am going to have to save some time allows us to think we can spend it for By the way, the Senator should know for other people who are due. anything we want. that the money for this is appropriated Maybe the question should be, how Wait a minute. What is the reality? now. If this bill passes, the money is much time have I used? The person is paying their Social Secu- appropriated. It is not subject to appro- The PRESIDING OFFICER. The Sen- rity and Medicare withholding, and it priations down the road. ator has used 60 minutes. doesn’t go to the U.S. Treasury. It goes I will say one last thing, and I will Mr. SESSIONS. Sixty? Senator to the Social Security and Medicare yield the floor. I appreciate the Sen- CORKER said he was using some of his trust funds. It is not available simulta- ator from Alabama letting me do this. time.

VerDate Mar 15 2010 23:46 Jun 24, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.009 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S4994 CONGRESSIONAL RECORD — SENATE June 24, 2013 The PRESIDING OFFICER. Forty Senator LEAHY knew exactly what he American—every employer, for sure— minutes. was doing when he offered that amend- throughout our country will know Mr. SESSIONS. Mr. President, I bet- ment in committee. And the 1,200-page whether we have an E-Verify system ter wrap up. I know others want to substitute includes this exact Leahy that is fully deployed. Every American, speak in opposition to the legislation. amendment language. It has not whether we have 350 miles of fencing— With regard to the fence, there is a changed by the Senator’s offer of legis- which I would say to the Senator from statement from the sponsors of the lation. Alabama, there is no chance in the Corker-Hoeven amendment that we are I have spoken more than I intended world—no chance—that any additional going to have a bunch of new workers to. There are a number of other issues border security measures are going to at the border—Border Patrol officers I would raise if we had the time. I be- be created that way unless this amend- that will be guaranteed. I pointed out lieve this is close to what we ought to ment passes. Then I would say: Think how that is going to be funded for over be doing, but we don’t have the mecha- about the $4.5 billion in technology 10 years. This is not an appropriations nisms in place to get us there and we that will cause us to have situational bill; it is a promise. The legality—the can’t count in any realistic way on this awareness on the border that is a part amnesty—occurs first. Just like so all happening. As a result, we are going of this bill. often happens in the past, the promises to have, as we had before, the legaliza- Congress constantly talks about the are never fulfilled when competing in- tion now and a promise of enforcement fact that we punt too much to the ex- terests start fighting over money. It in the future that does not occur. ecutive branch. I know many people on just doesn’t happen. I thank the Chair, yield the floor, my side of the aisle do not want to There are some people who have op- and reserve the remainder of my time. punt, if you will, the border security posed fences and opposed Border Patrol The PRESIDING OFFICER. The Sen- plan to the head of Homeland Security, agents religiously by using every ex- ator from Tennessee. whomever that might be. They want to cuse possible in this body. It will not Mr. CORKER. Mr. President, I thank weigh in. So this amendment gives ev- be easily accomplished in the future. In the Chair, and I thank the Senator eryone in this body the ability to fact, in my opinion, it will not be fully from Alabama for his comments. weigh in and for the other side of the accomplished. I want to rhetorically ask any of aisle to ensure we have tangible meas- With regard to the promised fencing those who might share the views of ures that cannot be moved. that is in the bill, the new substitute Senator SESSIONS, if you will, on this Again, I realize that no matter what requires the Secretary submit her amendment, that would this amend- this bill says—no matter what it says— southern border fencing strategy to ment—I would ask this question: If one as long as the title of it relates to im- Congress and certify that 700 miles of doesn’t like the status quo, would this migration reform, there are going to be pedestrian—not double-layered, rein- amendment, even if it weren’t fully people in this body who won’t support forced fencing, is in place. Congress achieved—and I know the language it. There are measures I don’t even first passed a law requiring double and states it has to be achieved before one want to—I don’t want to get myself in triple layer fencing in 1996. In 2006, achieves green card status; it is very trouble by stating the kind of measures Congress overwhelmingly passed a law specific in that regard—I would ask: that if they were in this bill people requiring a double layer fence. That Does the Senator from Alabama and do would say, No, it has to be even tough- never happened. Then-Senator Obama other Senators not believe that if this er. The fact is we in this body, gen- voted for it and then-Senator BIDEN amendment passes, we would be much erally speaking, have worked together voted for it. It never happened. Only 36 farther down the road toward our goals to try to come up with a piece of legis- miles of that ever got built because than if this amendment doesn’t pass? I lation that meets the balance. This there was discretion given somewhere a would ask that question rhetorically. amendment, to me, adds that compo- little later and all of a sudden they What we do a lot of times on the nent that meets the balance. talked about a virtual fence that never floor is we seek to improve a piece of I know some people on my side of the occurred. So this weakens current law, legislation. I know the Senator from aisle would criticize because they or it weakens the law we passed pre- Alabama is not going to vote for this would say, Well, you worked with the viously. bill regardless of what the security other side of the aisle to make this The new bill says the second layer is measures are, in all likelihood. But I happen. I think that is what we all to be built only if the ‘‘Secretary would ask if he and others who share came here to do. I know the Presiding deems it necessary or appropriate.’’ his views, which are critical of this Officer, who is an Independent, came That is what happened in 2008. The new overall legislation, would they not sup- here to do it, because without working bill keeps the language from the Gang port an amendment that certainly is a with Republicans and Democrats he of 8 bill addressing limitations on the vast improvement over the status quo? couldn’t get anything done. So what we requirements for strategy. This was of- I think the Senator has pointed out have done over the last couple of weeks fered in the Judiciary Committee by it is very unlikely that Homeland Se- now is work very closely on both sides Senator LEAHY. I was rather taken curity is going to do the things we of the aisle to come up with a measure aback by it because they had been pro- would all wish for them to do. But in that hits that balance. It doesn’t move moting the bill as being a bill that had this amendment we have five of the the goalpost because we all know it is fencing in it. Senator LEAHY offered things that for years Republicans have tangible. the amendment. The Gang of 8 all sup- hoped to achieve, and the administra- As I mentioned, I used to build shop- ported it—those on the committee. It tion clearly states we cannot move ping centers all around the country, re- said this: from this temporary status into green tail projects in 18 States, and when I . . . notwithstanding [the requirement card status until these things are tan- finished the project, people could see that the Secretary come up with a Southern gibly done. Again, it is much better it. I didn’t have to go out and get a sur- Border Fencing Strategy], nothing in this than a trigger that has some super- vey in the community: Did I meet 90 subsection shall require the Secretary to in- fluous thing where nobody knows what percent of the retailing needs of this stall fencing, or infrastructure that directly it means, and Democrats are worried community? And if it was a grocery results from the installation of such fencing, in a particular location along the Southern we are going to move the goalpost in center they might have said: Well, you border, if the Secretary determines that the one direction and the Republicans are did on the grocery side but you didn’t use or placement of such resources is not the going to move the goalpost in another. on the florist or some other piece. I most appropriate means to achieve and Instead, we have something here that built something that was tangible and maintain effective control over the Southern is very tangible. called for and it was paid for. border at such location. Every American who is observing Let’s face it. The reason we have had I think that is a fatal flaw in the lan- will know whether we have 20,000 more this trouble is we have been debating a guage. It allows Senators to believe, Border Patrol agents deployed and trigger for months that everybody perhaps, and advocate that their bill trained first. Every American will knows can be monkeyed with. If a per- guarantees we are going to have 700 know whether we have an exit-entry son sees a Cheetos bag in a crevice miles of fencing when it is not there. visa program fully deployed. Every some place in Arizona or someplace

VerDate Mar 15 2010 23:46 Jun 24, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.010 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S4995 else, somebody could say, Well, there is, as Governor Brewer of Arizona has bill, but first I wish to make a com- were 10 people eating out of that said, ‘‘a victory for Arizona.’’ It is a ment about this international drama Cheetos bag so we are going to change victory for Arizona. On the other side that is going on from Hong Kong to— the denominator. That is what this de- of the aisle, what people have pushed well, I guess it started in Hawaii—from bate has been about and everybody for is a clear path. They want to know Hawaii to Hong Kong, now Hong Kong knows that. This side of the aisle that we are not going to wait 10 years to Moscow. Then the question is, doesn’t trust that side because they are and then move the goalpost. Let’s have Where does the fugitive go from there? afraid we are going to add 10 more tangible goals people can see. I think we ought to face facts that folks with that Cheetos bag and we are I hope everybody will get behind this the Government of China would not going to change the denominator, and amendment—people on our side be- have let him go without making the this side over here is saying we don’t cause of border control and people on decision with regard to Hong Kong. I trust it because we want to see results. both sides because it achieves the bal- would not have been surprised if they This amendment gives results. It gives ance, if passed, that a piece of legisla- did not get certain information from results. Every American can see the re- tion such as this ought to have. him if, in fact, he has anything. But sults. I want to say again I have enjoyed the fact that he is now in Moscow and Again, I cannot imagine how any- working on this amendment and this did not get on the airplane for Cuba body on this side of the aisle who is se- piece of legislation over the last 10 tells me that the old KGB officer—now rious about border security could want days more than anything I have done President of Russia—Putin is directing the text that is in the base bill that in the Senate. We have an opportunity the show. I would not be surprised if doesn’t stipulate anything—it stipu- to do something great for this Nation— the President of Russia is giving the lates nothing—I don’t know how they great for this Nation—and the passage orders to milk him for every piece of could want the text that is in the base of the cloture vote this night on this information he has. If he does not have bill over the text that is in this amend- amendment is something that takes us anything, then I think the President of ment, which clearly lays out those five a step closer. Even if a Member opposes Russia is going to decide whether he things we have discussed over and over. the underlying bill, those people who wants to have a good relationship with They include 20,000 trained and de- hear concerns all over the country the United States and might allow him ployed border agents; 350 miles of addi- about border security should support to be extradited to the United States. tional fencing on top of the 350 that is this. This is better than in the base It may well be that since he was re- there. Republicans have tried for years bill. leased from Hong Kong—which is under to get 700 miles. We add the $4.5 billion This is a 119-page amendment. People the direction, in this case, of President in technology. The chief of the border know the way we write legislative lan- Xi of China—that he may not have all control area, Chief Fisher, has been in guage. It is triple-spaced, big letters. the information he is claiming to have. our offices for years wanting this We have a lot of seniors in this body. Presumably, he is carrying a bunch equipment to do what he needs to do, We write in big letters. About 3 or 4 of laptops. One would have thought and it is in this bill. There is an entry- pages of legislative language is the av- they would have taken them into cus- erage page for most Americans and tody, and maybe that is what is hap- exit visa program. We have 40 percent what they read on a daily basis. A mid- pening right now in Moscow. overstays on our visa program. That is dle school class person in Tennessee However it plays out, as I have said terrible. But it has to be fully deployed could read this amendment in 30 to 45 from the beginning, I think his behav- before a person moves to green card minutes—30 to 45 minutes. It has been ior is treasonous behavior and that the status. And, again, E-Verify, which, available for 75 hours. It has tangible full extent of the law ought to be ap- let’s face it: Why are people coming goals we have all sought. plied and those countries that have a across the border? They are coming Voting for cloture tonight does not formal legal relationship with the across the border to take care of their end debate on the base bill. That is not United States ought to obey the law families. They want to work hard. That true. It ends debate on this amend- and have him extradited to the United is what we want our kids to do. They ment. There are still cloture votes into States so he can face the charges. are walking across the border to work the future that close off the debate, if By virtue of his escapades all over hard and to do all kinds of things, in- you will, for those people listening in, the globe, I think it is clearly indic- cluding to create companies. They are that close off debate on the overall bill. ative that he does not want to face the entrepreneurs. But they also raise our So nobody has given up rights. Why not full extent of the law. I think all the kids, they serve us meals, they bring strengthen the bill even if a Member more that would justify the Depart- our crops in, they build our homes, opposes it? If a person is for the bill, ment of Justice in the charge they they build our buildings. They want to why not vote for a measure that might have brought already on espionage. participate in the American dream. add people to this piece of legislation I wish to say a word or two about the And what this bill—not our amend- and send it over to the House of Rep- immigration bill. Clearly, on the first ment—lays out is a path for them to be resentatives where they will create day of the debate I came out here and able to do that. It is a tough path. their own bill—and there are improve- embraced it. Clearly, we need com- They get at the back of the line. They ments they can make—why not do prehensive immigration reform. pay taxes for 10 years and receive no that? When I was a young Congressman means-tested Federal benefits and, I urge a ‘‘yes’’ vote tonight. I hope back in the 1980s, I voted for it then. somehow, we have people opposing people will actually read this language The big difference back then was that that, even though these triggers have and see what it does to the underlying we only had about 2 million illegal to be in place. bill. folks in the country. Now the new term All I can say is this is a great Nation. I thank the Presiding Officer for his is ‘‘undocumented.’’ Of course, that has This is a Nation that has laws, and we time this afternoon. swelled now to over 11 million undocu- are laying out in this amendment the I suggest the absence of a quorum. mented. way those laws have to be. The PRESIDING OFFICER. The In large part, the law that was passed I hope people will look at this amend- clerk will call the roll. back in the 1980s was never observed. ment for what it is. It is an oppor- The assistant legislative clerk pro- Businesses did not obey the law, and tunity for both sides of the aisle to suc- ceeded to call the roll. that is one of the things we are looking ceed, for Republicans to have those Mr. NELSON. Mr. President, I ask at in this comprehensive immigration tough border control measures people unanimous consent that the order for package—that businesses will have to want. the quorum call be rescinded. obey the law and still will be able to I was in a restaurant Saturday night The PRESIDING OFFICER (Mr. MUR- get the labor source they need in order in my neighborhood, a place I go often, PHY). Without objection, it is so or- to conduct business and that through a a place that serves great hamburgers. dered. series of E-Verify and other provisions When I walked in, what do people say? TREASONOUS BEHAVIOR they can then have the security of They want border security. So we have Mr. NELSON. Mr. President, I would knowing that the individual they have an amendment that puts in place what like to speak about the immigration hired is in legal status.

VerDate Mar 15 2010 23:46 Jun 24, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.012 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S4996 CONGRESSIONAL RECORD — SENATE June 24, 2013 I think it is clearly the right thing to stan—a Predator or some version reform bill—the Senator heard my do. There are 11 million people here. thereof, unarmed. comments earlier. Does it not make These folks who are saying, oh, well, Today, it is flying out of the Cape Ca- common sense that if we are making as deport them, that is not common naveral Air Force Station. But that is secure as possible the southern land sense. We cannot deport 11 million peo- one. When it is down for maintenance, border of the United States for illegal ple; the economy would collapse. Just there is zero. So why wouldn’t we en- immigration—which also includes look at the agricultural community. hance one UAV with more stationed drugs, by the way—would it not make We have to have the source of labor to strategically around the coastal mari- sense that we would want to increase pick the crops when the crops are ripe; time border to stop what is supposedly the maritime border security? otherwise, the whole crop is lost. So going to happen if this impregnable Mr. LEAHY. In answer to my friend too as we go through so many of the land border is there? from Florida, who has been a friend for nuances of this bill—it is all put to- No. 2, the U.S. Navy is experimenting decades and knows the coastal area far gether, and I think they have done a with a stable platform that is very better than anyone else, the more se- good job. cheap to operate called a blimp. I have cure we make the land border for those I have one bone of contention. I came flown in this blimp. You can station who want to have illegal entry into the to the floor today absolutely shocked blimps with a long dwell time because United States, the more they are going that the amendment Senator WICKER, the amount of fuel that is used in a to look for other ways. Water is one of Republican of Mississippi, and I have blimp from start to finish for upward of them. offered is—it is questionable whether, a 24-hour mission, if you had two crews The distinguished Senator from Flor- with all this falderal that is going on on board—that amount of fuel is the ida has seen everything from boat lifts about not accepting any additional same that it takes to crank up an F–16 on through coming into his State. amendments, if it is going to be accept- just to get it out there on the runway. Without naming the countries, we ed. It is a huge cost savings, and it gives us know them all. So that is long way This amendment says that in addi- a lot of dwell time. So why wouldn’t we around of saying ‘‘of course.’’ tion to the land border security, which enhance for the U.S. Navy the blimp Mr. NELSON. I thank the Senator, has been the story for the last week, that is being tested for the 4th Fleet the esteemed chairman of the Judici- laboring over how do we increase bor- headquartered at Mayport Naval Sta- ary Committee. It is common sense. I der security—and the estimate on this tion? We should. appreciate him underscoring that. I new amendment we are going to vote Thirdly, the U.S. Coast Guard. Why hope our brethren and sistren on the on today is that it is costing an addi- wouldn’t we enhance the Coast Guard’s other side who are questioning whether tional $20 to $46 billion; that will really ability to patrol not just for drugs, but they are going to allow my and Sen- tighten up border security—but if you for some of those who are trying to ator WICKER’s amendment to be consid- have made the land border almost fool- come into the United States illegally ered will reconsider their decisions. proof, what do you think is going to now through the maritime border, so Mr. LEAHY. Mr. President, I would happen? How are the smugglers going why wouldn’t we enhance the Coast note that there are some in this body, to get the illegal immigrants across? Guard? I am sure, who want no immigration How are the smugglers going to con- With $20 billion to $46 billion extra bill. I get the feeling that is a smaller tinue to try to get across all the illegal for this amendment that we are going and smaller group. I imagine they drugs? to vote on this afternoon, why wouldn’t would love to just keep killer amend- Similar to water, if you dam it up in we add another $1 billion to stop the il- ments going for weeks and weeks and one place, it is going to try to go legal immigration and drug smuggling hope the bill might die. around. Where is ‘‘going around’’? The that is going to occur on the maritime On the other hand, we have some maritime border. If you make the land border? Just think about it. Just very legitimate requests made on both border on the southern United States think, when you try to stop water from sides of the aisle. I have been told that foolproof, where do you think the rushing forward and you put some kind some of the ones we might want to smugglers and the illegal immigrants of dam that stops it, if there is any bring up that we would pass probably are going to go? They are going to go break or leak or hole, where is that unanimously, the other side will not to a very porous border that is from water going to go? It is going to go in allow them to come up unless we allow Texas to Louisiana, to Mississippi, to the place of least resistance. So, too, these other amendments. Alabama, to my State of Florida, smuggling of illegal aliens and drugs. If I would hope that during the next 2 which has the longest coastline of the they do not get across the land border days both sides would allow the distin- continental United States, and then up because of my friends insisting that it guished ranking member and me to sit the eastern seaboard: Georgia, the become impregnable, why would they down and go through and accept—as we Carolinas, Virginia, et cetera. They are want to block Senator WICKER’s and normally do on a bill such as this—a going to do it also by going in through my amendment that says we are going package of amendments that are ac- some of the Caribbean Islands, includ- to enhance modestly because we can ceptable. ing U.S. territories—Puerto Rico and handle it with overhead and on-the-sea I suggest the absence of a quorum the Virgin Islands—because if they get assets through the Department of and ask that the time be equally di- there, then they are on U.S. territory. Homeland Security and the U.S. Coast vided. So if we are spending—this is where Guard and the U.S. Navy? The PRESIDING OFFICER. Without the common sense comes in—if we are It is common sense. Common sense objection, it is so ordered. spending $46 billion additional to se- ought to rule. The clerk will call the roll. cure the land border, why wouldn’t we I yield the floor, and I suggest the ab- The assistant legislative clerk pro- want to spend an additional $1 billion sence of a quorum. ceeded to call the roll. to help secure the maritime border? The PRESIDING OFFICER. The Mr. GRASSLEY. Mr. President, I ask California would be another one. You clerk will call the roll. unanimous consent that the order for can come up the coast of Central Amer- The assistant bill clerk proceeded to the quorum call be rescinded. ica into California. It, perhaps, is a call the roll. The PRESIDING OFFICER. Without more daunting task because of the Mr. LEAHY. I ask unanimous con- objection, it is so ordered. waters of the Pacific. But look at all sent that the order for the quorum call Mr. GRASSLEY. I know that when I the opportunities on the coast of a be rescinded. come to the floor and remind my col- State such as mine, Florida, of bring- The PRESIDING OFFICER. Without leagues about my involvement in the ing in smugglers. Of course, we have objection, it is so ordered. 1986 immigration bill, it sounds like a seen this over the years. So what do we Mr. NELSON. Would the Senator broken record. I said early on this year do? What is the $1 billion for? Simple, yield. The Senator—the esteemed that I wanted to educate my colleagues real simple. We already have an un- chairman whose leadership has brought about the mistakes we made in 1986 so manned aerial vehicle like a drone, us to this point, that we are on the those mistakes were not repeated in such as we read about over in Afghani- brink of passing a major immigration the first immigration bill to pass the

VerDate Mar 15 2010 00:33 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.015 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S4997 Senate since 1986. Because I was here in cussion and debate on how to improve ments, and they refused an open 1986, I thought I could share the experi- the bill. It was a productive conversa- amendment process. One Republican ence we had. I know firsthand that we tion focused on getting immigration said: screwed up in that 1986 legislation. I reform right for the long term, not to I am confident that an open and trans- was certain other Members in this body make the same mistakes we did in 1986. parent process, one that engages every Sen- could learn from our mistakes. Yet I was disappointed that alliances ator and the American people, will make it However, today we are right back to were made that actually ensured noth- even better. I believe this kind of open de- the same place, talking about the same ing passed in that committee process bate is critical in helping the American peo- problems, proposing the same solu- that would make substantial changes ple understand what’s in the bill, what it means for you, and what it means for our fu- tions. and improvements to the bill. Those al- ture. In 1981, as a freshman Member of the liances remain in effect when we are Senate, I joined the Judiciary Com- out here on the floor of the Senate. That was never carried out here on mittee and was very active in the sub- As of this morning, 349 amendments the floor of the Senate. committee process. We sat down and have been filed to the underlying bill. The same Senator also wrote Chair- wrote the legislation. We had 100 hours We started off the debate on the Senate man LEAHY on March 30, saying: of hearings and 300 witnesses before we floor with my amendment that would I write to express my strong belief that the marked up that bill in May of 1982. require the border to be effectively success of any major legislation depends on the acceptance and support of the American Hundreds more hours and a dozen more controlled for 6 months before the Sec- people. That support can only be earned hearings would take place before the retary could process applications for through full and careful consideration of leg- bill actually became law in 1986. This registered provisional immigrant sta- islative language and an open process of year we had 6 days of hearings. We tus, RPI, or another way of saying it: amendments. spent 18 hours and 10 minutes listening legalizing those who crossed the border That was a letter to Senator LEAHY to outside witnesses. without papers. That is pretty darn im- on March 30. It was well-intended, but The Judiciary Committee received portant because we have been told I don’t see a defense of that position the bipartisan bill at 2:24 a.m. April 17. since this bill was put to the public by out here on floor of the Senate as we We held hearings April 19, 22, and 23. the Gang of 8 that we were going to se- are steamrolled. We heard from 26 witnesses in those 3 cure the border. Well, we are going to In a letter to me on April 5, the Sen- days. We heard from the head of the secure the border after legalization be- ator wrote: Immigration and Customs Enforcement cause a plan put before Congress is not If the majority does not follow regular agency union. We heard from econo- securing the border. Securing the bor- order, you can expect that I will continue to mists and employers, law enforcement der is only if that plan actually secures defend the rights of every Senator, myself and lawyers, professors and advocacy the border. But legalization is going to included, to conduct this process in an open groups. We even heard from people who take place before the plan is put into and detailed manner. are undocumented, proving that only effect. That is what I consider a major As we are being steamrolled with just in America would we allow somebody shortcoming of this legislation because a few amendments being considered, we who has violated our laws, is not right it makes the same mistakes we did in can see that may have been well-in- with the laws, to be heard by the 1986. We thought we secured the border. tended, but it is not carried out. American people. We did not secure the border, but we le- When the bill was introduced, the One of the witnesses on April 23 was galized. senior Senator from New York said: Secretary Napolitano. We attempted to My amendment was surely feared by One of the things we all agree with is that learn about how the bill would affect the other side because it would fun- there ought to be an open process so that the the functions of the executive branch— damentally change the bill. It would people who don’t agree can offer their after all, that is where it is going to be not fundamentally change what the au- amendments. carried out—and whether she saw some thors of the bill said they were going to Well-intended. The Gang of 8 called flaws, the same flaws many of us were do—secure the border and then legal- for a robust floor debate. They said finding in the legislation. ize—but it changed what was actually they supported regular order. I asked We asked follow-up questions of the in the language of the bill. So in order them do they think that having only Secretary that were thoughtful and fo- to keep my amendment from being considered nine amendments equates cused on the mechanics of the legisla- adopted, they insisted on a 60-vote to a robust and open process. tion. We wanted to know the Sec- threshold for the amendment to pass, Mr. LEAHY. Will the Senator yield retary’s thoughts since she would be which I refused. So in response they for a question? implementing the legislation. Unfortu- moved to table my amendment. Mr. GRASSLEY. I will yield for a nately, we still have not received re- We were promised an open and fair question. I may not answer it, but I sponses to questions we raised. Today process. Why wasn’t that promise will yield. it has been 2 months since the Sec- kept? We learned on day one that all Mr. LEAHY. Is it not a fact that the retary has failed to answer our ques- the talking about making the bill bet- first amendment that was brought up tions—in a sense, ignoring us. She has ter was just hogwash. It was a phony was a bipartisan one of Senator refused to cooperate. She has refused and empty promise. They would take HATCH’s and mine? Shortly thereafter, to tell us how the bill would be imple- to the floor and they would say they the Senator from Iowa came with an mented by her department. Is it amaz- were ready to move and vote on amend- amendment. Following the normal ing—at least it is to me—that the ma- ments. Boy, that sounds very fair and courtesy done, I allowed mine to be set jority puts up with this, let alone some open, doesn’t it? Yet, in reality, they aside so he could bring up his, but isn’t of my own Republican colleagues? were afraid of all of the amendments it a fact that when we asked if we After the committee hearings, we that could be offered. They refused to could set that aside for some non- started the markup process on May 9. let Members offer any amendment of controversial amendments on either We held five all-day sessions where their own choosing. They wanted to side, he told me he could not? Members were able to raise questions, pick which amendments would be con- Mr. GRASSLEY. The Senator is cor- voice concerns, and offer amendments. sidered on the floor of the Senate. Does rect. Commonsense amendments offering that sound fair and open? Well, it obvi- Mr. LEAHY. I thank the Senator. real solutions were repeatedly rejected. ously does not. They wanted to decide Mr. GRASSLEY. We only had nine Those that were accepted made some who, what, when, and how it would be amendments. Is that a robust and open necessary improvements. But the core disposed of. That is not right. process? Do they think the majority provisions of the bill have remained What is even more disturbing is the has allowed regular order? From my the same yet to this very day. fact that the alliances made thwarted point of view, the answer is a clear and I respect the process we had in com- the ability of the minority to have any resounding no. mittee. It was open, fair, and trans- say whatsoever. Republicans were ob- We are at a point where the process parent, even though the end result was structed even by Members of our own has been halted. It is unclear if any almost determined. We had a good dis- party. They voted to table amend- more amendments will be debated and

VerDate Mar 15 2010 00:33 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.018 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S4998 CONGRESSIONAL RECORD — SENATE June 24, 2013 voted on. The only amendment that is We ought to be making broad policy and 22 hand-held equipment devices, in- in order is the one that was concocted here and not delegating to the adminis- cluding night vision goggles. behind closed doors and is loaded full of tration the way that we too often do— In San Diego, the Secretary is al- provisions that are shockingly close to not just in this legislation but, as a lowed to deploy the same type of equip- what can be called earmarks. matter of fact, on most everything. ment but of different quantities. They We are back where we started—with What the amendment does is require also will deploy nonintrusive a gang of Members promising that more boots on the ground. It increases inspective systems, a radiation portal their legislative text is the best thing the presence of Border Patrol even monitor, and a littoral detection and to happen to immigration reform, that though the Members of the Gang of 8 classification network. their solution is the end of future ille- had long opposed that idea. They said In El Centro, CA, the Secretary is al- gal immigration. Does anyone really it was unnecessary and costly. But let’s lowed to deploy the same equipment, think this will solve the problem once be honest with the American people. but the list also includes two sensor re- and for all? From my point of view, The amendment may call for more Bor- peaters and two communications re- based upon my experience in 1986 and der Patrol agents, but it doesn’t re- peaters. since, the answer is a clear and require it until the undocumented popu- They will also get 5 fiber optic tank sounding no. lation, who are now called RPIs, apply inspection scopes, a license plate read- There are fundamental flaws in this for adjustment of status or a green er, a backscatter, 2 portable contra- amendment we call the Schumer- card. It is legalization first, border se- band detectors, 2 radiation isotope Corker-Hoeven amendment—legaliza- curity long down the road. identification devices, 8 radiation iso- tion first. I am going to take the op- I am all for putting more agents on tope identification devices updates, 3 portunity to walk through some the border, but why wait? Why allow personal radiation detectors, and 16 changes. legalization now and simply promise mobile automated targeting systems. The authors claim the amendment is more agents in the future? Even then, That is not all. The list goes on. It a border ‘‘surge’’ that leaves no more who really believes that the Secretary, includes certain helicopters and air- doubt about whether the border will be like the one we have today, will actu- craft upgrades. It includes 10 Black secure. Yet the border changes only ac- ally enforce the law? Hawk helicopters and 30 marine ves- count for about half of the total Then there is the fencing. One of the sels. amendment. There are changes to conditions that must be met before the I would like to know what some of every title. There are changes to ex- Secretary can produce green cards for these items are. Who provided the change visitor programs, the future people here illegally is that the south- amendment sponsors with this list? We guest worker program, and visas for ern border fencing strategy has been had a hearing in January, and not once the performing arts. This isn’t just a submitted to Congress and imple- did the list appear. Secretary Napoli- border amendment; there are provi- mented. This fencing strategy will tano did not provide the committee sions in the bill to attract other Sen- identify where 700 miles of pedestrian with any list. Did Sikorsky, Cessna, ators to support its passage. I will dive fencing is in place. Note that this is and Northrop Grumman send a wish into those provisions in detail in a mo- not double-layered, as in current law; list to certain Members of the Senate? ment, but first I wish to focus on bor- the amendment states that a second While the Senate micromanages what der measures. layer is to be built only if the ‘‘Sec- technology is to be purchased and de- The sponsors of this bill want you to retary deems necessary or appro- ployed, we should take note that the believe it is different from the 1986 leg- priate.’’ Can the authors of this amend- bill allows the Secretary to ‘‘reallo- islation. They say it will be a tough ment say that is a promise to the cate’’ the personnel, infrastructure, and expensive road and it would be American people to build a fence if and technologies laid out. It is pretty easier for individuals to go home than somehow the Secretary is given the au- simple: A Secretary who says the bor- to go through the process. What the thority of whether it is necessary or der is secure right now can change all sponsors don’t like to admit is that the appropriate? Additionally, the under- of this stuff specifically mentioned in bill is legalization first, enforcement lying bill still specifically states that this amendment. later—and I have to add, enforcement nothing in this provision shall be inter- Let’s also not forget about the litiga- later, if ever. preted to require her to install fencing. tion exception. The triggers or condi- Take, for example, the fact that one The amendment also requires that an tions may never have to be met. Green of the sponsors who went on Spanish electronic entry-exit system is in use cards can be issued if the Supreme television tried to apologize for speak- at all international air and sea ports Court grants review of litigation on the ing the truth. He said: but only ‘‘where U.S. Customs and Bor- constitutionality of the implementation of the conditions. Under the bill, if Let’s be clear, nobody is talking about pre- der Protection are currently de- venting the legalization. The legalization is ployed.’’ This is actually weaker than any court in this country issues a stay going to happen. That means the following the bill that came before the Senate a on implementing one of the conditions, will happen: First comes the legalization. few weeks ago. That bill required that then green cards are to be issued after Then come the measures to secure the bor- an electronic entry-exit system be in 10 years. The bill does not specify what der. And then comes the process of perma- use at air and sea ports, not just inter- sort of ruling must prevent implemen- nent residence. nationally. It is still weaker than cur- tation or even that the ruling be on the He spoke the truth. rent law, which requires biometric merits, nor does the bill require that The fundamental flaw underlying the entry and exit at all ports of entry, in- appeals run their course, even if the ap- bill has not changed with this amend- cluding air, sea, and land. That current peal upholds the conditions. ment. Let’s be clear. No one is pre- law has been on the books for a long We still maintain this toothless com- venting the legalization. It is going to period of time—not carried out by both mission called the southern border se- happen, as opposed to the promise Republican and Democratic adminis- curity commission, but it retools it a when this bill was put forward that the trations. So what certainty do we have little bit. It still does not give it any bill was going to secure the border that this is going to be carried out? teeth whatsoever. The amendment re- first. The Schumer-Corker-Hoeven amend- quires the creation of the commission 1 There is a lot of money in this bill, ment border proposal adds technology year after the enactment, which is there is a lot of micromanaging in this in addition to manpower at the south- probably better than the 5 years that is amendment, and there are more waiv- ern border. It authorizes the Secretary in the bill. They would also be required ers. Remember, this is already on top to purchase and deploy certain border to hold public hearings once a year. of—I think one Member counted 222 technology. I will give some examples Under the original version of the bill, waivers for the Secretary. We write a that are included in this amendment. the commission would be in existence piece of legislation. We are supposed to In Arizona, the Secretary is allowed until they submitted a plan. Under this legislate. We legislate and then say to to deploy 50 fixed towers, 73 fixed cam- amendment, the commission will live the Secretary: Well, you can ignore era systems, 28 mobile surveillance sys- for 10 years. Yet, the recommendations what we legislate in certain conditions. tems, 685 unattended ground sensors, they provide still do not hold any

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It does not mean deportation. spending by $40 billion over the intro- ury will transfer $46.3 billion to the So I think it is unclear what this lan- duced version of the bill before this trust fund. The sponsors claim the guage does and who it is applying to. amendment was added to it. Originally, Treasury will be repaid. But when will Moreover, it is unclear how the Sec- the legislation called for spending $100 the funds be paid back to the Treasury? retary would know who has overstayed million for startup costs and $6.5 bil- When will the American people be re- if no exit data or tracking system ex- lion for the Secretary to carry out the imbursed? The sponsors of the bill are ists. Also, why doesn’t the amendment law. When we got to committee, there saying taxpayers would not bear the require the Secretary to deal with 100 was a technical amendment that in- burden. Yet there is no requirement percent of the people who overstay creased that startup cost from $100 mil- the funds be paid back. There is no their period of authorization? Given lion to $1 billion. During markup, Sen- time limit or accountability to ensure there are no ramifications for the Sec- ator SCHUMER and his allies increased they are repaid. retary if she does not capture 90 per- the trust fund allocation from $6.5 bil- The Schumer-Corker-Hoeven amend- cent of visa overstays, this, again, is lion to $8.3 billion. The Schumer- ment increases fees on the visas for another law that will not be followed. Corker-Hoeven amendment increases legal immigrants in order to replenish It does nothing to end this adminis- the trust fund to $46.3 billion. Now, the trust fund and the Treasury. It tration’s anti-enforcement policies but, think, going from $8.3 billion to $46.3 happens that employers, students, and instead, gives the Secretary of Home- billion. Add the $3 billion for the Sec- tourists will pay the price. The bill al- land Security vast discretion to ignore retary to have startup costs, and we lows the Secretary to increase those serious criminal convictions of immi- are at $50 billion. That is over a 500- fees, so employers who bring in high- gration violators, including gang-re- percent increase in spending. You skilled workers will bear the burden. lated crime, domestic violence, drunk know, a billion here and a billion there, Students and tourists who come in the driving, and child abuse. and it soon adds up to real money. legal way will bear the burden. The bill would not only create an im- Note that this isn’t shifting money But guess what. The amendment goes mediate legalization program for those from the trust fund, such as the Cornyn on to say the fees for those who cross here illegally today but also a perma- amendment would have done. And that the border in violation of our laws can- nent legalization program for future amendment was defeated on the floor not be charged more than what is al- undocumented immigrants. The Schu- of the Senate. Instead, it is just plain lowed. The Secretary cannot adjust mer-Corker-Hoeven amendment in- old brand new spending. The sponsors fees and penalties on those who apply cludes a provision that would make in- found a money tree to pay for the wish for or renew RPI status or even blue dividuals admissible despite the 3- and list provided by Secretary Napolitano card status. 10-year bars. and the aerospace industry. There is no interior enforcement in I would like to know more about the Based on reports of how this deal was here, and there is a real problem when rationale from the sponsors as to why struck, we have a pretty good idea of we don’t have more interior enforce- this language was included. There is no why spending has increased. According ment than is here because we will have doubt this amendment was crafted in to a Politico article from last week, more people coming here who are un- the back rooms on Capitol Hill, and it negotiations for this deal were at a documented. The amendment in the is no secret some Members were able to standstill until the Congressional underlying bill will not end undocu- insert provisions in the Schumer- Budget Office’s score was released. The mented immigration. The Congres- Corker-Hoeven amendment while the CBO’s score stated if the bill becomes sional Budget Office reports that ille- rest of us attempted to work out an law it would cut the deficit by almost gal immigration will only be reduced agreement on pending and filed amend- $1 trillion over the next 20 years. by 25 percent due to the increased num- ments. Thus, with this estimate in hand, the ber of guest workers coming into the While some of us were trying to legis- Politico report tells us how the nego- country. The amendment does nothing late and bring up amendments for tiators were able to find a solution: to radically reduce illegal immigration votes on the floor, others were taking ‘‘Throw money at it.’’ According to the in the future and does not provide any advantage of the pay-to-play game. article, it was suggested Senators resources to interior enforcement Clearly, some of the amendments filed could funnel some of the savings into agents whose mission it is to appre- were included. Let me share some ex- border security, and that is what has hend, detain, and deport undocumented amples. been done. Again, as is often the case immigrants. Just like with the 1986 No. 1, the amendment now authorizes in Washington, the solution always legislation, we will be back in the same funds for an educational campaign to seems to be just throw more money at position in 10 years facing the same help deter illegal crossings into Mexico the problem. But the money has to problems. from the South. This amendment come from somewhere. The amendment, for instance, in sec- would put American taxpayer money Furthermore, paying for the agents tion 1201, attempts to address people toward training for law enforcement requires raiding the Social Security who overstay their visas. It says the officials in Mexico, Honduras, El Sal- trust fund. Indeed, the bill sets aside Secretary shall, one, initiate removal vador, Guatemala, and other countries. $30 billion to pay for Border Patrol proceedings; two, confirm that immi- It would allow for taxpayer expendi- agents. But when asked on the floor gration relief or protection has been tures to educate nationals of other how the Gang of 8 found the money, granted or is pending; or, three, other- countries ‘‘about the perils of the jour- Senator HOEVEN said he and Senator wise close 90 percent of the cases of ney to the United States.’’ CORKER were able to add the $30 billion nonimmigrants who were admitted and This amendment should have been in spending because the CBO projects extended their authorized period of ad- considered under regular order. that S. 744 will bring in more revenue mission by more than 180 days. No. 2, the amendment now includes a than it requires in expenditures. Upon So while it appears to be tough on provision that would require Customs closer examination, it is clear the pro- overstays, it only affects people who and Border Protection officials to rejected revenue under CBO analysis is overstay their visa by 180 days or 6 duce airport wait times. due to an increase in Social Security months. It also allows the Secretary to This amendment which was filed and Medicare taxes. close the cases. should have been considered under reg- This money must be set aside if So- What does it mean for the Secretary ular order. cial Security and Medicare are to re- to close these cases? Under current No. 3, the amendment now makes it main solvent. Thus, taking that tax law, an immigration judge has the harder for Border Patrol agents to en- revenue and using it for the fence power to administratively close a case. force U.S. immigration law along the

VerDate Mar 15 2010 00:33 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.020 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5000 CONGRESSIONAL RECORD — SENATE June 24, 2013 northern border by limiting the mile- are not written properly that we do not about our legislation. Throughout the age or distance agents can search vehi- know about? weekend some of the pundits and oth- cles or other forms of transportation. At the end of the day the Schumer- ers have put out information that is in- This amendment which was filed Corker-Hoeven amendment doesn’t do correct with regard to the Hoeven- should have been considered under reg- what the sponsors say it will. As we Corker amendment to the new immi- ular order. have seen all along, we are being prom- gration bill. As the old saying goes, No. 4, the Schumer-Corker-Hoeven ised one thing and sold another. people are certainly entitled to their amendment includes amendment No. I am frustrated with how the major- opinions, and we respect all opinions, 1283 that creates a ‘‘Youth Jobs Fund’’ ity has processed this bill. We should but they are not entitled to their own using $1.5 billion from the U.S. Treas- have had 3 genuine weeks on this bill facts. So I want to separate some of the ury to be repaid through fees. The goal processing amendments and having myths or misperceptions from the facts of the fund is to ‘‘provide summer and votes. Yet we are forced to vote on in regard to our amendment. year-round employment opportunities packages that were concocted behind Let me say at the outset we welcome to low-income youth.’’ closed doors. We were given 72 hours to the debate, and we welcome the oppor- This amendment should have been read the legislative text. That may be tunity to provide information. This is considered under regular order. plenty of time to read it, but it is not truly about coming up with legislation No. 5, the Schumer-Corker-Hoeven plenty of time to actually study it and that wins the support of the American amendment includes amendment No. know what is in it. Even then, the people as well as bipartisan support in 1493, which designates zones 1, 2, and 3 American people would have had a dif- the Senate, the House, in this Con- occupations involving seafood proc- ficult time getting their hands on the gress, and that is what it takes to meet essing in Alaska as shortage occupa- bill over the weekend or understanding a challenge of the magnitude of immi- tions. It also includes amendment No. its true ramifications. gration reform. So I will clear up some 1329, which extends the J visa Summer It is quite obvious I am going to vote of the misperceptions or myths that Work Travel Program to seafood proc- against this amendment. It does noth- have been circulating and put forth the essing positions only in Alaska. ing to change the legalization first phi- facts. Myth No. 1: Somehow people have These amendments should have been losophy and offers little more than not had time to read this 1,200-page considered under regular order. false promises the American people can amendment—and somehow this myth No. 6, the amendment now includes no longer tolerate. keeps getting repeated. Well, the fact amendment No. 1183, which was actu- I yield the floor. is it is not 1,200 pages. This new amend- ally pending before the Senate. It The PRESIDING OFFICER. The Sen- ment is about 120 pages that have been would allow for fee waivers on certain ator from Vermont. added to the underlying bill. So, yes, visa holders, namely O and P non- Mr. LEAHY. Mr. President, I ask all told it is 1,200 because 1,100 pages is immigrants, who come to the United unanimous consent that I be allowed to the existing bill, and we are adding an States to work in Hollywood or play speak as if in morning business, with- additional 120 pages. The underlying professional sports. out delaying or affecting the time of bill—the 1,100 pages—has been out We could have voted on this and had the cloture vote today. there since May for people to read. The regular order on that amendment. The PRESIDING OFFICER. Without roughly 120 pages right here is it. This Well, there are a lot more amend- objection, it is so ordered. is the new material. This is 120 pages. ments I could go through, but I will (The remarks of Mr. LEAHY per- We are adding 120 pages, which I think just suggest some clarifying amend- taining to the introduction of S. 1215 somebody could read in a short amount ments. And there probably should have are printed in today’s RECORD under been more clarifying amendments. of time. ‘‘Statements on Introduced Bills and This was filed at about 2 p.m. on Fri- The amendment by SCHUMER, Joint Resolutions.’’) day, and it has been available to all of HOEVEN, and CORKER also includes so- Mr. LEAHY. Mr. President, I suggest the Members. They had all of Friday to called ‘‘technical fixes.’’ One fix is re- the absence of a quorum and ask that read the 120 pages. This is the new ma- lated to the H–1B visa cap. The spon- the time be equally divided. terial—not 1,200 pages. They had all of sors of the bill, and those who worked The PRESIDING OFFICER. Without Friday to read it, all of Saturday to behind closed doors to devise an H–1B objection, it is so ordered. read it, all of Sunday to read it, and visa package, stated the annual cap The clerk will call the roll. today until now to read it. If there is would not exceed 180,000. Yet the lan- The legislative clerk proceeded to anybody who still hasn’t read it, there guage didn’t do what they said it did. call the roll. is plenty of time to read it before the As written, it provided 20,000 more than Mr. HOEVEN. Mr. President, I ask vote at 5:30 p.m. today. they claimed. So this amendment in- unanimous consent that the order for There is 120 pages of new material. cludes a clarification to say the cap the quorum call be rescinded. Let’s be clear about that. There is no shall not exceed 180,000. The PRESIDING OFFICER. Without purpose for folks to misunderstand or The second clarifying change in the objection, it is so ordered. to create misunderstanding. Why amendment is related to visas for coun- Mr. HOEVEN. Mr. President, I ask would anyone do that? Why would any- tries that have entered into free-trade unanimous consent that I be recog- one want to say there are 1,200 pages of agreements with the United States. nized for up to 10 minutes under Sen- new material when there are 120 pages During committee consideration, the ator LEAHY’s time. of new material? Well, that is the first Senator from New York added an The PRESIDING OFFICER. Without myth. amendment that would provide 10,500 objection, it is so ordered. Myth No. 2: The southern border visas for countries in the African Mr. HOEVEN. Mr. President, I rise fence does not need to be completed be- Growth and Opportunity Act and the today to address comprehensive immi- fore people are eligible for green cards. Caribbean Basin Economic Recovery gration reform and to talk specifically That is the second thing that is not Act. The change in this amendment about the Hoeven-Corker amendment. correct. What is the fact? Because that clarifies that only a total of 10,500 may The Hoeven-Corker amendment is to is wrong. The fact: The trigger explic- go to those countries rather than to secure the border. Besides myself and itly states that at least 700 miles of each country that is described under Senator CORKER, this is bipartisan leg- fencing along the southern border must the act. Still, it is not 100 percent clear islation that has 11 Republican and 4 be built before individuals can receive the clarification achieves the goal. Democratic cosponsors. This is all a green card. A subsequent provision So it is legitimate with these clari- about securing the border first. This is says DHS may decide where that fence fications and fixes, but how many more a first step for comprehensive immi- gets constructed, but the trigger lan- clarifying amendments are necessary? gration reform, and that is what we are guage is clear: We have to build 700 These two provisions were included be- seeking to do. miles of fence before anyone gets a cause my staff caught them and I come to the Senate floor today to green card. brought them to the sponsors’ atten- address some of the misperceptions The southern border is roughly 2,000 tion. But how many more provisions that have already been circulating miles from Brownsville, TX, to San

VerDate Mar 15 2010 00:33 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.022 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5001 Diego, CA. A minimum of 700 miles of curity measures, bringing the total This is a positive provision that will fence has to be built before anyone can costs of security measures for the bill ensure additional Customs and Border get a green card, and they have to go as amended to a total of $46 billion. Protection officers are in place as into what is called provisional status The U.S. taxpayer will be more than quickly as possible, and in no way for 10 years as well. made whole with the visa fees and by delays the deployment of the addi- As for this provision, the Secretary the $458 billion in additional tax rev- tional 20,000 Border Patrol agents. of Homeland Security does have some enue that results in the large deficit There are other misperceptions cir- discretion to decide where on that reduction. culating regarding the legislation. 2,000-mile border they are going to put Again, the point I made before: By That is why Senator CORKER and I put the 700 miles of fence. That makes the bringing illegals out of the shadows, out a fact sheet to rebut them. We do most sense, doesn’t it? Shouldn’t we making them pay fines, fees, and taxes, it as simply and as straightforwardly put the fence where it does the most we will generate the revenue which not as we can. We say: OK, look. They are good? Why would anyone try to say the only reduces the deficit, but way more saying there are 1,200 new pages. No, subsequent provision—which says they than pays to secure the border. Again, there are 120 pages, and on we go down can put the fence where they need to Americans want border security first, the list. put it and where it does the most which is what this amendment is So I hope people understand we are good—get construed to somehow mean about. trying to foster understanding. We we don’t have to have 700 miles of Myth No. 5: The new border patrol want people to understand this. We fence? It clearly says we have to have agents will never be hired or deployed. want people to know what is in it. 700 miles of fence. Fact: The amendment mandates that Again, we are, to the very best of our Again, let’s make sure people under- 20,000 more Border Patrol agents be ability, trying to approach this com- stand what is in the bill rather than hired and deployed before individuals prehensive immigration reform issue, confusing them about what is in the are eligible for a green card. Let me we believe, the right way, which means bill. It seems to me we can debate this, read that again. The amendment man- secure the border first. That is what and we should debate it, but let’s de- dates that 20,000 more Border Patrol this amendment is about. It is about bate it on the facts, not on creating agents are hired and deployed before securing the border first, and we do it misperceptions. individuals are eligible for a green as objectively and in as verifiable a Myth No. 3: Congress will choose not card. That is in addition to the almost way as we can. to fund the southern border security in 20,000 Border Patrol agents who are on We ask our colleagues on both sides the amendment. Congress will choose the border now. That is a total of 40,000 of the aisle to join us in rising and not to fund it. Well, the whole law Border Patrol agents on the border. meeting this incredible challenge we says, in fact, they do have to fund it, I have heard some of our Members face for the benefit of the American and the fact is the bill is fully funded. talk about how they want 40,000 Border people and the future of our country. It is funded upfront. The amendment Patrol agents on the border. That is Thank you, Mr. President. With that, adjusts the funding for border security what this does. It requires that it be I yield the floor and note the absence by $38 billion, and that is over a 10-year done before anyone gets a green card. of a quorum. period. So it is between $3 billion and Myth No. 6: Section 2302 says if a per- The PRESIDING OFFICER. The $4 billion a year we spend to truly se- son overstays their visa in the future, clerk will call the roll. cure the border. Americans want the they can still apply for a green card The assistant legislative clerk pro- border secure, so that is what we do. and become a citizen. Fact: That is just ceeded to call the roll. That cost is over a 10-year period. plain false. If a person overstays their Mr. MENENDEZ. Mr. President, I ask Under this legislation, that money— visa, a removal proceeding must be ini- unanimous consent that the order for upfront—is authorized and appro- tiated unless they are in a special legal the quorum call be rescinded. priated and put in the comprehensive status because they cannot return to The PRESIDING OFFICER. Without immigration reform trust fund. Fur- their country due to conditions such as objection, it is so ordered. thermore, that funding is paid for with an environmental disaster or a human- Mr. MENENDEZ. Mr. President, I ask immigration fees, fines, and sur- itarian crisis. unanimous consent that any quorum charges. So the illegal immigrants pay Myth No. 7: The amendment is only call time be equally divided on both for the border security. I think that is about the border and it does nothing to sides. The PRESIDING OFFICER. Without something Americans should under- address the visa overstay issue. Fact: Visa overstays currently account for 40 objection, it is so ordered. stand, and I think it is something they Mr. MENENDEZ. Mr. President, I percent of those unlawfully present in believe should happen. That is the way note the absence of a quorum. it should be done. our country. This is an important The PRESIDING OFFICER. The Again, my question is: Why is the issue. The underlying bill improves the clerk will call the roll. misperception going around that some- identification of overstays through a The assistant legislative clerk pro- how this thing isn’t funded or will not fully implemented entry-exit system. ceeded to call the roll. get funded when this amendment spe- Our amendment goes a step further Mr. CORKER. Mr. President, I ask cifically says it is funded upfront, and by mandating the initiation of removal unanimous consent that the order for the money is appropriated into the proceedings for at least 90 percent of the quorum call be rescinded. trust fund? That is what it says in the visa overstays—holding DHS account- The PRESIDING OFFICER. Without roughly 120 pages that constitute the able. The amendment also requires ex- objection, it is so ordered. new legislation in this amendment. tensive reporting to Congress every 6 Mr. CORKER. Mr. President, I rise to Myth No. 4: The amendment puts the months to facilitate oversight of this speak on the amendment at hand. My American taxpayer on the hook for $38 important overstay issue. understanding is Senator LEAHY has al- billion. I think I covered this one pret- Myth No. 8: The 20,000 additional Bor- lowed me to use some of his time. ty well just a minute ago, but I have der Patrol agents won’t begin to be de- The PRESIDING OFFICER. Without additional information to make sure ployed until 2017. Fact: Under the objection, it is so ordered. people understand. Hoeven-Corker amendment, the Border Mr. CORKER. I will be brief. I spoke CBO says the underlying immigra- Patrol must deploy 20,000 additional at length earlier today on this amend- tion bill will reduce the deficit by $197 agents before registered provisional ment. I wish to speak especially to my billion in the next 10 years and by $690 immigrants can obtain a green card. side of the aisle as it relates to this billion during the second decade. That The only reference in the bill to the amendment. is almost $1 trillion in deficit reduction year 2017, as it relates to the deploy- There is a lot of confusion over what over the next two decades. The total ment of border security resources, is to is happening tonight, and I just want cost of security measures added by the a mandate on DHS that says the 3,500 to make sure everybody understands. Hoeven-Corker amendment is—as I said Customs and Border Protection officers No. 1, we have a cloture vote this just a minute ago—about $38 billion. assigned to points of entry must be evening on the amendment. It is a bor- The base bill designates $8 billion to se- hired by and must be in place by 2013. der security amendment. It is not the

VerDate Mar 15 2010 00:33 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.024 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5002 CONGRESSIONAL RECORD — SENATE June 24, 2013 cloture vote on the bill. There still will thing, again, Republicans have wanted tunity to look at it—that takes away be the opportunity for additional for a long time. the idea that the Homeland Security amendments to be considered. So peo- It adds 350 miles of fencing to the 350 person will put out a plan 180 days ple can sense—I do want to say the miles we now have, creating 700 miles. after we pass this bill and, instead, very people who seem to be wanting We have had amendments to that effect puts in place tangible, measurable cri- amendments are the same people who that almost every Republican voted teria, things that every American can are opposing amendments, so I hope for. That is a part of this amendment. see in place before persons transfer that will get worked out on the floor. It puts in place an entry-exit visa from a temporary status to a green But tonight’s vote is simply a cloture program. Again, people know 40 per- card status. vote on an amendment that was offered cent of the immigration issues we have For what it is worth, Governor Brew- on Friday, and that is all it is. So there in this country are because of visa er, who is the Governor of Arizona, who will be another cloture vote. No one is overstays. This attempts to solve that probably knows more about border se- giving up rights relative to this bill. by putting in place a very measurable curity than anybody in this body, Secondly, this amendment we are trigger. today came out and said if we could voting on is 119 pages long. Because of In addition to that, E-Verify has to pass this amendment as part of the im- the rules of construction in the Senate, be fully in place. migration bill, it would be a tremen- this 119-page amendment was added to Again, all five of these have to be in dous victory for Arizona, a place that the base text. A lot of people under- place before people transition from a probably has more issues of border se- stand that is just the way we do things temporary status to a green card sta- curity than any State in the country. here, when an amendment touches var- tus. So if you vote for this amendment So I will just ask my Republican col- ious pieces of a bill. But this amend- tonight, you are voting to have those leagues, why would anyone even con- ment is 119 pages long. It has been five tangible, measurable issues in sider voting against an amendment added to the base bill which makes the place. that puts in place very stringent bor- bill itself over 1,200 pages. Let me talk about this. We have had der requirements in place of one where Members of this body have had access a big debate over the trigger. By the we have no idea what is going to take to the base bill since May. It has been way, for what it is worth, I understand place? through committee. It has been amend- the concerns on the other side of the Republicans have asked that Con- ed. People have been able to look at it. aisle about a trigger that is subjective. gress weigh in. I do not know how Con- I say to people viewing in, 119 pages In essence, what happens down on the gress could weigh in any more than in legislative language is triple-spaced, border right now is the Border Patrol spelling out what is going to happen. on small pages, and generally is about agent sees a Cheetos bag, literally, and To my friends on the other side of 25 to 30 pages in regular reading. I has to decide whether 10 people ate out the aisle, I would say to you, to me, would just say that a middle or high of that Cheetos bag and left it there or this is something that allows us to school person in Tennessee could read 1. Let’s make a subjective guess. So the know that once this process occurs, this amendment in about 30 to 45 min- other side of the aisle said: We do not there is a tangible line in the sand we utes. I am assuming staff can walk peo- want anything subjective like that. can measure, to know we cannot move ple through much more quickly if they Our side has wanted some tangible the goalposts—we cannot move the wish or one could go into much more triggers. I used to build shopping cen- goalposts—and at the end of the day we detail. But the point is it is not as if ters around the country—retail end up with a balanced bill. something has been dropped on people projects in 18 States. When I completed I will close with this. I know I said I that is from outer space. This is 119 the project, the whole community would close a minute ago. I will say pages. It is easy to read. All of us could could see it was done and I got paid. I one more thing. I look at what we are read it in a very short amount of time. would not have wanted a trigger that trying to accomplish in this bill and I I am sure people would want to spend said: Did we meet 90 percent of the re- look at the people who have come more time than that. tail needs of the community? I built across our border to work—to work. I So let me go back to what this what was laid out. That is what this know many of them have created com- amendment does. In the base bill right amendment does. It lays out five meas- panies and have been entrepreneurs now it states the head of Homeland Se- urable triggers that people who have and contributed in all kinds of ways. curity would lay out a plan 180 days wanted border security for years have Many of them have just walked across after passage of this legislation. Then, pressed for. to support their families. They raise 10 years from now, this same person—it I am almost finished. our kids in many cases. They pick our might be a different person, but the The cost of it. A lot of people have crops. They serve us in restaurants. head of Homeland Security—would de- said: The cost of this is $46 billion over They build our homes. They build our cide whether that plan has been imple- a 10-year period. It is expensive. Some buildings. They do many other things. mented. of them are one-time costs. But as it To me, what people on both sides of the Many people on my side of the aisle relates to the overall bill—not the aisle have done in trying to agree to viewed that as a little abstract and amendment—the bill states—by the this motion tonight is to put in place wanted to improve it. There have been way, these measures do not go in place something that is tangible, something numbers of measures authored on the unless the bill passes. But there is $197 that cannot be changed down the road. floor. I voted for almost every single billion in return over that 10 years. If this amendment is passed—even one of them to strengthen the border. I wish to say to everybody in this though there may be people who vote It has been something Republicans body, I have never had the opportunity against the overall bill—voting for this have championed for years. as a Senator—I have been here 61⁄2 amendment strengthens the bill. It So this amendment would take away years—to potentially be in a place to says, if we pass it, we have a bill, in my that base language saying the Sec- vote for something that spends $46 bil- opinion, that meets the test of the retary of Homeland Security would lion over 10 years and generates $197 American people. We are securing the make a plan and decide and would put billion back to the Treasury over 10 border, but we are allowing those peo- in place five very important measures. years without raising anybody’s taxes. ple at the back of the line to have some The first would be deploying and I have never had that opportunity. I pathway to continue to live the Amer- training 20,000 Border Patrol agents. would imagine every private equity ican dream, the same things we want That is doubling the number of Border company, every hedge fund in America for our sons and daughters all across Patrol agents we have in the country, would want to participate in that kind our country. something Republicans have wanted of ratio. I yield the floor and thank the Pre- for a long time. I am going to close with this: The siding Officer for the time. Secondly, the amendment authorizes choice tonight is to vote cloture on an The PRESIDING OFFICER. The Sen- $4.5 billion on technology to create the amendment—not on the bill, an amend- ator from Louisiana. kind of technology that gives us situa- ment—that has been on the floor for 75 Mr. VITTER. Mr. President, I rise to tional awareness on the border—some- hours—everybody has had the oppor- also address this most recent backroom

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But my fundamental concern is gration bill came to the floor—we had should use that same approach. The simple. I believe this amendment is de- 46 rollcall votes on amendments. This American people get it. Why can’t we? signed to pass the bill. I do not believe time around we have had only 9, and The American people also get the very it is designed to truly fix the bill. In now we have the prospect of cutting off closed backroom deal nature of the that sense, I am concerned this is a fig- the amendment process—9 out of 350 process that is going on. They want us leaf border security amendment— amendments filed, 2.5 percent of the to work. They want us to debate. They again, all about passing the bill, not filed amendments. want us to propose. They want us to truly fixing it. Again, this is what is wrong, in the vote out in the open, not certain mas- I say that for two simple reasons, the eyes of the American people, with Con- ters of the universe coming up with two basic flaws in the underlying bill gress, with the Senate. This is one of gang deals outside of here and then that this amendment does nothing to the things I came to change. I came to shutting down a full, open, free amend- address. First of all, the amendment, the Senate to work—developing and in- ment process. as the bill, is amnesty now, enforce- troducing legislation, working hard in It is not too late. It is not too late to ment later, maybe. Secondly, on the the appropriate committees, voting, of- look clearly at this amendment and enforcement piece—which the authors fering floor amendments, voting on vote no. It is not too late to have an of this amendment are arguing for so those. But these gang deals, negotiated open amendment process on the floor strenuously—there is no metric about behind closed doors, particularly when this week. I urge all of my colleagues— actual effect, actual achievement. The they cut off and muffle the amendment Democrats and Republicans—to do just only metric is spending money. We all process, are not that sort of work. that. know the U.S. Government, the Fed- Again, the masters of the universe With that, I yield back the floor. eral Government, is great at spending have conspired among themselves. The PRESIDING OFFICER (Ms. money. It has never been better at They have allowed certain Members HIRONO). The Senator from New Jersey. spending money than under this cur- into that back negotiating room, un- Mr. MENENDEZ. Madam President, I rent administration. doubtedly for the price of a ‘‘yes’’ vote. wish to make some observations. I But if that were all that mattered, Worst of all, this threatens to com- know several of my other colleagues then we would have a rip-roaring econ- pletely shut off the open, fair amend- will continue to pursue their views on omy with unprecedented growth. If ment process. the floor. I did not intend, when I was that were all that mattered, then we That is why this morning I coau- asked to sit in for Senator LEAHY for a would have the best educational sys- thored a letter to Senate Majority while, to say anything. But some tem on the planet. If that were all that Leader REID, with 13 of my colleagues, things just cannot go unresponded to. mattered, we would have solved prob- addressing this very problem. In the I heard a lot about the 2007 bill, how lems such as violent crime and many letter we state clearly: that process took place. But what has others. But the metric cannot be We believe that there should be, AT A failed to be mentioned is that the 2007 spending money. The metric has to be MINIMUM, this same number of roll call bill did not go to the Judiciary Com- achieving security, achieving some rea- votes— mittee. It went straight to the floor. sonable level of border and workplace That is as in the 2007 debate— Now, this bill, in addition to the time security. on serious, contested floor amendments on that it was out there when the Gang of I am also very concerned about the the Gang of Eight’s immigration bill. This 8 proposed it, went through weeks— backroom deal and the process that got can clearly be accomplished this week with a weeks—of the Judiciary Committee us here. I think it is important for the little leadership and coordination through going through its process: 140 amend- one or more compact series of 10-minute ments were heard and adopted, many of American people to know exactly what votes with senators seated at their desks. happened in the last few weeks and, in them Republican and most of them bi- Continuing with the letter, we say: particular, at the end of last week. partisan. So there were 140 changes About 350 amendments were filed to Further, we will give our consent to any made to this legislation through the reasonable consent request if this is assured. this bill. They covered all sorts of top- This would specifically include replacing the regular order process. ics—certainly including every impor- one or two cloture votes and one final pas- So there is a fundamental difference tant enforcement matter. Many of sage vote on the bill with one final passage between 2007 and this legislation. There these amendments struck to the very vote with a 60-vote threshold late Thursday, is another fundamental difference; that core of the Gang of 8 compromise bill. as well as clearing all truly non-controver- is, for the 2 weeks this bill has been on As Ranking Member GRASSLEY has sial amendments. the Senate floor, Republicans, on a se- noted, the Judiciary markup was an I hope all Members of this body look ries of offers, opposed allowing amend- open process in which nearly all carefully at this bill we are going to ments to go forward, including amend- amendments were considered in a fair, vote on in about an hour regarding clo- ments of their own Republican col- decent manner. However, as Senator ture. I hope all of us look hard at the leagues. Why? Because they believed GRASSLEY also noted earlier today, on details and recognize it does not amendments being offered by some of the floor, it is a very different atmos- change the core fundamental flaws of their Republican colleagues would phere and the fix apparently is in. We the underlying bill. Still, as in the un- make the bill more acceptable to Mem- are seeing that on the floor. The fix derlying bill, the amnesty is first, vir- bers on their side of the aisle. So in- seems to be in—another closed-door tually immediately, the enforcement is stead of allowing their own colleagues agreement, loaded with ideas that have later, maybe. As in the underlying bill, to have the amendments and have their been accepted for ‘‘yes’’ votes to ensure there is no true metric of effectiveness, say, they opposed unanimous consent the support of particular Members. of enforcement bearing fruit. There is agreements to move forward because The amendment is 1,100 pages long— simply the metric of spending money, they did not want their colleagues to longer, I believe, than the original which the Federal Government can do have an opportunity to have that bill—and because of this development, very effectively. Surely, any Federal amendment, and maybe if that amend- the full and fair floor amendment proc- Government, particularly under the ment was adopted then find a way to ess has come to a grinding halt. Obama administration, will pass that vote for this bill. That is exactly what is broken with test with flying colors. That is pretty outrageous. Then to the Senate. Rather than doing the peo- The American people do not want come to the floor and suggest that ple’s business out in the open—with amnesty first. They want enforcement there has been an impediment over at floor amendments, with debate—in- first. The American people do not have least the last 2 weeks to being able to

VerDate Mar 15 2010 00:33 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.027 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5004 CONGRESSIONAL RECORD — SENATE June 24, 2013 consider a variety of amendments, Then we have heard that having I respect their right to have that when they themselves opposed amend- greater Border Patrol agents at the view. But to suggest that it is the proc- ments, including from their colleagues border would dramatically help us ess, when really what they want to see on their side of the aisle—— achieve border security. Well, this is no comprehensive immigration re- Mr. LEAHY. Would the Senator yield amendment doubles—doubles—the form, I think they should say what for a question? amount of Border Patrol agents at the they really believe. So that is what is Mr. MENENDEZ. Yes, I will. border. It brings it from about 21,000 to before us. Mr. LEAHY. The Senator is probably 40,000, 41,000 Border Patrol agents Finally, on a series of issues that aware of the fact that we have a large through the course of this legislation. have been raised, for example, on waiv- number of amendments that were from Now we hear: That is just wasting ers, the reality is the limited waivers both Republicans and Democrats. We money. do not give anyone a free pass or take suggested that they are all acceptable, Well, what is your plan? I have heard away the government’s ability to say could probably be adopted by a voice all of these things that this amend- no to any given individuals. They do vote, both these Republican and Demo- ment includes that were part of your not grant unlimited discretion to deci- cratic amendments, but that has been plan in the past. But because it is not sionmakers. Decisionmakers would not rejected by the other side. Is the Sen- your amendment, even though it is of- be able to exercise discretion in cases ator aware of that? fered by Members on your side of the involving immigrants who have mul- Mr. MENENDEZ. I am aware of that. aisle, including from border States, tiple criminal convictions, who have I heard the distinguished chairman suddenly it is not acceptable. Suddenly committed particularly serious of- make that offer at various times and I it is not acceptable. fenses or otherwise pose a threat to na- There is the suggestion that there is heard that offer rejected various times. tional security or public safety. Those somehow a backroom deal. I see this Mr. LEAHY. I might ask another restrictions, by way of example, apply question. The Presiding Officer has an amendment as the personification of what the American people are trying to to terrorists, gang participants, drug amendment involving women that traffickers, human traffickers, money would be easily accepted, but we can- see this body do, which is Republicans and Democrats from different parts of launderers, international child abduc- not get that agreement. The Senator the country, from different ideological tors, unlawful voters, just to name a has been here a long time in both bod- views, coming together in order to few. So I think there is a ies. It is my recollection—is it correct compromise, in this case to seek a very mischaracterization in order to create at least in the past—that when we have strong compromise on border security the fear. a group like that, both sides should as part of comprehensive immigration Finally, they will question that no come together and accept them. Is that reform legislation, which in poll after matter what, no matter what is done in the normal practice? poll across the party spectrum has this bill, no matter how many enforce- Mr. MENENDEZ. The Senator is been sought by the people in this coun- ment provisions exist—interior en- right. When there is a series of amend- try. forcement, an entrance-exit visa re- ments that would improve the bill and That is the essence of what this quirement, and systems to check that are agreed to by both sides and are, in amendment is all about. So if you be- whoever comes in this country, make fact, noncontroversial, it has been the moan the lack of bipartisanship, then sure they exit and that there is a fol- regular order to get those amendments you should not be bemoaning this low-up in the E-Verify system, which disposed of and on the way. amendment because this amendment means everyone in the country, when Mr. LEAHY. I appreciate that. The is, in fact, the essence of that biparti- they go for a job, now they are going to Senator from New Jersey has the floor. sanship and moves us in a direction on have to go to a system to make sure I appreciate him coming here and say- border security that I do not believe they, in fact, have the right to work in ing this. Nobody in this body of either has existed in any legislative proposal this country; all of the Border Patrol party has worked harder and more dili- that has come before the Senate. It is agents, all of the fencing—despite all of gently than the Senator from New Jer- an incredible movement toward border that, there are those—and that the in- sey on comprehensive immigration re- security, and it becomes one of several dividual who is undocumented in the form. triggers. country will have to wait a decade—a Mr. MENENDEZ. The reality is this What do we mean by a trigger? A decade—before they will even have the is a different process. Now, I know condition precedent. We believe these opportunity to adjust their status to there are allusions that this amend- condition precedents can be met be- permanent residency, assuming, as the ment is 1,100 pages long. We all know cause at the end of the day we want to legislation calls for, all of these ele- this amendment only took the under- achieve greater security for our coun- ments I have just talked about are in lying bill and added the amendment to try both at the border and in entrance- place—are in place—who suggest that the underlying bill. So to suggest that exit visa issues and interior enforce- that is amnesty. there is a new 1,100 pages is disingen- ment issues and in workplace verifica- Amnesty means you do something uous. It is not the case. tion, with the E-Verify system. All of wrong and you get forgiven. But you do Everybody has known what the these elements are in the legislation. not have to do anything to be forgiven, amendment is about. The underlying All of them. And many of them are en- you just get forgiven. This is not am- bill has been on the floor for 2 weeks. hanced so that we can get to where we nesty. These individuals have to come Before that, it came out of the Judici- want. forth, they have to register with the ary Committee. I think everybody Now the problem is that there are government, which is incredibly impor- knew what it was. So I think it is not colleagues here who, if 10 angels came tant because I cannot secure America fair to have the American people be- swearing from above in the heavens unless I know who is here to pursue the lieve that somehow this legislation that this is the best legislation to se- American dream versus who may be just came onto the desks of Senators cure the Nation, to promote its eco- here to do it harm. We have millions of and they are voting in the blind. nomic opportunity, to make sure we people in the shadows, undocumented. I find it interesting—you know, I have and preserve family reunification We do not know what their purpose is. have listened over the years, the 7 as a core value, that we have the future Then, after they come forward and years I have been here, and before that flow of workers so that we can deal register with the government, they in the other body, in the House of Rep- with the abilities of different sectors of have to go through a criminal back- resentatives—I hear those who want a our economy to have the human cap- ground check. If they fail it, they get fence. A fence is a significant part of ital like the high-tech industry, to be deported. If they pass it, then they get the solution to the question of border able to produce that human capital so a temporary opportunity to stay here security. Yet here we go. There is near- that America can continue to be at the with a permit to work and visit their ly 700 miles of fencing in this legisla- apex of the curve of intellect and glob- families. tion by virtue of this amendment that ally competitive, they would say: No, They have to earn their way, pay will be considered. Oh, no, no, no, no. these angels lied. We will never satisfy their taxes, learn English over the We do not want a fence. those individuals. course of a decade, and then, finally,

VerDate Mar 15 2010 00:33 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.032 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5005 after a course of a decade, finally be el- side wants a vote on. We are ready, and For starters, this underlying bill re- igible when all of those conditions have we have been all along. It is not true to lies upon the same sort of budgetary been met. That is not amnesty; that is say that the minority has been block- gimmicks that were used to pass the earned. That is earned opportunity to- ing amendments to this bill. That Affordable Care Act, now known ward legalizing their status in this makes no sense whatsoever. The major- colloquially as ObamaCare. We have country. ity wrote the bill. been told in the underlying bill that it So this is what poll after poll of The minority has all the incentives reduces the Federal deficit by $197 bil- Americans say they want to fix this to offer amendments. Why in the world lion over 10 years. I have even heard broken immigration system. For some would we block our own amendments, some of my Republican colleagues cite of my friends, there will never be a fix but for the fact that the majority lead- that as if this is somehow free money: sufficient for their view. For some of er wants to choose which of those Hey, we can spend this money because my friends, it is very clear they do not amendments he will somehow allow us the underlying bill reduces the Federal support any pathway to citizenship to offer. It makes no sense whatsoever. deficit by $197 billion. under any set of circumstances. That is I have heard some suggest that this is The Congressional Budget Office has a view they have the right to hold, but a minor vote we are going to have at pointed out that the only way we can it is a view not supported by the Amer- 5:30, that there are just modifications view that as free money—which is an ican people. It is a view that does not to the underlying bill. oxymoron if there ever was one—is by honor our Nation, which has a history This is the amendment we will vote double counting the $211 billion in off- of immigrants. It is a view that has on. It was released late Friday evening, budget revenue that will be needed to created enormous problems in Europe and we have been poring over line by fund Social Security for the newly le- because immigrants in those respective detail ever since. This is not a minor galized immigrants. In other words, countries never find a way to earn matter; this is a serious amendment. this is money they are going to pay their way to become a citizen of that The Schumer-Corker-Hoeven amend- into Social Security that they are country, and you have seen the unrest ment makes enormous changes in the going to eventually take out. To act in those countries. We do not want that underlying bill. I wish to talk about like you can use it to pay their Social in America. some of those changes. Security benefits and at the same time Back when this underlying bill was I intend to vote for cloture for the bi- use it to fund this bill is double count- proffered, the framework for it was partisan amendment. It does a lot that ing. proffered by the so-called Gang of 8, I think in many respects goes way be- That is a budget gimmick. That is Senator DURBIN, the distinguished mi- yond what I contemplated. That is the the same sort of gimmickry that has nority whip from Illinois, said in 2013 a essence of compromise. It is the es- gotten us $17 trillion in debt, and it is pathway to citizenship needs to be sence of moving forward. It is the es- perpetuated under this bill. ‘‘contingent upon securing the border.’’ sence of solving a problem that has If we were to use real-world account- That was the bipartisan framework for vexed us way too long. It is an oppor- ing, the same sort of accounting every comprehensive immigration reform in tunity to fix our broken immigration family, every small business in Amer- January 2013. system. ica has to use, they can’t double count Six months later we find a different the money. They have to use real hard I urge my colleagues to cast their story. He says: ‘‘We have de-linked a votes and be not only on the right side numbers. If we use the same sort of ac- pathway to citizenship and border en- counting that families and small busi- of what is necessary for the country, forcement.’’ He was quoted in the Na- but be on the right side of history. nesses across America have to use day tional Journal on June 11, 2013. He has in and day out, we will find that the I yield the floor. not suggested since that time that it The PRESIDING OFFICER. The Re- underlying bill actually increases the was taken out of context or a mis- publican whip. budget deficit by more than $14 billion quote. Mr. CORNYN. Madam President, What it demonstrates is how far we over the next decade. This is spending there is first a matter of fairness when have come from what was promised 6 more money we don’t have, adding to it comes to offering suggestions to months ago and is now being delivered. our annual deficit, adding to our na- amend legislation that is on the Senate I believe the American people are enor- tional debt, putting us further and fur- floor. Under the ordinary practices and mously generous and compassionate. ther in the hole when it comes to our procedures of the Senate, the majority There are circumstances under which fiscal condition. One of the other problems is that and the minority have an opportunity the majority of Americans would say even since the Congressional Budget to offer amendments to modify the un- we believe people who have entered our derlying bill. On a subject as important country without complying with our Office looked at the underlying bill, we and as fundamental to who we are as a immigration laws or who have entered don’t yet have an official cost estimate country and to our country’s future as legally and overstayed, the so-called from the Congressional Budget Office immigration reform, there have been visa overstays, we believe they should for this bill that basically rewrote the nine amendments voted on in this bill get a second chance—but not by de- entire underlying bill. We still don’t in the last 2 weeks—nine amendments. manding a pathway to citizenship and have an official budget estimate from To listen to my colleagues in the ma- delinking it from border security and the Congressional Budget Office, and jority who are happy with the under- other important measures that will we don’t know when that is likely to lying bill because they wrote it, they make sure we don’t repeat the mis- come. Yet we are going to be required act as if we have had a fulsome oppor- takes of 1996. by the majority leader, because he is tunity to offer amendments. We have When Ronald Reagan signed an am- the one who sets the schedule here by been willing to have votes as long as nesty for 3 million people, the Amer- virtue of his being the majority leader, we get votes on our amendments. It is ican people were told this will never we are going to be required to vote on not just the majority that has the op- happen again because we are going to a cloture motion at 5:30 this evening, portunity to modify the underlying enforce the law this time. It didn’t hap- in about an hour—before we even know legislation and to debate it, the minor- pen, and the American people were jus- from the official scorekeeper for the ity has rights too. Our side wants a tifiably skeptical as to whether it will Congress and the Federal Government right to choose our own amendments, happen again, particularly when this exactly how much this costs, what the not to have the majority leader choose sort of sleight of hand takes place assumptions are, and whether we are which of our amendments he is going where we are told in January the path- still going to be looking at double to deign to allow debate and votes on. way to citizenship is ‘‘contingent upon counting the revenue that is coming in That is not democracy. That is not the securing the border,’’ only to find out 6 and looking to that to pay for the costs Senate. That is a dictatorship. months later it has been delinked. of this bill at the same time we are We will not allow the majority to tell If Congress can’t keep a 6-month-old going to have to pay it out in bene- us which of our amendments will be al- promise, it is never going to be able to fits—double counting. We don’t know if lowed to be considered. We can have keep any of the promises contained in that continues under this bill, but I votes on any amendments the other this amendment. dare guess that it will.

VerDate Mar 15 2010 02:11 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.033 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5006 CONGRESSIONAL RECORD — SENATE June 24, 2013 Some of our colleagues on both sides to come, work, immigrate to the Is 100 percent situational awareness of the aisle previously expressed real United States, and then allow law en- required? Not under the Gang of 8 bill. consternation at double counting back forcement focus on the criminality, the Not under this amendment. There when ObamaCare was passed and back drug traffickers, the human traf- would have been under my amendment during the 2009 stimulus package. fickers, and other people engaged in il- of last week. Some of them issued press releases say- legal conduct. A biometric exit trigger. There is ing: You can’t spend the same money Ms. Meissner appears to be saying none under the Gang of 8 bill and none twice. Yet today here we go again. This that makes a lot of sense when it under this amendment. is another reason I am so concerned comes to ‘‘a modern 21st century bor- Here is perhaps one of the best and about where we find ourselves: being der.’’ most obvious reasons why people don’t jammed into voting on this piece of Other experts have said and quoted in trust promises of future performance legislation without an official score of the same article in the Arizona Repub- when it comes to Congress—because 17 the Congressional Budget Office, be- lic, June 20, Adam Isacson: ‘‘There may years ago Bill Clinton signed into law a fore, I daresay, every Member has had be some room for more agents, but not requirement for a biometric entry-exit a chance to read it and understand it, for 20,000.’’ system. Now, ‘‘biometric’’ is a big and when it relies on double counting John Whitley said: ‘‘We should look word. It could mean just fingerprints and other gimmicks that have gotten at what we are trying to achieve—at or an iris scan or facial recognition, us $17 trillion in debt. the outputs instead of the inputs.’’ but it is something you can’t cheat on I also worry that my colleagues who In other words, what this approach because it depends on a bodily char- support this particular amendment, does is say we are going to look at all acteristic that is immutable and can- while I stipulate to their good inten- the equipment we can buy, the tech- not be changed, such as fingerprints. tions, their approach is one based sole- nology we can deploy, the boots on the So it was 17 years ago when President ly on throwing more money at the ground, but we are going to turn a Clinton signed the law which Congress problem without having any plan, blind eye to the outputs or the goals passed, a biometric entry-exit require- strategy, or any real mechanism for that we are presumably trying to ment, and it still hasn’t been imple- ensuring that money is spent sensibly, achieve. Mr. Whitley agreed with that. mented. And while people think that and it accomplishes the stated goal. He said: mainly illegal immigration is caused Last week some of my colleagues We should look at what we are trying to by people entering the country across gave me a hard time because I offered achieve—at the outputs instead of the in- our borders, such as the 1,200-mile an amendment which would raise the puts. Otherwise, seven years from now we’ll Texas-Mexico border, the fact is that 40 number of the Border Patrol agents by be sitting around saying we don’t know percent of illegal immigration occurs 5,000. They said: We can’t afford it. The which bits work and which bits are wasteful. because people come in legally and underlying bill has zero new Border Pa- I know some of our colleagues on the overstay their visa, and they simply trol. other side of the aisle—Senator LEAHY, melt into the great American land- My amendment offered 5,000 addi- for example, who is managing the bill scape. Unless they commit a crime or tional boots on the ground. They said: for the majority, the chairman of the otherwise come in contact with law en- We can’t afford it. That is a ridiculous Judiciary Committee, said it looks like forcement, we never find them again. suggestion. a laundry list for defense contractors. I Here is the other problem in the un- Imagine my surprise when this think I am paraphrasing correctly. derlying bill. Even if these require- amendment that was filed so recently Then he said: If that is what it is going ments required results rather than calls for 20,000 Border Patrol agents. to take to get them to vote for the bill, promises of performance, unfortu- This is a fourfold increase, even though then I am for it. I am going to support nately, under the underlying bill and experts across the political spectrum it. now again in this amendment we are have said that doubling the size of the Once again, the underlying bill puts going to vote on at 5:30 today, the Sec- Border Patrol in and of itself, while it symbolism over substance, and they retary of the Department of Homeland may provide some political figleaf for are hoping the American people will Security has the unilateral discretion voting for this bill, does not and will not notice. As I have said repeatedly, and authority to waive all of those re- not solve the problem. the so-called border security triggers quirements. This is the same person I wish to know, for example, where in the underlying bill are sheer fantasy who said the border is secure even that number came from. How did my and wishful thinking because they are though the General Accounting Office colleagues turn on a dime from saying activated by promises of more money said in 2011 only 45 percent of the bor- we needed zero additional Border Pa- and more promises than they are on ac- der was under operational control. She trol, to saying 5,000 was a ridiculous tual results. I am afraid the underlying may well be the only person in Amer- suggestion, and are now saying 20,000 is Schumer-Hoeven-Corker amendment ica—the only person in America—who exactly right? What expert, at what does nothing to change that. believes the border is under control be- hearing was the testimony offered to Here is a comparison of the approach cause it demonstrably is not. Yet she is support that sort of expense and that under the underlying Gang of 8 pro- given the authority to waive these re- sort of approach? posal, the Corker-Hoeven-Schumer quirements in this amendment we will Don’t just take my word for it. There amendment, and an amendment I of- vote on at 5:30. was a story in the Arizona Republic, fered last week which was tabled. We Then there is this: Under the under- dated June 22, quoting a number of ex- have the question, Is operational con- lying bill an individual can beat their perts on immigration and border secu- trol of the border required? Under the spouse or their partner, they can drive rity. Doris Meissner, who used to be Gang of 8 bill? No. This amendment? drunk and threaten the lives and liveli- the head of the Immigration and Natu- There is no requirement. hoods of American citizens, and they ralization Service, the predecessor to Under the amendment I offered last can still qualify for RPI status and get the Department of Homeland Security, week, an individual would not be able on a pathway to citizenship. As a mat- called the approach in this amendment to transition from probationary status ter of fact, under this underlying bill ‘‘detached from the reality on the to legal permanent residency until that they could actually have already been ground.’’ She said it is ‘‘detached from happened. That is not to punish any- deported, having committed a mis- the reality on the ground’’ and said it body, but what it does is it realigns all demeanor, and still be eligible to reen- would make more sense to invest in the incentives for everybody involved ter the country and become the bene- creating ‘‘a modern 21st century bor- in this discussion, whether Democratic ficiary of RPI status and put eventu- der, which includes enforcement but or Republican or Independent, whether ally on a pathway to citizenship. That also trade and travel and facilitating conservative or liberal or whatever. It is a terrible mistake. I don’t know any- crossing and reducing waiting time.’’ would have realigned all the incentives body who believes we ought to be tak- This makes more sense to me because to make sure we would have hit this ing people who have shown such con- part of the underlying premise for the target of operational control of the tempt for the rule of law and the bill was to create a legal way for people border. health and safety and welfare of the

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One is what I would hope most of us in this they had a guarantee that we would Reagan described as the shining city on Chamber would agree that immigrants not be back here doing this same thing a hill and that people coming here with multiple drunk driving or domes- again in 5 or 10 years are going to have make us better. There is no question tic violence convictions should never nothing but a bunch of broken prom- about that. What he wanted in 1986 was be eligible for legalization, especially ises to show for it. not all walls, as some people wanted, after they have already been deported. For me, it is a very sad episode in a not all doors, as some people wanted, Yet the underlying bill, the so-called very important Senate debate that has but a wall with doors. Gang of 8 bill, and the Schumer- huge ramifications for the future of our So there are two basic facts that con- Hoeven-Corker amendment will grant country. At the start of this debate, I front us. One is that the rule of law is immediate legal status to criminals, had high hopes that the Gang of 8 was the glue that holds us together. And including those already deported, as I serious about keeping promises and de- when we hear talk about the American said, and including people who have livering real bipartisan immigration people having confidence as to whether committed domestic violence, even reform that could pass the House of we are going to enforce the rule of law, with a deadly weapon. I still can’t Representatives. But now I see it is whether it is on immigration or any- quite get my mind around that, but it just the same old beltway song and thing, the very fact is that fabric is true. dance. What a shame. What a lost op- which is holding this Nation together Our standards when it comes to portunity that is. is being stretched very thin right now, granting legal status to people who Now I believe all eyes and attention and the last thing we should do in an have come into our country in viola- will turn to the House of Representa- immigration bill is to stretch that fab- tion of our immigration laws and/or tives, where I hope the House of Rep- ric further in terms of the confidence who have come in legally and over- resentatives will take a more careful, of the American people and in terms of stayed should be crystal clear. We step-by-step approach in addressing our the rule of law. This bill and this amendment is full should differentiate between people broken immigration system. My hope of holes all throughout as far as the who have made a mistake and are will- is that ultimately we will get to a con- rule of law is concerned. My colleague ing to pay for it—pay a fine, be put on ference committee that will fix the un- from Texas outlined some of that. He probation, and successfully complete derlying approach and problems in this also outlined the capability of the that probation—and people who have amendment and in this bill and will waiver—waiving the border fence, wav- come in and shown such contempt for allow us to successfully address our ing the requirements for RPI status. It our laws and the rule of law as to have broken immigration system that serves is all written, but it is written so that engaged in a history of drunk driving no one’s best interests. the Secretary of Homeland Security or domestic violence. They should be I am not one who believes ‘‘no’’ can waive almost every portion of it. automatically disqualified from receiv- should be the final answer when it So that is not the rule of law, that is ing probationary status. I find it re- comes to our broken immigration sys- the rule of rulers and whatever the rul- markable that we are even debating tem. I actually believe we need to fix ers decide. this issue in the first place. it, and we need an immigration system One of my great disappointments in A few final points. We are going to be that reflects our values and reflects the the Senate is that we too often don’t asked to vote on legislation that was needs of our growing economy in a follow regular order. This bill was put crafted behind closed doors, with no globally competitive environment, but together. It did go through the Judici- chance for amendments. As a matter of this bill is not it. ary Committee, but not once did it fact, I believe that once the majority There will be no way to enforce the come through the Committee on Home- leader gets cloture on this amendment, promises that are so readily made land Security and Governmental Af- we will have virtually no other oppor- today in the future. Notwithstanding fairs, Homeland Security, where Border tunities to offer any additional amend- the best intentions of the people who Patrol, where ICE, USIS—where all the ments and get votes on those amend- offer this amendment, many of us implementation of anything that is in ments after only having votes on nine won’t be here 10 years from now. No this bill will take place; where, by the amendments so far. That is an outrage. Congress can bind a future Congress. way, all the knowledge, all the experi- We are going to be asked to vote on No President can bind a future Presi- ence of all the members on that com- legislation filled with special interest dent. And if we are depending for the mittee for the last 10 or 12 years, with 1 goodies, with earmarks and pet spend- next 3 ⁄2 years on Janet Napolitano, the the exception of Senator MCCAIN, was ing projects, and we still don’t have an Secretary of Homeland Security, and not utilized in putting this bill to- official cost estimate by the Congres- President Obama to enforce the mecha- gether. So what we have is some very sional Budget Office. We are being nisms in this bill, I am afraid we are good effort and well-intentioned effort asked to vote for legislation that will going to be sorely disappointed. And by a lot of people to do some things, continue the three-decade pattern of how can we possibly know what the but let me outline where they have it broken promises on border security. In next President and future Congresses wrong. short, we are being asked to vote for will ultimately do? That is why it is so The National Association of Former more of the same. critical, if we are going to keep faith Border Patrol Officers wrote a letter I know my good friend from Ten- with the American people, to have a denying the fact that we need 20,000 ad- nessee Senator CORKER has been one of mechanism in this bill that will force ditional Border Patrol agents. Here are the best new additions to the Senate. all of us across the political spectrum the people who know. How stupid is He has remarkable knowledge and ex- to do everything we possibly can to this? perience and great enthusiasm. make sure those promises are kept. What we are doing is throwing money He asked me: What more do you want And it is not in this amendment. and hoping it will stick on a wall and than 20,000 Border Patrol agents and a Madam President, I yield the floor. that we can convince our colleagues we commitment to spend all these billions The PRESIDING OFFICER. The Sen- have a border security plan when, in of dollars on new equipment? What ator from Oklahoma. fact, there is no border security plan in more could you possibly want? Mr. COBURN. Madam President, I ap- the United States today. How do I My answer to that is this: I would preciate the comments of my colleague know there is no plan? Because 2 weeks like to know that the promises we are from Texas and his earnest desire to ago I had breakfast with Secretary making in terms of border security, in- confront the problems in front of us. I Napolitano, and I asked her to send— terior enforcement, and visa overstays would say at the outset that the rec- and she said she would—sector by sec- are going to be kept; otherwise, all we ognition over the last 81⁄2 to 9 years of tor, a border plan for the United

VerDate Mar 15 2010 02:11 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.036 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5008 CONGRESSIONAL RECORD — SENATE June 24, 2013 States, and I got a 2-page letter that percent already have criminal records inside visa. They qualified for a visa, and they had nothing in it. the United States. A significant percentage overstayed their visa. If in fact we have This isn’t a new border plan. This of these illegal aliens are violent criminals no internal enforcement, no ICE agents isn’t a specific border plan. The coun- and the number requiring further prosecu- to enforce the visa overstays, we won’t try doesn’t have one right now, so we tion prior to removal may exceed three mil- change that. The CBO even said you lion. Moreover, at this point in time the ille- have put this together, outside of the gal drug and illegal alien situation in Amer- are going to have 7.5 million new regular order, well-intentioned people ica has spread to over 2000, American cities illegals—undocumented—come across trying to solve a problem to assure the and those engaged in both of these criminal under this bill. If you have no internal American people that in fact we are activities are virtually inseparable. This enforcement, there is no way to drive going to secure our borders. threat to Public Safety must be addressed that number down. Yet this bill puts I will readily admit to you that if I first and in that process there is a reasonable the resources in the wrong place. lived in the poverty of some of the Cen- likelihood that potential terrorists will also You control a border by controlling tral American nations that I would be identified and removed or incarcerated. what the situation is on the border, de- They live among us. pending on location, geography, topog- make every effort on my part to get The second step can be discussed when the here—legally or illegally—because the Public Safety of Americans has been assured. raphy, and assets. So throwing 41,000 opportunity is here, that opportunity ZACK TAYLOR, Border Patrol agents across our south- to improve yourself, that opportunity Chairman, National Association of ern border might work, but it is a tre- to work hard, that opportunity to live Former, Border Patrol Officers. mendous waste of resources. It might in a Nation that has a justice system Mr. COBURN. Now, what has Senator be a jobs program. where the rule of law reigns supreme. If CORNYN outlined that does not fit with The fact is it takes a combination of I were from one of the Central Amer- common sense? He said people who technology, fencing, Border Patrol, and ican countries and came here, the very commit three misdemeanors, whether the right combination for wherever we irony would be the fact that I am going it be child abuse or spousal abuse or are talking about to be effective in to break the law that is the very nur- drunk driving, shouldn’t be given RPI operational control of the border. But turing thing that gives the opportunity status. Yet, under this bill you can do that is not even a part of the bill. It is to advance for me and my family. that. And for those who are not famil- not part of the bill to have operational I ask unanimous consent to have iar with courts of law, it is on the date. control of the border with a 90-percent printed in the RECORD the letter from So if you got two on one date, that effective rate. One of the reasons we the National Association of Former only counts as one. Theoretically, you can’t get there—which is one of the Border Patrol Officers. could have 10 or 12 misdemeanors and things Americans want to see us promise in this bill—is because our control There being no objection, the mate- still qualify for RPI status. How does of the border today is somewhere be- rial was ordered to be printed in the that fit with the rule of law? How does tween 40 and 65 percent. That is oppo- RECORD, as follows: that fit with the glue that holds us to- site of what the Secretary of Homeland NATIONAL ASSOCIATION OF gether? What that does is flaunt the Security will tell you, but that is what FORMER BORDER PATROL OFFICERS, rule of law. Brunswick, GA, June 21, 2013. The other thing that I think is very the studies outside of government say The National Association of Former Bor- problematic in this bill is we have when they go to interview those under Patrol Officers believe that the Informa- documented workers who are here 20,000 Border Patrol agents but no in- tion contained in their CIER Proposal for today. They did a very thorough anal- crease in ICE agents, no increase in Immigration Reform is a much better path ysis of that and said we are somewhere USCIS, who are the very people who to border security than any other being dis- between 40 and 65 percent. cussed. are going to have to handle the 11 mil- So the basis of allowing undocu- Just putting more Border Patrol Agents on lion people here who are going to the border would be a huge waste of re- mented workers and those who are in progress to RPI status. So where is the our country who can contribute great- sources and do nothing to solve the real money to handle the 11 million addi- problems of Illegal Immigration. ly to our country, the basis of putting We believe that there are a sufficient num- tional people for ICE and USCIS? It is them on some type of status to move ber of Border Patrol Agents currently on the not in there. toward a green card status and ulti- border. The real question is how many ICE If in fact we want the rule of law to mately citizenship has to be based on Agents will need to be trained and put in work, then we want the people who some real facts. place to handle the sheer volume of Criminal qualify under this bill for RPI status to Why would somebody not agree to 90- Aliens currently present in the United do so under the rule of law, which States. The issue being concealed by the percent control of the border? The only means you have to investigate and do a reason they would not agree to it is press and Congress is the clear and present background check, and make sure the danger criminal aliens pose to the American they don’t think it is achievable. The people. Anything resembling amnesty or a documentation establishes them being only reason it is not achievable is be- path to citizenship at this point in time will here before December 31 of 2011; that in cause we don’t have the political will ensure further endangerment of the Amer- fact they do have residence here, that to do it. It is technically achievable. ican family unit which is the foundation of in fact they have worked here, and that You can’t get to 100 percent, but with American society, by enabling the following has to be worked on. That can’t just be good leadership, good sector-by-sector type of aliens to remain in the United a blanket. Because the opportunists planning, good internal enforcement, States: will take advantage of that system. If (http://www.timesdaily.com/news/local/ and great legal immigration so you de- article_989a9996-d4a2-11e2-a29c- in fact there are no ICE agents and crease the illegal, we could get there. 10604b9f6eda.html) there are no USCIS agents to actually Why is that not part of this bill? It is (http://www.immigration911.org/news/2012/ handle that, that means everything because the rule of law does not reign 01/illegal-alien-rapes-and-murders-one- that has been set up in this bill will supreme in the Senate. month-old-baby-in-nm/) happen without an investigation, with- Let me make a couple other points. (http://www.alipac.us/content/illegal-alien- out knowledge that it is true and, in One of the big holes in this bill in sec- raped-killed-9-month-old-girl-california fact, people qualify for RPI status. -1916/). tion 1202 says the following: The Sec- Real border security must begin with effec- The other side of the bill Senator retary shall initiate removal pro- tive interior enforcement in every jurisdic- CORNYN made a point about which I ceedings in accordance with chapter 4 tion in all fifty states. Achieving real border wish to expand upon is the fact we are of title II of the Immigration Nation- security requires aggressive expansion of not going to have an entry and exit ality Act, 8 USC 1221; two, confirm that 287(g) authority, closing down sanctuary cit- visa system because 80 percent of the immigration relief or protection has ies, fair and universal employer sanctions people go through the land ports, and been granted or is pending or otherwise and denial of other benefits such as welfare, this bill exempts those land ports to- close to 90 percent of the cases of im- public housing, and granting of identifica- tally from that. tion that would enable the criminal element migrants who were admitted to the You heard Senator CORNYN talk to continue concealing their presence in our United States as nonimmigrants, et communities to include driver’s licenses. about 40 percent, maybe even 50 per- cetera. For years the illegal aliens being appre- cent of the people who are here ille- All that means is she can waive the hended by percentages ranging from 17–30 gally today came here legally, with a requirements under the bill. She can

VerDate Mar 15 2010 05:15 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.037 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5009 waive the fence. All throughout this legislation. The institutional knowl- under many different types of scenarios bill we are letting a nonelected indi- edge is not in it. It will not succeed. and circumstances—an act of God, an vidual have the power to undermine I don’t know ultimately how I will administration that was decidedly every aspect of any tooth in this bill. vote on this amendment, but I am cer- against a path to citizenship and When the immigration debate start- tainly not going to vote to proceed to counted things differently or held up ed, my hope was that we would do the this until we have had a chance—more the count—we could envision no path principle most Americans want us to than 72 hours—to actually work to citizenship. That was out of the do, which is we need to solve the prob- through and be able to ascertain and question for us. lem of the undocumented in this coun- also share the flaws in the approach. What we tried to do is say we can try. We need to bring them out of the For a third of that amount of money have both. We also said we are going to shadows. But the price to do that is co- you could easily secure the border, and do border security first. But what we gent and realistic control of our bor- we are going to spend $48 billion. And made sure of in the triggers—and there ders. in there is another jobs program adding are five triggers now with the amend- Let me make a point. If in fact you to the 102 we have now, at $1.5 billion. ment in this proposal. We make sure don’t have cogent and realistic control GAO has already said we need to redo the triggers could not be used delib- of your borders and you do everything our jobs program. Well, we have. We erately by somebody who was opposed else in this bill and everything works have an earmark for another youth to the path to citizenship as a way to as the authors want it to work, guess jobs program, and we won’t even fix block them—whether that be a Con- who is going to be coming across the the youth jobs programs we have now. gress or a President or somebody in the border. The very people we actually Madam President, I yield the floor. administration. don’t want here: the drug runners, the Mr. SCHUMER. Madam President, So we have come up with the right human smugglers, the criminals, the what is the status of the time that re- compromise. We have not split the terrorists. mains for each side? baby in half, which is what Senator So when I say 90-percent operational The PRESIDING OFFICER. The pro- CORNYN and, I gather, Senator COBURN control of the border and I am in Okla- ponents of the measure retain 25 min- want to do. We have had both. We have homa, people look at me with askance. utes; opponents have 7 minutes. satisfied those who are for border secu- They say, Well, that means 10 percent Mr. SCHUMER. Madam President, I rity and those who are for a path to of the people are still coming. And rise in strong support of the Corker- citizenship, and only when we satisfy guess what makes up that 10 percent. Hoeven amendment. I have listened both will we get a bill. We cannot do it The worst of what tries to get into this carefully to those who are opposed who with one and not the other. So let me country. have come to the floor today and Fri- go over the border security part and So it is not just about getting a bor- day, and I have come to one conclu- why it will work. der security plan to secure our border, sion: They won’t take yes for an an- First, to say the experts were not it is about limiting access of the crimi- swer. consulted, as my good friend from nals and the terrorists and the worst Most of the criticism that has come Oklahoma said, is not fair, particularly from coming into our country. This bill at this amendment is it does too much to Senators MCCAIN and FLAKE, who is going to allow that to continue. It is for the border. Even some of my col- are probably greater experts on what is not going to stop that. It will continue. leagues who are opposed say it does too needed at the border than any of us. To Senator CORNYN’s point, what we much, even though they proposed simi- They may not be chair or ranking need is to take this out of the political lar things themselves. member of the committee—although I arena. We need to make it so the pres- My good friend from Texas says we believe Senator MCCAIN is on that com- sure is that we do what is best for don’t need more border agents but had mittee—but they live on that border. America, and one which is best for proposed 5,000 himself. My good friend And, to boot, Senator MCCAIN has tre- America is having a lot more people from Texas also said, well, we need mendous military experience in terms come here and contribute to our melt- technology, but there was no tech- of surveillance. ing pot. There is no question about nology in his bill. My dear friend Sen- What we have done is looked at each that. But we have to have it where it ator COBURN, whom I very much like sector. There are nine. They are dif- cannot be manipulated by whoever is and admire, first says we need money ferent. The sector of the Senator from in charge for political benefit. That is for ICE agents, not Border Patrol. But Texas has a river and has private prop- why the Cornyn plan is novel in terms ICE is funded to deport about 400,000 erty that goes right up to the edge of of actually solving the problem. people a year. Most of the 11 million the river. It would take 30 years to I am not going to be here much will become citizens and not be de- build a fence on that side of the prop- longer, less than 31⁄2 years, but I can al- ported. We have more than enough ICE erty because we would need eminent ready predict what is going to happen agents to deal with the much smaller domain, and I am sure there are some if this piece of legislation comes number who will be here illegally, cer- ranchers who would say: I don’t want a through: My daughters and their hus- tainly in the beginning and throughout fence on my side, right by the river. bands 15 years from now are going to the bill. That is where my cattle come to graze be listening to the same debate on the Dr. COBURN said we don’t have more and drink. Senate floor. money for U.S. CIS agents. We do—$3.6 There are parts of the Arizona sector The biggest deficit the Senate has, in billion more. that are heavily populated where a my mind, is failure to put teeth into Finally, Dr. COBURN talks about the strong fence is needed, and there are what they know will actually fix the trigger. Let’s face it, for many on the parts that are so rugged that have no problems in this country. This bill has other side the No. 1 priority is securing roads that a fence would be a waste of no teeth. This bill has $48 billion the border. For many on our side the money. thrown up against the wall to buy the No. 1 priority is achieving a path to Our bill relies on different ap- votes to say we are going to have a se- citizenship. The bill proposed by the proaches in each of the nine sectors. cure border when in fact we are not. Gang of 8, we believe, did both. But, But the best approach did not just That doesn’t mean we can’t get a se- certainly, there were many on the come out of the air. That came with cure border. I worked for 2 weeks with other side who thought the amount we Senator MCCAIN sitting down, working my staff. I told Senator SCHUMER from were putting into border security was with Senators HOEVEN and CORKER, but New York I would love to try to do not enough, was not adequate, so we also working with the Department of that, but in 2 weeks you can’t do it. were willing to augment that in the Homeland Security as well as those What you have done, you haven’t done Corker-Hoeven amendment, which I am who work in the Border Patrol as to it either, and you have done it from a going to talk about in a minute. what is needed. That is in the bill. deficit of knowledge rather than using Certainly, what we do not want to do We heard the objection from others knowledge. You didn’t use any of the is choose one in place of the other. The that they do not trust DHS, either this significant historical staff on the com- problem with the 90 percent, which one or a new one, to implement what is mittee of jurisdiction to help write this Senator CORNYN proposed, was that needed. So it is in the amendment.

VerDate Mar 15 2010 02:11 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.039 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5010 CONGRESSIONAL RECORD — SENATE June 24, 2013 Why do we need so many men and of so many illegal immigrants. People more in—whether through the Future- women on the border? Let me explain. want to come here. When they come Flow Program or Family Unification— Our American people demand that we here they work. Boy, do they work. To GDP would go up 3.3 percent. I know of make the border airtight. That is why be able to send $10 a week to their no government program or tax cut that some have proposed a 2,200-mile fence, mother or kids in Oaxaca Province or even professes to do that much. And in double. That is what they wanted. The in the Philippines or in Bosnia is a the second decade it would go up over cost would be—I think it might go to huge thing. It gives them joy. That is 5 percent. the hundreds of billions, but it also why they are sometimes willing to Of course, this is good for America, would not work in many areas for the work under the kinds of conditions we and we want to secure our borders and reasons I mentioned. But they want it don’t find acceptable for people who we want to rationalize our system and airtight. So here is what we have: We are here legally. But it is the greatest we want to be fair on a tough but have adequate eyes in the sky, whether economic engine there is. earned path to citizenship for those it be drones or airplanes. So every per- Immigrants form companies because who cross the border illegally. The bill, son, every single person, 100 percent so many of the smartest and brightest with the addition of the Corker-Hoeven observability, 100 percent situational come here. Immigrants make our meat amendment, will convince everybody awareness is what it is called. Any sin- factories and our farms work because they do it all. gle person crossing the border will be even those who may not have such an One other point. Those who said this detected, every single person, whether education are willing to work under new Corker-Hoeven amendment will it is night or day, whether it is sunny very difficult conditions to earn cost money, it will. But let me read or stormy. The technology not avail- enough money to feed themselves and what CBO has just said in the last half able 10 years ago allows us to do just maybe send a little home to their fami- hour: that. lies. They are the greatest economic The amendment— Then we have proposed a large num- engine we have—the greatest. Corker-Hoeven— Republicans say the way to get this ber of Border Patrol. It is true there would significantly increase border security are enough agents that 24–7 we could economy going is to cut taxes. Demo- relative to the committee-approved version station somebody on the border every crats say the way to get this economy of the bill, and it would strengthen enforce- 1,000 feet, all the way from the western going is to spend money. You can de- ment actions against those who stay in the edge of the border in San Diego, CA, to cide which one you believe in. But I country after their authorization has ex- the eastern edge of the border in tell you, no one can dispute that a pired. Therefore, CBO expects that relative Brownsville, TX. Why? Because the greater economic engine of either of to the committee-approved version of S. 744, minute one of those eyes in the sky de- those is the blood, sweat, toil, and the amendment would reduce both illegal tears of our immigrant communities— entry into the country and the number of tects someone approaching the border, people who stay in the country beyond the there will be adequate personnel there not just starting today but from the end of their authorized period. day in my city when the new immi- to say we will detain them or turn I say that to my colleague from grants were called ‘‘English’’ because them back. Texas, who is on the Senate floor, and It is obvious. It is what the experts the Dutch had settled New York and others who say this will not work. tell us will work. It is very explainable didn’t want these newcomers to come CBO: Illegal immigration will decline to the American people. So, yes, there in. In fact, the two oldest high schools as a result of the Corker-Hoeven are a lot of resources on the border. in America are in New York City. They amendment. Yes, each of us, if we wrote the bill, are both private schools, but one is Here is something else CBO says: might do it a different way or put in called Collegiate. It was formed by the more money or less money. But no one Dutch Reform Church in 1628. All told, CBO and JCT— can dispute that the border becomes When the English came, they didn’t Joint Committee on Taxes— virtually airtight—virtually airtight. want to go to a school with this Dutch expect that enacting the amendment would, That means those who cross the border Reform Church. So they formed the like enacting S. 744— will be few and far between. Trinity School for the Episcopal The base bill— There are two things I would like to English, the Anglican English. There reduce the federal deficit over both the next mention. It is expensive. This amend- were all kinds of tension. Of course, 10 years and the second decade following en- ment does not come cheap. But the there is always tension. But when actment—fewer illegal immigrants, higher CBO report was a game changer be- these new English people came, they GDP, more jobs, reduced deficit. cause it said what everyone under- worked hard and the Dutch saw that. Who could oppose that? I don’t know stands, but it verified it. It gave it the Peter Stuyvesant recognized it and of anybody who could oppose that if Good Housekeeping Seal of Approval. made New York, actually—the reason they care about America. We all know one of the great economic so many have written that we have be- Once again, on the border stuff my engines of America—or we should all come the greatest city in the world is colleagues just won’t take yes for an know; many of us do. I know, Madam because, unlike other cities, we would answer. This is the toughest, strongest, President, you know it, being an immi- take everybody as long as they worked most expensive border provision we grant yourself—that one of the great- hard. It is one of the reasons my people have had. It is augmented, of course, est economic engines America has had settled so heavily in New York, in by the entry-exit system improvements to propel it and make it the greatest America. It was a tradition that lasted and the mandatory E-Verify, which country in the world is immigrants. a long time. Boston was bigger than many of my colleagues, including my Immigrants are willing to risk every- New York, Philadelphia, but they were good friend from Alabama, have been thing. They cross stormy oceans, trek closed to outsiders. New York was calling for for a long time. Illegal im- across deserts to come to America. open. migration will drop dramatically, GDP What a beautiful, wonderful thing. I So the greatest economic engine will go up, jobs will go up, and the def- am so proud that out the window of my America needs is immigrants and their icit will go down. den in Brooklyn, NY, I can see that hard work, whether they are Ph.D.s in Pass this amendment and pass this lady who holds the torch. To the whole nuclear physics or cutting sugar in bill. It is good for America. world she symbolizes what a great Florida or Louisiana. The CBO vindi- I yield the floor. country we are. And people come. cated that report. Amazing. We are The PRESIDING OFFICER. The Sen- Anyone who doubts and says the Sun busy talking about Mr. Bernanke and ator from Vermont. is setting on America, just look at how how he could twist the dials and GDP Mr. LEAHY. Madam President, at many people risk their lives to come growth might go up 0.3 percent. Do you 5:30 p.m. today the Senate is going to here, how many people separate from know what the impartial CBO showed? vote on the modification to the Leahy families to come here, how many peo- If we did our bill, which both brought amendment, which is the package that ple uproot themselves to come here. If 11 million workers out of the shadows was put together by Senators Hoeven America were not such a great, attrac- and brought hundreds of thousands and Corker. The distinguished senior tive place, we wouldn’t have a problem more in, in the next decade—millions Senator from New York who has led

VerDate Mar 15 2010 05:15 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.041 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5011 the so-called Gang of 8 in putting this were agreed to by bipartisan votes in base text, which just says a plan will bill together has just spoken on the the Senate Judiciary Committee, I will be put in place after 180 days—we don’t floor, as will, I believe, the distin- support this amendment and urge my know what that is. But this will sig- guished majority whip, who is also on colleagues to also support this amend- nificantly reduce the amount of illegal the floor. ment. immigration we have in this Nation. As I indicated on Friday when I The PRESIDING OFFICER. The Sen- I know there are folks who will vote spoke about this, this is not the ator from Tennessee. against the bill regardless of what it amendment I would have drafted. I Mr. CORKER. Madam President, I says. I just say: Please look at this think every one of us, if we drafted the thank the Senator for his leadership on amendment. This is a strengthening bill, would have drafted it differently. this issue, and I want to make a few amendment. This is an amendment Republicans demanded these aggressive brief comments in support of the that every Republican who cares about border measures to secure their sup- amendment. border security and people on the other port for the overall legislation. And First of all, to those who have been side who care about border security while it means spending an enormous traveling and are just coming in, this should support. I hope everyone will amount of money, because their is a cloture vote on the amendment get behind this. This puts a balance in amendment will increase Republican only. There will be further cloture place. I think if this amendment is support by spending this money for votes down the road. This amendment passed, we will be doing something this historic, comprehensive legisla- is in legislative language and has 115 great for our Nation. tion, I will support it. Ultimately, the pages. It takes about 30 minutes to I urge everyone to vote yes. comprehensive legislation is most im- read. We have had it out there for 75 I yield the floor. portant. hours, so people have had plenty of The PRESIDING OFFICER. The Sen- I appreciate that this package in- time to look at this. ator from Texas. cludes a provision Senator MURRAY and I especially want to say to my col- Mr. CRUZ. Madam President, we are I worked on that takes an important leagues on this side of the aisle that about to vote to end debate—a debate step toward restoring privacy rights to what this amendment should be meas- that never really began on an amend- millions of people who live near the ured against is the base text of this ment that is 1,200 pages and was filed northern border. Over the past decade, legislation. The border security piece on Friday afternoon after many Sen- would be put in place by the head of the Department of Homeland Security ators left town. We are now voting at Homeland Security. Right now, that is has periodically set up a Border Patrol 5:30 p.m. on Monday as many Senators Janet Napolitano. She would have 180 vehicle checkpoint nearly 100 miles are stepping off the airplane. days to put that in place, and then the from the Canadian border in Vermont. This is the 1,200-page amendment. We trigger 10 years down the road is that Many Vermonters have questioned have seen this play before. It is remi- Homeland Security says that it is 90 whether this is an effective border se- niscent of ObamaCare—yet another bill curity measure or whether it is just a percent in place. What this amendment does is put in we were told we have to pass to find waste of money. Some have wondered a much stronger border security re- out what is in it. Unfortunately, it why we are doing it when we are 100 gime that has five triggers in it before seems there are some Republicans miles from the friendliest border any anyone can receive a green card: No. 1, eager to go along with the Democrats country has ever known. there will be 20,000 Border Patrol in the mad rush to pass this bill. My provision will make significant agents who will be deployed, trained, In the 2007 immigration debate, close progress in addressing that checkpoint and in place; No. 2, $4.5 billion worth of to 50 amendments were considered. In by injecting oversight into the deci- technology that is necessary for us to this debate, only nine amendments sionmaking process for operating get 100 percent situational awareness have been debated. I introduced seven checkpoints so far from the border. on the border; No. 3, 350 miles of new substantive amendments to improve While this is an important step in the fencing on top of the 350 miles of fenc- this bill. Not a single one of those right direction, I am disappointed that ing we now have: No. 4, the E-Verify amendments has been considered on the version of the Hoeven-Corker system will be fully implemented and the floor of the Senate. amendment is limited to the northern in place: No. 5, fully implementing an Mr. SCHUMER. Would my colleague border, and I will continue to work on entry-exit visa program, which is one yield for a question? this issue so that all Americans can of the reasons there have been so many Mr. CRUZ. I would happily yield ex- have their privacy rights protected. overstays. cept we have 5 minutes left. Most of us appreciate our privacy What I say to my friends on this side Mr. SCHUMER. Madam President, I rights and don’t like to be stopped for of the aisle: You are measuring the ask unanimous consent that I be given no particular reason. base text which says nothing about 1 minute for both the question and the Today’s vote for cloture on this Re- what we are going to do to this amend- answer. publican package is a vote for bipar- ment which specifically spells out The PRESIDING OFFICER. Is there tisan support for comprehensive immi- those things that have to occur before objection? gration reform. It is a vote in favor of anybody can move from temporary sta- Mr. CRUZ. Assuming that the time taking the bold steps needed to con- tus to green card status. does not come out of my own, I have no front the current situation and give Some people have talked about the objection. the many millions of people living in costs. This is a $46 billion investment. The PRESIDING OFFICER. Without the shadows the opportunity to come Much of it is one time. The fact is that objection, it is so ordered. into the lawful immigration system. I this only goes in place if the bill Mr. SCHUMER. Does the Senator applaud those Senators, both Demo- passes, and as everyone knows the bill deny that of the 1,000 pages, about 100 crats and Republicans, who have come generates $192 billion to the U.S. Treas- pages are new text and the rest is just together to get us here. Now is the ury over a 10-year period. I have never the old text of the existing bill and time for this whole body to come to- had an opportunity to vote for a bill that over a weekend every Senator gether in support of fixing a broken im- that did that. should be able to read 100 pages of immigration system that hurts all of us. Lastly, let me state that Governor portant legislation? It stifles our economy and keeps our Brewer probably knows more about Mr. CRUZ. As my friend from New families apart. We have gotten to this border security than anybody on the York knows well, the amendments are point through compromise, but we Senate floor. She has been dealing with interspersed through a very com- have not compromised on the core of that in Arizona for a long time. Today plicated bill. Analyzing where waivers this legislation that is intended to set she said in front of a national audience have been given and what the intersec- so many on the path to become full and that this, in fact, was a victory for Ari- tion is of new provisions with old pro- lawful participants in American life. zona if this amendment could be visions is not a simple endeavor. In- And in that spirit of compromise and passed. deed, in this particular body, it is not cooperation, which was fostered CBO has scored this today. I tell all unbeknownst to this body to slide through almost 140 amendments that the Members that as opposed to the something in text.

VerDate Mar 15 2010 02:11 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.043 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5012 CONGRESSIONAL RECORD — SENATE June 24, 2013 My point is very simple: What is the would fall for it, but I don’t think the Mr. SESSIONS. Without the approval rush? Why are we proceeding American people are that gullible. Ev- of the majority leader. gangbusters? The only explanation eryone wants to fix our broken immi- CLOTURE MOTION that makes sense is that it seems there gration system, but at the same time The PRESIDING OFFICER. Pursuant are many Senators in this body—per- we should not replicate mistakes of the to rule XXII, the Chair lays before the haps on both sides of this aisle—who past. Senate the pending cloture motion, very much want a fig leaf. They want This amendment and the underlying which the clerk will state. something they can claim they are sup- Gang of 8 bill grant immediate legal- porting border security when, in fact, ization. The border security changes The legislative clerk read as follows: this bill does not do that. will never be implemented, and the CLOTURE MOTION I suggest that if we contrast this border will not be secured. That is not We, the undersigned Senators, in ac- amendment to the amendment I intro- a solution of which the American peo- cordance with the provisions of rule duced, we can see the difference be- ple can be proud. I urge this body to re- XXII of the Standing Rules of the Sen- tween a bill that actually would project the amendment, to vote against ate, hereby move to bring to a close detect border security versus something cloture, and reject the underlying bill. bate on the Leahy amendment No. 1183, that is merely meant to tell gullible I yield the floor. as modified, to S. 744, a bill to provide constituents that we have done some- The PRESIDING OFFICER. The Sen- for comprehensive immigration reform, thing. ator from Tennessee. and for other purposes. The first and most important dif- Mr. CORKER. Madam President, I Harry Reid, Patrick J. Leahy, Michael F. ference is that this amendment pro- understand there will be numbers of Bennet, Charles E. Schumer, Richard vides legalization first and then border people on my side of the aisle who are J. Durbin, Robert Menendez, Dianne security maybe at some time in the fu- going to vote against the immigration Feinstein, Sheldon Whitehouse, Patty ture. We have seen this before. In 1986 bill, in some cases regardless of what it Murray, Debbie Stabenow, Robert P. it was the same promise Congress says. But this amendment is not about Casey Jr., Mark R. Warner, Thomas R. anything relative to amnesty or any- Carper, Richard Blumenthal, Angus S. made. We got the legalization, we got King Jr., Christopher A. Coons, Chris- the amnesty, and we never, ever got thing else. topher Murphy. If I could just read to all of my Mem- border security. In contrast, the The PRESIDING OFFICER. By unan- bers what CBO said about this amend- amendment I introduced reflects the imous consent, the mandatory quorum ment: ‘‘The amendment would signifi- will of the American people to have call has been waived. border security first and only then the cantly increase border security rel- The question is, Is it the sense of the possibility of legalization. ative’’— Secondly, this amendment does not The PRESIDING OFFICER. The time Senate that debate on amendment No. require operational control of the bor- of the proponents has expired. 1183 offered by the Senator from der. Current law requires that. This Mr. CORKER. I ask unanimous con- Vermont, as modified, to S. 744, a bill amendment weakens current law on sent for a 1-minute extension. to provide comprehensive immigration operational control. My amendment The PRESIDING OFFICER. Without reform and for other purposes, shall be would require that the problem actu- objection, it is so ordered. brought to a close? ally be solved. Mr. CORKER. This came out of CBO The yeas and nays are mandatory Thirdly, this amendment does not re- today. I wish to say this to all the under the rule. quire a biometric entry-exit system. It Members on my side. I urge everyone The clerk will call the roll. weakens current law. Current law re- to look at the CBO language, which The assistant legislative clerk called quires that; this amendment takes that says if this amendment is passed, it the roll. out. Instead, it requires essentially a will strongly increase border security Mr. DURBIN. I announce that the photo ID. For anyone who perhaps has and strongly decrease illegal immigra- Senator from Ohio (Mr. BROWN) and the known a teenager, they know that the tion in this country. I don’t know how Senator from Colorado (Mr. UDALL) are difficulty of securing a fake ID with a any Republican who says they support necessarily absent. picture on it is not very high. Any flea border security can vote against this Mr. CORNYN. The following Senators market in the land will allow it. amendment when they are comparing are necessarily absent: the Senator Fourth, this bill weakens the require- it against the base language which is in from Georgia (Mr. CHAMBLISS), the Sen- ments of statutes on secure fencing, the bill. ator from Georgia (Mr. ISAKSON), the and it weakens the current law on bor- I yield the floor. Senator from Wyoming (Mr. ENZI), and der security. The PRESIDING OFFICER. There is the Senator from Utah (Mr. LEE). Fifth, this amendment is not offset. 11⁄2 minutes remaining for the oppo- Further, if present and voting, the My amendment was offset. So there is nents. brandnew spending in this amendment The Senator from Alabama. Senator from Utah (Mr. LEE) would with no offset. Mr. SESSIONS. Madam President, have voted ‘‘nay.’’ Sixth, this amendment has no real this is not a vote on the Hoeven The PRESIDING OFFICER (Mr. DON- enforcement. The amendment I intro- amendment; it is a vote on the com- NELLY). Are there any other Senators duced said: If the changes within it on plete substitute of over 1,000 pages that in the Chamber desiring to vote? border security were not implemented includes all aspects of the bill before The yeas and nays resulted—yeas 67, within 3 years, 20 percent of the salary us. It includes amnesty, and it includes nays 27, as follows: of political appointees at DHS would be the failed entry-exit visa. [Rollcall Vote No. 160 Leg.] reduced, 20 percent of the budget would If we vote for cloture tonight, we will YEAS—67 be reduced, and it would be block be transferring complete control of the Alexander Durbin Klobuchar granted to the State to fix the prob- entire process for this immigration bill Ayotte Feinstein Landrieu lem. to the majority leader, HARRY REID. We Baldwin Flake Leahy Fundamentally, this is about polit- can hear the whistle in the distance Baucus Franken Levin ical cover. It is not about solving the right now as the train is arriving in the Begich Gillibrand Manchin Bennet Graham McCain problem. I suggest the approach is one station. If Senators REID, CORKER, and Blumenthal Hagan McCaskill with which we are all familiar. It is the HOEVEN are able to cut off debate, the Boxer Harkin Menendez approach that perhaps in childhood we next vote will come in about 30 hours Cantwell Hatch Merkley Cardin Heinrich Mikulski knew well. It is an approach that says: and another substitute vote in 30 hours Carper Heitkamp Murkowski I will gladly secure the border next after that. Casey Heller Murphy Tuesday for legalization today. Now, if Senator REID has filled the tree. Chiesa Hirono Murray we were naive and had not been There will be no amendments allowed— Collins Hoeven Nelson Coons Johnson (SD) Pryor through 1986 together and had not seen Mr. LEAHY. Regular order. Corker Kaine Reed Congress play this same show game The PRESIDING OFFICER. The time Cowan King Reid with the American people, perhaps we of the opponents has expired. Donnelly Kirk Rockefeller

VerDate Mar 15 2010 05:23 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.044 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5013 Rubio Stabenow Whitehouse Tomorrow I am going to reintroduce one of my very good friends who hap- Sanders Tester Wicker a bill making it clear that States are pens to be a liberal Democrat, when Schatz Udall (NM) Wyden Schumer Warner sole regulators of the hydraulic frac- the President stood up and made the Shaheen Warren turing process, and there is a reason statement, he said: NAYS—27 for bringing this up in the next bill. Now there is an abundance of good, clean, I am pleased to be joined by Senators natural gas that we can have for the future. Barrasso Cruz Portman Blunt Fischer Risch VITTER, PORTMAN, ROBERTS, ENZI, SES- I nudged her and I said: Boozman Grassley Roberts SIONS, COBURN, CRAPO, RISCH, SCOTT, Are you listening to this? Burr Inhofe Scott CRUZ, HATCH, JOHNSON, and LEE. And she said back to me: Coats Johanns Sessions Since 2008, domestic oil production Coburn Johnson (WI) Shelby has increased by 40 percent. This has Wait a minute, you are going to hear some- Cochran McConnell Thune thing else. Cornyn Moran Toomey never happened before. That is just in Crapo Paul Vitter the last 4 years. Because of the new ap- He came out, and this is what he said right after that: NOT VOTING—6 plications for such processes as hori- [we will be] requiring all companies that Brown Enzi Lee zontal drilling and hydraulic fracturing, we have been able to do this. drill for gas on public lands to disclose the Chambliss Isakson Udall (CO) chemicals they use. Because America will But the most interesting thing is that The PRESIDING OFFICER (Mr. DON- develop this resource without putting the with a 40-percent increase, 100 percent NELLY). On this vote, the yeas are 67, health and safety of our citizens at risk. of that has been in State or in private the nays are 27. Three-fifths of the Sen- Which are other words for: However, land. we are not going to be doing hydraulic ators duly chosen and sworn having That is critical, because we keep fracturing. This is kind of interesting voted in the affirmative, the motion is hearing from this administration that because we cannot have natural gas agreed to. they somehow want to take credit for production without having hydraulic Cloture having been invoked, the mo- the fact that we have had an increase fracturing. tion to recommit fails. in that period of time, when the fact is In response to this charge by the VOTE EXPLANATION that has all been done on private land President, the Department of the Inte- ∑ Mr. UDALL of Colorado. Mr. Presi- or on State land. None of it has been rior recently proposed new regulations dent, I was unable to return to Wash- done on Federal land. ington, DC, prior to the vote this In fact, the Congressional Research that would apply to any hydraulic frac- evening due to unavoidable weather-re- Service came out earlier this year: turing that occurs on Federal lands. These new regulations cover every- lated delays of my airline flight, which All of the increase from FY2007 to FY2012 were beyond my control. I was there- took place on non-federal lands, and the fed- thing from chemical disclosure to fore unable to cast a vote for rollcall eral share of total U.S. crude oil production water use and cement bonding require- vote No. 160, the motion to invoke clo- fell by about seven percentage points. ments. They add a massive new layer ture on Leahy amendment No. 1183 to That means that while we increased of regulatory compliance to any oper- S. 744, the Comprehensive Immigration 40 percent, that which was on Federal ator looking to develop reserves on Reform Bill. Had I been present, I land decreased by 7 percent. It just Federal lands at a cost of as much as would have voted yea.∑ goes to show the real consequences of $250,000 per well. It costs that much the administration’s all-out war on fos- more with no environmental benefits. f sil fuels. The President has made it so You might ask: Why no environ- MORNING BUSINESS difficult for anyone to lease Federal mental benefits? It is because Lisa Jackson, who is Barack Obama’s Direc- Mr. REID. Mr. President, I now ask land or obtain drilling permits that tor of EPA, stated on the record: unanimous consent the Senate proceed many producers have simply stopped In no case have we made a definitive deter- to a period of morning business with working on Federal lands altogether. For those who remain, the process is mination that the fracking process has Senators permitted to speak for up to caused chemicals to enter ground water. 10 minutes each, with the exception of dysfunctional and unfriendly. For instance, it takes an average of In other words, in the last 60 years— 15 minutes for Senator PORTMAN and 20 207 days to get a drilling permit on and I can attest to the last 60 years be- minutes for Senator INHOFE, and the Federal lands. By contrast, in my cause the first hydraulic fracturing time count postcloture. State of Oklahoma it only takes 10 took place in Duncan, OK, in my State, The PRESIDING OFFICER. Is there hours, and 83 percent of the Federal in 1949. Since then, over 1 million wells an objection? lands are off-limits. have been fracked without any ground Mr. INHOFE. Reserving the right to I think we need to understand all the water contamination. object, the mic was not on. benefits that could be out there are in So why would the President want to Mr. REID. Rearrange the time. Twen- spite of this administration and the take the authority away from the ty minutes for the Senator INHOFE, policies of this administration. We States if they have such an excellent PORTMAN 15, and INHOFE goes first. shouldn’t be fooled. The President may track record? It is because of his war The PRESIDING OFFICER. Without claim he likes natural gas, but he is ac- on fossil fuels. objection, it is so ordered. tually taking every step he can to im- To combat this I am introducing the Mr. REID. I would say to my friend— pose more burdensome regulations on Fracturing Regulations Are Effective I am sure he is ready to speak—I may industries so he can shut them down in in State Hands Act. have a little closing business that I favor of his beloved renewables. This The bill I am talking about simply may have to interrupt. If he would be war against hydraulic fracturing is makes it clear that States are the sole good enough to allow me to do that, we part of that effort. regulators of hydraulic fracturing, as would take only a minute or two. I can remember when we had some- they have been for the last 60 years. It The PRESIDING OFFICER. The Sen- thing that took place a few months ago includes Federal lands located within ator from Oklahoma. called date night. A lot of the Demo- the borders of a State, so my bill would f crats, on national TV at a joint session render the President’s new regulations of the legislature, didn’t like the idea moot and ineffective and keep States DOMESTIC OIL PRODUCTION when something came up that was not in the driver’s seat, effectively regu- Mr. INHOFE. Mr. President, I appre- popular with the people at home and lating the process. ciate the majority leader making this happened to be popular with Demo- I urge my colleagues to support this. arrangement. I was wanting to get a crats, so they had date night, so indi- This is something that would be a little more time than that. However, viduals would be scattered out and major effort. If you stop and think let me just mention two bills that I they wouldn’t have all the Republicans about the people talking about the bad plan one to reintroduce, another to in- on one side and all the Democrats on economy and all that, you just go to troduce, which I think are timely to- one side. the oil States and see what has hap- night because of something that is I thought it was kind of interesting pened. We could be enjoying this pros- going to happen tomorrow. because, I won’t mention her name, but perity all throughout the country. We

VerDate Mar 15 2010 04:36 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.003 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5014 CONGRESSIONAL RECORD — SENATE June 24, 2013 used to think of the oil and gas produc- and properties of the people, and the internal The Institute for Energy Research re- tion as being primarily in the western order, improvement, and prosperity of the cently issued a report based on the part of the United States. State. most recent government data about However, that is not the case any- We talk about the Constitution a lot. these off-limits lands and showed that more. The Marcellus shale—talking Yet people seem to forget the very im- if we enacted policies that allowed ag- about Pennsylvania, New York, and portant parts of the Constitution. gressive development of these Federal other States—could have great benefits Given this, it should come as no sur- lands, the process would generate $14.4 by opening that area. To do that we prise that for the first 100 years of our trillion in economic activity, create 2.5 want to continue the State regulation history, as States were added to the million jobs, and reduce the deficit by of hydraulic fracturing as it has been Union, the Federal Government sold off $2.7 trillion. in the past. vast quantities of its land. If the Fed- Had we stuck to the principles of our I have another bill I am going to be eral Government were to be limited, Founders as articulated in the Fed- introducing, and I think it is impor- then why would they need to own a lot eralist Papers and ratified in the 10th tant. It closely relates to this and the of land? In fact, we can see in this Amendment, we would not be having speech the President is going to make chart the Federal revenues from the this conversation because the States tomorrow. land sales were a significant compo- would already be in control. So what First of all, the 10th Amendment to nent in the total revenues until just we are trying to do is make sure the the Constitution says: before the Civil War, and then it States can go back and control and do The powers not delegated to the United dropped off. something that has been successful. States by the Constitution, nor prohibited Today the Federal Government owns What we need to do is get back to the by it to the States, are reserved to the over 600 million acres of land, and this basics, which I am introducing in the States respectively, or to the people. chart shows how much of the country Federal Land Freedom Act today. I it actually is. It is astonishing. If we That is something we all know. We want to thank Senator VITTER, and all look at this chart, it shows most of it learned this many years ago when we the other Senators who are cosponsors being in the western part of the United were in school. Today the Framers of the previous bills are also cosponsors would be shocked to know the govern- States, but it is all over the country. This land is endowed with substan- of this bill. ment’s annual budget is near $4 trillion This bill would reestablish the prin- tial natural resources. As we can see in a year, with consistent $1 trillion defi- ciples of Federalism when it comes to this chart, a substantial amount of oil cits under the Obama administration. the energy policy of our Federal lands. and gas is located in the tight shale They would also be astonished to The bill gives States the right to de- formations on these Federal lands. know that the Federal Government is velop all forms of energy resources, in- These are Federal lands, and it shows involving itself in nearly every facet of cluding renewables, located on Federal the great potential out there which has American life, ranging from the ab- recently proven to be highly productive lands located within their borders. To surd, such as protecting the small bur- because of the advances in technologies get the authority, all a State would rowing beetle in eastern Oklahoma, to such as hydraulic fracturing and hori- need to do is figure out how it would the offensive, such as mandating that zontal drilling. release, permit, and regulate energy private companies provide contracep- As a result of these discoveries, oil activities on its Federal lands. tives to employees despite objections and natural gas production has boomed Upon a State’s declaration to the of conscience. across the country. In the last 5 years, Federal Government that this program I was reading a book written by a oil production has increased by over 7 has been created, the energy develop- friend of mine, who is deceased now, million barrels a day, which is 40 per- ment rights would automatically Bill Bright. His book has a daily mes- cent higher. As I said when presenting transfer to the State. The Federal Gov- sage. The one for today, which happens the bill right before this one, all of ernment would retain ownership of the to be day 175, the 24th of June, is kind that was done in the private sector and land and its resources. The royalty of interesting. It was written by Mal- in the State. While that increased by 40 share would remain unchanged. It colm Muggeridge. He went back and percent, the Federal lands decreased by would be a split, 50–50, between the talked about what we are—keep in 7 percent. As the Congressional Re- State and the Federal Government as mind this is 40 years ago. He talked search Service confirmed in the last re- enumerated in the Minerals Leasing about putting the frogs in cold water port, it said all the increase in U.S. Act. and then slowly heating it up, and of production from 2007 to 2012 took place The Energy Information Administra- course they end up dying in the water. on non-Federal lands. tion on Friday said the United States However, if you put them in, and it President Obama is the reason this could become a net oil exporter by 2040. happened all at once, they would not land is locked up. He has made it im- This bill could make it happen much notice. I think that is what he is talk- possible for new oil and gas production faster than that. There is a guy named ing about. Yet he said this is not hap- to occur on Federal lands, and in addi- Harold Hamm, the CEO of Continental pening today, but it could happen. If he tion to working to shut down develop- Resources, arguably one of the most were around today, I wonder what he ment in areas such as western Okla- successful operators—maybe the most would say. This is not the way it was homa by proposing to list the lesser successful—in the country. I called him supposed to be. The 10th Amendment prairie chicken as an endangered spe- up because people in the administra- was supposed to be robust. cies, he made the process of drilling on tion keep saying if we are able to drill James Madison, in Federalist 39, Federal land so difficult that it takes on public lands, it would take 10 years wrote: 300 days to get a drilling permit from before this would reach the economy. In this relation then the proposed Govern- the Federal Government while it only They are talking about the high price ment cannot be deemed a national one; since takes 10 hours to get one from Okla- of heating a home or cooling a home or its jurisdiction extends to certain enumer- homa. Further, 83 percent of the land is the price of gasoline. ated objects only, and leaves to the several off limits to oil and gas production. So I said I am going to go on a na- States a residuary and inviolable sov- Today we are within striking dis- tional show, and they are going to ask ereignty over all other objects. tance of achieving energy independ- me the question of about 10 years, be- He continues to say: ence. Due to this, we must be able to cause I know that is not true. So I told The powers delegated by the proposed Con- get to the resources on Federal lands Mr. Hamm that I would like to quote stitution to the federal government, are few because they are enormous. For in- him as an authority, and so he should and defined. Those which are to remain in stance, ANWR in Alaska holds 16 bil- be honest with his answer because I am the State governments are numerous and in- lion barrels of oil equivalent. The going to use his name on national TV. finite. The former will be exercised prin- If we had everything set and we are cipally on external objects, as war, peace, ne- Rocky Mountain West holds 1.8 trillion gotiation, and foreign commerce . . . The barrels of oil equivalent. If we ex- going to go ahead and start drilling powers reserved to the several States will expanded oil and gas production to its po- now, how long would it take the first tend to all the objects which, in the ordinary tential in all Federal areas, the impact barrel of oil out of the ground to reach course of affairs, concern the lives, liberties, would be astounding. the market? Without hesitating he said

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.050 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5015 70 days. Then he went through and ex- trying, I should say, since 12 years ago State allowed sport and commercial plained each step in the process from with the Kyoto treaty to regulate fisherman to continue fishing drilling to hydraulic fracturing to through legislation, all the way up to downriver while denying upriver sub- transportation and all of this. He said the most recent bill which was the bill sistence users the ability to fish. In it would take 70 days. that was defeated last year—the Wax- 1984, Katie and another Ahtna elder, That was just a few months ago, and man-Markey bill—and that would have Doris Charles, submitted a proposal no one has challenged this since then. regulated emitters of those who emit asking the State of Alaska open Energy independence today—this is a 25,000 tons or more. Batzuletas to subsistence fishing. When reality we could be living in, and it Now, that was bad. That would have their request was denied, Katie, with would dramatically improve our econ- cost about $400 billion a year. However, the help of the Native American Rights omy. if he is successful—he being the Presi- Fund, filed suit against the State and Unemployment continues to hover dent—in doing this through regulations argued that Federal law prioritizes and around 8 percent nationwide, but in what he couldn’t do through legisla- protects subsistence uses of fish. For States such as Oklahoma and North tion, it would be under the Clean Air the next 10 years, the case worked its Dakota we are at full employment. Act, and it wouldn’t be regulating way through the court system. Katie Why? Because of energy development. those who emit 25,000 tons or more. It never wavered in her determination to With greater development of Federal would be 250 tons or more. It would af- do what was right. She steadfastly energy resources, we would see a dra- fect every school, every hospital, every maintained that Alaska Natives had a matic improvement in our economy, apartment building. right to support their families in a way and there is simply no reason not to do I would like to have people aware of that was culturally meaningful. Fi- it. The States have clearly dem- that as the President makes his speech nally, in 1994, Katie won her case, but onstrated they are capable of handling tomorrow. I know he has an obligation. it continued to be appealed and liti- oil and gas development processes and I know that prior to the last election gated for years afterwards. regulations. They have been doing it he would not come out with these regu- The Katie John Case, as her suit be- for 100 years on State and private lations because he knew that would be came known, finally had some resolve lands. Why shouldn’t they be able to do damaging to his reelection efforts. in 2001 when the ninth Circuit Court of it on Federal lands as well? I think the However, now he has that commitment Appeals reaffirmed Katie’s—(and by ex- 10th Amendment trusts the States and to the far-left community who would tension all Alaska Native and rural the Senate should do the same. like to shut down the U.S. and the en- peoples—right to subsistence fish in all I bring this up now because tomorrow ergy that keeps it running. Federal waters. For her hard work and there is going to be a speech. President So let’s be attentive to what he says service to her family, Ahtna people, Obama is going to give a speech on—I tomorrow, and I will be anxious to re- Alaska Natives, and all of Alaska, would say global warming, but they spond to his speech at that time. In the Katie was presented with an honorary don’t call it that anymore since the meantime, we do know for a fact that doctorate of law degree from the Uni- versity of Alaska Fairbanks in 2011. globe isn’t warming. It is a climate we have the ability to be totally inde- The Katie John Case, though it con- speech on the unilateral first steps to pendent from any other country or regulating greenhouse gases under the tinues to be litigated, has become a anyone else in providing our own en- cornerstone of subsistence law in Alas- Clean Air Act—now we are talking ergy to run this machine called Amer- about powerplants—new and existing ka. Katie stood up for what was right ica. and bravely fought to protect the Alas- plants; energy efficiency of appliances. I thank the Presiding Officer, and I He will be talking about that. He will ka Native subsistence way of life. yield the floor. Katie is survived by over 250 grand- talk about renewable energy produc- f children, great-grandchildren, and tion on Federal lands, but he will not great-great-grandchildren, through be talking about the cost of these regu- ADDITIONAL STATEMENTS which her legacy lives on. Her work lations. changed the way fisheries and natural We all remember what he has already REMEMBERING KATIE JOHN resources are managed in Alaska for done. Utility MACT set new limits on the better. For that, Alaska Natives mercury, coal, and oil-fired power- ∑ Mr. BEGICH. Mr. President, I am and all Alaskans are grateful.∑ plants at a $100 billion cost and 1.65 here today to honor Katie John, an million jobs lost. MACT means max- Ahtna Athabascan elder, for her serv- f imum achievable control technology. ice to Alaska Native peoples and to all RECOGNIZING KIRKWOOD AMTRAK What this administration has been try- Alaskans. Katie made history in 1985 VOLUNTEERS when she filed suit against the State of ing to do is mandate emissions that are ∑ Mrs. MCCASKILL. Mr. President, below the technology to get there. Alaska to reopen her family’s fish today I wish to honor the nearly 70 vol- Boiler MACT set strict new limits on camp at Batzulentas and to protect her unteers who have faithfully dedicated emissions of hazardous air pollutants family’s right to subsistence fish. Katie their time to operating the Kirkwood from industrial and commercial boilers battled against the State and Federal Amtrak Train Station for the past 10 costing $63.3 billion and 800,000 jobs. Government legal systems for almost years. In recognition of their out- The same thing is going on now with two decades in order to protect her standing service, a celebration has what he is not talking about but what right and Alaska Native people’s right been planned for them this weekend, on he is planning on doing. Ozone, for ex- to hunt and fish in their traditional June 29, 2013, in Kirkwood, MO. ample. He is going to be promoting— homelands. In 2002, the City of Kirkwood was on from the information we have now, it Katie was born in Slana, AK, in 1915 the verge of losing its historic train would put 2,800 counties out of attain- to Sara and Charley Sanford, who station due to budget constraints. ment, including every county in my raised her in the traditional Ahtna However, the residents of this commu- State of Oklahoma. It could result in 7 way. Her father was the last chief of nity rejected that possibility. Instead, million jobs and hundreds of billions in the Batzulnetas. When she was 14, she they banded together and the City of costs, and it could shut down oil and took a job at Nabesna Mine, where she Kirkwood arranged to purchase the gas production in western Oklahoma. learned English. At age 16, Katie mar- station from Amtrak. In doing so, the Greenhouse gas for refineries, first ried Fred John, Sr., and moved to citizens saved the 120-year-old branch ever greenhouse gas limits on refin- Mentasta, where they had 14 children from destruction and preserved an eries; second largest emitter after pow- and adopted 6. They raised their chil- iconic landmark in downtown Kirk- erplants. What we are talking about is, dren off the land, hunting, gathering, wood. he is going to be able to go through and and fishing with the changing seasons. Following the purchase, the City of continue in his effort, in his war on fos- In 1964, the State of Alaska closed Kirkwood called on volunteers to staff sil fuels, and he is going to attempt to down Katie’s fish camp at Batzulentas, and operate the facility. Nearly 200 do it through the regulations. Let’s denying her the right to provide for her people responded. Today, almost 70 reg- keep in mind, he tried—they have been family. The injustice of this was the ular volunteers answer questions about

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.052 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5016 CONGRESSIONAL RECORD — SENATE June 24, 2013 schedules, recommend Kirkwood sites MESSAGES FROM THE PRESIDENT EC–2045. A communication from the Direc- and attractions, help passengers board tor of Congressional Affairs, Nuclear Regu- Messages from the President of the latory Commission, transmitting, pursuant trains, issue parking passes, and keep United States were communicated to the station open and running in accord- to law, the report of a rule entitled ‘‘Fuel Oil the Senate by Mr. Pate, one of his sec- Systems for Emergency Power Supplies’’ ance with the Amtrak train schedule. retaries. (Regulatory Guide 1.137, Revision 2) received Some may question whether an all- in the Office of the President of the Senate f volunteer run train station can com- on June 19, 2013; to the Committee on Envi- pete with other staff-operated stations EXECUTIVE MESSAGES REFERRED ronment and Public Works. across the country. Let me tell you— EC–2046. A communication from the Direc- Kirkwood Amtrak Train Station’s hon- As in executive session the Presiding tor of Congressional Affairs, Nuclear Regu- ors and awards speak for themselves. Officer laid before the Senate messages latory Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Quality In 2004, the Kirkwood station volun- from the President of the United States submitting sundry nominations Assurance Program Requirements (Oper- teers were recognized with Amtrak’s ation)’’ (Regulatory Guide 1.33, Revision 3) prestigious ‘‘Champion of the Rails’’ which were referred to the appropriate committees. received in the Office of the President of the award, marking this station as the Senate on June 19, 2013; to the Committee on (The messages received today are only non-employee station to ever re- Environment and Public Works. ceive the award. printed at the end of the Senate pro- EC–2047. A communication from the Direc- Perhaps more impressively, the Kirk- ceedings.) tor of Congressional Affairs, Nuclear Regu- wood Amtrak Train Station’s recent f latory Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Revi- customer satisfaction scores placed it EXECUTIVE AND OTHER sions to Environmental Review for Renewal No. 1 in the country. With friendly COMMUNICATIONS of Nuclear Power Plant Operating Licenses’’ smiles and warm service, the Kirkwood (RIN3150–AI42) received in the Office of the station volunteers have set themselves The following communications were President of the Senate on June 19, 2013; to apart from all other Amtrak stations, laid before the Senate, together with the Committee on Environment and Public logging over 50,000 hours of service to accompanying papers, reports, and doc- Works. the City of Kirkwood, and welcoming uments, and were referred as indicated: EC–2048. A communication from the Chair- man, Medicare Payment Advisory Commis- EC–2038. A communication from the Board more than 500,000 visitors and pas- sion, transmitting, pursuant to law, a report Chair and Chief Executive Officer, Farm sengers through the station doors. entitled, ‘‘Report to the Congress: Medicare Credit Administration, transmitting, pursu- I am proud these deserving citizens and the Health Care Delivery System’’; to ant to law, a report relative to the Adminis- hail from my home State of Missouri. the Committee on Finance. tration’s 2012 compensation program adjust- EC–2049. A communication from the Acting Their generous commitment to the ments; to the Committee on Agriculture, Nu- Commissioner, Social Security Administra- City of Kirkwood and to travelers from trition, and Forestry. tion, transmitting, pursuant to law, the Ad- all over the country serves as an inspi- EC–2039. A communication from the Sec- ministration’s 2013 Annual Report of the retary of Defense, transmitting, pursuant to ration to the people of Missouri. Supplemental Security Income Program; to law, a report relative to the annual plan and I ask my colleagues to join me in the Committee on Finance. honoring the volunteers of the Kirk- certification for the procurement of aircraft EC–2050. A communication from the Presi- wood Amtrak Train Station for their for the Department of Defense; to the Com- dent of the United States, transmitting, con- distinguished service to the residents mittee on Armed Services. sistent with the War Powers Act, a report EC–2040. A communication from the Direc- and visitors of Kirkwood.∑ relative to the deployment of certain U.S. tor of Defense Procurement and Acquisition forces to Jordan; to the Committee on For- Policy, Department of Defense, transmit- eign Relations. f ting, pursuant to law, the report of a rule en- EC–2051. A communication from the Sec- titled ‘‘Defense Federal Acquisition Regula- retary of Health and Human Services, trans- REMEMBERING JOHN BRANTLEY tion Supplement; Solicitation Provisions mitting, pursuant to law, a report entitled CRAWLEY and Contract Clauses for Acquisition of Com- ‘‘National Plan to Address Alzheimer’s Dis- mercial Items’’ ((RIN0750–AH70) (DFARS ease: 2013 Update’’; to the Committee on ∑ Mr. SESSIONS. Mr. President, today Case 2012–D056)) received in the Office of the Health, Education, Labor, and Pensions. I wish to pay tribute to Judge John President of the Senate on June 20, 2013; to EC–2052. A communication from the Sec- Brantley Crawley of Brundidge, AL, the Committee on Armed Services. retary of Health and Human Services, trans- who passed away on June 4, 2013. I met EC–2041. A communication from the Chair- mitting, pursuant to law, the report of a pe- and talked with Judge Crawley when I man of the Appraisal Subcommittee, Federal tition to add workers who were employed at Financial Institutions Examination Council, the Brookhaven National Laboratory in ran for attorney general in Alabama in transmitting, pursuant to law, the Appraisal 1994, and when he decided to run for an Upton, New York, to the Special Exposure Subcommittee’s 2012 Annual Report; to the Cohort; to the Committee on Health, Edu- associate judgeship on the Alabama Committee on Banking, Housing, and Urban cation, Labor, and Pensions. Court of Civil Appeals. He won and Affairs. EC–2053. A communication from the Sec- ably served becoming the presiding EC–2042. A communication from the Presi- retary of Health and Human Services, trans- judge on the court in 2005, a position he dent and Chief Executive Officer, Federal mitting, pursuant to law, a report entitled held until his retirement in 2007. Home Loan Bank of Topeka, transmitting, ‘‘Report to Congress Related to Integrated I liked him. He was a man of personal pursuant to law, the Bank’s management re- Food Safety Centers of Excellence as Re- ports and statements on system of internal integrity and decency. He had no ego quired by the Food Safety Modernization Act controls for fiscal year 2012; to the Com- of 2011 (FSMA)’’; to the Committee on problems. He had good judgment and mittee on Banking, Housing, and Urban Af- Health, Education, Labor, and Pensions. was comfortable in himself and with fairs. EC–2054. A communication from the Direc- others. He was a real lawyer who had EC–2043. A communication from the Acting tor of Regulations and Policy Management represented thousands of normal people Principal Deputy Assistant Secretary for Staff, Food and Drug Administration, De- walking about. This experience taught Fish and Wildlife and Parks, National Park partment of Health and Human Services, him about people and legal issues. That Service, Department of the Interior, trans- transmitting, pursuant to law, the report of experience made him the fine judge mitting, pursuant to law, the report of a rule a rule entitled ‘‘Listing of Color Additives entitled ‘‘General Regulations; National Exempt From Certification; Mica-Based that he was. Park System, Demonstrations, Sale or Dis- Pearlescent Pigments’’ (Docket No. FDA– He is survived by his wife of nearly 48 tribution of Printed Matter’’ (RIN1024–AD91) 2012–C–0224) received in the Office of the years, Sherrie Johnston Crawley; son, received in the Office of the President of the President of the Senate on June 20, 2013; to Brant; brother, Larry; and sister, Senate on July 19, 2013; to the Committee on the Committee on Health, Education, Labor, Nancy. Judge Crawley was a genuine Energy and Natural Resources. and Pensions. and generous man, a modest man, with EC–2044. A communication from the Acting EC–2055. A communication from the Direc- a keen sense of humor. His career in- Administrator, Environmental Protection tor of Regulations and Policy Management cluded 40 years of practicing law and 18 Agency, transmitting, pursuant to law, a re- Staff, Food and Drug Administration, De- port entitled ‘‘Report to Congress on the Im- partment of Health and Human Services, years serving the Alabama Courts and plementation of the Energy Independence transmitting, pursuant to law, the report of his contributions to justice in Alabama and Security Act of 2007 (EISA)’’; to the a rule entitled ‘‘Orphan Drug Regulations’’ and the rule of law are most deserving Committee on Energy and Natural Re- ((RIN0910–AG72) (Docket No. FDA–2011–N– of this recognition.∑ sources. 0583)) received in the Office of the President

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.029 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5017 of the Senate on June 20, 2013; to the Com- EC–2064. A communication from the Acting EXECUTIVE REPORTS OF mittee on Health, Education, Labor, and Senior Procurement Executive, Office of Ac- COMMITTEE Pensions. quisition Policy, General Services Adminis- EC–2056. A communication from the Direc- tration, transmitting, pursuant to law, the The following executive reports of tor, Directorate of Standards and Guidance, report of a rule entitled ‘‘Federal Acquisi- nominations were submitted: Occupational Safety and Health Administra- tion Regulation; Terms of Service and Open- By Mr. CARPER for the Committee on tion, transmitting, pursuant to law, the re- Ended Indemnification, and Unenforceability Homeland Security and Governmental Af- port of a rule entitled ‘‘Updating OSHA of Unauthorized Obligations’’ (RIN9000– fairs. Standards Based on National Consensus AM45) received in the Office of the President *Howard A. Shelanski, of Pennsylvania, to Standards; Signage’’ (RIN1218–AC77) received of the Senate on June 20, 2013; to the Com- be Administrator of the Office of Informa- in the Office of the President of the Senate mittee on Homeland Security and Govern- tion and Regulatory Affairs, Office of Man- on June 20, 2013; to the Committee on mental Affairs. agement and Budget. Health, Education, Labor, and Pensions. EC–2065. A communication from the Acting *Daniel M. Tangherlini, of the District of EC–2057. A communication from the Acting Senior Procurement Executive, Office of Ac- Columbia, to be Administrator of General Senior Procurement Executive, Office of Ac- quisition Policy, General Services Adminis- Services. quisition Policy, General Services Adminis- tration, transmitting, pursuant to law, the tration, transmitting, pursuant to law, the report of a rule entitled ‘‘Federal Acquisi- *Nomination was reported with rec- report of a rule entitled ‘‘Federal Acquisi- tion Regulation; Deletion of Report to Con- ommendation that it be confirmed sub- tion Regulation; Technical Amendments’’ gress on Foreign-Manufactured Products’’ ject to the nominee’s commitment to (FAC 2005–67) received in the Office of the (RIN9000–AM54) received in the Office of the respond to requests to appear and tes- President of the Senate on June 20, 2013; to President of the Senate on June 20, 2013; to tify before any duly constituted com- the Committee on Homeland Security and the Committee on Homeland Security and mittee of the Senate. Governmental Affairs. Governmental Affairs. EC–2058. A communication from the Acting EC–2066. A communication from the Acting f Senior Procurement Executive, Office of Ac- Senior Procurement Executive, Office of Ac- quisition Policy, General Services Adminis- quisition Policy, General Services Adminis- INTRODUCTION OF BILLS AND tration, transmitting, pursuant to law, the tration, transmitting, pursuant to law, the JOINT RESOLUTIONS report of a rule entitled ‘‘Federal Acquisi- report of a rule entitled ‘‘Federal Acquisi- The following bills and joint resolution Regulation; Federal Acquisition Cir- tion Regulation; Price Analysis Techniques’’ cular 2005–67; Introduction’’ (FAC 2005–67) re- (RIN9000–AM27) received in the Office of the tions were introduced, read the first ceived in the Office of the President of the President of the Senate on June 20, 2013; to and second times by unanimous con- Senate on June 20, 2013; to the Committee on the Committee on Homeland Security and sent, and referred as indicated: Homeland Security and Governmental Af- Governmental Affairs. By Mr. BROWN (for himself and Mr. fairs. EC–2067. A communication from the Acting ROCKEFELLER): EC–2059. A communication from the Acting Senior Procurement Executive, Office of Ac- S. 1214. A bill to require the purchase of do- Senior Procurement Executive, Office of Ac- quisition Policy, General Services Adminis- mestically made flags of the United States of quisition Policy, General Services Adminis- tration, transmitting, pursuant to law, the America for use by the Federal Government; tration, transmitting, pursuant to law, the report of a rule entitled ‘‘Federal Acquisi- to the Committee on Homeland Security and report of a rule entitled ‘‘Federal Acquisi- tion Regulation; Updated Postretirement Governmental Affairs. tion Regulation; Federal Acquisition Cir- Benefit (PRB) References’’ (RIN9000–AM23) By Mr. LEAHY (for himself, Mr. LEE, cular 2005–67; Small Entity Compliance received in the Office of the President of the Mr. UDALL of Colorado, Mr. WYDEN, Guide’’ (FAC 2005–67) received in the Office of Senate on June 20, 2013; to the Committee on Mr. BLUMENTHAL, and Mr. TESTER): the President of the Senate on June 20, 2013; Homeland Security and Governmental Af- S. 1215. A bill to strengthen privacy protec- to the Committee on Homeland Security and fairs. tions, accountability, and oversight related Governmental Affairs. EC–2068. A communication from the Acting to domestic surveillance conducted pursuant EC–2060. A communication from the Acting Senior Procurement Executive, Office of Ac- to the USA PATRIOT Act and the Foreign Senior Procurement Executive, Office of Ac- quisition Policy, General Services Adminis- Intelligence Surveillance Act of 1978; to the quisition Policy, General Services Adminis- tration, transmitting, pursuant to law, the tration, transmitting, pursuant to law, the report of a rule entitled ‘‘Federal Acquisi- Committee on the Judiciary. report of a rule entitled ‘‘Federal Acquisi- tion Regulation; Free Trade Agreement f tion Regulation; Contractors Performing (FTA) - Panama’’ (RIN9000–AM43) received in Private Security Functions Outside the the Office of the President of the Senate on SUBMISSION OF CONCURRENT AND United States’’ (RIN9000–AM20) received in June 20, 2013; to the Committee on Homeland SENATE RESOLUTIONS the Office of the President of the Senate on Security and Governmental Affairs. June 20, 2013; to the Committee on Homeland EC–2069. A communication from the Acting The following concurrent resolutions Security and Governmental Affairs. Senior Procurement Executive, Office of Ac- and Senate resolutions were read, and EC–2061. A communication from the Acting quisition Policy, General Services Adminis- referred (or acted upon), as indicated: Senior Procurement Executive, Office of Ac- tration, transmitting, pursuant to law, the By Mr. BLUMENTHAL (for himself and quisition Policy, General Services Adminis- report of a rule entitled ‘‘Federal Acquisi- Mr. MURPHY): tration, transmitting, pursuant to law, the tion Regulation; Contracting with Women- S. Res. 183. A resolution commemorating report of a rule entitled ‘‘Federal Acquisi- Owned Small Business Concerns’’ (RIN9000– the relaunching of the 172-year-old Charles tion Regulation; Interagency Acquisitions: AM59) received in the Office of the President W. Morgan by Mystic Seaport: The Museum Compliance by Nondefense Agencies with De- of the Senate on June 20, 2013; to the Com- of America and the Sea; to the Committee on fense Procurement Requirements’’ (RIN9000– mittee on Homeland Security and Govern- the Judiciary. AM36) received in the Office of the President mental Affairs. By Mrs. BOXER (for herself, Ms. LAN- of the Senate on June 20, 2013; to the Com- EC–2070. A communication from the Dep- DRIEU, Ms. KLOBUCHAR, Mrs. GILLI- mittee on Homeland Security and Govern- uty Director of the Peace Corps, transmit- BRAND, Mr. CARDIN, Mrs. MURRAY, mental Affairs. ting, pursuant to law, the Office of Inspector Mrs. SHAHEEN, Ms. MIKULSKI, Ms. EC–2062. A communication from the Acting General’s Semiannual Report for the period WARREN, Ms. HIRONO, Mrs. FEINSTEIN, Senior Procurement Executive, Office of Ac- of October 1, 2012 through March 31, 2013; to Ms. HEITKAMP, and Ms. STABENOW): quisition Policy, General Services Adminis- the Committee on Homeland Security and S. Res. 184. A resolution recognizing ref- tration, transmitting, pursuant to law, the Governmental Affairs. ugee women and girls on World Refugee Day; report of a rule entitled ‘‘Federal Acquisi- EC–2071. A communication from the Execu- considered and agreed to. tion Regulation; System for Award Manage- tive Director, Interstate Commission on the By Mr. REID (for himself and Mr. ment Name Change, Phase 1 Implementa- Potomac River Basin, transmitting, pursu- MCCONNELL): tion’’ (RIN9000–AM51) received in the Office ant to law, the Commission’s Seventy-Sec- S. Res. 185. A resolution to authorize rep- of the President of the Senate on June 20, ond Financial Statement for the period of 2013; to the Committee on Homeland Secu- October 1, 2011 through September 30, 2012; to resentation by the Senate Legal Counsel in rity and Governmental Affairs. the Committee on Homeland Security and the case of R. Wayne Patterson v. United EC–2063. A communication from the Acting Governmental Affairs. States Senate, et. al; considered and agreed Senior Procurement Executive, Office of Ac- EC–2072. A communication from the Fed- to. quisition Policy, General Services Adminis- eral Register Liaison Officer, Alcohol and f tration, transmitting, pursuant to law, the Tobacco Tax and Trade Bureau, Department report of a rule entitled ‘‘Federal Acquisi- of the Treasury, transmitting, pursuant to ADDITIONAL COSPONSORS tion Regulation; Contracting Officer’s Rep- law, the report of a rule entitled ‘‘Modifica- S. 114 resentative’’ (RIN9000–AM52) received in the tion of Mandatory Label Information for Office of the President of the Senate on June Wine’’ (RIN1513–AB36) received in the Office At the request of Mr. DURBIN, the 20, 2013; to the Committee on Homeland Se- of the President of the Senate on June 19, name of the Senator from Connecticut curity and Governmental Affairs. 2013; to the Committee on the Judiciary. (Mr. MURPHY) was added as a cosponsor

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.007 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5018 CONGRESSIONAL RECORD — SENATE June 24, 2013 of S. 114, a bill to amend title 11, S. 650 tion and protection of nationally sig- United States Code, with respect to At the request of Ms. LANDRIEU, the nificant battlefields and associated certain exceptions to discharge in name of the Senator from North Caro- sites of the Revolutionary War and the bankruptcy. lina (Mr. BURR) was added as a cospon- War of 1812 under the American Battle- S. 160 sor of S. 650, a bill to amend title field Protection Program. At the request of Mr. MERKLEY, the XXVII of the Public Health Service Act S. 955 name of the Senator from California to preserve consumer and employer ac- At the request of Mr. THUNE, the (Mrs. FEINSTEIN) was added as a co- cess to licensed independent insurance name of the Senator from New Hamp- sponsor of S. 160, a bill to exclude from producers. shire (Ms. AYOTTE) was added as a co- consumer credit reports medical debt S. 700 sponsor of S. 955, a bill to amend the that has been in collection and has At the request of Mr. KAINE, the Public Health Service Act to provide been fully paid or settled, and for other name of the Senator from Colorado liability protections for volunteer purposes. (Mr. UDALL) was added as a cosponsor practitioners at health centers under S. 367 of S. 700, a bill to ensure that the edu- section 330 of such Act. At the request of Mr. CARDIN, the cation and training provided members S. 1118 of the Armed Forces and veterans bet- name of the Senator from Minnesota At the request of Mr. WYDEN, the (Ms. KLOBUCHAR) was added as a co- ter assists members and veterans in ob- names of the Senator from New York taining civilian certifications and li- sponsor of S. 367, a bill to amend title (Mrs. GILLIBRAND) and the Senator censes, and for other purposes. XVIII of the Social Security Act to re- from West Virginia (Mr. ROCKEFELLER) peal the Medicare outpatient rehabili- S. 731 were added as cosponsors of S. 1118, a tation therapy caps. At the request of Mr. MANCHIN, the bill to amend part E of title IV of the S. 420 name of the Senator from Idaho (Mr. Social Security Act to better enable At the request of Mr. ENZI, the name CRAPO) was added as a cosponsor of S. State child welfare agencies to prevent of the Senator from Hawaii (Ms. 731, a bill to require the Board of Gov- sex trafficking of children and serve HIRONO) was added as a cosponsor of S. ernors of the Federal Reserve System, the needs of children who are victims 420, a bill to amend the Internal Rev- the Federal Deposit Insurance Corpora- of sex trafficking, and for other pur- enue Code of 1986 to provide for the log- tion, and the Office of the Comptroller poses. ical flow of return information between of the Currency to conduct an empir- S. 1123 partnerships, corporations, trusts, es- ical impact study on proposed rules re- At the request of Mr. CARPER, the tates, and individuals to better enable lating to the International Basel III names of the Senator from North Caro- each party to submit timely, accurate agreement on general risk-based cap- lina (Mr. BURR) and the Senator from returns and reduce the need for ex- ital requirements, as they apply to Oklahoma (Mr. INHOFE) were added as tended and amended returns, to provide community banks. cosponsors of S. 1123, a bill to amend for modified due dates by regulation, S. 737 titles XVIII and XIX of the Social Se- and to conform the automatic cor- HELBY At the request of Mr. S , the curity Act to curb waste, fraud, and porate extension period to long- name of the Senator from Idaho (Mr. abuse in the Medicare and Medicaid standing regulatory rule. RAPO C ) was added as a cosponsor of S. programs. S. 422 737, a bill to require the Federal bank- S. 1180 At the request of Mr. BLUMENTHAL, ing agencies to conduct a quantitative the name of the Senator from Maine impact study on the cumulative effect At the request of Mr. GRASSLEY, the names of the Senator from West Vir- (Mr. KING) was added as a cosponsor of of the Basel III framework devised by S. 422, a bill to amend the Department the Basel Committee on Banking Su- ginia (Mr. ROCKEFELLER) and the Sen- of Veterans Affairs Health Care Pro- pervision before issuing final rules ator from Rhode Island (Mr. WHITE- grams Enhancement Act of 2001 and amending the agencies’ general risk- HOUSE) were added as cosponsors of S. title 38, United States Code, to require based capital requirements for deter- 1180, a bill to amend title XI of the So- the provision of chiropractic care and mining risk-weighted assets, as pro- cial Security Act to provide for the services to veterans at all Department posed in the Advanced Approaches public availability of Medicare claims of Veterans Affairs medical centers and Risk-Based Capital Rules Notice of data. to expand access to such care and serv- Proposed Rulemaking, the Standard- S. 1183 ices, and for other purposes. ized Approach for Risk-Weighted As- At the request of Mr. THUNE, the S. 546 sets Notice of Proposed Rulemaking, names of the Senator from Mississippi At the request of Mr. HARKIN, the and the Implementation of Basel III, (Mr. COCHRAN), the Senator from Ken- name of the Senator from Maryland Minimum Regulatory Capital Ratios tucky (Mr. PAUL) and the Senator from (Mr. CARDIN) was added as a cosponsor Notice of Proposed Rulemaking issued Alabama (Mr. SESSIONS) were added as of S. 546, a bill to amend entrance in June 2012, and for other purposes. cosponsors of S. 1183, a bill to amend counseling and exit counseling for bor- S. 820 the Internal Revenue Code of 1986 to re- rowers under the Higher Education Act At the request of Mrs. FEINSTEIN, the peal the estate and generation-skipping of 1965, and for other purposes. name of the Senator from Louisiana transfer taxes, and for other purposes. S. 548 (Ms. LANDRIEU) was added as a cospon- S. 1204 At the request of Ms. KLOBUCHAR, the sor of S. 820, a bill to provide for a uni- At the request of Mr. JOHANNS, his name of the Senator from Illinois (Mr. form national standard for the housing name was added as a cosponsor of S. DURBIN) was added as a cosponsor of S. and treatment of egg-laying hens, and 1204, a bill to amend the Patient Pro- 548, a bill to amend title 10, United for other purposes. tection and Affordable Care Act to pro- States Code, to improve and enhance S. 895 tect rights of conscience with regard to the capabilities of the Armed Forces to At the request of Mrs. GILLIBRAND, requirements for coverage of specific prevent and respond to sexual assault the name of the Senator from Con- items and services, to amend the Pub- and sexual harassment in the Armed necticut (Mr. BLUMENTHAL) was added lic Health Service Act to prohibit cer- Forces, and for other purposes. as a cosponsor of S. 895, a bill to im- tain abortion-related discrimination in S. 647 prove the ability of the Food and Drug governmental activities, and for other At the request of Mr. NELSON, the Administration to study the use of purposes. name of the Senator from Alabama antimicrobial drugs in food-producing S.J. RES. 19 (Mr. SESSIONS) was added as a cospon- animals. At the request of Mr. UDALL of New sor of S. 647, a bill to modify the prohi- S. 916 Mexico, the name of the Senator from bition on recognition by United States At the request of Mr. COCHRAN, the New Mexico (Mr. HEINRICH) was added courts of certain rights relating to cer- name of the Senator from Mississippi as a cosponsor of S.J. Res. 19, a joint tain marks, trade names, or commer- (Mr. WICKER) was added as a cosponsor resolution proposing an amendment to cial names. of S. 916, a bill to authorize the acquisi- the Constitution of the United States

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.018 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5019 relating to contributions and expendi- conducted pursuant to the USA PA- The Director of National Intelligence tures intended to affect elections. TRIOT Act and the Foreign Intel- has acknowledged that they are being S. RES. 26 ligence Surveillance Act of 1978; to the conducted pursuant to section 215 of At the request of Mr. MORAN, the Committee on the Judiciary. the USA PATRIOT Act and section 702 name of the Senator from New Hamp- Mr. LEAHY. Mr. President, for more of the FISA Amendments Act. shire (Mrs. SHAHEEN) was added as a co- than a decade the government’s ability We have also raised questions about sponsor of S. Res. 26, a resolution rec- and authority to gather information lax oversight by the National Security ognizing that access to hospitals and and electronic communications data Agency, when a 29-year-old contract other health care providers for patients about those suspected of, or connected employee can walk off with huge in rural areas of the United States is to, potential terrorists has greatly in- amounts of data without being stopped. essential to the survival and success of creased. You only need to read the It is not enough for the National Secu- communities in the United States. newspaper or listen to the news in rity Agency to come here and say that order to realize how extraordinary this they are doing this to protect the coun- S. RES. 144 expansion has been. As an American, I try. I want them to protect the things At the request of Mr. COONS, the believe that if the government is going they are already holding. So the com- names of the Senator from Maryland to have such powerful authorities, it prehensive legislation I am introducing (Mr. CARDIN), the Senator from Penn- should only be if there is proper over- today will not only improve the pri- sylvania (Mr. CASEY), the Senator from sight, accountability, and trans- vacy protections and accountability Vermont (Mr. LEAHY), the Senator parency. We have to ensure that we provisions associated with these au- from Arizona (Mr. MCCAIN), the Sen- maintain both our Nation’s security thorities, but it is going to strengthen ator from Rhode Island (Mr. WHITE- and the fundamental civil liberties oversight and transparency provisions HOUSE) and the Senator from Oregon upon which our Nation was founded. in other parts of the USA PATRIOT (Mr. WYDEN) were added as cosponsors I have long been troubled by the ex- Act. of S. Res. 144, a resolution concerning pansive nature and scope of the USA In recent days, much attention has the ongoing conflict in the Democratic PATRIOT Act and the FISA Amend- been rightly focused on section 215 of Republic of the Congo and the need for ments Act. There is not enough over- the PATRIOT Act and the bulk collec- international efforts supporting long- sight and ability for Americans to tion of phone call metadata by the Na- term peace, stability, and observance know what their government is doing tional Security Agency and their in- of human rights. and be able to get into the debate of ability to keep that from being stolen S. RES. 151 whether they want their government by a 29-year-old contract worker. At the request of Mr. CASEY, the to do this. That is why I have consist- This measure will narrow the scope name of the Senator from Indiana (Mr. ently fought to include strong protec- of section 215 orders by requiring the DONNELLY) was added as a cosponsor of tions for the privacy rights and civil government to show both relevance to S. Res. 151, a resolution urging the liberties of American citizens, as well an authorized investigation and a link Government of Afghanistan to ensure as sunsets to help ensure proper con- to a foreign group or power. transparent and credible presidential gressional oversight. Nothing focuses The bill also adds more meaningful and provincial elections in April 2014 oversight like knowing a law is about judicial review of section 215 orders but by adhering to internationally accept- to come to an end. So I will introduce strikes the one-year waiting period be- ed democratic standards, establishing a at the end of my remarks, along with a fore a recipient can challenge a non- transparent electoral process, and en- bipartisan group of Senators, the FISA disclosure order for section 215 orders. suring security for voters and can- Accountability and Privacy Protection Now the order comes in and you are didates. Act of 2013. told you can’t talk about it. No matter AMENDMENT NO. 1183 In fact, those of us who are intro- whether it damages your business, At the request of Mr. HOEVEN, the ducing this legislation go across the your relations, or people you are sup- name of the Senator from Tennessee political spectrum. This is not a par- posed to protect, you can’t talk about (Mr. ALEXANDER) was added as a co- tisan issue—this is an American issue. it for one year. That is a broad general- sponsor of amendment No. 1183 pro- This is an issue about wanting to know ization of what the nondisclosure or- posed to S. 744, a bill to provide for what our government is doing and why. ders are. I think those orders should be comprehensive immigration reform As Americans, we have the right to changed. I think when we have these and for other purposes. know what our government does and kinds of ‘‘gag orders’’ on Americans, AMENDMENT NO. 1253 why. you are going into a very dangerous In each of the last two Congresses, I area. At the request of Mr. NELSON, the Moreover, this measure would rename of the Senator from Mississippi introduced legislation to improve and reform the powerful law enforcement quire court review of minimization (Mr. WICKER) was added as a cosponsor procedures when information con- of amendment No. 1253 intended to be tools of the USA PATRIOT Act while cerning a U.S. person is acquired, re- proposed to S. 744, a bill to provide for at the same time increasing judicial tained, or disseminated pursuant to a comprehensive immigration reform oversight, public accountability, and section 215 order. This is a common- and for other purposes. transparency. Both those bills were reported favorably by the Judiciary Com- sense oversight requirement already AMENDMENT NO. 1347 mittee with bipartisan support, but required for other FISA authorities At the request of Ms. LANDRIEU, the Congress ultimately decided to extend such as wiretaps, physical searches, name of the Senator from Illinois (Mr. all of these authorities, without any pen register and trap and trace devices. KIRK) was added as a cosponsor of modifications or improvements, until As I likened it before, we all under- amendment No. 1347 intended to be pro- 2015. stand that if a law enforcement agency posed to S. 744, a bill to provide for Likewise, when Congress considered gets a search warrant to go into your comprehensive immigration reform reauthorizing the FISA Amendments home and search for things, you usu- and for other purposes. Act last year, I pushed for a shorter ally know about it and are able to f sunset, greater transparency for the question that authority. Now if they American people, and better oversight. are collecting things electronically, STATEMENTS ON INTRODUCED I regret the Senate rejected these ef- you don’t know about it, you don’t BILLS AND JOINT RESOLUTIONS forts to apply stricter oversight over know what this is doing to your rep- By Mr. LEAHY (for himself, Mr. these sweeping authorities. utation, to your work, or anything LEE, Mr. UDALL of Colorado, The recent public revelations about else. We have to have more account- Mr. WYDEN, Mr. BLUMENTHAL, two classified data collection programs ability. and Mr. TESTER): have brought renewed attention to the The FISA Accountability and Pri- S. 1215. A bill to strengthen privacy government’s broad surveillance au- vacy Protection Act will also reform protections, accountability, and over- thorities, but they also underscore the and improve other authorities con- sight related to domestic surveillance need for close scrutiny by Congress. tained in the PATRIOT Act that, while

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.019 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5020 CONGRESSIONAL RECORD — SENATE June 24, 2013 perhaps not a topic of recent public de- Finally—and I think this is ex- is amended to read as such provision read on bate—and I will not go into some of tremely important—the bill seeks to October 25, 2001; those aspects here on the floor, also increase oversight by requiring the In- (C) subsections (a) and (b) of section 626 of significantly impact the privacy rights spector General of the Intelligence the Fair Credit Reporting Act (15 U.S.C. 1681u) are amended to read as subsections (a) of Americans. Community to conduct a comprehen- and (b), respectively, of the second of the 2 Some of the things we can talk sive review of the FISA Amendments sections designated as section 624 of such Act about, things such as national security Act and its impact on the privacy (15 U.S.C. 1681u) (relating to disclosure to the letters, so-called NSLs, are used exten- rights of all Americans. Federal Bureau of Investigation for counter- sively by law enforcement and the in- These are commonsense, practical intelligence purposes), as added by section telligence community. They can be improvements to ensure that the broad 601 of the Intelligence Authorization Act for issued without the approval of a court, and powerful surveillance tools being Fiscal Year 1996 (Public Law 104–93; 109 Stat. a grand jury, or a prosecutor. Most used by the government are subject to 974), read on October 25, 2001; (D) section 627 of the Fair Credit Reporting Americans would be amazed to know appropriate limitations, transparency, Act (15 U.S.C. 1681v) is repealed; and that authority exists. Frankly, in a and oversight. The American people de- (E) section 802 of the National Security State such as mine where people value serve to know how laws such as the Act of 1947 (50 U.S.C. 3162) is amended to read their privacy, I think most Vermonters USA PATRIOT Act and the FISA as such provision read on October 25, 2001. would be really concerned about it. Amendments Act are being used to (2) TRANSITION PROVISION.—Notwith- I propose applying a new sunset to conduct electronic surveillance, par- standing paragraph (1), the provisions of law the NSL authority. That would require ticularly when the surveillance is not referred to in paragraph (1), as in effect on Congress to look at it again and come just on those that we have reason to be May 31, 2015, shall continue to apply on and up with a better idea, or it would end after June 1, 2015, with respect to any par- suspicious of, but of all Americans—to- ticular foreign intelligence investigation or right there. I have long been concerned tally innocent Americans. The Amer- with respect to any particular offense or po- about the broad scope of these secret ican people also deserve to know tential offense that began or occurred before requests and the potential for expan- whether these programs have proven June 1, 2015. sive collection of sensitive information sufficiently effective to justify their (3) TECHNICAL AND CONFORMING AMEND- without appropriate limitations and a extraordinary breadth. If you can col- MENTS.—Effective June 1, 2015— sunset provision would help to ensure lect billions of phone calls, and we have (A) section 3511 of title 18, United States proper accountability. proven technologically you can do Code, is amended— (i) in subsections (a), (c), and (d), by strik- Just because we can go out and gath- that, do we get anything out of it? Or, er all of this information on Ameri- ing ‘‘or 627(a)’’ each place it appears; and do we get our information about ter- (ii) in subsection (b)(1)(A), as amended by cans, often doing it secretly, doesn’t rorists the old-fashioned way by actu- section 6(b) of this Act, by striking ‘‘section mean we should. Some of us enjoy our ally talking to people, infiltrating ter- 626 or 627 of the Fair Credit Reporting Act (15 privacy. Some of us like to think we rorist groups, and so forth? U.S.C. 1681u and 1681v)’’ and inserting ‘‘sec- are innocent unless proven guilty. Let us make sure we are not doing tion 626 of the Fair Credit Reporting Act (15 My bill would also address constitu- something just because we can do it, U.S.C. 1681u)’’; tional deficiencies regarding the non- regardless of how it impacts the rights (B) section 118(c) of the USA PATRIOT Im- provement and Reauthorization Act of 2005 disclosure or ‘‘gag orders’’ by finally of Americans. The enhanced layers of allowing individuals to challenge these (18 U.S.C. 3511 note) is amended— transparency, oversight, and account- (i) in subparagraph (C), by adding ‘‘and’’ at orders in court. You grow up hearing ability included in this legislation will the end; from everybody, Well, you can have ensure we are protecting national secu- (ii) in subparagraph (D), by striking ‘‘; your day in court. Actually, you don’t rity without undermining the privacy and’’ and inserting a period; and get your day in court with these ‘‘gag rights and civil liberties of law-abiding (iii) by striking subparagraph (E); and orders.’’ Americans. (C) the table of sections for the Fair Credit The bill would also expand public re- Mr. President, I ask unanimous con- Reporting Act (15 U.S.C. 1681 et seq.) is porting on the use of NSLs and FISA sent that the text of the bill be printed amended by striking the item relating to section 627. authorities, including an unclassified in the RECORD. report on the impact of the use of these There being no objection, the text of SEC. 3. FACTUAL BASIS FOR AND ISSUANCE OF authorities on the privacy of U.S. per- ORDERS FOR ACCESS TO TANGIBLE the bill was ordered to be printed in THINGS. sons. I have heard a great deal in the the RECORD, as follows: (a) IN GENERAL.—Section 501 of the Foreign last few weeks from people not only in Be it enacted by the Senate and House of Rep- Intelligence Surveillance Act of 1978 (50 Vermont but elsewhere asking, Can’t resentatives of the United States of America in U.S.C. 1861) is amended— we have a report the American people Congress assembled, (1) in the section heading, by striking ‘‘cer- can see—not just those of us like my- SECTION 1. SHORT TITLE. tain business records’’ and inserting ‘‘tan- self who have access to classified mate- This Act may be cited as the ‘‘FISA Ac- gible things’’; rial, but have an unclassified report on countability and Privacy Protection Act of (2) in subsection (b)(2), by striking sub- the impact of the use of these authori- 2013’’. paragraphs (A) and (B) and inserting the fol- ties on the privacy of Americans? SEC. 2. SUNSETS. lowing: ‘‘(A) a statement of facts showing that My bill will also address short- (a) MODIFICATION OF FISA AMENDMENTS ACT OF 2008 SUNSET.— there are reasonable grounds to believe that comings in the FISA Amendments Act (1) MODIFICATION.—Section 403(b)(1) of the the records or other things sought— and apply improvements that I sought FISA Amendments Act of 2008 (Public Law ‘‘(i) are relevant to an authorized inves- during last year’s reauthorization de- 110–261; 50 U.S.C. 1881 note) is amended by tigation (other than a threat assessment) bate in the Senate. The existing De- striking ‘‘December 31, 2017’’ and inserting conducted in accordance with subsection cember 2017 sunset would be shortened ‘‘June 1, 2015’’. (a)(2) to obtain foreign intelligence informa- to June 2015 to focus attention and en- (2) TECHNICAL AND CONFORMING AMEND- tion not concerning a United States person sure timely reexamination of how MENTS.—Section 403(b)(2) of such Act (Public or to protect against international terrorism or clandestine intelligence activities; and these authorities are being utilized. Law 110–261; 122 Stat. 2474) is amended by striking ‘‘December 31, 2017’’ and inserting ‘‘(ii)(I) pertain to a foreign power or an The June 2015 sunset will also align ‘‘June 1, 2015’’. agent of a foreign power; with the PATRIOT Act sunset, allow- (3) ORDERS IN EFFECT.—Section 404(b)(1) of ‘‘(II) are relevant to the activities of a sus- ing Congress—and in fact requiring such Act (Public Law 110–261; 50 U.S.C. 1801 pected agent of a foreign power who is the Congress—to address all of these provi- note) is amended in the paragraph heading subject of such authorized investigation; or sions at once, rather than a little piece by striking ‘‘DECEMBER 31, 2017’’ and inserting ‘‘(III) pertain to an individual in contact here and a little piece there. This legis- ‘‘JUNE 1, 2015’’. with, or known to, a suspected agent of a for- lation will also increase accountability (b) NATIONAL SECURITY LETTERS.— eign power; and by clarifying the scope of annual re- (1) REPEAL.—Effective on June 1, 2015— ‘‘(B) a statement of proposed minimization (A) section 2709 of title 18, United States procedures.’’; and views currently required by law ex- Code, is amended to read as such provision (3) in subsection (c)— tends to all agencies that have a role in read on October 25, 2001; (A) in paragraph (1)— developing targeting and so-called (B) section 1114(a)(5) of the Right to Finan- (i) by inserting ‘‘and that the proposed minimization procedures. cial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) minimization procedures meet the definition

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.014 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5021 of minimization procedures under subsection disseminated in a manner that identifies any Bureau of Investigation has sought or ob- (g)’’ after ‘‘subsections (a) and (b)’’; and United States person, without the consent of tained access to information or records (ii) by striking the second sentence; and such person, unless the identity of such per- under this section. (B) in paragraph (2)— son is necessary to understand foreign intel- ‘‘(B) CERTIFICATION.—The requirements of (i) in subparagraph (D), by striking ‘‘and’’ ligence information or assess its importance; subparagraph (A) shall apply if the Director at the end; and of the Federal Bureau of Investigation, or a (ii) in subparagraph (E), by striking the pe- ‘‘(C) notwithstanding subparagraphs (A) designee of the Director whose rank shall be riod at the end and inserting ‘‘; and’’; and and (B), procedures that allow for the reten- no lower than Deputy Assistant Director at (iii) by adding at the end the following: tion and dissemination of information that Bureau headquarters or a Special Agent in ‘‘(F) shall direct that the minimization is evidence of a crime which has been, is Charge of a Bureau field office, certifies procedures be followed.’’. being, or is about to be committed and that that, absent a prohibition of disclosure under (b) TECHNICAL AND CONFORMING AMEND- is to be retained or disseminated for law en- this subsection, there may result— MENTS.— forcement purposes.’’. ‘‘(i) a danger to the national security of (1) DEFINITIONS.—Title V of the Foreign In- (2) PEN REGISTERS AND TRAP AND TRACE DE- the United States; telligence Surveillance Act of 1978 (50 U.S.C. VICES.—Section 402 of the Foreign Intel- ‘‘(ii) interference with a criminal, counter- 1861 et seq.) is amended by adding at the end ligence Surveillance Act of 1978 (50 U.S.C. terrorism, or counterintelligence investiga- the following: 1842) is amended— tion; ‘‘SEC. 503. DEFINITIONS. (A) in subsection (d)(1), by striking ‘‘the ‘‘(iii) interference with diplomatic rela- ‘‘In this title, the terms ‘Attorney Gen- judge finds’’ and all that follows and insert- tions; or eral’, ‘foreign intelligence information’, ing the following: ‘‘the judge finds— ‘‘(iv) danger to the life or physical safety ‘international terrorism’, ‘person’, ‘United ‘‘(A) that the application satisfies the re- of any person. States’, and ‘United States person’ have the quirements of this section; and ‘‘(2) EXCEPTION.— meanings given those terms in section 101.’’. ‘‘(B) that, if there are exceptional cir- ‘‘(A) IN GENERAL.—A wire or electronic (2) TITLE HEADING.—Title V of the Foreign cumstances justifying the use of minimiza- communication service provider, or officer, Intelligence Surveillance Act of 1978 (50 tion procedures in a particular case, the pro- employee, or agent thereof, that receives a U.S.C. 1861 et seq.) is amended in the title posed minimization procedures meet the def- request under subsection (a) may disclose in- heading by striking ‘‘CERTAIN BUSINESS inition of minimization procedures under formation otherwise subject to any applica- RECORDS’’ and inserting ‘‘TANGIBLE this title.’’; and ble nondisclosure requirement to— THINGS’’. (B) by adding at the end the following: ‘‘(i) those persons to whom disclosure is (3) TABLE OF CONTENTS.—The table of con- ‘‘(h) At or before the end of the period of necessary in order to comply with the re- tents in the first section of the Foreign In- time for which the installation and use of a quest; telligence Surveillance Act of 1978 (50 U.S.C. pen register or trap and trace device is ap- ‘‘(ii) an attorney in order to obtain legal 1801 et seq.) is amended— proved under an order or an extension under advice or assistance regarding the request; (A) by striking the items relating to title this section, the judge may assess compli- or V and section 501 and inserting the fol- ance with any applicable minimization pro- ‘‘(iii) other persons as permitted by the Di- lowing: cedures by reviewing the circumstances rector of the Federal Bureau of Investigation or the designee of the Director. ‘‘TITLE V—ACCESS TO TANGIBLE THINGS under which information concerning United ‘‘(B) PERSONS NECESSARY FOR COMPLI- FOR FOREIGN INTELLIGENCE PURPOSES States persons was retained or disseminated.’’. ANCE.—Upon a request by the Director of the ‘‘Sec. 501. Access to tangible things for for- (3) EMERGENCIES.—Section 403 of the For- Federal Bureau of Investigation or the des- eign intelligence purposes and eign Intelligence Surveillance Act of 1978 (50 ignee of the Director, those persons to whom international terrorism inves- U.S.C. 1843) is amended— disclosure will be made under subparagraph tigations.’’; and (A) by redesignating subsection (c) as sub- (A)(i) or to whom such disclosure was made (B) by inserting after the item relating to section (d); and before the request shall be identified to the section 502 the following: (B) by inserting after subsection (b) the Director or the designee. ‘‘Sec. 503. Definitions.’’. following: ‘‘(C) NONDISCLOSURE REQUIREMENT.—A per- SEC. 4. ORDERS FOR PEN REGISTERS AND TRAP ‘‘(c) If the Attorney General authorizes the son to whom disclosure is made under sub- AND TRACE DEVICES FOR FOREIGN emergency installation and use of a pen reg- paragraph (A) shall be subject to the non- INTELLIGENCE PURPOSES. ister or trap and trace device under this sec- disclosure requirements applicable to a per- (a) APPLICATION.—Section 402(c) of the For- tion, the Attorney General shall require that son to whom a request is issued under sub- eign Intelligence Surveillance Act of 1978 (50 minimization procedures be followed, if ap- section (a) in the same manner as the person U.S.C. 1842(c)) is amended— propriate.’’. to whom the request is issued. (1) in paragraph (1), by striking ‘‘and’’ at (4) USE OF INFORMATION.—Section 405(a)(1) ‘‘(D) NOTICE.—Any recipient that discloses the end; of the Foreign Intelligence Surveillance Act to a person described in subparagraph (A) in- (2) in paragraph (2)— of 1978 (50 U.S.C. 1845(a)(1)) is amended by formation otherwise subject to a nondisclo- (A) by striking ‘‘a certification by the ap- striking ‘‘provisions of this section’’ and in- sure requirement shall inform the person of plicant’’ and inserting ‘‘a statement of the serting ‘‘minimization procedures required the applicable nondisclosure requirement. facts and circumstances relied upon by the under this title’’. ‘‘(3) RIGHT TO JUDICIAL REVIEW.— applicant to justify the belief of the appli- (c) TRANSITION PROCEDURES.— ‘‘(A) IN GENERAL.—A wire or electronic cant’’; and (1) ORDERS IN EFFECT.—Notwithstanding communications service provider that re- (B) by striking the period at the end and the amendments made by this Act, an order ceives a request under subsection (a) shall inserting ‘‘; and’’; and entered under section 402(d)(1) of the Foreign have the right to judicial review of any ap- (3) by adding at the end the following: Intelligence Surveillance Act of 1978 (50 plicable nondisclosure requirement. ‘‘(3) a statement of whether minimization U.S.C. 1842(d)(1)) that is in effect on the ef- ‘‘(B) NOTIFICATION.—A request under sub- procedures are being proposed and, if so, a fective date of the amendments made by this section (a) shall state that if the recipient statement of the proposed minimization pro- section shall remain in effect until the expi- wishes to have a court review a nondisclo- cedures.’’. ration of the order. sure requirement, the recipient shall notify (b) MINIMIZATION.— (2) EXTENSIONS.—A request for an exten- the Government. (1) DEFINITION.—Section 401 of the Foreign sion of an order referred to in paragraph (1) ‘‘(C) INITIATION OF PROCEEDINGS.—If a re- Intelligence Surveillance Act of 1978 (50 shall be subject to the requirements of the cipient of a request under subsection (a) U.S.C. 1841) is amended by adding at the end Foreign Intelligence Surveillance Act of 1978 makes a notification under subparagraph the following: (50 U.S.C. 1801 et seq.), as amended by this (B), the Government shall initiate judicial ‘‘(4) The term ‘minimization procedures’ Act. review under the procedures established in means— SEC. 5. LIMITATIONS ON DISCLOSURE OF NA- section 3511 of this title, unless an appro- ‘‘(A) specific procedures, that are reason- TIONAL SECURITY LETTERS. priate official of the Federal Bureau of the ably designed in light of the purpose and (a) IN GENERAL.—Section 2709 of title 18, Investigation makes a notification under technique of an order for the installation and United States Code, is amended by striking paragraph (4). use of a pen register or trap and trace device, subsection (c) and inserting the following: ‘‘(4) TERMINATION.—In the case of any re- to minimize the retention, and prohibit the ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— quest for which a recipient has submitted a dissemination, of nonpublicly available in- ‘‘(1) PROHIBITION.— notification under paragraph (3)(B), if the formation known to concern unconsenting ‘‘(A) IN GENERAL.—If a certification is facts supporting a nondisclosure requirement United States persons consistent with the issued under subparagraph (B) and notice of cease to exist, an appropriate official of the need of the United States to obtain, produce, the right to judicial review under paragraph Federal Bureau of Investigation shall and disseminate foreign intelligence infor- (3) is provided, no wire or electronic commu- promptly notify the wire or electronic serv- mation; nication service provider, or officer, em- ice provider, or officer, employee, or agent ‘‘(B) procedures that require that nonpub- ployee, or agent thereof, that receives a re- thereof, subject to the nondisclosure require- licly available information, which is not for- quest under subsection (a), shall disclose to ment that the nondisclosure requirement is eign intelligence information, shall not be any person that the Director of the Federal no longer in effect.’’.

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(b) IDENTITY OF FINANCIAL INSTITUTIONS shall initiate judicial review under the pro- ‘‘(D) NOTICE.—Any recipient that discloses AND CREDIT REPORTS.—Section 626 of the cedures established in section 3511 of title 18, to a person described in subparagraph (A) in- Fair Credit Reporting Act (15 U.S.C. 1681u) is United States Code, unless an appropriate of- formation otherwise subject to a nondisclo- amended by striking subsection (d) and in- ficial of the Federal Bureau of Investigation sure requirement shall inform the person of serting the following: makes a notification under paragraph (4). the applicable nondisclosure requirement. ‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— ‘‘(4) TERMINATION.—In the case of any re- ‘‘(3) RIGHT TO JUDICIAL REVIEW.— ‘‘(1) PROHIBITION.— quest or order for which a consumer report- ‘‘(A) IN GENERAL.—A consumer reporting ‘‘(A) IN GENERAL.—If a certification is ing agency has submitted a notification agency that receives a request under sub- issued under subparagraph (B) and notice of under paragraph (3)(B), if the facts sup- section (a) shall have the right to judicial re- the right to judicial review under paragraph porting a nondisclosure requirement cease to view of any applicable nondisclosure require- (3) is provided, no consumer reporting agen- exist, an appropriate official of the Federal ment. cy, or officer, employee, or agent thereof, Bureau of Investigation shall promptly no- ‘‘(B) NOTIFICATION.—A request under sub- that receives a request or order under sub- tify the consumer reporting agency, or offi- section (a) shall state that if the recipient section (a), (b), or (c), shall disclose or speci- cer, employee, or agent thereof, subject to wishes to have a court review a nondisclo- fy in any consumer report, that the Federal the nondisclosure requirement that the non- sure requirement, the recipient shall notify Bureau of Investigation has sought or ob- disclosure requirement is no longer in ef- the government. tained access to information or records fect.’’. ‘‘(C) INITIATION OF PROCEEDINGS.—If a re- under subsection (a), (b), or (c). (c) DISCLOSURES TO GOVERNMENTAL AGEN- cipient of a request under subsection (a) ‘‘(B) CERTIFICATION.—The requirements of CIES FOR COUNTERTERRORISM PURPOSES.— makes a notification under subparagraph subparagraph (A) shall apply if the Director Section 627 of the Fair Credit Reporting Act (B), the government shall initiate judicial of the Federal Bureau of Investigation, or a (15 U.S.C. 1681v) is amended by striking sub- review under the procedures established in designee of the Director whose rank shall be section (c) and inserting the following: section 3511 of title 18, United States Code, no lower than Deputy Assistant Director at ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— unless an appropriate official of the govern- Bureau headquarters or a Special Agent in ‘‘(1) PROHIBITION.— ment agency authorized to conduct inves- Charge of a Bureau field office, certifies ‘‘(A) IN GENERAL.—If a certification is tigations of, or intelligence or counterintel- that, absent a prohibition of disclosure under issued under subparagraph (B) and notice of ligence activities or analysis related to, this subsection, there may result— the right to judicial review under paragraph international terrorism makes a notification ‘‘(i) a danger to the national security of (3) is provided, no consumer reporting agen- under paragraph (4). the United States; cy, or officer, employee, or agent thereof, ‘‘(4) TERMINATION.—In the case of any re- ‘‘(ii) interference with a criminal, counter- that receives a request under subsection (a), quest for which a consumer reporting agency terrorism, or counterintelligence investiga- shall disclose to any person or specify in any has submitted a notification under para- tion; consumer report, that a government agency graph (3)(B), if the facts supporting a non- ‘‘(iii) interference with diplomatic rela- has sought or obtained access to information disclosure requirement cease to exist, an ap- tions; or under subsection (a). propriate official of the government agency ‘‘(iv) danger to the life or physical safety ‘‘(B) CERTIFICATION.—The requirements of authorized to conduct investigations of, or of any person. subparagraph (A) shall apply if the head of a intelligence or counterintelligence activities ‘‘(2) EXCEPTION.— government agency authorized to conduct or analysis related to, international ter- ‘‘(A) IN GENERAL.—A consumer reporting investigations of, or intelligence or counter- rorism shall promptly notify the consumer agency, or officer, employee, or agent there- intelligence activities or analysis related to, reporting agency, or officer, employee, or of, that receives a request or order under international terrorism, or a designee, cer- agent thereof, subject to the nondisclosure subsection (a), (b), or (c) may disclose infor- tifies that, absent a prohibition of disclosure requirement that the nondisclosure require- mation otherwise subject to any applicable under this subsection, there may result— ment is no longer in effect.’’. nondisclosure requirement to— ‘‘(i) a danger to the national security of (d) FINANCIAL RECORDS.—Section 1114(a)(5) ‘‘(i) those persons to whom disclosure is the United States; of the Right to Financial Privacy Act of 1978 necessary in order to comply with the re- ‘‘(ii) interference with a criminal, counter- (12 U.S.C. 3414(a)(5)) is amended by striking quest or order; terrorism, or counterintelligence investiga- subparagraph (D) and inserting the fol- ‘‘(ii) an attorney in order to obtain legal tion; lowing: advice or assistance regarding the request or ‘‘(iii) interference with diplomatic rela- ‘‘(D) PROHIBITION OF CERTAIN DISCLO- order; or tions; or SURE.— ‘‘(iii) other persons as permitted by the Di- ‘‘(iv) danger to the life or physical safety ‘‘(i) PROHIBITION.— rector of the Federal Bureau of Investigation of any person. ‘‘(I) IN GENERAL.—If a certification is or the designee of the Director. ‘‘(2) EXCEPTION.— issued under subclause (II) and notice of the ‘‘(B) PERSONS NECESSARY FOR COMPLI- ‘‘(A) IN GENERAL.—A consumer reporting right to judicial review under clause (iii) is ANCE.—Upon a request by the Director of the agency, or officer, employee, or agent there- provided, no financial institution, or officer, Federal Bureau of Investigation or the des- of, that receives a request under subsection employee, or agent thereof, that receives a ignee of the Director, those persons to whom (a) may disclose information otherwise sub- request under subparagraph (A), shall dis- disclosure will be made under subparagraph ject to any applicable nondisclosure require- close to any person that the Federal Bureau (A)(i) or to whom such disclosure was made ment to— of Investigation has sought or obtained ac- before the request shall be identified to the ‘‘(i) those persons to whom disclosure is cess to information or records under sub- Director or the designee. necessary in order to comply with the re- paragraph (A). ‘‘(C) NONDISCLOSURE REQUIREMENT.—A per- quest; ‘‘(II) CERTIFICATION.—The requirements of son to whom disclosure is made under sub- ‘‘(ii) an attorney in order to obtain legal subclause (I) shall apply if the Director of paragraph (A) shall be subject to the non- advice or assistance regarding the request; the Federal Bureau of Investigation, or a disclosure requirements applicable to a per- or designee of the Director whose rank shall be son to whom a request or order is issued ‘‘(iii) other persons as permitted by the no lower than Deputy Assistant Director at under subsection (a), (b), or (c) in the same head of the government agency authorized to Bureau headquarters or a Special Agent in manner as the person to whom the request or conduct investigations of, or intelligence or Charge of a Bureau field office, certifies order is issued. counterintelligence activities or analysis re- that, absent a prohibition of disclosure under ‘‘(D) NOTICE.—Any recipient that discloses lated to, international terrorism, or a des- this subparagraph, there may result— to a person described in subparagraph (A) in- ignee. ‘‘(aa) a danger to the national security of formation otherwise subject to a nondisclo- ‘‘(B) PERSONS NECESSARY FOR COMPLI- the United States; sure requirement shall inform the person of ANCE.—Upon a request by the head of a gov- ‘‘(bb) interference with a criminal, the applicable nondisclosure requirement. ernment agency authorized to conduct inves- counterterrorism, or counterintelligence in- ‘‘(3) RIGHT TO JUDICIAL REVIEW.— tigations of, or intelligence or counterintel- vestigation; ‘‘(A) IN GENERAL.—A consumer reporting ligence activities or analysis related to, ‘‘(cc) interference with diplomatic rela- agency that receives a request or order under international terrorism, or a designee, those tions; or subsection (a), (b), or (c) shall have the right persons to whom disclosure will be made ‘‘(dd) danger to the life or physical safety to judicial review of any applicable non- under subparagraph (A)(i) or to whom such of any person. disclosure requirement. disclosure was made before the request shall ‘‘(ii) EXCEPTION.— ‘‘(B) NOTIFICATION.—A request or order be identified to the head of the government ‘‘(I) IN GENERAL.—A financial institution, under subsection (a), (b), or (c) shall state agency or the designee. or officer, employee, or agent thereof, that that if the recipient wishes to have a court ‘‘(C) NONDISCLOSURE REQUIREMENT.—A per- receives a request under subparagraph (A) review a nondisclosure requirement, the re- son to whom disclosure is made under sub- may disclose information otherwise subject cipient shall notify the Government. paragraph (A) shall be subject to the non- to any applicable nondisclosure requirement ‘‘(C) INITIATION OF PROCEEDINGS.—If a re- disclosure requirements applicable to a per- to— cipient of a request or order under sub- son to whom a request is issued under sub- ‘‘(aa) those persons to whom disclosure is section (a), (b), or (c) makes a notification section (a) in the same manner as the person necessary in order to comply with the re- under subparagraph (B), the Government to whom the request is issued. quest;

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‘‘(bb) an attorney in order to obtain legal ‘‘(2) EXCEPTION.— (b) JUDICIAL REVIEW OF NATIONAL SECURITY advice or assistance regarding the request; ‘‘(A) IN GENERAL.—A governmental or pri- LETTERS.—Section 3511(b) of title 18, United or vate entity, or officer, employee, or agent States Code, is amended to read as follows: ‘‘(cc) other persons as permitted by the Di- thereof, that receives a request under sub- ‘‘(b) NONDISCLOSURE.— rector of the Federal Bureau of Investigation section (a) may disclose information other- ‘‘(1) IN GENERAL.— or the designee of the Director. wise subject to any applicable nondisclosure ‘‘(A) NOTICE.—If a recipient of a request or ‘‘(II) PERSONS NECESSARY FOR COMPLI- requirement to— order for a report, records, or other informa- ANCE.—Upon a request by the Director of the ‘‘(i) those persons to whom disclosure is tion under section 2709 of this title, section Federal Bureau of Investigation or the des- necessary in order to comply with the re- 626 or 627 of the Fair Credit Reporting Act (15 ignee of the Director, those persons to whom quest; U.S.C. 1681u and 1681v), section 1114 of the disclosure will be made under subclause ‘‘(ii) an attorney in order to obtain legal Right to Financial Privacy Act of 1978 (12 (I)(aa) or to whom such disclosure was made advice or assistance regarding the request; U.S.C. 3414), or section 802 of the National before the request shall be identified to the or Security Act of 1947 (50 U.S.C. 3162), wishes Director or the designee. ‘‘(iii) other persons as permitted by the to have a court review a nondisclosure re- ‘‘(III) NONDISCLOSURE REQUIREMENT.—A head of the authorized investigative agency quirement imposed in connection with the person to whom disclosure is made under described in subsection (a). request or order, the recipient shall notify subclause (I) shall be subject to the non- ‘‘(B) PERSONS NECESSARY FOR COMPLI- the Government. disclosure requirements applicable to a per- ANCE.—Upon a request by the head of an au- ‘‘(B) APPLICATION.—Not later than 30 days son to whom a request is issued under sub- thorized investigative agency described in after the date of receipt of a notification paragraph (A) in the same manner as the subsection (a), or a designee, those persons under subparagraph (A), the Government person to whom the request is issued. to whom disclosure will be made under sub- shall apply for an order prohibiting the dis- ‘‘(IV) NOTICE.—Any recipient that discloses paragraph (A)(i) or to whom such disclosure closure of the existence or contents of the to a person described in subclause (I) infor- was made before the request shall be identi- relevant request or order. An application mation otherwise subject to a nondisclosure fied to the head of the authorized investiga- under this subparagraph may be filed in the requirement shall inform the person of the tive agency or the designee. district court of the United States for the ju- applicable nondisclosure requirement. ‘‘(C) NONDISCLOSURE REQUIREMENT.—A per- dicial district in which the recipient of the ‘‘(iii) RIGHT TO JUDICIAL REVIEW.— son to whom disclosure is made under sub- order is doing business or in the district ‘‘(I) IN GENERAL.—A financial institution paragraph (A) shall be subject to the non- court of the United States for any judicial that receives a request under subparagraph disclosure requirements applicable to a per- district within which the authorized inves- (A) shall have the right to judicial review of son to whom a request is issued under sub- tigation that is the basis for the request or any applicable nondisclosure requirement. section (a) in the same manner as the person order is being conducted. The applicable non- ‘‘(II) NOTIFICATION.—A request under sub- to whom the request is issued. disclosure requirement shall remain in effect paragraph (A) shall state that if the recipi- ‘‘(D) NOTICE.—Any recipient that discloses during the pendency of proceedings relating ent wishes to have a court review a non- to a person described in subparagraph (A) in- to the requirement. disclosure requirement, the recipient shall formation otherwise subject to a nondisclo- ‘‘(C) CONSIDERATION.—A district court of notify the Government. sure requirement shall inform the person of the United States that receives an applica- ‘‘(III) INITIATION OF PROCEEDINGS.—If a re- the applicable nondisclosure requirement. tion under subparagraph (B) should rule ex- cipient of a request under subparagraph (A) ‘‘(3) RIGHT TO JUDICIAL REVIEW.— peditiously, and shall, subject to paragraph makes a notification under subclause (II), ‘‘(A) IN GENERAL.—A governmental or pri- (3), issue a nondisclosure order that includes the Government shall initiate judicial re- vate entity that receives a request under conditions appropriate to the circumstances. view under the procedures established in sec- subsection (a) shall have the right to judicial ‘‘(2) APPLICATION CONTENTS.—An application 3511 of title 18, United States Code, un- review of any applicable nondisclosure re- tion for a nondisclosure order or extension less an appropriate official of the Federal quirement. thereof under this subsection shall include a Bureau of Investigation makes a notification ‘‘(B) NOTIFICATION.—A request under sub- certification from the Attorney General, under clause (iv). section (a) shall state that if the recipient Deputy Attorney General, an Assistant At- ‘‘(iv) TERMINATION.—In the case of any re- wishes to have a court review a nondisclo- torney General, or the Director of the Fed- quest for which a financial institution has sure requirement, the recipient shall notify eral Bureau of Investigation, or in the case submitted a notification under clause the Government. of a request by a department, agency, or in- (iii)(II), if the facts supporting a nondisclo- ‘‘(C) INITIATION OF PROCEEDINGS.—If a re- strumentality of the Federal Government sure requirement cease to exist, an appro- cipient of a request under subsection (a) other than the Department of Justice, the priate official of the Federal Bureau of In- makes a notification under subparagraph head or deputy head of the department, vestigation shall promptly notify the finan- (B), the Government shall initiate judicial agency, or instrumentality, containing a cial institution, or officer, employee, or review under the procedures established in statement of specific facts indicating that, agent thereof, subject to the nondisclosure section 3511 of title 18, United States Code, absent a prohibition of disclosure under this requirement that the nondisclosure require- unless an appropriate official of the author- subsection, there may result— ment is no longer in effect.’’. ized investigative agency described in sub- ‘‘(A) a danger to the national security of (e) REQUESTS BY AUTHORIZED INVESTIGA- section (a) makes a notification under para- the United States; TIVE AGENCIES.—Section 802 of the National graph (4). ‘‘(B) interference with a criminal, counter- Security Act of 1947 (50 U.S.C. 3162), is ‘‘(4) TERMINATION.—In the case of any re- terrorism, or counterintelligence investiga- amended by striking subsection (b) and in- quest for which a governmental or private tion; serting the following: entity has submitted a notification under ‘‘(C) interference with diplomatic rela- ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— paragraph (3)(B), if the facts supporting a tions; or ‘‘(1) PROHIBITION.— nondisclosure requirement cease to exist, an ‘‘(D) danger to the life or physical safety of ‘‘(A) IN GENERAL.—If a certification is appropriate official of the authorized inves- any person. issued under subparagraph (B) and notice of tigative agency described in subsection (a) ‘‘(3) STANDARD.—A district court of the the right to judicial review under paragraph shall promptly notify the governmental or United States shall issue a nondisclosure re- (3) is provided, no governmental or private private entity, or officer, employee, or agent quirement order or extension thereof under entity, or officer, employee, or agent there- thereof, subject to the nondisclosure require- this subsection if the court determines, giv- of, that receives a request under subsection ment that the nondisclosure requirement is ing substantial weight to the certification (a), shall disclose to any person that an au- no longer in effect.’’. under paragraph (2), that there is reason to thorized investigative agency described in SEC. 6. JUDICIAL REVIEW OF FISA ORDERS AND believe that disclosure of the information subsection (a) has sought or obtained access NATIONAL SECURITY LETTERS. subject to the nondisclosure requirement to information under subsection (a). (a) FISA.—Section 501(f)(2) of the Foreign during the applicable time period will result ‘‘(B) CERTIFICATION.—The requirements of Intelligence Surveillance Act of 1978 (50 in— subparagraph (A) shall apply if the head of U.S.C. 1861(f)(2)) is amended— ‘‘(A) a danger to the national security of an authorized investigative agency described (1) in subparagraph (A)— the United States; in subsection (a), or a designee, certifies (A) in clause (i)— ‘‘(B) interference with a criminal, counter- that, absent a prohibition of disclosure under (i) by striking ‘‘a production order’’ and in- terrorism, or counterintelligence investiga- this subsection, there may result— serting ‘‘a production order or nondisclosure tion; ‘‘(i) a danger to the national security of order’’; and ‘‘(C) interference with diplomatic rela- the United States; (ii) by striking ‘‘Not less than 1 year’’ and tions; or ‘‘(ii) interference with a criminal, counter- all that follows; and ‘‘(D) danger to the life or physical safety of terrorism, or counterintelligence investiga- (B) in clause (ii), by striking ‘‘production any person.’’. tion; order or nondisclosure’’; and (c) MINIMIZATION.—Section 501(g)(1) of the ‘‘(iii) interference with diplomatic rela- (2) in subparagraph (C)— Foreign Intelligence Surveillance Act of 1978 tions; or (A) by striking clause (ii); and (50 U.S.C. 1861(g)(1)) is amended by striking ‘‘(iv) danger to the life or physical safety (B) by redesignating clause (iii) as clause ‘‘Not later than’’ and all that follows and in- of any person. (ii). serting ‘‘At or before the end of the period of

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time for the production of tangible things ‘‘(B) The Director of the Federal Bureau of ‘‘(A) IN GENERAL.—Not later than March 1, under an order approved under this section Investigation, or a designee in a position not 2014, and every 6 months thereafter, the At- or at any time after the production of tan- lower than Deputy Assistant Director at Bu- torney General shall submit to the Select gible things under an order approved under reau headquarters or a Special Agent in Committee on Intelligence, the Committee this section, a judge may assess compliance Charge in a Bureau field office designated by on the Judiciary, and the Committee on with the minimization procedures by review- the Director, may make a certification Banking, Housing, and Urban Affairs of the ing the circumstances under which informa- under subparagraph (A) only upon a written Senate and the Permanent Select Committee tion concerning United States persons was statement, which shall be retained by the on Intelligence, the Committee on the Judi- retained or disseminated.’’. Federal Bureau of Investigation, of specific ciary, and the Committee on Financial Serv- SEC. 7. CERTIFICATION FOR ACCESS TO TELE- facts showing that there are reasonable ices of the House of Representatives a report PHONE TOLL AND TRANSACTIONAL grounds to believe that the information fully informing the committees concerning RECORDS. sought is relevant to the authorized inves- the requests made under section 2709(a) of (a) IN GENERAL.—Section 2709 of title 18, tigation described in subparagraph (A).’’. title 18, United States Code, section United States Code, as amended by this Act, (e) REQUESTS BY AUTHORIZED INVESTIGA- 1114(a)(5)(A) of the Right to Financial Pri- is amended— TIVE AGENCIES.—Section 802(a) of the Na- vacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)), sec- (1) by striking subsection (e); tional Security Act of 1947 (50 U.S.C. 3162(a)) tion 626 of the Fair Credit Reporting Act (15 (2) by redesignating subsections (c) and (d) is amended by adding at the end the fol- U.S.C. 1681u), section 627 of the Fair Credit as subsections (d) and (e), respectively; and lowing: Reporting Act (15 U.S.C. 1681v), or section 802 (3) by inserting after subsection (b) the fol- ‘‘(4) A department or agency head, deputy of the National Security Act of 1947 (50 lowing: department or agency head, or senior official U.S.C. 3162) during the applicable period. ‘‘(c) WRITTEN STATEMENT.—The Director of described in paragraph (3)(A) may make a ‘‘(B) CONTENTS.—Each report under sub- the Federal Bureau of Investigation, or a certification under paragraph (3)(A) only paragraph (A) shall include, for each provi- designee in a position not lower than Deputy upon a written statement, which shall be re- sion of law described in subparagraph (A)— Assistant Director at Bureau headquarters tained by the authorized investigative agen- ‘‘(i) the number of authorized requests or a Special Agent in Charge in a Bureau cy, of specific facts showing that there are under the provision, including requests for field office designated by the Director, may reasonable grounds to believe that the infor- subscriber information; and make a certification under subsection (b) mation sought is relevant to the authorized ‘‘(ii) the number of authorized requests only upon a written statement, which shall inquiry or investigation described in para- under the provision— be retained by the Federal Bureau of Inves- graph (3)(A)(ii).’’. ‘‘(I) that relate to a United States person; tigation, of specific facts showing that there (f) TECHNICAL AND CONFORMING AMEND- ‘‘(II) that relate to a person that is not a are reasonable grounds to believe that the MENTS.— United States person; information sought is relevant to the au- (1) OBSTRUCTION OF CRIMINAL INVESTIGA- ‘‘(III) that relate to a person that is— thorized investigation described in sub- TIONS.—Section 1510(e) of title 18, United ‘‘(aa) the subject of an authorized national section (b).’’. States Code, is amended by striking ‘‘section security investigation; or (b) IDENTITY OF FINANCIAL INSTITUTIONS 2709(c)(1) of this title, section 626(d)(1) or ‘‘(bb) an individual who has been in con- AND CREDIT REPORTS.—Section 626 of the 627(c)(1) of the Fair Credit Reporting Act (15 tact with or otherwise directly linked to the Fair Credit Reporting Act (15 U.S.C. 1681u), U.S.C. 1681u(d)(1) or 1681v(c)(1)), section subject of an authorized national security in- as amended by this Act, is amended— 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to vestigation; and (1) by striking subsection (h); Financial Privacy Act (12 U.S.C. 3414(a)(3)(A) ‘‘(IV) that relate to a person that is not (2) by redesignating subsections (d), (e), (f), or 3414(a)(5)(D)(i)), or section 802(b)(1) of the known to be the subject of an authorized na- and (g) as subsections (e), (f), (g), and (h), re- National Security Act of 1947 (50 U.S.C. tional security investigation or to have been spectively; and 403(b)(1))’’ and inserting ‘‘section 2709(d)(1) of in contact with or otherwise directly linked (3) by inserting after subsection (c) the fol- this title, section 626(e)(1) or 627(c)(1) of the to the subject of an authorized national se- lowing: Fair Credit Reporting Act (15 U.S.C. curity investigation. ‘‘(d) WRITTEN STATEMENT.—The Director of 1681u(e)(1) and 1681v(c)(1)), section ‘‘(3) UNCLASSIFIED FORM.— the Federal Bureau of Investigation, or a 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to ‘‘(A) IN GENERAL.—Not later than March 1, designee in a position not lower than Deputy Financial Privacy Act of 1978 (12 U.S.C. 2014, and every 6 months thereafter, the At- Assistant Director at Bureau headquarters 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section torney General shall submit to the Select or a Special Agent in Charge in a Bureau 802(b)(1) of the National Security Act of 1947 Committee on Intelligence, the Committee field office designated by the Director, may (50 U.S.C. 3162(b)(1))’’. on the Judiciary, and the Committee on make a certification under subsection (a) or (2) SEMIANNUAL REPORTS.—Section 507(b) of Banking, Housing, and Urban Affairs of the (b) only upon a written statement, which the National Security Act of 1947 (50 U.S.C. Senate and the Permanent Select Committee shall be retained by the Federal Bureau of 415b(b)) is amended to read as follows: on Intelligence, the Committee on the Judi- Investigation, of specific facts showing that ‘‘(b) SEMIANNUAL REPORTS.—The dates for ciary, and the Committee on Financial Serv- there are reasonable grounds to believe that the submittal to the congressional intel- ices of the House of Representatives a report the information sought is relevant to the au- ligence committees of the semiannual re- fully informing the committees concerning thorized investigation described in sub- ports on decisions not to prosecute certain the aggregate total of all requests identified section (a) or (b), as the case may be.’’. violations of law under the Classified Infor- under paragraph (2) during the applicable pe- (c) DISCLOSURES TO GOVERNMENTAL AGEN- mation Procedures Act (18 U.S.C. App.), as riod. Each report under this subparagraph CIES FOR COUNTERTERRORISM PURPOSES.— required by section 13 of that Act, shall be shall be in unclassified form. Section 627(b) of the Fair Credit Reporting the dates each year provided in subsection ‘‘(B) CONTENTS.—Each report under sub- Act (15 U.S.C. 1681v(b)) is amended— (c)(2).’’. paragraph (A) shall include the aggregate (1) in the subsection heading, by striking SEC. 8. PUBLIC REPORTING ON NATIONAL SECU- total of requests— ‘‘FORM OF CERTIFICATION’’ and inserting RITY LETTERS. ‘‘(i) that relate to a United States person; ‘‘CERTIFICATION’’; (a) IN GENERAL.—Section 118(c) of the USA ‘‘(ii) that relate to a person that is not a (2) by striking ‘‘The certification’’ and in- PATRIOT Improvement and Reauthorization United States person; serting the following: Act of 2005 (18 U.S.C. 3511 note) is amended to ‘‘(iii) that relate to a person that is— ‘‘(1) FORM OF CERTIFICATION.—The certifi- read as follows: ‘‘(I) the subject of an authorized national cation’’; and ‘‘(c) REPORTS ON REQUESTS FOR NATIONAL security investigation; or (3) by adding at the end the following: SECURITY LETTERS.— ‘‘(II) an individual who has been in contact ‘‘(2) WRITTEN STATEMENT.—A supervisory ‘‘(1) DEFINITIONS.—In this subsection— with or otherwise directly linked to the sub- official or officer described in paragraph (1) ‘‘(A) the term ‘applicable period’ means— ject of an authorized national security inves- may make a certification under subsection ‘‘(i) with respect to the first report sub- tigation; and (a) only upon a written statement, which mitted under paragraph (2) or (3), the period ‘‘(iv) that relate to a person that is not shall be retained by the government agency, beginning 180 days after the date of enact- known to be the subject of an authorized na- of specific facts showing that there are rea- ment of the FISA Accountability and Pri- tional security investigation or to have been sonable grounds to believe that the informa- vacy Protection Act of 2013 and ending on in contact with or otherwise directly linked tion sought is relevant to the authorized in- December 31, 2013; and to the subject of an authorized national se- vestigation described in subsection (a).’’. ‘‘(ii) with respect to the second report sub- curity investigation.’’. (d) FINANCIAL RECORDS.—Section 1114(a)(5) mitted under paragraph (2) or (3), and each (b) TECHNICAL AND CONFORMING AMEND- of the Right to Financial Privacy Act of 1978 report thereafter, the 6-month period ending MENT.—Section 627 of the Fair Credit Report- (12 U.S.C. 3414(a)(5)), as amended by this Act, on the last day of the second month before ing Act (15 U.S.C. 1681v) is amended by strik- is amended— the date for submission of the report; and ing subsection (f). (1) by striking subparagraph (C); ‘‘(B) the term ‘United States person’ has SEC. 9. PUBLIC REPORTING ON THE FOREIGN IN- (2) by redesignating subparagraph (B) as the meaning given that term in section 101 of TELLIGENCE SURVEILLANCE ACT OF subparagraph (C); and the Foreign Intelligence Surveillance Act of 1978. (3) by inserting after subparagraph (A) the 1978 (50 U.S.C. 1801). (a) IN GENERAL.—Title VI of the Foreign following: ‘‘(2) CLASSIFIED FORM.— Intelligence Surveillance Act of 1978 (50

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.015 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5025 U.S.C. 1871) is amended by adding at the end Intelligence Surveillance Act of 1978 (50 (B) in paragraph (3)(C), by striking ‘‘(as the following: U.S.C. 1861 et seq.) in the intelligence activi- such term is defined in section 3(4) of the Na- ‘‘SEC. 602. ANNUAL UNCLASSIFIED REPORT. ties of the element of the intelligence com- tional Security Act of 1947 (50 U.S.C. ‘‘Not later than December 31, 2014, and munity shall— 401a(4)))’’; every year thereafter, the Attorney General, ‘‘(A) assess the importance of the informa- (2) in subsection (c), by adding at the end in consultation with the Director of National tion to the intelligence activities of the ele- the following: Intelligence, and with due regard for the pro- ment of the intelligence community; ‘‘(3) CALENDAR YEARS 2010 AND 2011.—Not tection of classified information from unau- ‘‘(B) examine the manner in which that in- later than January 1, 2014, the Inspector thorized disclosure, shall submit to the Com- formation was collected, retained, analyzed, General of the Department of Justice shall mittee on the Judiciary and the Select Com- and disseminated by the element of the in- submit to the Committee on the Judiciary mittee on Intelligence of the Senate and the telligence community; and the Permanent Select Committee on In- Committee on the Judiciary and the Perma- ‘‘(C) describe any noteworthy facts or cir- telligence of the House of Representatives nent Select Committee on Intelligence of the cumstances relating to orders under title V and the Committee on the Judiciary and the House of Representatives an unclassified re- of the Foreign Intelligence Surveillance Act Select Committee on Intelligence of the Sen- port summarizing how the authorities under of 1978 as the orders relate to the element of ate a report containing the results of the this Act are used, including the impact of the intelligence community; and audit conducted under subsection (a) for cal- the use of the authorities under this Act on ‘‘(D) examine any minimization procedures endar years 2010 and 2011. the privacy of United States persons (as de- used by the element of the intelligence com- ‘‘(4) CALENDAR YEARS 2012 AND 2013.—Not fined in section 101).’’. munity under title V of the Foreign Intel- later than January 1, 2015, the Inspector (b) TECHNICAL AND CONFORMING AMEND- ligence Surveillance Act of 1978 and whether General of the Department of Justice shall MENT.—The table of contents in the first sec- the minimization procedures adequately pro- submit to the Committee on the Judiciary tion of the Foreign Intelligence Surveillance tect the constitutional rights of United and the Permanent Select Committee on In- Act of 1978 (50 U.S.C. 1801 et seq.) is amended States persons. telligence of the House of Representatives by inserting after the item relating to sec- ‘‘(2) SUBMISSION DATES FOR ASSESSMENT.— and the Committee on the Judiciary and the tion 601 the following: ‘‘(A) CALENDAR YEARS 2010 AND 2011.—Not Select Committee on Intelligence of the Sen- later than January 1, 2014, the Inspector ate a report containing the results of the ‘‘Sec. 602. Annual unclassified report.’’. General of each element of the intelligence audit conducted under subsection (a) for cal- SEC. 10. AUDITS. community that conducts an assessment endar years 2012 and 2013.’’; (a) TANGIBLE THINGS.—Section 106A of the under this subsection shall submit to the (3) by striking subsection (g) and inserting USA PATRIOT Improvement and Reauthor- Committee on the Judiciary and the Select the following: ization Act of 2005 (Public Law 109–177; 120 Committee on Intelligence of the Senate and ‘‘(h) DEFINITIONS.—In this section— Stat. 200) is amended— the Committee on the Judiciary and the Per- ‘‘(1) the term ‘intelligence community’ has (1) in subsection (b)— manent Select Committee on Intelligence of the meaning given that term in section 3 of (A) in paragraph (1), by inserting ‘‘and cal- the House of Representative a report con- the National Security Act of 1947 (50 U.S.C. endar years 2010 through 2013’’ after ‘‘2006’’; taining the results of the assessment for cal- 3003); (B) by striking paragraphs (2) and (3); endar years 2010 and 2011. ‘‘(2) the term ‘national security letter’ (C) by redesignating paragraphs (4) and (5) ‘‘(B) CALENDAR YEARS 2012 AND 2013.—Not means a request for information under— as paragraphs (2) and (3), respectively; and later than January 1, 2015, the Inspector ‘‘(A) section 2709(a) of title 18, United (D) in paragraph (3), as so redesignated— General of each element of the intelligence States Code (to access certain communica- (i) by striking subparagraph (C) and insert- community that conducts an assessment tion service provider records); ing the following: under this subsection shall submit to the ‘‘(B) section 1114(a)(5)(A) of the Right to ‘‘(C) with respect to calendar years 2010 Committee on the Judiciary and the Select Financial Privacy Act of 1978 (12 U.S.C. through 2013, an examination of the mini- Committee on Intelligence of the Senate and 3414(a)(5)(A)) (to obtain financial institution mization procedures used in relation to or- the Committee on the Judiciary and the Per- customer records); ders under section 501 of the Foreign Intel- manent Select Committee on Intelligence of ‘‘(C) section 802 of the National Security ligence Surveillance Act of 1978 (50 U.S.C. the House of Representatives a report con- Act of 1947 (50 U.S.C. 3162) (to obtain finan- 1861) and whether the minimization proce- taining the results of the assessment for cal- cial information, records, and consumer re- dures adequately protect the constitutional endar years 2012 and 2013.’’; ports); rights of United States persons.’’; and (5) in subsection (e), as redesignated by ‘‘(D) section 626 of the Fair Credit Report- (ii) in subparagraph (D), by striking ‘‘(as paragraph (3)— ing Act (15 U.S.C. 1681u) (to obtain certain fi- such term is defined in section 3(4) of the Na- (A) in paragraph (1)— nancial information and consumer reports); tional Security Act of 1947 (50 U.S.C. (i) by striking ‘‘a report under subsection or 401a(4)))’’; (c)(1) or (c)(2)’’ and inserting ‘‘any report ‘‘(E) section 627 of the Fair Credit Report- (2) in subsection (c), by adding at the end under subsection (c) or (d)’’; and ing Act (15 U.S.C. 1681v) (to obtain credit the following: (ii) by inserting ‘‘and any Inspector Gen- agency consumer records for counterter- ‘‘(3) CALENDAR YEARS 2010 AND 2011.—Not eral of an element of the intelligence com- rorism investigations); and later than January 1, 2014, the Inspector munity that submits a report under this sec- ‘‘(3) the term ‘United States person’ has General of the Department of Justice shall tion’’ after ‘‘Justice’’; and the meaning given that term in section 101 of submit to the Committee on the Judiciary (B) in paragraph (2), by striking ‘‘the re- the Foreign Intelligence Surveillance Act of and the Select Committee on Intelligence of ports submitted under subsection (c)(1) and 1978 (50 U.S.C. 1801).’’; the Senate and the Committee on the Judici- (c)(2)’’ and inserting ‘‘any report submitted (4) by redesignating subsections (d), (e), ary and the Permanent Select Committee on under subsection (c) or (d)’’; and (f) as subsections (e), (f), and (g), respec- Intelligence of the House of Representatives (6) in subsection (f), as redesignated by tively; a report containing the results of the audit paragraph (3)— (5) by inserting after subsection (c) the fol- conducted under subsection (a) for calendar (A) by striking ‘‘The reports submitted lowing: years 2010 and 2011. under subsections (c)(1) and (c)(2)’’ and in- ‘‘(d) INTELLIGENCE ASSESSMENT.— ‘‘(4) CALENDAR YEARS 2012 AND 2013.—Not serting ‘‘Each report submitted under sub- ‘‘(1) IN GENERAL.—For the period beginning later than January 1, 2015, the Inspector section (c)’’; and on January 1, 2010 and ending on December General of the Department of Justice shall (B) by striking ‘‘subsection (d)(2)’’ and in- 31, 2013, the Inspector General of each ele- submit to the Committee on the Judiciary serting ‘‘subsection (e)(2)’’; and ment of the intelligence community outside and the Select Committee on Intelligence of (7) by adding at the end the following: of the Department of Justice that issued na- the Senate and the Committee on the Judici- ‘‘(g) DEFINITIONS.—In this section— tional security letters in the intelligence ac- ary and the Permanent Select Committee on ‘‘(1) the term ‘intelligence community’ has tivities of the element of the intelligence Intelligence of the House of Representatives the meaning given that term in section 3 of community shall— a report containing the results of the audit the National Security Act of 1947 (50 U.S.C. ‘‘(A) examine the use of national security conducted under subsection (a) for calendar 3003); and letters by the element of the intelligence years 2012 and 2013.’’; ‘‘(2) the term ‘United States person’ has community during the period; (3) by redesignating subsections (d) and (e) the meaning given that term in section 101 of ‘‘(B) describe any noteworthy facts or cir- as subsections (e) and (f), respectively; the Foreign Intelligence Surveillance Act of cumstances relating to the use of national (4) by inserting after subsection (c) the fol- 1978 (50 U.S.C. 1801).’’. security letters by the element of the intel- lowing: (b) NATIONAL SECURITY LETTERS.—Section ligence community, including any improper ‘‘(d) INTELLIGENCE ASSESSMENT.— 119 of the USA PATRIOT Improvement and or illegal use of such authority; ‘‘(1) IN GENERAL.—For the period beginning Reauthorization Act of 2005 (Public Law 109– ‘‘(C) assess the importance of information on January 1, 2010 and ending on December 177; 120 Stat. 219) is amended— received under the national security letters 31, 2013, the Inspector General of each ele- (1) in subsection (b)— to the intelligence activities of the element ment of the intelligence community outside (A) in paragraph (1), by inserting ‘‘and cal- of the intelligence community; and of the Department of Justice that used infor- endar years 2010 through 2013’’ after ‘‘2006’’; ‘‘(D) examine the manner in which information acquired under title V of the Foreign and mation received under the national security

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.015 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5026 CONGRESSIONAL RECORD — SENATE June 24, 2013 letters was collected, retained, analyzed, and tion, including any direct access to the infor- of each element of the intelligence commu- disseminated. mation provided to any other department, nity that conducts an assessment under this ‘‘(2) SUBMISSION DATES FOR ASSESSMENT.— agency, or instrumentality of Federal, State, paragraph shall submit to the Committee on ‘‘(A) CALENDAR YEARS 2010 AND 2011.—Not local, or tribal governments or any private the Judiciary and the Select Committee on later than January 1, 2014, the Inspector sector entity; Intelligence of the Senate and the Com- General of each element of the intelligence (iii) with respect to calendar years 2012 and mittee on the Judiciary and the Permanent community that conducts an assessment 2013, an examination of the minimization Select Committee on Intelligence of the under this subsection shall submit to the procedures of the Federal Bureau of Inves- House of Representative a report containing Committee on the Judiciary and the Select tigation used in relation to pen registers and the results of the assessment for calendar Committee on Intelligence of the Senate and trap and trace devices under title IV of the years 2010 and 2011. the Committee on the Judiciary and the Per- Foreign Intelligence Surveillance Act of 1978 (ii) CALENDAR YEARS 2012 AND 2013.—Not manent Select Committee on Intelligence of and whether the minimization procedures later than January 1, 2015, the Inspector the House of Representatives a report con- adequately protect the constitutional rights General of each element of the intelligence taining the results of the assessment for cal- of United States persons; community that conducts an assessment endar years 2010 and 2011. (iv) whether, and how often, the Federal under this paragraph shall submit to the ‘‘(B) CALENDAR YEARS 2012 AND 2013.—Not Bureau of Investigation used information ac- Committee on the Judiciary and the Select later than January 1, 2015, the Inspector quired under a pen register or trap and trace Committee on Intelligence of the Senate and General of any element of the intelligence device under title IV of the Foreign Intel- the Committee on the Judiciary and the Per- community that conducts an assessment ligence Surveillance Act of 1978 to produce manent Select Committee on Intelligence of under this subsection shall submit to the an analytical intelligence product for dis- the House of Representative a report con- Committee on the Judiciary and the Select tribution within the Federal Bureau of In- taining the results of the assessment for cal- Committee on Intelligence of the Senate and vestigation, to the intelligence community, endar years 2012 and 2013. the Committee on the Judiciary and the Per- or to another department, agency, or instru- (5) PRIOR NOTICE TO ATTORNEY GENERAL AND manent Select Committee on Intelligence of mentality of Federal, State, local, or tribal DIRECTOR OF NATIONAL INTELLIGENCE; COM- the House of Representatives a report con- governments; and MENTS.— taining the results of the assessment for cal- (v) whether, and how often, the Federal (A) NOTICE.—Not later than 30 days before endar years 2012 and 2013.’’; Bureau of Investigation provided informa- the submission of any report under para- (6) in subsection (e), as redesignated by tion acquired under a pen register or trap graph (3) or (4), the Inspector General of the paragraph (4)— and trace device under title IV of the For- Department of Justice and any Inspector (A) in paragraph (1)— eign Intelligence Surveillance Act of 1978 to General of an element of the intelligence (i) by striking ‘‘a report under subsection law enforcement authorities for use in crimi- community that submits a report under this (c)(1) or (c)(2)’’ and inserting ‘‘any report nal proceedings. subsection shall provide the report to the At- under subsection (c) or (d)’’; and (3) SUBMISSION DATES.— torney General and the Director of National (ii) by inserting ‘‘and any Inspector Gen- (A) CALENDAR YEARS 2010 AND 2011.—Not Intelligence. eral of an element of the intelligence com- later than January 1, 2014, the Inspector (B) COMMENTS.—The Attorney General or munity that submits a report under this sec- General of the Department of Justice shall the Director of National Intelligence may tion’’ after ‘‘Justice’’; and submit to the Committee on the Judiciary provide such comments to be included in any (B) in paragraph (2), by striking ‘‘the re- and the Select Committee on Intelligence of report submitted under paragraph (3) or (4) ports submitted under subsection (c)(1) or the Senate and the Committee on the Judici- as the Attorney General or the Director of (c)(2)’’ and inserting ‘‘any report submitted ary and the Permanent Select Committee on National Intelligence may consider nec- under subsection (c) or (d)’’; and Intelligence of the House of Representatives essary. (7) in subsection (f), as redesignated by a report containing the results of the audits (6) UNCLASSIFIED FORM.—Each report subparagraph (4)— conducted under paragraph (1) for calendar mitted under paragraph (3) and any com- (A) by striking ‘‘The reports submitted years 2010 and 2011. ments included in that report under para- under subsections (c)(1) or (c)(2)’’ and insert- (B) CALENDAR YEARS 2012 AND 2013.—Not graph (5)(B) shall be in unclassified form, but ing ‘‘Each report submitted under subsection later than January 1, 2015, the Inspector (c)’’; and General of the Department of Justice shall may include a classified annex. (d) DEFINITIONS.—In this section— (B) by striking ‘‘subsection (d)(2)’’ and in- submit to the Committee on the Judiciary (1) the terms ‘‘Attorney General’’, ‘‘foreign serting ‘‘subsection (e)(2)’’. and the Select Committee on Intelligence of intelligence information’’, and ‘‘United (c) PEN REGISTERS AND TRAP AND TRACE the Senate and the Committee on the Judici- States person’’ have the meanings given DEVICES.— ary and the Permanent Select Committee on (1) AUDITS.—The Inspector General of the Intelligence of the House of Representatives those terms in section 101 of the Foreign In- Department of Justice shall perform com- a report containing the results of the audits telligence Surveillance Act of 1978 (50 U.S.C. prehensive audits of the effectiveness and conducted under paragraph (1) for calendar 1801); use, including any improper or illegal use, of years 2012 and 2013. (2) the term ‘‘intelligence community’’ has pen registers and trap and trace devices (4) INTELLIGENCE ASSESSMENT.— the meaning given that term in section 3 of under title IV of the Foreign Intelligence (A) IN GENERAL.—For the period beginning the National Security Act of 1947 (50 U.S.C. Surveillance Act of 1978 (50 U.S.C. 1841 et January 1, 2010 and ending on December 31, 3003); seq.) during the period beginning on January 2013, the Inspector General of any element of (3) the term ‘‘minimization procedures’’ 1, 2010 and ending on December 31, 2013. the intelligence community outside of the has the meaning given that term in section (2) REQUIREMENTS.—The audits required Department of Justice that used information 401 of the Foreign Intelligence Surveillance under paragraph (1) shall include— acquired under a pen register or trap and Act of 1978 (50 U.S.C. 1841), as amended by (A) an examination of the use of pen reg- trace device under title IV of the Foreign In- this Act; and isters and trap and trace devices under title telligence Surveillance Act of 1978 in the in- (4) the terms ‘‘pen register’’ and ‘‘trap and IV of the Foreign Intelligence Surveillance telligence activities of the element of the in- trace device’’ have the meanings given those Act of 1978 for calendar years 2010 through telligence community shall— terms in section 3127 of title 18, United 2013; (i) assess the importance of the informa- States Code. (B) an examination of the installation and tion to the intelligence activities of the ele- SEC. 11. DELAYED NOTICE SEARCH WARRANTS. use of a pen register or trap and trace device ment of the intelligence community; Section 3103a(b)(3) of title 18, United States on emergency bases under section 403 of the (ii) examine the manner in which the infor- Code, is amended by striking ‘‘30 days’’ and Foreign Intelligence Surveillance Act of 1978 mation was collected, retained, analyzed, inserting ‘‘7 days’’. (50 U.S.C. 1843); and disseminated; SEC. 12. INSPECTOR GENERAL REVIEWS. (C) any noteworthy facts or circumstances (iii) describe any noteworthy facts or cir- (a) AGENCY ASSESSMENTS.—Section 702(l)(2) relating to the use of a pen register or trap cumstances relating to orders under title IV of the Foreign Intelligence Surveillance Act and trace device under title IV of the For- of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(2)) is amended— eign Intelligence Surveillance Act of 1978, in- of 1978 as the orders relate to the element of (1) in the matter preceding subparagraph cluding any improper or illegal use of the au- the intelligence community; and (A), by striking ‘‘authorized to acquire for- thority provided under that title; and (iv) examine any minimization procedures eign intelligence information under sub- (D) an examination of the effectiveness of used by the element of the intelligence com- section (a)’’ and inserting ‘‘with targeting or the authority under title IV of the Foreign munity in relation to pen registers and trap minimization procedures approved under Intelligence Surveillance Act of 1978 as an and trace devices under title IV of the For- this section’’; investigative tool, including— eign Intelligence Surveillance Act of 1978 (2) in subparagraph (C), by inserting (i) the importance of the information ac- and whether the minimization procedures ‘‘United States persons or’’ after ‘‘later de- quired to the intelligence activities of the adequately protect the constitutional rights termined to be’’; and Federal Bureau of Investigation; of United States persons. (3) in subparagraph (D)— (ii) the manner in which the information is (B) SUBMISSION DATES FOR ASSESSMENT.— (A) in the matter preceding clause (i), by collected, retained, analyzed, and dissemi- (i) CALENDAR YEARS 2010 AND 2011.—Not later striking ‘‘such review’’ and inserting ‘‘review nated by the Federal Bureau of Investiga- than January 1, 2014, the Inspector General conducted under this paragraph’’;

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.015 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5027 (B) in clause (ii), by striking ‘‘and’’ at the (i) by striking ‘‘conducting an acquisition and expertise to the restoration and 38th end; authorized under subsection (a)’’ and insert- voyage of the Morgan; and (C) by redesignating clause (iii) as clause ing ‘‘with targeting or minimization proce- Whereas the new mission of the Morgan (iv); and dures approved under this section’’; and will be devoted to history, education, (D) by inserting after clause (ii), the fol- (ii) by striking ‘‘the acquisition’’ and in- science, and ocean awareness: Now, there- lowing: serting ‘‘acquisitions under subsection (a)’’; fore, be it ‘‘(iii) the Inspector General of the Intel- and Resolved, That the Senate— ligence Community; and’’. (B) in the second sentence, by striking (1) commemorates the relaunching of the (b) INSPECTOR GENERAL OF THE INTEL- ‘‘The annual review’’ and inserting ‘‘As ap- whaleship Charles W. Morgan and commends LIGENCE COMMUNITY REVIEW.—Section 702(l) plicable, the annual review’’; and the staff, volunteers, and trustees of Mystic of the Foreign Intelligence Surveillance Act (2) in clause (iii), by inserting ‘‘United Seaport: The Museum of America and the of 1978 (50 U.S.C. 1881a(l)) is amended— States persons or’’ after ‘‘later determined Sea for their efforts to preserve and protect (1) by redesignating paragraph (3) as para- to be’’ the maritime heritage of the United States; graph (4); and SEC. 13. ELECTRONIC SURVEILLANCE. (2) supports the plan of Mystic Seaport: (2) by inserting after paragraph (2) the fol- The Museum of America and the Sea to rein- Section 105(c)(1)(A) of the Foreign Intel- lowing: terpret the Charles W. Morgan as a vessel of ligence Surveillance Act of 1978 (50 U.S.C. ‘‘(3) INSPECTOR GENERAL OF THE INTEL- scientific and educational exploration whose 1805(c)(1)(A)) is amended by inserting ‘‘with LIGENCE COMMUNITY REVIEW.— cargo is knowledge and whose mission is to particularity’’ after ‘‘description’’. ‘‘(A) IN GENERAL.—The Inspector General promote awareness of the maritime heritage of the Intelligence Community is authorized SEC. 14. SEVERABILITY. of the United States and the conservation of to review the acquisition, use, and dissemi- If any provision of this Act or an amend- the species the Morgan hunted; and nation of information acquired under sub- ment made by this Act, or the application of (3) recognizes the Charles W. Morgan as the section (a) in order to review compliance the provision to any person or circumstance, ‘‘Ambassador to the Whales’’, dedicated to with the targeting and minimization proce- is held to be unconstitutional, the remainder advancing public understanding of species dures adopted in accordance with sub- of this Act and the amendments made by conservation. this Act, and the application of the provi- sections (d) and (e) and the guidelines adopt- f ed in accordance with subsection (f), and in sions of this Act and the amendments made order to conduct the review required under by this Act to any other person or cir- SENATE RESOLUTION 184—RECOG- subparagraph (B). cumstance, shall not be affected thereby. NIZING REFUGEE WOMEN AND ‘‘(B) MANDATORY REVIEW.—The Inspector SEC. 15. OFFSET. GIRLS ON WORLD REFUGEE DAY General of the Intelligence Community shall Of the unobligated balances available in review the procedures and guidelines devel- the Department of Justice Assets Forfeiture Mrs. BOXER (for herself, Ms. LAN- oped by the intelligence community to im- Fund established under section 524(c)(1) of DRIEU, Ms. KLOBUCHAR, Mrs. GILLI- plement this section, with respect to the pro- title 28, United States Code, $5,000,000 are BRAND, Mr. CARDIN, Mrs. MURRAY, Mrs. tection of the privacy rights of United States permanently rescinded and shall be returned SHAHEEN, Ms. MIKULSKI, Ms. WARREN, persons, including— to the general fund of the Treasury. Ms. HIRONO, Mrs. FEINSTEIN, Ms. ‘‘(i) an evaluation of the limitations out- SEC. 16. EFFECTIVE DATE. HEITKAMP, and Ms. STABENOW) sub- lined in subsection (b), the procedures ap- The amendments made by sections 3, 4, 5, mitted the following resolution; which proved in accordance with subsections (d) 6, 7, and 11 shall take effect on the date that was considered and agreed to: and (e), and the guidelines adopted in accord- is 120 days after the date of enactment of S. RES. 184 ance with subsection (f), with respect to the this Act. protection of the privacy rights of United Whereas June 20 was established by the States persons; and f United Nations as World Refugee Day, a ‘‘(ii) an evaluation of the circumstances SUBMITTED RESOLUTIONS global day to honor the courage, strength, under which the contents of communications and determination of women, men, and chil- acquired under subsection (a) may be dren who are forced to flee their homes searched in order to review the communica- SENATE RESOLUTION 183—COM- under threat of conflict, violence, and persecution; tions of particular United States persons. MEMORATING THE RE- ‘‘(C) CONSIDERATION OF OTHER REVIEWS AND Whereas, according to the Office of the LAUNCHING OF THE 172-YEAR- ASSESSMENTS.—In conducting a review under United Nations High Commissioner for Refu- subparagraph (B), the Inspector General of OLD CHARLES W. MORGAN BY gees (in this preamble referred to as the the Intelligence Community should take MYSTIC SEAPORT: THE MUSEUM ‘‘UNHCR’’), there are more than 43,000,000 into consideration, to the extent relevant OF AMERICA AND THE SEA displaced people worldwide, including more than 15,000,000 refugees; and appropriate, any reviews or assessments Mr. BLUMENTHAL (for himself and that have been completed or are being under- Whereas, according to the UNHCR, women taken under this section. Mr. MURPHY) submitted the following and girls make up at least 50 percent of any ‘‘(D) REPORT.—Not later than December 31, resolution; which was referred to the refugee population; 2014, the Inspector General of the Intel- Committee on the Judiciary: Whereas refugee women and girls work ligence Community shall submit a report re- Whereas the Charles W. Morgan (referred to every day, often under the most difficult cir- garding the reviews conducted under this in this preamble as the ‘‘Morgan’’) was built cumstances, to care for their families, im- paragraph to— and launched from New Bedford, Massachu- prove their prospects and build a better fu- ‘‘(i) the Attorney General; setts, in 1841; ture; ‘‘(ii) the Director of National Intelligence; Whereas the Morgan is a National Historic Whereas refugee women and girls are often and Landmark vessel, the only remaining wood- at greater risk of sexual violence and exploi- ‘‘(iii) consistent with the Rules of the en whaleship in the world, and the oldest tation, forced or early marriage, human traf- House of Representatives, the Standing commercial vessel in the United States; ficking, and other forms of gender-based vio- Rules of the Senate, and Senate Resolution Whereas the Morgan and similar vessels lence; 400 of the 94th Congress or any successor were the economic backbone of New England Whereas refugee women and girls face bar- Senate resolution— for 200 years; riers in accessing education, healthcare, and ‘‘(I) the congressional intelligence commit- Whereas the Morgan has served as a living economic opportunities in countries of asy- tees; and artifact and a testament to the ingenuity, lum; ‘‘(II) the Committee on the Judiciary of risk, and entrepreneurship of the United Whereas, according to the UNHCR, more the Senate and the Committee on the Judici- States since the vessel retired from the than 1,600,000 refugees, 3⁄4 of which are ary of the House of Representatives. whaling industry in 1921; women and children, have fled the ongoing ‘‘(E) PUBLIC REPORTING OF FINDINGS AND Whereas the Morgan has completed a 5- violence in Syria; CONCLUSIONS.—In a manner consistent with year, multi-million dollar restoration at the Whereas, according to the UNHCR, an esti- the protection of the national security of the Preservation Shipyard of Mystic Seaport: mated 2,700,000 people in the Democratic Re- United States, and in unclassified form, the The Museum of America and the Sea and will public of the Congo have been displaced, and Inspector General of the Intelligence Com- be relaunched on July 21, 2013; an additional nearly 500,000 Congolese refu- munity shall make publicly available a sum- Whereas the Morgan will embark on a cere- gees have crossed the border into neigh- mary of the findings and conclusions of the monial 38th voyage in June 2014, serving as boring countries; review conducted under subparagraph (B).’’. ‘‘Ambassador’’ to the world’s whales and to Whereas refugee women and girls are fre- (c) ANNUAL REVIEWS.—Section 702(l)(4)(A) the world’s whaling heritage; quently victims of gender-based violence as of the Foreign Intelligence Surveillance Act Whereas the 38th voyage of the Morgan will their displaced status puts them at greater of 1978 (50 U.S.C. 1881a(l)(4)(A)), as redesig- rekindle the spirit of exploration and dis- risk, coupled with intense social and cultural nated by subsection (b)(1), is amended— covery of people throughout the world; stigmas that make actual statistics ex- (1) in the matter preceding clause (i)— Whereas individuals and organizations tremely difficult to compile because under- (A) in the first sentence— from 22 States have contributed materials reporting is endemic;

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.015 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5028 CONGRESSIONAL RECORD — SENATE June 24, 2013 Whereas refugee women and girls have a SENATE RESOLUTION 185—TO AU- amendment SA 1183 submitted by Mr. LEAHY right to safe and equitable access to humani- THORIZE REPRESENTATION BY (for himself and Mr. HATCH) to the bill S. 744, tarian assistance, including food and cooking THE SENATE LEGAL COUNSEL IN supra; which was ordered to lie on the table. fuel, shelter, education, health care, and eco- SA 1566. Mr. GRASSLEY submitted an THE CASE OF R. WAYNE PAT- amendment intended to be proposed to nomic opportunity; TERSON V. UNITED STATES SEN- Whereas the full and meaningful participa- amendment SA 1183 submitted by Mr. LEAHY ATE, ET AL. (for himself and Mr. HATCH) to the bill S. 744, tion of refugee women and girls in commu- Mr. REID (for himself and Mr. supra; which was ordered to lie on the table. nity decision-making is critical to the sta- SA 1567. Mr. GRASSLEY (for himself and MCCONNELL) submitted the following bility, security, and prosperity of entire Mr. WICKER) submitted an amendment in- communities; resolution; which was considered and tended to be proposed to amendment SA 1183 Whereas the full participation of refugee agreed to: submitted by Mr. LEAHY (for himself and Mr. women and girls in the design and implemen- S. RES. 185 HATCH) to the bill S. 744, supra; which was tation of assistance programs is vital to en- Whereas, the United States Senate, Vice ordered to lie on the table. suring that those programs are equitable, ef- President Joseph R. Biden, Jr., and Senate SA 1568. Mr. GRASSLEY submitted an ficient and successful; Parliamentarian Elizabeth C. MacDonough amendment intended to be proposed to Whereas the United States is a leader on have been named as defendants in the case of amendment SA 1183 submitted by Mr. LEAHY protection of and humanitarian assistance R. Wayne Patterson v. United States Senate, et (for himself and Mr. HATCH) to the bill S. 744, for refugees, including refugee women and al., No. 13–cv–2311, now pending in the United supra; which was ordered to lie on the table. SA 1569. Mr. GRASSLEY submitted an girls; States District Court for the Northern Dis- amendment intended to be proposed to Whereas the United States has recognized trict of California; amendment SA 1183 submitted by Mr. LEAHY the threat that gender-based violence can Whereas, pursuant to sections 703(a) and (for himself and Mr. HATCH) to the bill S. 744, pose to refugee women and girls by working 704(a)(1) of the Ethics in Government Act of supra; which was ordered to lie on the table. to strengthen efforts to protect them 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the SA 1570. Mr. GRASSLEY submitted an through the United States National Action Senate may direct its counsel to defend the amendment intended to be proposed to Senate and officers and employees of the Plan on Women, Peace, and Security; amendment SA 1183 submitted by Mr. LEAHY Senate in civil actions relating to their offi- Whereas the United States is a leading ad- (for himself and Mr. HATCH) to the bill S. 744, vocate for the meaningful participation of cial responsibilities: Now, therefore, be it supra; which was ordered to lie on the table. refugee women in humanitarian programs, Resolved, That the Senate Legal Counsel is SA 1571. Mr. GRASSLEY submitted an peace processes, governance, and recovery authorized to represent the United States amendment intended to be proposed to Senate, Vice President Joseph R. Biden, Jr., programs; amendment SA 1183 submitted by Mr. LEAHY and Senate Parliamentarian Elizabeth C. Whereas the United States provides crit- (for himself and Mr. HATCH) to the bill S. 744, MacDonough in the case of R. Wayne Patter- ical resources and support to the UNHCR and supra; which was ordered to lie on the table. son v. United States Senate, et al. other international and nongovernmental or- SA 1572. Mr. GRASSLEY submitted an ganizations working with refugees around f amendment intended to be proposed to amendment SA 1183 submitted by Mr. LEAHY the world; and AMENDMENTS SUBMITTED AND (for himself and Mr. HATCH) to the bill S. 744, Whereas the United States has welcomed PROPOSED supra; which was ordered to lie on the table. more than 3,000,000 refugees during the last SA 1573. Mr. GRASSLEY submitted an 30 years, who are resettled in communities SA 1557. Mr. BLUMENTHAL (for himself, Mrs. MURRAY, Mr. KING, and Mr. HARKIN) amendment intended to be proposed to across the country: Now, therefore, be it submitted an amendment intended to be pro- amendment SA 1183 submitted by Mr. LEAHY Resolved, That the Senate— posed to amendment SA 1183 submitted by (for himself and Mr. HATCH) to the bill S. 744, (1) supports the goals and ideals of World Mr. LEAHY (for himself and Mr. HATCH) to supra; which was ordered to lie on the table. Refugee Day; the bill S. 744, to provide for comprehensive SA 1574. Mr. GRASSLEY submitted an (2) reaffirms its commitment to the protec- immigration reform and for other purposes; amendment intended to be proposed to amendment SA 1183 submitted by Mr. LEAHY tion, well-being, and self-reliance of refugee which was ordered to lie on the table. (for himself and Mr. HATCH) to the bill S. 744, women and girls and their families in United SA 1558. Mr. CARPER (for himself, Mr. supra; which was ordered to lie on the table. MCCAIN, and Mr. UDALL of Colorado) sub- States humanitarian policy, programs, and SA 1575. Mr. GRASSLEY submitted an mitted an amendment intended to be pro- diplomacy and recognizes the work of the amendment intended to be proposed to posed to amendment SA 1183 submitted by United States Department of State and the amendment SA 1183 submitted by Mr. LEAHY Mr. LEAHY (for himself and Mr. HATCH) to United States Agency for International De- (for himself and Mr. HATCH) to the bill S. 744, the bill S. 744, supra; which was ordered to velopment to this end; supra; which was ordered to lie on the table. (3) emphasizes the importance of ensuring lie on the table. SA 1576. Mr. GRASSLEY submitted an SA 1559. Mr. HEINRICH (for himself, Mr. that humanitarian assistance programs sup- amendment intended to be proposed to UDALL of New Mexico, and Mrs. GILLIBRAND) ported by the United States provide safe and amendment SA 1183 submitted by Mr. LEAHY submitted an amendment intended to be pro- (for himself and Mr. HATCH) to the bill S. 744, equitable access for women and girls and are posed to amendment SA 1183 submitted by designed and implemented with their full supra; which was ordered to lie on the table. Mr. LEAHY (for himself and Mr. HATCH) to SA 1577. Mr. VITTER submitted an amend- participation; the bill S. 744, supra; which was ordered to (4) reiterates the importance of targeted ment intended to be proposed to amendment lie on the table. SA 1183 submitted by Mr. LEAHY (for himself programs for refugee women and girls that SA 1560. Mr. INHOFE submitted an amend- and Mr. HATCH) to the bill S. 744, supra; prevent and respond to gender-based vio- ment intended to be proposed to amendment which was ordered to lie on the table. lence, support self-reliance, and promote and SA 1183 submitted by Mr. LEAHY (for himself SA 1578. Mr. VITTER submitted an amend- develop their participation and leadership and Mr. HATCH) to the bill S. 744, supra; ment intended to be proposed to amendment skills; which was ordered to lie on the table. SA 1183 submitted by Mr. LEAHY (for himself (5) recognizes the work of the Bureau of SA 1561. Mr. COATS submitted an amend- and Mr. HATCH) to the bill S. 744, supra; Population, Refugees, and Migration of the ment intended to be proposed to amendment which was ordered to lie on the table. Department of State, the Office of Refugee SA 1183 submitted by Mr. LEAHY (for himself SA 1579. Mr. CRUZ submitted an amend- Resettlement of the Department of Health and Mr. HATCH) to the bill S. 744, supra; ment intended to be proposed to amendment and Human Services, the U.S. Citizenship which was ordered to lie on the table. SA 1183 submitted by Mr. LEAHY (for himself and Immigration Services of the Department SA 1562. Mr. COATS submitted an amend- and Mr. HATCH) to the bill S. 744, supra; of Homeland Security, nongovernmental or- ment intended to be proposed to amendment which was ordered to lie on the table. SA 1183 submitted by Mr. LEAHY (for himself ganizations, advocacy groups, and commu- SA 1580. Mr. CRUZ submitted an amend- and Mr. HATCH) to the bill S. 744, supra; nities across the United States in welcoming ment intended to be proposed to amendment which was ordered to lie on the table. SA 1183 submitted by Mr. LEAHY (for himself and resettling refugees in the United States; SA 1563. Mr. COATS submitted an amend- and Mr. HATCH) to the bill S. 744, supra; (6) celebrates the invaluable contributions ment intended to be proposed to amendment which was ordered to lie on the table. that refugee women and girls make to their SA 1183 submitted by Mr. LEAHY (for himself SA 1581. Mr. CRUZ submitted an amend- families and communities; and and Mr. HATCH) to the bill S. 744, supra; ment intended to be proposed to amendment (7) encourages the people of the United which was ordered to lie on the table. SA 1183 submitted by Mr. LEAHY (for himself States to observe World Refugee Day with SA 1564. Mr. GRASSLEY submitted an and Mr. HATCH) to the bill S. 744, supra; appropriate programs and activities. amendment intended to be proposed to which was ordered to lie on the table. amendment SA 1183 submitted by Mr. LEAHY SA 1582. Mr. CRUZ submitted an amend- (for himself and Mr. HATCH) to the bill S. 744, ment intended to be proposed to amendment supra; which was ordered to lie on the table. SA 1183 submitted by Mr. LEAHY (for himself SA 1565. Mr. GRASSLEY submitted an and Mr. HATCH) to the bill S. 744, supra; amendment intended to be proposed to which was ordered to lie on the table.

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SA 1583. Mr. CRUZ submitted an amend- (for himself and Mr. HATCH) to the bill S. 744, Mr. BLUNT, and Mr. CORNYN) submitted an ment intended to be proposed to amendment supra; which was ordered to lie on the table. amendment intended to be proposed to SA 1183 submitted by Mr. LEAHY (for himself SA 1600. Mr. RISCH submitted an amend- amendment SA 1183 submitted by Mr. LEAHY and Mr. HATCH) to the bill S. 744, supra; ment intended to be proposed by him to the (for himself and Mr. HATCH) to the bill S. 744, which was ordered to lie on the table. bill S. 744, supra; which was ordered to lie on supra; which was ordered to lie on the table. SA 1584. Mr. CRUZ submitted an amend- the table. SA 1618. Mr. NELSON submitted an amendment intended to be proposed to amendment SA 1601. Mr. RISCH (for himself and Mr. ment intended to be proposed to amendment SA 1183 submitted by Mr. LEAHY (for himself COBURN) submitted an amendment intended SA 1183 submitted by Mr. LEAHY (for himself and Mr. HATCH) to the bill S. 744, supra; to be proposed by him to the bill S. 744, and Mr. HATCH) to the bill S. 744, supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. which was ordered to lie on the table. SA 1585. Mr. CRUZ submitted an amend- SA 1602. Mrs. MURRAY submitted an SA 1619. Mr. CORNYN submitted an ment intended to be proposed to amendment amendment intended to be proposed to amendment intended to be proposed to SA 1183 submitted by Mr. LEAHY (for himself amendment SA 1183 submitted by Mr. LEAHY amendment SA 1183 submitted by Mr. LEAHY and Mr. HATCH) to the bill S. 744, supra; (for himself and Mr. HATCH) to the bill S. 744, (for himself and Mr. HATCH) to the bill S. 744, which was ordered to lie on the table. supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. SA 1586. Mr. CRUZ submitted an amend- SA 1603. Mrs. MURRAY (for herself and Mr. SA 1620. Mr. CORNYN submitted an ment intended to be proposed to amendment CRAPO) submitted an amendment intended to amendment intended to be proposed to SA 1183 submitted by Mr. LEAHY (for himself be proposed to amendment SA 1183 sub- amendment SA 1183 submitted by Mr. LEAHY and Mr. HATCH) to the bill S. 744, supra; mitted by Mr. LEAHY (for himself and Mr. (for himself and Mr. HATCH) to the bill S. 744, which was ordered to lie on the table. HATCH) to the bill S. 744, supra; which was supra; which was ordered to lie on the table. SA 1587. Mr. CRUZ submitted an amend- ordered to lie on the table. SA 1621. Mr. CORNYN submitted an ment intended to be proposed by him to the SA 1604. Mr. WICKER submitted an amend- amendment intended to be proposed to bill S. 744, supra; which was ordered to lie on ment intended to be proposed to amendment amendment SA 1183 submitted by Mr. LEAHY the table. SA 1183 submitted by Mr. LEAHY (for himself (for himself and Mr. HATCH) to the bill S. 744, SA 1588. Mr. CARPER submitted an amend- and Mr. HATCH) to the bill S. 744, supra; supra; which was ordered to lie on the table. ment intended to be proposed to amendment which was ordered to lie on the table. SA 1622. Mr. CORNYN submitted an amendment intended to be proposed to SA 1183 submitted by Mr. LEAHY (for himself SA 1605. Mr. WICKER submitted an amend- amendment SA 1183 submitted by Mr. LEAHY and Mr. HATCH) to the bill S. 744, supra; ment intended to be proposed to amendment which was ordered to lie on the table. SA 1183 submitted by Mr. LEAHY (for himself (for himself and Mr. HATCH) to the bill S. 744, SA 1589. Mr. CARPER submitted an amend- and Mr. HATCH) to the bill S. 744, supra; supra; which was ordered to lie on the table. SA 1623. Mr. CORNYN submitted an ment intended to be proposed to amendment which was ordered to lie on the table. SA 1606. Mr. WICKER submitted an amend- amendment intended to be proposed to SA 1183 submitted by Mr. LEAHY (for himself ment intended to be proposed to amendment amendment SA 1183 submitted by Mr. LEAHY and Mr. HATCH) to the bill S. 744, supra; (for himself and Mr. HATCH) to the bill S. 744, which was ordered to lie on the table. SA 1183 submitted by Mr. LEAHY (for himself SA 1590. Mr. CARPER submitted an amend- and Mr. HATCH) to the bill S. 744, supra; supra; which was ordered to lie on the table. SA 1624. Mr. CORNYN submitted an ment intended to be proposed to amendment which was ordered to lie on the table. SA 1607. Mr. SESSIONS submitted an amendment intended to be proposed to SA 1183 submitted by Mr. LEAHY (for himself amendment intended to be proposed to amendment SA 1183 submitted by Mr. LEAHY and Mr. HATCH) to the bill S. 744, supra; amendment SA 1183 submitted by Mr. LEAHY (for himself and Mr. HATCH) to the bill S. 744, which was ordered to lie on the table. supra; which was ordered to lie on the table. SA 1591. Mr. CARPER submitted an amend- (for himself and Mr. HATCH) to the bill S. 744, SA 1625. Ms. LANDRIEU (for herself, Mr. ment intended to be proposed to amendment supra; which was ordered to lie on the table. SA 1608. Mr. REED submitted an amend- COATS, Mrs. SHAHEEN, and Mr. FRANKEN) sub- SA 1183 submitted by Mr. LEAHY (for himself ment intended to be proposed to amendment mitted an amendment intended to be pro- and Mr. HATCH) to the bill S. 744, supra; SA 1183 submitted by Mr. LEAHY (for himself posed to amendment SA 1183 submitted by which was ordered to lie on the table. and Mr. HATCH) to the bill S. 744, supra; Mr. LEAHY (for himself and Mr. HATCH) to SA 1592. Mrs. BOXER (for herself, Ms. LAN- which was ordered to lie on the table. the bill S. 744, supra; which was ordered to DRIEU, and Mrs. MURRAY) submitted an SA 1609. Mr. REED submitted an amend- lie on the table. amendment intended to be proposed to ment intended to be proposed to amendment SA 1626. Ms. LANDRIEU (for herself, Mr. amendment SA 1183 submitted by Mr. LEAHY SA 1183 submitted by Mr. LEAHY (for himself CARPER, and Mr. BEGICH) submitted an (for himself and Mr. HATCH) to the bill S. 744, and Mr. HATCH) to the bill S. 744, supra; amendment intended to be proposed to supra; which was ordered to lie on the table. which was ordered to lie on the table. amendment SA 1183 submitted by Mr. LEAHY SA 1593. Ms. HEITKAMP (for herself, Mr. SA 1610. Mr. REED submitted an amend- (for himself and Mr. HATCH) to the bill S. 744, LEVIN, Mr. TESTER, and Mr. BAUCUS) sub- ment intended to be proposed to amendment supra; which was ordered to lie on the table. mitted an amendment intended to be pro- SA 1183 submitted by Mr. LEAHY (for himself SA 1627. Ms. LANDRIEU (for herself and posed to amendment SA 1183 submitted by and Mr. HATCH) to the bill S. 744, supra; Mr. COCHRAN) submitted an amendment in- Mr. LEAHY (for himself and Mr. HATCH) to which was ordered to lie on the table. tended to be proposed to amendment SA 1183 the bill S. 744, supra; which was ordered to SA 1611. Mr. COBURN submitted an amend- submitted by Mr. LEAHY (for himself and Mr. lie on the table. ment intended to be proposed to amendment HATCH) to the bill S. 744, supra; which was SA 1594. Mrs. FISCHER submitted an SA 1183 submitted by Mr. LEAHY (for himself ordered to lie on the table. amendment intended to be proposed to and Mr. HATCH) to the bill S. 744, supra; SA 1628. Ms. LANDRIEU submitted an amendment SA 1183 submitted by Mr. LEAHY which was ordered to lie on the table. amendment intended to be proposed to (for himself and Mr. HATCH) to the bill S. 744, SA 1612. Mr. COBURN submitted an amend- amendment SA 1183 submitted by Mr. LEAHY supra; which was ordered to lie on the table. ment intended to be proposed to amendment (for himself and Mr. HATCH) to the bill S. 744, SA 1595. Mr. UDALL of New Mexico (for SA 1183 submitted by Mr. LEAHY (for himself supra; which was ordered to lie on the table. himself and Mr. HEINRICH) submitted an and Mr. HATCH) to the bill S. 744, supra; SA 1629. Ms. LANDRIEU (for herself and amendment intended to be proposed to which was ordered to lie on the table. Mr. KIRK) submitted an amendment intended amendment SA 1183 submitted by Mr. LEAHY SA 1613. Mr. COBURN submitted an amend- to be proposed to amendment SA 1183 sub- (for himself and Mr. HATCH) to the bill S. 744, ment intended to be proposed to amendment mitted by Mr. LEAHY (for himself and Mr. supra; which was ordered to lie on the table. SA 1183 submitted by Mr. LEAHY (for himself HATCH) to the bill S. 744, supra; which was SA 1596. Mr. UDALL of New Mexico (for and Mr. HATCH) to the bill S. 744, supra; ordered to lie on the table. himself and Mr. HEINRICH) submitted an which was ordered to lie on the table. SA 1630. Ms. LANDRIEU (for herself, Ms. amendment intended to be proposed to SA 1614. Mr. COBURN submitted an amend- HIRONO, and Mr. FRANKEN) submitted an amendment SA 1183 submitted by Mr. LEAHY ment intended to be proposed to amendment amendment intended to be proposed to (for himself and Mr. HATCH) to the bill S. 744, SA 1183 submitted by Mr. LEAHY (for himself amendment SA 1183 submitted by Mr. LEAHY supra; which was ordered to lie on the table. and Mr. HATCH) to the bill S. 744, supra; (for himself and Mr. HATCH) to the bill S. 744, SA 1597. Mr. REID (for Mr. BROWN) sub- which was ordered to lie on the table. supra; which was ordered to lie on the table. mitted an amendment intended to be pro- SA 1615. Mr. COBURN (for himself and Mr. SA 1631. Ms. LANDRIEU submitted an posed to amendment SA 1183 submitted by JOHNSON of Wisconsin) submitted an amend- amendment intended to be proposed to Mr. LEAHY (for himself and Mr. HATCH) to ment intended to be proposed to amendment amendment SA 1183 submitted by Mr. LEAHY the bill S. 744, supra; which was ordered to SA 1183 submitted by Mr. LEAHY (for himself (for himself and Mr. HATCH) to the bill S. 744, lie on the table. and Mr. HATCH) to the bill S. 744, supra; supra; which was ordered to lie on the table. SA 1598. Mr. THUNE submitted an amend- which was ordered to lie on the table. SA 1632. Ms. LANDRIEU (for herself and ment intended to be proposed to amendment SA 1616. Mr. COBURN submitted an amend- Mr. MORAN) submitted an amendment in- SA 1183 submitted by Mr. LEAHY (for himself ment intended to be proposed to amendment tended to be proposed to amendment SA 1183 and Mr. HATCH) to the bill S. 744, supra; SA 1183 submitted by Mr. LEAHY (for himself submitted by Mr. LEAHY (for himself and Mr. which was ordered to lie on the table. and Mr. HATCH) to the bill S. 744, supra; HATCH) to the bill S. 744, supra; which was SA 1599. Mr. TOOMEY submitted an which was ordered to lie on the table. ordered to lie on the table. amendment intended to be proposed to SA 1617. Mrs. FEINSTEIN (for herself, Mr. SA 1633. Ms. LANDRIEU submitted an amendment SA 1183 submitted by Mr. LEAHY KIRK, Mr. COONS, Mr. UDALL of New Mexico, amendment intended to be proposed to

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amendment SA 1183 submitted by Mr. LEAHY amendment SA 1183 submitted by Mr. LEAHY employee in the terms and conditions of em- (for himself and Mr. HATCH) to the bill S. 744, (for himself and Mr. HATCH) to the bill S. 744, ployment because such employee— supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. ‘‘(i) has filed or is about to file a com- SA 1634. Mr. PORTMAN (for himself and SA 1651. Mr. CHAMBLISS submitted an plaint, instituted or caused to be instituted Mr. TESTER) submitted an amendment in- amendment intended to be proposed to any proceeding, testified, assisted, or will tended to be proposed to amendment SA 1183 amendment SA 1183 submitted by Mr. LEAHY testify, or cooperated or seeks to cooperate, submitted by Mr. LEAHY (for himself and Mr. (for himself and Mr. HATCH) to the bill S. 744, in an investigation or other proceeding con- HATCH) to the bill S. 744, supra; which was supra; which was ordered to lie on the table. cerning compliance with the requirements ordered to lie on the table. SA 1652. Mr. CHAMBLISS submitted an under this title or any rule or regulation per- SA 1635. Mr. WYDEN (for himself and Mrs. amendment intended to be proposed to taining to this title or any covered claim; BOXER) submitted an amendment intended to amendment SA 1183 submitted by Mr. LEAHY ‘‘(ii) has disclosed or is about to disclose be proposed to amendment SA 1183 sub- (for himself and Mr. HATCH) to the bill S. 744, information to the person or to any other mitted by Mr. LEAHY (for himself and Mr. supra; which was ordered to lie on the table. person or entity, that the employee reason- HATCH) to the bill S. 744, supra; which was SA 1653. Mr. CHAMBLISS submitted an ably believes evidences a violation of this ordered to lie on the table. amendment intended to be proposed to title or any rule or regulation pertaining to SA 1636. Mr. BLUMENTHAL (for himself amendment SA 1183 submitted by Mr. LEAHY this title, or grounds for any covered claim; and Ms. MURKOWSKI) submitted an amend- (for himself and Mr. HATCH) to the bill S. 744, ‘‘(iii) has assisted or participated, or is ment intended to be proposed to amendment supra; which was ordered to lie on the table. about to assist or participate, in any manner SA 1183 submitted by Mr. LEAHY (for himself SA 1654. Mr. CHAMBLISS submitted an in a proceeding or in any other action to and Mr. HATCH) to the bill S. 744, supra; amendment intended to be proposed to carry out the purposes of this title or any which was ordered to lie on the table. amendment SA 1183 submitted by Mr. LEAHY covered claim; SA 1637. Mr. WICKER submitted an amend- (for himself and Mr. HATCH) to the bill S. 744, ‘‘(iv) furnished, or is about to furnish, in- ment intended to be proposed to amendment supra; which was ordered to lie on the table. formation to the Department of Labor, the SA 1183 submitted by Mr. LEAHY (for himself SA 1655. Mr. CHAMBLISS submitted an Department of Homeland Security, the De- and Mr. HATCH) to the bill S. 744, supra; amendment intended to be proposed to partment of Justice, or any Federal, State, which was ordered to lie on the table. amendment SA 1183 submitted by Mr. LEAHY or local regulatory or law enforcement agen- SA 1638. Mr. WICKER submitted an amend- (for himself and Mr. HATCH) to the bill S. 744, cy relating to a violation of this title or any ment intended to be proposed to amendment supra; which was ordered to lie on the table. covered claim; or SA 1183 submitted by Mr. LEAHY (for himself SA 1656. Mr. CHAMBLISS submitted an ‘‘(v) objected to, or refused to participate and Mr. HATCH) to the bill S. 744, supra; amendment intended to be proposed to in, any activity, policy, practice, or assigned which was ordered to lie on the table. amendment SA 1183 submitted by Mr. LEAHY task that the employee (or other such per- SA 1639. Mr. WICKER submitted an amend- (for himself and Mr. HATCH) to the bill S. 744, son) reasonably believed to be in violation of ment intended to be proposed to amendment supra; which was ordered to lie on the table. any provision of this Act or any other Act, SA 1183 submitted by Mr. LEAHY (for himself SA 1657. Mrs. FEINSTEIN (for herself, Mr. or any order, rule, regulation, standard, or and Mr. HATCH) to the bill S. 744, supra; KIRK, Mr. COONS, Mr. UDALL of New Mexico, ban under any Act. which was ordered to lie on the table. Mr. CORNYN, and Mr. BLUNT) submitted an ‘‘(B) ENFORCEMENT.— SA 1640. Mr. WYDEN submitted an amend- amendment intended to be proposed to ment intended to be proposed to amendment ‘‘(i) IN GENERAL.—An employee who be- amendment SA 1183 submitted by Mr. LEAHY lieves that he or she has suffered a violation SA 1183 submitted by Mr. LEAHY (for himself (for himself and Mr. HATCH) to the bill S. 744, of subparagraph (A) may seek relief in ac- and Mr. HATCH) to the bill S. 744, supra; supra; which was ordered to lie on the table. which was ordered to lie on the table. cordance with the procedures, notifications, SA 1658. Mrs. MURRAY submitted an burdens of proof, remedies, and statutes of SA 1641. Mr. WYDEN submitted an amend- amendment intended to be proposed to ment intended to be proposed to amendment limitation set forth in section 1514A of title amendment SA 1183 submitted by Mr. LEAHY SA 1183 submitted by Mr. LEAHY (for himself 18, United States Code. (for himself and Mr. HATCH) to the bill S. 744, and Mr. HATCH) to the bill S. 744, supra; ‘‘(ii) STAY OF REMOVAL.—The Attorney supra; which was ordered to lie on the table. General and the Secretary of Homeland Se- which was ordered to lie on the table. SA 1659. Mr. KAINE submitted an amend- SA 1642. Mr. HOEVEN submitted an curity, after consulting with the Secretary ment intended to be proposed to amendment amendment intended to be proposed to of Labor and the Secretary of Labor has de- SA 1183 submitted by Mr. LEAHY (for himself amendment SA 1183 submitted by Mr. LEAHY termined that a claim filed under this sec- and Mr. HATCH) to the bill S. 744, supra; (for himself and Mr. HATCH) to the bill S. 744, tion for a violation of subparagraph (A) is which was ordered to lie on the table. supra; which was ordered to lie on the table. not frivolous and demonstrates a prima facie SA 1660. Mr. KAINE submitted an amend- SA 1643. Mr. COBURN submitted an amend- case that a violation has occurred, may stay ment intended to be proposed by him to the ment intended to be proposed to amendment the removal of the nonimmigrant from the bill S. 744, supra; which was ordered to lie on SA 1183 submitted by Mr. LEAHY (for himself United States for time sufficient to partici- the table. and Mr. HATCH) to the bill S. 744, supra; pate in an action taken pursuant to this sec- SA 1661. Mr. KAINE submitted an amend- which was ordered to lie on the table. tion. Upon the final disposition of the claim ment intended to be proposed by him to the SA 1644. Mr. COBURN submitted an amend- filed under this section, either by the Sec- bill S. 744, supra; which was ordered to lie on ment intended to be proposed to amendment retary of Labor or by a Federal court, the the table. SA 1183 submitted by Mr. LEAHY (for himself Secretary of Homeland Security shall adjust SA 1662. Mr. KAINE submitted an amend- and Mr. HATCH) to the bill S. 744, supra; the employee’s status consistent with such ment intended to be proposed by him to the which was ordered to lie on the table. disposition. A determination to deny a stay SA 1645. Mr. COBURN submitted an amend- bill S. 744, supra; which was ordered to lie on of removal under this clause shall not de- ment intended to be proposed to amendment the table. prive an individual of the right to pursue any SA 1183 submitted by Mr. LEAHY (for himself f other avenue for relief from removal pro- and Mr. HATCH) to the bill S. 744, supra; ceedings. which was ordered to lie on the table. TEXT OF AMENDMENTS ‘‘(iii) APPEAL.— SA 1646. Mr. CHAMBLISS submitted an SA 1557. Mr. BLUMENTHAL (for ‘‘(I) JURISDICTION.—Any person adversely affected or aggrieved by a final order issued amendment intended to be proposed to himself, Mrs. MURRAY, Mr. KING, and amendment SA 1183 submitted by Mr. LEAHY under clause (i) may obtain review of the Mr. HARKIN) submitted an amendment (for himself and Mr. HATCH) to the bill S. 744, order in the United States Court of Appeals supra; which was ordered to lie on the table. intended to be proposed to amendment for— SA 1647. Mr. CHAMBLISS submitted an SA 1183 submitted by Mr. LEAHY (for ‘‘(aa) the circuit in which the violation, amendment intended to be proposed to himself and Mr. HATCH) to the bill S. with respect to which the order was issued, amendment SA 1183 submitted by Mr. LEAHY 744, to provide for comprehensive im- allegedly occurred; or (for himself and Mr. HATCH) to the bill S. 744, migration reform and for other pur- ‘‘(bb) the circuit in which the complainant supra; which was ordered to lie on the table. poses; which was ordered to lie on the resided on the date of such violation. SA 1648. Mr. CHAMBLISS submitted an table; as follows: ‘‘(II) FILING DEADLINE.—A petition for re- amendment intended to be proposed to view under this subparagraph shall be filed amendment SA 1183 submitted by Mr. LEAHY At the appropriate place in the amend- not later than 60 days after the date on (for himself and Mr. HATCH) to the bill S. 744, ment, insert the following: which the final order was issued by the Sec- supra; which was ordered to lie on the table. SEC. lll. WHISTLEBLOWER PROTECTIONS. retary of Labor. SA 1649. Mr. CHAMBLISS submitted an (a) IN GENERAL.—Section 214(c) (8 U.S.C. ‘‘(III) APPLICABLE LAW.—A review under amendment intended to be proposed to 1184(c)) is amended by adding at the end the this subparagraph shall conform to the pro- amendment SA 1183 submitted by Mr. LEAHY following: visions set forth in chapter 7 of title 5, (for himself and Mr. HATCH) to the bill S. 744, ‘‘(15) WHISTLEBLOWER PROTECTIONS.— United States Code. supra; which was ordered to lie on the table. ‘‘(A) PROHIBITIONS.—A person may not dis- ‘‘(IV) STAY OF ORDER.—Unless ordered by SA 1650. Mr. CHAMBLISS submitted an charge, demote, suspend, threaten, harass, or the court, the commencement of proceedings amendment intended to be proposed to in any other manner discriminate against an under this subparagraph shall not operate as

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Commissioner of U.S. Customs and Border institution covered by this Act shall— (b) ENHANCEMENTS.—In order to achieve Protection shall— ‘‘(i) prominently communicate to all sec- surveillance between ports of entry along the (A) conduct an assessment of the tech- tors and ranks of its labor force the rights Southwest border for 24 hours per day and 7 nology needs at ports of entry; and and responsibilities under this Act; and days per week, and using the analysis con- (B) prioritize such technology needs ‘‘(ii) provide associated education and ducted under subsection (a), the Commis- based on the results of the assessment con- training to all sectors and ranks of its labor sioner of U.S. Customs and Border Protec- ducted pursuant to subparagraph (A). force through notifications, postings, mail- tion shall— (2) REQUIREMENTS.—In carrying out sub- ings, and training classes, supplemented (1) deploy additional mobile, video, and section (a), the Commissioner of U.S. Cus- with publicly accessible online materials on man-portable surveillance systems; toms and Border Protection shall— the requirements of, and developments that (2) ensure, to the extent practicable, that (A) consult with officers and agents in would affect the implementation of this Act. all aerial assets, including assets owned be- the field; and ‘‘(D) NO LIMITATION ON RIGHTS.—Nothing in fore the date of enactment of this Act, are (B) consider a variety of fixed and mobile this paragraph may be construed to diminish outfitted with advanced sensors that can be technologies, including— the rights, privileges, or remedies of any per- used to detect cross-border activity, includ- (i) hand-held biometric and document son under any Federal or State law, equity, ing infrared cameras, radars, or other tech- readers; or under any collective bargaining agree- nologies as appropriate; (ii) fixed and mobile license plate read- ment. The rights and remedies set forth in (3) deploy tethered aerostat systems, in- ers; this paragraph may not be waived by any cluding systems to detect low-flying aircraft (iii) radio frequency identification docu- agreement, policy, form, or condition of em- across the entire border, as well as systems ments and readers; ployment. to detect the movement of people and vehi- (iv) interoperable communication de- ‘‘(E) DEFINITIONS.—In this paragraph: cles; vices; ‘‘(i) COVERED CLAIM.—The term ‘covered (4) operate unarmed unmanned aerial ve- (v) nonintrusive scanning equipment; and claim’ means any claim, petition, charge, hicles equipped with advanced sensors in (vi) document scanning kiosks. complaint, or grievance filed with, or sub- every Border Patrol sector to ensure cov- (3) IMPLEMENTATION.—Based on the remitted to, a Federal, State, or local agency erage for 24 hours per day and 7 days a week, sults of the assessment conducted under this or court, relating to the violation of applica- unless— subsection, the Commissioner of U.S. Cus- ble Federal or State labor or employment (A) severe or prevailing weather pre- toms and Border Protection shall deploy ad- laws. cludes operations in a given sector; ditional technologies to land, air, and sea ‘‘(ii) DISCLOSE.—The term ‘disclose’ means (B) the Secretary determines that na- ports of entry. to make a formal or informal communica- tional security requires unmanned aerial ve- (f) AUTHORIZATION OF APPROPRIATIONS.— tion or transmission. hicles to be deployed elsewhere; or In addition to amounts otherwise authorized ‘‘(iii) EMPLOYEE.—The term ‘employee’ (C) the Secretary determines that a re- to be appropriated, there are authorized to means— quest from the governor of a State to deploy be appropriated to U.S. Customs and Border ‘‘(I) a current or former nonimmigrant unmanned aerial vehicles to assist with dis- Protection such sums as may be necessary to alien admitted pursuant to section aster recovery efforts or extraordinary law carry out this section during the fiscal years 101(a)(15)(H)(ii)(B); or enforcement operations is in the national in- 2014 through 2018. ‘‘(II) persons performing or formerly per- terest; forming substantially the same work as such (5) attempt, to the greatest extent prac- SA 1559. Mr. HEINRICH (for himself, nonimmigrants in a related workplace.’’. ticable, to provide an alternate form of sur- Mr. UDALL of New Mexico, and Mrs. (b) RULEMAKING.—Not later than 180 days veillance in a sector from which the Sec- GILLIBRAND) submitted an amendment after the date of the enactment of this Act, retary redeployed an unmanned aerial sys- intended to be proposed to amendment and after an opportunity for notice and com- tem pursuant to subparagraph (B) or (C) of SA 1183 submitted by Mr. LEAHY (for ment, the Secretary of Labor shall promul- paragraph (4); himself and Mr. HATCH) to the bill S. gate regulations to carry out the amendment (6) deploy unarmed additional fixed-wing made by subsection (a). aircraft and helicopters; 744, to provide for comprehensive im- (7) increase horse patrols in the South- migration reform and for other pur- SA 1558. Mr. CARPER (for himself, west border region; and poses; which was ordered to lie on the Mr. MCCAIN, and Mr. UDALL of Colo- (8) acquire and deploy watercraft and table; as follows: rado) submitted an amendment in- other equipment to provide support for bor- At the end of section 1104, add the fol- tended to be proposed to amendment der-related maritime anti-crime activities. lowing: SA 1183 submitted by Mr. LEAHY (for (c) LIMITATION.— (e) LAND PORTS OF ENTRY CONSTRUCTION himself and Mr. HATCH) to the bill S. (1) IN GENERAL.—Notwithstanding sub- PROJECTS.—The Secretary shall enhance se- 744, to provide for comprehensive im- section (b), U.S. Border Patrol may not oper- curity, facilitate the movement of people, migration reform and for other pur- ate unarmed, unmanned aerial vehicles in cargo, and motor vehicles, and efficiently poses; which was ordered to lie on the the San Diego and El Centro Sectors, except manage resources by working to expedi- within 3 miles of the Southern border. tiously complete land ports of entry con- table; as follows: (2) EXCEPTION.—The limitation under struction projects already authorized for In title I, beginning on page 82, strike paragraph (1) shall not restrict— construction. line 1 and all that follows through page 83, (A) the maritime operations of U.S. Cus- line 11, and insert the following: toms and Border Protection; or SA 1560. Mr. INHOFE submitted an SEC. 1106. DEPLOYING FORCE MULTIPLIERS AT (B) the Secretary’s authority to deploy amendment intended to be proposed to AND BETWEEN PORTS OF ENTRY. unmanned aerial vehicles— amendment SA 1183 submitted by Mr. (a) ANALYSIS OF OPERATIONAL REQUIRE- (i) during a national security emergency; LEAHY (for himself and Mr. HATCH) to MENTS BETWEEN PORTS OF ENTRY.— (ii) in response to a request from the gov- the bill S. 744, to provide for com- (1) IN GENERAL.—As part of the Com- ernor of California for assistance during dis- prehensive Southern Border Security Strat- prehensive immigration reform and for aster recovery efforts; or other purposes; which was ordered to egy required to be submitted section 5(a), (iii) for other law enforcement purposes. and in order to inform the Secretary about (d) FLEET CONSOLIDATION.—In acquiring lie on the table; as follows: the technologies that may need to be rede- technological assets under subsection (b) and At the end of subtitle G of title III, add ployed or replaced pursuant to paragraphs (4) section 5(a), the Commissioner of U.S. Cus- the following: and (5) of such section, the Commissioner of toms and Border Protection shall, to the SEC. 3722. DETENTION OF DANGEROUS ALIENS. U.S. Customs and Border Protection shall greatest extent practicable, implement a (a) SHORT TITLE.—This section may be undertake a sector by sector analysis of the plan for streamlining the fleet of aircraft, cited as the ‘‘Keep Our Communities Safe border to determine the specific technologies helicopters, aerostats, and unmanned aerial Act of 2013’’. that are most effective in identifying illegal vehicles of U.S. Customs and Border Protec- (b) SENSE OF CONGRESS.—It is the sense cross-border traffic for each particular Bor- tion to generate savings in maintenance of Congress that— der Patrol sector and station along the bor- costs and training costs for pilots and other (1) this section should ensure that Con- der in order to achieve the goal of persistent personnel needed to operate the assets. stitutional rights are upheld and protected; surveillance. (e) ANALYSIS OF OPERATIONAL REQUIRE- (2) it is the intention of the Congress to (2) REQUIREMENTS.—The analysis con- MENTS AT PORTS OF ENTRY.— uphold the Constitutional principles of due ducted under paragraph (1) shall— (1) IN GENERAL.—To help facilitate cross- process; and (A) include a comparison of the costs and border traffic and provide increased situa- (3) due process of the law is a right af- benefits for each type of technology; tional awareness of inbound and outbound forded to everyone in the United States. (B) estimate total life cycle costs for trade and travel, and in order to inform the (c) DETENTION OF ALIENS DURING RE- each type of technology; and Secretary about the technologies that may MOVAL PROCEEDINGS.—

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(1) CLERICAL AMENDMENT.—Section 236 (8 (d) ALIENS ORDERED REMOVED.—Section ant to paragraph (6)’’ after ‘‘the removal pe- U.S.C. 1226) is amended— 241(a) (8 U.S.C. 1231(a)) is amended— riod’’; and (A) by striking ‘‘Attorney General’’ each (1) by striking ‘‘Attorney General’’ each (B) by amending subparagraph (D) to place it appears (except in the second place place it appears, except for the first place it read as follows: it appears in subsection (a)) and inserting appears in paragraph (4)(B)(i), and inserting ‘‘(D) to obey reasonable restrictions on ‘‘Secretary of Homeland Security’’; ‘‘Secretary of Homeland Security’’; the alien’s conduct or activities that the (B) in subsection (a), by inserting ‘‘the (2) in paragraph (1)— Secretary prescribes for the alien, in order to Secretary of Homeland Security or’’ before (A) by striking subparagraphs (B) and (C) prevent the alien from absconding, for the ‘‘the Attorney General—’’; and and inserting the following: protection of the community, or for other (C) in subsection (e), by striking ‘‘Attor- ‘‘(B) BEGINNING OF PERIOD.—The removal purposes related to the enforcement of the ney General’s’’ and inserting ‘‘Secretary of period begins on the latest of— immigration laws.’’; Homeland Security’s’’. ‘‘(i) the date on which the order of re- (4) in paragraph (4)(A), by striking ‘‘para- (2) LENGTH OF DETENTION.—Section 236 (8 moval becomes administratively final; graph (2)’’ and inserting ‘‘subparagraph (B)’’; U.S.C. 1226) is amended by adding at the end ‘‘(ii) the date on which the alien is taken and the following: into such custody if the alien is not in the (5) by amending paragraph (6) to read as ‘‘(f) LENGTH OF DETENTION.— custody of the Secretary on the date on follows: ‘‘(1) Notwithstanding any other provision which the order of removal becomes adminis- ‘‘(6) ADDITIONAL RULES FOR DETENTION OR of this section, an alien may be detained tratively final; and RELEASE OF CERTAIN ALIENS.— under this section for any period, without ‘‘(iii) the date on which the alien is ‘‘(A) DETENTION REVIEW PROCESS FOR CO- limitation, except as provided in subsection taken into the custody of the Secretary after OPERATIVE ALIENS ESTABLISHED.—For an (h), until the alien is subject to a final order the alien is released from detention or con- alien who is not otherwise subject to manda- of removal. finement if the alien is detained or confined tory detention, who has made all reasonable ‘‘(2) The length of detention under this (except for an immigration process) on the efforts to comply with a removal order and section shall not affect detention under sec- date on which the order of removal becomes to cooperate fully with the Secretary of tion 241 of this Act.’’. administratively final. Homeland Security’s efforts to establish the (3) DETENTION OF CRIMINAL ALIENS.—Sec- ‘‘(C) SUSPENSION OF PERIOD.— alien’s identity and carry out the removal tion 236(c)(1) (8 U.S.C. 1226(c)(1)) is amended, ‘‘(i) EXTENSION.—The removal period order, including making timely application by striking the undesignated matter fol- shall be extended beyond a period of 90 days in good faith for travel or other documents lowing subparagraph (D) and inserting the and the Secretary may, in the Secretary’s necessary to the alien’s departure, and who following: sole discretion, keep the alien in detention has not conspired or acted to prevent re- ‘‘any time after the alien is released, with- during such extended period if— moval, the Secretary shall establish an ad- out regard to whether an alien is released re- ‘‘(I) the alien fails or refuses to make all ministrative review process to determine lated to any activity, offense, or conviction reasonable efforts to comply with the re- whether the alien should be detained or re- described in this paragraph; to whether the moval order, or to fully cooperate with the leased on conditions. The Secretary shall alien is released on parole, supervised re- Secretary’s efforts to establish the alien’s make a determination whether to release an lease, or probation; or to whether the alien identity and carry out the removal order, in- alien after the removal period in accordance may be arrested or imprisoned again for the cluding making timely application in good with subparagraph (B). The determination same offense. If the activity described in this faith for travel or other documents nec- shall include consideration of any evidence paragraph does not result in the alien being essary to the alien’s departure or conspires submitted by the alien, and may include con- taken into custody by any person other than or acts to prevent the alien’s removal that is sideration of any other evidence, including the Secretary, then when the alien is subject to an order of removal; any information or assistance provided by brought to the attention of the Secretary or ‘‘(II) a court, the Board of Immigration the Secretary of State or other Federal offi- when the Secretary determines it is prac- Appeals, or an immigration judge orders a cial and any other information available to tical to take such alien into custody, the stay of removal of an alien who is subject to the Secretary of Homeland Security per- Secretary shall take such alien into cus- an administratively final order of removal; taining to the ability to remove the alien. tody.’’. ‘‘(III) the Secretary transfers custody of ‘‘(B) AUTHORITY TO DETAIN BEYOND RE- (4) ADMINISTRATIVE REVIEW.—Section 236 the alien pursuant to law to another Federal MOVAL PERIOD.— (8 U.S.C. 1226) is amended by adding at the agency or a State or local government agen- ‘‘(i) IN GENERAL.—The Secretary of end the following: cy in connection with the official duties of Homeland Security, in the exercise of the ‘‘(g) ADMINISTRATIVE REVIEW.— such agency; or Secretary’s sole discretion, may continue to ‘‘(1) The Attorney General’s review of the ‘‘(IV) a court or the Board of Immigra- detain an alien for 90 days beyond the re- Secretary’s custody determinations under tion Appeals orders a remand to an immigra- moval period (including any extension of the section 236(a) shall be limited to whether the tion judge or the Board of Immigration Ap- removal period under paragraph (1)(C)). An alien may be detained, released on bond (of peals, during the time period when the case alien whose detention is extended under this at least $1,500 with security approved by the is pending a decision on remand (with the re- subparagraph shall have no right to seek re- Secretary), or released with no bond. moval period beginning anew on the date lease on bond. ‘‘(2) The Attorney General’s review of the that the alien is ordered removed on re- ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The Sec- Secretary’s custody determinations for the mand). retary of Homeland Security, in the exercise following classes of aliens: ‘‘(ii) RENEWAL.—If the removal period of the Secretary’s sole discretion, may con- ‘‘(A) Aliens in exclusion proceedings. has been extended under clause (i), a new re- tinue to detain an alien beyond the 90 days ‘‘(B) Aliens described in sections 212(a)(3) moval period shall be deemed to have begun authorized under clause (i)— and 237(a)(4). on the date on which— ‘‘(I) until the alien is removed, if the Sec- ‘‘(C) Aliens described in section 236(c). ‘‘(I) the alien makes all reasonable ef- retary, in the Secretary’s sole discretion, de- ‘‘(D) Aliens in deportation proceedings forts to comply with the removal order, or to termines that there is a significant likeli- subject to section 242(a)(2) of the Act (as in fully cooperate with the Secretary’s efforts hood that the alien— effect prior to April 1, 1997, and as amended to establish the alien’s identity and carry ‘‘(aa) will be removed in the reasonably by section 440(c) of Public Law 104–132); is out the removal order; foreseeable future; or limited to a determination of whether the ‘‘(II) the stay of removal is no longer in ‘‘(bb) would be removed in the reasonably alien is properly included in such category. effect; or foreseeable future, or would have been re- ‘‘(h) RELEASE ON BOND.— ‘‘(III) the alien is returned to the custody moved, but for the alien’s failure or refusal ‘‘(1) IN GENERAL.—An alien detained of the Secretary. to make all reasonable efforts to comply under subsection (a) may seek release on ‘‘(iii) MANDATORY DETENTION FOR CERTAIN with the removal order, or to cooperate fully bond. No bond may be granted except to an ALIENS.—The Secretary shall keep an alien with the Secretary’s efforts to establish the alien who establishes by clear and con- described in subparagraphs (A) through (D) alien’s identity and carry out the removal vincing evidence that the alien is not a flight of section 236(c)(1) in detention during the order, including making timely application risk or a risk to another person or the com- extended period described in clause (i). in good faith for travel or other documents munity. ‘‘(iv) SOLE FORM OF RELIEF.—An alien necessary to the alien’s departure, or con- ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No may only seek relief from detention under spires or acts to prevent removal; alien detained under subsection (c) may seek this subparagraph by filing an application ‘‘(II) until the alien is removed, if the release on bond.’’. for a writ of habeas corpus in accordance Secretary of Homeland Security certifies in (5) CLERICAL AMENDMENTS.—Section 236 (8 with chapter 153 of title 28, United States writing— U.S.C. 1226) is amended— Code. No alien whose period of detention is ‘‘(aa) in consultation with the Secretary (A) in subsection (a)(2)(B), by striking extended under this subparagraph shall have of Health and Human Services, that the alien ‘‘conditional parole’’ and inserting ‘‘recog- the right to seek release on bond.’’; has a highly contagious disease that poses a nizance’’; and (3) in paragraph (3)— threat to public safety; (B) in subsection (b), by striking ‘‘pa- (A) in the matter preceding subparagraph ‘‘(bb) after receipt of a written rec- role’’ and inserting ‘‘recognizance’’. (A), by inserting ‘‘or is not detained pursu- ommendation from the Secretary of State,

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.024 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5033 that release of the alien is likely to have se- to comply with the conditions of release, or Department of Homeland Security, and rious adverse foreign policy consequences for to continue to satisfy the conditions de- amounts described in section 245(i)(3)(B).; the United States; scribed in subparagraph (A), or if, upon re- and ‘‘(cc) based on information available to consideration, the Secretary, in the Sec- ‘‘(B) into the Fund unclaimed moneys from the Secretary of Homeland Security (includ- retary’s sole discretion, determines that the the ‘Unclaimed Moneys of Individuals Whose ing classified, sensitive, or national security alien can be detained under subparagraph Whereabouts are Unknown’ account estab- information, and without regard to the (B). This section shall apply to any alien re- lished pursuant to 31 U.S.C. 1322, from cash grounds upon which the alien was ordered returned to custody pursuant to this subpara- received as security on immigration bonds moved), that there is reason to believe that graph, as if the removal period terminated and interest that accrued on such cash, that the release of the alien would threaten the on the day of the redetention. remains unclaimed for a period of at least 10 national security of the United States; or ‘‘(F) REVIEW OF DETERMINATIONS BY SEC- years from the date it was first transferred ‘‘(dd) that the release of the alien will RETARY.—A determination by the Secretary into Treasury’s Unclaimed Moneys account threaten the safety of the community or any under this paragraph shall not be subject to if the transfer of the unclaimed moneys will person, conditions of release cannot reason- review by any other agency.’’. occur only after electronic notice is posted ably be expected to ensure the safety of the (e) SEVERABILITY.—If any of the provi- for six months and the moneys remain un- community or any person, and sions of this section, any amendment made claimed after such notice.’’; ‘‘(AA) the alien has been convicted of 1 by this section, or the application of any (2) in paragraph (3), by striking ‘‘Attorney or more aggravated felonies (as defined in such provision to any person or cir- General’’ and inserting ‘‘Secretary of Home- section 101(a)(43)(A)) or of 1 or more crimes cumstance, is held to be invalid for any rea- land Security’’; identified by the Secretary of Homeland Se- son, the remainder of this section, the (3) in paragraph (5)— curity by regulation, or of 1 or more at- amendments made by this section, and the (A) by striking ‘‘Attorney General’’ and in- tempts or conspiracies to commit any such application of the provisions and amend- serting ‘‘Secretary of Homeland Security’’; aggravated felonies or such identified ments made by this section to any other per- and crimes, if the aggregate term of imprison- son or circumstance shall not be affected by (B) by striking ‘‘transfers to the general ment for such attempts or conspiracies is at such holding. fund,’’; and least 5 years; or (f) EFFECTIVE DATES.— (4) by striking paragraph (6). ‘‘(BB) the alien has committed 1 or more (1) APPREHENSION AND DETENTION OF crimes of violence (as defined in section 16 of ALIENS.—The amendments made by subtitle 18, United States Code, but not includ- section (c) shall take effect on the date of SA 1563. Mr. COATS submitted an ing a purely political offense) and, because of the enactment of this Act. Section 236 of the amendment intended to be proposed to a mental condition or personality disorder Immigration and Nationality Act, as amend- amendment SA 1183 submitted by Mr. and behavior associated with that condition ed by subsection (c), shall apply to any alien LEAHY (for himself and Mr. HATCH) to or disorder, the alien is likely to engage in in detention under provisions of such section the bill S. 744, to provide for com- acts of violence in the future; or on or after such date of enactment. ‘‘(III) pending a certification under sub- prehensive immigration reform and for (2) ALIENS ORDERED REMOVED.—The clause (II), if the Secretary of Homeland Se- other purposes; which was ordered to amendments made by subsection (d) shall lie on the table; as follows: curity has initiated the administrative re- take effect on the date of the enactment of view process not later than 30 days after the this Act. Section 241 of the Immigration and In section 3, beginning on page 3, strike expiration of the removal period (including Nationality Act, as amended by subsection line 5 and all that follows through ‘‘(i)’’ on any extension of the removal period under (d), shall apply to— page 4, line 7, and insert the following: paragraph (1)(C)). (A) all aliens subject to a final adminis- (1) PROCESSING OF APPLICATIONS FOR REG- ‘‘(iii) NO RIGHT TO BOND HEARING.—An trative removal, deportation, or exclusion ISTERED PROVISIONAL IMMIGRANT STATUS.— alien whose detention is extended under this order that was issued before, on, or after the (A) IN GENERAL.—Not earlier than the date subparagraph shall have no right to seek re- date of the enactment of this Act; and on which the Secretary submits to Congress lease on bond, including by reason of a cer- (B) acts and conditions occurring or ex- a certification that the Secretary has main- tification under clause (ii)(II). isting before, on, or after such date of enact- tained effective control of high-risk border ‘‘(C) RENEWAL AND DELEGATION OF CER- ment. sectors along the Southern border for a pe- TIFICATION.— riod of not less than 6 months, the Secretary ‘‘(i) RENEWAL.—The Secretary of Home- may commence processing applications for land Security may renew a certification SA 1561. Mr. COATS submitted an registered provisional immigrant status pur- under subparagraph (B)(ii)(II) every 6 amendment intended to be proposed to suant to section 245B of the Immigration and months, after providing an opportunity for amendment SA 1183 submitted by Mr. Nationality Act, as added by section 2101 of the alien to request reconsideration of the LEAHY (for himself and Mr. HATCH) to this Act. certification and to submit documents or the bill S. 744, to provide for com- (B) HIGH-RISK BORDER SECTOR DEFINED.—In other evidence in support of that request. If prehensive immigration reform and for this paragraph, the term ‘‘high-risk border the Secretary does not renew a certification, other purposes; which was ordered to sector’’ means a border sector in which more the Secretary may not continue to detain lie on the table; as follows: the alien under subparagraph (B)(ii)(II). than 30,000 individuals were apprehended by the Department during the most recent fis- ‘‘(ii) DELEGATION.—Notwithstanding sec- On page 75, after line 25, add the following: tion 103, the Secretary of Homeland Security (4) LAND PORTS OF ENTRY.—The Secretary cal year. may not delegate the authority to make or and the Administrator of the General Serv- (2) ADJUSTMENT OF STATUS OF REGISTERED renew a certification described in item (bb), ices Administration may upgrade, expand, or PROVISIONAL IMMIGRANTS.— (cc), or (dd) of subparagraph (B)(ii)(II) below replace existing land ports of entry to facili- (A) IN GENERAL.—Except as provided in the level of the Assistant Secretary for Im- tate safe, secure, and efficient cross border subparagraph (B), the Secretary may not ad- migration and Customs Enforcement. movement of people, motor vehicles, and just the status of aliens who have been granted registered provisional immigrant ‘‘(iii) HEARING.—The Secretary of Home- cargo. land Security may request that the Attorney status, except for aliens granted blue card General or the Attorney General’s designee SA 1562. Mr. COATS submitted an status under section 2201 of this Act or de- provide for a hearing to make the determina- amendment intended to be proposed to scribed in section 245D(b) of the Immigration tion described in item (dd)(BB) of subpara- amendment SA 1183 submitted by Mr. and Nationality Act, until the Secretary, graph (B)(ii)(II). after consultation with the Comptroller Gen- LEAHY (for himself and Mr. HATCH) to eral of the United States, submits to the ‘‘(D) RELEASE ON CONDITIONS.—If it is de- the bill S. 744, to provide for com- President and Congress a written certifi- termined that an alien should be released prehensive immigration reform and for from detention by a Federal court, the Board cation that— of Immigration Appeals, or if an immigra- other purposes; which was ordered to (i) the Secretary has maintained effective tion judge orders a stay of removal, the Sec- lie on the table; as follows: control of the Southern border for a period of retary of Homeland Security, in the exercise At the appropriate place, insert the fol- not less than 6 months; of the Secretary’s discretion, may impose lowing: (ii) conditions on release as provided under para- SEC. ll. BREACHED BOND/DETENTION FUND graph (3). DEPOSITS. SA 1564. Mr. GRASSLEY submitted ‘‘(E) REDETENTION.—The Secretary of Section 286(r) (8 U.S.C. 1356(r)) is amend- an amendment intended to be proposed Homeland Security, in the exercise of the ed— to amendment SA 1183 submitted by Secretary’s discretion, without any limita- (1) by striking paragraph (2) and inserting Mr. LEAHY (for himself and Mr. HATCH) tions other than those specified in this sec- the following: tion, may again detain any alien subject to ‘‘(2) There shall be deposited— to the bill S. 744, to provide for com- a final removal order who is released from ‘‘(A) as offsetting receipts into the Fund prehensive immigration reform and for custody, if removal becomes likely in the all breached cash and surety bonds, posted other purposes; which was ordered to reasonably foreseeable future, the alien fails under this Act which are recovered by the lie on the table; as follows:

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In title II, beginning on page 13, strike line account of race, religion, nationality, mem- ‘‘(14) DISCLOSURE OF SOCIAL SECURITY IN- 20 and all that follows through page 26, line bership in a particular social group, or polit- FORMATION.— 4, and insert the following: ical opinion; or ‘‘(A) IN GENERAL.—The Secretary may not ‘‘(6) ELIGIBILITY AFTER DEPARTURE.—An ‘‘(bb) having been identified as targets as grant registered provisional immigrant sta- alien who departed from the United States described in item (aa), share a common need tus to an alien under this section unless the while subject to an order of exclusion, depor- for resettlement due to a specific vulner- alien fully discloses to the Secretary all the tation, or removal, or pursuant to an order ability. names and Social Security account numbers of voluntary departure and who is outside of ‘‘(ii) An alien who establishes membership that the alien has ever used to obtain em- the United States, or who has reentered the in a group designated under clause (i) to the ployment in the United States. United States illegally after December 31, satisfaction of the Secretary of Homeland ‘‘(B) REVOCATION OF GRANTED STATUS.—If 2011 without receiving the Secretary’s con- Security shall be considered a refugee for the Secretary determines that an alien present to reapply for admission under section purposes of admission as a refugee under this viously granted registered provisional immi- 212(a)(9), shall not be eligible to file an appli- section unless the Secretary determines that grant status under this section has not com- cation for registered provisional immigrant such alien ordered, incited, assisted, or oth- plied with the requirement in subparagraph status. erwise participated in the persecution of any (A), the Secretary shall revoke the status of ‘‘(7) SUSPENSION OF REMOVAL DURING APPLI- person on account of race, religion, nation- the alien as a registered provisional immi- CATION PERIOD.—A registered provisional im- ality, membership in a particular social grant. migrant may not be detained by the Sec- group, or political opinion. ‘‘(C) NOTIFICATION OF RIGHTFUL ASSIGN- ‘‘(iii) A designation under clause (i) is for retary or removed from the United States EES.—The Secretary may disclose informa- purposes of adjudicatory efficiency and may unless the Secretary determines that— tion received from an alien pursuant to a dis- be revoked by the President at any time ‘‘(A) such alien is, or has become, remov- closure under subparagraph (A) to any Fed- after notification to Congress. eral or State agency authorized to collect able for any grounds under section 237 for ‘‘(iv) Categories of aliens established under such information in order to enable such causes arising subsequent to the application section 599D of the Foreign Operations, Ex- or receipt of status; port Financing, and Related Programs Ap- agency to notify each named individual or ‘‘(B) such alien is, or has become, ineligible propriations Act, 1990 (Public Law 101–167; 8 rightful assignee of the Social Security ac- for registered provisional immigrant status U.S.C. 1157 note)— count number concerned of the alien’s mis- under subsection (b)(3); or ‘‘(I) shall be designated under clause (i) use of such name or number to obtain em- ‘‘(C) such alien’s registered provisional im- until the end of the first fiscal year com- ployment. migrant status has been terminated or re- mencing after the date of the enactment of SA 1568. Mr. GRASSLEY submitted voked under the provisions of this Act. the Border Security, Economic Opportunity, and Immigration Modernization Act; and an amendment intended to be proposed SA 1565. Mr. GRASSLEY submitted ‘‘(II) shall be eligible for designation there- to amendment SA 1183 submitted by an amendment intended to be proposed after at the discretion of the President, con- Mr. LEAHY (for himself and Mr. HATCH) to amendment SA 1183 submitted by sidering, among other factors, whether a to the bill S. 744, to provide for com- Mr. LEAHY (for himself and Mr. HATCH) country under consideration has been des- prehensive immigration reform and for to the bill S. 744, to provide for com- ignated by the Secretary of State as a ‘Coun- other purposes; which was ordered to prehensive immigration reform and for try of Particular Concern’ for engaging in or lie on the table; as follows: other purposes; which was ordered to tolerating systematic, ongoing, and egre- In section 3, on page 6, beginning on line 8, gious violations of religious freedom. lie on the table; as follows: strike ‘‘and’’ and all that follows through ‘‘(v) A designation under clause (i) shall ‘‘(v)’’ on line 9, and insert the following: In title III, beginning on page 174, strike not influence decisions to grant, to any (v) the Secretary of the Treasury has cer- line 6 and all that follows through page 180, alien, asylum under section 208, protection tified that the Secretary has collected and line 5, and insert the following: under section 241(b)(3), or protection under deposited into the Treasury, pursuant to sec- the Convention Against Torture and Other SEC. 3401. REFUGEE FAMILY PROTECTIONS. tion 6(b)(3)(B), an amount equal to the Cruel, Inhuman or Degrading Treatment or A child of an alien who qualifies for admis- amount transferred from the general fund of Punishment, done at New York December 10, sion as a spouse or child under section the Treasury to the Comprehensive Immigra- 1984. 207(c)(2)(A) or 208(b)(3) of the Immigration tion Reform Trust Fund pursuant to section and Nationality Act (8 U.S.C. 1157(c)(2)(A) ‘‘(vi) A decision to deny admission under this section to an alien who establishes to 6(a)(2)(A); and and 1158(b)(3)) shall be entitled to the same (vi) status as such alien if the child— the satisfaction of the Secretary that the alien is a member of a group designated (1) is accompanying or following to join SA 1569. Mr. GRASSLEY submitted such alien; and under clause (i) shall— ‘‘(I) be in writing; and an amendment intended to be proposed (2) is otherwise eligible under section to amendment SA 1183 submitted by 207(c)(2)(A) or 208(b)(3) of the Immigration ‘‘(II) state, to the maximum extent fea- Mr. LEAHY (for himself and Mr. HATCH) and Nationality Act. sible, the reason for the denial. ‘‘(vii) Refugees admitted pursuant to a des- to the bill S. 744, to provide for com- SEC. 3402. CLARIFICATION ON DESIGNATION OF ignation under clause (i) shall be subject to CERTAIN REFUGEES. prehensive immigration reform and for the number of admissions and be admissible other purposes; which was ordered to (a) TERMINATION OF CERTAIN PREFERENTIAL under this section.’’. TREATMENT IN IMMIGRATION OF lie on the table; as follows: AMERASIANS.—Section 584 of the Foreign Op- SA 1566. Mr. GRASSLEY submitted In title III, beginning on page 253, strike erations, Export Financing, and Related Pro- an amendment intended to be proposed line 19 and all that follows through the matter preceding line 15 on page 271, and insert grams Appropriations Act, 1988 (8 U.S.C. 1101 to amendment SA 1183 submitted by note) is amended by adding at the end the the following: following: Mr. LEAHY (for himself and Mr. HATCH) SEC. 3704. ILLEGAL ENTRY. ‘‘(f) No visa may be issued under this sec- to the bill S. 744, to provide for com- (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) tion if the petition or application for such prehensive immigration reform and for is amended to read as follows: visa is submitted on or after the date of the other purposes; which was ordered to ‘‘SEC. 275. ILLEGAL ENTRY. enactment of the Border Security, Economic lie on the table; as follows: ‘‘(a) IN GENERAL.— Opportunity, and Immigration Moderniza- In title III, beginning on page 174, strike ‘‘(1) CRIMINAL OFFENSES.—An alien shall be tion Act.’’. line 6 and all that follows through page 176, subject to the penalties set forth in para- (b) REFUGEE DESIGNATION.—Section line 2. graph (2) if the alien— 207(c)(1) (8 U.S.C. 1157(c)(1)) is amended— In title III, beginning on page 179, strike ‘‘(A) enters, attempts to enter, or crosses (1) by inserting ‘‘(A)’’ before ‘‘Subject to line 19 and all that follows through page 180, the border into the United States at any the numerical limitations’’; and line 5. time or place other than as designated by (2) by adding at the end the following: the Secretary of Homeland Security; ‘‘(B)(i) The President, upon a recommenda- SA 1567. Mr. GRASSLEY (for himself ‘‘(B) eludes examination or inspection by tion of the Secretary of State made in con- and Mr. WICKER) submitted an amend- an immigration officer, or a customs or agri- sultation with the Secretary of Homeland ment intended to be proposed to culture inspection at a port of entry; or Security, and after appropriate consultation, amendment SA 1183 submitted by Mr. ‘‘(C) attempts to enter or obtains entry to may designate specifically defined groups of the United States by means of a knowingly LEAHY (for himself and Mr. HATCH) to aliens— the bill S. 744, to provide for com- false or misleading representation or the ‘‘(I) whose resettlement in the United concealment of a material fact. States is justified by humanitarian concerns prehensive immigration reform and for ‘‘(2) CRIMINAL PENALTIES.—Any alien who or is otherwise in the national interest; and other purposes; which was ordered to violates any provision under paragraph (1)— ‘‘(II) who— lie on the table; as follows: ‘‘(A) shall, for the first violation, be fined ‘‘(aa) share common characteristics that In title II, on page 35, between lines 2 and under title 18, United States Code, impris- identify them as targets of persecution on 3, insert the following: oned not more than 12 months, or both;

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.026 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5035 ‘‘(B) shall, for a second or subsequent vio- the alien shall be fined under title 18, United shall be incarcerated for the remainder of lation, or following an order of voluntary de- States Code, imprisoned not more than 10 the sentence of imprisonment which was parture, be fined under such title, impris- years, or both; pending at the time of deportation without oned not more than 3 years, or both; ‘‘(2) was convicted for an aggravated felony any reduction for parole or supervised re- ‘‘(C) if the violation occurred after the before such removal or departure, the alien lease. Such alien shall be subject to such alien had been convicted of 3 or more mis- shall be fined under such title, imprisoned other penalties relating to the reentry of re- demeanors or of a felony, shall be fined not more than 20 years, or both; moved aliens as may be available under this under such title, imprisoned not more than ‘‘(3) was convicted for a felony before such section or any other provision of law. 10 years, or both; and removal or departure for which the alien was ‘‘(h) LIMITATION.—It is not aiding and abet- ‘‘(D) if the violation occurred after the sentenced to a term of imprisonment of not ting a violation of this section for an indi- alien had been convicted of a felony for less than 60 months, the alien shall be fined vidual to provide an alien with emergency which the alien was sentenced to a term of under such title, imprisoned not more than medical care and food or to transport the imprisonment, shall be fined under such 20 years, or both; alien to a location where such medical care title, imprisoned not more than 15 years, or ‘‘(4) was convicted for 3 felonies before or food can be provided without compensa- both. such removal or departure, the alien shall be tion or the expectation of compensation. ‘‘(i) DEFINITIONS.—In this section: ‘‘(3) PRIOR CONVICTIONS.—The prior convic- fined under such title, imprisoned not more ‘‘(1) FELONY.—The term ‘felony’ means any tions described in subparagraphs (C) and (D) than 20 years, or both, unless the Attorney criminal offense punishable by a term of im- of paragraph (2) are elements of the offenses General expressly consents to the entry or prisonment of more than 1 year under the described in that paragraph and the pen- reentry, as the case may be, of the alien; or laws of the United States, any State, or a alties in such subparagraphs shall apply only ‘‘(5) was convicted, before such removal or foreign government. in cases in which the conviction or convic- departure, for murder, rape, kidnapping, or a ‘‘(2) MISDEMEANOR.—The term ‘mis- tions that form the basis for the additional felony offense described in chapter 77 (relat- demeanor’ means any criminal offense pun- penalty are— ing to peonage and slavery) or 113B (relating ishable by a term of imprisonment of not ‘‘(A) alleged in the indictment or informa- to terrorism) of such title, the alien shall be more than 1 year under the applicable laws tion; and fined under such title, imprisoned not more of the United States, any State, or a foreign ‘‘(B) proven beyond a reasonable doubt at than 20 years, or both. government. ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— trial or admitted by the defendant under ‘‘(3) REMOVAL.—The term ‘removal’ in- oath as part of a plea agreement. Any alien who has been denied admission, cludes any denial of admission, exclusion, ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN- excluded, or deported and thereafter enters, deportation, or removal, or any agreement ALTIES.—Any alien who is apprehended while attempts to enter, crosses the border to, at- by which an alien stipulates or agrees to ex- knowingly entering, attempting to enter, or tempts to cross the border to, or is at any clusion, deportation, or removal. time found in the United States, shall be crossing or attempting to cross the border to ‘‘(4) STATE.—The term ‘State’ means a fined under title 18, United States Code, im- the United States at a time or place other State of the United States, the District of prisoned not more than 10 years, or both, un- than as designated by immigration officers Columbia, and any commonwealth, territory, less the Attorney General expressly consents shall be subject to a civil penalty, in addi- or possession of the United States.’’. tion to any criminal or other civil penalties to the entry or reentry, as the case may be, SEC. 3706. PENALTIES RELATED TO REMOVAL. that may be imposed under any other provi- of the alien. (a) PENALTIES RELATING TO VESSELS AND sion of law, in an amount equal to— ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior convictions described in subsection (b) AIRCRAFT.—Section 243(c) (8 U.S.C. 1253(c)) is ‘‘(1) not less than $250 or more than $5,000 amended— for each such entry, crossing, attempted are elements of the offenses described in that subsection, and the penalties in such sub- (1) by striking ‘‘Attorney General’’ each entry, or attempted crossing; or place such term appears and inserting ‘‘Sec- ‘‘(2) twice the amount specified in para- section shall apply only in cases in which the conviction or convictions that form the basis retary of Homeland Security’’; and graph (1) if the alien had previously been (2) by striking ‘‘Commissioner’’ each place subject to a civil penalty under this sub- for the additional penalty are— ‘‘(1) alleged in the indictment or informa- such term appears and inserting ‘‘Secretary section. of Homeland Security’’; and ‘‘(c) FRAUDULENT MARRIAGE.—An indi- tion; and ‘‘(2) proven beyond a reasonable doubt at (3) in paragraph (1)— vidual who knowingly enters into a marriage (A) in subparagraph (A), by striking for the purpose of evading any provision of trial or admitted by the defendant under oath as part of a plea agreement. ‘‘$2,000’’ and inserting ‘‘$5,000’’; the immigration laws shall be imprisoned for (B) in subparagraph (B), by striking not more than 5 years, fined not more than ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an affirmative defense to a violation of this sec- ‘‘$5,000’’ and inserting ‘‘$10,000’’; and $250,000, or both. (C) by inserting at the end the following: ‘‘(d) COMMERCIAL ENTERPRISES.—Any indi- tion that— ‘‘(D) EXCEPTION.—A person, acting without vidual who knowingly establishes a commer- ‘‘(1) prior to the alleged violation, the alien compensation or the expectation of com- cial enterprise for the purpose of evading any had sought and received the express consent pensation, is not subject to penalties under provision of the immigration laws shall be of the Secretary of Homeland Security to re- this paragraph if the person is— imprisoned for not more than 5 years, fined apply for admission into the United States; ‘‘(i) providing, or attempting to provide, an in accordance with title 18, United States or alien with emergency medical care or food or Code, or both.’’. ‘‘(2) at the time of the prior exclusion, de- water; or (b) CLERICAL AMENDMENT.—The table of portation, removal, or denial of admission contents is amended by striking the item re- alleged in the violation, the alien had not ‘‘(ii) transporting the alien to a location lating to section 275 and inserting the fol- yet reached 18 years of age and had not been where such medical care, food, or water can lowing: convicted of a crime or adjudicated a delin- be provided without compensation or the expectation of compensation.’’. ‘‘Sec. 275. Illegal entry.’’. quent minor by a court of the United States, or a court of a state or territory, for conduct (b) DISCONTINUATION OF VISAS TO NATION- (c) EFFECTIVE DATE.—The amendments that would constitute a felony if committed ALS OF COUNTRIES DENYING OR DELAYING AC- made by this section shall take effect 1 year by an adult. CEPTING ALIEN.—Section 243(d) (8 U.S.C. after the date of the enactment of this Act. ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON 1253(d)) is amended— SEC. 3705. REENTRY OF REMOVED ALIEN. UNDERLYING DEPORTATION ORDER.—In a (1) by striking ‘‘Attorney General’’ each Section 276 (8 U.S.C. 1326) is amended to criminal proceeding under this section, an place such term appears and inserting ‘‘Sec- read as follows: alien may not challenge the validity of the retary of Homeland Security’’; and ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. deportation order described in subsection (a) (2) by striking ‘‘notifies the Secretary’’ ‘‘(a) REENTRY AFTER REMOVAL.—Any alien or subsection (c) unless the alien dem- and inserting ‘‘notifies the Secretary of who has been denied admission, excluded, de- onstrates that— State’’. ported, or removed, or who has departed the ‘‘(1) the alien exhausted any administra- SEC. 3707. REFORM OF PASSPORT, VISA, AND IM- United States while an order of exclusion, tive remedies that may have been available MIGRATION FRAUD OFFENSES. deportation, or removal is outstanding, and to seek relief against the order; (a) TRAFFICKING IN PASSPORTS.—Section subsequently enters, attempts to enter, ‘‘(2) the deportation proceedings at which 1541 of title 18, United States Code, is amend- crosses the border to, attempts to cross the the order was issued improperly deprived the ed to read as follows: border to, or is at any time found in the alien of the opportunity for judicial review; ‘‘§ 1541. Issuance of passports without author- United States, shall be fined under title 18, and ity United States Code, imprisoned not more ‘‘(3) the entry of the order was fundamen- ‘‘(a) IN GENERA.—Subject to subsection (b), than 2 years, or both. tally unfair. any person who knowingly— ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO ‘‘(1) and without lawful authority pro- Notwithstanding the penalty provided in COMPLETION OF TERM OF IMPRISONMENT.—Any duces, issues, or transfers a passport; subsection (a), if an alien described in that alien removed pursuant to section 241(a)(4) ‘‘(2) forges, counterfeits, alters, or falsely subsection— who enters, attempts to enter, crosses the makes a passport; ‘‘(1) was convicted for 3 or more mis- border to, attempts to cross the border to, or ‘‘(3) secures, possesses, uses, receives, buys, demeanors before such removal or departure, is at any time found in, the United States sells, or distributes a passport, knowing the

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.022 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5036 CONGRESSIONAL RECORD — SENATE June 24, 2013 passport to be forged, counterfeited, altered, ‘‘(2) uses or attempts to use any passport ‘‘1542. False statement in an application for falsely made, stolen, procured by fraud, or in violation of the conditions and restric- a passport. produced or issued without lawful authority; tions specified in the passport or any rules or ‘‘1543. Forgery or false use of a passport. or regulations prescribed pursuant to the laws ‘‘1544. Misuse of a passport. ‘‘(4) completes, mails, prepares, presents, regulating the issuance of passports; or ‘‘1545. Schemes to provide fraudulent immi- signs, or submits an application for a United ‘‘(3) secures, possesses, uses, receives, buys, gration services. States passport, knowing the application to sells, or distributes any passport knowing ‘‘1546. Immigration and visa fraud. contain any materially false statement or the passport to be forged, counterfeited, al- ‘‘1547. Alternative imprisonment maximum representation, tered, falsely made, procured by fraud, or for certain offenses. shall be fined under this title, imprisoned produced or issued without lawful authority, ‘‘1548. Authorized law enforcement activi- not more than 20 years, or both. shall be fined under this title, imprisoned ties.’’. ‘‘(b) USE IN A TERRORISM OFFENSE.—Any not more than 25 years (if the offense was person who commits an offense described in committed to facilitate an act of inter- SA 1570. Mr. GRASSLEY submitted subsection (a) to facilitate an act of international terrorism (as defined in section 2331 an amendment intended to be proposed national terrorism (as defined in section of this title)), 20 years (if the offense was to amendment SA 1183 submitted by 2331) shall be fined under this title, impris- committed to facilitate a drug trafficking Mr. LEAHY (for himself and Mr. HATCH) oned not more than 25 years, or both. crime (as defined in section 929(a) of this to the bill S. 744, to provide for com- ‘‘(c) PASSPORT MATERIALS.—Any person title)) or 15 years (in the case of any other who knowingly and without lawful authority prehensive immigration reform and for offense), or both.’’. other purposes; which was ordered to produces, buys, sells, possesses, or uses any (d) SCHEMES TO PROVIDE FRAUDULENT IMMI- official material (or counterfeit of any offi- GRATION SERVICES.—Section 1545 of title 18, lie on the table; as follows: cial material) to make a passport, including United States Code, is amended to read as In title III, beginning on page 247, strike any distinctive paper, seal, hologram, image, follows: line 11 and all that follows through page 251, text, symbol, stamp, engraving, or plate, ‘‘§ 1545. Schemes to provide fraudulent immi- line 7, and insert the following: shall be fined under this title, imprisoned gration services SEC. 3701. CRIMINAL GANGS. not more than 20 years, or both.’’. (a) DEFINITION OF CRIMINAL GANG.—Section (b) FALSE STATEMENT IN AN APPLICATION ‘‘(a) IN GENERAL.—Any person who know- 101(a) (8 U.S.C. 1101(a)) is amended by adding FOR A PASSPORTS.—Section 1542 of title 18, ingly executes a scheme or artifice, in con- after paragraph (54), as added by section United States Code, is amended to read as nection with any matter that is authorized 4211(g) of this Act, the following: follows: by or arises under any Federal immigration law or any matter the offender claims or rep- ‘‘(55)(A) The term ‘criminal gang’ means an ‘‘§ 1542. False statement in an application for resents is authorized by or arises under any ongoing group, club, organization, or asso- a passport Federal immigration law, to— ciation of 5 or more persons— ‘‘(a) IN GENERAL.—Any person who— ‘‘(1) defraud any person; or ‘‘(i) that has as 1 of its primary purposes ‘‘(1) knowingly makes any false statement ‘‘(2) obtain or receive money or anything the commission of 1 or more of the criminal or representation in an application for a else of value from any person by means of offenses described in subparagraph (B); and United States passport, or mails, prepares, false or fraudulent pretenses, representa- ‘‘(ii) the members of which engage, or have presents, or signs an application for a United tions, or promises, engaged within the past 5 years, in a con- States passport knowing the application to shall be fined under this title, imprisoned tinuing series of offenses described in sub- contain any false statement or representa- not more than 10 years, or both. paragraph (B). tion and with intent to induce or secure the ‘‘(b) MISREPRESENTATION.—Any person who ‘‘(B) The offenses described in this subpara- issuance of a passport under the authority of knowingly and falsely represents that such graph, whether in violation of Federal or the United States, either for the person’s person is an attorney or an accredited rep- State law or in violation of the law of a for- own use or the use of another, contrary to resentative (as that term is defined in sec- eign country, are the following: the laws regulating the issuance of passports tion 1292.1 of title 8, Code of Federal Regula- ‘‘(i) A felony drug offense (as defined in or the rules prescribed pursuant to such tions (or any successor regulation)) in any section 102 of the Controlled Substances Act laws; or matter arising under any Federal immigra- (21 U.S.C. 802)). ‘‘(2) knowingly uses or attempts to use, or tion law shall be fined under this title, im- ‘‘(ii) A felony offense involving firearms or furnishes to another for use, any passport prisoned not more than 15 years, or both.’’. explosives or in violation of section 931 of the issuance of which was secured in any way (e) IMMIGRATION AND VISA FRAUD.—Section title 18, United States Code (relating to pur- by reason of any false statement, 1546 of title 18, United States Code, is amend- chase, ownership, or possession of body shall be fined under this title, imprisoned ed by amending the section heading to read armor by violent felons). not more than 25 years (if the offense was as follows: ‘‘(iii) An offense under section 274 (relating committed to facilitate an act of inter- ‘‘§ 1546. Immigration and visa fraud’’. to bringing in and harboring certain aliens), national terrorism (as defined in section 2331 section 277 (relating to aiding or assisting (f) ALTERNATIVE IMPRISONMENT MAXIMUM of this title)), 20 years (if the offense was certain aliens to enter the United States), or FOR CERTAIN OFFENSES.—Section 1547 of title committed to facilitate a drug trafficking section 278 (relating to importation of alien 18, United States Code, is amended— crime (as defined in section 929(a) of this for immoral purpose). (1) in the matter preceding paragraph (1), title)), or 15 years (in the case of any other ‘‘(iv) A felony crime of violence (as defined by striking ‘‘(other than an offense under offense), or both. in section 16 of title 18, United States Code). section 1545)’’; ‘‘(b) VENUE.— ‘‘(v) A crime involving obstruction of jus- (2) in paragraph (1), by striking ‘‘15’’ and ‘‘(1) IN GENERAL.—An offense under sub- tice, tampering with or retaliating against a inserting ‘‘20’’; and section (a) may be prosecuted in any dis- witness, victim, or informant, or burglary (3) in paragraph (2), by striking ‘‘20’’ and trict— ‘‘(vi) Any conduct punishable under sec- inserting ‘‘25’’. ‘‘(A) in which the false statement or rep- tions 1028 and 1029 of title 18, United States (g) AUTHORIZED LAW ENFORCEMENT ACTIVI- resentation was made or the application for Code (relating to fraud and related activity TIES.—Chapter 75 of title 18, United States a United States passport was prepared or in connection with identification documents Code, is amended by adding after section 1547 signed; or or access devices), sections 1581 through 1594 the following: ‘‘(B) in which or to which the application of such title (relating to peonage, slavery was mailed or presented. ‘‘§ 1548. Authorized law enforcement activi- and trafficking in persons), section 1952 of ‘‘(2) OFFENSES OUTSIDE THE UNITED ties such title (relating to interstate and foreign STATES.—An offense under subsection (a) in- ‘‘Nothing in this chapter may be construed travel or transportation in aid of racket- volving an application prepared and adju- to prohibit— eering enterprises), section 1956 of such title dicated outside the United States may be ‘‘(1) any lawfully authorized investigative, (relating to the laundering of monetary in- prosecuted in the district in which the re- protective, or intelligence activity of a law struments), section 1957 of such title (relat- sultant passport was or would have been pro- enforcement agency of the United States, a ing to engaging in monetary transactions in duced. State, or a political subdivision of a State, property derived from specified unlawful ac- ‘‘(c) SAVINGS CLAUSE.—Nothing in this sec- or an intelligence agency of the United tivity), or sections 2312 through 2315 of such tion may be construed to limit the venue States; or title (relating to interstate transportation of otherwise available under sections 3237 and ‘‘(2) any activity authorized under title V stolen motor vehicles or stolen property). 3238 of this title.’’. of the Organized Crime Control Act of 1970 ‘‘(vii) Conspiracy to commit an offense de- (c) MISUSE OF A PASSPORT.—Section 1544 of (Public Law 91–452; 84 Stat. 933).’’. scribed in specified in clauses (i) through title 18, United States Code, is amended to (h) TABLE OF SECTIONS AMENDMENT.—The (vi).’’. read as follows: table of sections for chapter 75 of title 18, (b) INADMISSIBILITY.—Section 212(a)(2) (8 ‘‘§ 1544. Misuse of a passport United States Code, is amended to read as U.S.C. 1182(a)(2)) is amended by inserting ‘‘Any person who knowingly— follows: after subparagraph (I) the following: ‘‘(1) uses or attempts to use any passport ‘‘Sec. ‘‘(J) ALIENS IN CRIMINAL GANGS.—Any alien issued or designed for the use of another; ‘‘1541. Trafficking in passports. is inadmissible who—

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Mr. GRASSLEY submitted the alien can demonstrate by clear and con- and an amendment intended to be proposed vincing evidence that the alien did not know, (3) by inserting after item (aa) the fol- to amendment SA 1183 submitted by and should not reasonably have known, that lowing: Mr. LEAHY (for himself and Mr. HATCH) the organization was a criminal gang; and ‘‘(bb) conduct annual audits of not less ‘‘(ii) is determined by an immigration than .05 percent of employers (other than to the bill S. 744, to provide for com- judge to be a danger to the community.’’. employers covered by item (aa)) that employ prehensive immigration reform and for (c) GROUNDS FOR DEPORTATION.—Section H–1B nonimmigrants during the applicable other purposes; which was ordered to 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by calendar year; and’’. lie on the table; as follows: adding at the end the following: (b) L NONIMMIGRANTS.—Section In title IV, on page 69, beginning on line 16, ‘‘(G) ALIENS IN CRIMINAL GANGS.—Any alien 214(c)(2)(J)(viii)(II) (8 U.S.C. 1184 strike ‘‘and’’ and all that follows through is removable who— (c)(2)(J)(viii)(II)), as added by section 4306, is ‘‘(bb)’’ on line 17, and insert the following: ‘‘(i) is a member of a criminal gang unless amended— ‘‘(bb) conduct annual audits of not less the alien can demonstrate by clear and con- (1) in item ‘‘(aa)’’, by striking ‘‘and’’ at the than .05 percent of employers (other than vincing evidence that the alien did not know, end; employers covered by item (aa)) that employ and should not reasonably have known, that (2) by redesignating item (bb) as item (cc); H–1B nonimmigrants during the applicable the organization was a criminal gang; and and calendar year; and ‘‘(ii) is determined by an immigration (3) by inserting after item (aa) the fol- ‘‘(cc) judge to be a danger to the community.’’. lowing: In title IV, on page 103, beginning on line (d) GROUND OF INELIGIBILITY FOR REG- ‘‘(bb) conduct annual audits of not less 11, strike ‘‘and’’ and all that follows through ISTERED PROVISIONAL IMMIGRANT STATUS.— than .05 percent of employers (other than ‘‘(bb)’’ on line 12, and insert the following: An alien who is 18 years of age or older is in- employers covered by item (aa)) who employ ‘‘(bb) conduct annual audits of not less eligible for registered provisional immigrant nonimmigrants described in section than .05 percent of employers (other than status if the Secretary determines that the 101(a)(15)(L) during the applicable calendar employers covered by item (aa)) who employ alien— year; and’’. (1) is a member of a criminal gang (as de- nonimmigrants described in section fined in section 101(a)(55) of the Immigration SA 1573. Mr. GRASSLEY submitted 101(a)(15)(L) during the applicable calendar and Nationality Act, as amended by sub- an amendment intended to be proposed year; and ‘‘(cc) section (a)) unless the alien can demonstrate to amendment SA 1183 submitted by by clear and convincing evidence that the Mr. LEAHY (for himself and Mr. HATCH) SA 1576. Mr. GRASSLEY submitted alien did not know, and should not reason- to the bill S. 744, to provide for com- an amendment intended to be proposed ably have known, that the organization was prehensive immigration reform and for a criminal gang; and to amendment SA 1183 submitted by (2) has been determined by the Secretary other purposes; which was ordered to Mr. LEAHY (for himself and Mr. HATCH) to be a danger to the community. lie on the table; as follows: to the bill S. 744, to provide for com- In title IV, on page 56, lines 1 and 2, strike prehensive immigration reform and for SA 1571. Mr. GRASSLEY submitted ‘‘if the employer is an H–1B skilled worker other purposes; which was ordered to an amendment intended to be proposed dependent employer,’’. lie on the table; as follows: to amendment SA 1183 submitted by SA 1574. Mr. GRASSLEY submitted Beginning on page 534 of the amendment, Mr. LEAHY (for himself and Mr. HATCH) strike line 7 and all that follows through to the bill S. 744, to provide for com- an amendment intended to be proposed to amendment SA 1183 submitted by page 621, line 8, and insert the following: prehensive immigration reform and for ‘‘(D) GENERAL PARTICIPATION REQUIREMENT Mr. LEAHY (for himself and Mr. HATCH) other purposes; which was ordered to FOR NEW EMPLOYEES.—All employers in the lie on the table; as follows: to the bill S. 744, to provide for com- United States shall participate in the Sys- prehensive immigration reform and for At the appropriate place, insert the fol- tem, with respect to all employees hired by lowing: other purposes; which was ordered to such employers on or after the date that is 18 SEC. ll. IDENTITY THEFT. lie on the table; as follows: months after the date of the enactment of (a) FRAUD.—Section 1028 of title 18, United In title IV, on page 81, after line 25, add the the Border Security, Economic Opportunity, States Code, is amended— following: and Immigration Modernization Act. (1) in subsection (a)(7), by striking ‘‘of an- SEC. 4226. SUSPENSION OF EMPLOYER PARTICI- ‘‘(E) IMMIGRATION LAW VIOLATORS.— other person’’ and inserting ‘‘that is not his PATION IN H–1B VISA PROGRAM. ‘‘(i) ORDERS FINDING VIOLATIONS.—An order or her own’’; and Section 212(n)(2) (8 U.S.C. 1182(n)(2), as finding any employer to have violated this (2) in subsection (b)(3)— amended by this chapter, is further amend- section or section 274C may, in the Sec- (A) in subparagraph (B), by striking ‘‘or’’ ed— retary’s discretion, require the employer to at the end; (1) by redesignating subparagraph (I) as participate in the System with respect to (B) in subparagraph (C), by adding ‘‘or’’ at subparagraph (L); and newly hired employees and employees with the end; and (2) by inserting after subparagraph (H) the expiring temporary employment authoriza- (C) by adding at the end the following: following: tion documents, if such employer is not oth- ‘‘(D) to facilitate or assist in harboring or ‘‘(I) The Secretary of Homeland Security erwise required to participate in the System hiring unauthorized workers in violation of shall suspend an employer’s ability to peti- under this section. The Secretary shall mon- section 274, 274A, or 274C of the Immigration tion for H–1B nonimmigrants for not less itor such employer’s compliance with Sys- and Nationality Act (8 U.S.C. 1324, 1324a, and than 2 years if such employer violates this tem procedures. 1324c);’’. subsection or if the Secretary determines the ‘‘(ii) PATTERN OR PRACTICE OF VIOLATIONS.— (b) AGGRAVATED IDENTITY THEFT.—Section existence of 1 or more of the following condi- The Secretary may require an employer that 1028A(a) of such title is amended by striking tions with respect to the employer: is required to participate in the System with ‘‘of another person’’ both places it appears ‘‘(i) The employer has not taken good faith respect to newly hired employees to partici- and inserting ‘‘that is not his or her own’’. efforts to recruit United States workers. pate in the System with respect to the em- ‘‘(ii) An H–1B nonimmigrant is working at ployer’s current employees if the Secretary SA 1572. Mr. GRASSLEY submitted locations not covered by a valid labor condi- or other appropriate authority has reason- an amendment intended to be proposed tion application. able cause to believe that the employer is, or to amendment SA 1183 submitted by ‘‘(iii) An H–1B nonimmigrant is not receiv- has been, engaged in a material violation of ing the wage that the petitioning employer this section. Mr. LEAHY (for himself and Mr. HATCH) attested to in the labor condition applica- ‘‘(F) VOLUNTARY PARTICIPATION.—The Sec- to the bill S. 744, to provide for com- tion. retary may permit any employer that is not prehensive immigration reform and for ‘‘(iv) An H–1B nonimmigrant has been required to participate in the System under other purposes; which was ordered to benched without pay or with reduced pay. this section to do so on a voluntary basis. lie on the table; as follows: ‘‘(v) An H–1B nonimmigrant is performing ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI- At the appropriate place, insert the fol- job duties that were not consistent with the PATE.— lowing: position description provided by the em- ‘‘(A) IN GENERAL.—Except as provided in SEC. lll. ANNUAL AUDITS OF EMPLOYERS OF ployer. subparagraph (B), the failure, other than a H–1B AND L NONIMMIGRANTS. ‘‘(vi) The employer deducts the fees associ- de minimis or inadvertent failure, of an em- (a) H–1B NONIMMIGRANTS.—Section ated with filing the H–1B petition from the ployer that is required to participate in the 212(n)(2)(A)(ii)(III) (8 U.S.C. 1182 H–1B nonimmigrant’s salary. System to comply with the requirements of (n)(2)(A)(ii)(III)), as added by section 4221, is ‘‘(vii) The employer forged signatures or the System with respect to an individual— amended— documents relating to the Form I-129 peti- ‘‘(i) shall be treated as a violation of sub- (1) in item ‘‘(aa)’’, by striking ‘‘and’’ at the tion, including documents relating to degree section (a)(1)(B) with respect to that indi- end; and work experience letters.’’. vidual; and

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‘‘(ii) creates a rebuttable presumption that condition of employment dependent on the ‘‘(ii) CONFIRMATION UPON INITIAL INQUIRY.— the employer has violated paragraph (1)(A) receipt of a confirmation of identity and em- If the employer receives an appropriate con- or (2) of subsection (a). ployment authorized status by the System. firmation of an individual’s identity and em- ‘‘(B) EXCEPTION.— ‘‘(iii) REVERIFICATION.—If an individual has ployment authorized status under the Sys- ‘‘(i) IN GENERAL.—Subparagraph (A) shall a limited period of employment authorized tem, the employer shall record the confirma- not apply in a criminal prosecution. status, the individual’s employer shall tion in such manner as the Secretary may ‘‘(ii) USE AS EVIDENCE.—Nothing in this reverify such status through the System not specify. paragraph may be construed to limit the use later than 3 business days after the last day ‘‘(iii) FURTHER ACTION NOTICE AND LATER in the prosecution of a Federal crime, in a of such period. CONFIRMATION OR NONCONFIRMATION.— manner otherwise consistent with Federal ‘‘(iv) OTHER EMPLOYMENT.—For employers ‘‘(I) NOTIFICATION AND ACKNOWLEDGMENT criminal law and procedure, of evidence re- directed by the Secretary to participate in THAT FURTHER ACTION IS REQUIRED.—Not later lating to the employer’s failure to comply the System under paragraph (2)(C)(i) to pro- than 3 business days after an employer re- with requirements of the System. tect critical infrastructure or otherwise ceives a further action notice of an individ- ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE specified circumstances in this section to ual’s identity or employment eligibility SYSTEM.— verify their entire workforce, the System under the System, or during such other rea- ‘‘(A) IN GENERAL.—An employer partici- may be used for initial verification of an in- sonable time as the Secretary may prescribe, pating in the System shall register such par- dividual who was hired before the employer the employer shall notify the individual for ticipation with the Secretary and, when hir- became subject to the System, and the em- whom the confirmation is sought of the fur- ing any individual for employment in the ther action notice and any procedures speci- ployer shall initiate all required procedures United States, shall comply with the fol- fied by the Secretary for addressing such noon or before such date as the Secretary shall lowing: tice. The further action notice shall be given specify. ‘‘(i) REGISTRATION OF EMPLOYERS.—The to the individual in writing and the em- ‘‘(v) NOTIFICATION.— Secretary, through notice in the Federal ployer shall acknowledge in the System ‘‘(I) IN GENERAL.—The Secretary shall pro- Register, shall prescribe procedures that em- under penalty of perjury that it provided the vide, and the employer shall utilize, as part ployers shall be required to follow to register employee with the further action notice. The of the System, a method of notifying em- with the System. individual shall affirmatively acknowledge ployers of a confirmation or nonconfirma- ‘‘(ii) UPDATING INFORMATION.—The em- in writing, or in such other manner as the ployer is responsible for providing notice of tion of an individual’s identity and employ- Secretary may specify, the receipt of the fur- any change to the information required ment authorized status, or a notice that further action notice from the employer. If the under subclauses (I), (II), and (III) of clause ther action is required to verify such iden- individual refuses to acknowledge the re- (v) before conducting any further inquiries tity or employment eligibility (referred to in ceipt of the further action notice, or ac- within the System, or on such other schedule this subsection as a ‘further action notice’). knowledges in writing that the individual as the Secretary may prescribe. ‘‘(II) PROCEDURES.—The Secretary shall— will not contest the further action notice ‘‘(iii) TRAINING.—The Secretary shall re- ‘‘(aa) directly notify the individual and the under subclause (II), the employer shall no- quire employers to undergo such training as employer, by means of electronic cor- tify the Secretary in such manner as the the Secretary determines to be necessary to respondence, mail, text message, telephone, Secretary may specify. ensure proper use, protection of civil rights or other direct communication, of a noncon- ‘‘(II) CONTEST.—Not later than 10 business and civil liberties, privacy, integrity, and se- firmation or further action notice; days after receiving notification of a further curity of the System. To the extent prac- ‘‘(bb) provide information about filing an action notice under subclause (I), the indi- ticable, such training shall be made avail- administrative appeal under paragraph (6) vidual shall contact the appropriate Federal able electronically on the U.S. Citizenship and a filing for review before an administra- agency and, if the Secretary so requires, ap- and Immigration Services website. tive law judge under paragraph (7); and pear in person for purposes of verifying the ‘‘(iv) NOTIFICATION TO EMPLOYEES.—The ‘‘(cc) establish procedures to directly no- individual’s identity and employment eligi- employer shall inform individuals hired for tify the individual and the employer of a bility. The Secretary, in consultation with employment that the System— confirmation. the Commissioner and other appropriate ‘‘(I) will be used by the employer; ‘‘(III) IMPLEMENTATION.—The Secretary Federal agencies, shall specify an available ‘‘(II) may be used for immigration enforce- may provide for a phased-in implementation secondary verification procedure to confirm ment purposes; and of the notification requirements under this the validity of information provided and to ‘‘(III) may not be used to discriminate or clause, as appropriate. The notification sys- provide a confirmation or nonconfirmation. to take adverse action against a national of tem shall cover all inquiries not later than 1 Any procedures for reexamination shall not the United States or an alien who has em- year from the date of the enactment of the limit in any way an employee’s right to ap- ployment authorized status. Border Security, Economic Opportunity, and peal a nonconfirmation. ‘‘(v) PROVISION OF ADDITIONAL INFORMA- Immigration Modernization Act. ‘‘(III) NO CONTEST.—If the individual re- TION.—The employer shall obtain from the ‘‘(vi) BEFORE HIRING.—An employer may fuses to acknowledge receipt of the further individual (and the individual shall provide) use the System to confirm the identity and action notice, acknowledges that the indi- and shall record in such manner as the Sec- employment authorized status of any individual will not contest the further action no- retary may specify— vidual before the individual is hired, re- tice as provided in subclause (I), or does not ‘‘(I) the individual’s social security ac- cruited, or referred if the individual consents contact the appropriate Federal agency count number; to such verification. If an employer receives within the period specified in subclause (II), ‘‘(II) if the individual does not attest to a tentative nonconfirmation for such indi- following expiration of the period specified United States citizenship or status as a na- vidual, the employer shall comply with pro- in subclause (II), a nonconfirmation shall be tional of the United States under subsection cedures prescribed by the Secretary, includ- issued. The employer shall record the non- (c)(2), such identification or authorization ing— confirmation in such manner as the Sec- number established by the Department as ‘‘(I) providing the individual employees retary may specify and terminate the indi- the Secretary shall specify; and with private, written notification of the find- vidual’s employment. An individual’s failure ‘‘(III) such other information as the Sec- ing and written referral instructions; to contest a further action notice shall not retary may require to determine the identity ‘‘(II) allowing the individual to contest the be considered an admission of guilt with re- and employment authorization of an indi- finding; and spect to any violation of this section or any vidual. ‘‘(III) not taking adverse action against provision of law. ‘‘(vi) PRESENTATION OF DOCUMENTATION.— the individual if the individual chooses to ‘‘(IV) CONFIRMATION OR NONCONFIRMATION.— The employer, and the individual whose contest the finding. Unless the period is extended in accordance identity and employment authorized status ‘‘(C) CONFIRMATION OR NONCONFIRMATION.— with this subclause, the System shall pro- are being confirmed, shall fulfill the require- ‘‘(i) INITIAL RESPONSE.— vide a confirmation or nonconfirmation not ments under subsection (c). ‘‘(I) IN GENERAL.—Except as provided in later than 10 business days after the date on ‘‘(B) SEEKING CONFIRMATION.— subclause (II), the System shall provide— which the individual contests the further ac- ‘‘(i) IN GENERAL.—An employer shall use ‘‘(aa) a confirmation of an individual’s tion notice under subclause (II). If the Sec- the System to confirm the identity and em- identity and employment authorized status retary determines that good cause exists, ployment authorized status of any individual or a further action notice at the time of the after taking into account adverse impacts to during— inquiry; and the employer, and including time to permit ‘‘(I) the period beginning on the date on ‘‘(bb) an appropriate code indicating such the individual to obtain and provide needed which the individual accepts an offer of em- confirmation or such further action notice. evidence of identity or employment eligi- ployment and ending 3 business days after ‘‘(II) ALTERNATIVE DEADLINE.—If the Sys- bility, the Secretary shall extend the period the date on which employment begins; or tem is unable to provide immediate con- for providing confirmation or nonconfirma- ‘‘(II) such other reasonable period as the firmation or further action notice for tech- tion for stated periods beyond 10 business Secretary may prescribe. nological reasons or due to unforeseen cir- days. When confirmation or nonconfirmation ‘‘(ii) LIMITATION.—An employer may not cumstances, the System shall provide a con- is provided, the confirmation system shall make the starting date of an individual’s em- firmation or further action notice not later provide an appropriate code indicating such ployment or training or any other term and than 3 business days after the initial inquiry. confirmation or nonconfirmation.

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‘‘(V) REEXAMINATION.—Nothing in this sec- ant Secretary for Immigration and Customs and security standards prescribed by the tion shall prevent the Secretary from estab- Enforcement that includes, for each indi- Secretary; lishing procedures to reexamine a case where vidual who receives final nonconfirmation ‘‘(ii) for ensuring that designated agents a confirmation or nonconfirmation has been through the System— and other System service providers are sub- provided if subsequently received informa- ‘‘(I) the name of such individual; ject to monitoring to the same extent as di- tion indicates that the confirmation or non- ‘‘(II) his or her social security number or rect access users; and confirmation may not have been correct. alien file number; ‘‘(iii) for establishing standards for certifi- Any procedures for reexamination shall not ‘‘(III) the name and contact information cation of electronic I–9 programs. limit in any way an employee’s right to ap- for his or her current employer; and ‘‘(G) REQUIREMENT TO PROVIDE INFORMA- peal a nonconfirmation. ‘‘(IV) any other critical information that TION.— ‘‘(VI) EMPLOYEE PROTECTIONS.—An em- the Assistant Secretary determines to be ap- ‘‘(i) IN GENERAL.—No later than 3 months ployer may not terminate employment or propriate. after the date of the enactment of the Border take any other adverse action against an in- ‘‘(E) OBLIGATION TO RESPOND TO QUERIES Security, Economic Opportunity, and Immi- dividual solely because of a failure of the in- AND ADDITIONAL INFORMATION.— gration Modernization Act, the Secretary, in dividual to have identity and employment ‘‘(i) IN GENERAL.—Employers shall comply consultation with the Secretary of Labor, eligibility confirmed under this subsection with requests for information from the Sec- the Secretary of Agriculture, the Commis- until— retary and the Special Counsel for Immigra- sioner, the Attorney General, the Equal Em- ‘‘(aa) a nonconfirmation has been issued; tion-Related Unfair Employment Practices ployment Opportunity Commission, and the ‘‘(bb) if the further action notice was con- of the Department of Justice, including que- Administrator of the Small Business Admin- tested, the period to timely file an adminis- ries concerning current and former employ- istration, shall commence a campaign to dis- trative appeal has expired without an appeal ees, within the time frame during which seminate information respecting the proce- or the contestation to the further action no- records are required to be maintained under dures, rights, and remedies prescribed under tice is withdrawn; or this section regarding such former employ- this section. ‘‘(cc) if an appeal before an administrative ees, if such information relates to the func- ‘‘(ii) CAMPAIGN REQUIREMENTS.—The cam- law judge under paragraph (7) has been filed, tioning of the System, the accuracy of the paign authorized under clause (i)— the nonconfirmation has been upheld or the responses provided by the System, or any ‘‘(I) shall be aimed at increasing the appeal has been withdrawn or dismissed. suspected misuse, discrimination, fraud, or knowledge of employers, employees, and the ‘‘(iv) NOTICE OF NONCONFIRMATION.—Not identity theft in the use of the System. Fail- general public concerning employer and em- later than 3 business days after an employer ure to comply with a request under this ployee rights, responsibilities, and remedies receives a nonconfirmation, or during such clause constitutes a violation of subsection under this section; and other reasonable time as the Secretary may (a)(1)(B). ‘‘(II) shall be coordinated with the public provide, the employer shall notify the indi- ‘‘(ii) ACTION BY INDIVIDUALS.— education campaign conducted by U.S. Citi- vidual who is the subject of the nonconfirma- ‘‘(I) IN GENERAL.—Individuals being zenship and Immigration Services. tion, and provide information about filing an verified through the System may be required ‘‘(iii) ASSESSMENT.—The Secretary shall administrative appeal pursuant to paragraph to take further action to address questions assess the success of the campaign in achiev- (6) and a request for a hearing before an ad- identified by the Secretary or the Commis- ing the goals of the campaign. ministrative law judge pursuant to para- sioner regarding the documents relied upon ‘‘(iv) AUTHORITY TO CONTRACT.—In order to graph (7). The nonconfirmation notice shall for purposes of subsection (c). carry out and assess the campaign under this be given to the individual in writing and the ‘‘(II) NOTIFICATION.—Not later than 3 busi- subparagraph, the Secretary may, to the ex- employer shall acknowledge in the System ness days after the receipt of such questions tent deemed appropriate and subject to the under penalty of perjury that it provided the regarding an individual, or during such other availability of appropriations, contract with notice (or adequately attempted to provide reasonable time as the Secretary may pre- public and private organizations for outreach notice, but was unable to do so despite rea- scribe, the employer shall— and assessment activities under the cam- sonable efforts). The individual shall affirm- ‘‘(aa) notify the individual of any such re- paign. atively acknowledge in writing, or in such quirement for further actions; and ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.— other manner as the Secretary may pre- ‘‘(bb) record the date and manner of such There are authorized to be appropriated to scribe, the receipt of the nonconfirmation notification. carry out this paragraph $40,000,000 for each notice from the employer. If the individual ‘‘(III) ACKNOWLEDGMENT.—The individual of the fiscal years 2014 through 2016. refuses or fails to acknowledge the receipt of shall acknowledge the notification received ‘‘(H) AUTHORITY TO MODIFY INFORMATION the nonconfirmation notice, the employer from the employer under subclause (II) in REQUIREMENTS.—Based on a regular review of shall notify the Secretary in such manner as writing, or in such other manner as the Sec- the System and the document verification the Secretary may prescribe. retary may prescribe. procedures to identify misuse or fraudulent ‘‘(D) CONSEQUENCES OF NONCONFIRMATION.— ‘‘(iii) RULEMAKING.— use and to assess the security of the docu- ‘‘(i) TERMINATION OF CONTINUED EMPLOY- ‘‘(I) IN GENERAL.—The Secretary, in con- ments and processes used to establish iden- MENT.—Except as provided in clause (iii), an sultation with the Commissioner and the At- tity or employment authorized status, the employer that has received a nonconfirma- torney General, is authorized to issue regula- Secretary, in consultation with the Commis- tion regarding an individual and has made tions implementing, clarifying, and sioner, after publication of notice in the Fed- reasonable efforts to notify the individual in supplementing the requirements under this eral Register and an opportunity for public accordance with subparagraph (C)(iv) shall subparagraph— comment, may modify, if the Secretary de- terminate the employment of the individual ‘‘(aa) to facilitate the functioning, accu- termines that the modification is necessary upon the expiration of the time period speci- racy, and fairness of the System; to ensure that the System accurately and re- fied in paragraph (7). ‘‘(bb) to prevent misuse, discrimination, liably determines the identity and employ- ‘‘(ii) CONTINUED EMPLOYMENT AFTER NON- fraud, or identity theft in the use of the Sys- ment authorized status of employees and CONFIRMATION.—If the employer continues to tem; or maintain existing protections against mis- employ an individual after receiving noncon- ‘‘(cc) to protect and maintain the confiden- use, discrimination, fraud, and identity firmation and exhaustion of all appeals or tiality of information that could be used to theft— expiration of all rights to appeal if not ap- locate or otherwise place at risk of harm vic- ‘‘(i) the information that shall be pre- pealed, in violation of clause (i), a rebuttable tims of domestic violence, dating violence, sented to the employer by an individual; presumption is created that the employer sexual assault, stalking, and human traf- ‘‘(ii) the information that shall be provided has violated paragraphs (1)(A) and (2) of sub- ficking, and of the applicant or beneficiary to the System by the employer; and section (a). Such presumption shall not of any petition described in section 384(a)(2) ‘‘(iii) the procedures that shall be followed apply in any prosecution under subsection of the Illegal Immigration Reform and Immi- by employers with respect to the process of (k)(1). grant Responsibility Act of 1996 (8 U.S.C. verifying an individual through the System. ‘‘(iii) EFFECT OF ADMINISTRATIVE APPEAL OR 1367(a)(2)). ‘‘(I) SELF-VERIFICATION.—Subject to appro- REVIEW BY ADMINISTRATIVE LAW JUDGE.—If an ‘‘(II) NOTICE.—The regulations issued under priate safeguards to prevent misuse of the individual files an administrative appeal of subclause (I) shall be— system, the Secretary, in consultation with the nonconfirmation within the time period ‘‘(aa) published in the Federal Register; the Commissioner, shall establish a secure specified in paragraph (6)(A), or files for re- and self-verification procedure to permit an indi- view with an administrative law judge speci- ‘‘(bb) provided directly to all employers vidual who seeks to verify the individual’s fied in paragraph (7)(A), the employer shall registered in the System. own employment eligibility to contact the not terminate the individual’s employment ‘‘(F) DESIGNATED AGENTS.—The Secretary appropriate agency and, in a timely manner, under this subparagraph prior to the resolu- shall establish a process— correct or update the information contained tion of the administrative appeal unless the ‘‘(i) for certifying, on an annual basis or at in the System. Secretary or Commissioner terminates the such times as the Secretary may prescribe, ‘‘(5) PROTECTION FROM LIABILITY FOR AC- stay under paragraph (6)(B) or (7)(B). designated agents and other System service TIONS TAKEN ON THE BASIS OF INFORMATION ‘‘(iv) WEEKLY REPORT.—The Director of providers seeking access to the System to PROVIDED BY THE SYSTEM.—An employer shall U.S. Citizenship and Immigration Services perform verification queries on behalf of em- not be liable to a job applicant, an employee, shall submit a weekly report to the Assist- ployers, based upon training, usage, privacy, the Federal Government, or a State or local

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government, under Federal, State, or local ‘‘(D) AUTHORITY OF ADMINISTRATIVE LAW which the individual was not in employment criminal or civil law for any employment-re- JUDGE.— authorized status. lated action taken with respect to a job ap- ‘‘(i) RULES OF PRACTICE.—The Secretary ‘‘(iii) PAYMENT OF COMPENSATION.—Not- plicant or employee in good faith reliance on shall promulgate regulations regarding the withstanding any other law, payment of information provided by the System. rules of practice in appeals brought pursuant compensation for lost wages, costs, and at- ‘‘(6) ADMINISTRATIVE APPEAL.— to this subsection. torneys’ fees under this paragraph, or com- ‘‘(A) IN GENERAL.—An individual who is no- ‘‘(ii) AUTHORITY OF ADMINISTRATIVE LAW promise settlements of the same, shall be tified of a nonconfirmation may, not later JUDGE.—The administrative law judge shall made as provided by section 1304 of title 31, than 10 business days after the date that have power to— United States Code. Appropriations made such notice is received, file an administra- ‘‘(I) terminate a stay of a nonconfirmation available to the Secretary or the Commis- tive appeal of such nonconfirmation with the under subparagraph (B) if the administrative sioner, accounts provided for under section Commissioner if the notice is based on law judge determines that the action is friv- 286, and funds from the Federal Old-Age and records maintained by the Commissioner, or olous or filed for purposes of delay; Survivors Insurance Trust Fund or the Fed- in any other case, with the Secretary. An in- ‘‘(II) adduce evidence at a hearing; eral Disability Insurance Trust Fund shall dividual who did not timely contest a further ‘‘(III) compel by subpoena the attendance not be available to pay such compensation. action notice timely received by that indi- of witnesses and the production of evidence vidual for which the individual acknowl- at any designated place or hearing; ‘‘(G) APPEAL.—No later than 45 days after edged receipt may not be granted a review ‘‘(IV) resolve claims of identity theft; and the entry of such final order, any person ad- under this paragraph. ‘‘(V) enter, upon the pleadings and any evi- versely affected by such final order may seek ‘‘(B) ADMINISTRATIVE STAY OF NONCON- dence adduced at a hearing, a decision af- review of such order in the United States FIRMATION.—The nonconfirmation shall be firming or reversing the result of the agency, Court of Appeals for the circuit in which the automatically stayed upon the timely filing with or without remanding the cause for a violation is alleged to have occurred or in of an administrative appeal, unless the non- rehearing. which the employer resides or transacts confirmation resulted after the individual ‘‘(iii) SUBPOENA.—In case of contumacy or business. acknowledged receipt of the further action refusal to obey a subpoena lawfully issued ‘‘(8) MANAGEMENT OF THE SYSTEM.— notice but failed to contact the appropriate under this section and upon application of ‘‘(A) IN GENERAL.—The Secretary is author- agency within the time provided. The stay the administrative law judge, an appropriate ized to establish, manage, and modify the shall remain in effect until the resolution of district court of the United States may issue System, which shall— the appeal, unless the Secretary or the Com- an order requiring compliance with such sub- ‘‘(i) respond to inquiries made by partici- missioner terminates the stay based on a de- poena and any failure to obey such order pating employers at any time through the termination that the administrative appeal may be punished by such court as a con- internet, or such other means as the Sec- is frivolous or filed for purposes of delay. tempt of such court. retary may designate, concerning an individ- ‘‘(C) REVIEW FOR ERROR.—The Secretary ‘‘(iv) TRAINING.—An administrative law ual’s identity and whether the individual is and the Commissioner shall develop proce- judge hearing cases shall have special train- in employment authorized status; dures for resolving administrative appeals ing respecting employment authorized status ‘‘(ii) maintain records of the inquiries that regarding nonconfirmations based upon the verification. were made, of confirmations provided (or not information that the individual has pro- ‘‘(E) ORDER BY ADMINISTRATIVE LAW provided), and of the codes provided to em- vided, including any additional evidence or JUDGE.— ployers as evidence of their compliance with argument that was not previously consid- ‘‘(i) IN GENERAL.—The administrative law their obligations under the System; and ered. Any such additional evidence or argu- judge shall issue and cause to be served to ‘‘(iii) provide information to, and require ment shall be filed within 10 business days of the parties in the proceeding an order which action by, employers and individuals using the date the appeal was originally filed. Ap- may be appealed as provided in subparagraph the System. peals shall be resolved within 20 business (G). ‘‘(B) DESIGN AND OPERATION OF SYSTEM.— days after the individual has submitted all ‘‘(ii) CONTENTS OF ORDER.—Such an order The System shall be designed and operated— evidence and arguments the individual wish- shall uphold or reverse the final determina- ‘‘(i) to maximize its reliability and ease of es to submit, or has stated in writing that tion on the request for reconsideration and use by employers consistent with protecting there is no additional evidence that the indi- order lost wages and other appropriate rem- the privacy and security of the underlying vidual wishes to submit. The Secretary and edies as provided in subparagraph (F). information, and ensuring full notice of such the Commissioner may, on a case by case ‘‘(F) COMPENSATION FOR ERROR.— use to employees; basis for good cause, extend the filing and ‘‘(i) IN GENERAL.—In cases in which the ad- ‘‘(ii) to maximize its ease of use by em- submission period in order to ensure accu- ministrative law judge reverses the final de- ployees, including direct notification of its rate resolution of an appeal before the Sec- termination of the Secretary or the Commis- use, of results, and ability to challenge re- retary or the Commissioner. sioner made under paragraph (6), and the ad- sults; ‘‘(D) PREPONDERANCE OF EVIDENCE.—Ad- ministrative law judge finds that— ‘‘(iii) to respond accurately to all inquiries ministrative appeal under this paragraph ‘‘(I) the nonconfirmation was due to gross made by employers on whether individuals shall be limited to whether a nonconfirma- negligence or intentional misconduct of the are authorized to be employed and to reg- tion notice is supported by a preponderance employer, the administrative law judge may of the evidence. order the employer to pay the individual lost ister any times when the system is unable to receive inquiries; ‘‘(E) DAMAGES, FEES, AND COSTS.—No wages, and reasonable costs and attorneys’ money damages, fees or costs may be award- fees incurred during administrative and judi- ‘‘(iv) to maintain appropriate administra- ed in the administrative appeal process cial review; or tive, technical, and physical safeguards to under this paragraph. ‘‘(II) such final determination was erro- prevent unauthorized disclosure of personal ‘‘(7) REVIEW BY ADMINISTRATIVE LAW neous by reason of the negligence of the Sec- information, misuse by employers and em- JUDGE.— retary or the Commissioner, the administra- ployees, and discrimination; ‘‘(A) IN GENERAL.—Not later than 30 days tive law judge may order the Secretary or ‘‘(v) to require regularly scheduled re- after the date an individual receives a final the Commissioner to pay the individual lost fresher training of all users of the System to determination on an administrative appeal wages, and reasonable costs and attorneys’ ensure compliance with all procedures; under paragraph (6), the individual may ob- fees incurred during the administrative ap- ‘‘(vi) to allow for auditing of the use of the tain review of such determination by filing a peal and the administrative law judge re- System to detect misuse, discrimination, complaint with a Department of Justice ad- view. fraud, and identity theft, to protect privacy ministrative law judge in accordance with ‘‘(ii) CALCULATION OF LOST WAGES.—Lost and assess System accuracy, and to preserve this paragraph. wages shall be calculated based on the wage the integrity and security of the information ‘‘(B) STAY OF NONCONFIRMATION.—The non- rate and work schedule that prevailed prior in all of the System, including— confirmation related to such final deter- to termination. The individual shall be com- ‘‘(I) to develop and use tools and processes mination shall be automatically stayed upon pensated for wages lost beginning on the to detect or prevent fraud and identity theft, the timely filing of a complaint under this first scheduled work day after employment such as multiple uses of the same identifying paragraph, and the stay shall remain in ef- was terminated and ending 120 days after information or documents to fraudulently fect until the resolution of the complaint, completion of the administrative law judge’s gain employment; unless the administrative law judge deter- review described in this paragraph or the day ‘‘(II) to develop and use tools and processes mines that the action is frivolous or filed for after the individual is reinstated or obtains to detect and prevent misuse of the system purposes of delay. employment elsewhere, whichever occurs by employers and employees; ‘‘(C) SERVICE.—The respondent to com- first. If the individual obtains employment ‘‘(III) to develop tools and processes to de- plaint filed under this paragraph is either elsewhere at a lower wage rate, the indi- tect anomalies in the use of the system that the Secretary or the Commissioner, but not vidual shall be compensated for the dif- may indicate potential fraud or misuse of both, depending upon who issued the admin- ference in wages for the period ending 120 the system; istrative order under paragraph (6). In addi- days after completion of the administrative ‘‘(IV) to audit documents and information tion to serving the respondent, the plaintiff law judge review process. No lost wages shall submitted by employees to employers, in- shall serve the Attorney General. be awarded for any period of time during cluding authority to conduct interviews with

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employers and employees, and obtain infor- percent for the previous fiscal year, the civil ‘‘(iv) USE OF INFORMATION.—The Secretary mation concerning employment from the penalty assessable by the Secretary or an ad- shall perform regular audits under the Sys- employer; ministrative law judge under that subsection tem, as described in subparagraph (B)(vi) and ‘‘(vii) to confirm identity and employment for each first-time violation by an employer shall utilize the information obtained from authorization through verification and com- who has not previously been penalized under such audits, as well as any information ob- parison of records as determined necessary this section may not exceed $1,000. tained from the Commissioner pursuant to by the Secretary; ‘‘(iv) RECORDS SECURITY PROGRAM.—Any part E of title XI of the Social Security Act ‘‘(viii) to confirm electronically the person, including a private third party ven- (42 U.S.C. 1301 et seq.), for the purposes of issuance of the employment authorization or dor, who retains document verification or this section and to administer and enforce identity document and— System data pursuant to this section shall the immigration laws. ‘‘(I) if such photograph is available, to dis- implement an effective records security pro- ‘‘(v) IDENTITY FRAUD PROTECTION.—To pre- play the digital photograph that the issuer gram that— vent identity fraud, not later than 18 months placed on the document so that the employer ‘‘(I) ensures that only authorized personnel after the date of the enactment of the Border can compare the photograph displayed to the have access to document verification or Sys- Security, Economic Opportunity, and Immi- photograph on the document presented by tem data; and gration Modernization Act, the Secretary the employee; or ‘‘(II) ensures that whenever such data is ‘‘(II) if a photograph is not available from created, completed, updated, modified, al- shall— the issuer, to confirm the authenticity of the tered, or corrected in electronic format, a se- ‘‘(I) in consultation with the Commis- document using such alternative procedures cure and permanent record is created that sioner, establish a program to provide a reli- as the Secretary may specify; and establishes the date of access, the identity of able, secure method for an individual to tem- ‘‘(ix) to provide appropriate notification the individual who accessed the electronic porarily suspend or limit the use of the indi- directly to employers registered with the record, and the particular action taken. vidual’s social security account number or System of all changes made by the Secretary ‘‘(v) RECORDS SECURITY PROGRAM.—In addi- other identifying information for or the Commissioner related to allowed and tion to the security measures described in verification by the System; and prohibited documents, and use of the Sys- clause (iv), a private third party vendor who ‘‘(II) for each individual being verified tem. retains document verification or System through the System— ‘‘(C) SAFEGUARDS TO THE SYSTEM.— data pursuant to this section shall imple- ‘‘(aa) notify the individual that the indi- ‘‘(i) REQUIREMENT TO DEVELOP.—The Sec- ment an effective records security program vidual has the option to limit the use of the retary, in consultation with the Commis- that— individual’s social security account number sioner and other appropriate Federal and ‘‘(I) provides for backup and recovery of or other identifying information for State agencies, shall develop policies and any records maintained in electronic format verification by the System; and procedures to ensure protection of the pri- to protect against information loss, such as ‘‘(bb) provide instructions to the individ- vacy and security of personally identifiable power interruptions; and uals for exercising the option referred to in information and identifiers contained in the ‘‘(II) ensures that employees are trained to item (aa). records accessed or maintained by the Sys- minimize the risk of unauthorized or acci- ‘‘(vi) ALLOWING PARENTS TO PREVENT THEFT tem. The Secretary, in consultation with the dental alteration or erasure of such data in OF THEIR CHILD’S IDENTITY.—The Secretary, Commissioner and other appropriate Federal electronic format. in consultation with the Commissioner, shall and State agencies, shall develop and deploy ‘‘(vi) AUTHORIZED PERSONNEL DEFINED.—In establish a program that provides a reliable, appropriate privacy and security training for this subparagraph, the term ‘authorized per- secure method by which parents or legal the Federal and State employees accessing sonnel’ means anyone registered as a System guardians may suspend or limit the use of the records under the System. user, or anyone with partial or full responsi- the social security account number or other ‘‘(ii) PRIVACY AUDITS.—The Secretary, act- bility for completion of employment author- identifying information of a minor under ing through the Chief Privacy Officer of the ization verification or retention of data in their care for the purposes of the System. Department, shall conduct regular privacy connection with employment authorization The Secretary may implement the program audits of the policies and procedures estab- verification on behalf of an employer. on a limited pilot program basis before mak- lished under clause (i), including any collec- ‘‘(D) AVAILABLE FACILITIES AND ALTER- ing it fully available to all individuals. tion, use, dissemination, and maintenance of NATIVE ACCOMMODATIONS.—The Secretary ‘‘(vii) PROTECTION FROM MULTIPLE USE.— personally identifiable information and any shall make appropriate arrangements and The Secretary and the Commissioner shall associated information technology systems, develop standards to allow employers or em- establish a procedure for identifying and as well as scope of requests for this informa- ployees, including remote hires, who are oth- handling a situation in which a social secu- tion. The Chief Privacy Officer shall review erwise unable to access the System to use rity account number has been identified to the results of the audits and recommend to electronic and telephonic formats (including be subject to unusual multiple use in the the Secretary any changes necessary to im- video conferencing, scanning technology, System or is otherwise suspected or deter- prove the privacy protections of the pro- and other available technologies), Federal mined to have been compromised by identity gram. Government facilities, public facilities, or fraud. ‘‘(iii) ACCURACY AUDITS.— other available locations in order to utilize ‘‘(viii) MONITORING AND COMPLIANCE UNIT.— ‘‘(I) IN GENERAL.—Not later than November the System. The Secretary shall establish or designate a 30 of each year, the Inspector General of the ‘‘(E) RESPONSIBILITIES OF THE SECRETARY.— monitoring and compliance unit to detect Department of Homeland Security shall sub- ‘‘(i) IN GENERAL.—As part of the System, mit a report to the Secretary, with a copy to the Secretary shall maintain a reliable, se- and reduce identity fraud and other misuse the President of the Senate and the Speaker cure method, which, operating through the of the System. of the House of Representatives, that sets System and within the time periods speci- ‘‘(ix) CIVIL RIGHTS AND CIVIL LIBERTIES AS- forth the error rate of the System for the fied, compares the name, alien identification SESSMENTS.— previous fiscal year and the assessments re- or authorization number, or other informa- ‘‘(I) REQUIREMENT TO CONDUCT.—The Sec- quired to be submitted by the Secretary tion as determined relevant by the Sec- retary shall conduct regular civil rights and under subparagraphs (A) and (B) of para- retary, provided in an inquiry against such civil liberties assessments of the System, in- graph (10). The report shall describe in detail information maintained or accessed by the cluding participation by employers, other the methodology employed for purposes of Secretary in order to confirm (or not con- private entities, and Federal, State, and the report, and shall make recommendations firm) the validity of the information pro- local government entities. for how error rates may be reduced. vided, the correspondence of the name and ‘‘(II) REQUIREMENT TO RESPOND.—Employ- ‘‘(II) ERROR RATE DEFINED.—In this clause, number, whether the alien has employment ers, other private entities, and Federal, the term ‘error rate’ means the percentage authorized status (or, to the extent that the State, and local entities shall timely respond determined by dividing— Secretary determines to be feasible and ap- to any request in connection with such an ‘‘(aa) the number of employment author- propriate, whether the records available to assessment. ized individuals who received further action the Secretary verify the identity or status of ‘‘(III) ASSESSMENT AND RECOMMENDA- notices, contested such notices, and were a national of the United States), and such TIONS.—The Officer for Civil Rights and Civil subsequently found to be employment au- other information as the Secretary may pre- Liberties of the Department shall review the thorized; by scribe. results of each such assessment and rec- ‘‘(bb) the number of System inquiries sub- ‘‘(ii) PHOTOGRAPH DISPLAY.—As part of the ommend to the Secretary any changes nec- mitted for employment authorized individ- System, the Secretary shall establish a reli- essary to improve the civil rights and civil uals. able, secure method, which, operating liberties protections of the System. ‘‘(III) REDUCTION OF PENALTIES FOR RECORD- through the System, displays the digital ‘‘(F) GRANTS TO STATES.— KEEPING OR VERIFICATION PRACTICES FOL- photograph described in subparagraph ‘‘(i) IN GENERAL.—The Secretary shall cre- LOWING PERSISTENT SYSTEM INACCURACIES.— (B)(viii)(I). ate and administer a grant program to help Notwithstanding subsection (e)(4)(C)(i), in ‘‘(iii) TIMING OF NOTICES.—The Secretary provide funding for States that grant— any calendar year following a report by the shall have authority to prescribe when a con- ‘‘(I) the Secretary access to driver’s license Inspector General under subclause (I) that firmation, nonconfirmation, or further ac- information as needed to confirm that a the System had an error rate higher than 0.3 tion notice shall be issued. driver’s license presented under subsection

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(c)(1)(D)(i) confirms the identity of the sub- ‘‘(v) Use of the System to deny employ- ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The ject of the System check, and that a driver’s ment or post-employment benefits or other- Secretary shall establish procedures— license matches the State’s records; and wise interfere with labor rights. ‘‘(A) for individuals and entities to file ‘‘(II) such assistance as the Secretary may ‘‘(vi) Requiring employees or applicants to complaints respecting potential violations of request in order to resolve further action no- use any self-verification feature or to pro- subsections (a) or (f)(1); tices or nonconfirmations relating to such vide self-verification results. ‘‘(B) for the investigation of those com- information. ‘‘(vii) Discouraging individuals who receive plaints which the Secretary deems appro- ‘‘(ii) CONSTRUCTION WITH THE DRIVER’S PRI- a further action notice from challenging the priate to investigate; and VACY PROTECTION ACT OF 1994.—The provision further action notice or appealing a deter- ‘‘(C) for providing notification to the Spe- of a photograph to the Secretary as de- mination made by the System. cial Counsel for Immigration-Related Unfair scribed in clause (i) may not be construed as ‘‘(E) An assessment of the rate of employee Employment Practices of the Department of a violation of section 2721 of title 18, United noncompliance in each of the following cat- Justice of potential violations of section States Code, and is a permissible use under egories: 274B. subsection (b)(1) of that section. ‘‘(i) Obtaining employment when unau- ‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con- ‘‘(iii) AUTHORIZATION OF APPROPRIATIONS.— thorized with an employer complying with ducting investigations and proceedings under There is authorized to be appropriated to the the System in good faith. this subsection— Secretary $250,000,000 to carry out this sub- ‘‘(ii) Failure to provide required documents ‘‘(A) immigration officers shall have rea- paragraph. in a timely manner. sonable access to examine evidence of the ‘‘(G) RESPONSIBILITIES OF THE SECRETARY ‘‘(iii) Attempting to use fraudulent docu- employer being investigated; OF STATE.—As part of the System, the Sec- ments or documents not related to the indi- ‘‘(B) immigration officers designated by retary of State shall provide to the Sec- vidual. the Secretary, and administrative law judges retary access to passport and visa informa- ‘‘(iv) Misuse of the administrative appeal and other persons authorized to conduct pro- tion as needed to confirm that a passport, and judicial review process. ceedings under this section, may compel by passport card, or visa presented under sub- ‘‘(F) An assessment of the amount of time subpoena the attendance of relevant wit- section (c)(1)(C) confirms the identity of the taken for— nesses and the production of relevant evi- subject of the System check, and that a pass- ‘‘(i) the System to provide the confirma- dence at any designated place in an inves- port, passport card, or visa photograph tion or further action notice; tigation or case under this subsection. In matches the Secretary of State’s records, ‘‘(ii) individuals to contest further action case of refusal to fully comply with a sub- and shall provide such assistance as the Sec- notices; poena lawfully issued under this paragraph, retary may request in order to resolve fur- ‘‘(iii) the System to provide a confirmation the Secretary may request that the Attorney ther action notices or nonconfirmations re- or nonconfirmation of a contested further General apply in an appropriate district lating to such information. action notice; court of the United States for an order re- ‘‘(H) UPDATING INFORMATION.—The Com- ‘‘(iv) individuals to file an administrative quiring compliance with the subpoena, and missioner, the Secretary, and the Secretary appeal of a nonconfirmation; and any failure to obey such order may be pun- of State shall update their information in a ‘‘(v) resolving administrative appeals re- ished by the court as contempt. Failure to manner that promotes maximum accuracy garding nonconfirmations. cooperate with the subpoena shall be subject and shall provide a process for the prompt ‘‘(11) ANNUAL GAO STUDY AND REPORT.— to further penalties, including further fines correction of erroneous information. ‘‘(A) REQUIREMENT.—The Comptroller Gen- and the voiding of any mitigation of pen- ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— eral shall, for each year, undertake a study alties or termination of proceedings under Notwithstanding any other provision of law, to evaluate the accuracy, efficiency, integ- paragraph (4)(E); and nothing in this subsection may be construed rity, and impact of the System. ‘‘(C) the Secretary, in cooperation with the to permit or allow any department, bureau, ‘‘(B) REPORT.—Not later than 18 months Commissioner and Attorney General, and in or other agency of the United States Govern- after the promulgation of regulations to im- consultation with other relevant agencies, ment or any other entity to utilize any in- plement this subsection, and yearly there- shall establish a Joint Employment Fraud formation, database, or other records assem- after, the Comptroller General shall submit Task Force consisting of, at a minimum— bled under this subsection for any purpose to Congress a report containing the findings ‘‘(i) the System’s compliance personnel; other than for employment verification or to of the study carried out under this para- ‘‘(ii) immigration law enforcement officers; ensure secure, appropriate and nondiscrim- graph. Each such report shall include, at a ‘‘(iii) personnel of the Office of Special inatory use of the System. minimum, the following: Counsel for Immigration-Related Unfair Em- ‘‘(10) ANNUAL REPORT AND CERTIFICATION.— ‘‘(i) An assessment of System performance ployment Practices of the Department of Not later than 18 months after the promulga- with respect to the rate at which individuals Justice; tion of regulations to implement this sub- who are eligible for employment in the ‘‘(iv) personnel of the Office for Civil section, and annually thereafter, the Sec- United States are correctly approved within Rights and Civil Liberties of the Depart- retary shall submit to Congress a report that the required periods, including a separate as- ment; and includes the following: sessment of such rate for naturalized United ‘‘(v) personnel of Office of Inspector Gen- ‘‘(A) An assessment, as submitted to the States citizens, nationals of the United eral of the Social Security Administration. Secretary by the Inspector General of the States, and aliens. ‘‘(3) COMPLIANCE PROCEDURES.— Department of Homeland Security pursuant ‘‘(ii) An assessment of the privacy and con- ‘‘(A) PRE-PENALTY NOTICE.—If the Sec- to paragraph (8)(C)(iii)(I), of the accuracy fidentiality of the System and of the overall retary has reasonable cause to believe that rates of further action notices and other Sys- security of the System with respect to there has been a civil violation of this sec- tem notices provided by employers to indi- cybertheft and theft or misuse of private tion in the previous 3 years, the Secretary viduals who are authorized to be employed in data. shall issue to the employer concerned a writ- the United States. ‘‘(iii) An assessment of whether the Sys- ten notice of the Department’s intention to ‘‘(B) An assessment, as submitted to the tem is being implemented in a manner that issue a claim for a monetary or other pen- Secretary by the Inspector General of the is not discriminatory or used for retaliation alty. Such pre-penalty notice shall— Department of Homeland Security pursuant against employees. ‘‘(i) describe the violation; to paragraph (8)(C)(iii)(I), of the accuracy ‘‘(iv) An assessment of the most common ‘‘(ii) specify the laws and regulations alleg- rates of further action notices and other Sys- causes for the erroneous issuance of noncon- edly violated; tem notices provided directly (by the Sys- firmations by the System and recommenda- ‘‘(iii) disclose the material facts which es- tem) in a timely fashion to individuals who tions to correct such causes. tablish the alleged violation; are not authorized to be employed in the ‘‘(v) The recommendations of the Comp- ‘‘(iv) describe the penalty sought to be im- United States. troller General regarding System improve- posed; and ‘‘(C) An assessment of any challenges faced ments. ‘‘(v) inform such employer that such em- by small employers in utilizing the System. ‘‘(vi) An assessment of the frequency and ployer shall have a reasonable opportunity ‘‘(D) An assessment of the rate of employer magnitude of changes made to the System to make representations as to why a mone- noncompliance (in addition to failure to pro- and the impact on the ability for employers tary or other penalty should not be imposed. vide required notices in a timely fashion) in to comply in good faith. ‘‘(B) EMPLOYER’S RESPONSE.—Whenever any each of the following categories: ‘‘(vii) An assessment of the direct and indi- employer receives written pre-penalty notice ‘‘(i) Taking adverse action based on a fur- rect costs incurred by employers in com- of a fine or other penalty in accordance with ther action notice. plying with the System, including costs as- subparagraph (A), the employer may, within ‘‘(ii) Use of the System for nonemployees sociated with retaining potential employees 60 days from receipt of such notice, file with or other individuals before they are offered through the administrative appeals process the Secretary its written response to the no- employment. and receiving a nonconfirmation. tice. The response may include any relevant ‘‘(iii) Use of the System to reverify em- ‘‘(viii) An assessment of any backlogs or evidence or proffer of evidence that the employment authorized status of current em- delays in the System providing the con- ployer wishes to present with respect to ployees except if authorized to do so. firmation or further action notice and im- whether the employer violated this section ‘‘(iv) Use of the System selectively, except pacts to hiring by employers. and whether, if so, the penalty should be in cases in which such use is authorized. ‘‘(e) COMPLIANCE.— mitigated, and shall be filed and considered

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.021 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5043 in accordance with procedures to be estab- effect in the event of a further violation, and tifies to Congress that the System has been lished by the Secretary. in appropriate cases, the remedy provided by established, implemented, and made manda- ‘‘(C) RIGHT TO A HEARING.—Before issuance paragraph (f)(2). tory for use by all employers in the United of an order imposing a penalty on any em- ‘‘(E) MITIGATION.—The Secretary or, if an States. ployer, person, or entity, the employer, per- employer requests a hearing, the administra- ‘‘(C) EXTENSION OF DEADLINE.—At the re- son, or entity shall be entitled to a hearing tive law judge, is authorized, upon such quest of the employer, the Secretary may ex- before an administrative law judge, if re- terms and conditions as the Secretary or ad- tend the 60-day deadline for good cause. quested within 60 days of the notice of pen- ministrative law judge deems reasonable and ‘‘(D) STANDARDS OR METHODS.—The Sec- alty. The hearing shall be held at the nearest just and in accordance with such procedures retary is authorized to publish in the Federal location practicable to the place where the as the Secretary may establish or any proce- Register standards or methods for such cer- employer, person, or entity resides or of the dures established governing the administra- tification, require specific recordkeeping place where the alleged violation occurred. tive law judge’s assessment of penalties, to practices with respect to such certifications, ‘‘(D) ISSUANCE OF ORDERS.—If no hearing is reduce or mitigate penalties imposed upon and audit the records thereof at any time. so requested, the Secretary’s imposition of employers, based upon factors including, the This authority shall not be construed to di- the order shall constitute a final and employer’s hiring volume, compliance his- minish or qualify any other penalty provided unappealable order. If a hearing is requested tory, good-faith implementation of a compli- by this section. and the administrative law judge deter- ance program, the size and level of sophis- ‘‘(6) REQUIREMENTS FOR REVIEW OF A FINAL mines, upon clear and convincing evidence tication of the employer, and voluntary dis- DETERMINATION.—With respect to judicial re- received, that there was a violation, the ad- closure of violations of this subsection to the view of a final determination or penalty ministrative law judge shall issue the final Secretary. The Secretary or administrative order issued under paragraph (3)(D), the fol- determination with a written penalty claim. law judge shall not mitigate a penalty below lowing requirements apply: The penalty claim shall specify all charges the minimum penalty provided by this sec- ‘‘(A) DEADLINE.—The petition for review in the information provided under clauses (i) tion, except that the Secretary may, in the must be filed no later than 30 days after the through (iii) of subparagraph (A) and any case of an employer subject to penalty for date of the final determination or penalty mitigation of the penalty that the adminis- recordkeeping or verification violations only order issued under paragraph (3)(D). trative law judge deems appropriate under who has not previously been penalized under ‘‘(B) VENUE AND FORMS.—The petition for paragraph (4)(E). this section, in the Secretary’s or adminis- review shall be filed with the court of ap- ‘‘(4) CIVIL PENALTIES.— trative law judge’s discretion, mitigate the peals for the judicial circuit where the em- ‘‘(A) HIRING OR CONTINUING TO EMPLOY UN- penalty below the statutory minimum or ployer’s principal place of business was lo- AUTHORIZED ALIENS.—Any employer that vio- remit it entirely. In any case where a civil cated when the final determination or pen- lates any provision of subsection (a)(1)(A) or money penalty has been imposed on an em- alty order was made. The record and briefs (a)(2) shall— ployer under section 274B for an action or do not have to be printed. The court shall re- ‘‘(i) pay a civil penalty of not less than omission that is also a violation of this sec- view the proceeding on a typewritten or elec- $3,500 and not more than $7,500 for each un- tion, the Secretary or administrative law tronically filed record and briefs. authorized alien with respect to which each judge shall mitigate any civil money penalty ‘‘(C) SERVICE.—The respondent is the Sec- violation of either subsection (a)(1)(A) or under this section by the amount of the pen- retary. In addition to serving the respond- (a)(2) occurred; alty imposed under section 274B. ent, the petitioner shall serve the Attorney ‘‘(ii) if the employer has previously been ‘‘(F) EFFECTIVE DATE.—The civil money General. fined as a result of a previous enforcement penalty amounts and the enhanced penalties ‘‘(D) PETITIONER’S BRIEF.—The petitioner action or previous violation under this para- provided by subparagraphs (A), (B), and (C) shall serve and file a brief in connection with graph, pay a civil penalty of not less than of this paragraph and by subsection (f)(2) a petition for judicial review not later than $5,000 and not more than $15,000 for each un- shall apply to violations of this section com- 40 days after the date on which the adminis- authorized alien with respect to which a vio- mitted on or after the date that is 1 year trative record is available, and may serve lation of either subsection (a)(1)(A) or (a)(2) after the date of the enactment of the Border and file a reply brief not later than 14 days occurred; and Security, Economic Opportunity, and Immi- after service of the brief of the respondent, ‘‘(iii) if the employer has previously been gration Modernization Act. For violations and the court may not extend these dead- fined more than once under this paragraph, committed prior to such date of enactment, lines, except for good cause shown. If a peti- pay a civil penalty of not less than $10,000 the civil money penalty amounts provided by tioner fails to file a brief within the time and not more than $25,000 for each unauthor- regulations implementing this section as in provided in this paragraph, the court shall ized alien with respect to which a violation effect the minute before such date of enact- dismiss the appeal unless a manifest injus- of either subsection (a)(1)(A) or (a)(2) oc- ment with respect to knowing hiring or con- tice would result. curred. tinuing employment, verification, or indem- ‘‘(E) SCOPE AND STANDARD FOR REVIEW.— ‘‘(B) ENHANCED PENALTIES.—After the Sec- nity bond violations, as appropriate, shall The court of appeals shall conduct a de novo retary certifies to Congress that the System apply. review of the administrative record on which has been established, implemented, and ‘‘(5) ORDER OF INTERNAL REVIEW AND CER- the final determination was based and any made mandatory for use by all employers in TIFICATION OF COMPLIANCE.— additional evidence that the Court finds was the United States, the Secretary may estab- ‘‘(A) EMPLOYER COMPLIANCE.—If the Sec- previously unavailable at the time of the ad- lish an enhanced civil penalty for an em- retary has reasonable cause to believe that ministrative hearing. ployer who— an employer has failed to comply with this ‘‘(F) EXHAUSTION OF ADMINISTRATIVE REM- ‘‘(i) fails to query the System to verify the section, the Secretary is authorized, at any EDIES.—A court may review a final deter- identify and work authorized status of an in- time, to require that the employer certify mination under paragraph (3)(C) only if— dividual; and that it is in compliance with this section, or ‘‘(i) the petitioner has exhausted all ad- ‘‘(ii) violates a Federal, State, or local law has instituted a program to come into com- ministrative remedies available to the peti- related to— pliance. tioner as of right, including any administra- ‘‘(I) the payment of wages; ‘‘(B) EMPLOYER CERTIFICATION.— tive remedies established by regulation, and ‘‘(II) hours worked by employees; or ‘‘(i) REQUIREMENT.—Except as provided in ‘‘(ii) another court has not decided the va- ‘‘(III) workplace health and safety. subparagraph (C), not later than 60 days lidity of the order, unless the reviewing ‘‘(C) RECORDKEEPING OR VERIFICATION PRAC- after receiving a notice from the Secretary court finds that the petition presents TICES.—Any employer that violates or fails requiring a certification under subparagraph grounds that could not have been presented to comply with any requirement under sub- (A), an official with responsibility for, and in the prior judicial proceeding or that the section (a)(1)(B), other than a minor or inad- authority to bind the company on, all hiring remedy provided by the prior proceeding was vertent failure, as determined by the Sec- and immigration compliance notices shall inadequate or ineffective to test the validity retary, shall pay a civil penalty of— certify under penalty of perjury that the em- of the order. ‘‘(i) not less than $500 and not more than ployer is in conformance with the require- ‘‘(G) ENFORCEMENT OF ORDERS.—If the final $2,000 for each violation; ments of paragraphs (1) through (4) of sub- determination issued against the employer ‘‘(ii) if an employer has previously been section (c), pertaining to document under this subsection is not subjected to re- fined under this paragraph, not less than verification requirements, and with sub- view as provided in this paragraph, the At- $1,000 and not more than $4,000 for each vio- section (d), pertaining to the System (once torney General, upon request by the Sec- lation; and the System is implemented with respect to retary, may bring a civil action to enforce ‘‘(iii) if an employer has previously been that employer according to the requirements compliance with the final determination in fined more than once under this paragraph, under subsection (d)(2)), and with any addi- any appropriate district court of the United not less than $2,000 and not more than $8,000 tional requirements that the Secretary may States. The court, on a proper showing, shall for each violation. promulgate by regulation pursuant to sub- issue a temporary restraining order or a pre- ‘‘(D) OTHER PENALTIES.—The Secretary section (c) or (d) or that the employer has in- liminary or permanent injunction requiring may impose additional penalties for viola- stituted a program to come into compliance that the employer comply with the final de- tions, including cease and desist orders, spe- with these requirements. termination issued against that employer cially designed compliance plans to prevent ‘‘(ii) APPLICATION.—Clause (i) shall not under this subsection. In any such civil ac- further violations, suspended fines to take apply until the date that the Secretary cer- tion, the validity and appropriateness of the

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.021 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5044 CONGRESSIONAL RECORD — SENATE June 24, 2013 final determination shall not be subject to is registered, recorded, docketed, or indexed laws as a penalty for failure to use the Sys- review. shall be considered for all purposes as the fil- tem. ‘‘(7) CREATION OF LIEN.—If any employer ing prescribed by this section. ‘‘(i) DEPOSIT OF AMOUNTS RECEIVED.—Ex- liable for a fee or penalty under this section ‘‘(iii) OTHER PROVISIONS.—The provisions of cept as otherwise specified, civil penalties neglects or refuses to pay such liability after section 3201(e) of title 28, United States Code, collected under this section shall be depos- demand and fails to file a petition for review shall apply to liens filed as prescribed by this ited by the Secretary into the Comprehen- (if applicable) as provided in paragraph (6), paragraph. sive Immigration Reform Trust Fund estab- the amount of the fee or penalty shall be a ‘‘(E) ENFORCEMENT OF A LIEN.—A lien ob- lished under section 6(a)(1) of the Border Se- lien in favor of the United States on all prop- tained through this paragraph shall be con- curity, Economic Opportunity, and Immigra- erty and rights to property, whether real or sidered a debt as defined by section 3002 of tion Modernization Act. personal, belonging to such employer. If a title 28, United States Code and enforceable ‘‘(j) CHALLENGES TO VALIDITY OF THE SYS- petition for review is filed as provided in pursuant to chapter 176 of such title. TEM.— ‘‘(1) IN GENERAL.—Any right, benefit, or paragraph (6), the lien shall arise upon the ‘‘(9) ATTORNEY GENERAL ADJUDICATION.— claim not otherwise waived or limited pursu- entry of a final judgment by the court. The The Attorney General shall have jurisdiction ant to this section is available in an action lien continues for 20 years or until the liabil- to adjudicate administrative proceedings instituted in the United States District ity is satisfied, remitted, set aside, or termi- under this subsection. Such proceedings Court for the District of Columbia, but shall nated. shall be conducted in accordance with re- be limited to determinations of— ‘‘(8) FILING NOTICE OF LIEN.— quirements of section 554 of title 5, United ‘‘(A) whether this section, or any regula- ‘‘(A) PLACE FOR FILING.—The notice of a States Code. tion issued to implement this section, vio- lien referred to in paragraph (7) shall be filed ‘‘(f) CRIMINAL AND CIVIL PENALTIES AND IN- as described in 1 of the following: lates the Constitution of the United States; JUNCTIONS.— or ‘‘(i) UNDER STATE LAWS.— ‘‘(1) PROHIBITION OF INDEMNITY BONDS.—It is ‘‘(I) REAL PROPERTY.—In the case of real ‘‘(B) whether such a regulation issued by unlawful for an employer, in the hiring of or under the authority of the Secretary to property, in 1 office within the State (or the any individual, to require the individual to county, or other governmental subdivision), implement this section, is contrary to appli- post a bond or security, to pay or agree to cable provisions of this section or was issued as designated by the laws of such State, in pay an amount, or otherwise to provide a fi- which the property subject to the lien is sit- in violation of chapter 5 of title 5, United nancial guarantee or indemnity, against any States Code. uated. potential liability arising under this section ‘‘(II) PERSONAL PROPERTY.—In the case of ‘‘(2) DEADLINES FOR BRINGING ACTIONS.— relating to such hiring of the individual. personal property, whether tangible or in- Any action instituted under this subsection ‘‘(2) CIVIL PENALTY.—Any employer who is tangible, in 1 office within the State (or the must be filed no later than 180 days after the determined, after notice and opportunity for county, or other governmental subdivision), date the challenged section or regulation de- mitigation of the monetary penalty under as designated by the laws of such State, in scribed in subparagraph (A) or (B) of para- subsection (e), to have violated paragraph (1) which the property subject to the lien is sit- graph (1) becomes effective. No court shall shall be subject to a civil penalty of $10,000 uated, except that State law merely con- have jurisdiction to review any challenge de- for each violation and to an administrative forming to or reenacting Federal law estab- scribed in subparagraph (B) after the time order requiring the return of any amounts lishing a national filing system does not con- period specified in this subsection expires. received in violation of such paragraph to stitute a second office for filing as des- ‘‘(k) CRIMINAL PENALTIES AND INJUNCTIONS ignated by the laws of such State. the employee or, if the employee cannot be FOR PATTERN OR PRACTICE VIOLATIONS.— located, to the general fund of the Treasury. ‘‘(ii) WITH CLERK OF DISTRICT COURT.—In ‘‘(1) PATTERN AND PRACTICE.—Any em- the office of the clerk of the United States ‘‘(g) GOVERNMENT CONTRACTS.— ployer who engages in a pattern or practice district court for the judicial district in ‘‘(1) CONTRACTORS AND RECIPIENTS.—When- of knowing violations of subsection (a)(1)(A) which the property subject to the lien is sit- ever an employer who is a Federal con- or (a)(2) shall be fined under title 18, United uated, whenever the State has not by law tractor (meaning an employer who holds a States Code, no more than $10,000 for each designated 1 office which meets the require- Federal contract, grant, or cooperative unauthorized alien with respect to whom ments of clause (i). agreement, or reasonably may be expected to such violation occurs, imprisoned for not ‘‘(iii) WITH RECORDER OF DEEDS OF THE DIS- submit an offer for or be awarded a govern- more than 2 years for the entire pattern or TRICT OF COLUMBIA.—In the office of the Re- ment contract) is determined by the Sec- practice, or both. corder of Deeds of the District of Columbia, retary to have violated this section on more ‘‘(2) TERM OF IMPRISONMENT.—The max- if the property subject to the lien is situated than 3 occasions or is convicted of a crime imum term of imprisonment of a person con- in the District of Columbia. under this section, the employer shall be victed of any criminal offense under the ‘‘(B) SITUS OF PROPERTY SUBJECT TO LIEN.— considered for debarment from the receipt of United States Code shall be increased by 5 For purposes of subparagraph (A), property Federal contracts, grants, or cooperative years if the offense is committed as part of shall be deemed to be situated as follows: agreements in accordance with the proce- a pattern or practice of violations of sub- ‘‘(i) REAL PROPERTY.—In the case of real dures and standards and for the periods pre- section (a)(1)(A) or (a)(2). property, at its physical location. scribed by the Federal Acquisition Regula- ‘‘(3) ENJOINING OF PATTERN OR PRACTICE ‘‘(ii) PERSONAL PROPERTY.—In the case of tion. However, any administrative deter- VIOLATIONS.—Whenever the Secretary or the personal property, whether tangible or in- mination of liability for civil penalty by the Attorney General has reasonable cause to be- tangible, at the residence of the taxpayer at Secretary or the Attorney General shall not lieve that an employer is engaged in a pat- the time the notice of lien is filed. be reviewable in any debarment proceeding. tern or practice of employment in violation ‘‘(C) DETERMINATION OF RESIDENCE.—For ‘‘(2) INADVERTENT VIOLATIONS.—Inadvertent of subsection (a)(1)(A) or (a)(2), the Attorney purposes of subparagraph (B)(ii), the resi- violations of recordkeeping or verification General may bring a civil action in the ap- dence of a corporation or partnership shall requirements, in the absence of any other propriate district court of the United States be deemed to be the place at which the prin- violations of this section, shall not be a basis requesting such relief, including a perma- cipal executive office of the business is lo- for determining that an employer is a repeat nent or temporary injunction, restraining cated, and the residence of a taxpayer whose violator for purposes of this subsection. order, or other order against the employer, residence is outside the United States shall ‘‘(3) OTHER REMEDIES AVAILABLE.—Nothing as the Secretary or Attorney General deems be deemed to be in the District of Columbia. in this subsection shall be construed to mod- necessary. ‘‘(D) EFFECT OF FILING NOTICE OF LIEN.— ify or limit any remedy available to any ‘‘(l) CRIMINAL PENALTIES FOR UNLAWFUL ‘‘(i) IN GENERAL.—Upon filing of a notice of agency or official of the Federal Government AND ABUSIVE EMPLOYMENT.— lien in the manner described in this para- for violation of any contractual requirement ‘‘(1) IN GENERAL.—Any person who, during graph, the lien shall be valid against any to participate in the System, as provided in any 12-month period, knowingly employs or purchaser, holder of a security interest, me- the final rule relating to employment eligi- hires, employs, recruits, or refers for a fee chanic’s lien, or judgment lien creditor, ex- bility verification published in the Federal for employment 10 or more individuals with- cept with respect to properties or trans- Register on November 14, 2008 (73 Fed. Reg. in the United States who are under the con- actions specified in subsection (b), (c), or (d) 67,651), or any similar subsequent regulation. trol and supervision of such person— of section 6323 of the Internal Revenue Code ‘‘(h) PREEMPTION.—Beginning on the date ‘‘(A) knowing that the individuals are un- of 1986 for which a notice of tax lien properly on which all employers are required to use authorized aliens; and filed on the same date would not be valid. the System pursuant to subsection (d)(2), the ‘‘(B) under conditions that violate section ‘‘(ii) NOTICE OF LIEN.—The notice of lien provisions of this section preempt any State 5(a) of the Occupational Safety and Health shall be considered a notice of lien for taxes or local law, ordinance, policy, or rule, in- Act of 1970 (29 U.S.C. 654(a) (relating to occu- payable to the United States for the purpose cluding any criminal or civil fine or penalty pational safety and health), section 6 or 7 of of any State or local law providing for the structure, relating to the hiring, continued the Fair Labor Standards Act of 1938 (29 filing of a notice of a tax lien. A notice of employment, or status verification for em- U.S.C. 206 and 207) (relating to minimum lien that is registered, recorded, docketed, or ployment eligibility purposes, of unauthor- wages and maximum hours of employment), indexed in accordance with the rules and re- ized aliens. A State, locality, municipality, section 3142 of title 40, United States Code, quirements relating to judgments of the or political subdivision may exercise its au- (relating to required wages on construction courts of the State where the notice of lien thority over business licensing and similar contracts), or sections 6703 or 6704 of title 41,

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.021 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5045 United States Code, (relating to required als of the United States and individuals who (2) any information in the earnings sus- wages on service contracts), have employment authorized status who pense file. shall be fined under title 18, United States lack documents required for employment by Code, or imprisoned for not more than 10 such section 274A. SA 1577. Mr. VITTER submitted an years, or both. (B) A description of the additional steps re- amendment intended to be proposed to ‘‘(2) ATTEMPT AND CONSPIRACY.—Any per- quired for individuals who have employment amendment SA 1183 submitted by Mr. son who attempts or conspires to commit authorized status and do not possess the doc- LEAHY (for himself and Mr. HATCH) to any offense under this section shall be pun- uments required by such section 274A to ob- the bill S. 744, to provide for com- ished in the same manner as a person who tain such documents. prehensive immigration reform and for completes the offense.’’. (C) A general assessment of the average fi- other purposes; which was ordered to nancial costs for individuals who have em- (b) REPORT ON USE OF THE SYSTEM IN THE lie on the table; as follows: AGRICULTURAL INDUSTRY.—Not later than 18 ployment authorized status who do not pos- At the appropriate place, insert the fol- months after the date of the enactment of sess the documents required by such section lowing: this Act, the Secretary, in consultation with 274A to obtain such documents. (D) A general assessment of the average fi- (c) TRIGGERS.—The Secretary may not the Secretary of Agriculture, shall submit a commence processing applications for reg- report to Congress that assesses implementa- nancial costs and challenges for employers who have been required to participate in the istered provisional immigrant status pursu- tion of the Employment Verification System ant to section 245B of the Immigration and established under section 274A(d) of the Im- Employment Verification System established by subsection (d) of such section 274A. Nationality Act, as added by section 2101 of migration and Nationality Act, as amended this Act, until 6 months after the date on by subsection (a), in the agricultural indus- (E) A description of the barriers to individuals who have employment authorized status which the Secretary, after consultation with try, including the use of such System tech- the Attorney General, the Secretary of De- nology in agriculture industry hiring proc- in obtaining the documents required by such section 274A, including barriers imposed by fense, the Inspector General of the Depart- esses, user, contractor, and third-party em- ment, and the Comptroller General of the the executive branch of the Government. ployer agent employment practices, timing United States, submits to the President and (F) Any particular challenges facing indi- and logistics regarding employment Congress a written certification that— verification and reverification processes to viduals who have employment authorized (i) the Comprehensive Southern Border Se- meet agriculture industry practices, and status who are members of a federally recog- curity Strategy— identification of potential challenges and nized Indian tribe in complying with the pro- (I) has been submitted to Congress and in- modifications to meet the unique needs of visions of such section 274A. cludes minimum requirements described the agriculture industry. Such report shall (e) REPEAL OF PILOT PROGRAMS AND E- under paragraphs (3), (4), and (5) of section review— VERIFY AND TRANSITION PROCEDURES.— 5(a); (1) the modality of access, training and (1) REPEAL.—Sections 401, 402, 403, 404, and (II) is deployed and operational (for pur- outreach, customer support, processes for 405 of the Illegal Immigration Reform and poses of this clause the term ‘‘operational’’ further action notices and secondary Immigrant Responsibility Act of 1996 (divi- means the technology, infrastructure, and verifications for short-term workers, moni- sion C of Public Law 104–208; 8 U.S.C. 1324a personnel, deemed necessary by the Sec- toring, and compliance procedures for such note) are repealed. retary, in consultation with the Attorney System; (2) TRANSITION PROCEDURES.— General and the Secretary of Defense, and (2) the interaction of such System with the (A) CONTINUATION OF E-VERIFY PROGRAM.— the Comptroller General, and includes the process to admit nonimmigrant workers pur- Notwithstanding the repeals made by para- technology described under section 5(a)(3) to suant to section 218 or 218A of the Immigra- graph (1), the Secretary shall continue to op- achieve effective control of the Southern tion and Nationality Act (8 U.S.C. 1188 et erate the E-Verify Program as described in border, has been procured, funded, and is in seq.) and with enforcement of the immigra- section 403 of the Illegal Immigration Re- current use by the Department achieve effec- tion laws; and form and Immigrant Responsibility Act of tive control, except in the event of routine (3) the collaborative use of processes of 1996 (division C of Public Law 104–208; 8 maintenance, de minimis non-deployment, other Federal and State agencies that inter- U.S.C. 1324a note), as in effect the minute be- or natural disaster that would prevent the sect with the agriculture industry. fore the date of the enactment of this Act, use of such assets); (c) REPORT ON IMPACT OF THE SYSTEM ON until the transition to the System described (ii) the Southern Border Fencing Strategy EMPLOYERS.—Not later than 18 months after in section 274A(d) of the Immigration and has been submitted to Congress and imple- the date of the enactment of this Act, the Nationality Act, as amended by subsection mented, and as a result the Secretary will Secretary shall submit to Congress a report (a), is determined by the Secretary to be certify that there is in place along the that assesses— complete. Southern Border no fewer than 700 miles of (1) the implementation of the Employment (B) TRANSITION TO THE SYSTEM.—Any em- pedestrian fencing which will include re- Verification System established under sec- ployer who was participating in the E-Verify placement of all currently existing vehicle tion 274A(d) of the Immigration and Nation- Program described in section 403 of the Ille- fencing on non-tribal lands on the Southern ality Act, as amended by subsection (a), by gal Immigration Reform and Immigrant Re- Border with pedestrian fencing where pos- employers; sponsibility Act of 1996 (division C of Public sible, and after this has been accomplished (2) any adverse impact on the revenues, Law 104–208; 8 U.S.C. 1324a note), as in effect may include a second layer of pedestrian business processes, or profitability of em- the minute before the date of the enactment fencing in those locations along the South- ployers required to use such System; and of this Act, shall participate in the System ern Border which the Secretary deems nec- (3) the economic impact of such System on described in section 274A(d) of the Immigra- essary or appropriate; (iii) the Secretary has implemented the small businesses. tion and Nationality Act, as amended by mandatory employment verification system (d) GOVERNMENT ACCOUNTABILITY OFFICE subsection (a), to the same extent and in the required by section 274A of the Immigration STUDY OF THE EFFECTS OF DOCUMENT RE- same manner that the employer participated and Nationality Act (8 U.S.C.1324a), as QUIREMENTS ON EMPLOYMENT AUTHORIZED in such E-Verify Program. amended by section 3101, for use by all em- PERSONS AND EMPLOYERS.— (3) CONSTRUCTION.—The repeal made by ployers to prevent unauthorized workers (1) STUDY.—The Comptroller General of the paragraph (1) may not be construed to limit from obtaining employment in the United United States shall carry out a study of— the authority of the Secretary to allow or continue to allow the participation in such States; (A) the effects of the documentary require- (iv) the Secretary is using the electronic System of employers who have participated ments of section 274A of the Immigration exit system created by section 3303(a)(1) at in such E-Verify Program, as in effect on the and Nationality Act, as amended by sub- all international air and sea ports of entry minute before the date of the enactment of section (a), on employers, naturalized United within the United States where U.S. Cus- this Act. States citizens, nationals of the United toms and Border Protection officers are cur- (f) CONFORMING AMENDMENT.—Section States, and individuals with employment au- rently deployed; and thorized status; and 274(a) (8 U.S.C. 1324(a)) is amended— (v) no fewer than 38,405 trained fulltime ac- (B) the challenges such employers, citi- (1) by striking paragraph (3); and tive duty U.S. Border Patrol agents are de- zens, nationals, or individuals may face in (2) by redesignating paragraph (4) as para- ployed, stationed, and maintained along the obtaining the documentation required under graph (3). Southern Border. that section. (g) INFORMATION SHARING.—The Commis- (2) REPORT.—Not later than 4 years after sioner of Social Security, the Secretary, and SA 1578. Mr. VITTER submitted an the date of the enactment of this Act, the the Secretary of the Treasury shall jointly amendment intended to be proposed to Comptroller General shall submit to Con- establish a program to share information amendment SA 1183 submitted by Mr. gress a report containing the findings of the among such agencies that may lead to the LEAHY (for himself and Mr. HATCH) to study carried out under paragraph (1). Such identification of unauthorized aliens (as de- report shall include, at a minimum, the fol- scribed in section 274A of the Immigration the bill S. 744, to provide for com- lowing: and Nationality Act, as amended by sub- prehensive immigration reform and for (A) An assessment of available information section (a)), including— other purposes; which was ordered to regarding the number of working age nation- (1) no-match letters; and lie on the table; as follows:

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.021 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5046 CONGRESSIONAL RECORD — SENATE June 24, 2013 On page 3 of the amendment, strike line 4 actment of this Act, the Secretary has failed SA 1582. Mr. CRUZ submitted an and all that follows through line 25, and in- to substantially comply with all of the re- amendment intended to be proposed to sert the following: quirements set forth in subsection (a)— amendment SA 1183 submitted by Mr. ‘‘(c) TRIGGERS.—The Secretary may not (A) the reductions and block grants au- LEAHY (for himself and Mr. HATCH) to commence processing applications for reg- thorized under subparagraphs (A) and (B) of istered provisional immigrant status pursu- paragraph (1) shall increase by an additional the bill S. 744, to provide for com- ant to section 245B of the Immigration and 5 percent of the amount appropriated to the prehensive immigration reform and for Nationality Act, as added by section 2101 of Department before the reduction authorized other purposes; which was ordered to this Act, until 6 months after the date on under paragraph (1)(A); and lie on the table; as follows: which the’’. (B) the salary of all political appointees at At the end of subchapter A of chapter 1 of the Department shall be reduced by an addi- title II, add the following: SA 1579. Mr. CRUZ submitted an tional 5 percent. amendment intended to be proposed to (d) AUTHORIZATION OF APPROPRIATIONS.— SEC. 2216. INELIGIBILITY FOR MEANS-BASED amendment SA 1183 submitted by Mr. (1) IN GENERAL.—Subject to paragraph (2), BENEFITS OF ALIENS ENTERING OR there are authorized to be appropriated to REMAINING IN UNITED STATES LEAHY (for himself and Mr. HATCH) to carry out this title such sums as may be nec- WHILE NOT IN LAWFUL STATUS. the bill S. 744, to provide for com- essary for each of the fiscal year 2014 Notwithstanding any provision of this Act prehensive immigration reform and for through 2018. or any other provision of law, any alien who, other purposes; which was ordered to (2) OFFSET.— after entering or remaining in the United lie on the table; as follows: (A) IN GENERAL.—Any amounts appro- States while not in lawful status under the Strike sections 1101 through 1122 and insert priated pursuant to paragraph (1) shall be Immigration and Nationality Act (8 U.S.C. the following: offset by an equal reduction in the amounts 1101 et seq.), was granted legal status under section 245B of the Immigration and Nation- SEC. 1101. BORDER SECURITY REQUIREMENTS. appropriated for other purposes. (B) RESCISSION.—If the reductions required ality Act, as added by section 2101, including (a) IN GENERAL.—During the 3-year period aliens described in section 245D(b)(1) of such beginning on the date of the enactment of under subparagraph (A) are not made during Act, or blue card status under section 2211, this Act, the Secretary shall— the 180-day period beginning on the date of regardless of the alien’s legal status at the (1) triple the number of U.S. Border Patrol the enactment of this Act, there shall be re- time the alien applies for a benefit described agents stationed along the international bor- scinded, from all unobligated amounts ap- in paragraph (1) or (2), shall not be eligible der between the United States and Mexico; propriated for any Federal agency (other for— (2) quadruple the equipment and other as- than the Department of Defense), on a pro- (1) any Federal, State, or local government sets stationed along such border, including portionate basis, an amount equal to the means-tested benefit; or cameras, sensors, drones, and helicopters, to amount appropriated pursuant to paragraph (2) any benefit under the Patient Protec- enable continuous monitoring of the border; (1). tion and Affordable Care Act (Pub. L. 111– (3) complete all of the fencing required SA 1580. Mr. CRUZ submitted an 148). under the Secure Fence Act of 2006 (Public Law 109–367); amendment intended to be proposed to SEC. 2217. IMMIGRANT CATEGORIES INELIGIBLE (4) develop, in cooperation with the De- amendment SA 1183 submitted by Mr. FOR UNITED STATES CITIZENSHIP. partment of Defense and all Federal law en- LEAHY (for himself and Mr. HATCH) to Notwithstanding any other provision of forcement agencies, a policy ensuring real- the bill S. 744, to provide for com- law, aliens granted registered provisional time sharing of information among all Fed- prehensive immigration reform and for immigrant status under section 245B of the eral law enforcement agencies regarding— other purposes; which was ordered to Immigration and Nationality Act, as added (A) smuggling routes for humans and con- lie on the table; as follows: by section 2101, including aliens described in traband; At the end of the amendment, add the fol- section 245D(b)(1) of such Act, and aliens (B) patterns in illegal border crossings; lowing: granted blue card status under section 2211 (C) new techniques or methods used in are permanently ineligible to become natu- SEC. ll. PROHIBITION ON FUNDING. cross-border illegal activity; and ralized citizens of the United States, except (a) IN GENERAL.—Notwithstanding any for aliens granted asylum pursuant to sec- (D) all other information pertinent to bor- other provision of law, no Federal funds shall tion 208 of such Act (8 U.S.C. 1158). der security; be made available to carry out the Patient (5) complete and fully implement the Protection and Affordable Care Act (Public United States Visitor and Immigrant Status Law 111-148) or title I and subtitle B of title SA 1583. Mr. CRUZ submitted an Indicator Technology (US-VISIT), including II of the Health Care and Education Rec- the biometric entry-exist portion; and amendment intended to be proposed to onciliation Act of 2010 (Public Law 111–152), amendment SA 1183 submitted by Mr. (6) establish operational control (as defined or the amendments made by either such Act, LEAHY (for himself and Mr. HATCH) to in section 2(b) of the Secure Fence Act of until such time as there are no aliens re- 2006 (Public Law 109–367)) over 100 percent of maining in registered provisional immigrant the bill S. 744, to provide for com- the international border between the United status. prehensive immigration reform and for States and Mexico. (b) LIMITATION.—No entitlement to bene- other purposes; which was ordered to (b) TRIGGERS.—The Secretary may not fits under any provision referred to in sub- lie on the table; as follows: commence processing applications for reg- section (a) shall remain in effect on and after At the end of subchapter A of chapter 1 of istered provisional immigrant status pursu- the date of the enactment of this Act until subtitle B of title II, add the following: ant to section 245B of the Immigration and such time as there are no aliens remaining in Nationality Act, as added by section 2101, or registered provisional immigrant status. SEC. 2216. IMMIGRANT CATEGORIES INELIGIBLE blue card status under section 2111 until the FOR UNITED STATES CITIZENSHIP. Secretary has substantially complied with SA 1581. Mr. CRUZ submitted an Notwithstanding any other provision of all of the requirements set forth in sub- amendment intended to be proposed to law, aliens granted registered provisional section (a). amendment SA 1183 submitted by Mr. immigrant status under section 245B of the (c) BUDGETARY EFFECTS OF NONCOMPLI- LEAHY (for himself and Mr. HATCH) to Immigration and Nationality Act, as added ANCE.— the bill S. 744, to provide for com- by section 2101, including aliens described in (1) INITIAL REDUCTIONS.—If, on the date section 245D(b)(1) of such Act, and aliens that is 3 years after the date of the enact- prehensive immigration reform and for other purposes; which was ordered to granted blue card status under section 2211 ment of this Act, the Secretary has failed to are permanently ineligible to become natu- substantially comply with all of the require- lie on the table; as follows: ralized citizens of the United States, except ments set forth in subsection (a)— At the end of title III, add the following: for aliens granted asylum pursuant to sec- (A) the amount appropriated to the De- Subtitle ll—Protecting Voter Integrity tion 208 of such Act (8 U.S.C. 1158). partment for the following fiscal year shall SEC. 3921. STATES PERMITTED TO REQUIRE be automatically reduced by 20 percent; PROOF OF CITIZENSHIP FOR VOTER Mr. CRUZ submitted an (B) an amount equal to the reduction REGISTRATION. SA 1584. under subparagraph (A) shall be made avail- Section 6 of the National Voter Registra- amendment intended to be proposed to able, in block grants, to the States of Ari- tion Act of 1993 (42 U.S.C. 1973gg-4) is amend- amendment SA 1183 submitted by Mr. zona, California, New Mexico, and Texas for ed by adding at the end the following new LEAHY (for himself and Mr. HATCH) to securing the international border between subsection: the bill S. 744, to provide for com- the United States and Mexico; and ‘‘(e) PROOF OF CITIZENSHIP.—Nothing in prehensive immigration reform and for (C) the salary of all political appointees at subsection (a) shall be construed to preempt other purposes; which was ordered to the Department shall be reduced by 20 per- any State law requiring evidence of citizen- cent. ship in order to complete any requirement to lie on the table; as follows: (2) SUBSEQUENT YEARS.—If, on the date that register to vote in elections for Federal of- At the appropriate place, insert the fol- is 4, 5, 6, or 7 years after the date of the en- fice.’’. lowing:

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SEC. ll. INELIGIBILITY FOR MEANS-BASED BEN- United States, including any affiliate or sub- (c) EXPANSION OF IMMEDIATE RELATIVE EFITS OF ALIENS ENTERING OR RE- sidiary of such employer; or DEFINITION.—Section 201(b)(2)(A) (8 U.S.C. MAINING IN UNITED STATES WHILE ‘‘(ii) $1,250 for each such petition by any 1151(b)(2)(A)) is amended to read as follows: NOT IN LAWFUL STATUS. employer with not more than 25 full-time ‘‘(A)(i) Immediate relatives. Notwithstanding any provision of this Act equivalent employees who are employed in ‘‘(ii) Aliens admitted under section 211(a) or any other provision of law, no alien who the United States, including any affiliate or on the basis of a prior issuance of a visa to has entered or remained in the United States subsidiary of such employer. their accompanying parent who is an imme- while not in lawful status under the Immi- ‘‘(C) Of the amounts collected under this diate relative. gration and Nationality Act (8 U.S.C. 1101 et paragraph— ‘‘(iii) In this subparagraph the term ‘imme- seq.) shall be eligible for any Federal, State, ‘‘(i) 60 percent shall be deposited in the H– diate relatives’ means the children, spouse, or local government means-tested benefit, 1B Nonimmigrant Petitioner Account in ac- and parents of a citizen of the United States nor shall such alien be eligible for any ben- cordance with section 286(s); and or of a lawful permanent resident. If the im- efit under the Patient Protection and Afford- ‘‘(ii) 40 percent shall be deposited in the mediate relative is a parent, the citizen or able Care Act (Pub. L. 111–148), regardless of STEM Education and Training Account es- permanent resident shall be at least 21 years the alien’s legal status at the time of appli- tablished under section 286(w).’’. of age. If the alien was the spouse of a citizen cation for such benefit. (b) STEM EDUCATION AND TRAINING AC- of the United States or of a lawful perma- COUNT.—Section 286 (8 U.S.C. 1356) is amend- Mr. CRUZ submitted an nent resident and was not legally separated SA 1585. ed by adding at the end the following: from the citizen or permanent resident at amendment intended to be proposed to ‘‘(w) STEM EDUCATION AND TRAINING AC- the time of the citizen’s or permanent resi- amendment SA 1183 submitted by Mr. COUNT.— dent’s death, the alien (and each child of the LEAHY (for himself and Mr. HATCH) to ‘‘(1) IN GENERAL.—There is established in alien) shall be considered, for purposes of the bill S. 744, to provide for com- the general fund of the Treasury a separate this subparagraph, to remain an immediate prehensive immigration reform and for account, which shall be known as the ‘STEM relative after the date of the citizen’s or per- other purposes; which was ordered to Education and Training Account’ (referred manent resident’s death and until the date to in this subsection as the ‘Account’). lie on the table; as follows: the spouse remarries if the spouse files a pe- ‘‘(2) DEPOSITS.—There shall be deposited as tition under section 204(a)(1)(A)(ii) not later Strike subtitles A and B of title IV and in- offsetting receipts into the Account 40 per- than 2 years after such death. An alien who sert the following: cent of the fees collected under section has filed a petition under clause (iii) or (iv) Subtitle A—Employment-based 214(c)(9)(B). of section 204(a)(1)(A) shall remain an imme- Nonimmigrant Visas ‘‘(3) USE OF FUNDS.—Amounts deposited in diate relative if the United States citizen or SEC. 4101. MARKET-BASED H–1B VISA LIMITS. the Account may be used to enhance the eco- lawful permanent resident spouse or parent (a) IN GENERAL.—Section 214(g)(1) (8 U.S.C. nomic competitiveness of the United States loses United States citizenship or lawful per- 1184(g)(1)) is amended— by— manent resident status on account of the (1) in the matter preceding subparagraph ‘‘(A) establishing a block grant program abuse.’’. (A), by striking ‘‘(beginning with fiscal year for States to promote STEM education; and (d) CONFORMING AMENDMENTS.—The Act (8 1992)’’; and ‘‘(B) carrying out programs to bridge U.S.C. 1101 et seq.) is amended— (2) by amending subparagraph (A) to read STEM education with employment, such as (1) in section 101(a)(15)(V), by striking as follows: work-study program.’’. ‘‘203(a)(2)(A)’’ each place it appears and inserting ‘‘203(a)’’; ‘‘(A) under section 101(a)(15)(H)(i)(b) may Mr. CRUZ submitted an not exceed— SA 1586. (2) in section 201(f)— ‘‘(i) 65,000 in fiscal year 2013; and amendment intended to be proposed to (A) in paragraph (2), by striking ‘‘(ii) 325,000 in each subsequent fiscal year; amendment SA 1183 submitted by Mr. ‘‘203(a)(2)(A)’’ and inserting ‘‘203(a)’’; and and’’; LEAHY (for himself and Mr. HATCH) to (B) by striking paragraph (3); and SEC. 4102. WORK AUTHORIZATION FOR DEPEND- the bill S. 744, to provide for com- (C) by redesignating paragraph (4) as para- ENT SPOUSES OF H–1B NON- prehensive immigration reform and for graph (3); and IMMIGRANTS. other purposes; which was ordered to (D) in paragraph (3), as redesignated, by Section 214(n) (8 U.S.C. 1184(n)) is amend- lie on the table; as follows: striking ‘‘(1) through (3)’’ and inserting ‘‘(1) ed— and (2)’’; and (1) by amending the subsection heading to Strike sections 2303 through 2307 and insert (3) in section 204— read as follows ‘‘EMPLOYMENT AUTHORIZATION the following: (A) in subsection (a)(1)— FOR H–1B NONIMMIGRANTS AND THEIR SEC. 2303. ELIMINATION OF ARBITRARY LIMITA- (i) in subparagraph (A)(i), by striking TION OF FOREIGN NATIONALITIES. SPOUSES’’; and ‘‘paragraph (1), (3), or (4) of section 203(a)’’ (2) by adding at the end the following: (a) REPEAL.—Section 202 (8 U.S.C. 1152) is and inserting ‘‘section 203(a)’’; and ‘‘(3) The spouse of an alien provided non- repealed. (ii) in subparagraph (B)— (b) CONFORMING AMENDMENT.—Section immigrant status under section (I) in clause (i)(I), by striking ‘‘section 203(b) (8 U.S.C. 1153(b)) is amended by strik- 101(a)(15)(H)(i)(b) is authorized to accept em- 203(a)(2)’’ and inserting ‘‘section 203(a)’’; and ing paragraph (6). ployment in the United States while his or (II) in clause (ii), by striking ‘‘clause (iii) her principal alien spouse lawfully maintains SEC. 2304. ELIMINATION OF DIVERSITY VISA LOT- of section 203(a)(2)(A)’’ each place it appears TERY. such status while in the United States.’’. and inserting ‘‘section 203(a)’’; and (a) REPEAL.—Section 203(c) (8 U.S.C. (III) in clause (iii), by striking ‘‘section SEC. 4103. AUTHORIZATION OF DUAL INTENT. 1153(c)) is repealed. 203(a)(2)(A)’’ and inserting ‘‘section 203(a)’’; (a) DEFINITION.—Section 101(a)(15)(F)(i) (8 (b) CONFORMING AMENDMENTS.—Title II (8 U.S.C. 1101(a)(15)(F)(i)) is amended by strik- U.S.C. 1151 et seq.) is amended— and ing ‘‘which he has no intention of aban- (1) in section 201— (iii) in subparagraph (D)(i)(I), by striking doning’’ and inserting ‘‘which, if the alien is (A) in subsection (a), by striking paragraph ‘‘paragraph (1), (2), or (3) of section 203(a)’’ not pursuing a course of study at an accred- (3); and and inserting ‘‘section 203(a)’’; ited institution of higher education (as de- (B) by striking subsection (e); and (B) in subsection (a)(2)(A), in the undesig- fined in section 101 of the Higher Education (2) in section 204(a)(1), by striking subpara- nated matter after clause (ii), by striking Act of 1965 (20 U.S.C. 1001)), the alien has no graph (I). ‘‘preference status under section 203(a)(2)’’ and inserting ‘‘status as an immediate rel- intention of abandoning’’. SEC. 2305. FAMILY-SPONSORED IMMIGRANTS. RESUMPTION OF TATUS NTENTION O ative under section 201(b)(2)(A)’’; and (b) P S ; I T (a) NUMERICAL LIMITATIONS.—Section 201(c) (C) in subsection (k)(1), by striking ‘‘sec- ABANDON FOREIGN RESIDENCE.—Section 214 (8 (8 U.S.C. 1151(c)) is amended to read as fol- tion 203(a)(2)(B)’’ and inserting ‘‘section U.S.C. 1184) is amended— lows: 203(a)’’. (1) in subsection (b), by striking ‘‘(L) or ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPON- (V)’’ and inserting ‘‘(F), (L), or (V)’’; and SORED IMMIGRANTS.—The maximum world- SEC. 2306. EMPLOYMENT-BASED IMMIGRANTS. (2) in subsection (h), by striking ‘‘(H)(i)(b) wide level of family-sponsored immigrants (a) NUMERICAL LIMITATIONS.—Section 201(d) or (c)’’ and inserting ‘‘(F), (H)(i)(b), for each fiscal year shall be 337,500.’’. (8 U.S.C. 1151(c)) is amended to read as fol- (H)(i)(c)’’. (b) VISA ALLOCATION FOR FAMILY-SPON- lows: SEC. 4104. H–1B FEE INCREASE. SORED IMMIGRANTS .—Section 203(a) (8 U.S.C. ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT- (a) IN GENERAL.—Section 214(c)(9) (8 U.S.C. 1153(a)) is amended to read as follows: BASED IMMIGRANTS.—The maximum world- 1184(c)(9)) is amended by striking subpara- ‘‘(a) VISA ALLOCATION FOR FAMILY-SPON- wide level of employment-based immigrants graphs (B) and (C) and inserting the fol- SORED IMMIGRANTS.—Qualified immigrants for each fiscal year shall be 1,012,500.’’. lowing: who are the unmarried sons or unmarried (b) VISA ALLOCATION FOR EMPLOYMENT- ‘‘(B) The amount of the fee imposed under daughters (but not children) of a citizen of BASED IMMIGRANTS .—Section 203(b) (8 U.S.C. subparagraph (A) shall be— the United States or an alien lawfully admit- 1153(a)) is amended to read as follows: ‘‘(i) $2,500 for each such petition by an em- ted for permanent residence shall be allo- ‘‘(b) VISA ALLOCATION FOR EMPLOYMENT- ployer with more than 25 full-time equiva- cated all of the visas made available under BASED IMMIGRANTS.—Aliens subject to the lent employees who are employed in the section 201(c).’’. worldwide level specified in section 201(d) for

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.032 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5048 CONGRESSIONAL RECORD — SENATE June 24, 2013 employment-based immigrants in a fiscal for not fewer than 10 United States citizens rity, in consultation with the head of the pe- year shall be allocated visas as follows: or aliens lawfully admitted for permanent titioning department or agency of the Fed- ‘‘(1) HIGHLY-SKILLED WORKERS.—Up to residence or other immigrants lawfully au- eral Government.’’. 607,500 visas shall be allocated each fiscal thorized to be employed in the United States year to qualified immigrants described in (other than the immigrant and the immi- SA 1587. Mr. CRUZ submitted an this paragraph, with preference to be given grant’s spouse, sons, or daughters). amendment intended to be proposed by to immigrants described in subparagraph ‘‘(2) WORKERS IN DESIGNATED SHORTAGE OC- him to the bill S. 744, to provide for (A). CUPATIONS.—Up to 405,000 visas shall be allo- comprehensive immigration reform ‘‘(A) ADVANCED DEGREES IN STEM FIELD.— cated each fiscal year to qualified immi- and for other purposes; which was or- An alien described in this paragraph holds an grants who— advanced degree in science, technology, engi- ‘‘(A) are not described in paragraph (1); and dered to lie on the table; as follows: neering, or mathematics from an accredited ‘‘(B) have at least 2 years experience in an Strike sections 2303 through 2307 and insert institution of higher education in the United occupation designated by the Bureau of the following: States. Labor Statistics as experiencing a shortage SEC. 2303. ELIMINATION OF ARBITRARY LIMITA- ‘‘(B) ALIENS WITH EXTRAORDINARY ABIL- of labor throughout the United States.’’. TION OF FOREIGN NATIONALITIES. ITY.—An alien described in this subpara- (c) TREATMENT OF FAMILY MEMBERS.—Sec- (a) REPEAL.—Section 202 (8 U.S.C. 1152) is graph— tion 203(d) (8 U.S.C. 1153(d)) is amended— repealed. ‘‘(i) has extraordinary ability in the (1) by striking ‘‘(a), (b), or (c)’’ and insert- (b) CONFORMING AMENDMENT.—Section sciences, arts, education, business, or ath- ing ‘‘(a) or (b)’’; and 203(b) (8 U.S.C. 1153(b)) is amended by strik- letics which has been demonstrated by sus- (2) by adding at the end the following: ing paragraph (6). tained national or international acclaim and ‘‘The spouse, children, or parents of an alien SEC. 2304. ELIMINATION OF DIVERSITY VISA LOT- whose achievements have been recognized in receiving a visa under subsection 203(b) who TERY. the field through extensive documentation; are accompanying or following to join the (a) REPEAL.—Section 203(c) (8 U.S.C. ‘‘(ii) seeks to enter the United States to alien shall be counted against the numerical 1153(c)) is repealed. continue work in the area of extraordinary limitations set forth in subsection (b).’’. (b) CONFORMING AMENDMENTS.—Title II (8 ability; and SEC. 2307. ONLINE PORTAL FOR LAWFUL PERMA- U.S.C. 1151 et seq.) is amended— ‘‘(iii) will substantially benefit the United NENT RESIDENT APPLICATIONS. (1) in section 201— States. (a) ESTABLISHMENT.—The Secretary shall (A) in subsection (a), by striking paragraph ‘‘(C) OUTSTANDING PROFESSORS AND RE- establish an online portal through which in- (3); and SEARCHERS.—An alien described in this sub- dividuals may submit applications for lawful (B) by striking subsection (e); and paragraph— permanent resident status. (2) in section 204(a)(1), by striking subpara- ‘‘(i) is recognized internationally as out- (b) FEATURES.—The online portal estab- graph (I). standing in a specific academic area; lished pursuant to subsection (a) shall pro- SEC. 2305. FAMILY-SPONSORED IMMIGRANTS. ‘‘(ii) has at least 3 years of experience in vide— (a) NUMERICAL LIMITATIONS.—Section 201(c) teaching or research in the academic area; (1) step-by-step instructions, in plain (8 U.S.C. 1151(c)) is amended to read as fol- and English, describing what information and lows: ‘‘(iii) seeks to enter the United States— supporting documentation is required to be ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPON- ‘‘(I) for a tenured position (or tenure-track submitted; SORED IMMIGRANTS.—The maximum world- position) within a university or institution (2) an e-mail or text message to notify ap- wide level of family-sponsored immigrants of higher education to teach in the academic plicants of changes in the status of their ap- for each fiscal year shall be 337,500.’’. area; plication. ISA LLOCATION FOR AMILY SPON ‘‘(II) for a comparable position with a uni- (c) USER FEE.—In addition to any other (b) V A F - - versity or institution of higher education to fees required of applicants for lawful perma- SORED IMMIGRANTS .—Section 203(a) (8 U.S.C. conduct research in the area; or nent under any other provision of law, the 1153(a)) is amended to read as follows: ‘‘(III) for a comparable position to conduct Secretary may charge individuals who apply ‘‘(a) VISA ALLOCATION FOR FAMILY-SPON- research in the area with a department, divi- for such status through the online portal es- SORED IMMIGRANTS.—Qualified immigrants sion, or institute of a private employer, if tablished pursuant to subsection (a) a fee in who are the unmarried sons or unmarried the department, division, or institute em- an amount sufficient to pay for the costs of daughters (but not children) of a citizen of ploys at least 3 persons full-time in research maintaining the online portal. the United States or an alien lawfully admit- activities and has achieved documented ac- (d) TIME LIMITATION.—All petitions sub- ted for permanent residence shall be allo- complishments in an academic field. mitted through the online portal established cated all of the visas made available under ‘‘(D) CERTAIN MULTINATIONAL EXECUTIVES pursuant to subsection (a) shall be adju- section 201(c).’’. AND MANAGERS.—An alien described in this dicated in 60 days or less. (c) EXPANSION OF IMMEDIATE RELATIVE subparagraph, in the 3 years preceding the (e) NATURALIZATION OF EMPLOYEES OF CER- DEFINITION.—Section 201(b)(2)(A) (8 U.S.C. time of the alien’s application for classifica- TAIN NATIONAL SECURITY FACILITIES WITHOUT 1151(b)(2)(A)) is amended to read as follows: tion and admission into the United States REGARD TO RESIDENCY REQUIREMENTS.—Sec- ‘‘(A)(i) Immediate relatives. under this subparagraph, has been employed tion 316 (8 U.S.C. 1427) is amended by adding ‘‘(ii) Aliens admitted under section 211(a) for at least 1 year by a firm or corporation or at the end the following: on the basis of a prior issuance of a visa to other legal entity or an affiliate or sub- ‘‘(g)(1) Any person who, while an alien or a their accompanying parent who is an imme- sidiary thereof and the alien seeks to enter noncitizen national of the United States, has diate relative. the United States in order to continue to been employed in a research capacity at a ‘‘(iii) In this subparagraph the term ‘imme- render services to the same employer or to a Federal national security, science, and tech- diate relatives’ means the children, spouse, subsidiary or affiliate thereof in a capacity nology laboratory, center, or agency (as de- and parents of a citizen of the United States that is managerial or executive. fined pursuant to section 203(b)(2)(C)) for a or of a lawful permanent resident. If the im- ‘‘(E) SKILLED WORKERS, PROFESSIONALS, AND period or periods aggregating one year or mediate relative is a parent, the citizen or OTHER WORKERS.—An alien described in this more may, in the discretion of the Secretary, permanent resident shall be at least 21 years subparagraph— be naturalized without regard to the resi- of age. If the alien was the spouse of a citizen ‘‘(i) is capable, at the time of petitioning dence requirements of this section if the per- of the United States or of a lawful perma- for classification under this paragraph, of son— nent resident and was not legally separated performing skilled labor (requiring at least 2 ‘‘(A) has complied with all requirements as from the citizen or permanent resident at years training or experience), not of a tem- determined by the Secretary of Homeland the time of the citizen’s or permanent resi- porary or seasonal nature, for which quali- Security, the Secretary of Defense, the Sec- dent’s death, the alien (and each child of the fied workers are not available in the United retary of Energy, or the head of a petitioning alien) shall be considered, for purposes of States; or department or agency of the Federal Govern- this subparagraph, to remain an immediate ‘‘(ii) holds a baccalaureate degree and is a ment, including contractual requirements to relative after the date of the citizen’s or per- members of the professions. maintain employment in a research capacity manent resident’s death and until the date ‘‘(F) EMPLOYMENT CREATION.—An alien de- with a Federal national security, science, the spouse remarries if the spouse files a pe- scribed in this subparagraph seeks to enter and technology laboratory, center, or agency tition under section 204(a)(1)(A)(ii) not later the United States for the purpose of engag- for a period not to exceed five years; and than 2 years after such death. An alien who ing in a new commercial enterprise (includ- ‘‘(B) has favorably completed and adju- has filed a petition under clause (iii) or (iv) ing a limited partnership)— dicated a background investigation at the of section 204(a)(1)(A) shall remain an imme- ‘‘(i) in which such alien has invested (after appropriate level, from the employing de- diate relative if the United States citizen or the date of the enactment of the Immigra- partment or agency of the Federal Govern- lawful permanent resident spouse or parent tion Act of 1990) or, is actively in the process ment within the last five years. loses United States citizenship or lawful per- of investing, capital in an amount not less ‘‘(2) The number of aliens or noncitizen na- manent resident status on account of the than $1,000,000; and tionals naturalized in any fiscal year under abuse.’’. ‘‘(ii) which will benefit the United States this subsection shall not exceed a number as (d) CONFORMING AMENDMENTS.—The Act (8 economy and create full-time employment defined by the Secretary of Homeland Secu- U.S.C. 1101 et seq.) is amended—

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.032 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5049 (1) in section 101(a)(15)(V), by striking ‘‘(iii) seeks to enter the United States— supporting documentation is required to be ‘‘203(a)(2)(A)’’ each place it appears and in- ‘‘(I) for a tenured position (or tenure-track submitted; serting ‘‘203(a)’’; position) within a university or institution (2) an e-mail or text message to notify ap- (2) in section 201(f)— of higher education to teach in the academic plicants of changes in the status of their ap- (A) in paragraph (2), by striking area; plication. ‘‘203(a)(2)(A)’’ and inserting ‘‘203(a)’’; and ‘‘(II) for a comparable position with a uni- (c) USER FEE.—In addition to any other (B) by striking paragraph (3); and versity or institution of higher education to fees required of applicants for lawful perma- (C) by redesignating paragraph (4) as para- conduct research in the area; or nent under any other provision of law, the graph (3); and ‘‘(III) for a comparable position to conduct Secretary may charge individuals who apply (D) in paragraph (3), as redesignated, by research in the area with a department, divi- for such status through the online portal es- striking ‘‘(1) through (3)’’ and inserting ‘‘(1) sion, or institute of a private employer, if tablished pursuant to subsection (a) a fee in and (2)’’; and the department, division, or institute em- an amount sufficient to pay for the costs of (3) in section 204— ploys at least 3 persons full-time in research maintaining the online portal. (A) in subsection (a)(1)— activities and has achieved documented ac- (d) TIME LIMITATION.—All petitions sub- (i) in subparagraph (A)(i), by striking complishments in an academic field. mitted through the online portal established ‘‘paragraph (1), (3), or (4) of section 203(a)’’ ‘‘(D) CERTAIN MULTINATIONAL EXECUTIVES pursuant to subsection (a) shall be adju- and inserting ‘‘section 203(a)’’; and AND MANAGERS.—An alien described in this dicated in 60 days or less. subparagraph, in the 3 years preceding the (ii) in subparagraph (B)— (e) NATURALIZATION OF EMPLOYEES OF CER- time of the alien’s application for classifica- (I) in clause (i)(I), by striking ‘‘section TAIN NATIONAL SECURITY FACILITIES WITHOUT tion and admission into the United States 203(a)(2)’’ and inserting ‘‘section 203(a)’’; and REGARD TO RESIDENCY REQUIREMENTS.—Sec- under this subparagraph, has been employed (II) in clause (ii), by striking ‘‘clause (iii) tion 316 (8 U.S.C. 1427) is amended by adding for at least 1 year by a firm or corporation or of section 203(a)(2)(A)’’ each place it appears at the end the following: and inserting ‘‘section 203(a)’’; and other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter ‘‘(g)(1) Any person who, while an alien or a (III) in clause (iii), by striking ‘‘section noncitizen national of the United States, has 203(a)(2)(A)’’ and inserting ‘‘section 203(a)’’; the United States in order to continue to render services to the same employer or to a been employed in a research capacity at a and Federal national security, science, and tech- (iii) in subparagraph (D)(i)(I), by striking subsidiary or affiliate thereof in a capacity that is managerial or executive. nology laboratory, center, or agency (as de- ‘‘paragraph (1), (2), or (3) of section 203(a)’’ fined pursuant to section 203(b)(2)(C)) for a and inserting ‘‘section 203(a)’’; ‘‘(E) SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS.—An alien described in this period or periods aggregating one year or (B) in subsection (a)(2)(A), in the undesig- more may, in the discretion of the Secretary, nated matter after clause (ii), by striking subparagraph— ‘‘(i) is capable, at the time of petitioning be naturalized without regard to the resi- ‘‘preference status under section 203(a)(2)’’ dence requirements of this section if the per- and inserting ‘‘status as an immediate rel- for classification under this paragraph, of performing skilled labor (requiring at least 2 son— ative under section 201(b)(2)(A)’’; and ‘‘(A) has complied with all requirements as (C) in subsection (k)(1), by striking ‘‘sec- years training or experience), not of a temporary or seasonal nature, for which quali- determined by the Secretary of Homeland tion 203(a)(2)(B)’’ and inserting ‘‘section Security, the Secretary of Defense, the Sec- 203(a)’’. fied workers are not available in the United States; or retary of Energy, or the head of a petitioning SEC. 2306. EMPLOYMENT-BASED IMMIGRANTS. ‘‘(ii) holds a baccalaureate degree and is a department or agency of the Federal Govern- (a) NUMERICAL LIMITATIONS.—Section 201(d) members of the professions. ment, including contractual requirements to (8 U.S.C. 1151(c)) is amended to read as fol- ‘‘(F) EMPLOYMENT CREATION.—An alien de- maintain employment in a research capacity lows: scribed in this subparagraph seeks to enter with a Federal national security, science, ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT- the United States for the purpose of engag- and technology laboratory, center, or agency BASED IMMIGRANTS.—The maximum world- ing in a new commercial enterprise (includ- for a period not to exceed five years; and wide level of employment-based immigrants ing a limited partnership)— ‘‘(B) has favorably completed and adju- for each fiscal year shall be 1,012,500.’’. ‘‘(i) in which such alien has invested (after dicated a background investigation at the (b) VISA ALLOCATION FOR EMPLOYMENT- the date of the enactment of the Immigra- appropriate level, from the employing de- BASED IMMIGRANTS .—Section 203(b) (8 U.S.C. tion Act of 1990) or, is actively in the process partment or agency of the Federal Govern- 1153(a)) is amended to read as follows: of investing, capital in an amount not less ment within the last five years. ‘‘(b) VISA ALLOCATION FOR EMPLOYMENT- than $1,000,000; and ‘‘(2) The number of aliens or noncitizen na- BASED IMMIGRANTS.—Aliens subject to the ‘‘(ii) which will benefit the United States tionals naturalized in any fiscal year under worldwide level specified in section 201(d) for economy and create full-time employment this subsection shall not exceed a number as employment-based immigrants in a fiscal for not fewer than 10 United States citizens defined by the Secretary of Homeland Secu- year shall be allocated visas as follows: or aliens lawfully admitted for permanent rity, in consultation with the head of the pe- ‘‘(1) HIGHLY-SKILLED WORKERS.—Up to residence or other immigrants lawfully au- titioning department or agency of the Fed- 607,500 visas shall be allocated each fiscal thorized to be employed in the United States eral Government.’’. year to qualified immigrants described in (other than the immigrant and the immi- Strike subtitles A and B of title IV and in- this paragraph, with preference to be given grant’s spouse, sons, or daughters). sert the following: to immigrants described in subparagraph ‘‘(2) WORKERS IN DESIGNATED SHORTAGE OC- (A). SEC. 4101. MARKET-BASED H–1B VISA LIMITS. CUPATIONS.—Up to 405,000 visas shall be allo- (a) IN GENERAL.—Section 214(g)(1) (8 U.S.C. ‘‘(A) ADVANCED DEGREES IN STEM FIELD.— cated each fiscal year to qualified immi- An alien described in this paragraph holds an 1184(g)(1)) is amended— grants who— (1) in the matter preceding subparagraph advanced degree in science, technology, engi- ‘‘(A) are not described in paragraph (1); and neering, or mathematics from an accredited (A), by striking ‘‘(beginning with fiscal year ‘‘(B) have at least 2 years experience in an 1992)’’; and institution of higher education in the United occupation designated by the Bureau of States. (2) by amending subparagraph (A) to read Labor Statistics as experiencing a shortage as follows: ‘‘(B) ALIENS WITH EXTRAORDINARY ABIL- of labor throughout the United States.’’. ITY.—An alien described in this subpara- ‘‘(A) under section 101(a)(15)(H)(i)(b) may (c) TREATMENT OF FAMILY MEMBERS.—Sec- not exceed— graph— tion 203(d) (8 U.S.C. 1153(d)) is amended— ‘‘(i) 65,000 in fiscal year 2013; and ‘‘(i) has extraordinary ability in the (1) by striking ‘‘(a), (b), or (c)’’ and insert- ‘‘(ii) 325,000 in each subsequent fiscal year; sciences, arts, education, business, or ath- ing ‘‘(a) or (b)’’; and and’’; letics which has been demonstrated by sus- (2) by adding at the end the following: tained national or international acclaim and ‘‘The spouse, children, or parents of an alien SEC. 4102. WORK AUTHORIZATION FOR DEPEND- whose achievements have been recognized in receiving a visa under subsection 203(b) who ENT SPOUSES OF H–1B NON- IMMIGRANTS. the field through extensive documentation; are accompanying or following to join the ‘‘(ii) seeks to enter the United States to alien shall be counted against the numerical Section 214(n) (8 U.S.C. 1184(n)) is amend- continue work in the area of extraordinary limitations set forth in subsection (b).’’. ed— (1) by amending the subsection heading to ability; and SEC. 2307. ONLINE PORTAL FOR LAWFUL PERMA- ‘‘(iii) will substantially benefit the United NENT RESIDENT APPLICATIONS. read as follows ‘‘EMPLOYMENT AUTHORIZATION States. (a) ESTABLISHMENT.—The Secretary shall FOR H–1B NONIMMIGRANTS AND THEIR ‘‘(C) OUTSTANDING PROFESSORS AND RE- establish an online portal through which in- SPOUSES’’; and SEARCHERS.—An alien described in this sub- dividuals may submit applications for lawful (2) by adding at the end the following: paragraph— permanent resident status. ‘‘(3) The spouse of an alien provided non- ‘‘(i) is recognized internationally as out- (b) FEATURES.—The online portal estab- immigrant status under section standing in a specific academic area; lished pursuant to subsection (a) shall pro- 101(a)(15)(H)(i)(b) is authorized to accept em- ‘‘(ii) has at least 3 years of experience in vide— ployment in the United States while his or teaching or research in the academic area; (1) step-by-step instructions, in plain her principal alien spouse lawfully maintains and English, describing what information and such status while in the United States.’’.

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.033 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5050 CONGRESSIONAL RECORD — SENATE June 24, 2013 SEC. 4103. AUTHORIZATION OF DUAL INTENT. (b) AUTHORITY TO WAIVE ANNUITY LIMITA- prehensive immigration reform and for (a) DEFINITION.—Section 101(a)(15)(F)(i) (8 TIONS.—Section 824(g)(2)(B) of the Foreign other purposes; which was ordered to U.S.C. 1101(a)(15)(F)(i)) is amended by strik- Service Act of 1980 (22 U.S.C. 4064(g)(2)(B)) is lie on the table; as follows: ing ‘‘which he has no intention of aban- amended by striking ‘‘2009’’ and inserting On page 62, after line 23, add the following: doning’’ and inserting ‘‘which, if the alien is ‘‘2017’’. not pursuing a course of study at an accred- SEC. 10. IMMIGRATION REFORM IMPLEMENTA- TION COUNCIL. ited institution of higher education (as de- SA 1589. Mr. CARPER submitted an (a) ESTABLISHMENT.—Not later than 30 days fined in section 101 of the Higher Education amendment intended to be proposed to after the date of enactment of this Act, the Act of 1965 (20 U.S.C. 1001)), the alien has no amendment SA 1183 submitted by Mr. Secretary shall establish a coordinating intention of abandoning’’. LEAHY (for himself and Mr. HATCH) to body, to be known as the Immigration Re- (b) PRESUMPTION OF STATUS; INTENTION TO the bill S. 744, to provide for com- form Implementation Council (in this sec- ABANDON FOREIGN RESIDENCE.—Section 214 (8 tion referred to as the ‘‘Implementation U.S.C. 1184) is amended— prehensive immigration reform and for other purposes; which was ordered to Council’’), to oversee implementation of (1) in subsection (b), by striking ‘‘(L) or those portions of this Act and the amend- (V)’’ and inserting ‘‘(F), (L), or (V)’’; and lie on the table; as follows: ments made by this Act that lie within the (2) in subsection (h), by striking ‘‘(H)(i)(b) On page 56, strike line 1, and insert the fol- responsibilities of the Department. or (c)’’ and inserting ‘‘(F), (H)(i)(b), lowing: (b) CHAIRPERSON.—The Deputy Secretary of (H)(i)(c)’’. (d) OVERSIGHT OF TRUST FUND.— Homeland Security shall serve as Chair- SEC. 4104. H–1B FEE INCREASE. (1) OFFICE OF INSPECTOR GENERAL.— person of the Implementation Council, re- (a) IN GENERAL.—Section 214(c)(9) (8 U.S.C. (A) PLAN.—Not later than 90 days after the porting to and under the authority of the 1184(c)(9)) is amended by striking subpara- date of enactment of this Act, the Inspector Secretary and in keeping with the authori- graphs (B) and (C) and inserting the fol- General of the Department, in consultation ties specified by the Homeland Security Act lowing: with the Inspectors General of other relevant of 2002 (Public Law 107–296). ‘‘(B) The amount of the fee imposed under agencies, shall submit a plan for oversight of (c) MEMBERSHIP.—The members of the Im- subparagraph (A) shall be— the implementation of this Act and the plementation Council shall include the fol- ‘‘(i) $2,500 for each such petition by an em- amendments made by this Act. In developing lowing: ployer with more than 25 full-time equiva- the plan under this subparagraph, the In- (1) The Commissioner for Customs and Bor- lent employees who are employed in the spector General shall give particular empha- der Protection. United States, including any affiliate or sub- sis to management of the Trust Fund and (2) The Assistant Secretary for Immigra- sidiary of such employer; or oversight of the deployment of resources, in- tion and Customs Enforcement. ‘‘(ii) $1,250 for each such petition by any frastructure, and funds under the Com- (3) The Director of U.S. Citizenship and Im- employer with not more than 25 full-time prehensive Southern Border Security Strat- migration Services. equivalent employees who are employed in egy and the Southern Border Fencing Strat- (4) The Under Secretary for Management. the United States , including any affiliate or egy and to implement the Employment (5) The General Counsel of the Department. subsidiary of such employer. Verification System established under sec- (6) The Assistant Secretary for Policy. ‘‘(C) Of the amounts collected under this tion 274A(d)(1)(A) of the Immigration and (7) The Director of the Office of Inter- paragraph— Nationality Act (as amended by section 3101 national Affairs. ‘‘(i) 60 percent shall be deposited in the H– of this Act). (8) The Officer for Civil Rights and Civil 1B Nonimmigrant Petitioner Account in ac- (B) AVAILABILITY OF FUNDS.—In addition to Liberties. (9) The Privacy Officer. cordance with section 286(s); and the amounts made available under paragraph (10) The Director of the Office of Biometric ‘‘(ii) 40 percent shall be deposited in the (3), there are authorized to be appropriated Identity Management. STEM Education and Training Account es- to the Inspector General of the Department (11) Other appropriate officers or employ- tablished under section 286(w).’’. such sums as are necessary to conduct over- ees of the Department, as determined by the (b) STEM EDUCATION AND TRAINING AC- sight under the plan submitted under sub- Secretary or the Chairperson of the Imple- COUNT.—Section 286 (8 U.S.C. 1356) is amend- paragraph (A). mentation Council. ed by adding at the end the following: (2) DEPARTMENT PLAN.—Not later than 90 (d) DUTIES.—The Implementation Council DUCATION AND TRAINING AC- days after the date of enactment of this Act, ‘‘(w) STEM E shall— the Secretary shall submit to the Committee COUNT.— (1) meet regularly to coordinate implemen- on Homeland Security and Governmental Af- ‘‘(1) IN GENERAL.—There is established in tation of this Act and the amendments made fairs of the Senate and the Committee on the general fund of the Treasury a separate by this Act, with particular regard to— Homeland Security of the House of Rep- account, which shall be known as the ‘STEM (A) broad policy coordination of immigra- Education and Training Account’ (referred resentatives a plan that describes the action reform under this Act and the amend- to in this subsection as the ‘Account’). tions the Department shall take, the em- ments made by this Act; ‘‘(2) DEPOSITS.—There shall be deposited as ployees the Department shall assign, and the (B) policy and operational concerns regard- offsetting receipts into the Account 40 per- procedures the Department shall implement ing the Comprehensive Immigration Reform cent of the fees collected under section to ensure that funds from the Trust Fund Trust Fund established under section 6; 214(c)(9)(B). are— (C) timely development of regulations re- ‘‘(3) USE OF FUNDS.—Amounts deposited in (A) spent efficiently and effectively; quired by this Act or an amendment made by the Account may be used to enhance the eco- (B) well managed, including with respect this Act and related guidance; and nomic competitiveness of the United States to the awarding and administration of con- (D) participating in interagency decision- by— tracts and the validation of technology; and making with the Executive Office of the ‘‘(A) establishing a block grant program (C) managed so as to comply with all appli- President, the Office of Management and for States to promote STEM education; and cable financial audit standards. Budget, the Department of State, the De- ‘‘(B) carrying out programs to bridge (3) AVAILABILITY OF FUNDS.—For the pur- partment of Justice, the Department of STEM education with employment, such as poses of ensuring the funds in the Trust Labor, and other agencies regarding imple- work-study program.’’. Fund are spent efficiently and effectively mentation of this Act and the amendments and are well managed and for the cost of con- made by this Act; SA 1588. Mr. CARPER submitted an ducting the audits required under subsection (2) establish liaisons to other agencies re- amendment intended to be proposed to (c), 0.5 percent of funds deposited in the sponsible for implementing significant por- amendment SA 1183 submitted by Mr. Trust Fund each fiscal year under subsection tions of this Act or the amendments made by (a)(2) shall be provided in each such fiscal LEAHY (for himself and Mr. HATCH) to this Act, including the Department of State, year to the Secretary, who shall transfer the bill S. 744, to provide for com- the Department of Justice, the Department half of the amount received each fiscal year of Labor; prehensive immigration reform and for to the Inspector General of the Department. other purposes; which was ordered to (3) establish liaisons to key stakeholders, Amounts made available under this para- including employer associations and labor lie on the table; as follows: graph shall remain available until the end of unions; Strike section 2108 and insert the fol- the 10th fiscal year beginning after the date (4) provide regular briefings to the Com- lowing: on which the amounts are made available to mittee on Homeland Security and Govern- SEC. 2108. HIRING. the Secretary. mental Affairs of the Senate, the Committee (e) DETERMINATION OF BUDGETARY EF- (a) HIRING RULES EXEMPTION.—The Sec- on Homeland Security of the House of Rep- retary is authorized to make term, tem- FECTS.— resentatives, and other appropriate commit- porary limited, and part-time appointments Mr. CARPER submitted an tees of Congress; of employees who will implement this title SA 1590. (5) provide timely information regarding and the amendments made by this title with- amendment intended to be proposed to Department-wide implementation of this Act out regard to the number of such employees, amendment SA 1183 submitted by Mr. and the amendments made by this Act their ratio to permanent full-time employ- LEAHY (for himself and Mr. HATCH) to through a single, centralized location on the ees, and the duration of their employment. the bill S. 744, to provide for com- website of the Department; and

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.033 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5051 (6) conduct such other activities as the share any data that is required to comply (III) length of time an individual over- Secretary or Chairperson of the Implementa- with this section. stayed, including— tion Council determine appropriate. (5) CONSULTATION.—In carrying out this (aa) the number of individuals who over- (e) MAINTENANCE OF COUNCIL.—The Imple- subsection, the Director of the Office shall stayed less than 180 days; mentation Council shall terminate at the consult with the Ombudsman for Immigra- (bb) the number of individuals who over- end of the period necessary for the Depart- tion Related Concerns to the greatest extent stayed less than 1 year; and ment to implement substantially the respon- practicable. (cc) the number of individuals who over- sibilities of the Department under this Act (6) PLACEMENT.—Not later than 180 days stayed for 1 year or longer; and and the amendments made by this Act, as after the date of the enactment of this Act, (ii) estimates of the total number of unau- determined by the Secretary, but in no event the Secretary shall notify Congress where thorized aliens in the United States that en- earlier than 10 years after the date of enact- the Office has been established within the tered legally and overstayed the terms of ment of this Act. Department. their admission; (f) STAFF.—The Deputy Secretary of Home- (7) CONFORMING AMENDMENT.—Section (D) for interior enforcement— land Security shall appoint a full-time exec- 103(d) (8 U.S.C. 1103(d)) is amended by strik- (i) the number of arrests made by U.S. Im- utive director and such other employees as ing ‘‘Commissioner’’ and inserting ‘‘Director migration and Customs Enforcement for are necessary for the Implementation Coun- of the Office of Homeland Security Statis- civil violations of immigration laws and the cil. tics’’. number of arrests made for criminal viola- (g) AVAILABILITY OF FUNDS.—Amounts tions, categorized by Special Agent in made available to the Secretary under sec- (c) REPORT ON PERFORMANCE METRICS.— tion 6(b) may be used to support the activi- (1) IN GENERAL.—In addition to any reports Charge field office; ties of the Implementation Council in imple- required to be produced by the Office of Im- (ii) the legal basis for the arrests pursuant menting this Act and the amendments made migration Statistics before the date of en- to criminal statutes described in clause (i); by this Act. actment of this Act, the Director, on an an- (iii) the ultimate disposition of the arrests nual basis, shall submit to Congress a report described in clause (i); SA 1591. Mr. CARPER submitted an on performance metrics that will enable— (iv) the overall number of removals and the amendment intended to be proposed to (A) the Department to develop an under- number of removals, by nationality; amendment SA 1183 submitted by Mr. standing of— (v) the overall average length of detention and the length of detention, by nationality; LEAHY (for himself and Mr. HATCH) to (i) the security of the border; and the bill S. 744, to provide for com- (ii) efforts to enforce immigration laws within the United States; and (vi) the number of referrals from U.S. Citi- prehensive immigration reform and for zenship and Immigration Services to Immi- other purposes; which was ordered to (iii) the overall working of the immigration system; and gration and Customs Enforcement, and the lie on the table; as follows: (B) policy makers, including Congress— ultimate outcome of these referrals, includ- After section 1123, insert the following: (i) to make more effective investments in ing how many resulted in removal pro- SEC. 1124. BETTER ENFORCEMENT THROUGH order to secure the border; ceedings; TRANSPARENCY AND ENHANCED RE- (ii) to enforce the immigration laws of the (E) for immigration benefits— PORTING ON THE BORDER ACT. United States; and (i) the number of applications processed, (a) SHORT TITLE.—This section may be (iii) to ensure that the Federal immigra- rejected, and accepted each year for all cat- cited as the ‘‘Better Enforcement Through tion system is working efficiently at every egories of immigration benefits, categorized Transparency and Enhanced Reporting on by visa type; the Border Act’’ or the ‘‘BETTER Border level. (2) CONTENTS.—The report required under (ii) the mean and median processing times Act’’. for all categories of immigration benefits, (b) OFFICE OF HOMELAND SECURITY STATIS- paragraph (1) shall contain outcome performance measures, for the year covered by categorized by visa type; and TICS.— (iii) data relating to fraud uncovered in ap- (1) ESTABLISHMENT.—There is established the report, including— plications for all categories of immigration within the Department an Office of Home- (A) for the areas between ports of entry— benefits, categorized by visa type; and land Security Statistics (referred to in this (i) the estimated number of attempted ille- (F) for the Employment Verification Sys- section as the ‘‘Office’’), which shall be head- gal entries, the estimated number of success- tem established under section 274A of the ed by a Director. ful entries, and the number of apprehensions, Immigration and Nationality Act (8 U.S.C. (2) TRANSFER OF FUNCTIONS.— categorized by sector; 1324a)— (A) ABOLISHMENT OF OFFICE OF IMMIGRATION (ii) the number of individuals that at- (i) the total number of tentative noncon- STATISTICS.—The Office of Immigration Sta- tempted to cross the border and information firmations (further action notices); tistics of the Department is abolished. concerning how many times individuals at- (ii) the number of tentative nonconfirma- (B) TRANSFER OF FUNCTIONS.—All functions tempted to cross, categorized by sector; and responsibilities of the Office of Immigra- (iii) the number of individuals returned to tions issued to workers who were subse- tion Statistics as of the day before the date Mexico voluntarily, criminally prosecuted, quently found to be authorized for employ- of the enactment of this Act, including all of and receiving any other form of sanctions, ment in the United States; the personnel, assets, components, authori- categorized by sector; and (iii) the total number of final nonconfirma- ties, programs, and liabilities of the Office of (iv) the recidivism rates for all classes of tions; Immigration Statistics, are transferred to individuals apprehended, including individ- (iv) the number of final nonconfirmations the Office of Homeland Security Statistics. uals returned to Mexico voluntarily, crimi- issued to workers who were subsequently (3) DUTIES.—The Director of the Office nally prosecuted, and receiving any other found to be authorized for employment in shall— form of sanctions, categorized by sector; the United States; (A) collect information from agencies of (B) for ports of entry— (v) the total number of confirmations; and the Department, including internal data- (i) the estimated number of attempted ille- (vi) the estimated number of confirmations bases used to— gal entries, the number of apprehensions, issued to unauthorized workers. (i) undertake border inspections; and the estimated number of successful en- (d) EARLY WARNING SYSTEM.—Using the data collected by the Office under this sec- (ii) identify visa overstays; tries, categorized by field office; and tion, the Secretary shall establish an early (iii) undertake immigration enforcement (ii) information compiled based on random warning system to estimate future illegal actions; and samples of secondary inspections, including immigration, which shall monitor the out- (iv) grant immigration benefits; estimates of the effectiveness of inspectors come performance measures described in (B) produce the annual report required to in identifying civil and criminal immigra- subsection (c)(2), along with political, eco- be submitted to Congress under subsection tion and customs violations, categorized by nomic, demographic, law enforcement, and (c); and field office; and other trends that may affect such outcomes. (C) collect the information described in (iii) enforcement outcomes for individuals (e) SYSTEMATIC MODELING OF ILLEGAL IMMI- section 103(d) of the Immigration and Na- denied admission, including the number of— GRATION TRENDS.—The Secretary shall pro- tionality Act (8 U.S.C. 1103(d)) and dissemi- (I) individuals allowed to withdraw their vide for the systematic modeling of illegal nate such information to Congress and to the application for admission or voluntarily re- immigration trends to develop forecast mod- public; turn to their country of origin; els of illegal immigration flows and esti- (D) produce any other reports and conduct (II) individuals referred for criminal pros- mates for the undocumented population re- any other work that the Office of Immigra- ecution; and siding within the United States. tion Statistics was required to produce or (III) individuals receiving any other form (f) EXTERNAL REVIEW OF HOMELAND SECU- conduct before the date of the enactment of of administrative sanction; RITY DATA.— this Act; and (C) for visa overstays— (1) IN GENERAL.—The Secretary, in con- (E) produce such other reports or conduct (i) the number of people that overstay the sultation with the National Academy of such other work as the Secretary determines terms of their admission into the United Sciences, shall make raw data collected by to be necessary. States, categorized by— the Department, including individual-level (4) INTRADEPARTMENTAL DATA SHARING.— (I) nationality; data subject to the requirements in para- Agencies and offices of the Department shall (II) type of visa or entry; and graph (3), on border security, immigration

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.034 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5052 CONGRESSIONAL RECORD — SENATE June 24, 2013 enforcement, and immigration benefits this Act, including by reassigning or sta- (I) The use of technology, including low-al- available for research on immigration tioning U.S. Customs and Border Protection titude radar, ground-based fiber optic sen- trends, to— Officers and U.S. Border Patrol Agents from sors, and unmanned aircraft, for each of the (A) appropriate academic institutions and the Northern border to the Southern border. Department elements involved in Northern centers of excellence; (B) LIMITED PERSONNEL TRANSFER AUTHOR- border operations, including whether the ele- (B) the Congressional Research Service; ITY.—Notwithstanding subparagraph (A), the ments need additional technological assets. and Secretary may reassign or station personnel (II) The impact of operation and mainte- (C) the Government Accountability Office. from a location along the Northern border to nance funds on Northern border protection, (2) PUBLIC RELEASE OF DATA.—The Sec- the Southern border if— including whether elements have sufficient retary shall ensure that data of the Depart- (i) the most recent report submitted under operation and maintenance funds to accom- ment on border security, immigration en- paragraph (3) indicates excess personnel plish their missions, and if additional local forcement, and immigration benefits is re- exist at such Northern border location be- flexibility regarding funds is needed to ac- leased to the public to the maximum degree yond what is needed to meet and maintain complish core Department missions. permissible under Federal law to increase appropriate staffing levels; and (III) Strategies for dealing with smuggling the confidence of the public in the credi- (ii) the Secretary notifies the appropriate operations of illegal goods and illicit drugs, bility and objectivity of measurements re- congressional committees and the Governor both at ports and in non-port areas. lated to the management and outcomes of of each State from which such personnel will (IV) Options for the Department to develop immigration and border control processes. be transferred. and enhance local, State, and tribal partnerships along the Northern border. (3) REQUIREMENTS.—In carrying out this (C) TEMPORARY EMERGENCY AUTHORITY.— (V) The geographic challenges of the subsection, the Secretary, in consultation (i) IN GENERAL.—The Secretary may trans- Northern border. with the National Academy of Sciences— fer personnel from along the Northern border (3) REPORT.— (A) shall ensure that the data described in if the Secretary notifies and provides jus- (A) IN GENERAL.—Not later than 180 days paragraphs (1) and (2) is anonymized to safe- tification to the appropriate congressional after the date of the enactment of this Act, guard individual privacy; committees that an emergency need due to a and every 180 days thereafter, the Secretary (B) may mask location data below the sec- critical personnel shortage exists in the lo- shall submit to the appropriate congres- tor, district field office, or special agent in cation or locations where the Secretary pro- sional committees a report on the study con- charge office level to protect national secu- poses to transfer the personnel to, and that ducted under paragraph (2). rity; and the location or locations from which the per- (B) CONTENT.—The report required under (C) shall not be required to provided classi- sonnel are to be transferred, has at the time subparagraph (A) shall include the following fied information to individuals other than to of the proposed transfer a level of personnel elements: those individuals who have appropriate secu- that is greater than the level needed to meet (i) The findings of the study conducted rity clearances. and maintain the mission of Department under paragraph (2). (g) AVAILABILITY OF FUNDS.—The Secretary along the Northern Border. (ii) Input from other Federal agencies op- may use such sums as may be necessary from (ii) DURATION OF AUTHORITY.—Any author- erating in the Northern border States, such the Comprehensive Immigration Reform ity exercised under clause (i) shall extend as the Bureau of Indian Affairs, the Federal Trust Fund established under section until the next report required under para- Bureau of Investigations, the Drug Enforce- 6(a)(1)— graph (3) is submitted, but may be extended ment Agency, the Food and Drug Adminis- (1) to establish the Office; and for the duration of one or more reporting pe- tration, and the Bureau of Alcohol, Tobacco, (2) to produce reports related to securing riods provided that the most recent report so Firearms and Explosives, that could be im- the border and enforcing the immigration submitted states that the transfer was ap- pacted by any reallocation, increase, or de- laws of the United States. propriate and that the border region from crease of Department personnel, resources, which the personnel were transferred cur- Mrs. BOXER (for herself, Ms. technological assets, or funding along the SA 1592. rently has a sufficient level of personnel. Northern border. LANDRIEU, and Mrs. MURRAY) sub- (2) STUDY REQUIRED.— (iii) A description of any changes along the mitted an amendment intended to be (A) IN GENERAL.—The Secretary shall con- Southern border that are impacting the proposed to amendment SA 1183 sub- duct a study on the Northern border focusing Northern border. mitted by Mr. LEAHY (for himself and on the following priorities: (iv) Recommendations for enhancing secu- (i) Ensuring the efficient flow of cross-bor- Mr. HATCH) to the bill S. 744, to provide rity along the Northern border. der economic and personal traffic between for comprehensive immigration reform (v) An explanation of why the Department States along the Northern border and Can- and for other purposes; which was or- is not implementing any recommendations ada. dered to lie on the table; as follows: contained in the study. (ii) Preventing individuals from illegally (vi) Recommendations for additional legis- On page 91, line 21, insert after ‘‘agents,’’ crossing over the Northern border. lation necessary to implement recommenda- the following: ‘‘in consultation with the Sec- (iii) Preventing the flow of illegal goods tions contained in the study. retary of Defense, National Guard personnel and illicit drugs across the Northern Border. (b) APPROPRIATE CONGRESSIONAL COMMIT- performing duty to assist U.S. Customs and (iv) Ensuring an appropriate level of na- TEES DEFINED.—In this section, the term Border Protection under section 1103(c)(6) of tional security measures is in place to this Act, Coast Guard officers and agents as- ‘‘appropriate congressional committees’’ thwart acts of terrorism. means— sisting in maritime border enforcement ef- (B) SCOPE.—The study required under this forts,’’ (1) the Committee on the Judiciary, the paragraph shall include the following: Committee on Homeland Security and Gov- (i) An examination of the strategies that SA 1593. Ms. HEITKAMP (for herself, ernmental Affairs, the Committee on Appro- the Department is using to secure the bor- priations, and the Committee on Finance of Mr. LEVIN, Mr. TESTER, and Mr. BAU- der, including an assessment of their current the Senate; and CUS) submitted an amendment intended effectiveness and recommendations on how (2) the Committee on the Judiciary, the to be proposed to amendment SA 1183 their effectiveness could be enhanced. Committee on Homeland Security, the Com- submitted by Mr. LEAHY (for himself (ii) A determination of the appropriate per- mittee on Appropriations, and the Com- sonnel, resource, technological asset, and and Mr. HATCH) to the bill S. 744, to mittee on Ways and Means of the House of funding requirements for all Department ele- Representatives. provide for comprehensive immigration ments deployed on the Northern border, in- reform and for other purposes; which cluding interior enforcement. This should in- SA 1594. Mrs. FISCHER submitted an was ordered to lie on the table; as fol- clude a description of measures the Depart- amendment intended to be proposed to lows: ment needs to take to either meet those amendment SA 1183 submitted by Mr. needs or shift excess personnel, resources, At the end of title I, add the following: LEAHY (for himself and Mr. HATCH) to technological assets, or funding to a dif- SEC. 1124. LIMITATION ON RESOURCE SHIFTING the bill S. 744, to provide for com- FROM NORTHERN BORDER TO ferent region as well as a description of the SOUTHERN BORDER. challenges the Department faces in meeting prehensive immigration reform and for (a) STUDY AND REPORT ON NORTHERN BOR- the identified needs or shifting excess per- other purposes; which was ordered to DER.— sonnel, resources, technological assets, or lie on the table; as follows: (1) LIMITATION ON RESOURCE SHIFTING.— funding. In section 245B(b) of the Immigration and (A) IN GENERAL.—Except as provided in (iii) A State-by-State assessment of the Nationality Act, as added by section 2101(a) subparagraphs (B) and (C), and notwith- Northern border States and a description of of the amendment, insert after paragraph (3) standing section 1102(d)or any other provi- the personnel, resource, technological asset, the following: sion of this Act, the Secretary may not re- and funding needs for each location as deter- ‘‘(4) ENGLISH SKILLS.—An alien is not eligi- duce the levels of Department personnel, re- mined by the Department. ble for registered provisional immigrant sta- sources, technological assets or funding for (iv) With respect to the four priorities de- tus unless the alien establishes that the operations on the Northern border below scribed in subparagraph (A), a description of alien meets the requirements of section such levels as of the date of the enactment of the following issues: 245C(b)(4).

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.034 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5053 SA 1595. Mr. UDALL of New Mexico SEC. 1124. USE OF AMERICAN IRON, STEEL, AND tion of the numerical limits under this para- MANUFACTURED GOODS. (for himself and Mr. HEINRICH) sub- graph is being performed; and (a) IN GENERAL.—None of the amounts ap- mitted an amendment intended to be ‘‘(ii) the term preceding year shall refer to propriated or otherwise made available the 12-month period immediately preceding proposed to amendment SA 1183 sub- under this Act may be used for a project for the current year. mitted by Mr. LEAHY (for himself and the construction, alteration, maintenance, ‘‘(B) NUMERICAL LIMITATION.—Subject to Mr. HATCH) to the bill S. 744, to provide or repair of a fence along the Southern bor- subparagraph (D), the number of registered for comprehensive immigration reform der unless all of the iron, steel, and manufac- positions that may be approved by the Sec- and for other purposes; which was or- tured goods used in the fence are produced in retary for a year after the fourth year re- dered to lie on the table; as follows: the United States. ferred to in paragraph (1)(A)(iv) shall be (b) WAIVER.—Subsection (a) shall not apply equal to the sum of— At the end of section 1104, add the fol- in any case or category of cases in which the ‘‘(i) the number of such registered posi- lowing: head of the Federal department or agency in- tions available under this paragraph for the (e) BORDER ENFORCEMENT SECURITY TASK volved finds that— preceding year; and FORCE.— (1) applying subsection (a) would be incon- ‘‘(ii) the product of— (1) IN GENERAL.—The Secretary shall en- sistent with the public interest; ‘‘(I) the number of such registered posi- hance law enforcement preparedness and (2) iron, steel, and the relevant manufac- tions available under this paragraph for the operational readiness in the Southwest bor- tured goods are not produced in the United preceding year; multiplied by der region by expanding the Border Enforce- States in sufficient and reasonably available ‘‘(II) the index for the current year cal- ment Security Task Force (referred to in quantities and of a satisfactory quality; or culated under subparagraph (C). this section as ‘‘BEST’’), established under (3) inclusion of iron, steel, and manufac- ‘‘(C) INDEX.—The index calculated under section 432 of the Homeland Security Act of tured goods produced in the United States this subparagraph for a current year equals 2002 (6 U.S.C. 240). will increase the cost of the overall project the sum of— (2) UNITS TO BE EXPANDED.—The Secretary by more than 25 percent. ‘‘(i) one-fifth of a fraction— (c) PUBLICATION OF WAIVER JUSTIFICA- shall expand the BEST units operating on ‘‘(I) the numerator of which is the number TION.—If the head of a Federal department or the date of the enactment of this Act in New of registered positions that registered em- agency determines that it is necessary to Mexico, Texas, Arizona, and California by in- ployers applied to have approved under sub- waive the application of subsection (a) based creasing the funding available for oper- section (e)(1) for the preceding year minus on a finding under subsection (b), the head of ational, administrative, and technological the number of registered positions approved costs associated with the participation of the department or agency shall publish in the Federal Register a detailed written jus- under subsection (e) for the preceding year; Federal, State, local, and tribal law enforce- and ment agencies in BEST. tification as to why the provision is being waived. ‘‘(II) the denominator of which is the num- (3) FUNDING.—There are authorized to be (d) SAVINGS PROVISION.—This section shall ber of registered positions approved under appropriated, from the Comprehensive Immi- be applied in a manner consistent with subsection (e) for the preceding year; gration Reform Trust Fund established United States obligations under inter- ‘‘(ii) one-fifth of a fraction— under section 6(a)(1), such sums as may be national agreements. ‘‘(I) the numerator of which is the number necessary to carry out this subsection. of registered positions the Commissioner SA 1598. Mr. THUNE submitted an recommends be available under this subpara- SA 1596. Mr. UDALL of New Mexico amendment intended to be proposed to graph for the current year minus the number (for himself and Mr. HEINRICH) sub- amendment SA 1183 submitted by Mr. of registered positions available under this mitted an amendment intended to be LEAHY (for himself and Mr. HATCH) to subsection for the preceding year; and proposed to amendment SA 1183 sub- the bill S. 744, to provide for com- ‘‘(II) the denominator of which is the number of registered positions available under EAHY prehensive immigration reform and for mitted by Mr. L (for himself and this subsection for the preceding year; Mr. HATCH) to the bill S. 744, to provide other purposes; which was ordered to ‘‘(iii) three-tenths of a fraction— for comprehensive immigration reform lie on the table; as follows: ‘‘(I) the numerator of which is the number and for other purposes; which was or- On page 3, line 11, strike ‘‘Act,’’ and insert of unemployed United States workers for the dered to lie on the table; as follows: ‘‘Act and carried out all the actions required preceding year minus the number of unem- by clauses (ii), (v), (i), (iii), (iv) of paragraph ployed United States workers for the current On page 79, between lines 3 and 4, insert (2)(A),’’. the following: year; and ‘‘(II) the denominator of which is the num- (e) ADDITIONAL PERMANENT DISTRICT COURT SA 1599. Mr. TOOMEY submitted an ber of unemployed United States workers for JUDGESHIPS IN NEW MEXICO.— amendment intended to be proposed to the preceding year; and (1) IN GENERAL.—The President shall ap- amendment SA 1183 submitted by Mr. ‘‘(iv) three-tenths of a fraction— point, by and with the advice and consent of LEAHY (for himself and Mr. HATCH) to ‘‘(I) the numerator of which is the number the Senate, 1 additional district judge for the of job openings as set out in the Job Open- district of New Mexico. the bill S. 744, to provide for comings and Labor Turnover Survey of the Bu- (2) CONVERSION OF TEMPORARY JUDGESHIP TO prehensive immigration reform and for reau of Labor Statistics for the current year PERMANENT JUDGESHIP.—The existing judge- other purposes; which was ordered to minus such number of job openings for the ship for the district of New Mexico author- lie on the table; as follows: preceding year; and ized by section 312(c) of the 21st Century De- In section 220(g) of the Immigration and ‘‘(II) the denominator of which is the num- partment of Justice Appropriations Author- Nationality Act, as added by section 4703 of ber of such job openings for the preceding ization Act (28 U.S.C. 133 note; Public Law this amendment, strike paragraphs (1) and year; 107–273; 116 Stat. 1788), as of the effective (2) and insert the following: ‘‘(D) MINIMUM AND MAXIMUM LEVELS.—The date of this Act, shall be authorized under ‘‘(1) REGISTERED POSITIONS.— number of registered positions calculated section 133 of title 28, United States Code, ‘‘(A) IN GENERAL.—Subject to paragraphs under subparagraph (B) for a 12-month period and the incumbent in that office shall hold (3) and (4), the maximum number of reg- may not be less than 200,000 nor more than the office under section 133 of title 28, United istered positions that may be approved by 400,000.’’. States Code, as amended by this Act. the Secretary for a year is as follows: (3) TECHNICAL AND CONFORMING AMEND- ‘‘(i) For the first year aliens are admitted SA 1600. Mr. RISCH submitted an MENT.—The table contained in section 133(a) as W nonimmigrants, 200,000. amendment intended to be proposed by of title 28, United States Code, is amended by ‘‘(ii) For the second such year, 250,000. striking the item relating to the district of ‘‘(iii) For the third such year, 300,000. him to the bill S. 744, to provide for New Mexico and inserting the following: ‘‘(iv) For the fourth such year, 350,000. comprehensive immigration reform ‘‘(v) For each year after the fourth such and for other purposes; which was or- ‘‘New Mexico ...... 8’’. year, the level calculated for that year under dered to lie on the table; as follows: paragraph (2). On page 1369, strike lines 1 through 16, and SA 1597. Mr. REID (for Mr. BROWN) ‘‘(B) DATES.—The first year referred to in insert the following: submitted an amendment intended to subparagraph (A)(i) shall begin on April 1, ‘‘(III) SYSTEM PARTICIPATION EXEMPTION be proposed to amendment SA 1183 sub- 2015, and end on March 31, 2016, unless the FOR SMALL EMPLOYERS FOLLOWING PERSISTENT mitted by Mr. LEAHY (for himself and Secretary determines that such first year SYSTEM INACCURACIES.—Notwithstanding Mr. HATCH) to the bill S. 744, to provide shall begin on October 1, 2015, and end on paragraph (2)(G), in any calendar year fol- for comprehensive immigration reform September 30, 2016. lowing a report by the Inspector General and for other purposes; which was or- ‘‘(2) YEARS AFTER YEAR 4.— under subclause (I) that the System had an ‘‘(A) CURRENT YEAR AND PRECEDING YEAR.— error rate higher than 0.3 percent for the pre- dered to lie on the table; as follows: In this paragraph— vious fiscal year, employers with 50 or fewer At the end of subtitle A of title I, add the ‘‘(i) the term current year shall refer to employees shall not be required to partici- following: the 12-month period for which the calcula- pate in the System.

VerDate Mar 15 2010 05:15 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.038 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5054 CONGRESSIONAL RECORD — SENATE June 24, 2013 SA 1601. Mr. RISCH (for himself and ‘‘(B) any individual, document, record, ma- Reform and Terrorism Prevention Act of 2004 Mr. COBURN) submitted an amendment terial, file, report, memorandum, policy, pro- (42 U.S.C. 2000ee)’’; intended to be proposed by him to the cedure, investigation, video or audio record- (C) by striking ‘‘, and detailing any allega- bill S. 744, to provide for comprehen- ing or other media, or quality assurance re- tions’’ and all that follows through ‘‘such al- port relating to any institution or entity legations.’’ and inserting ‘‘and a compilation sive immigration reform and for other outside of the Federal Government that is of the information provided in the quarterly purposes; which was ordered to lie on the subject of or related to an investigation reports under paragraph (2).’’; and the table; as follows: under this section. (D) by adding at the end the following: At the appropriate place, insert the fol- ‘‘(2) ISSUANCE AND SERVICE.—A subpoena ‘‘(2) QUARTERLY REPORTS.— lowing: issued under this subsection shall— ‘‘(A) IN GENERAL.—The Officer for Civil SEC. llll. SMALL BUSINESS FAIRNESS AND ‘‘(A) bear the signature of the Officer for Rights and Civil Liberties shall submit to REGULATORY TRANSPARENCY. Civil Rights and Civil Liberties; and the President of the Senate, the Speaker of Section 609(d) of title 5, United States ‘‘(B) be served by any person or class of the House of Representatives, the appro- Code, is amended— persons designated by the Officer or an offi- priate committees and subcommittees of (1) in paragraph (2), by striking ‘‘and’’ at cer or employee designated for that purpose. Congress, and the Privacy and Civil Liberties the end; ‘‘(3) ENFORCEMENT.—In the case of contu- Oversight Board established under section (2) in paragraph (3), by striking the period macy or failure to obey a subpoena issued 1061 of the Intelligence Reform and Ter- at the end and inserting ‘‘; and’’; and under this subsection, the United States dis- rorism Prevention Act of 2004 (42 U.S.C. (3) by adding at the end the following: trict court for the judicial district in which 2000ee), on a quarterly basis, a report detail- ‘‘(4) the Department of Homeland Secu- the institution, entity, or individual is lo- ing— rity.’’. cated may issue an order requiring compli- ‘‘(i) each nonfrivolous allegation of abuse ance. Any failure to obey the order of the received by the Officer during the quarter SA 1602. Mrs. MURRAY submitted an court may be punished by the court as con- covered by the report; and tempt of that court. ‘‘(ii) each final recommendation made or amendment intended to be proposed to carried out under subsection (a) that was amendment SA 1183 submitted by Mr. ‘‘(4) USE OF INFORMATION.—Any material obtained under a subpoena issued under this completed during the quarter covered by the LEAHY (for himself and Mr. HATCH) to subsection— report. the bill S. 744, to provide for com- ‘‘(A) may not be used for any purpose other ‘‘(B) CONTENTS.—Each report under this prehensive immigration reform and for than a purpose set forth in subsection (a); paragraph shall detail— other purposes; which was ordered to ‘‘(B) may not be transmitted by or within ‘‘(i) for each allegation described in sub- lie on the table; as follows: the Department for any purpose other than a paragraph (A)(i) subject to a completed investigation, any final recommendation made At the appropriate place, insert the fol- purpose set forth in subsection (a); and ‘‘(C) shall be redacted, obscured, or other- by the Officer for Civil Rights and Civil Lib- lowing: erties and any action or response taken by SEC. lll. OFFICER FOR CIVIL RIGHTS AND wise altered if used in any publicly available manner to the extent necessary to prevent the Department in response; and CIVIL LIBERTIES. ‘‘(ii) any matter or investigation carried Section 705 of the Homeland Security Act the disclosure of any personally identifiable information. out under this section that has been open or of 2002 (6 U.S.C. 345) is amended— pending for more than 2 years. (1) in subsection (a), by striking paragraph ‘‘(d) RECOMMENDATIONS.—For any final rec- ‘‘(3) INFORMING THE PUBLIC.—The Officer for (6) and inserting the following: ommendation or finding made under this Civil Rights and Civil Liberties shall— ‘‘(6) investigate complaints and informa- section by the Officer for Civil Rights and ‘‘(A) make each report submitted under tion indicating possible abuses of civil rights Civil Liberties to the Secretary or a direc- this subsection available to the public to the or civil liberties by employees and officials torate, office, or other component of the De- greatest extent that is consistent with the of the Department or that are related to De- partment— protection of classified information and ap- partmental activities (unless the Inspector ‘‘(1) the Secretary shall ensure that the plicable law; and General of the Department determines that Department— ‘‘(B) otherwise inform the public of the ac- such a complaint or such information should ‘‘(A) responds to the recommendation or tivities of the Officer, as appropriate and in be investigated by the Inspector General) finding within 30 days after the date on a manner consistent with the protection of and, using the information gained by such which the Officer communicates the rec- classified information and applicable law.’’. investigations, make recommendations to ommendation or finding; and the Secretary and directorates, offices, and ‘‘(B) within 60 days after the date on which SA 1603. Mrs. MURRAY (for herself other components of the Department for im- the Officer communicates the recommenda- and Mr. CRAPO) submitted an amend- provements in policy, supervision, training, tion or finding, provides the Officer with a ment intended to be proposed to and practice related to civil rights or civil plan for implementation of the recommenda- amendment SA 1183 submitted by Mr. liberties, or for the relevant office to review tion or finding; LEAHY (for himself and Mr. HATCH) to the matter and take appropriate disciplinary ‘‘(2) within 30 days after the date on which or other action.’’; the Officer receives an implementation plan the bill S. 744, to provide for com- (2) by redesignating subsection (b) as sub- under paragraph (1), the Officer shall assess prehensive immigration reform and for section (e); the plan and determine whether the plan suf- other purposes; which was ordered to (3) by inserting after subsection (a) the fol- ficiently addresses the underlying rec- lie on the table; as follows: lowing: ommendation; At the appropriate place, insert the fol- ‘‘(b) INVESTIGATION OF COMPLAINTS.—The ‘‘(3) if the Officer determines under para- lowing: head of each directorate, office, or compo- graph (2) that an implementation plan is in- SEC. lll. PROHIBITION ON RESTRAINTS ON nent of the Department and the head of any sufficient, the Secretary shall ensure that PREGNANT DETAINEES. other executive agency shall ensure that the the Department submits a revised implemen- (a) PROHIBITION ON RESTRAINT OF PREGNANT directorate, office, or component provides tation plan that complies with the under- DETAINEES.— the Officer for Civil Rights and Civil Lib- lying recommendation within 30 days after (1) PROHIBITION.—A detention facility shall erties with speedy access, and in no event the date on which the Officer communicates not use restraints on a detainee known to be later than 30 days after the date on which the determination; and pregnant, including during labor, transport the directorate, office, or component re- ‘‘(4) absent any provision of law to the con- to a medical facility or birthing center, de- ceives a request from the Officer, to any in- trary, the Officer shall provide the complain- livery, and postpartum recovery, unless the formation determined by the Officer to be ant with a summary of any findings or rec- facility administrator makes an individual- relevant to the exercise of the duties and re- ommendations made under this section by ized determination that the detainee pre- sponsibilities under subsection (a) or to any the Officer, which shall be redacted, ob- sents an extraordinary circumstance as de- investigation carried out under this section, scured, or otherwise altered to protect the scribed in paragraph (2). whether by providing relevant documents or disclosure of any personally identifiable in- (2) EXTRAORDINARY CIRCUMSTANCE.—Re- access to facilities or personnel. formation, other than the complainant’s.’’; straints for an extraordinary circumstance ‘‘(c) SUBPOENAS.— and are only permitted if a medical officer has ‘‘(1) IN GENERAL.—In carrying out the du- (4) in subsection (e), as so redesignated— directed the use of restraints for medical ties and responsibilities under subsection (a) (A) by striking ‘‘The Secretary shall’’ and reasons or if the facility administrator or as part of an investigation carried out inserting the following: makes an individualized determination under this section, the Officer for Civil ‘‘(1) IN GENERAL.—The Secretary shall’’; that— Rights and Civil Liberties may require by (B) by striking ‘‘and the appropriate com- (A) credible, reasonable grounds exist to subpoena access to— mittees and subcommittees of Congress’’ and believe the detainee presents an immediate ‘‘(A) any institution or entity outside of inserting ‘‘the appropriate committees and and serious threat of hurting herself, staff or the Federal Government that is the subject subcommittees of Congress, and the Privacy others; or of or related to an investigation under this and Civil Liberties Oversight Board estab- (B) reasonable grounds exist to believe the section; and lished under section 1061 of the Intelligence detainee presents an immediate and credible

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.031 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5055 risk of escape that cannot be reasonably lowing delivery, including the entire period a (iii) by striking paragraph (1) and inserting minimized through any other method. woman is in the hospital or infirmary after the following: (3) REQUIREMENT FOR LEAST RESTRICTIVE birth. ‘‘(1) IN GENERAL.—The Secretary of Home- RESTRAINTS.—In the rare event that one of (6) RESTRAINT.—The term ‘‘restraint’’ land Security shall provide for special re- the extraordinary circumstances in para- means any physical restraint or mechanical moval proceedings at certain Federal, State, graph (2) applies, medical staff shall deter- device used to control the movement of a de- and local correctional facilities for any alien mine the safest method and duration for the tainee’s body or limbs, including flex cuffs, convicted of— use of restraints and the least restrictive re- soft restraints, hard metal handcuffs, a black ‘‘(A) any criminal offense set forth in sub- straints necessary shall be used for a preg- box, Chubb cuffs, leg irons, belly chains, a se- paragraph (A)(iii), (B), (C), (D), (E), or (G) of nant detainee, except that— curity (tether) chain, or a convex shield. section 237(a)(2); or (A) if a doctor, nurse, or other health pro- (d) ANNUAL REPORT.— ‘‘(B) 2 or more crimes involving moral tur- fessional treating the detainee requests that (1) REQUIREMENT.—Not later than 30 days pitude, as described in clause (ii) of section restraints not be used, the detention officer before the end of each fiscal year, the facil- 237(a)(2)(A), for which both predicate offenses accompanying the detainee shall imme- ity administrator of each detention facility are, without regard to the date of their com- diately remove all restraints; in whose custody a pregnant detainee had mission, otherwise described in clause (i) of (B) under no circumstance shall leg or been subject to the use of restraints during such section. waist restraints be used; the previous fiscal year shall submit to the ‘‘(2) CONDUCT OF PROCEEDINGS.— (C) under no circumstance shall wrist re- Secretary a written report that includes an ‘‘(A) IN GENERAL.—Except as otherwise pro- straints be used to bind the detainee’s hands account of every instance of such a use of re- vided in this section, removal proceedings behind her back; and straints. No such report may contain any in- authorized under this section— (D) under no circumstances shall any re- dividually identifying information of any de- ‘‘(i) shall be conducted in accordance with straints be used on any detainee in labor or tainee. section 240; childbirth. (2) PUBLIC INSPECTION.—Each report sub- ‘‘(ii) shall eliminate the need for additional (4) RECORD OF EXTRAORDINARY CIR- mitted under paragraph (1) shall be made detention at any U.S. Immigration and Cus- CUMSTANCES.— available for public inspection. toms Enforcement processing center; and (A) REQUIREMENT.—If restraints are used (e) RULEMAKING.—The Secretary shall ‘‘(iii) shall ensure the expeditious removal on a detainee pursuant to paragraph (2), the adopt regulations or policies to carry out of the alien following the alien’s incarcer- facility administrator shall make a written this section at every detention facility. ation for the underlying crime. finding within 10 days as to the extraor- ‘‘(B) SAVINGS PROVISIONS.—Nothing in this dinary circumstance that dictated the use of SA 1604. Mr. WICKER submitted an paragraph may be construed— the restraints. amendment intended to be proposed to ‘‘(i) to create any substantive or proce- (B) RETENTION.—A written find made under amendment SA 1183 submitted by Mr. dural right or benefit that is legally enforce- subparagraph (A) shall be kept on file by the LEAHY (for himself and Mr. HATCH) to able by any party against the United States, detention facility for at least 5 years and be the bill S. 744, to provide for com- its agencies or officers, or any other person; made available for public inspection, except or that no individually identifying information prehensive immigration reform and for ‘‘(ii) to require the Secretary of Homeland of any detainee shall be made public without other purposes; which was ordered to Security to effect the removal of any alien the detainee’s prior written consent. lie on the table; as follows: sentenced to actual incarceration before the (b) PROHIBITION ON PRESENCE OF DETENTION In section 245B(d)(2)(A) of the Immigration alien is scheduled to be released from incar- OFFICERS DURING LABOR OR CHILDBIRTH.— and Nationality Act, as added by section 2101 ceration for the underlying crime.’’; and Upon a detainee’s admission to a medical fa- of the bill, strike the matter preceding (D) by striking subsection (c), as redesig- cility or birthing center for labor or child- clause (i) and insert the following: nated by section 671(b)(13) of the Illegal Im- birth, no detention officer shall be present in ‘‘(A) IN GENERAL.—The Secretary shall immigration Reform and Immigrant Responsi- the room during labor or childbirth, unless mediately revoke the status of a registered bility Act of 1996 (division C of Public Law specifically requested by medical personnel. provisional immigrant, after providing ap- 104–208), and inserting the following: If a detention officer’s presence is requested ‘‘(6) An alien convicted of an offense for by medical personnel, the detention officer propriate notice to the alien, if the alien— which an element was active participation in shall be female, if practicable. If restraints a criminal street gang, an aggravated felony, are used on a detainee pursuant to sub- SA 1605. Mr. WICKER submitted an or a crime of domestic violence or child section (a)(2), a detention officer shall re- amendment intended to be proposed to abuse shall be conclusively presumed to be main immediately outside the room at all amendment SA 1183 submitted by Mr. deportable from the United States.’’. times so that the officer may promptly re- LEAHY (for himself and Mr. HATCH) to move the restraints if requested by medical (3) CLERICAL AMENDMENT.—The table of the bill S. 744, to provide for com- contents is amended by striking the item re- personnel, as required by subsection prehensive immigration reform and for (a)(3)(A). lating to section 238 and inserting the fol- (c) DEFINITIONS.—In this section: other purposes; which was ordered to lowing: (1) DETAINEE.—The term ‘‘detainee’’ in- lie on the table; as follows: ‘‘Sec. 238. Expedited removal proceedings for cludes any adult or juvenile person detained In section 3701(c), strike paragraph (2) and aliens convicted of serious under the Immigration and Nationality Act insert the following: criminal offenses.’’. (8 U.S.C. 1101) or held by any Federal, State, (d) MANDATORY DETENTION AND EXPEDITED or local law enforcement agency under an REMOVAL OF CERTAIN CRIMINAL ALIENS.— SA 1606. Mr. WICKER submitted an immigration detainer. (1) MANDATORY DETENTION.—Section 236(c) amendment intended to be proposed to (2) DETENTION FACILITY.—The term ‘‘deten- (8 U.S.C. 1226(c)) is amended— amendment SA 1183 submitted by Mr. tion facility’’ means a Federal, State, or (A) by striking ‘‘Attorney General’’ each LEAHY (for himself and Mr. HATCH) to local government facility, or a privately place such term appears and inserting ‘‘Sec- the bill S. 744, to provide for com- owned and operated facility, that is used, in retary of Homeland Security’’; and whole or in part, to hold individuals under (B) in paragraph (1)— prehensive immigration reform and for the authority of the Director of U.S. Immi- (i) in subparagraph (B), by striking ‘‘sec- other purposes; which was ordered to gration and Customs Enforcement or the tion 237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),’’ lie on the table; as follows: Commissioner of U.S. Customs and Border and inserting ‘‘subparagraph (A)(ii), (A)(iii), At the end of subtitle G of title III, add the Protection, including facilities that hold (B), (C), (D), (E), or (G) of section 237(a)(2);’’; following: such individuals under a contract or agree- and SEC. 3722. LISTING OF IMMIGRATION VIOLATORS ment with the Director or Commissioner, or (ii) in subparagraph (C), by striking ‘‘sen- IN THE NATIONAL CRIME INFORMA- that is used, in whole or in part, to hold indi- tence’’ and inserting ‘‘sentenced’’. TION CENTER DATABASE. viduals pursuant to an immigration de- (2) EXPEDITED REMOVAL.—Section 238 (8 (a) PROVISION OF INFORMATION TO THE tainer. U.S.C. 1228) is amended— NCIC.—Not later than 180 days after the last (3) FACILITY ADMINISTRATOR.—The term (A) by striking the section heading and in- day of the application period for registered ‘‘facility administrator’’ means the official serting the following: provisional immigrant status, as specified in that is responsible for oversight of a deten- ‘‘SEC. 238. EXPEDITED REMOVAL PROCEEDINGS section 245B(c)(3) of the Immigration and Na- tion facility or the designee of such official. FOR ALIENS CONVICTED OF SERI- tionality Act, as added by section 2101 of this (4) LABOR.—The term ‘‘labor’’ means the OUS CRIMINAL OFFENSES.’’; Act, and periodically thereafter as updates period of time before a birth during which (B) by striking ‘‘Attorney General’’ each may require, the Secretary shall provide the contractions are of sufficient frequency, in- place such term appears and insert ‘‘Sec- National Crime Information Center of the tensity, and duration to bring about efface- retary of Homeland Security’’; Department of Justice with all the informa- ment and progressive dilation of the cervix. (C) in subsection (a)— tion in the possession of the Secretary re- (5) POSTPARTUM RECOVERY.—The term (i) by striking paragraph (3); garding— ‘‘postpartum recovery’’ mean, as determined (ii) by redesignating paragraph (2) as para- (1) any alien against whom a final order of by her physician, the period immediately fol- graph (3); and removal has been issued;

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.031 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5056 CONGRESSIONAL RECORD — SENATE June 24, 2013 (2) any alien who has entered into a vol- (8) a photo of the alien, if available or read- sion under section 241(i) of the Immigration untary departure agreement; ily obtainable; and and Nationality Act (8 U.S.C. 1231(i)) or the (3) any alien who has overstayed his or her (9) the alien’s fingerprints, if available or ‘Cops on the Beat’ program under part Q of authorized period of stay; and readily obtainable. title I of the Omnibus Crime Control and (4) any alien whose visa has been revoked. (c) ANNUAL REPORT ON REPORTING.—The Safe Streets Act of 1968 (42 U.S.C. 3796dd et (b) INCLUSION OF INFORMATION IN IMMIGRA- Secretary shall maintain, and annually sub- seq.); or TION VIOLATORS FILE.—The Secretary and mit to the Congress, a detailed report listing ‘‘(B) any other law enforcement or Depart- the Attorney General shall establish a sys- the States, or the political subdivisions of ment of Homeland Security grant. tem for ensuring that the information pro- States, that have provided information ‘‘(2) ANNUAL DETERMINATION AND REPORT.— vided pursuant to subsection (a) for entry under subsection (a) in the preceding year. The Secretary shall— into the Immigration Violators File of the (d) REIMBURSEMENT.—The Secretary shall ‘‘(A) annually determine which States or National Crime Information Center database reimburse States, and political subdivisions political subdivisions of a State are ineli- is updated regularly to reflect whether— of a State, for all reasonable costs, as deter- gible for certain Federal funding pursuant to (1) the alien received notice of a final order mined by the Secretary, incurred by the paragraph (1); and of removal; State, or the political subdivision of a State, ‘‘(B) submit a report to Congress by March (2) the alien has already been removed; or as a result of providing information under 1st of each year that lists such States and (3) the legal status of the alien has other- subsection (a). political subdivisions. wise changed. (e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) OTHER REPORTS.—The Attorney Gen- (c) CONFORMING AMENDMENT.— There are authorized to be appropriated such eral shall issue a report concerning the com- (1) IN GENERAL.—Section 534(a) of title 28, sums as may be necessary to carry out this pliance of any particular State or political United States Code, is amended— section. subdivision at the request of the Committee (A) in paragraph (3), by striking ‘‘and’’ at (f) RULE OF CONSTRUCTION.—Nothing in this on the Judiciary of the Senate or the Com- the end; section may be construed to require law en- mittee on the Judiciary of the House of Rep- (B) by redesignating paragraph (4) as para- forcement officials of a State, or of a polit- resentatives. graph (5); and ical subdivision of a State, to provide the ‘‘(4) CERTIFICATION.—Any jurisdiction that (C) by inserting after paragraph (3) the fol- Secretary with information related to a vic- is described in paragraph (1) shall be ineli- lowing: tim of a crime or witness to a criminal of- gible to receive Federal financial assistance ‘‘(4) acquire, collect, classify, and preserve fense. described in paragraph (1) until after the At- records of violations by aliens of the immi- (g) EFFECTIVE DATE.—This section shall— gration laws of the United States, regardless (1) take effect on the date that is 120 days torney General certifies that the jurisdiction of whether any such alien has received no- after the last day of the application period no longer prohibits its law enforcement offi- tice of the violation or whether sufficient for registered provisional immigrant status; cers from assisting or cooperating with Fed- identifying information is available with re- and eral immigration law enforcement. spect to any such alien or whether any such (2) apply with respect to aliens appre- ‘‘(5) REALLOCATION.—Any funds that are alien has already been removed from the hended on or after such date. not allocated to a State or to a political subdivision of a State pursuant to paragraph (1) United States; and’’. SEC. 3724. STATE VIOLATIONS OF ENFORCEMENT (2) EFFECTIVE DATE.—The Attorney Gen- OF IMMIGRATION LAWS. shall be reallocated to States, or to political eral and the Secretary shall ensure that the (a) IN GENERAL.—Section 642 of the Illegal subdivisions of States, that comply with amendment made by paragraph (1) is imple- Immigration Reform and Immigrant Respon- such subsection. mented not later than 6 months after the sibility Act of 1996 (8 U.S.C. 1373) is amend- ‘‘(e) CONSTRUCTION.—Nothing in this sec- last day of the application period for reg- ed— tion shall require law enforcement officials istered provisional immigrant status. (1) by striking ‘‘Immigration and Natu- from States, or from political subdivisions of (d) TECHNOLOGY ACCESS.—States shall have ralization Service’’ each place it appears and States, to report or arrest victims or wit- access to Federal programs or technology di- inserting ‘‘Department of Homeland Secu- nesses of a criminal offense.’’. rected broadly at identifying inadmissible or rity’’; (b) EFFECTIVE DATE.—The amendments deportable aliens. (2) in subsection (a), by striking ‘‘may’’ made by this section shall take effect on the SEC. 3723. STATE AND LOCAL LAW ENFORCE- and inserting ‘‘shall’’; date of the enactment of this Act, except MENT PROVISION OF INFORMATION (3) in subsection (b)— that subsection (d) of section 642 of the Ille- ABOUT APPREHENDED ALIENS. (A) by striking ‘‘no person or agency may’’ gal Immigration Reform and Immigrant Re- (a) PROVISION OF INFORMATION.—As a condi- and inserting ‘‘a person or agency shall not’’; sponsibility Act of 1996 (8 U.S.C. 1373), as tion of receiving compensation for the incar- (B) by striking ‘‘doing any of the following added by this section, shall take effect be- ceration of undocumented criminal aliens with respect to information’’ and inserting ginning on the date that is 1 year after the pursuant to section 241(i) of the Immigration date of the enactment of this Act. and Nationality Act (8 U.S.C. 1231(i)), grants ‘‘undertaking any of the following law enforcement activities’’; and under the ‘‘Cops on the Beat’’ program au- Mr. SESSIONS submitted an thorized under part Q of title I of the Omni- (C) by striking paragraphs (1) through (3) SA 1607. bus Crime Control and Safe Streets Act of and inserting the following: amendment intended to be proposed to 1968 (42 U.S.C. 3796dd et seq.), or other law ‘‘(1) Notifying the Federal Government re- amendment SA 1183 submitted by Mr. enforcement grants from the Department or garding the presence of inadmissible and de- LEAHY (for himself and Mr. HATCH) to the Department of Justice, each State, and portable aliens who are encountered by law the bill S. 744, to provide for com- each political subdivision of a State, shall, enforcement personnel of a State or political prehensive immigration reform and for subdivision of a State. in a timely manner, provide the Secretary other purposes; which was ordered to with the information specified in subsection ‘‘(2) Complying with requests for immigra- (b) with respect to each alien who is arrested tion-related information from Federal law lie on the table; as follows: by law enforcement officers in the course of enforcement. At the appropriate place insert the fol- carrying out the officers’ routine law en- ‘‘(3) Complying with detainers issued by lowing: forcement duties in the jurisdiction of the the Department of Homeland Security. Strike section 3103 and inserting the fol- State, or in the political subdivision of the ‘‘(4) Issuing policies in the form of a resolu- lowing: State, who is believed to be inadmissible or tions, ordinances, administrative actions, SEC. 3103. EXTENSION OF IDENTITY THEFT OF- deportable. general or special orders, or departmental FENSES. NFORMATION EQUIRED (b) I R .—The informa- policies that violate Federal immigration (a) FRAUD AND RELATED ACTIVITIES RELAT- tion required under this subsection is— law or restrict a State or political subdivi- ING TO IDENTIFICATION DOCUMENTS.—Section (1) the alien’s name; sion of a State from complying with Federal 1028 of title 18, United States Code, is amend- (2) the alien’s address or place of residence; immigration law or coordinating with Fed- ed in subsection (a)(7), by striking ‘‘of an- (3) a physical description of the alien; eral immigration law enforcement.’’; and other person’’ and inserting ‘‘that is not his (4) the date, time, and location of the en- (4) by adding at the end the following: or her own’’. counter with the alien and the reason for ar- ‘‘(d) COMPLIANCE.— (b) AGGRAVATED IDENTITY THEFT.—Section resting the alien; ‘‘(1) IN GENERAL.—A State, or a political 1028A(a) of title 18, United States Code, is (5) the alien’s driver’s license number, if subdivision of a State, that has in effect a amended by striking ‘‘of another person’’ applicable, and the State of issuance of such statute, policy, or practice that prohibits both places it appears and inserting ‘‘that is license; law enforcement officers of the State, or of a not his or her own’’. (6) the type of any other identification doc- political subdivision of the State, from as- ument issued to the alien, if applicable, any sisting or cooperating with Federal immigra- At the end of section 3301(b), add the fol- designation number contained on the identi- tion law enforcement in the course of car- lowing: fication document, and the issuing entity for rying out the officers’ routine law enforce- (8) $300,000,000 to carry out title III and the identification document; ment duties shall not be eligible to receive, subtitles D and G of title IV and the amend- (7) the license plate number, make, and for a minimum period of 1 year— ments made by title III and such subtitles. model of any automobile registered to, or ‘‘(A) any of the funds that would otherwise At the end of subtitle C of title III, add the driven by, the alien, if applicable; be allocated to the State or political subdivi- following:

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.030 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5057 SEC. 3307. WAIVER OF FEDERAL LAWS WITH RE- dure Act’’), the National Park Service Or- purposes of enforcing the immigration laws SPECT TO BORDER SECURITY AC- ganic Act (16 U.S.C. 1 et seq.), the General of the United States to the same extent as TIONS ON DEPARTMENT OF THE IN- Authorities Act of 1970 (Public Law 91–383) Federal law enforcement personnel. Law en- TERIOR AND DEPARTMENT OF AGRI- (16 U.S.C. 1a-1 et seq.), sections 401(7), 403, forcement personnel of a State, or of a polit- CULTURE LANDS. and 404 of the National Parks and Recreation ical subdivision of a State, may also inves- (a) PROHIBITION ON SECRETARIES OF THE IN- Act of 1978 (Public Law 95–625, 92 Stat. 3467), tigate, identify, apprehend, arrest, or detain TERIOR AND AGRICULTURE.—The Secretary of aliens for the purposes of enforcing the im- the Interior or the Secretary of Agriculture and the Arizona Desert Wilderness Act of migration laws of a State or of a political shall not impede, prohibit, or restrict activi- 1990 (16 U.S.C. 1132 note; Public Law 101–628). ROTECTION OF LEGAL USES.—This sec- subdivision of State, as long as those immi- ties of U.S. Customs and Border Protection (d) P tion shall not be construed to provide— gration laws are permissible under this sec- on Federal land located within 100 miles of (1) authority to restrict legal uses, such as tion. Law enforcement personnel of a State, an international land border that is under grazing, hunting, mining, or public-use rec- or of a political subdivision of a State, may the jurisdiction of the Secretary of the Inte- reational and backcountry airstrips on land not remove aliens from the United States. rior or the Secretary of Agriculture, to exe- under the jurisdiction of the Secretary of the SEC. 3703. LISTING OF IMMIGRATION VIOLATORS cute search and rescue operations and to pre- Interior or the Secretary of Agriculture; or IN THE NATIONAL CRIME INFORMA- vent all unlawful entries into the United (2) any additional authority to restrict TION CENTER DATABASE. States, including entries by terrorists, other legal access to such land. (a) PROVISION OF INFORMATION TO THE unlawful aliens, instruments of terrorism, (e) EFFECT ON STATE AND PRIVATE LAND.— NCIC.—Not later than 180 days after the date narcotics, and other contraband through the This Act shall— of the enactment of this Act and periodically international land borders of the United (1) have no force or effect on State or pri- thereafter as updates may require, the Sec- States. vate lands; and retary shall provide the National Crime In- (b) AUTHORIZED ACTIVITIES OF U.S. CUS- (2) not provide authority on or access to formation Center of the Department of Jus- TOMS AND BORDER PROTECTION.—U.S. Cus- tice with all information that the Secretary toms and Border Protection shall have im- State or private lands. (f) TRIBAL SOVEREIGNTY.—Nothing in this may possess regarding any alien against mediate access to Federal land within 100 whom a final order of removal has been miles of the international land border under section supersedes, replaces, negates, or di- minishes treaties or other agreements be- issued, any alien who has entered into a vol- the jurisdiction of the Secretary of the Inte- untary departure agreement, any alien who rior or the Secretary of Agriculture for pur- tween the United States and Indian tribes. (g) REPORT.—Not later than 1 year after has overstayed their authorized period of poses of conducting the following activities stay, and any alien whose visas has been re- on such land that prevent all unlawful en- the date of the enactment of this Act, and annually thereafter, the Secretary of Home- voked. The National Crime Information Cen- tries into the United States, including enter shall enter such information into the Im- tries by terrorists, other unlawful aliens, in- land Security shall submit to the appropriate committees of Congress a report de- migration Violators File of the National struments of terrorism, narcotics, and other Crime Information Center database, regard- contraband through the international land scribing the extent to which implementation of this section has affected the operations of less of whether— borders of the United States: (1) the alien received notice of a final order (1) Construction and maintenance of roads. U.S. Customs and Border Protection in the year preceding the report. of removal; (2) Construction and maintenance of bar- (2) the alien has already been removed; or Strike subtitle G of title III and insert the riers. (3) sufficient identifying information is following: (3) Use of vehicles to patrol, apprehend, or available with respect to the alien. rescue. Subtitle G—Interior Enforcement (b) INCLUSION OF INFORMATION IN THE NCIC (4) Installation, maintenance, and oper- SEC. 3700. SHORT TITLE. DATABASE.— ation of communications and surveillance This subtitle may be cited as the (1) IN GENERAL.—Section 534(a) of title 28, equipment and sensors. ‘‘Strengthen and Fortify Enforcement Act’’ United States Code, is amended— (5) Deployment of temporary tactical in- or the ‘‘SAFE Act’’. (A) in paragraph (3), by striking ‘‘and’’ at frastructure. the end; CHAPTER 1—IMMIGRATION LAW EN- (c) CLARIFICATION RELATING TO WAIVER AU- (B) by redesignating paragraph (4) as para- FORCEMENT BY STATES AND LOCAL- THORITY.— graph (5); and ITIES (1) IN GENERAL.—Notwithstanding any (C) by inserting after paragraph (3) the fol- other provision of law (including any termi- SEC. 3701. DEFINITION AND SEVERABILITY. lowing: nation date relating to the waiver referred to (a) STATE DEFINED.—For the purposes of ‘‘(4) acquire, collect, classify, and preserve in this subsection), the waiver by the Sec- this chapter, the term ‘‘State’’ has the records of violations by aliens of the immi- retary of Homeland Security on April 1, 2008, meaning given to such term in section gration laws of the United States, regardless under section 102(c)(1) of the Illegal Immi- 101(a)(36) of the Immigration and Nationality of whether any such alien has received no- gration Reform and Immigrant Responsi- Act (8 U.S.C. 1101(a)(36)). tice of the violation or whether sufficient bility Act of 1996 (8 U.S.C. 1103 note; Public (b) SEVERABILITY.—If any provision of this identifying information is available with re- Law 104–208) of the laws described in para- chapter, or the application of such provision spect to any such alien or whether any such graph (2) with respect to certain sections of to any person or circumstance, is held in- alien has already been removed from the the international border between the United valid, the remainder of this chapter, and the United States; and’’. States and Mexico and between the United application of such provision to other per- (2) EFFECTIVE DATE.—The Attorney Gen- States and Canada shall be considered to sons not similarly situated or to other cir- eral and the Secretary shall ensure that the apply to all Federal land under the jurisdic- cumstances, shall not be affected by such in- amendment made by paragraph (1) is imple- tion of the Secretary of the Interior or the validation. mented by not later than 6 months after the Secretary of Agriculture within 100 miles of SEC. 3702. IMMIGRATION LAW ENFORCEMENT BY date of the enactment of this Act. the international land borders of the United STATES AND LOCALITIES. SEC. 3704. TECHNOLOGY ACCESS. States for the activities of U.S. Customs and (a) IN GENERAL.—Subject to section States shall have access to Federal pro- Border Protection described in subsection 274A(h)(2) of the Immigration and Nation- grams or technology directed broadly at (c). ality Act (8 U.S.C. 1324a(h)(2)), States, or po- identifying inadmissible or deportable (2) DESCRIPTION OF LAWS WAIVED.—The laws litical subdivisions of States, may enact, im- aliens. referred to in paragraph (1) are limited to plement and enforce criminal penalties that SEC. 3705. STATE AND LOCAL LAW ENFORCE- the Wilderness Act (16 U.S.C. 1131 et seq.), penalize the same conduct that is prohibited MENT PROVISION OF INFORMATION the National Environmental Policy Act of in the criminal provisions of immigration ABOUT APPREHENDED ALIENS. 1969 (42 U.S.C. 4321 et seq.), the Endangered laws (as defined in section 101(a)(17) of the (a) PROVISION OF INFORMATION.—In compli- Species Act of 1973 (16 U.S.C. 1531 et seq.), the Immigration and Nationality Act (8 U.S.C. ance with section 642(a) of the Illegal Immi- National Historic Preservation Act (16 U.S.C. 1101(a)(17))), as long as the criminal penalties gration Reform and Immigrant Responsi- 470 et seq.), Public Law 86–523 (16 U.S.C. 469 do not exceed the relevant Federal criminal bility Act of 1996 (8 U.S.C. 1373) and section et seq.), the Act of June 8, 1906 (commonly penalties. States, or political subdivisions of 434 of the Personal Responsibility and Work known as the ‘‘Antiquities Act of 1906’’; 16 States, may enact, implement and enforce Opportunity Reconciliation Act of 1996 (8 U.S.C. 431 et seq.), the Wild and Scenic Riv- civil penalties that penalize the same con- U.S.C. 1644), each State, and each political ers Act (16 U.S.C. 1271 et seq.), the Federal duct that is prohibited in the civil violations subdivision of a State, shall provide the Sec- Land Policy and Management Act of 1976 (43 of immigration laws (as defined in such secretary in a timely manner with the informa- U.S.C. 1701 et seq.), the National Wildlife tion 101(a)(17)), as long as the civil penalties tion specified in subsection (b) with respect Refuge System Administration Act of 1966 do not exceed the relevant Federal civil pen- to each alien apprehended in the jurisdiction (16 U.S.C. 668dd et seq.), the Fish and Wildlife alties. of the State, or in the political subdivision of Act of 1956 (16 U.S.C. 742a et seq.), the Fish (b) LAW ENFORCEMENT PERSONNEL.—Law the State, who is believed to be inadmissible and Wildlife Coordination Act (16 U.S.C. 661 enforcement personnel of a State, or of a po- or deportable. et seq.), subchapter II of chapter 5, and chap- litical subdivision of a State, may inves- (b) INFORMATION REQUIRED.—The informa- ter 7, of title 5, United States Code (com- tigate, identify, apprehend, arrest, detain, or tion referred to in subsection (a) is as fol- monly known as the ‘‘Administrative Proce- transfer to Federal custody aliens for the lows:

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.029 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5058 CONGRESSIONAL RECORD — SENATE June 24, 2013 (1) The alien’s name. shall conduct an audit of funds distributed to and a political subdivision of a State, for all (2) The alien’s address or place of resi- States, and to political subdivisions of a reasonable expenses, as determined by the dence. State, under subsection (a). Secretary, incurred by the State, or political (3) A physical description of the alien. SEC. 3707. INCREASED FEDERAL DETENTION subdivision, as a result of the incarceration (4) The date, time, and location of the en- SPACE. and transportation of an alien who is inad- counter with the alien and reason for stop- (a) CONSTRUCTION OR ACQUISITION OF DE- missible or deportable as described in sub- ping, detaining, apprehending, or arresting TENTION FACILITIES.— sections (a) and (b). Compensation provided the alien. (1) IN GENERAL.—The Secretary shall con- for costs incurred under such subsections (5) If applicable, the alien’s driver’s license struct or acquire, in addition to existing fa- shall be the average cost of incarceration of number and the State of issuance of such li- cilities for the detention of aliens, detention a prisoner in the relevant State, as deter- cense. facilities in the United States, for aliens de- mined by the chief executive officer of a (6) If applicable, the type of any other iden- tained pending removal from the United State, or of a political subdivision of a State, tification document issued to the alien, any States or a decision regarding such removal. plus the cost of transporting the alien from designation number contained on the identi- Each facility shall have a number of beds the point of apprehension to the place of de- fication document, and the issuing entity for necessary to effectuate this purposes of this tention, and to the custody transfer point if the identification document. chapter. the place of detention and place of custody (7) If applicable, the license plate number, (2) DETERMINATIONS.—The location of any are different. make, and model of any automobile reg- detention facility built or acquired in ac- ‘‘(d) SECURE FACILITIES.—The Secretary of istered to, or driven by, the alien. cordance with this subsection shall be deter- Homeland Security shall ensure that aliens (8) A photo of the alien, if available or mined by the Secretary. incarcerated pursuant to this title are held readily obtainable. (b) AUTHORIZATION OF APPROPRIATIONS.— in facilities that provide an appropriate level (9) The alien’s fingerprints, if available or There are authorized to be appropriated such of security. readily obtainable. sums as may be necessary to carry out this ‘‘(e) TRANSFER.— (c) ANNUAL REPORT ON REPORTING.—The section. ‘‘(1) IN GENERAL.—In carrying out this sec- Secretary shall maintain and annually sub- (c) TECHNICAL AND CONFORMING AMEND- tion, the Secretary of Homeland Security mit to the Congress a detailed report listing MENT.—Section 241(g)(1) of the Immigration shall establish a regular circuit and schedule the States, or the political subdivisions of and Nationality Act (8 U.S.C. 1231(g)(1)) is for the prompt transfer of apprehended States, that have provided information amended by striking ‘‘may expend’’ and in- aliens from the custody of States, and polit- under subsection (a) in the preceding year. serting ‘‘shall expend’’. ical subdivisions of a State, to Federal custody. (d) REIMBURSEMENT.—The Secretary shall SEC. 3708. FEDERAL CUSTODY OF INADMISSIBLE reimburse States, and political subdivisions AND DEPORTABLE ALIENS IN THE ‘‘(2) CONTRACTS.—The Secretary may enter of a State, for all reasonable costs, as deter- UNITED STATES APPREHENDED BY into contracts, including appropriate private mined by the Secretary, incurred by the STATE OR LOCAL LAW ENFORCE- contracts, to implement this subsection.’’. State, or the political subdivision of a State, MENT. (2) CLERICAL AMENDMENT.—The table of as a result of providing information under (a) STATE APPREHENSION.— contents of such Act is amended by inserting subsection (a). (1) IN GENERAL.—Title II of the Immigra- after the item relating to section 240C the (e) AUTHORIZATION OF APPROPRIATIONS.— tion and Nationality Act (8 U.S.C. 1151 et following new item: There are authorized to be appropriated such seq.) is amended by inserting after section ‘‘Sec. 240D. Custody of aliens unlawfully sums as may be necessary to carry out this 240C the following: present in the United States.’’. section. ‘‘CUSTODY OF INADMISSIBLE AND DEPORTABLE (b) GAO AUDIT.—Not later than 3 years (f) CONSTRUCTION.—Nothing in this section ALIENS PRESENT IN THE UNITED STATES after the date of the enactment of this Act, shall require law enforcement officials of a the Comptroller General of the United States ‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY State, or of a political subdivision of a State, shall conduct an audit of compensation to STATE AND LOCAL OFFICIALS.—If a State, or a to provide the Secretary with information political subdivision of the State, exercising States, and to political subdivisions of a related to a victim of a crime or witness to authority with respect with respect to the State, for the incarceration of inadmissible a criminal offense. apprehension or arrest of an inadmissible or or deportable aliens under section 240D(a) of (g) EFFECTIVE DATE.—This section shall the Immigration and Nationality Act (as take effect on the date that is 120 days after deportable alien submits to the Secretary of Homeland Security a request that the alien added by subsection (a)(1)). the date of the enactment of this Act and (c) EFFECTIVE DATE.—Section 240D of the be taken into Federal custody, notwith- shall apply with respect to aliens appre- Immigration and Nationality Act, as added standing any other provision of law, regula- hended on or after such date. by subsection (a), shall take effect on the tion, or policy the Secretary— date of the enactment of this Act, except SEC. 3706. FINANCIAL ASSISTANCE TO STATE AND ‘‘(1) shall take the alien into custody not LOCAL POLICE AGENCIES THAT AS- that subsection (e) of such section shall take later than 48 hours after the detainer has SIST IN THE ENFORCEMENT OF IM- effect on the date that is 120 day after the been issued following the conclusion of the MIGRATION LAWS. date of the enactment of this Act. (a) GRANTS FOR SPECIAL EQUIPMENT FOR State or local charging process or dismissal process, or if no State or local charging or SEC. 3709. TRAINING OF STATE AND LOCAL LAW HOUSING AND PROCESSING CERTAIN ALIENS.— ENFORCEMENT PERSONNEL RELAT- From amounts made available to make dismissal process is required, the Secretary ING TO THE ENFORCEMENT OF IM- grants under this section, the Secretary should issue a detainer and take the alien MIGRATION LAWS. shall make grants to States, and to political into custody not later than 48 hours after the (a) ESTABLISHMENT OF TRAINING MANUAL subdivisions of States, for procurement of alien is apprehended; and AND POCKET GUIDE.—Not later than 180 days equipment, technology, facilities, and other ‘‘(2) shall request that the relevant State after the date of the enactment of this Act, products that facilitate and are directly re- or local law enforcement agency temporarily the Secretary shall establish— lated to investigating, apprehending, arrest- hold the alien in their custody or transport (1) a training manual for law enforcement ing, detaining, or transporting aliens who the alien for transfer to Federal custody. personnel of a State, or of a political sub- are inadmissible or deportable, including ad- ‘‘(b) POLICY ON DETENTION IN FEDERAL, division of a State, to train such personnel ditional administrative costs incurred under CONTRACT, STATE, OR LOCAL DETENTION FA- in the investigation, identification, appre- this chapter. CILITIES.—In carrying out section 241(g)(1), hension, arrest, detention, and transfer to (b) ELIGIBILITY.—To be eligible to receive a the Attorney General or Secretary of Home- Federal custody of inadmissible and deport- grant under this section, a State, or a polit- land Security shall ensure that an alien ar- able aliens in the United States (including ical subdivision of a State, must have the au- rested under this title shall be held in cus- the transportation of such aliens across thority to, and shall have a written policy tody, pending the alien’s examination under State lines to detention centers and the and a practice to, assist in the enforcement this section, in a Federal, contract, State, or identification of fraudulent documents); and of the immigration laws of the United States local prison, jail, detention center, or other (2) an immigration enforcement pocket in the course of carrying out the routine law comparable facility. Notwithstanding any guide for law enforcement personnel of a enforcement duties of such State or political other provision of law, regulation or policy, State, or of a political subdivision of a State, subdivision of a State. Entities covered such facility is adequate for detention, if— to provide a quick reference for such per- under this section may not have any policy ‘‘(1) such a facility is the most suitably lo- sonnel in the course of duty. or practice that prevents local law enforce- cated Federal, contract, State, or local facil- (b) AVAILABILITY.—The training manual ment from inquiring about a suspect’s immi- ity available for such purpose under the cir- and pocket guide established in accordance gration status. cumstances; with subsection (a) shall be made available (c) FUNDING.—There is authorized to be ap- ‘‘(2) an appropriate arrangement for such to all State and local law enforcement per- propriated for grants under this section such use of the facility can be made; and sonnel. sums as may be necessary for fiscal year 2014 ‘‘(3) the facility satisfies the standards for (c) APPLICABILITY.—Nothing in this section and each subsequent fiscal year. the housing, care, and security of persons shall be construed to require State or local (d) GAO AUDIT.—Not later than 3 years held in custody by a United States Marshal. law enforcement personnel to carry the after the date of the enactment of this Act, ‘‘(c) REIMBURSEMENT.—The Secretary of training manual or pocket guide with them the Comptroller General of the United States Homeland Security shall reimburse a State, while on duty.

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(d) COSTS.—The Secretary shall be respon- (1) hold a criminal alien for a period of up ‘‘(ii) The State or political subdivision sible for any costs incurred in establishing to 14 days after the alien has completed the shall have the right to a hearing before an the training manual and pocket guide. alien’s sentence under State or local law in administrative law judge and, if the ruling is (e) TRAINING FLEXIBILITY.— order to effectuate the transfer of the alien against the State or political subdivision, to (1) IN GENERAL.—The Secretary shall make to Federal custody when the alien is inad- appeal the ruling to the Federal Circuit training of State and local law enforcement missible or deportable; or Court of Appeals and, if the ruling is against officers available through as many means as (2) issue a detainer that would allow aliens the State or political subdivision, to the Su- possible, including through residential train- who have served a prison sentence under preme Court. ing at the Center for Domestic Preparedness, State or local law to be detained by the ‘‘(C) The agreement shall remain in full ef- onsite training held at State or local police State or local prison or jail until the Sec- fect during the course of any and all legal agencies or facilities, online training courses retary can take the alien into custody. proceedings.’’; and by computer, teleconferencing, and video- (c) TECHNOLOGY USAGE.—Technology, such (4) by inserting after paragraph (5) (as re- tape, or the digital video display (DVD) of a as video conferencing, shall be used to the designated) the following: training course or courses. E-learning maximum extent practicable in order to ‘‘(6) The Secretary of Homeland Security through a secure, encrypted distributed make the program available in remote loca- shall make training of State and local law learning system that has all its servers based tions. Mobile access to Federal databases of enforcement officers available through as in the United States, is scalable, survivable, aliens and live scan technology shall be used many means as possible, including through and can have a portal in place not later than to the maximum extent practicable in order residential training at the Center for Domes- 30 days after the date of the enactment of to make these resources available to State tic Preparedness and the Federal Law En- this Act, shall be made available by the Fed- and local law enforcement agencies in re- forcement Training Center, onsite training eral Law Enforcement Training Center Dis- mote locations. held at State or local police agencies or fa- tributed Learning Program for State and (d) EFFECTIVE DATE.—This section shall cilities, online training courses by computer, local law enforcement personnel. take effect of the date of the enactment of teleconferencing, and videotape, or the dig- (2) FEDERAL PERSONNEL TRAINING.—The this Act, except that subsection (a)(2) shall ital video display (DVD) of a training course training of State and local law enforcement take effect on the date that is 180 days after or courses. Distance learning through a se- personnel under this section shall not dis- such date. cure, encrypted distributed learning system place the training of Federal personnel. SEC. 3712. CLARIFICATION OF CONGRESSIONAL that has all its servers based in the United (3) CLARIFICATION.—Nothing in this chapter INTENT. States, is scalable, survivable, and can have or any other provision of law shall be con- Section 287(g) of the Immigration and Na- a portal in place not later than 30 days after strued as making any immigration-related tionality Act (8 U.S.C. 1357(g)) is amended— the date of the enactment of this Act, shall training a requirement for, or prerequisite (1) in paragraph (1) by striking ‘‘may be made available by the COPS Office of the to, any State or local law enforcement offi- enter’’ and all that follows through the pe- Department of Justice and the Federal Law cer to assist in the enforcement of Federal riod at the end and inserting the following: Enforcement Training Center Distributed immigration laws. ‘‘shall enter into a written agreement with a Learning Program for State and local law (4) PRIORITY.—In carrying out this sub- State, or any political subdivision of a State, enforcement personnel. Preference shall be section, priority funding shall be given for upon request of the State or political sub- given to private sector-based web-based im- existing web-based immigration enforcement division, pursuant to which an officer or em- migration enforcement training programs training systems. ployee of the State or subdivision, who is de- for which the Federal Government has al- SEC. 3710. IMMUNITY. termined by the Secretary to be qualified to ready provided support to develop.’’. perform a function of an immigration officer Notwithstanding any other provision of SEC. 3713. STATE CRIMINAL ALIEN ASSISTANCE law, a law enforcement officer of a State or in relation to the investigation, apprehen- PROGRAM (SCAAP). sion, or detention of aliens in the United local law enforcement agency who is acting Section 241(i) of the Immigration and Na- States (including the transportation of such within the scope of the officer’s official du- tionality Act (8 U.S.C. 1231(i)) is amended— aliens across State lines to detention cen- ties shall be immune, to the same extent as (1) by striking ‘‘Attorney General’’ the ters), may carry out such function at the ex- a Federal law enforcement officer, from per- first place such term appears and inserting pense of the State or political subdivision sonal liability arising out of the performance ‘‘Secretary of Homeland Security’’; and to extent consistent with State and local of any duty described in this chapter, includ- (2) by striking ‘‘Attorney General’’ each law. No request from a bona fide State or po- ing the authorities to investigate, identify, place such term appears thereafter and in- apprehend, arrest, detain, or transfer to Fed- litical subdivision or bona fide law enforce- serting ‘‘Secretary’’; eral custody, an alien for the purposes of en- ment agency shall be denied absent a com- (3) in paragraph (3)(A), by inserting forcing the immigration laws of the United pelling reason. No limit on the number of ‘‘charged with or’’ before ‘‘convicted’’; and States (as defined in section 101(a)(17) of the agreements under this subsection may be im- (4) by amending paragraph (5) to read as Immigration and Nationality Act (8 U.S.C. posed. The Secretary shall process requests follows: 1101(a)(17)) or the immigration laws of a for such agreements with all due haste, and ‘‘(5) There are authorized to be appro- State or a political subdivision of a State. in no case shall take not more than 90 days priated to carry out this subsection such SEC. 3711. CRIMINAL ALIEN IDENTIFICATION from the date the request is made until the sums as may be necessary for fiscal year 2014 PROGRAM. agreement is consummated.’’; and each subsequent fiscal year.’’. (a) CONTINUATION AND EXPANSION.— (2) by redesignating paragraph (2) as para- (1) IN GENERAL.—The Secretary shall con- graph (5) and paragraphs (3) through (10) as SEC. 3714. STATE VIOLATIONS OF ENFORCEMENT OF IMMIGRATION LAWS. tinue to operate and implement a program paragraphs (7) through (14), respectively; that— (3) by inserting after paragraph (1) the fol- (a) IN GENERAL.—Section 642 of the Illegal (A) identifies removable criminal aliens in lowing: Immigration Reform and Immigrant Respon- Federal and State correctional facilities; ‘‘(2) An agreement under this subsection sibility Act of 1996 (8 U.S.C. 1373) is amend- (B) ensures such aliens are not released shall accommodate a requesting State or po- ed— into the community; and litical subdivision with respect to the en- (1) by striking ‘‘Immigration and Natu- (C) removes such aliens from the United forcement model or combination of models, ralization Service’’ in each place it appears States after the completion of their sen- and shall accommodate a patrol model, task and inserting ‘‘Department of Homeland Se- tences. force model, jail model, any combination curity’’; (2) EXPANSION.—The program shall be ex- thereof, or any other reasonable model the (2) in subsection (a), by striking ‘‘may’’ tended to all States. Any State that receives State or political subdivision believes is best and inserting ‘‘shall’’; Federal funds for the incarceration of crimi- suited to the immigration enforcement needs (3) in subsection (b)— nal aliens (pursuant to the State Criminal of its jurisdiction. (A) by striking ‘‘no person or agency may’’ Alien Assistance Program authorized under ‘‘(3) No Federal program or technology di- and inserting ‘‘a person or agency shall not’’; section 241(i) of the Immigration and Nation- rected broadly at identifying inadmissible or (B) by striking ‘‘doing any of the following ality Act (8 U.S.C. 1231(i)) or other similar deportable aliens shall substitute for such with respect to information’’ and inserting program) shall— agreements, including those establishing a ‘‘undertaking any of the following law en- (A) cooperate with officials of the program; jail model, and shall operate in addition to forcement activities’’; and (B) expeditiously and systematically iden- any agreement under this subsection. (C) by striking paragraphs (1) through (3) tify criminal aliens in its prison and jail pop- ‘‘(4)(A) No agreement under this subsection and inserting the following: ulations; and shall be terminated absent a compelling rea- ‘‘(1) Notifying the Federal Government re- (C) promptly convey such information to son. garding the presence of inadmissible and de- officials of such program as a condition of re- ‘‘(B)(i) The Secretary shall provide a State portable aliens who are encountered by law ceiving such funds. or political subdivision written notice of in- enforcement personnel of a State or political (b) AUTHORIZATION FOR DETENTION AFTER tent to terminate at least 180 days prior to subdivision of a State. COMPLETION OF STATE OR LOCAL PRISON SEN- date of intended termination, and the notice ‘‘(2) Complying with requests for informa- TENCE.—Law enforcement officers of a State, shall fully explain the grounds for termi- tion from Federal law enforcement. or of a political subdivision of a State, are nation, along with providing evidence sub- ‘‘(3) Complying with detainers issued by authorized to— stantiating the Secretary’s allegations. the Department of Homeland Security.

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.029 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5060 CONGRESSIONAL RECORD — SENATE June 24, 2013 ‘‘(4) Issuing policies in the form of a resolu- case of an alien described in subparagraph date of enactment of this Act and sections tions, ordinances, administrative actions, (IV), (V), or (IX) of section 212(a)(3)(B)(i), the 208(b)(2)(A), 212(a), 240A, 240B, 241(b)(3), and general or special orders, or departmental Secretary of Homeland Security or the At- 249 of the Immigration and Nationality Act, policies that violate Federal law or restrict a torney General determines, in the discretion as so amended, shall apply to— State or political subdivision of a State from of the Secretary or the Attorney General, (1) all aliens in removal, deportation, or complying with Federal law or coordinating that there are not reasonable grounds for re- exclusion proceedings; with Federal law enforcement.’’; and garding the alien as a danger to the security (2) all applications pending on, or filed (4) by adding at the end the following: of the United States; or’’. after, the date of the enactment of this Act; ‘‘(d) COMPLIANCE.— (b) CANCELLATION OF REMOVAL.—Section and ‘‘(1) IN GENERAL.—A State, or a political 240A(c)(4) of such Act (8 U.S.C. 1229b(c)(4)) is (3) with respect to aliens and applications subdivision of a State, that has in effect a amended— described in paragraph (1) or (2) of this sub- statute, policy, or practice that prohibits (1) by striking ‘‘inadmissible under’’ and section, acts and conditions constituting a law enforcement officers of the State, or of a inserting ‘‘described in’’; and ground for exclusion, deportation, or re- political subdivision of the State, from as- (2) by striking ‘‘deportable under’’ and in- moval occurring or existing before, on, or sisting or cooperating with Federal immigra- serting ‘‘described in’’. after the date of the enactment of this Act. tion law enforcement in the course of car- (c) VOLUNTARY DEPARTURE.—Section rying out the officers’ routine law enforce- SEC. 3722. TERRORIST BAR TO GOOD MORAL 240B(b)(1)(C) of such Act (8 U.S.C. CHARACTER. ment duties shall not be eligible to receive— 1229c(b)(1)(C)) is amended by striking ‘‘de- ‘‘(A) any of the funds that would otherwise portable under section 237(a)(2)(A)(iii) or sec- (a) DEFINITION OF GOOD MORAL CHAR- be allocated to the State or political subdivi- tion 237(a)(4);’’ and inserting ‘‘described in ACTER.—Section 101(f) of the Immigration sion under section 241(i) of the Immigration paragraph (2)(A)(iii) or (4) of section 237(a);’’. and Nationality Act (8 U.S.C. 1101(f)) is and Nationality Act (8 U.S.C. 1231(i)) or the (d) RESTRICTION ON REMOVAL.—Section amended— ‘Cops on the Beat’ program under part Q of 241(b)(3)(B) of such Act (8 U.S.C. 1231(b)(3)(B)) (1) by redesignating paragraphs (1) through title I of the Omnibus Crime Control and is amended— (9) as paragraphs (2) through (10), respec- Safe Streets Act of 1968 (42 U.S.C. 3796dd et (1) by inserting ‘‘or the Secretary of Home- tively; seq.); or land Security’’ after ‘‘Attorney General’’ (2) by inserting after paragraph (1) the fol- ‘‘(B) any other law enforcement or Depart- wherever that term appears; lowing: ment of Homeland Security grant. (2) in clause (iii), by striking ‘‘or’’ at the ‘‘(2) one who the Secretary of Homeland ‘‘(2) ANNUAL DETERMINATION.—The Sec- end; Security or Attorney General determines to retary shall determine annually which State (3) in clause (iv), by striking the period at have been at any time an alien described in or political subdivision of a State are not in the end and inserting ‘‘; or’’; section 212(a)(3) or 237(a)(4), which deter- compliance with section and shall report (4) by inserting after clause (iv) the fol- mination may be based upon any relevant in- such determinations to Congress on March 1 lowing: formation or evidence, including classified, of each year. ‘‘(v) the alien is described in subparagraph sensitive, or national security information;’’; ‘‘(3) REPORTS.—The Attorney General shall (B)(i) or (F) of section 212(a)(3), unless, in the (3) in paragraph (9) (as redesignated), by in- issue a report concerning the compliance of case of an alien described in subparagraph serting ‘‘, regardless whether the crime was any particular State or political subdivision (IV), (V), or (IX) of section 212(a)(3)(B)(i), the classified as an aggravated felony at the at the request of the House or Senate Judici- Secretary of Homeland Security or the At- time of conviction, except that the Sec- ary Committee. Any jurisdiction that is torney General determines, in discretion of retary of Homeland Security or Attorney found to be out of compliance shall be ineli- the Secretary or the Attorney General, that General may, in the unreviewable discretion gible to receive Federal financial assistance there are not reasonable grounds for regard- of the Secretary or Attorney General, deter- as provided in paragraph (1) for a minimum ing the alien as a danger to the security of mine that this paragraph shall not apply in period of 1 year, and shall only become eligi- the United States.’’; and the case of a single aggravated felony con- ble again after the Attorney General cer- (5) by striking the final sentence. viction (other than murder, manslaughter, tifies that the jurisdiction is in compliance. (e) RECORD OF ADMISSION.— homicide, rape, or any sex offense when the ‘‘(4) REALLOCATION.—Any funds that are (1) IN GENERAL.—Section 249 of such Act (8 victim of such sex offense was a minor) for not allocated to a State or to a political sub- U.S.C. 1259) is amended to read as follows: which completion of the term of imprisonment or the sentence (whichever is later) oc- division of a State, due to the failure of the ‘‘RECORD OF ADMISSION FOR PERMANENT RESI- curred 10 or more years prior to the date of State, or of the political subdivision of the DENCE IN THE CASE OF CERTAIN ALIENS WHO application’’ after ‘‘(as defined in subsection State, to comply with subsection (c) shall be ENTERED THE UNITED STATES PRIOR TO JANU- (a)(43))’’; and reallocated to States, or to political subdivi- ARY 1, 1972 sions of States, that comply with such sub- (4) by striking the first sentence the fol- ‘‘SEC. 249. The Secretary of Homeland Se- lows paragraph (10) (as redesignated) and in- section. curity, in the discretion of the Secretary and ‘‘(e) CONSTRUCTION.—Nothing in this sec- serting following: ‘‘The fact that any person under such regulations as the Secretary may tion shall require law enforcement officials is not within any of the foregoing classes prescribe, may enter a record of lawful ad- from States, or from political subdivisions of shall not preclude a discretionary finding for mission for permanent residence in the case States, to report or arrest victims or wit- other reasons that such a person is or was of any alien, if no such record is otherwise nesses of a criminal offense.’’. not of good moral character. The Secretary (b) EFFECTIVE DATE.—The amendments available and the alien— or the Attorney General shall not be limited made by this section shall take effect on the ‘‘(1) entered the United States before Janu- to the applicant’s conduct during the period date of the enactment of this Act, except ary 1, 1972; for which good moral character is required, that subsection (d) of section 642 of the Ille- ‘‘(2) has continuously resided in the United but may take into consideration as a basis gal Immigration Reform and Immigrant Re- States since such entry; for determination the applicant’s conduct sponsibility Act of 1996 (8 U.S.C. 1373), as ‘‘(3) has been a person of good moral char- and acts at any time.’’ acter since such entry; added by this section, shall take effect be- (b) AGGRAVATED FELONS.—Section 509(b) of ‘‘(4) is not ineligible for citizenship; ginning one year after the date of the enact- the Immigration Act of 1990 (8 U.S.C. 1101 ‘‘(5) is not described in paragraph (1)(A)(iv), ment of this Act. note) is amended to read as follows: SEC. 3715. CLARIFYING THE AUTHORITY OF ICE (2), (3), (6)(C), (6)(E), or (8) of section 212(a); DETAINERS. and ‘‘(b) EFFECTIVE DATE.—The amendment Except as otherwise provided by Federal ‘‘(6) did not, at any time, without reason- made by subsection (a) shall take effect on law or rule of procedure, the Secretary shall able cause fail or refuse to attend or remain November 29, 1990, and shall apply to convic- execute all lawful writs, process, and orders in attendance at a proceeding to determine tions occurring before, on or after such issued under the authority of the United the alien’s inadmissibility or deportability. date.’’. States, and shall command all necessary as- Such recordation shall be effective as of the (c) TECHNICAL CORRECTION TO THE INTEL- sistance to execute the Secretary’s duties. date of approval of the application or as of LIGENCE REFORM ACT.—Section 5504(2) of the CHAPTER 2—NATIONAL SECURITY the date of entry if such entry occurred prior Intelligence Reform and Terrorism Preven- SEC. 3721. REMOVAL OF, AND DENIAL OF BENE- to July 1, 1924.’’. tion Act of 2004 (Public Law 108–458) is FITS TO, TERRORIST ALIENS. (2) CLERICAL AMENDMENT.—The table of amended by striking ‘‘adding at the end’’ and (a) ASYLUM.—Section 208(b)(2)(A) of the contents for such Act is amended by amend- inserting ‘‘inserting after paragraph (8)’’. Immigration and Nationality Act (8 U.S.C. ing the item relating to section 249 to read (d) EFFECTIVE DATE.—The amendments 1158(b)(2)(A)) is amended— as follows: made by subsections (a) and (b) shall take ef- (1) by inserting ‘‘or the Secretary of Home- ‘‘Sec. 249. Record of admission for perma- fect on the date of enactment of this Act, land Security’’ after ‘‘if the Attorney Gen- nent residence in the case of shall apply to any act that occurred before, eral’’; and certain aliens who entered the on, or after such date and shall apply to any (2) by amending clause (v) to read as fol- United States prior to January application for naturalization or any other lows: 1, 1972.’’. benefit or relief, or any other case or matter ‘‘(v) the alien is described in subparagraph (f) EFFECTIVE DATE.—The amendments under the immigration laws pending on or (B)(i) or (F) of section 212(a)(3), unless, in the made by this section shall take effect on the filed after such date. The amendments made

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.029 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5061 by subsection (c) shall take effect as if en- (2) by striking the second sentence and in- (1) by striking ‘‘Attorney General’’ each acted in the Intelligence Reform and Ter- serting the following: ‘‘The burden shall be place such term appears and inserting ‘‘Sec- rorism Prevention Act of 2004 (Public Law upon the petitioner to show that the Sec- retary of Homeland Security’’; 108–458). retary’s denial of the application was not (2) in subparagraph (A), by striking ‘‘De- SEC. 3723. TERRORIST BAR TO NATURALIZATION. supported by facially legitimate and bona partment of Justice,’’ and inserting ‘‘Depart- (a) NATURALIZATION OF PERSONS ENDAN- fide reasons. Except in a proceeding under ment of Homeland Security,’’; GERING THE NATIONAL SECURITY.—Section 316 section 340, notwithstanding any other provi- (3) by redesignating subparagraphs (C) and of the Immigration and Nationality Act (8 sion of law (statutory or nonstatutory), in- (D) as subparagraphs (D) and (E), respec- U.S.C. 1426) is amended by adding at the end cluding section 2241 of title 28, United States tively; the following: Code, or any other habeas corpus provision, (4) by inserting after subparagraph (B) the ‘‘(g) PERSONS ENDANGERING THE NATIONAL and sections 1361 and 1651 of such title, no following: SECURITY.—No person shall be naturalized court shall have jurisdiction to determine, or ‘‘(C) AUTHORIZED DISCLOSURES.— who the Secretary of Homeland Security de- to review a determination of the Secretary ‘‘(i) CENSUS PURPOSE.—The Secretary of termines to have been at any time an alien made at any time regarding, whether, for Homeland Security may provide, in his dis- described in section 212(a)(3) or 237(a)(4). purposes of an application for naturalization, cretion, for the furnishing of information Such determination may be based upon any an alien is a person of good moral character, furnished under this section in the same relevant information or evidence, including whether the alien understands and is at- manner and circumstances as census infor- classified, sensitive, or national security in- tached to the principles of the Constitution mation may be disclosed under section 8 of formation.’’. of the United States, or whether an alien is title 13, United States Code. (b) CONCURRENT NATURALIZATION AND RE- well disposed to the good order and happi- ‘‘(ii) NATIONAL SECURITY PURPOSE.—The MOVAL PROCEEDINGS.—Section 318 of the Im- ness of the United States.’’. Secretary of Homeland Security may pro- migration and Nationality Act (8 U.S.C. 1429) (g) EFFECTIVE DATE.—The amendments vide, in his discretion, for the furnishing, is amended by striking ‘‘other Act;’’ and in- made by this section shall take effect on the use, publication, or release of information serting ‘‘other Act; and no application for date of enactment of this Act, shall apply to furnished under this section in any inves- naturalization shall be considered by the any act that occurred before, on, or after tigation, case, or matter, or for any purpose, Secretary of Homeland Security or any court such date, and shall apply to any application relating to terrorism, national intelligence if there is pending against the applicant any for naturalization or any other case or mat- or the national security.’’; and removal proceeding or other proceeding to ter under the immigration laws pending on, (5) in subparagraph (D), as redesignated, by determine the applicant’s inadmissibility or or filed after, such date. striking ‘‘Service’’ and inserting ‘‘Depart- deportability, or to determine whether the SEC. 3724. DENATURALIZATION FOR TERROR- ment of Homeland Security’’. applicant’s lawful permanent resident status ISTS. (b) ADJUSTMENT OF STATUS UNDER THE IM- should be rescinded, regardless of when such (a) IN GENERAL.—Section 340 of the Immi- MIGRATION REFORM AND CONTROL ACT OF proceeding was commenced: Provided, That gration and Nationality Act is amended— 1986.—Section 245A(c)(5) of the Immigration the findings of the Attorney General in ter- (1) by redesignating subsections (f) through and Nationality Act (8 U.S.C. 1255a(c)(5)), is minating removal proceedings or in can- (h) as subsections (g) through (i), respec- amended— celing the removal of an alien pursuant to tively; and (1) by striking ‘‘Attorney General’’ each the provisions of this Act, shall not be (2) by inserting after subsection (e) the fol- place such term appears and inserting ‘‘Sec- deemed binding in any way upon the Sec- lowing: retary of Homeland Security’’; retary of Homeland Security with respect to ‘‘(f)(1) If a person who has been naturalized (2) in subparagraph (A), by striking ‘‘De- the question of whether such person has es- participates in any act described in para- partment of Justice,’’ and inserting ‘‘Depart- tablished his eligibility for naturalization as graph (2), the Attorney General is authorized ment of Homeland Security,’’; required by this title;’’. to find that, as of the date of such natu- (3) by amending subparagraph (C) to read (c) PENDING DENATURALIZATION OR RE- ralization, such person was not attached to as follows: MOVAL PROCEEDINGS.—Section 204(b) of the the principles of the Constitution of the ‘‘(C) AUTHORIZED DISCLOSURES.— Immigration and Nationality Act (8 U.S.C. United States and was not well disposed to ‘‘(i) CENSUS PURPOSE.—The Secretary of 1154(b)) is amended by adding at the end the the good order and happiness of the United Homeland Security may provide, in his dis- following: ‘‘No petition shall be approved States at the time of naturalization, and cretion, for the furnishing of information pursuant to this section if there is any ad- upon such finding shall set aside the order furnished under this section in the same ministrative or judicial proceeding (whether admitting such person to citizenship and manner and circumstances as census infor- civil or criminal) pending against the peti- cancel the certificate of naturalization as mation may be disclosed under section 8 of tioner that could (whether directly or indi- having been obtained by concealment of a title 13, United States Code. rectly) result in the petitioner’s material fact or by willful misrepresenta- ‘‘(ii) NATIONAL SECURITY PURPOSE.—The denaturalization or the loss of the petition, and such revocation and setting aside Secretary of Homeland Security may pro- tioner’s lawful permanent resident status.’’. of the order admitting such person to citi- vide, in his discretion, for the furnishing, (d) CONDITIONAL PERMANENT RESIDENTS.— zenship and such canceling of certificate of use, publication, or release of information Sections 216(e) and section 216A(e) of the Im- naturalization shall be effective as of the furnished under this section in any inves- migration and Nationality Act (8 U.S.C. original date of the order and certificate, re- tigation, case, or matter, or for any purpose, 1186a(e) and 1186b(e)) are each amended by spectively. relating to terrorism, national intelligence striking the period at the end and inserting ‘‘(2) The acts described in this paragraph or the national security.’’; and ‘‘, if the alien has had the conditional basis are the following: (4) in subparagraph (D), striking ‘‘Service’’ removed pursuant to this section.’’. ‘‘(A) Any activity a purpose of which is the and inserting ‘‘Department of Homeland Se- (e) DISTRICT COURT JURISDICTION.—Sub- opposition to, or the control or overthrow of, curity’’. section 336(b) of the Immigration and Na- the Government of the United States by SEC. 3726. BACKGROUND AND SECURITY CHECKS. tionality Act, 8 U.S.C. 1447(b), is amended to force, violence, or other unlawful means. read as follows: ‘‘(B) Engaging in a terrorist activity (as (a) REQUIREMENT TO COMPLETE BACK- ‘‘(b) If there is a failure to render a final defined in clauses (iii) and (iv) of section GROUND AND SECURITY CHECKS.—Section 103 administrative decision under section 335 be- 212(a)(3)(B)). of the Immigration and Nationality Act (8 fore the end of the 180-day period after the ‘‘(C) Incitement of terrorist activity under U.S.C. 1103) is amended by adding at the end date on which the Secretary of Homeland Se- circumstances indicating an intention to the following: curity completes all examinations and inter- cause death or serious bodily harm. ‘‘(h) Notwithstanding any other provision views conducted under such section, as such ‘‘(D) Receiving military-type training (as of law (statutory or nonstatutory), including terms are defined by the Secretary of Home- defined in section 2339D(c)(1) of title 18, but not limited to section 309 of Public Law land Security pursuant to regulations, the United States Code) from or on behalf of any 107–173, sections 1361 and 1651 of title 28, applicant may apply to the district court for organization that, at the time the training United States Code, and section 706(1) of title the district in which the applicant resides was received, was a terrorist organization (as 5, United States Code, neither the Secretary for a hearing on the matter. Such court shall defined in section 212(a)(3)(B)(vi)).’’. of Homeland Security, the Attorney General, only have jurisdiction to review the basis for (b) EFFECTIVE DATE.—The amendments nor any court may— delay and remand the matter to the Sec- made by subsection (a) shall take effect on ‘‘(1) grant, or order the grant of or adju- retary of Homeland Security for the Sec- the date of the enactment of this Act and dication of an application for adjustment of retary’s determination on the application.’’. shall apply to acts that occur on or after status to that of an alien lawfully admitted (f) CONFORMING AMENDMENT.—Section such date. for permanent residence; 310(c) of the Immigration and Nationality SEC. 3725. USE OF 1986 IRCA LEGALIZATION IN- ‘‘(2) grant, or order the grant of or adju- Act (8 U.S.C. 1421(c)) is amended— FORMATION FOR NATIONAL SECU- dication of an application for United States (1) by inserting ‘‘, not later than the date RITY PURPOSES. citizenship or any other status, relief, pro- that is 120 days after the Secretary of Home- (a) SPECIAL AGRICULTURAL WORKERS.—Sec- tection from removal, employment author- land Security’s final determination,’’ after tion 210(b)(6) of the Immigration and Nation- ization, or other benefit under the immigra- ‘‘seek’’; and ality Act (8 U.S.C. 1160(b)(6)) is amended— tion laws;

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.029 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5062 CONGRESSIONAL RECORD — SENATE June 24, 2013 ‘‘(3) grant, or order the grant of or adju- (with respect to an alien described in para- (3) in subparagraph (I), by striking ‘‘or dication of, any immigrant or nonimmigrant graph (1) or (2) of subsection (a)) or withhold 2252’’ and inserting ‘‘2252, or 2252A’’. petition; or adjudication of pending resolution of the in- (4) in subparagraph (F), by striking ‘‘at ‘‘(4) issue or order the issuance of any doc- vestigation or case (with respect to an alien least one year;’’ and inserting ‘‘is at least umentation evidencing or related to any described in subsection (a)(2) of this section) one year, except that if the conviction such grant, until such background and secu- any application, petition, relief, protection records do not conclusively establish wheth- rity checks as the Secretary may in his dis- from removal, employment authorization, er a crime constitutes a crime of violence, cretion require have been completed or up- status or benefit. the Attorney General may consider other dated to the satisfaction of the Secretary. ‘‘(c) JURISDICTION.—Notwithstanding any evidence related to the conviction that ‘‘(i) Notwithstanding any other provision other provision of law (statutory or non- clearly establishes that the conduct for of law (statutory or nonstatutory), including statutory), including section 309 of the En- which the alien was engaged constitutes a but not limited to section 309 of Public Law hanced Border Security and Visa Entry Re- crime of violence;’’ 107–173, sections 1361 and 1651 of title 28, form Act (8 U.S.C. 1738), sections 1361 and (5) in subparagraph (N), by striking para- United States Code, and section 706(1) of title 1651 of title 28, United States Code, and sec- graph ‘‘(1)(A) or (2) of’’; 5, United States Code, neither the Secretary tion 706(1) of title 5, United States Code, no (6) in subparagraph (O), by striking ‘‘sec- of Homeland Security nor the Attorney Gen- court shall have jurisdiction to review a de- tion 275(a) or 276 committed by an alien who eral may be required to— cision to deny or withhold adjudication pur- was previously deported on the basis of a ‘‘(1) grant, or order the grant of or adju- suant to subsection (b) of this section. conviction for an offense described in an- dication of an application for adjustment of ‘‘(d) WITHHOLDING OF REMOVAL AND TOR- other subparagraph of this paragraph’’ and status to that of an alien lawfully admitted TURE CONVENTION.—This section does not inserting ‘‘section 275 or 276 for which the for permanent residence, limit or modify the applicability of section term of imprisonment is at least 1 year’’; ‘‘(2) grant, or order the grant of or adju- 241(b)(3) or the United Nations Convention (7) in subparagraph (U), by striking ‘‘an at- dication of an application for United States Against Torture and Other Cruel, Inhuman tempt or conspiracy to commit an offense citizenship or any other status, relief, pro- or Degrading Treatment or Punishment, sub- described in this paragraph’’ and inserting tection from removal, employment author- ject to any reservations, understandings, ‘‘attempting or conspiring to commit an of- declarations and provisos contained in the ization, or other benefit under the immigra- fense described in this paragraph, or aiding, United States Senate resolution of ratifica- tion laws, abetting, counseling, procuring, com- tion of the Convention, as implemented by ‘‘(3) grant, or order the grant of or adju- manding, inducing, or soliciting the commis- section 2242 of the Foreign Affairs Reform dication of, any immigrant or nonimmigrant sion of such an offense.’’; and and Restructuring Act of 1998 (Public Law petition, or (8) by striking the undesignated matter 105–277) with respect to an alien otherwise el- ‘‘(4) issue or order the issuance of any doc- following subparagraph (U). igible for protection under such provisions.’’. umentation evidencing or related to any (b) DEFINITION OF CONVICTION.—Section (2) CLERICAL AMENDMENT.—The table of 101(a)(48) of such Act (8 U.S.C. 1101(a)(48)) is such grant, until any suspected or alleged contents for such Act is amended by insert- amended by adding at the end the following: materially false information, material mis- ing after the item relating to section 361 the ‘‘(C) Any reversal, vacatur, expungement, representation or omission, concealment of a following: or modification to a conviction, sentence, or material fact, fraud or forgery, counter- conviction record that was granted to ame- feiting, or alteration, or falsification of a ‘‘362. Construction.’’. (c) EFFECTIVE DATE.—The amendments liorate the consequences of the conviction, document, as determined by the Secretary, made by this section shall take effect on the sentence, or conviction record, or was grant- relating to the adjudication of an applica- date of the enactment of this Act and shall ed for rehabilitative purposes, or for failure tion or petition for any status (including the apply to applications for immigration bene- to advise the alien of the immigration con- granting of adjustment of status), relief, pro- fits pending on or after such date. sequences of a determination of guilt or of a tection from removal, or other benefit under guilty plea (except in the case of a guilty this subsection has been investigated and re- SEC. 3727. TECHNICAL AMENDMENTS RELATING TO THE INTELLIGENCE REFORM plea that was made on or after March 31, solved to the Secretary’s satisfaction. AND TERRORISM PREVENTION ACT 2010, shall have no effect on the immigration ‘‘(j) Notwithstanding any other provision OF 2004. consequences resulting from the original of law (statutory or nonstatutory), including (a) TRANSIT WITHOUT VISA PROGRAM.—Sec- conviction. The alien shall have the burden section 309 of the Enhanced Border Security tion 7209(d) of the Intelligence Reform and of demonstrating that any reversal, vacatur, and Visa Entry Reform Act (8 U.S.C. 1738), Terrorism Prevention Act of 2004 (8 U.S.C. expungement, or modification was not grant- sections 1361 and 1651 of title 28, United 1185 note) is amended by striking ‘‘the Sec- ed to ameliorate the consequences of the States Code, and section 706(1) of title 5, retary, in conjunction with the Secretary of conviction, sentence, or conviction record, United States Code, no court shall have ju- Homeland Security,’’ and inserting ‘‘the Sec- for rehabilitative purposes, or for failure to risdiction to require any of the acts in sub- retary of Homeland Security, in consultation advise the alien of the immigration con- section (h) or (i) to be completed by a certain with the Secretary of State,’’. sequences of a determination of guilt or of a time or award any relief for failure to com- (b) TECHNOLOGY ACQUISITION AND DISSEMI- guilty plea (except in the case of a guilty plete or delay in completing such acts.’’. NATION PLAN.—Section 7201(c)(1) of such Act plea that was made on or after March 31, (b) CONSTRUCTION.— is amended by inserting ‘‘and the Depart- 2010), except where the alien establishes a (1) IN GENERAL.—Chapter 4 of title III of ment of State’’ after ‘‘used by the Depart- pardon consistent with section the Immigration and Nationality Act (8 ment of Homeland Security’’. 237(a)(2)(A)(vi).’’. (c) EFFECTIVE DATE; APPLICATION OF U.S.C. 1501 et seq.) is amended by adding at CHAPTER 3—REMOVAL OF CRIMINAL AMENDMENTS.— the end the following: ALIENS (1) IN GENERAL.—The amendments made by ‘‘CONSTRUCTION SEC. 3731. DEFINITION OF AGGRAVATED FELONY subsection (a)— ‘‘SEC. 362. (a) IN GENERAL.—Nothing in this AND CONVICTION. (A) shall take effect on the date of the en- Act or any other law, except as provided in (a) DEFINITION OF AGGRAVATED FELONY.— actment of this Act; and subsection (d), shall be construed to require Section 101(a)(43) of the Immigration and Na- (B) shall apply to any act or conviction the Secretary of Homeland Security, the At- tionality Act (8 U.S.C. 1101(a)(43)) is amend- that occurred before, on, or after such date. ed— torney General, the Secretary of State, the (2) APPLICATION OF IIRIRA AMENDMENTS.— Secretary of Labor, or a consular officer to (1) by striking ‘‘The term ‘aggravated fel- The amendments to section 101(a)(43) of the grant any application, approve any petition, ony’ means—’’ and inserting ‘‘Notwith- Immigration and Nationality Act (8 U.S.C. or grant or continue any relief, protection standing any other provision of law, the 1101(a)(43)) made by section 321 of the Illegal from removal, employment authorization, or term ‘aggravated felony’ applies to an of- Immigration Reform and Immigrant Respon- any other status or benefit under the immi- fense described in this paragraph, whether in sibility Act of 1996 (division C of Public Law gration laws by, to, or on behalf of— violation of Federal or State law, or in viola- 104-208; 110 Stat. 3009-627) shall continue to ‘‘(1) any alien deemed by the Secretary to tion of the law of a foreign country for which apply, whether the conviction was entered be described in section 212(a)(3) or section the term of imprisonment was completed before, on, or after September 30, 1996. 237(a)(4); or within the previous 15 years, even if the SEC. 3732. PRECLUDING ADMISSIBILITY OF ‘‘(2) any alien with respect to whom a length of the term of imprisonment for the ALIENS CONVICTED OF AGGRA- criminal or other proceeding or investiga- offense is based on recidivist or other en- VATED FELONIES OR OTHER SERI- tion is open or pending (including, but not hancements and regardless of whether the OUS OFFENSES. limited to, issuance of an arrest warrant, de- conviction was entered before, on, or after (a) INADMISSIBILITY ON CRIMINAL AND RE- tainer, or indictment), where such pro- September 30, 1996, and means—’’; LATED GROUNDS; WAIVERS.—Section 212 of ceeding or investigation is deemed by the of- (2) in subparagraph (A), by striking ‘‘mur- the Immigration and Nationality Act (8 ficial described in subsection (a) to be mate- der, rape, or sexual abuse of a minor;’’ and U.S.C. 1182) is amended— rial to the alien’s eligibility for the status or inserting ‘‘murder, manslaughter, homicide, (1) in subparagraph (a)(2)(A)(i)— benefit sought. rape (whether the victim was conscious or (A) in subclause (I), by striking ‘‘or’’ at the ‘‘(b) DENIAL OR WITHHOLDING OF ADJUDICA- unconscious), or any offense of a sexual na- end; TION.—An official described in subsection (a) ture involving a victim under the age of 18 (B) in subclause (II), by adding ‘‘or’’ at the may, in the discretion of the official, deny years;’’; end; and

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(C) by inserting after subclause (II) the fol- ‘‘(iii) WAIVER AUTHORIZED.—The waiver au- ground to believe, seeks to enter the United lowing: thority available under section 237(a)(7) with States to engage solely, principally, or inci- ‘‘(III) a violation of (or a conspiracy or at- respect to section 237(a)(2)(E)(i) shall be dentally in, or who is engaged in, or with re- tempt to violate) an offense described in sec- available on a comparable basis with respect spect to clauses (i) and (iii) of this subpara- tion 408 of title 42, United States Code (relat- to this subparagraph. graph has engaged in— ing to social security account numbers or so- ‘‘(iv) CLARIFICATION.—If the conviction ‘‘(i) any activity— cial security cards) or section 1028 of title 18, records do not conclusively establish wheth- ‘‘(I) to violate any law of the United States United States Code (relating to fraud and reer a crime of domestic violence constitutes a relating to espionage or sabotage; or lated activity in connection with identifica- crime of violence (as defined in section 16 of ‘‘(II) to violate or evade any law prohib- tion documents, authentication features, and title 18, United States Code), the Attorney iting the export from the United States of information);’’. General may consider other evidence related goods, technology, or sensitive information; (2) by adding at the end of subsection (a)(2) to the conviction that clearly establishes ‘‘(ii) any other unlawful activity; or the following : that the conduct for which the alien was en- ‘‘(iii) any activity a purpose of which is the ‘‘(J) PROCUREMENT OF CITIZENSHIP OR NATU- gaged constitutes a crime of violence.’’; and opposition to, or the control or overthrow of, RALIZATION UNLAWFULLY.—Any alien con- (3) in subsection (h)— the Government of the United States by victed of, or who admits having committed, (A) by striking ‘‘The Attorney General force, violence, or other unlawful means; or who admits committing acts which con- may, in his discretion, waive the application is inadmissible.’’. stitute the essential elements of, a violation of subparagraphs (A)(i)(I), (B), (D), and (E) of SEC. 3734. UNIFORM STATUTE OF LIMITATIONS of, or an attempt or a conspiracy to violate, subsection (a)(2)’’ and inserting ‘‘The Attor- FOR CERTAIN IMMIGRATION, NATU- subsection (a) or (b) of section 1425 of title 18, ney General or the Secretary of Homeland RALIZATION, AND PEONAGE OF- United States Code (relating to the procure- Security may, in the discretion of the Attor- FENSES. ment of citizenship or naturalization unlaw- ney General or the Secretary, waive the ap- Section 3291 of title 18, United States Code, fully) is inadmissible. plication of subparagraphs (A)(i)(I), (III), (B), is amended by striking ‘‘No person’’ through ‘‘(K) CERTAIN FIREARM OFFENSES.—Any (D), (E), (K), and (M) of subsection (a)(2)’’; the period at the end and inserting the fol- alien who at any time has been convicted (B) by striking ‘‘a criminal act involving lowing: ‘‘No person shall be prosecuted, under any law of, or who admits having com- torture.’’ and inserting ‘‘a criminal act in- tried, or punished for a violation of any section of chapters 69 (relating to nationality mitted or admits committing acts which volving torture, or has been convicted of an and citizenship offenses) and 75 (relating to constitute the essential elements of, pur- aggravated felony.’’; passport, visa, and immigration offenses), or chasing, selling, offering for sale, exchang- (C) by striking ‘‘if either since the date of for a violation of any criminal provision of ing, using, owning, possessing, or carrying, such admission the alien has been convicted sections 243, 266, 274, 275, 276, 277, or 278 of the or of attempting or conspiring to purchase, of an aggravated felony or the alien’’ and in- sell, offer for sale, exchange, use, own, pos- Immigration and Nationality Act, or for an serting ‘‘if since the date of such admission attempt or conspiracy to violate any such sess, or carry, any weapon, part, or accessory the alien’’; and which is a firearm or destructive device (as section, unless the indictment is returned or (D) by inserting ‘‘or Secretary of Homeland the information is filed within ten years defined in section 921(a) of title 18, United Security’’ after ‘‘the Attorney General’’ States Code) in violation of any law is inad- after the commission of the offense.’’. wherever that phrase appears. missible. SEC. 3735. CONFORMING AMENDMENT TO THE (b) DEPORTABILITY; CRIMINAL OFFENSES.— ‘‘(L) AGGRAVATED FELONS.—Any alien who DEFINITION OF RACKETEERING AC- Section 237(a)(3)(B) of the Immigration and has been convicted of an aggravated felony TIVITY. Nationality Act (8 U.S.C. 1227(a)(3)(B)) is at any time is inadmissible. Section 1961(1) of title 18, United States amended— Code, is amended by striking ‘‘section 1542’’ ‘‘(M) CRIMES OF DOMESTIC VIOLENCE, STALK- (1) in clause (ii), by striking ‘‘or’’ at the through ‘‘section 1546 (relating to fraud and ING, OR VIOLATION OF PROTECTION ORDERS, end; misuse of visas, permits, and other docu- CRIMES AGAINST CHILDREN.— (2) in clause (iii), by inserting ‘‘or’’ at the ments)’’ and inserting ‘‘sections 1541-1548 (re- ‘‘(i) DOMESTIC VIOLENCE, STALKING, AND end; and lating to passports and visas)’’. CHILD ABUSE.—Any alien who at any time is convicted of, or who admits having com- (3) by inserting after clause (iii) the fol- SEC. 3736. CONFORMING AMENDMENTS FOR THE AGGRAVATED FELONY DEFINITION. mitted or admits committing acts which lowing: (a) IN GENERAL.—Subparagraph (P) of sec- constitute the essential elements of, a crime ‘‘(iv) of a violation of, or an attempt or a tion 101(a)(43) of the Immigration and Na- of domestic violence, a crime of stalking, or conspiracy to violate, section 1425(a) or (b) of tionality Act (8 U.S.C. 1101(a)(43)) is amend- a crime of child abuse, child neglect, or child Title 18 (relating to the procurement of citi- ed— abandonment is inadmissible. For purposes zenship or naturalization unlawfully),’’. (1) by striking ‘‘(i) which either is falsely of this clause, the term ‘crime of domestic (c) DEPORTABILITY; CRIMINAL OFFENSES.— making, forging, counterfeiting, mutilating, violence’ means any crime of violence (as de- Section 237(a)(2) of the Immigration and Na- or altering a passport or instrument in viola- fined in section 16 of title 18, United States tionality Act (8 U.S.C. 1227(a)(2)) is amended tion of section 1543 of title 18, United States Code) against a person committed by a cur- by adding at the end the following: Code, or is described in section 1546(a) of rent or former spouse of the person, by an in- ‘‘(G) Any alien who at any time after ad- such title (relating to document fraud) and dividual with whom the person shares a child mission has been convicted of a violation of in common, by an individual who is cohab- (or a conspiracy or attempt to violate) sec- (ii)’’ and inserting ‘‘which is described in any iting with or has cohabited with the person tion 408 of title 42, United States Code (relat- section of chapter 75 of title 18, United as a spouse, by an individual similarly situ- ing to social security account numbers or so- States Code,’’; and ated to a spouse of the person under the do- cial security cards) or section 1028 of title 18, (2) by inserting after ‘‘first offense’’ the mestic or family violence laws of the juris- United States Code (relating to fraud and re- following: ‘‘(i) that is not described in sec- diction where the offense occurs, or by any lated activity in connection with identification 1548 of such title (relating to increased other individual against a person who is pro- tion) is deportable.’’. penalties), and (ii)’’. (b) EFFECTIVE DATE.—The amendment tected from that individual’s acts under the (d) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on domestic or family violence laws of the made by this section shall apply— the date of the enactment of this Act and United States or any State, Indian tribal (1) to any act that occurred before, on, or after the date of the enactment of this Act; shall apply to acts that occur before, on, or government, or unit of local or foreign gov- after the date of the enactment of this Act. ernment. and SEC. 3737. PRECLUDING REFUGEE OR ASYLEE ‘‘(ii) VIOLATORS OF PROTECTION ORDERS.— (2) to all aliens who are required to establish admissibility on or after such date, and ADJUSTMENT OF STATUS FOR AG- Any alien who at any time is enjoined under GRAVATED FELONS. in all removal, deportation, or exclusion pro- a protection order issued by a court and (a) IN GENERAL.—Section 209(c) of the Im- whom the court determines has engaged in ceedings that are filed, pending, or reopened, migration and Nationality Act (8 U.S.C. conduct that violates the portion of a protec- on or after such date. 1159(c)) is amended by adding at the end tion order that involves protection against (e) CONSTRUCTION.—The amendments made thereof the following: ‘‘However, an alien credible threats of violence, repeated harass- by subsection (a) shall not be construed to who is convicted of an aggravated felony is ment, or bodily injury to the person or per- create eligibility for relief from removal not eligible for a waiver or for adjustment of sons for whom the protection order was under former section 212(c) of the Immigra- status under this section.’’. issued is inadmissible. For purposes of this tion and Nationality Act where such eligi- (b) EFFECTIVE DATE.—The amendment clause, the term ‘protection order’ means bility did not exist before these amendments made by subsection (a) shall apply— any injunction issued for the purpose of pre- became effective. (1) to any act that occurred before, on, or venting violent or threatening acts of domes- SEC. 3733. ESPIONAGE CLARIFICATION. after the date of the enactment of this Act; tic violence, including temporary or final or- Section 212(a)(3)(A) of the Immigration and and ders issued by civil or criminal courts (other Nationality Act (8 U.S.C. 1182(a)(3)(A)), is (2) to all aliens who are required to estab- than support or child custody orders or pro- amended to read as follows: lish admissibility on or after such date, and visions) whether obtained by filing an inde- ‘‘(A) Any alien who a consular officer, the in all removal, deportation, or exclusion pro- pendent action or as a independent order in Attorney General, or the Secretary of Home- ceedings that are filed, pending, or reopened, another proceeding. land Security knows, or has reasonable on or after such date.

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INADMISSIBILITY AND DEPORT- tablish the alien’s identity and carry out the termines that there is a significant likeli- ABILITY OF DRUNK DRIVERS. removal order; hood that the alien— (a) IN GENERAL.—Section 101(a)(43) of the ‘‘(II) the stay of removal is no longer in ef- ‘‘(aa) will be removed in the reasonably Immigration and Nationality Act (8 U.S.C. fect; or foreseeable future; or 1101(a)(43)) is amended— ‘‘(III) the alien is returned to the custody ‘‘(bb) would be removed in the reasonably (1) in subparagraph (T), by striking ‘‘and’’; of the Secretary. foreseeable future, or would have been re- (2) in subparagraph (U); by striking the pe- ‘‘(iii) MANDATORY DETENTION FOR CERTAIN moved, but for the alien’s failure or refusal riod at the end and inserting ‘‘; and’’; and ALIENS.—In the case of an alien described in to make all reasonable efforts to comply (3) by inserting after subparagraph (U) the subparagraphs (A) through (D) of section with the removal order, or to cooperate fully following:. 236(c)(1), the Secretary shall keep that alien with the Secretary’s efforts to establish the ‘‘(V) A second conviction for driving while in detention during the extended period de- alien’s identity and carry out the removal intoxicated (including a conviction for driv- scribed in clause (i). order, including making timely application ing while under the influence of or impaired ‘‘(iv) SOLE FORM OF RELIEF.—An alien may in good faith for travel or other documents by alcohol or drugs) without regard to seek relief from detention under this sub- necessary to the alien’s departure, or con- whether the conviction is classified as a mis- spires or acts to prevent removal; demeanor or felony under State law.’’. paragraph only by filing an application for a writ of habeas corpus in accordance with ‘‘(II) until the alien is removed, if the Sec- (b) EFFECTIVE DATE.—The amendments retary of Homeland Security certifies in made by subsection (a) shall take effect on chapter 153 of title 28, United States Code. No alien whose period of detention is ex- writing— the date of the enactment of this Act and ‘‘(aa) in consultation with the Secretary of tended under this subparagraph shall have apply to convictions entered on or after such Health and Human Services, that the alien the right to seek release on bond.’’; date. has a highly contagious disease that poses a (4) in paragraph (3)— SEC. 3739. DETENTION OF DANGEROUS ALIENS. threat to public safety; (A) by adding after ‘‘If the alien does not (a) IN GENERAL.—Section 241(a) of the Im- ‘‘(bb) after receipt of a written rec- leave or is not removed within the removal migration and Nationality Act (8 U.S.C. ommendation from the Secretary of State, period’’ the following: ‘‘or is not detained 1231(a)) is amended— that release of the alien is likely to have se- pursuant to paragraph (6) of this sub- (1) by striking ‘‘Attorney General’’ each rious adverse foreign policy consequences for place it appears, except for the first ref- section’’; and the United States; erence in paragraph (4)(B)(i), and inserting (B) by striking subparagraph (D) and in- ‘‘(cc) based on information available to the ‘‘Secretary of Homeland Security’’; serting the following: Secretary of Homeland Security (including (2) in paragraph (1), by amending subpara- ‘‘(D) to obey reasonable restrictions on the classified, sensitive, or national security in- graph (B) to read as follows: alien’s conduct or activities that the Sec- formation, and without regard to the ‘‘(B) BEGINNING OF PERIOD.—The removal retary prescribes for the alien, in order to grounds upon which the alien was ordered re- period begins on the latest of the following: prevent the alien from absconding, for the moved), that there is reason to believe that ‘‘(i) The date the order of removal becomes protection of the community, or for other the release of the alien would threaten the administratively final. purposes related to the enforcement of the national security of the United States; or ‘‘(ii) If the alien is not in the custody of immigration laws.’’; ‘‘(dd) that the release of the alien will the Secretary on the date the order of re- (5) in paragraph (4)(A), by striking ‘‘para- threaten the safety of the community or any moval becomes administratively final, the graph (2)’’ and inserting ‘‘subparagraph (B)’’; person, conditions of release cannot reason- date the alien is taken into such custody. and ably be expected to ensure the safety of the ‘‘(iii) If the alien is detained or confined (6) by striking paragraph (6) and inserting community or any person, and either (AA) (except under an immigration process) on the following: the alien has been convicted of one or more the date the order of removal becomes ad- ‘‘(6) ADDITIONAL RULES FOR DETENTION OR aggravated felonies (as defined in section ministratively final, the date the alien is RELEASE OF CERTAIN ALIENS.— 101(a)(43)(A)) or of one or more crimes identi- taken into the custody of the Secretary, ‘‘(A) DETENTION REVIEW PROCESS FOR COOP- fied by the Secretary of Homeland Security after the alien is released from such deten- ERATIVE ALIENS ESTABLISHED.—For an alien by regulation, or of one or more attempts or tion or confinement.’’; who is not otherwise subject to mandatory conspiracies to commit any such aggravated (3) in paragraph (1), by amending subpara- detention, who has made all reasonable ef- felonies or such identified crimes, if the ag- graph (C) to read as follows: forts to comply with a removal order and to gregate term of imprisonment for such at- ‘‘(C) SUSPENSION OF PERIOD.— cooperate fully with the Secretary of Home- tempts or conspiracies is at least 5 years; or ‘‘(i) EXTENSION.—The removal period shall land Security’s efforts to establish the (BB) the alien has committed one or more be extended beyond a period of 90 days and alien’s identity and carry out the removal crimes of violence (as defined in section 16 of the Secretary may, in the Secretary’s sole order, including making timely application title 18, United States Code, but not includ- discretion, keep the alien in detention dur- in good faith for travel or other documents ing a purely political offense) and, because of ing such extended period if— necessary to the alien’s departure, and who a mental condition or personality disorder ‘‘(I) the alien fails or refuses to make all has not conspired or acted to prevent re- and behavior associated with that condition reasonable efforts to comply with the removal, the Secretary shall establish an ad- or disorder, the alien is likely to engage in moval order, or to fully cooperate with the ministrative review process to determine acts of violence in the future; or Secretary’s efforts to establish the alien’s whether the alien should be detained or re- ‘‘(III) pending a certification under sub- identity and carry out the removal order, in- leased on conditions. The Secretary shall clause (II), so long as the Secretary of Home- cluding making timely application in good make a determination whether to release an land Security has initiated the administra- faith for travel or other documents nec- alien after the removal period in accordance tive review process not later than 30 days essary to the alien’s departure or conspires with subparagraph (B). The determination after the expiration of the removal period or acts to prevent the alien’s removal that is shall include consideration of any evidence (including any extension of the removal pe- subject to an order of removal; submitted by the alien, and may include con- riod, as provided in paragraph (1)(C)). ‘‘(II) a court, the Board of Immigration Ap- sideration of any other evidence, including ‘‘(iii) NO RIGHT TO BOND HEARING.—An alien peals, or an immigration judge orders a stay any information or assistance provided by whose detention is extended under this sub- of removal of an alien who is subject to an the Secretary of State or other Federal offi- paragraph shall have no right to seek release administratively final order of removal; cial and any other information available to on bond, including by reason of a certifi- ‘‘(III) the Secretary transfers custody of the Secretary of Homeland Security per- cation under clause (ii)(II). the alien pursuant to law to another Federal taining to the ability to remove the alien. ‘‘(C) RENEWAL AND DELEGATION OF CERTIFI- agency or a State or local government agen- ‘‘(B) AUTHORITY TO DETAIN BEYOND RE- CATION.— cy in connection with the official duties of MOVAL PERIOD.— ‘‘(i) RENEWAL.—The Secretary of Homeland such agency; or ‘‘(i) IN GENERAL.—The Secretary of Home- Security may renew a certification under ‘‘(IV) a court or the Board of Immigration land Security, in the exercise of the Sec- subparagraph (B)(ii)(II) every 6 months, after Appeals orders a remand to an immigration retary’s sole discretion, may continue to de- providing an opportunity for the alien to re- judge or the Board of Immigration Appeals, tain an alien for 90 days beyond the removal quest reconsideration of the certification during the time period when the case is period (including any extension of the re- and to submit documents or other evidence pending a decision on remand (with the removal period as provided in paragraph in support of that request. If the Secretary moval period beginning anew on the date (1)(C)). An alien whose detention is extended does not renew a certification, the Secretary that the alien is ordered removed on re- under this subparagraph shall have no right may not continue to detain the alien under mand). to seek release on bond. subparagraph (B)(ii)(II). ‘‘(ii) RENEWAL.—If the removal period has ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The Sec- ‘‘(ii) DELEGATION.—Notwithstanding sec- been extended under clause (C)(i), a new re- retary of Homeland Security, in the exercise tion 103, the Secretary of Homeland Security moval period shall be deemed to have begun of the Secretary’s sole discretion, may con- may not delegate the authority to make or on the date— tinue to detain an alien beyond the 90 days renew a certification described in item (bb), ‘‘(I) the alien makes all reasonable efforts authorized in clause (i)— (cc), or (dd) of subparagraph (B)(ii)(II) below to comply with the removal order, or to fully ‘‘(I) until the alien is removed, if the Sec- the level of the Assistant Secretary for Im- cooperate with the Secretary’s efforts to es- retary, in the Secretary’s sole discretion, de- migration and Customs Enforcement.

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‘‘(iii) HEARING.—The Secretary of Home- (4) ADMINISTRATIVE REVIEW.—Section 236 of been designated as a criminal gang by the land Security may request that the Attorney the Immigration and Nationality Act (8 Secretary of Homeland Security, in con- General or the Attorney General’s designee U.S.C. 1226), as amended by paragraph (2), is sultation with the Attorney General, as provide for a hearing to make the determina- further amended by adding at the end the meeting these criteria. The offenses de- tion described in item (dd)(BB) of subpara- following: scribed, whether in violation of Federal or graph (B)(ii)(II). ‘‘(g) ADMINISTRATIVE REVIEW.— State law or foreign law and regardless of ‘‘(D) RELEASE ON CONDITIONS.—If it is deter- ‘‘(1) IN GENERAL.—The Attorney General’s whether the offenses occurred before, on, or mined that an alien should be released from review of the Secretary’s custody determina- after the date of the enactment of this para- detention by a Federal court, the Board of tions under subsection (a) for the following graph, are the following: Immigration Appeals, or if an immigration classes of aliens shall be limited to whether ‘‘(i) A ‘felony drug offense’ (as defined in judge orders a stay of removal, the Secretary the alien may be detained, released on bond section 102 of the Controlled Substances Act of Homeland Security, in the exercise of the (of at least $1,500 with security approved by (21 U.S.C. 802)). Secretary’s discretion, may impose condi- the Secretary), or released with no bond: ‘‘(ii) An offense under section 274 (relating tions on release as provided in paragraph (3). ‘‘(A) Aliens in exclusion proceedings. to bringing in and harboring certain aliens), ‘‘(E) REDETENTION.—The Secretary of ‘‘(B) Aliens described in section 212(a)(3) or section 277 (relating to aiding or assisting Homeland Security, in the exercise of the 237(a)(4). certain aliens to enter the United States), or Secretary’s discretion, without any limita- ‘‘(C) Aliens described in subsection (c). section 278 (relating to importation of alien tions other than those specified in this sec- ‘‘(2) SPECIAL RULE.—The Attorney Gen- for immoral purpose). tion, may again detain any alien subject to eral’s review of the Secretary’s custody de- ‘‘(iii) A crime of violence (as defined in sec- a final removal order who is released from terminations under subsection (a) for aliens tion 16 of title 18, United States Code). custody, if removal becomes likely in the in deportation proceedings subject to section ‘‘(iv) A crime involving obstruction of jus- reasonably foreseeable future, the alien fails 242(a)(2) of the Act (as in effect prior to April tice, tampering with or retaliating against a to comply with the conditions of release, or 1, 1997, and as amended by section 440(c) of witness, victim, or informant, or burglary. to continue to satisfy the conditions de- Public Law 104–132) shall be limited to a de- ‘‘(v) Any conduct punishable under sec- scribed in subparagraph (A), or if, upon re- termination of whether the alien is properly tions 1028 and 1029 of title 18, United States consideration, the Secretary, in the Sec- included in such category. Code (relating to fraud and related activity retary’s sole discretion, determines that the ‘‘(h) RELEASE ON BOND.— in connection with identification documents alien can be detained under subparagraph ‘‘(1) IN GENERAL.—An alien detained under or access devices), sections 1581 through 1594 (B). This section shall apply to any alien re- subsection (a) may seek release on bond. No of such title (relating to peonage, slavery turned to custody pursuant to this subpara- bond may be granted except to an alien who and trafficking in persons), section 1952 of graph, as if the removal period terminated establishes by clear and convincing evidence such title (relating to interstate and foreign on the day of the redetention. that the alien is not a flight risk or a risk to travel or transportation in aid of racket- ‘‘(F) REVIEW OF DETERMINATIONS BY SEC- another person or the community. eering enterprises), section 1956 of such title RETARY.—A determination by the Secretary ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien (relating to the laundering of monetary in- under this paragraph shall not be subject to detained under subsection (c) may seek re- struments), section 1957 of such title (relat- review by any other agency.’’. lease on bond.’’. ing to engaging in monetary transactions in (b) DETENTION OF ALIENS DURING REMOVAL (5) CLERICAL AMENDMENTS.—(A) Section property derived from specified unlawful ac- PROCEEDINGS.— 236(a)(2)(B) of the Immigration and Nation- tivity), or sections 2312 through 2315 of such (1) CLERICAL AMENDMENT.—(A) Section 236 ality Act (8 U.S.C. 1226(a)(2)(B)) is amended title (relating to interstate transportation of of the Immigration and Nationality Act (8 by striking ‘‘conditional parole’’ and insert- stolen motor vehicles or stolen property). U.S.C. 1226) is amended by striking ‘‘Attor- ing ‘‘recognizance’’. ‘‘(vi) A conspiracy to commit an offense ney General’’ each place it appears (except in (B) Section 236(b) of such Act (8 U.S.C. described in clauses (i) through (v). 1226(b)) is amended by striking ‘‘parole’’ and the second place that term appears in sec- ‘‘(B) Notwithstanding any other provision inserting ‘‘recognizance’’. tion 236(a)) and inserting ‘‘Secretary of of law (including any effective date), the Homeland Security’’. (c) SEVERABILITY.—If any of the provisions of this section or any amendment by this term applies regardless of whether the con- (B) Section 236(a) of such Act (8 U.S.C. section, or the application of any such provi- duct occurred before, on, or after the date of 1226(a)) is amended by inserting ‘‘the Sec- sion to any person or circumstance, is held the enactment of this paragraph.’’. retary of Homeland Security or’’ before ‘‘the to be invalid for any reason, the remainder (b) INADMISSIBILITY.—Section 212(a)(2) of Attorney General—’’. of this section and of amendments made by such Act (8 U.S.C. 1182(a)(2)), as amended by (C) Section 236(e) of such Act (8 U.S.C. this section, and the application of the provi- section 302(a)(2) of this Act, is further 1226(e)) is amended by striking ‘‘Attorney sions and of the amendments made by this amended by adding at the end the following: General’s’’ and inserting ‘‘Secretary of section to any other person or circumstance ‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL Homeland Security’s’’. shall not be affected by such holding. GANGS.—Any alien is inadmissible who a con- (2) LENGTH OF DETENTION.—Section 236 of (d) EFFECTIVE DATES.— sular officer, the Secretary of Homeland Se- such Act (8 U.S.C. 1226) is amended by adding (1) The amendments made by subsection curity, or the Attorney General knows or has at the end the following: (a) shall take effect upon the date of enact- reason to believe— ‘‘(f) LENGTH OF DETENTION.— ment of this Act, and section 241 of the Im- ‘‘(i) to be or to have been a member of a ‘‘(1) IN GENERAL.—Notwithstanding any migration and Nationality Act, as so amend- criminal gang (as defined in section other provision of this section, an alien may ed, shall in addition apply to— 101(a)(53)); or be detained under this section for any period, (A) all aliens subject to a final administra- ‘‘(ii) to have participated in the activities without limitation, except as provided in tive removal, deportation, or exclusion order of a criminal gang (as defined in section subsection (h), until the alien is subject to a that was issued before, on, or after the date 101(a)(53)), knowing or having reason to final order of removal. of the enactment of this Act; and know that such activities will promote, fur- ‘‘(2) CONSTRUCTION.—The length of deten- (B) acts and conditions occurring or exist- ther, aid, or support the illegal activity of tion under this section shall not affect de- ing before, on, or after such date. the criminal gang.’’. tention under section 241.’’. (2) The amendments made by subsection (c) DEPORTABILITY.—Section 237(a)(2) of the (3) DETENTION OF CRIMINAL ALIENS.—Sec- (b) shall take effect upon the date of the en- tion 236(c)(1) of the Immigration and Nation- Immigration and Nationality Act (8 U.S.C. actment of this Act, and section 236 of the 1227(a)(2)), as amended by section 302(c) of ality Act (8 U.S.C. 1226(c)(1)) is amended, in Immigration and Nationality Act, as so the matter following subparagraph (D) to this Act, is further amended by adding at the amended, shall in addition apply to any alien end the following: read as follows: in detention under provisions of such section ‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL ‘‘any time after the alien is released, with- on or after such date. GANGS.—Any alien is deportable who the Sec- out regard to whether an alien is released re- SEC. 3740. GROUNDS OF INADMISSIBILITY AND lated to any activity, offense, or conviction retary of Homeland Security or the Attorney DEPORTABILITY FOR ALIEN GANG General knows or has reason to believe— described in this paragraph; to whether the MEMBERS. ‘‘(i) is or has been a member of a criminal alien is released on parole, supervised re- (a) DEFINITION OF GANG MEMBER.—Section lease, or probation; or to whether the alien 101(a) of the Immigration and Nationality gang (as defined in section 101(a)(53)); or may be arrested or imprisoned again for the Act (8 U.S.C. 1101(a)) is amended by adding at ‘‘(ii) has participated in the activities of a same offense. If the activity described in this the end the following: criminal gang (as so defined), knowing or paragraph does not result in the alien being ‘‘(53)(A) The term ‘criminal gang’ means an having reason to know that such activities taken into custody by any person other than ongoing group, club, organization, or asso- will promote, further, aid, or support the il- the Secretary, then when the alien is ciation of 5 or more persons that has as one legal activity of the criminal gang.’’. brought to the attention of the Secretary or of its primary purposes the commission of 1 (d) DESIGNATION.— when the Secretary determines it is prac- or more of the following criminal offenses (1) IN GENERAL.—Chapter 2 of title II of the tical to take such alien into custody, the and the members of which engage, or have Immigration and Nationality Act (8 U.S.C. Secretary shall take such alien into cus- engaged within the past 5 years, in a con- 1182) is amended by inserting after section tody.’’. tinuing series of such offenses, or that has 219 the following:

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‘‘DESIGNATION date of the enactment of this Act and shall enter the United States without official per- ‘‘SEC. 220. (a) IN GENERAL.—The Secretary apply to acts that occur before, on, or after mission or lawful authority; of Homeland Security, in consultation with the date of the enactment of this Act. ‘‘(D) encourages or induces a person to re- the Attorney General, and the Secretary of SEC. 3741. LAUNDERING OF MONETARY INSTRU- side in the United States, knowing or in State may designate a groups or association MENTS. reckless disregard of the fact that such per- as a criminal street gangs if their conduct is (a) ADDITIONAL PREDICATE OFFENSES.—Sec- son is an alien who lacks lawful authority to described in section 101(a)(53) or if the group tion 1956(c)(7)(D) of title 18, United States reside in the United States; or association conduct poses a significant Code, is amended— ‘‘(E) transports or moves a person in the risk that threatens the security and the pub- (1) by inserting ‘‘section 1590 (relating to United States, knowing or in reckless dis- lic safety of United States nationals or the trafficking with respect to peonage, slavery, regard of the fact that such person is an national security, homeland security, for- involuntary servitude, or forced labor),’’ alien who lacks lawful authority to enter or eign policy, or economy of the United States. after ‘‘section 1363 (relating to destruction of be in the United States, if the transportation ‘‘(b) EFFECTIVE DATE.—Designations under property within the special maritime and or movement will further the alien’s illegal subsection (a) shall remain in effect until territorial jurisdiction),’’; and entry into or illegal presence in the United the designation is revoked after consultation (2) by inserting ‘‘section 274(a) of the Im- States; between the Secretary of Homeland Secu- migration and Nationality Act (8 ‘‘(F) harbors, conceals, or shields from de- rity, the Attorney General, and the Sec- U.S.C.1324(a)) (relating to bringing in and tection a person in the United States, know- retary of State or is terminated in accord- harboring certain aliens),’’ after ‘‘section 590 ing or in reckless disregard of the fact that ance with Federal law.’’. of the Tariff Act of 1930 (19 U.S.C. 1590) (re- such person is an alien who lacks lawful authority to be in the United States; or (2) CLERICAL AMENDMENT.—The table of lating to aviation smuggling),’’. ‘‘(G) conspires or attempts to commit any contents for such Act is amended by insert- (b) INTENT TO CONCEAL OR DISGUISE.—Sec- ing after the item relating to section 219 the tion 1956(a) of title 18, United States Code, is of the acts described in subparagraphs (A) through (F). following: amended— ‘‘(2) CRIMINAL PENALTIES.—A person who ‘‘220. Designation.’’. (1) in paragraph (1) so that subparagraph (B) reads as follows: violates any provision under paragraph (1) (e) MANDATORY DETENTION OF CRIMINAL shall, for each alien in respect to whom a ‘‘(B) knowing that the transaction— STREET GANG MEMBERS.— violation of paragraph (1) occurs— ‘‘(i) conceals or disguises, or is intended to (1) IN GENERAL.—Section 236(c)(1)(D) of the ‘‘(A) except as provided in subparagraphs conceal or disguise, the nature, source, loca- Immigration and Nationality Act (8 U.S.C. (C) through (G), if the violation was not com- tion, ownership, or control of the proceeds of 1226(c)(1)(D)) is amended— mitted for commercial advantage, profit, or some form of unlawful activity; or (A) by inserting ‘‘or 212(a)(2)(N)’’ after private financial gain, be fined under title 18, ‘‘(ii) avoids, or is intended to avoid, a ‘‘212(a)(3)(B)’’; and United States Code, imprisoned for not more transaction reporting requirement under (B) by inserting ‘‘or 237(a)(2)(H)’’ before than 5 years, or both; State or Federal law,’’; and ‘‘237(a)(4)(B)’’. ‘‘(B) except as provided in subparagraphs (2) in paragraph (2) so that subparagraph (2) ANNUAL REPORT.—Not later than March (C) through (G), if the violation was com- 1 of each year (beginning 1 year after the (B) reads as follows: mitted for commercial advantage, profit, or date of the enactment of this Act), the Sec- ‘‘(B) knowing that the monetary instru- private financial gain— retary of Homeland Security, after consulta- ment or funds involved in the transpor- ‘‘(i) be fined under such title, imprisoned tion with the appropriate Federal agencies, tation, transmission, or transfer represent for not more than 20 years, or both, if the shall submit a report to the Committees on the proceeds of some form of unlawful activ- violation is the offender’s first violation the Judiciary of the House of Representa- ity, and knowing that such transportation, under this subparagraph; or tives and of the Senate on the number of transmission, or transfer— ‘‘(ii) be fined under such title, imprisoned aliens detained under the amendments made ‘‘(i) conceals or disguises, or is intended to for not more than 25 years, or both, if the by paragraph (1). conceal or disguise, the nature, source, loca- violation is the offender’s second or subse- (f) ASYLUM CLAIMS BASED ON GANG AFFILI- tion, ownership, or control of the proceeds of quent violation of this subparagraph; ATION.— some form of unlawful activity; or ‘‘(C) if the violation furthered or aided the (1) INAPPLICABILITY OF RESTRICTION ON RE- ‘‘(ii) avoids, or is intended to avoid, a commission of any other offense against the MOVAL TO CERTAIN COUNTRIES.—Section transaction reporting requirement under United States or any State that is punish- 241(b)(3)(B) of the Immigration and Nation- State or Federal law,’’. able by imprisonment for more than 1 year, ality Act (8 U.S.C. 1251(b)(3)(B)) is amended, SEC. 3742. INCREASED CRIMINAL PENALTIES RE- be fined under such title, imprisoned for not in the matter preceding clause (i), by insert- LATING TO ALIEN SMUGGLING AND more than 20 years, or both; ing ‘‘who is described in section RELATED OFFENSES. ‘‘(D) be fined under such title, imprisoned 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or who (a) IN GENERAL.—Section 274 of the Immi- not more than 20 years, or both, if the viola- is’’ after ‘‘to an alien’’. gration and Nationality Act (8 U.S.C. 1324), is tion created a substantial and foreseeable (2) INELIGIBILITY FOR ASYLUM.—Section amended to read as follows: risk of death, a substantial and foreseeable 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) ‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OF- risk of serious bodily injury (as defined in is amended— FENSES. section 2119(2) of title 18, United States (A) in clause (v), by striking ‘‘or’’ at the ‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— Code), or inhumane conditions to another end; ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro- person, including— (B) by redesignating clause (vi) as clause vided in paragraph (3), a person shall be pun- ‘‘(i) transporting the person in an engine (vii); and ished as provided under paragraph (2), if the compartment, storage compartment, or (C) by inserting after clause (v) the fol- person— other confined space; lowing: ‘‘(A) facilitates, encourages, directs, or in- ‘‘(ii) transporting the person at an exces- ‘‘(vi) the alien is described in section duces a person to come to or enter the sive speed or in excess of the rated capacity 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) (relat- United States, or to cross the border to the of the means of transportation; or ing to participation in criminal street United States, knowing or in reckless dis- ‘‘(iii) transporting the person in, harboring gangs); or’’. regard of the fact that such person is an the person in, or otherwise subjecting the (g) TEMPORARY PROTECTED STATUS.—Sec- alien who lacks lawful authority to come to, person to crowded or dangerous conditions; tion 244 of such Act (8 U.S.C. 1254a) is amend- enter, or cross the border to the United ‘‘(E) if the violation caused serious bodily ed— States; injury (as defined in section 2119(2) of title (1) by striking ‘‘Attorney General’’ each ‘‘(B) facilitates, encourages, directs, or in- 18, United States Code) to any person, be place it appears and inserting ‘‘Secretary of duces a person to come to or enter the fined under such title, imprisoned for not Homeland Security’’; United States, or to cross the border to the more than 30 years, or both; (2) in subparagraph (c)(2)(B), by adding at United States, at a place other than a des- ‘‘(F) be fined under such title and impris- the end the following: ignated port of entry or place other than as oned for not more than 30 years if the viola- ‘‘(iii) the alien is, or at any time after ad- designated by the Secretary of Homeland Se- tion involved an alien who the offender knew mission has been, a member of a criminal curity, knowing or in reckless disregard of or had reason to believe was— gang (as defined in section 101(a)(53)).’’; and the fact that such person is an alien and re- ‘‘(i) engaged in terrorist activity (as de- (3) in subsection (d)—— gardless of whether such alien has official fined in section 212(a)(3)(B)); or (A) by striking paragraph (3); and permission or lawful authority to be in the ‘‘(ii) intending to engage in terrorist activ- (B) in paragraph (4), by adding at the end United States; ity; the following: ‘‘The Secretary of Homeland ‘‘(C) transports, moves, harbors, conceals, ‘‘(G) if the violation caused or resulted in Security may detain an alien provided tem- or shields from detection a person outside of the death of any person, be punished by porary protected status under this section the United States knowing or in reckless dis- death or imprisoned for a term of years up to whenever appropriate under any other provi- regard of the fact that such person is an life, and fined under title 18, United States sion of law.’’. alien in unlawful transit from one country to Code. (h) EFFECTIVE DATE.—The amendments another or on the high seas, under cir- ‘‘(3) LIMITATION.—It is not a violation of made by this section shall take effect on the cumstances in which the alien is seeking to subparagraph (D), (E), or (F) of paragraph (1)

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for a religious denomination having a bona ‘‘(1) CROSS THE BORDER TO THE UNITED 212(a)(9)(B)(ii) subject to the exceptions set fide nonprofit, religious organization in the STATES.—The term ‘cross the border’ refers forth in section 212(a)(9)(B)(iii)). United States, or the agents or officers of to the physical act of crossing the border, re- ‘‘(2) CRIMINAL PENALTIES.—Any alien who such denomination or organization, to en- gardless of whether the alien is free from of- violates any provision under paragraph (1): courage, invite, call, allow, or enable an ficial restraint. ‘‘(A) shall, for the first violation, be fined alien who is present in the United States to ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful under title 18, United States Code, impris- perform the vocation of a minister or mis- authority’ means permission, authorization, oned not more than 6 months, or both; sionary for the denomination or organization or license that is expressly provided for in ‘‘(B) shall, for a second or subsequent vio- in the United States as a volunteer who is the immigration laws of the United States or lation, or following an order of voluntary de- not compensated as an employee, notwith- accompanying regulations. The term does parture, be fined under such title, impris- standing the provision of room, board, trav- not include any such authority secured by oned not more than 2 years, or both; el, medical assistance, and other basic living fraud or otherwise obtained in violation of ‘‘(C) if the violation occurred after the expenses, provided the minister or mis- law or authority sought, but not approved. alien had been convicted of 3 or more mis- sionary has been a member of the denomina- No alien shall be deemed to have lawful au- demeanors or for a felony, shall be fined tion for at least 1 year. thority to come to, enter, reside in, remain under such title, imprisoned not more than ‘‘(4) EXTRATERRITORIAL JURISDICTION.— in, or be in the United States if such coming 10 years, or both; There is extraterritorial Federal jurisdiction to, entry, residence, remaining, or presence ‘‘(D) if the violation occurred after the over the offenses described in this sub- was, is, or would be in violation of law. alien had been convicted of a felony for section. ‘‘(3) PROCEEDS.—The term ‘proceeds’ in- which the alien received a term of imprison- ‘‘(b) SEIZURE AND FORFEITURE.— cludes any property or interest in property ment of not less than 30 months, shall be ‘‘(1) IN GENERAL.—Any real or personal obtained or retained as a consequence of an fined under such title, imprisoned not more property used to commit or facilitate the act or omission in violation of this section. than 15 years, or both; and commission of a violation of this section, the ‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlaw- ‘‘(E) if the violation occurred after the gross proceeds of such violation, and any ful transit’ means travel, movement, or tem- alien had been convicted of a felony for property traceable to such property or pro- porary presence that violates the laws of any which the alien received a term of imprison- ceeds, shall be subject to forfeiture. country in which the alien is present or any ment of not less than 60 months, such alien country from which or to which the alien is ‘‘(2) APPLICABLE PROCEDURES.—Seizures shall be fined under such title, imprisoned and forfeitures under this subsection shall be traveling or moving.’’. not more than 20 years, or both. (b) CLERICAL AMENDMENT.—The table of governed by the provisions of chapter 46 of ‘‘(3) PRIOR CONVICTIONS.—The prior convic- contents for the Immigration and Nation- title 18, United States Code, relating to civil tions described in subparagraphs (C) through ality Act is amended by striking the item re- (E) of paragraph (2) are elements of the of- forfeitures, except that such duties as are lating to section 274 and inserting the fol- fenses described and the penalties in such imposed upon the Secretary of the Treasury lowing: under the customs laws described in section subparagraphs shall apply only in cases in ‘‘Sec. 274. Alien smuggling and related of- 981(d) shall be performed by such officers, which the conviction or convictions that fenses.’’. agents, and other persons as may be des- form the basis for the additional penalty (c) PROHIBITING CARRYING OR USING A FIRE- ignated for that purpose by the Secretary of are— ARM DURING AND IN RELATION TO AN ALIEN Homeland Security. ‘‘(A) alleged in the indictment or informa- SMUGGLING CRIME.—Section 924(c) of title 18, ‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA- United States Code, is amended— tion; and TIONS OF VIOLATIONS.—In determining wheth- (1) in paragraph (1)— ‘‘(B) proven beyond a reasonable doubt at er a violation of subsection (a) has occurred, (A) in subparagraph (A)—— trial or admitted by the defendant. prima facie evidence that an alien involved (i) by inserting ‘‘, alien smuggling crime,’’ ‘‘(4) DURATION OF OFFENSE.—An offense in the alleged violation lacks lawful author- after ‘‘any crime of violence’’; and under this subsection continues until the ity to come to, enter, reside in, remain in, or (ii) by inserting ‘‘, alien smuggling crime,’’ alien is discovered within the United States be in the United States or that such alien after ‘‘such crime of violence’’; and by an immigration, customs, or agriculture had come to, entered, resided in, remained (B) in subparagraph (D)(ii), by inserting ‘‘, officer. in, or been present in the United States in alien smuggling crime,’’ after ‘‘crime of vio- ‘‘(5) ATTEMPT.—Whoever attempts to com- violation of law may include: lence’’; and mit any offense under this section shall be ‘‘(A) any order, finding, or determination (2) by adding at the end the following: punished in the same manner as for a com- concerning the alien’s status or lack of sta- ‘‘(6) For purposes of this subsection, the pletion of such offense. tus made by a Federal judge or administra- term ‘alien smuggling crime’ means any fel- ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN- tive adjudicator (including an immigration ony punishable under section 274(a), 277, or ALTIES.— judge or immigration officer) during any ju- 278 of the Immigration and Nationality Act ‘‘(1) IN GENERAL.—Any alien who is appre- dicial or administrative proceeding author- (8 U.S.C. 1324(a), 1327, and 1328).’’. hended while entering, attempting to enter, or knowingly crossing or attempting to cross ized under Federal immigration law; SEC. 3743. PENALTIES FOR ILLEGAL ENTRY OR ‘‘(B) official records of the Department of PRESENCE. the border to the United States at a time or Homeland Security, the Department of Jus- (a) IN GENERAL.—Section 275 of the Immi- place other than as designated by immigra- tice, or the Department of State concerning gration and Nationality Act (8 U.S.C. 1325) is tion officers shall be subject to a civil pen- the alien’s status or lack of status; and amended to read as follows: alty, in addition to any criminal or other civil penalties that may be imposed under ‘‘(C) testimony by an immigration officer ‘‘ILLEGAL ENTRY any other provision of law, in an amount having personal knowledge of the facts con- ‘‘SEC. 275. (a) IN GENERAL.— equal to— cerning the alien’s status or lack of status. ‘‘(1) ILLEGAL ENTRY OR PRESENCE.—An alien ‘‘(A) not less than $50 or more than $250 for ‘‘(c) AUTHORITY TO ARREST.—No officer or shall be subject to the penalties set forth in each such entry, crossing, attempted entry, person shall have authority to make any ar- paragraph (2) if the alien— or attempted crossing; or rests for a violation of any provision of this ‘‘(A) knowingly enters or crosses the bor- ‘‘(B) twice the amount specified in para- section except: der into the United States at any time or graph (1) if the alien had previously been ‘‘(1) officers and employees designated by place other than as designated by the Sec- the Secretary of Homeland Security, either retary of Homeland Security; subject to a civil penalty under this sub- individually or as a member of a class; and ‘‘(B) knowingly eludes, at any time or section.’’. (b) CLERICAL AMENDMENT.—The table of ‘‘(2) other officers responsible for the en- place, examination or inspection by an au- contents for the Immigration and Nation- forcement of Federal criminal laws. thorized immigration, customs, or agri- ality Act is amended by striking the item re- ‘‘(d) ADMISSIBILITY OF VIDEOTAPED WITNESS culture officer (including by failing to stop lating to section 275 and inserting the fol- TESTIMONY.—Notwithstanding any provision at the command of such officer); lowing: of the Federal Rules of Evidence, the ‘‘(C) knowingly enters or crosses the bor- videotaped or otherwise audiovisually pre- der to the United States and, upon examina- ‘‘275. Illegal entry.’’. served deposition of a witness to a violation tion or inspection, knowingly makes a false SEC. 3744. ILLEGAL REENTRY. of subsection (a) who has been deported or or misleading representation or the knowing Section 276 of the Immigration and Nation- otherwise expelled from the United States, concealment of a material fact (including ality Act (8 U.S.C. 1326) is amended to read or is otherwise unavailable to testify, may such representation or concealment in the as follows: be admitted into evidence in an action context of arrival, reporting, entry, or clear- ‘‘REENTRY OF REMOVED ALIEN brought for that violation if: ance requirements of the customs laws, im- ‘‘SEC. 276. (a) REENTRY AFTER REMOVAL.— ‘‘(1) the witness was available for cross ex- migration laws, agriculture laws, or shipping Any alien who has been denied admission, amination at the deposition by the party, if laws); excluded, deported, or removed, or who has any, opposing admission of the testimony; ‘‘(D) knowingly violates the terms or con- departed the United States while an order of and ditions of the alien’s admission or parole exclusion, deportation, or removal is out- ‘‘(2) the deposition otherwise complies with into the United States; or standing, and subsequently enters, attempts the Federal Rules of Evidence. ‘‘(E) knowingly is unlawfully present in to enter, crosses the border to, attempts to ‘‘(e) DEFINITIONS.—In this section: the United States (as defined in section cross the border to, or is at any time found

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in the United States, shall be fined under ‘‘(h) DEFINITIONS.—For purposes of this sec- ment purporting to be a passport, with in- title 18, United States Code, imprisoned not tion and section 275, the following defini- tent that the same may be used; or more than 2 years, or both. tions shall apply: ‘‘(2) knowingly uses, or attempts to use, or ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— ‘‘(1) CROSSES THE BORDER TO THE UNITED furnishes to another for use any such false, Notwithstanding the penalty provided in STATES.—The term ‘crosses the border’ refers forged, counterfeited, mutilated, or altered subsection (a), if an alien described in that to the physical act of crossing the border, re- passport or instrument purporting to be a subsection was convicted before such regardless of whether the alien is free from of- passport, or any passport validly issued moval or departure: ficial restraint. which has become void by the occurrence of ‘‘(1) for 3 or more misdemeanors or for a ‘‘(2) FELONY.—The term ‘felony’ means any any condition therein prescribed invali- felony, the alien shall be fined under title 18, criminal offense punishable by a term of im- dating the same; United States Code, imprisoned not more prisonment of more than 1 year under the shall be fined under this title or imprisoned than 10 years, or both; laws of the United States, any State, or a not more than 15 years, or both. ‘‘(2) for a felony for which the alien was foreign government. ‘‘§ 1544. Misuse of a passport sentenced to a term of imprisonment of not ‘‘(3) MISDEMEANOR.—The term ‘mis- ‘‘Whoever knowingly— less than 30 months, the alien shall be fined demeanor’ means any criminal offense pun- ‘‘(1) uses any passport issued or designed under such title, imprisoned not more than ishable by a term of imprisonment of not for the use of another; 15 years, or both; more than 1 year under the applicable laws ‘‘(2) uses any passport in violation of the ‘‘(3) for a felony for which the alien was of the United States, any State, or a foreign conditions or restrictions therein contained, sentenced to a term of imprisonment of not government. or in violation of the laws, regulations, or less than 60 months, the alien shall be fined ‘‘(4) REMOVAL.—The term ‘removal’ in- rules governing the issuance and use of the under such title, imprisoned not more than cludes any denial of admission, exclusion, passport; 20 years, or both; deportation, or removal, or any agreement ‘‘(3) secures, possesses, uses, receives, buys, ‘‘(4) for murder, rape, kidnapping, or a fel- by which an alien stipulates or agrees to ex- sells, or distributes any passport knowing it ony offense described in chapter 77 (relating clusion, deportation, or removal. to be forged, counterfeited, altered, falsely to peonage and slavery) or 113B (relating to ‘‘(5) STATE.—The term ‘State’ means a made, procured by fraud, stolen, or produced terrorism) of such title, or for 3 or more felo- State of the United States, the District of or issued without lawful authority; or nies of any kind, the alien shall be fined Columbia, and any commonwealth, territory, ‘‘(4) violates the terms and conditions of under such title, imprisoned not more than or possession of the United States.’’. any safe conduct duly obtained and issued 25 years, or both. SEC. 3745. REFORM OF PASSPORT, VISA, AND IM- under the authority of the United States; ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— MIGRATION FRAUD OFFENSES. shall be fined under this title, imprisoned Any alien who has been denied admission, Chapter 75 of title 18, United States Code, not more than 15 years, or both. excluded, deported, or removed 3 or more is amended to read as follows: ‘‘§ 1545. Schemes to defraud aliens times and thereafter enters, attempts to ‘‘CHAPTER 75—PASSPORTS AND VISAS ‘‘Whoever inside the United States, or in or enter, crosses the border to, attempts to ‘‘Sec. affecting interstate or foreign commerce, in cross the border to, or is at any time found ‘‘1541. Issuance without authority. connection with any matter that is author- in the United States, shall be fined under ‘‘1542. False statement in application and ized by or arises under the immigration laws title 18, United States Code, imprisoned not use of passport. of the United States or any matter the of- more than 10 years, or both. ‘‘1543. Forgery or false use of passport. fender claims or represents is authorized by ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The ‘‘1544. Misuse of a passport. or arises under the immigration laws of the prior convictions described in subsection (b) ‘‘1545. Schemes to defraud aliens. United States, knowingly executes a scheme are elements of the crimes described, and the ‘‘1546. Immigration and visa fraud. or artifice— penalties in that subsection shall apply only ‘‘1547. Attempts and conspiracies. ‘‘(1) to defraud any person, or in cases in which the conviction or convic- ‘‘1548. Alternative penalties for certain of- ‘‘(2) to obtain or receive money or any- tions that form the basis for the additional fenses. thing else of value from any person by means penalty are— ‘‘1549. Definitions. of false or fraudulent pretenses, representa- ‘‘(1) alleged in the indictment or informa- ‘‘§ 1541. Issuance without authority tions, or promises; tion; and ‘‘(a) IN GENERAL.—Whoever— shall be fined under this title, imprisoned ‘‘(2) proven beyond a reasonable doubt at ‘‘(1) acting or claiming to act in any office not more than 15 years, or both. trial or admitted by the defendant. or capacity under the United States, or a ‘‘§ 1546. Immigration and visa fraud ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an State, without lawful authority grants, ‘‘Whoever knowingly— affirmative defense to a violation of this sec- issues, or verifies any passport or other in- ‘‘(1) uses any immigration document issued tion that— strument in the nature of a passport to or for or designed for the use of another; ‘‘(1) prior to the alleged violation, the alien any person; or ‘‘(2) forges, counterfeits, alters, or falsely had sought and received the express consent ‘‘(2) being a consular officer authorized to makes any immigration document; of the Secretary of Homeland Security to re- grant, issue, or verify passports, knowingly ‘‘(3) mails, prepares, presents, or signs any apply for admission into the United States; grants, issues, or verifies any such passport immigration document knowing it to con- or to or for any person not owing allegiance, to tain any materially false statement or rep- ‘‘(2) with respect to an alien previously de- the United States, whether a citizen or not; resentation; nied admission and removed, the alien— shall be fined under this title or imprisoned ‘‘(4) secures, possesses, uses, transfers, re- ‘‘(A) was not required to obtain such ad- not more than 15 years, or both. ceives, buys, sells, or distributes any immi- vance consent under the Immigration and ‘‘(b) DEFINITION.—In this section, the term gration document knowing it to be forged, Nationality Act or any prior Act; and ‘State’ means a State of the United States, counterfeited, altered, falsely made, stolen, ‘‘(B) had complied with all other laws and the District of Columbia, and any common- procured by fraud, or produced or issued regulations governing the alien’s admission wealth, territory, or possession of the United without lawful authority; into the United States. States. ‘‘(5) adopts or uses a false or fictitious ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON ‘‘§ 1542. False statement in application and name to evade or to attempt to evade the UNDERLYING REMOVAL ORDER.—In a criminal use of passport immigration laws; proceeding under this section, an alien may ‘‘(6) transfers or furnishes, without lawful not challenge the validity of any prior re- ‘‘Whoever knowingly— authority, an immigration document to an- moval order concerning the alien. ‘‘(1) makes any false statement in an application for passport with intent to induce or other person for use by a person other than ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO secure the issuance of a passport under the the person for whom the immigration docu- COMPLETION OF TERM OF IMPRISONMENT.—Any ment was issued or designed; or alien removed pursuant to section 241(a)(4) authority of the United States, either for his ‘‘(7) produces, issues, authorizes, or who enters, attempts to enter, crosses the own use or the use of another, contrary to verifies, without lawful authority, an immi- border to, attempts to cross the border to, or the laws regulating the issuance of passports gration document; is at any time found in, the United States or the rules prescribed pursuant to such laws; or shall be fined under this title, imprisoned shall be incarcerated for the remainder of not more than 15 years, or both. the sentence of imprisonment which was ‘‘(2) uses or attempts to use, or furnishes to ‘‘§ 1547. Attempts and conspiracies pending at the time of deportation without another for use any passport the issue of any reduction for parole or supervised re- which was secured in any way by reason of ‘‘Whoever attempts or conspires to violate lease unless the alien affirmatively dem- any false statement; this chapter shall be punished in the same onstrates that the Secretary of Homeland shall be fined under this title or imprisoned manner as a person who completes that vio- Security has expressly consented to the not more than 15 years, or both. lation. alien’s reentry. Such alien shall be subject to ‘‘§ 1543. Forgery or false use of passport ‘‘§ 1548. Alternative penalties for certain of- such other penalties relating to the reentry ‘‘Whoever— fenses of removed aliens as may be available under ‘‘(1) falsely makes, forges, counterfeits, ‘‘(a) TERRORISM.—Whoever violates any this section or any other provision of law. mutilates, or alters any passport or instru- section in this chapter to facilitate an act of

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AND REQUIRING DEPORTATION OF duct for which the alien was engaged con- SEX OFFENDERS FAILING TO REG- ‘‘(b) DRUG TRAFFICKING OFFENSES.—Who- ISTER. stitutes a crime involving moral turpitude.’’. ever violates any section in this chapter to EPORTABLE LIENS (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (b) D A .— facilitate a drug trafficking crime (as de- of the Immigration and Nationality Act (8 (1) GENERAL CRIMES.—Section 237(a)(2)(A) fined in section 929(a)) shall be fined under U.S.C. 1182(a)(2)(A)(i)), as amended by sec- of such Act (8 U.S.C. 1227(a)(2)(A)), as amend- this title or imprisoned not more than 20 tion 302(a) of this Act, is further amended— ed by section 320(b) of this Act, is further years, or both. (1) in subclause (II), by striking ‘‘or’’ at the amended by inserting after clause (iv) the ‘‘§ 1549. Definitions end; following: ‘‘In this chapter: (2) in subclause (III), by adding ‘‘or’’ at the ‘‘(v) CRIMES INVOLVING MORAL TURPITUDE.— ‘‘(1) An ‘application for a United States end; and If the conviction records do not conclusively passport’ includes any document, photo- (3) by inserting after subclause (III) the fol- establish whether a crime constitutes a graph, or other piece of evidence attached to lowing: crime involving moral turpitude, the Attor- or submitted in support of the application. ‘‘(IV) a violation of section 2250 of title 18, ney General may consider other evidence re- ‘‘(2) The term ‘immigration document’ United States Code (relating to failure to lated to the conviction that clearly estab- means any instrument on which is recorded, register as a sex offender);’’. lishes that the conduct for which the alien by means of letters, figures, or marks, mat- (b) DEPORTABILITY.—Section 237(a)(2) of was engaged constitutes a crime involving ters which may be used to fulfill any require- such Act (8 U.S.C. 1227(a)(2)), as amended by moral turpitude.’’. ment of the Immigration and Nationality sections 302(c) and 311(c) of this Act, is fur- (2) DOMESTIC VIOLENCE.—Section Act.’’. ther amended— 237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) is amended by adding at the end the fol- SEC. 3746. FORFEITURE. (1) in subparagraph (A), by striking clause lowing: Section 981(a)(1) of title 18, United States (v); and ‘‘(iii) CRIMES OF VIOLENCE.—If the convic- Code, is amended by adding at the end the (2) by adding at the end the following: tion records do not conclusively establish following: ‘‘(I) Any alien convicted of, or who admits whether a crime of domestic violence con- ‘‘(I) Any property, real or personal, that having committed, or who admits commit- stitutes a crime of violence (as defined in has been used to commit or facilitate the ting acts which constitute the essential ele- section 16 of title 18, United States Code), commission of a violation of chapter 75, the ments of a violation of section 2250 of title the Attorney General may consider other gross proceeds of such violation, and any 18, United States Code (relating to failure to evidence related to the conviction that property traceable to any such property or register as a sex offender) is deportable.’’. clearly establishes that the conduct for proceeds.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the which the alien was engaged constitutes a SEC. 3747. EXPEDITED REMOVAL FOR ALIENS IN- crime of violence.’’. ADMISSIBLE ON CRIMINAL OR SECU- date of the enactment of this Act and shall RITY GROUNDS. apply to acts that occur before, on, or after (c) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Section 238(b) of the Im- the date of the enactment of this Act. made by this section shall take effect on the date of the enactment of this Act and shall migration and Nationality Act (8 U.S.C. SEC. 3749. PROTECTING IMMIGRANTS FROM CON- 1228(b)) is amended– VICTED SEX OFFENDERS. apply to acts that occur before, on, or after the date of the enactment of this Act. (1) in paragraph (1)— (a) IMMIGRANTS.—Section 204(a)(1) of the (A) by striking ‘‘Attorney General’’ and in- Immigration and Nationality Act (8 U.S.C. SEC. 3751. PENALTIES FOR FAILURE TO OBEY RE- serting ‘‘Secretary of Homeland Security in 1154(a)(1)), is amended— MOVAL ORDERS. the exercise of discretion’’; and (1) in subparagraph (A), by amending (a) IN GENERAL.—Section 243(a)(1) of the (B) by striking ‘‘set forth in this subclause (viii) to read as follows: Immigration and Nationality Act (8 U.S.C. section or’’ and inserting ‘‘set forth in this ‘‘(viii) Clause (i) shall not apply to a cit- 1253(a)(1)) is amended— subsection, in lieu of removal proceedings izen of the United States who has been con- (1) by inserting ‘‘212(a) or’’ before ‘‘237(a),’’ under’’; victed of an offense described in subpara- ; and (2) in paragraph (3), by striking ‘‘paragraph graph (A), (I), or (K) of section 101(a)(43), un- (2) by striking paragraph (3). (1) until 14 calendar days’’ and inserting less the Secretary of Homeland Security, in (b) EFFECTIVE DATE.—The amendments ‘‘paragraph (1) or (3) until 7 calendar days’’; the Secretary’s sole and unreviewable discre- made by subsection (a) shall take effect on (3) by striking ‘‘Attorney General’’ each tion, determines that the citizen poses no the date of the enactment of this Act and place it appears in paragraphs (3) and (4) and risk to the alien with respect to whom a pe- shall apply to acts that are described in sub- inserting ‘‘Secretary of Homeland Security’’; tition described in clause (i) is filed.’’; and paragraphs (A) through (D) of section (4) in paragraph (5)— (2) in subparagraph (B)(i)— 243(a)(1) of the Immigration and Nationality (A) by striking ‘‘described in this section’’ (A) by redesignating the second subclause Act (8 U.S.C. 1253(a)(1)) that occur on or after and inserting ‘‘described in paragraph (1) or (I) as subclause (II); and the date of the enactment of this Act. (2)’’; and (B) by amending such subclause (II) to read SEC. 3752. PARDONS. (B) by striking ‘‘the Attorney General may as follows: (a) DEFINITION.—Section 101(a) of the Im- grant in the Attorney General’s discretion’’ ‘‘(II) Subclause (I) shall not apply in the migration and Nationality Act (8 U.S.C. and inserting ‘‘the Secretary of Homeland case of an alien admitted for permanent resi- 1101(a)), as amended by section 311(a) of this Security or the Attorney General may grant, dence who has been convicted of an offense Act, is further amended by adding at the end in the discretion of the Secretary or Attor- described in subparagraph (A), (I), or (K) of the following: ney General, in any proceeding’’; section 101(a)(43), unless the Secretary of ‘‘(54) The term ‘pardon’ means a full and (5) by redesignating paragraphs (3), (4), and Homeland Security, in the Secretary’s sole unconditional pardon granted by the Presi- (5) as paragraphs (4), (5), and (6), respec- and unreviewable discretion, determines that dent of the United States, Governor of any of tively; and the alien lawfully admitted for permanent the several States or constitutionally recog- (6) by inserting after paragraph (2) the fol- residence poses no risk to the alien with re- nized body.’’. lowing new paragraph: spect to whom a petition described in sub- (b) DEPORTABILITY.—Section 237(a) of such ‘‘(3) The Secretary of Homeland Security clause (I) is filed.’’. Act (8 U.S.C. 1227(a)) is amended— in the exercise of discretion may determine (b) NONIMMIGRANTS.—Section 101(a)(15)(K) (1) in paragraph (2)(A), by striking clause inadmissibility under section 212(a)(2) (relat- of such Act (8 U.S.C. 1101(a)(15)(K)), is (vi); and ing to criminal offenses) and issue an order amended by striking ‘‘204(a)(1)(A)(viii)(I))’’ (2) by adding at the end the following: of removal pursuant to the procedures set each place such term appears and inserting ‘‘(8) PARDONS.— forth in this subsection, in lieu of removal ‘‘204(a)(1)(A)(viii))’’. ‘‘(A) IN GENERAL.—In the case of an alien proceedings under section 240, with respect (c) EFFECTIVE DATE.—The amendments who has been convicted of a crime and is sub- to an alien who made by this section shall take effect on the ject to removal due to that conviction, if the ‘‘(A) has not been admitted or paroled; date of the enactment of this Act and shall alien, subsequent to receiving the criminal ‘‘(B) has not been found to have a credible apply to petitions filed on or after such date. conviction, is granted a pardon, the alien fear of persecution pursuant to the proce- SEC. 3750. CLARIFICATION TO CRIMES OF VIO- shall not be deportable by reason of that dures set forth in section 235(b)(1)(B); and LENCE AND CRIMES INVOLVING criminal conviction. ‘‘(C) is not eligible for a waiver of inadmis- MORAL TURPITUDE. ‘‘(B) EXCEPTION.—Subparagraph (A) shall sibility or relief from removal.’’. (a) INADMISSIBLE ALIENS.—Section not apply in the case of an alien granted a (b) EFFECTIVE DATE.—The amendments 212(a)(2)(A) of the Immigration and Nation- pardon if the pardon is granted in whole or made by subsection (a) shall take effect on ality Act (8 U.S.C. 1182(a)(2)(A)) is amended in part to eliminate that alien’s condition of the date of the enactment of this Act but by adding at the end the following: deportability.’’. shall not apply to aliens who are in removal ‘‘(iii) CLARIFICATION.—If the conviction (c) EFFECTIVE DATE.—The amendments proceedings under section 240 of the Immi- records do not conclusively establish wheth- made by this section shall take effect on the gration and Nationality Act as of such date. er a crime constitutes a crime involving date of the enactment of this Act and shall

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apply to a pardon granted before, on, or after (c) APPOINTMENT.—Members shall to be ap- (3) set the date the alien is required to ap- such date. pointed in the following manner: pear before an immigration judge, in the CHAPTER 4—AID TO U.S. IMMIGRATION (1) One member shall be appointed by the case of Notices to Appear; AND CUSTOMS ENFORCEMENT OFFICERS President; (4) print any documents the alien subject (2) One member shall be appointed by the may be required to sign, along with addi- SEC. 3761. ICE IMMIGRATION ENFORCEMENT AGENTS. Chairman of the Judiciary Committee of the tional copies of documents to be served on (a) IN GENERAL.—The Secretary shall au- House of Representatives; the alien; and thorize all immigration enforcement agents (3) One member shall be appointed by the (5) interface with the ENFORCE database and deportation officers of the Department Chairman of the Judiciary Committee of the so that all data is stored and retrievable. who have successfully completed basic immi- Senate; (c) CONSTRUCTION.—The pilot program de- gration law enforcement training to exercise (4) One member shall be appointed by the scribed in subsection (a) shall be designed to the powers conferred by— Local 511, the ICE prosecutor’s union; and replace, to the extent possible, the current (1) section 287(a)(5)(A) of the Immigration (5) Three members shall be appointed by paperwork and data-entry process used for and Nationality Act to arrest for any offense the National Immigration and Customs En- issuing such charging documents and detain- against the United States; forcement Council. ers. (2) section 287(a)(5)(B) of such Act to arrest (d) TERM.—Members shall serve renewable, (d) DEADLINE.—The Secretary shall initiate for any felony; 2-year terms. the pilot program described in subsection (a) (3) section 274(a) of such Act to arrest for (e) VOLUNTARY.—Membership shall be vol- within 6 months of the date of enactment of bringing in, transporting, or harboring cer- untary and non-remunerated, except that this Act. (e) REPORT.—The Government Account- tain aliens, or inducing them to enter; members will receive reimbursement from ability Office shall report to the Judiciary (4) section 287(a) of such Act to execute the Secretary for travel and other related ex- Committee of the Senate and the House of warrants of arrest for administrative immi- penses. Representatives no later than 18 months gration violations issued under section 236 of (f) RETALIATION PROTECTION.—Members after the date of enactment of this Act on the Act or to execute warrants of criminal who are employed by the Secretary shall be the effectiveness of the pilot program and arrest issued under the authority of the protected from retaliation by their super- provide recommendations for improving it. United States; and visors, managers, and other Department em- (f) ADVISORY COUNCIL.—The ICE Advisory (5) section 287(a) of such Act to carry fire- ployees for their participation on the Coun- Council established by section 3764 shall in- arms, provided that they are individually cil. clude an recommendations on how the pilot qualified by training and experience to han- (g) PURPOSE.—The purpose of the Council program should work in the first quarterly dle and safely operate the firearms they are is to advise Congress and the Secretary on report of the Council, and shall include as- permitted to carry, maintain proficiency in issues including the following: sessments of the program and recommenda- the use of such firearms, and adhere to the (1) The current status of immigration en- tions for improvement in each subsequent re- provisions of the enforcement standard gov- forcement efforts, including prosecutions port. erning the use of force. and removals, the effectiveness of such ef- (g) EFFECTIVE DATE.—This section shall (b) PAY.—Immigration enforcement agents forts, and how enforcement could be im- take effect 180 days after the date of the en- shall be paid on the same scale as Immigra- proved; actment of this Act. tion and Customs Enforcement deportation (2) The effectiveness of cooperative efforts officers and shall receive the same benefits. between the Secretary and other law en- SEC. 3766. ADDITIONAL ICE DEPORTATION OFFI- CERS AND SUPPORT STAFF. SEC. 3762. ICE DETENTION ENFORCEMENT OFFI- forcement agencies, including additional (a) IN GENERAL.—The Secretary shall, sub- CERS. types of enforcement activities that the Sec- ject to the availability of appropriations for (a) AUTHORIZATION.—The Secretary is au- retary should be engaged in, such as State such purpose, increase the number of posi- thorized to hire 2,500 Immigration and Cus- and local criminal task forces; tions for full-time active-duty Immigration toms Enforcement detention enforcement of- (3) Personnel, equipment, and other re- and Customs Enforcement deportation offi- ficers. source needs of field personnel; cers by 5,000 above the number of full-time (b) DUTIES.—Immigration and Customs En- (4) Improvements that should be made to positions for which funds were appropriated forcement detention enforcement officers the organizational structure of the Depart- for fiscal year 2013. who have successfully completed detention ment, including whether the position of im- (b) SUPPORT STAFF.—The Secretary shall, enforcement officers’ basic training shall be migration enforcement agent should be subject to the availability of appropriations responsible for— merged into the deportation officer position; for such purpose, increase the number of po- (1) taking and maintaining custody of any and sitions for full-time support staff for Immi- person who has been arrested by an immigra- (5) The effectiveness of specific enforce- gration and Customs Enforcement deportation officer; ment policies and regulations promulgated tion officers by 700 above the number of full- (2) transporting and guarding immigration by the Secretary, and whether other enforce- time positions for which funds were appro- detainees; ment priorities should be considered. priated for fiscal year 2013. (3) securing Department detention facili- (h) REPORTS.—The Council shall provide ties; and quarterly reports to the Chairmen and Rank- SEC. 3767. ADDITIONAL ICE PROSECUTORS. (4) assisting in the processing of detainees. ing Members of the Judiciary Committees of The Secretary shall increase by 60 the number of full-time trial attorneys working SEC. 3763. ENSURING THE SAFETY OF ICE OFFI- the Senate and the House of Representatives CERS AND AGENTS. and to the Secretary. The Council members for the Immigration and Customs Enforce- ment Office of the Principal Legal Advisor. (a) BODY ARMOR.—The Secretary shall en- shall meet directly with the Chairmen and sure that every Immigration and Customs Ranking Members (or their designated rep- CHAPTER 5—MISCELLANEOUS Enforcement deportation officer and immi- resentatives) and with the Secretary to dis- ENFORCEMENT PROVISIONS gration enforcement agent on duty is issued cuss their reports every 6 months. SEC. 3771. ENCOURAGING ALIENS TO DEPART high-quality body armor that is appropriate SEC. 3765. PILOT PROGRAM FOR ELECTRONIC VOLUNTARILY. for the climate and risks faced by the agent. FIELD PROCESSING. (a) IN GENERAL.—Section 240B of the Immi- Enough body armor must be purchased to (a) IN GENERAL.—The Secretary shall es- gration and Nationality Act (8 U.S.C. 1229c) cover every agent in the field. tablish a pilot program in at least five of the is amended— (b) WEAPONS.—Such Secretary shall ensure 10 Immigration and Customs Enforcement (1) in subsection (a)— that Immigration and Customs Enforcement field offices with the largest removal case- (A) by amending paragraph (1) to read as deportation officers and immigration en- loads to allow Immigration and Customs de- follows: forcement agents are equipped with weapons portation officers and immigration enforce- ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If that are reliable and effective to protect ment agents to— an alien is not described in paragraph themselves, their fellow agents, and innocent (1) electronically process and serve charg- (2)(A)(iii) or (4) of section 237(a), the Sec- third parties from the threats posed by ing documents, including Notices to Appear, retary of Homeland Security may permit the armed criminals. Such weapons shall in- while in the field; and alien to voluntarily depart the United States clude, at a minimum, standard-issue hand- (2) electronically process and place detain- at the alien’s own expense under this sub- guns, M–4 (or equivalent) rifles, and Tasers. ers while in the field. section instead of being subject to pro- (c) EFFECTIVE DATE.—This section shall (b) DUTIES.—The pilot program described ceedings under section 240.’’; take effect 90 days after the date of the en- in subsection (a) shall be designed to allow (B) by striking paragraph (3); actment of this Act. deportation officers and immigration en- (C) by redesignating paragraph (2) as para- SEC. 3764. ICE ADVISORY COUNCIL. forcement agents to use handheld or vehicle- graph (3); (a) ESTABLISHMENT.—An ICE Advisory mounted computers to— (D) by adding after paragraph (1) the fol- Council shall be established not later than 3 (1) enter any required data, including per- lowing: months after the date of the enactment of sonal information about the alien subject ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL this Act. and the reason for issuing the document; PROCEEDINGS.—If an alien is not described in (b) MEMBERSHIP.—The ICE Advisory Coun- (2) apply the electronic signature of the paragraph (2)(A)(iii) or (4) of section 237(a), cil shall be comprised of 7 members. issuing officer or agent; the Attorney General may permit the alien

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The immigration judge shall advise the country to which the alien would be re- the alien’s own expense under this sub- the alien of the consequences of a voluntary moved; and section after the initiation of removal pro- departure agreement before accepting such ‘‘(B) makes a sufficient showing to the sat- ceedings under section 240 and before the agreement. isfaction of the Attorney General that the conclusion of such proceedings before an im- ‘‘(4) FAILURE TO COMPLY WITH AGREEMENT.— alien is otherwise eligible for such protec- migration judge.’’; ‘‘(A) IN GENERAL.—If an alien agrees to vol- tion.’’; and (E) in paragraph (3), as redesignated— untary departure under this section and fails (5) by amending subsection (e) to read as (i) by amending subparagraph (A) to read to depart the United States within the time follows: as follows: allowed for voluntary departure or fails to ‘‘(e) ELIGIBILITY.— ‘‘(A) INSTEAD OF REMOVAL.—Subject to sub- comply with any other terms of the agree- ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR- paragraph (C), permission to voluntarily de- ment (including failure to timely post any TURE.—An alien shall not be permitted to part under paragraph (1) shall not be valid required bond), the alien is— voluntarily depart under this section if the for any period in excess of 120 days. The Sec- ‘‘(i) ineligible for the benefits of the agree- Secretary of Homeland Security or the At- retary may require an alien permitted to ment; torney General previously permitted the voluntarily depart under paragraph (1) to ‘‘(ii) subject to the penalties described in alien to depart voluntarily. post a voluntary departure bond, to be sur- subsection (d); and ‘‘(2) RULEMAKING.—The Secretary may pro- rendered upon proof that the alien has de- ‘‘(iii) subject to an alternate order of re- mulgate regulations to limit eligibility or parted the United States within the time moval if voluntary departure was granted impose additional conditions for voluntary specified.’’; under subsection (a)(2) or (b). departure under subsection (a)(1) for any (ii) by redesignating subparagraphs (B), ‘‘(B) EFFECT OF FILING TIMELY APPEAL.—If, class of aliens. The Secretary or Attorney (C), and (D) as paragraphs (C), (D), and (E), after agreeing to voluntary departure, the General may by regulation limit eligibility respectively; alien files a timely appeal of the immigra- or impose additional conditions for vol- (iii) by adding after subparagraph (A) the tion judge’s decision granting voluntary de- untary departure under subsections (a)(2) or following: parture, the alien may pursue the appeal in- (b) of this section for any class or classes of ‘‘(B) BEFORE THE CONCLUSION OF REMOVAL stead of the voluntary departure agreement. aliens.’’. PROCEEDINGS.—Permission to voluntarily de- Such appeal operates to void the alien’s vol- (6) in subsection (f), by adding at the end part under paragraph (2) shall not be valid untary departure agreement and the con- the following: ‘‘Notwithstanding section for any period in excess of 60 days, and may sequences of such agreement, but precludes 242(a)(2)(D) of this Act, sections 1361, 1651, be granted only after a finding that the alien the alien from another grant of voluntary and 2241 of title 28, United States Code, any has the means to depart the United States departure while the alien remains in the other habeas corpus provision, and any other and intends to do so. An alien permitted to United States. provision of law (statutory or nonstatutory), voluntarily depart under paragraph (2) shall ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF- no court shall have jurisdiction to affect, re- post a voluntary departure bond, in an FECTED.—Except as expressly agreed to by instate, enjoin, delay, stay, or toll the period amount necessary to ensure that the alien the Secretary in writing in the exercise of allowed for voluntary departure under this will depart, to be surrendered upon proof the Secretary’s discretion before the expira- section.’’. that the alien has departed the United tion of the period allowed for voluntary de- (b) RULEMAKING.—The Secretary shall States within the time specified. An immi- parture, no motion, appeal, application, peti- within one year of the date of enactment of gration judge may waive the requirement to tion, or petition for review shall affect, rein- this Act promulgate regulations to provide post a voluntary departure bond in indi- state, enjoin, delay, stay, or toll the alien’s for the imposition and collection of penalties vidual cases upon a finding that the alien obligation to depart from the United States for failure to depart under section 240B(d) of has presented compelling evidence that the during the period agreed to by the alien and the Immigration and Nationality Act (8 posting of a bond will pose a serious finan- the Secretary.’’; U.S.C. 1229c(d)). cial hardship and the alien has presented (4) by amending subsection (d) to read as (c) EFFECTIVE DATES.— credible evidence that such a bond is unnec- follows: (1) IN GENERAL.—Except as provided in essary to guarantee timely departure.’’. ‘‘(d) PENALTIES FOR FAILURE TO DEPART.— paragraph (2), the amendments made by this (iv) in subparagraph (C), as redesignated, If an alien is permitted to voluntarily depart section shall apply with respect to all orders by striking ‘‘subparagraphs (C) and(D)(ii)’’ under this section and fails to voluntarily granting voluntary departure under section and inserting ‘‘subparagraphs (D) and depart from the United States within the 240B of the Immigration and Nationality Act (E)(ii)’’; time period specified or otherwise violates (8 U.S.C. 1229c) made on or after the date (v) in subparagraph (D), as redesignated, by the terms of a voluntary departure agree- that is 180 days after the enactment of this striking ‘‘subparagraph (B)’’ each place that ment, the alien will be subject to the fol- Act. lowing penalties: term appears and inserting ‘‘subparagraph (2) EXCEPTION.—The amendment made by (C)’’; ‘‘(1) CIVIL PENALTY.—The alien shall be lia- subsection (a)(6) shall take effect on the date (vi) in subparagraph (E), as redesignated, ble for a civil penalty of $3,000. The order al- of the enactment of this Act and shall apply by striking ‘‘subparagraph (B)’’ each place lowing voluntary departure shall specify the with respect to any petition for review which that term appears and inserting ‘‘subpara- amount of the penalty, which shall be ac- is filed on or after such date. knowledged by the alien on the record. If the graph (C)’’; SEC. 3772. DETERRING ALIENS ORDERED RE- (F) in paragraph (4), by striking ‘‘para- Secretary thereafter establishes that the MOVED FROM REMAINING IN THE graph (1)’’ and inserting ‘‘paragraphs (1) and alien failed to depart voluntarily within the UNITED STATES UNLAWFULLY. (2)’’; time allowed, no further procedure will be (a) INADMISSIBLE ALIENS.—Section (2) in subsection (b)(2), by striking ‘‘a pe- necessary to establish the amount of the 212(a)(9)(A) of the Immigration and Nation- riod exceeding 60 days’’ and inserting ‘‘any penalty, and the Secretary may collect the ality Act (8 U.S.C. 1182(a)(9)(A)) is amended— period in excess of 45 days’’; civil penalty at any time thereafter and by (1) in clause (i), by striking ‘‘seeks admis- (3) by amending subsection (c) to read as whatever means provided by law. An alien sion within 5 years of the date of such re- follows: will be ineligible for any benefits under this moval (or within 20 years’’ and inserting ‘‘(c) CONDITIONS ON VOLUNTARY DEPAR- chapter until this civil penalty is paid. ‘‘seeks admission not later than 5 years after TURE.— ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien the date of the alien’s removal (or not later ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— shall be ineligible during the time the alien than 20 years after the alien’s removal’’; and Voluntary departure may only be granted as remains in the United States and for a period (2) in clause (ii), by striking ‘‘seeks admis- part of an affirmative agreement by the of 10 years after the alien’s departure for any sion within 10 years of the date of such alien. A voluntary departure agreement further relief under this section and sections alien’s departure or removal (or within 20 under subsection (b) shall include a waiver of 240A, 245, 248, and 249. The order permitting years of’’ and inserting ‘‘seeks admission not the right to any further motion, appeal, ap- the alien to depart voluntarily shall inform later than 10 years after the date of the plication, petition, or petition for review re- the alien of the penalties under this sub- alien’s departure or removal (or not later lating to removal or relief or protection section. than 20 years after’’. from removal. ‘‘(3) REOPENING.—The alien shall be ineli- (b) BAR ON DISCRETIONARY RELIEF.—Sec- ‘‘(2) CONCESSIONS BY THE SECRETARY.—In gible to reopen the final order of removal tion 274D of such Act (8 U.S.C. 324d) is connection with the alien’s agreement to de- that took effect upon the alien’s failure to amended— part voluntarily under paragraph (1), the depart, or upon the alien’s other violations (1) in subsection (a), by striking ‘‘Commis- Secretary of Homeland Security may agree of the conditions for voluntary departure, sioner’’ and inserting ‘‘Secretary of Home- to a reduction in the period of inadmis- during the period described in paragraph (2). land Security’’; and sibility under subparagraph (A) or (B)(i) of This paragraph does not preclude a motion (2) by adding at the end the following: section 212(a)(9). to reopen to seek withholding of removal ‘‘(c) INELIGIBILITY FOR RELIEF.— ‘‘(3) ADVISALS.—Agreements relating to under section 241(b)(3) or protection against ‘‘(1) IN GENERAL.—Unless a timely motion voluntary departure granted during removal torture, if the motion— to reopen is granted under section 240(c)(6), proceedings under section 240, or at the con- ‘‘(A) presents material evidence of changed an alien described in subsection (a) shall be clusion of such proceedings, shall be pre- country conditions arising after the date of ineligible for any discretionary relief from sented on the record before the immigration the order granting voluntary departure in removal (including cancellation of removal

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REPORTS TO CONGRESS ON THE EXER- Section 222 (8 U.S.C. 1202), as amended by 241(b)(3) or protection against torture, if the CISE AND ABUSE OF PROSECU- section 4410, is further amended by adding at the end the following: motion— TORIAL DISCRETION. ‘‘(j) REQUIRING HEIGHTENED SCRUTINY OF ‘‘(A) presents material evidence of changed (a) IN GENERAL.—Not later than 180 days APPLICATIONS FOR ADMISSION FROM PERSONS country conditions arising after the date of after the end of each fiscal year, the Sec- LISTED ON TERRORIST DATABASES.— the final order of removal in the country to retary and the Attorney General shall each ‘‘(1) REQUIREMENT FOR BIOGRAPHIC AND BIO- which the alien would be removed; and provide to the Committees on the Judiciary METRIC SCREENING.—Notwithstanding any ‘‘(B) makes a sufficient showing to the sat- of the House of Representatives and of the Senate a report on the following: other provision of this Act, the Secretary of isfaction of the Attorney General that the (1) Aliens apprehended or arrested by State State shall require every alien applying for alien is otherwise eligible for such protec- or local law enforcement agencies who were admission to the United States to submit to tion.’’. identified by the Department in the previous biographic and biometric screening to deter- (c) EFFECTIVE DATES.—The amendments fiscal year and for whom the Department did mine whether the alien’s name or biometric made by this section shall take effect on the not issue detainers and did not take into cus- information is listed in any terrorist watch date of the enactment of this Act with re- tody despite the Department’s findings that list or database maintained by any agency or spect to aliens who are subject to a final the aliens were inadmissible or deportable. department of the United States. order of removal entered before, on, or after (2) Aliens who were applicants for admis- ‘‘(2) EXCLUSIONS.—No alien applying for a such date. sion in the previous fiscal year but not clear- visa to the United States shall be granted SEC. 3773. REINSTATEMENT OF REMOVAL OR- ly and beyond a doubt entitled to be admit- such visa by a consular officer if the alien’s DERS. ted by an immigration officer and who were name or biometric information is listed in (a) IN GENERAL.—Section 241(a)(5) of the not detained as required pursuant to section any terrorist watch list or database referred Immigration and Nationality Act (8 U.S.C. 235(b)(2)(A) of the Immigration and Nation- to in paragraph (1) unless— 1231(a)(5)) is amended to read as follows: ality Act (8 U.S.C. 1225(b)(2)(A)). ‘‘(A) screening of the alien’s visa applica- ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS (3) Aliens who in the previous fiscal year tion against interagency counterterrorism AGAINST ALIENS ILLEGALLY REENTERING.—If were found by Department officials per- screening systems which compare the appli- the Secretary of Homeland Security finds forming duties related to the adjudication of cant’s information against data in all that an alien has entered the United States applications for immigration benefits or the counterterrorism watch lists and databases illegally after having been removed, de- enforcement of the immigration laws to be reveals no potentially pertinent links to ter- ported, or excluded or having departed vol- inadmissible or deportable who were not rorism; untarily, under an order of removal, deporta- issued notices to appear pursuant to section ‘‘(B) the consular officer submits the appli- tion, or exclusion, regardless of the date of 239 of such Act (8 U.S.C. 1229) or placed into cation for further review to the Secretary of the original order or the date of the illegal removal proceedings pursuant to section 240 State and the heads of other relevant agen- entry— (8 U.S.C. 1229a), unless the aliens were placed cies, including the Secretary of Homeland ‘‘(A) the order of removal, deportation, or into expedited removal proceedings pursuant Security and the Director of National Intel- exclusion is reinstated from its original date to section 235(b)(1)(A)(i) (8 U.S.C. ligence; and and is not subject to being reopened or re- 1225(b)(1)(A)(5)) or section 238 (8 U.S.C. 1228), ‘‘(C) the Secretary of State, after consulta- viewed notwithstanding section 242(a)(2)(D); were granted voluntary departure pursuant tion with the Secretary of Homeland Secu- ‘‘(B) the alien is not eligible and may not to section 240B, were granted relief from re- rity, the Director of National Intelligence, apply for any relief under this Act, regard- moval pursuant to statute, were granted and the heads of other relevant agencies, cer- less of the date that an application or re- legal nonimmigrant or immigrant status tifies that the alien is admissible to the quest for such relief may have been filed or pursuant to statute, or were determined not United States.’’. made; and to be inadmissible or deportable. Section 4412 is amended by striking ‘‘Sec- ‘‘(C) the alien shall be removed under the (4) Aliens issued notices to appear that tion 428’’ and insert the following: order of removal, deportation, or exclusion were cancelled in the previous fiscal year de- (a) AUTHORITY OF THE SECRETARY OF HOME- at any time after the illegal entry. spite the Department’s findings that the LAND SECURITY AND THE SECRETARY OF Reinstatement under this paragraph shall aliens were inadmissible or deportable, un- STATE.— not require proceedings under section 240 or less the aliens were granted relief from re- (1) IN GENERAL.—Section 428 of the Home- other proceedings before an immigration moval pursuant to statute, were granted vol- land Security Act of 2002 (6 U.S.C. 236) is judge’’. untary departure pursuant to section 240B of amended by striking subsections (b) and (c) (b) JUDICIAL REVIEW.—Section 242 of the such Act (8 U.S.C. 1229c), or were granted and inserting the following: Immigration and Nationality Act (8 U.S.C. legal nonimmigrant or immigrant status ‘‘(b) AUTHORITY OF THE SECRETARY OF 1252) is amended by adding at the end the fol- pursuant to statute. HOMELAND SECURITY.— lowing: (5) Aliens who were placed into removal ‘‘(1) IN GENERAL.—Notwithstanding section ‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT proceedings, whose removal proceedings 104(a) of the Immigration and Nationality UNDER SECTION 241(A)(5).— were terminated in the previous fiscal year Act (8 U.S.C. 1104(a)) or any other provision ‘‘(1) REVIEW OF REINSTATEMENT.—Judicial prior to their conclusion, unless the aliens of law, and except as provided in subsection review of determinations under section were granted relief from removal pursuant to (c) and except for the authority of the Sec- 241(a)(5) is available in an action under sub- statute, were granted voluntary departure retary of State under subparagraphs (A) and section (a). pursuant to section 240B, were granted legal (G) of section 101(a)(15) of the Immigration ‘‘(2) NO REVIEW OF ORIGINAL ORDER.—Not- nonimmigrant or immigrant status pursuant and Nationality Act (8 U.S.C. 1101(a)(15)), the withstanding any other provision of law to statute, or were determined not to be in- Secretary— (statutory or nonstatutory), including sec- admissible or deportable. ‘‘(A) shall have exclusive authority to tion 2241 of title 28, United States Code, any (6) Aliens granted parole pursuant to sec- issue regulations, establish policy, and ad- other habeas corpus provision, or sections tion 212(d)(5)(A) of such Act (8 U.S.C. minister and enforce the provisions of the 1361 and 1651 of such title, no court shall 1182(d)(5)(A)). Immigration and Nationality Act (8 U.S.C. have jurisdiction to review any cause or (7) Aliens granted deferred action, ex- 1101 et seq.) and all other immigration or na- claim, arising from, or relating to, any chal- tended voluntary departure or any other tionality laws relating to the functions of lenge to the original order.’’. type of relief from removal not specified in consular officers of the United States in con- (c) EFFECTIVE DATE.—The amendments the Immigration and Nationality Act or nection with the granting and refusal of a made by subsections (a) and (b) shall take ef- where determined not to be inadmissible or visa; and fect as if enacted on April 1, 1997, and shall deportable. ‘‘(B) may refuse or revoke any visa to any apply to all orders reinstated or after that (b) CONTENTS OF REPORT.—The report shall alien or class of aliens if the Secretary, or date by the Secretary (or by the Attorney include a listing of each alien described in designee, determines that such refusal or General prior to March 1, 2003), regardless of each paragraph of subsection (a), including revocation is necessary or advisable in the the date of the original order. when in the possession of the Department security interests of the United States. SEC. 3774. CLARIFICATION WITH RESPECT TO their names, fingerprint identification num- ‘‘(2) EFFECT OF REVOCATION.—The revoca- DEFINITION OF ADMISSION. bers, alien registration numbers, and reason tion of any visa under paragraph (1)(B)— Section 101(a)(13)(A) of the Immigration why each was granted the type of prosecu- ‘‘(A) shall take effect immediately; and and Nationality Act (8 U.S.C. 1101(a)(13)(A)) torial discretion received. The report shall ‘‘(B) shall automatically cancel any other is amended by adding at the end the fol- also include current criminal histories on valid visa that is in the alien’s possession. lowing: ‘‘An alien’s adjustment of status to each alien from the Federal Bureau of Inves- ‘‘(3) JUDICIAL REVIEW.—Notwithstanding that of lawful permanent resident status tigation. any other provision of law, including section

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.029 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5073 2241 of title 28, United States Code, or any ‘‘(C) with regard to any or all aliens in the this section, the Secretary of Homeland Se- other habeas corpus provision, and sections database specified data elements from each curity shall assign personnel to the visa- 1361 and 1651 of such title, no court shall record, if the Secretary of State determines issuing posts referenced in section 428(i) of have jurisdiction to review a decision by the that it is in the national interest to provide the Homeland Security Act of 2002 (6 U.S.C. Secretary of Homeland Security to refuse or such information to a foreign government.’’. 236(i)), as amended by this section, and com- revoke a visa, and no court shall have juris- (b) EFFECTIVE DATE.—The amendments municate such assignments to the Secretary diction to hear any claim arising from, or made by subsection (a) shall take effect 60 of State. any challenge to, such a refusal or revoca- days after the date of the enactment of the (c) APPROPRIATIONS.—There is authorized tion. Act. to be appropriated $60,000,000 for each of the ‘‘(c) AUTHORITY OF THE SECRETARY OF SEC. 4420. AUTHORIZING THE DEPARTMENT OF fiscal years 2014 and 2015, which shall be used STATE.— STATE TO NOT INTERVIEW CERTAIN to expedite the implementation of section ‘‘(1) IN GENERAL.—The Secretary of State INELIGIBLE VISA APPLICANTS. 428(i) of the Homeland Security Act, as may direct a consular officer to refuse a visa (a) IN GENERAL.—Section 222(h)(1) (8 U.S.C. amended by this section. requested by an alien if the Secretary of 1202(h)(1)) is amended by inserting ‘‘ the SEC. 4423. EXPEDITED CLEARANCE AND PLACE- State determines such refusal to be nec- alien is determined by the Secretary of State MENT OF DEPARTMENT OF HOME- to be ineligible for a visa based upon review LAND SECURITY PERSONNEL AT essary or advisable in the interests of the OVERSEAS EMBASSIES AND CON- United States. of the application or’’ after ‘‘unless’’. (b) GUIDANCE.—Not later than 90 days after SULAR POSTS. ‘‘(2) LIMITATION.—No decision by the Sec- the date of the enactment of this Act, the Section 428 of the Homeland Security Act retary of State to approve a visa may over- Secretary of State shall issue guidance to of 2002 (6 U.S.C. 236) is amended by adding at ride a decision by the Secretary of Homeland consular officers on the standards and proc- the end the following: Security under subsection (b).’’. ‘‘(j) EXPEDITED CLEARANCE AND PLACEMENT esses for implementing the authority to deny (2) CONFORMING AMENDMENT.—Section OF DEPARTMENT OF HOMELAND SECURITY PER- visa applications without interview in cases 237(a)(1)(B) (8 U.S.C. 1227(a)(1)(B)) is amended SONNEL AT OVERSEAS EMBASSIES AND CON- where the alien is determined by the Sec- by striking ‘‘under section 221(i)’’. SULAR POSTS.—Notwithstanding any other retary of State to be ineligible for a visa (3) EFFECTIVE DATE.—The amendment provision of law, and the processes set forth based upon review of the application. made by paragraph (1) shall take effect on in National Security Defense Directive 38 (c) REPORTS.—Not less frequently than the date of the enactment of this Act and once each quarter, the Secretary of State (dated June 2, 1982) or any successor Direc- shall apply to visa refusals and revocations shall submit to the Congress a report on the tive, the Chief of Mission of a post to which the Secretary of Homeland Security has as- occurring before, on, or after such date. denial of visa applications without inter- signed personnel under subsection (e) or (i) (b) TECHNICAL CORRECTIONS TO THE HOME- view, including— shall ensure, not later than one year after LAND SECURITY ACT.—Section 428(a) of the (1) the number of such denials; and the date on which the Secretary of Homeland Homeland Security Act of 2002 (6 U.S.C. 236) (2) a post-by-post breakdown of such deni- Security communicates such assignment to is amended by— als. (1) striking ‘‘subsection’’ and inserting the Secretary of State, that such personnel SEC. 4421. FUNDING FOR THE VISA SECURITY ‘‘section’’; and have been stationed and accommodated at PROGRAM. post and are able to carry out their duties.’’. (2) striking ‘‘consular office’’ and inserting (a) IN GENERAL.—The Department of State ‘‘consular officer’’. and Related Agency Appropriations Act, 2005 SEC. 4424. INCREASED CRIMINAL PENALTIES FOR STUDENT VISA INTEGRITY. (c) VISA REVOCATION INFORMATION.—Sec- (title IV of division B of Public Law 108-447) tion 428 Section 1546 of title 18, United States Code, is amended, in the fourth paragraph under is amended by striking ‘‘10 years’’ and in- At the end of subtitle D of title IV, add the the heading ‘‘Diplomatic and Consular Pro- serting ‘‘15 years (if the offense was com- following: grams’’, by striking ‘‘Beginning’’ through mitted by an owner, official, or employee of SEC. 4418. CANCELLATION OF ADDITIONAL VISAS. the period at the end and inserting the fol- an educational institution with respect to (a) IN GENERAL.—Section 222(g) (8 U.S.C. lowing: ‘‘Beginning in fiscal year 2005 and such institution’s participation in the Stu- 1202(g)) is amended— thereafter, the Secretary of State is author- dent and exchange Visitor Program), 10 (1) in paragraph (1)— ized to charge surcharges related to consular years’’. services in support of enhanced border secu- (A) by striking ‘‘Attorney General’’ and in- SEC. 4425. VISA FRAUD. rity that are in addition to the immigrant serting ‘‘Secretary’’; and (a) TEMPORARY SUSPENSION OF SEVIS AC- visa fees in effect on January 1, 2004: Pro- (B) by inserting ‘‘and any other non- CESS.—Section 641(d) of the Illegal Immigra- immigrant visa issued by the United States vided, That funds collected pursuant to this tion Reform and Immigrant Responsibility that is in the possession of the alien’’ after authority shall be credited to the appropria- Act of 1996 (8 U.S.C. 1372(d)) is amended— ‘‘such visa’’; and tion for U.S. Immigration and Customs En- (1) in paragraph (1)(A), by striking ‘‘insti- (2) in paragraph (2)(A), by striking ‘‘(other forcement for the fiscal year in which the tution,,’’ and inserting ‘‘institution,’’; and than the visa described in paragraph (1)) fees were collected, and shall be available (2) by adding at the end the following: until expended for the funding of the Visa issued in a consular office located in the ‘‘(3) EFFECT OF REASONABLE SUSPICION OF Security Program established by the Sec- country of the alien’s nationality’’ and in- FRAUD.—If the Secretary of Homeland Secu- retary of Homeland Security under section serting ‘‘(other than a visa described in para- rity has reasonable suspicion that an owner 428(e) of the Homeland Security Act of 2002 graph (1)) issued in a consular office located of, or a designated school official at, an ap- (Public Law 107–296): Provided further, That in the country of the alien’s nationality or proved institution of higher education, an such surcharges shall be 10 percent of the fee foreign residence’’. other approved educational institution, or a assessed on immigrant visa applications.’’. (b) EFFECTIVE DATE.—The amendment designated exchange visitor program has (b) REPAYMENT OF APPROPRIATED FUNDS.— made by subsection (a) shall take effect on committed fraud or attempted to commit the date of the enactment of this Act and Twenty percent of the funds collected each fiscal year under the heading ‘‘Diplomatic fraud relating to any aspect of the Student shall apply to a visa issued before, on, or and Exchange Visitor Program, the Sec- after such date. and Consular Programs’’ in the Department of State and Related Agency Appropriations retary may immediately suspend, without SEC. 4419. VISA INFORMATION SHARING. Act, 2005 (title IV of division B of Public Law notice, such official’s or such school’s access (a) IN GENERAL.—Section 222(f) (8 U.S.C. 108-447), as amended by subsection (a), shall to the Student and Exchange Visitor Infor- 1202(f)(2)) is amended— be deposited into the general fund of the mation System (SEVIS), including the abil- (1) by striking ‘‘issuance or refusal’’ and Treasury as repayment of funds appropriated ity to issue Form I–20s, pending a final deter- inserting ‘‘issuance, refusal, or revocation’’; pursuant to section 407(c) of this Act until mination by the Secretary with respect to (2) in paragraph (2), by striking ‘‘and on the entire appropriated sum has been repaid. the institution’s certification under the Stu- the basis of reciprocity’’; SEC. 4422. EXPEDITIOUS EXPANSION OF VISA SE- dent and Exchange Visitor Program.’’. (3) in paragraph (2)(A)— CURITY PROGRAM TO HIGH-RISK (b) EFFECT OF CONVICTION FOR VISA (A) by inserting ‘‘ (i)’’ after ‘‘for the pur- POSTS. FRAUD.—Such section 641(d), as amended by pose of’’; and (a) IN GENERAL.—Section 428(i) of the subsection (a)(2), is further amended by add- (B) by striking ‘‘illicit weapons; or’’ and Homeland Security Act of 2002 (6 U.S.C. ing at the end the following: inserting ‘‘illicit weapons, or (ii) deter- 236(i)) is amended to read as follows: ‘‘(4) PERMANENT DISQUALIFICATION FOR mining a person’s deportability or eligibility ‘‘(i) VISA ISSUANCE AT DESIGNATED HIGH- FRAUD.—A designated school official at, or for a visa, admission, or other immigration RISK POSTS.—Notwithstanding any other pro- an owner of, an approved institution of high- benefit;’’; vision of law, the Secretary of Homeland Se- er education, an other approved educational (4) in paragraph (2)(B)— curity shall conduct an on-site review of all institution, or a designated exchange visitor (A) by striking ‘‘for the purposes’’ and in- visa applications and supporting documenta- program who is convicted for fraud relating serting ‘‘for one of the purposes’’; and tion before adjudication at the top 30 visa- to any aspect of the Student and Exchange (B) by striking ‘‘or to deny visas to persons issuing posts designated jointly by the Sec- Visitor Program shall be permanently dis- who would be inadmissible to the United retaries of State and Homeland Security as qualified from filing future petitions and States’’ and inserting ‘‘; or’’; and high-risk posts.’’. from having an ownership interest or a man- (5) by adding before the period at the end (b) ASSIGNMENT OF PERSONNEL.—Not later agement role, including serving as a prin- the following: than one year after the date of enactment of cipal, owner, officer, board member, general

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.029 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5074 CONGRESSIONAL RECORD — SENATE June 24, 2013 partner, designated school official, or any (1) was certified under the Student and Ex- (2) SEVP.—The term ‘‘SEVP’’ means the other position of substantive authority for change Visitor Program on the date of the Student and Exchange Visitor Program of the operations or management of the institu- enactment of this Act; the Department. tion, in any United States educational insti- (2) submitted an application for certifi- Strike section 4904 and insert the fol- tution that enrolls nonimmigrant alien stu- cation with the Federal Aviation Adminis- lowing: dents described in subparagraph (F) or (M) of tration during the 1-year period beginning on SEC. 4904. ACCREDITATION REQUIREMENTS. section 101(a)(15) the Immigration and Na- such date; and (a) COLLEGES, UNIVERSITIES, AND LANGUAGE tionality Act (8 U.S.C. 1101(a)(15)).’’. (3) continues to progress toward certifi- TRAINING PROGRAMS.—Section 101(a) of the SEC. 4426. BACKGROUND CHECKS. cation by the Federal Aviation Administra- Immigration and Nationality Act (8 U.S.C. tion. (a) IN GENERAL.—Section 641(d) of the Ille- 1101(a)) is amended— gal Immigration Reform and Immigrant Re- SEC. 4428. REVOCATION OF ACCREDITATION. (1) in paragraph (15)(F)(i)— At the time an accrediting agency or asso- sponsibility Act of 1996 (8 U.S.C. 1372(d)), as (A) by striking ‘‘section 214(1) at an estab- ciation is required to notify the Secretary of amended by section 411(b) of this Act, is fur- lished college, university, seminary, conserv- Education and the appropriate State licens- ther amended by adding at the end the fol- atory or in an accredited language training ing or authorizing agency of the final denial, lowing: program in the United States’’ and inserting withdrawal, suspension, or termination of ‘‘(5) BACKGROUND CHECK REQUIREMENT.— ‘‘section 214(m) at an accredited college, uni- accreditation of an institution pursuant to ‘‘(A) IN GENERAL.—An individual may not versity, or language training program, or at section 496 of the Higher Education Act of serve as a designated school official or be an established seminary, conservatory, aca- 1965 (20 U.S.C. 1099b), such accrediting agen- granted access to SEVIS unless the indi- demic high school, elementary school, or cy or association shall notify the Secretary vidual is a national of the United States or other academic institution in the United of Homeland Security of such determination an alien lawfully admitted for permanent States’’; and and the Secretary of Homeland Security residence and during the most recent 3-year (B) by striking ‘‘Attorney General’’ each shall immediately withdraw the school from period— place such term appears and inserting ‘‘Sec- the SEVP and prohibit the school from ac- ‘‘(i) the Secretary of Homeland Security retary of Homeland Security’’; and cessing SEVIS. has— (C) by amending paragraph (52) to read as ‘‘(I) conducted a thorough background SEC. 4429. REPORT ON RISK ASSESSMENT. follows: check on the individual, including a review Not later than 180 days after the date of ‘‘(52) Except as provided in section of the individual’s criminal and sex offender the enactment of this Act, the Secretary 214(m)(4), the term ‘accredited college, uni- history and the verification of the individ- shall submit to the Committee on the Judici- versity, or language training program’ ual’s immigration status; and ary of the Senate and the Committee on the means a college, university, or language ‘‘(II) determined that the individual has Judiciary of the House of Representatives a training program that is accredited by an ac- not been convicted of any violation of United report that contains the risk assessment crediting agency recognized by the Secretary States immigration law and is not a risk to strategy that will be employed by the Sec- of Education.’’. national security of the United States; and retary to identify, investigate, and take ap- (b) OTHER ACADEMIC INSTITUTIONS.—Sec- ‘‘(ii) the individual has successfully com- propriate action against schools and school tion 214(m) (8 U.S.C. 1184(m)) is amended by pleted an on-line training course on SEVP officials that are facilitating the issuance of adding at the end the following: and SEVIS, which has been developed by the Form I–20 and the maintenance of student ‘‘(3) The Secretary of Homeland Security Secretary. visa status in violation of the immigration shall require accreditation of an academic laws of the United States. institution (except for seminaries or other ‘‘(B) INTERIM DESIGNATED SCHOOL OFFI- religious institutions) for purposes of section CIAL.— SEC. 4430. IMPLEMENTATION OF GAO REC- OMMENDATIONS. 101(a)(15)(F) if— ‘‘(i) IN GENERAL.—An individual may serve Not later than 180 days after the date of as an interim designated school official dur- ‘‘(A) that institution is not already re- the enactment of this act, the Secretary of ing the period that the Secretary is con- quired to be accredited under section Homeland Security shall submit to the Com- ducting the background check required by 101(a)(15)(F)(i); and mittee on the Judiciary of the Senate and subparagraph (A)(i)(I). ‘‘(B) an appropriate accrediting agency the Committee on the Judiciary of the House recognized by the Secretary of Education is ‘‘(ii) REVIEWS BY THE SECRETARY.—If an in- of Representatives a report that describes— dividual serving as an interim designated able to provide such accreditation. (1) the process in place to identify and as- school official under clause (i) does not suc- ‘‘(4) The Secretary of Homeland Security, sess risks in the SEVP; cessfully complete the background check rein the Secretary’s discretion, may waive the (2) a risk assessment process to allocate quired by subparagraph (A)(i)(I), the Sec- accreditation requirement in paragraph (3) SEVP’s resources based on risk; retary shall review each Form I–20 issued by or section 101(a)(15)(F)(i) with respect to an (3) the procedures in place for consistently such interim designated school official. institution if such institution— ensuring a school’s eligibility, including con- ‘‘(A) is otherwise in compliance with the ‘‘(6) FEE.—The Secretary is authorized to sistently verifying in lieu of letters; collect a fee from an approved school for requirements of section 101(a)(15)(F)(i); and (4) how SEVP identified and addressed each background check conducted under ‘‘(B) has been a candidate for accreditation missing school case files; paragraph (6)(A)(i). The amount of such fee for at least 1 year and continues to progress (5) a plan to develop and implement a proc- shall be equal to the average amount ex- toward accreditation by an accrediting agen- ess to monitor state licensing and accredita- pended by the Secretary to conducted such cy recognized by the Secretary of Edu- tion status of all SEVP-certified schools; background checks.’’. cation.’’. (6) whether all flight schools that have not (c) EFFECTIVE DATE.— (b) EFFECTIVE DATE.—The amendment been certified to the satisfaction of the Sec- (1) IN GENERAL.—Except as provided in made by subsection (a) shall take effect on retary and by the Federal Aviation Adminis- paragraph (2), the amendments made by this the date that is 1 year after the date of the tration have been removed from the program section shall— enactment of this Act. and have been restricted from accessing (A) take effect on the date that is 180 days SEC. 4427. FLIGHT SCHOOLS NOT CERTIFIED BY SEVIS; after the date of enactment of this Act; and FAA. (7) the standard operating procedures that (B) apply with respect to applications for (a) IN GENERAL.—Except as provided in govern coordination among SEVP, Counter- nonimmigrant visas that are filed on or after subsection (b), the Secretary of Homeland terrorism and Criminal Exploitation Unit, the effective date described in subparagraph Security shall prohibit any flight school in and U.S. Immigration and Customs Enforce- (A). the United States from accessing SEVIS or ment field offices; and (2) TEMPORARY EXCEPTION.—During the 3- issuing a Form I–20 to an alien seeking a stu- (8) the established criteria for referring year period beginning on the effective date dent visa pursuant to subparagraph (F)(i) or cases of a potentially criminal nature from described in paragraph (1)(A), an institution (M)(i) of section 101(a)(15) of the Immigration SEVP to the counterterrorism and intel- that is newly required to be accredited under and Nationality Act (8 U.S.C. 1101(a)(15)) if ligence community. this section may continue to participate in the flight school has not been certified to the SEC. 4431. IMPLEMENTATION OF SEVIS II. the Student and Exchange Visitor Program satisfaction of the Secretary and by the Fed- Not later than 2 years after the date of the notwithstanding the institution’s lack of ac- eral Aviation Administration pursuant to enactment of this Act, the Secretary of creditation if the institution— part 141 or part 142 of title 14, Code of Fed- Homeland Security shall complete the de- (A) was certified under the Student and eral Regulations (or similar successor regu- ployment of both phases of the 2nd genera- Exchange Visitor Program on such date; lations). tion Student and Exchange Visitor Informa- (B) submitted an application for accredita- (b) TEMPORARY EXCEPTION.—During the 5- tion System (commonly known as ‘‘SEVIS tion to an accrediting agency recognized by year period beginning on the date of the en- II’’). the Secretary of Education during the 6- actment of this Act, the Secretary may SEC. 4432. DEFINITIONS. month period ending on such date; and waive the requirement under subsection (a) (a) DEFINITIONS.—In this subtitle: (C) continues to progress toward accredita- that a flight school be certified by the Fed- (1) SEVIS.—The term ‘‘SEVIS’’ means the tion by such accrediting agency. eral Aviation Administration if such flight Student and Exchange Visitor Information Strike section 4907 and insert the fol- school— System of the Department. lowing:

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.029 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5075 SEC. 4907. VISA FRAUD. SEC. 2324. INADMISSIBILITY OF INDIVIDUALS amendment SA 1183 submitted by Mr. WHO RENOUNCE CITIZENSHIP TO (a) TEMPORARY SUSPENSION OF SEVIS AC- LEAHY (for himself and Mr. HATCH) to AVOID TAXES. CESS.—Section 641(d) of the Illegal Immigra- Section 212(a)(10)(E) (8 U.S.C. 1182(a)(10)(E)) the bill S. 744, to provide for com- tion Reform and Immigrant Responsibility is amended to read as follows: prehensive immigration reform and for Act of 1996 (8 U.S.C. 1372(d)) is amended— ‘‘(E) FORMER CITIZENS WHO RENOUNCED CITI- other purposes; which was ordered to (1) in paragraph (1)(A), by striking ‘‘insti- ZENSHIP TO AVOID TAXATION.— tution,,’’ and inserting ‘‘institution,’’; and lie on the table; as follows: ‘‘(i) INADMISSIBILITY.—The following aliens (2) by adding at the end the following: In section 245B(c), as added by section are inadmissible: ‘‘(3) EFFECT OF REASONABLE SUSPICION OF 2101(a) of this amendment, strike paragraph ‘‘(I) Any alien who is a former citizen of FRAUD.—If the Secretary of Homeland Secu- (6) and insert the following: the United States who officially renounces rity has reasonable suspicion that an owner ‘‘(6) ELIGIBILITY AFTER DEPARTURE.—An United States citizenship and who is deter- of, or a designated school official at, an ap- alien who departed from the United States, mined by the Secretary of Homeland Secu- proved institution of higher education, an while subject to an order of exclusion, depor- rity to have renounced United States citizen- other approved educational institution, or a tation, or removal, or pursuant to an order ship for the purpose of avoiding taxation by designated exchange visitor program has of voluntary departure, who is outside of the the United States. committed fraud or attempted to commit United States, or who has reentered the ‘‘(II) Subject to clause (ii), any alien who is fraud relating to any aspect of the Student United States illegally after December 31, a former citizen of the United States and and Exchange Visitor Program, the Sec- 2011 without receiving the Secretary’s con- who is a covered expatriate. retary may immediately suspend, without sent to reapply for admission under section ‘‘(ii) REVIEW FOR COVERED EXPATRIATES.—A notice, such official’s or such school’s access 212(a)(9), shall not be eligible to file an appli- covered expatriate shall not be inadmissible to the Student and Exchange Visitor Infor- cation for registered provisional immigrant under clause (i)(II) if the Secretary deter- mation System (SEVIS), including the abil- status. mines that the covered expatriate has estab- ity to issue Form I–20s, pending a final deter- lished by clear and convincing evidence that mination by the Secretary with respect to SA 1612. Mr. COBURN submitted an avoiding taxation by the United States was the institution’s certification under the Stu- not one of the principle purposes that the amendment intended to be proposed to dent and Exchange Visitor Program.’’. covered expatriate renounced United States amendment SA 1183 submitted by Mr. (b) EFFECT OF CONVICTION FOR VISA citizenship. LEAHY (for himself and Mr. HATCH) to FRAUD.—Such section 641(d), as amended by ‘‘(iii) COVERED EXPATRIATE DEFINED.—In the bill S. 744, to provide for com- subsection (a)(2), is further amended by add- this subparagraph, the term ‘covered expa- prehensive immigration reform and for ing at the end the following: triate’ means an individual described in sec- other purposes; which was ordered to ‘‘(4) PERMANENT DISQUALIFICATION FOR tion 877A(g)(1) of the Internal Revenue Code lie on the table; as follows: FRAUD.—A designated school official at, or of 1986 and to whom section 877A(a) of such an owner of, an approved institution of high- Code applies.’’. In section 245B(b) of the Immigration and er education, an other approved educational Nationality Act, as added by section 2101(a) institution, or a designated exchange visitor SA 1610. Mr. REED submitted an of this amendment, strike paragraph (3) and program who is convicted for fraud relating amendment intended to be proposed to insert the following: to any aspect of the Student and Exchange amendment SA 1183 submitted by Mr. ‘‘(3) GROUNDS FOR INELIGIBILITY.— Visitor Program shall be permanently dis- ‘‘(A) IN GENERAL.—Except as provided in LEAHY (for himself and Mr. HATCH) to qualified from filing future petitions and subparagraph (B), an alien is ineligible for from having an ownership interest or a man- the bill S. 744, to provide for com- registered provisional immigrant status if agement role, including serving as a prin- prehensive immigration reform and for the Secretary determines that the alien— cipal, owner, officer, board member, general other purposes; which was ordered to ‘‘(i) has a conviction for— partner, designated school official, or any lie on the table; as follows: ‘‘(I) an offense classified as a felony in the other position of substantive authority for At the appropriate place, insert the fol- convicting jurisdiction (other than a State the operations or management of the institu- lowing: or local offense for which an essential element was the alien’s immigration status, or tion, in any United States educational insti- SEC. lll. USE OF PUBLIC LIBRARIES FOR THE tution that enrolls nonimmigrant alien stu- IMMIGRANT INTEGRATION. a violation of this Act); dents described in subparagraph (F) or (M) of (a) APPLICATION ASSISTANCE GRANTS.—Not- ‘‘(II) an aggravated felony (as defined in section 101(a)(15) the Immigration and Na- withstanding section 2106, a public library section 101(a)(43) at the time of the convic- tionality Act (8 U.S.C. 1101(a)(15)).’’. with staff who have the qualifications, expe- tion); rience, and expertise described in subsection ‘‘(III) an offense (unless the applicant dem- (b) of that section shall be considered an eli- onstrates, by clear and convincing evidence, SA 1608. Mr. REED submitted an that he or she is innocent of the offense, that amendment intended to be proposed to gible nonprofit organization for purposes of that section. he or she is the victim of such offense, or amendment SA 1183 submitted by Mr. (b) TASK FORCE ON NEW AMERICANS.— that no offense occurred), which is classified LEAHY (for himself and Mr. HATCH) to (1) MEMBERSHIP.—In addition to the indi- as a misdemeanor in the convicting jurisdic- the bill S. 744, to provide for com- viduals listed in section 2523(a), the Director tion, and which involved— prehensive immigration reform and for of the Institute of Museum and Library Serv- ‘‘(aa) domestic violence or child abuse and other purposes; which was ordered to ices shall also be a member of the Task neglect (as such terms are defined in section lie on the table; as follows: Force on New Americans. 40002(a) of the Violence Against Women Act (2) FUNCTIONS.—As part of the coordinated of 1994 (42 U.S.C. 13925(a))); At the appropriate place, insert the fol- Federal response to issues that impact the ‘‘(bb) assault resulting in bodily injury or lowing: lives of new immigrants and receiving com- the violation of a protection order (as such SEC. ll. CLARIFICATION REGARDING MERIT- munities described in section 2524(b)(1), the terms are defined in section 2266 of title 18, BASED IMMIGRANT VISA PHYSICAL Task Force on New Americans shall include United States Code); or PRESENCE REQUIREMENTS. civics education. ‘‘(cc) driving while intoxicated (as defined For purposes of section 2302(c)(3)(B), an (c) UNITED STATES CITIZENSHIP FOUNDA- in section 164 of title 23, United States Code); alien shall be deemed to be lawfully present TION.—In addition to the activities author- ‘‘(IV) 2 or more misdemeanor offenses in the United States in a status that allows ized under section 2534, the United States (other than minor traffic offenses or State or for employment authorization during such Citizenship Foundation shall enter into local offenses for which an essential element time as the alien is in Deferred Enforcement agreements with other Federal agencies to was the alien’s immigration status or viola- Departure pursuant to a presidential direc- promote and assist eligible organizations and tions of this Act); tive that was issued on or before April 16, authorized activities. ‘‘(V) any offense under foreign law, except 2013. (d) INITIAL ENTRY, ADJUSTMENT, AND CITI- for a purely political offense, which, if the ZENSHIP ASSISTANCE GRANTS.—Grants au- offense had been committed in the United thorized under section 2537 shall be awarded States, would render the alien inadmissible SA 1609. Mr. REED submitted an to eligible nonprofit organizations (as de- under section 212(a) (excluding the para- amendment intended to be proposed to fined in section 2106(b)). graphs set forth in clause (ii)) or removable amendment SA 1183 submitted by Mr. (e) PILOT PROGRAM TO PROMOTE IMMIGRANT under section 237(a), except as provided in LEAHY (for himself and Mr. HATCH) to INTEGRATION AT STATE AND LOCAL LEVELS.— paragraph (3) of section 237(a); or the bill S. 744, to provide for com- In addition to the activities authorized ‘‘(VI) unlawful voting (as defined in section prehensive immigration reform and for under subsection (d) of section 2538, grants 237(a)(6)); other purposes; which was ordered to authorized under that section may be used to ‘‘(ii) is inadmissible under section 212(a), provide subgrants to public libraries. except that in determining an alien’s inad- lie on the table; as follows: missibility— At the end of subtitle C of title II, insert SA 1611. Mr. COBURN submitted an ‘‘(I) paragraphs (4), (5), (7), and (9)(B) of the following: amendment intended to be proposed to section 212(a) shall not apply;

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.029 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5076 CONGRESSIONAL RECORD — SENATE June 24, 2013 ‘‘(II) subparagraphs (A), (C), (D), (F), and ‘‘(I) an offense classified as a felony in the SEC. ll. REPORT BY THE CHIEF ACTUARY OF (G) of section 212(a)(6) and paragraphs (9)(C) convicting jurisdiction (other than a State THE CENTERS FOR MEDICARE & and (10)(B) of section 212(a) shall not apply or local offense for which an essential ele- MEDICAID SERVICES ON ANY IN- unless based on the act of unlawfully enter- CREASED COSTS TO THE MEDICARE ment was the alien’s immigration status, or PROGRAM THAT WILL RESULT FROM ing the United States after the date of the a violation of this Act); THE PROVISIONS OF, AND THE enactment of the Border Security, Economic ‘‘(II) an aggravated felony (as defined in AMENDMENTS MADE BY, THIS ACT. Opportunity, and Immigration Moderniza- section 101(a)(43) at the time of the convic- (a) IN GENERAL.—Not later than one year tion Act; and tion); after the date of the enactment of this Act, ‘‘(III) paragraphs (6)(B) and (9)(A) of sec- ‘‘(III) an offense (unless the applicant dem- the Chief Actuary of the Centers for Medi- tion 212(a) shall not apply unless the rel- onstrates, by clear and convincing evidence, care & Medicaid Services shall submit to evant conduct began on or after the date on that he or she is innocent of the offense, that Congress a report on any increased costs to which the alien files an application for reg- the Medicare program under title XVIII of he or she is the victim of such offense, or istered provisional immigrant status under the Social Security Act that will result from that no offense occurred), which is classified this section; the provisions of, and the amendments made ‘‘(iii) is an alien who the Secretary knows as a misdemeanor in the convicting jurisdic- by, this Act (including regulations to carry or has reasonable grounds to believe, is en- tion, and which involved— out such provisions and amendments). gaged in or is likely to engage after entry in ‘‘(aa) domestic violence or child abuse and (b) CONTENTS.— any terrorist activity (as defined in section neglect (as such terms are defined in section (1) IN GENERAL.—The report under sub- 212(a)(3)(B)(iv)); or 40002(a) of the Violence Against Women Act section (a) shall include— ‘‘(iv) was, on April 16, 2013— of 1994 (42 U.S.C. 13925(a))); (A) an estimate by the Chief Actuary of ‘‘(I) an alien lawfully admitted for perma- ‘‘(bb) assault resulting in bodily injury or any increased costs to the Medicare program nent residence; the violation of a protection order (as such that will result from such provisions and ‘‘(II) an alien admitted as a refugee under terms are defined in section 2266 of title 18, amendments during— section 207 or granted asylum under section United States Code); or (i) the 10-year period that begins on the 208; or ‘‘(cc) driving while intoxicated (as defined date that is 10 years after the date of the en- ‘‘(III) an alien who, according to the in section 164 of title 23, United States Code); actment of this Act; and records of the Secretary or the Secretary of ‘‘(IV) 2 or more misdemeanor offenses (ii) the 75-year period that begins on such State, is lawfully present in the United (other than minor traffic offenses or State or date of enactment; and States in any nonimmigrant status (other local offenses for which an essential element (B) any other items determined appro- than an alien considered to be a non- was the alien’s immigration status or viola- priate by the Secretary. (2) REQUIREMENT.—The estimates under immigrant solely due to the application of tions of this Act); section 244(f)(4) or the amendment made by paragraph (1)(A) shall include the total im- ‘‘(V) any offense under foreign law, except section 702 of the Consolidated Natural Re- pact on the Medicare program (dedicated for a purely political offense, which, if the sources Act of 2008 (Public Law 110–229)), not- revenues less expenditures), including the offense had been committed in the United withstanding any unauthorized employment impact of individuals made newly-eligible for States, would render the alien inadmissible or other violation of nonimmigrant status. benefits under the Medicare program by rea- under section 212(a) (excluding the para- ‘‘(B) WAIVER.— son of such provisions and amendments. graphs set forth in clause (ii)) or removable ‘‘(i) IN GENERAL.—The Secretary may waive the application of any provision of section under section 237(a), except as provided in SA 1615. Mr. COBURN (for himself 212(a) that is not listed in clause (ii) on be- paragraph (3) of section 237(a); or and Mr. JOHNSON of Wisconsin) sub- half of an alien for humanitarian purposes, ‘‘(VI) unlawful voting (as defined in section mitted an amendment intended to be to ensure family unity, or if such a waiver is 237(a)(6)); proposed to amendment SA 1183 sub- ‘‘(ii) is inadmissible under section 212(a); otherwise in the public interest. Any discre- mitted by Mr. LEAHY (for himself and ‘‘(iii) is an alien who the Secretary knows tionary authority to waive grounds of inad- Mr. HATCH) to the bill S. 744, to provide or has reasonable grounds to believe, is en- missibility under section 212(a) conferred for comprehensive immigration reform under any other provision of this Act shall gaged in or is likely to engage after entry in any terrorist activity (as defined in section and for other purposes; which was or- apply equally to aliens seeking registered dered to lie on the table; as follows: provisional status under this section. 212(a)(3)(B)(iv)); or ‘‘(ii) EXCEPTIONS.—The discretionary au- ‘‘(iv) was, on April 16, 2013— Beginning on page 222, strike line 7 and all thority under clause (i) may not be used to ‘‘(I) an alien lawfully admitted for perma- that follows through ‘‘Notwithstanding’’ on waive— nent residence; page 223, lines 11 and 12, and insert the fol- ‘‘(I) subparagraph (B), (C), (D)(ii), (E), (G), ‘‘(II) an alien admitted as a refugee under lowing: (a) EXEMPTION FROM HIRING RULES.—Not- (H), or (I) of section 212(a)(2); section 207 or granted asylum under section withstanding ‘‘(II) section 212(a)(3); 208; or ‘‘(III) subparagraph (A), (C), (D), or (E) of ‘‘(III) an alien who, according to the SA 1616. Mr. COBURN submitted an section 212(a)(10); or records of the Secretary or the Secretary of amendment intended to be proposed to ‘‘(IV) with respect to misrepresentations State, is lawfully present in the United amendment SA 1183 submitted by Mr. relating to the application for registered States in any nonimmigrant status (other LEAHY (for himself and Mr. HATCH) to provisional immigrant status, section than an alien considered to be a non- 212(a)(6)(C)(i). immigrant solely due to the application of the bill S. 744, to provide for com- ‘‘(C) CONVICTION EXPLAINED.—For purposes section 244(f)(4) or the amendment made by prehensive immigration reform and for of this paragraph, the term ‘conviction’ does section 702 of the Consolidated Natural Re- other purposes; which was ordered to not include a judgment that has been ex- sources Act of 2008 (Public Law 110–229)), not- lie on the table; as follows: punged, set aside, or the equivalent. withstanding any unauthorized employment Strike sections 3502 and 3503 and insert the ‘‘(D) RULE OF CONSTRUCTION.—Nothing in or other violation of nonimmigrant status. following: this paragraph may be construed to require ‘‘(B) CONVICTION EXPLAINED.—For purposes SEC. 3502. IMPROVING IMMIGRATION COURT EF- the Secretary to commence removal proof this paragraph, the term ‘conviction’ does FICIENCY AND REDUCING COSTS BY ceedings against an alien. not include a judgment that has been ex- INCREASING ACCESS TO LEGAL IN- FORMATION. punged, set aside, or the equivalent. SA 1613. Mr. COBURN submitted an (a) RIGHT TO REVIEW CERTAIN DOCUMENTS ‘‘(C) RULE OF CONSTRUCTION.—Nothing in IN REMOVAL PROCEDINGS.—Section 240(b) (8 amendment intended to be proposed to this paragraph may be construed to require amendment SA 1183 submitted by Mr. U.S.C. 1229a(b)) is amended— the Secretary to commence removal pro- (1) in paragraph (4)— LEAHY (for himself and Mr. HATCH) to ceedings against an alien. (A) in subparagraph (A), by striking the the bill S. 744, to provide for com- comma at the end and inserting a semicolon; prehensive immigration reform and for (B) by redesignating subparagraphs (B) and other purposes; which was ordered to SA 1614. Mr. COBURN submitted an (C) as subparagraphs (C) and (D), respec- lie on the table; as follows: amendment intended to be proposed to tively; and In section 245B(b) of the Immigration and amendment SA 1183 submitted by Mr. (C) by inserting after subparagraph (A) the Nationality Act, as added by section 2101(a) LEAHY (for himself and Mr. HATCH) to following: of this amendment, strike paragraphs (3) and ‘‘(B) the alien shall, at the beginning of the (4) and insert the following: the bill S. 744, to provide for com- proceedings or at a reasonable time there- ‘‘(3) GROUNDS FOR INELIGIBILITY.— prehensive immigration reform and for after, automatically receive a complete copy ‘‘(A) IN GENERAL.—Except as provided in other purposes; which was ordered to of all relevant documents in the possession subparagraph (B), an alien is ineligible for lie on the table; as follows: of the Department of Homeland Security, in- registered provisional immigrant status if cluding all documents (other than docu- the Secretary determines that the alien— At the appropriate place, insert the fol- ments protected from disclosure by privi- ‘‘(i) has a conviction for— lowing: lege, including national security information

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.036 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5077 referenced in subparagraph (C), law enforce- Rico, the United States Virgin Islands, and ‘‘(A) shall apply only until— ment sensitive information, and information the Gulf Coast; and ‘‘(i) an application filed under section 245B, prohibited from disclosure pursuant to any (B) the California coast; 245C, 245D, or 245F of this Act or section 2211 other provision of law) contained in the file (2) increase unarmed, unmanned aircraft of the Border Security, Economic Oppor- maintained by the Government that includes deployments to the Caribbean region; tunity, and Immigration Modernization Act information with respect to all transactions (3) acquire, upgrade, and maintain sensor is denied; and involving the alien during the immigration systems for the aircraft and vessel fleet; ‘‘(ii) all opportunities for administrative process (commonly referred to as an ‘A-file’) (4) increase air and maritime patrols to appeal of the denial have been exhausted; and all documents pertaining to the alien gain and enhance maritime domain aware- and that the Department of Homeland Security ness; ‘‘(B) shall not apply to the use of the infor- has obtained or received from other govern- (5) increase and upgrade facilities, as nec- mation furnished pursuant to such applica- ment agencies, unless the alien waives the essary, to accommodate personnel and asset tion in any removal proceeding or other right to receive such documents by exe- needs; criminal or civil case or action relating to cuting a knowing and voluntary waiver in a (6) perform whatever additional mainte- an alien whose application has been granted language that he or she understands flu- nance as may be necessary to preserve the that is based upon any violation of law com- ently;’’; and operational capability of any additional air mitted or discovered after such grant. (2) by adding at the end the following: or marine assets; ‘‘(4) CRIMINAL CONVICTIONS.—Notwith- ‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED (7) modernize and appropriately staff the standing any other provision of this section, DOCUMENTS.—In the absence of a waiver Air and Marine Operations Center in order to information concerning whether the appli- under paragraph (4)(B), a removal proceeding enhance maritime domain awareness; and cant has, at any time, been convicted of a may not commence until the alien has re- (8) hire and deploy such personnel as may crime may be used or released for immigra- ceived the documents required under such be necessary to provide maritime border se- tion enforcement and law enforcement pur- subparagraph.’’. curity along— poses. (b) CLARIFICATION REGARDING PROVISION OF (A) the coastal areas of the Southeastern ‘‘(5) AUDITING AND EVALUATION OF INFORMA- COUNSEL TO ALIENS IN IMMIGRATION PRO- United States, including Florida, Puerto TION.—The Secretary may— CEEDINGS.—Section 292 (8 U.S.C. 1362) is Rico, the United States Virgin Islands, and ‘‘(A) audit and evaluate information fur- amended— the Gulf Coast; and nished as part of any application filed under (1) by inserting ‘‘(a)’’ before ‘‘In any’’; (B) the California coast. section 245B, 245C, 245D, or 245F for purposes (2) by striking ‘‘he shall’’ and inserting (b) COAST GUARD.—The Commissioner of of identifying immigration fraud or fraud ‘‘the person shall’’; and U.S. Customs and Border Protection shall schemes; and (3) by adding at the end the following: work with the Secretary and shall coordi- ‘‘(B) use any evidence detected by means of ‘‘(b) The Government is not required to nate with the Coast Guard to secure the mar- audits and evaluations for purposes of inves- provide counsel to aliens under subsection itime borders of the United States. tigating, prosecuting, referring for prosecu- (a).’’. (c) AUTHORIZATION OF APPROPRIATIONS.—In tion, or denying or terminating immigration (c) REPEAL.—Subsections (b), (c), and (d) of addition to amounts otherwise authorized to benefits. section 2104 of this Act and the amendments be appropriated, there is authorized to be ap- ‘‘(6) USE OF INFORMATION IN PETITIONS AND to section 242 of the Immigration and Na- propriated, for fiscal years 2014 through APPLICATIONS SUBSEQUENT TO ADJUSTMENT OF tionality Act, which were made by section 2018— STATUS.—If the Secretary has adjusted an 2104(b) of this Act, are repealed. (1) such sums as may be necessary to U.S. alien’s status to that of an alien lawfully ad- Customs and Border Protection to carry out SA 1617. Mrs. FEINSTEIN (for her- mitted for permanent residence pursuant to subsection (a); and section 245C, 245D, or 245F, the Secretary, at self, Mr. KIRK, Mr. COONS, Mr. UDALL of (2) such sums as may be necessary to the any time thereafter, may use the informa- New Mexico, Mr. BLUNT, and Mr. COR- Coast Guard to carry out subsection (b). tion furnished by the alien in the application NYN) submitted an amendment in- SA 1619. Mr. CORNYN submitted an for adjustment of status or in an application tended to be proposed to amendment for status under section 245B, 245C, 245D, or SA 1183 submitted by Mr. LEAHY (for amendment intended to be proposed to 245F to make a determination on any peti- himself and Mr. HATCH) to the bill S. amendment SA 1183 submitted by Mr. tion or application. 744, to provide for comprehensive im- LEAHY (for himself and Mr. HATCH) to ‘‘(7) CONSTRUCTION.—Nothing in this sec- migration reform and for other pur- the bill S. 744, to provide for com- tion may be construed to limit the use or re- poses; which was ordered to lie on the prehensive immigration reform and for lease, for immigration enforcement pur- table; as follows: other purposes; which was ordered to poses, of information contained in files or lie on the table; as follows: records of the Secretary or the Attorney On page 49, strike lines 20 through 23 and General pertaining to applications filed insert the following: At the end of the amendment, add the following: under section 245B, 245C, 245D, or 245F other Act; than information furnished by an applicant SEC. ll. PROTECTION OF NATIONAL SECURITY (xviii) costs to the Judiciary estimated to in the application, or any other information be caused by the implementation of this Act AND PUBLIC SAFETY. (a) DISCLOSURES.—Section 245E(a) (as derived from the application, that is not and the amendments made by this Act, as available from any other source.’’. the Secretary and the Judicial Conference of amended by section 2104(a)) is amended by the United States shall jointly determine in striking paragraphs (2) and (3) and inserting (b) VISA INFORMATION SHARING.—Section consultation with the Attorney General; and the following: 222(f) (8 U.S.C. 1202(f)) is amended— (xix) the operations and maintenance costs ‘‘(2) REQUIRED DISCLOSURES.—The Sec- (1) in the matter preceding paragraph (1), associated with the implementation of retary shall provide the information fur- by striking ‘‘issuance or refusal’’ and insert- clauses (i) through (xvii). nished in an application filed under section ing ‘‘issuance, refusal, or revocation’’; and 245B, 245C, 245D, or 245F of this Act or sec- (2) in paragraph (2)— SA 1618. Mr. NELSON submitted an tion 2211 of the Border Security, Economic (A) in the matter preceding subparagraph amendment intended to be proposed to Opportunity, and Immigration Moderniza- (A), by striking ‘‘discretion and on the basis amendment SA 1183 submitted by Mr. tion Act, and any other information derived of reciprocity,’’ and inserting ‘‘discretion,’’; from such furnished information to— (B) by striking subparagraph (A) and in- LEAHY (for himself and Mr. HATCH) to ‘‘(A) a law enforcement agency, intel- serting the following: the bill S. 744, to provide for com- ligence agency, national security agency, a ‘‘(A) with regard to individual aliens, at prehensive immigration reform and for component of the Department of Homeland any time on a case-by-case basis for the pur- other purposes; which was ordered to Security, court, or grand jury, in each in- pose of— lie on the table; as follows: stance about an individual suspect or group ‘‘(i) preventing, investigating, or punishing At the end of subtitle A of title I, add the of suspects, consistent with law, in connec- acts that would constitute a crime in the following: tion with— United States, including terrorism or traf- SEC. 1124. MARITIME BORDER SECURITY EN- ‘‘(i) a criminal investigation or prosecu- ficking in controlled substances, persons, or HANCEMENTS. tion; illicit weapons; or (a) U.S. CUSTOMS AND BORDER PROTEC- ‘‘(ii) a national security investigation or ‘‘(ii) determining a person’s removability TION.—The Commissioner of U.S. Customs prosecution; or or eligibility for a visa, admission, or other and Border Protection, working through the ‘‘(iii) a duly authorized investigation of a immigration benefit;’’; Office of Air and Marine, shall— civil violation; and (C) in subparagraph (B)— (1) acquire and deploy such additional ves- ‘‘(B) an official coroner for purposes of af- (i) by striking ‘‘for the purposes’’ and in- sels and aircraft as may be necessary to pro- firmatively identifying a deceased indi- serting ‘‘for one of the purposes’’; and vide for enhanced maritime border security vidual, whether or not the death of such in- (ii) by striking ‘‘or to deny visas to persons along— dividual resulted from a crime. who would be inadmissible to the United (A) the coastal areas of the Southeastern ‘‘(3) INAPPLICABILITY AFTER DENIAL.—The States.’’ and inserting ‘‘; or’’; and United States, including Florida, Puerto limitations set forth in paragraph (1)— (D) by adding at the end the following:

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.039 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5078 CONGRESSIONAL RECORD — SENATE June 24, 2013 ‘‘(C) with regard to any or all aliens in the incoming, and outgoing) and enforcement (2) acquire, by purchase, donation, ex- database-specified data elements from each teams at land ports of entry on the Northern change, or otherwise, land or any interest in record, if the Secretary of State determines border and the Southern border) and 350 ad- land determined to be necessary to carry out that it is in the national interest to provide ditional full-time support staff, compared to the Commissioner’s duties under this sec- such information to a foreign government.’’. the number of such officers and employees tion; and on the date of the enactment of this Act, to (3) construct additional ports of entry SA 1620. Mr. CORNYN submitted an be distributed among all United States ports along the Southern border and the Northern amendment intended to be proposed to of entry. border. amendment SA 1183 submitted by Mr. (b) WAIVER OF PERSONNEL LIMITATION.— (g) CONSULTATION.— The Secretary may waive any limitation on (1) LOCATIONS FOR NEW PORTS OF ENTRY.— LEAHY (for himself and Mr. HATCH) to the number of full-time equivalent personnel The Secretary shall consult with the Sec- the bill S. 744, to provide for com- assigned to the Department in order to fulfill retary of the Interior, the Secretary of Agri- prehensive immigration reform and for the requirements under subsection (a). culture, the Secretary of State, the Inter- other purposes; which was ordered to (c) REPORTS TO CONGRESS.— national Boundary and Water Commission, lie on the table; as follows: (1) OUTBOUND INSPECTIONS.—Not later than the International Joint Commission, and ap- 90 days after the date of the enactment of propriate representatives of States, local At the appropriate place, insert the fol- this Act, the Secretary shall submit to the lowing: governments, Indian tribes, and property appropriate committees of Congress a report owners— SEC. lll. PROTECTING AMERICAN BUSI- containing the Department’s plans for ensur- (A) to determine locations for new ports of NESSES. ing the placement of sufficient officers of entry; and (a) DUTIES OF COMMISSIONER.—Notwith- U.S. Customs and Border Protection on out- (B) to minimize adverse impacts from such standing section 4701(d)(6), the Commissioner bound inspections, and adequate outbound ports on the environment, historic and cul- of the Bureau of Immigration and Labor infrastructure, at all Southern and Northern tural resources, commerce, and quality of Market Research is not authorized to con- border land ports of entry. life for the communities and residents lo- duct a quarterly survey of unemployment (2) AGRICULTURAL SPECIALISTS.—Not later cated near such ports. rates in construction occupations. than 90 days after the date of the enactment (2) SAVINGS PROVISION.—Nothing in this (b) ADMISSION OF W NONIMMIGRANT WORK- of this Act, the Secretary, in consultation subsection may be construed— ERS.—Section 220, as added by section 4703(a) with the Secretary of Agriculture, shall sub- (A) to create any right or liability of the of this Act, is amended— mit to the appropriate committees of Con- (1) in subsection (a), by striking paragraph gress a report that contains the Depart- parties described in paragraph (1); (4); ment’s plans for ensuring the placement of (B) to affect the legality and validity of (2) in subsection (e)(5), by striking subpara- sufficient agriculture specialists at all any determination under this Act by the graph (B) and inserting the following: Southern border and Northern border land Secretary; or ‘‘(B) RETURNING WORKER AND RENEWING EM- ports of entry. (C) to affect any consultation requirement PLOYER EXEMPTION.—Renewals of approved (3) ANNUAL IMPLEMENTATION REPORT.—Not under any other law. (h) AUTHORITY TO ACQUIRE LEASEHOLDS.— job slots and W visas by employers or work- later than 1 year after the date of the enact- Notwithstanding any other provision of law, ers in good standing shall not be counted to- ment of this Act, and annually thereafter, the Secretary may acquire a leasehold inter- ward the limits established under subsection the Secretary shall submit to the appro- est in real property, and may construct or (g)(1)(A) or factored into the formulaic deter- priate committees of Congress a report modify any facility on the leased property, if minations made under subparagraphs (A) that— the Secretary determines that the acquisi- through (D) of subsection (g)(2). (A) describes in detail the Department’s tion of such interest, and such construction ‘‘(C) INTENDING IMMIGRANTS.— implementation plan for staff enhancements or modification, are necessary to facilitate ‘‘(i) EXTENSION OF PERIOD.—A registered required under subsection (a); the implementation of this Act. visa holder shall continue to be a registered (B) includes the number of additional per- (i) AUTHORIZATION OF APPROPRIATIONS.— visa holder at the end of the 3-year period re- sonnel assigned to duty at land ports of There is authorized to be appropriated to ferred to in subparagraph (A) if the W non- entry by location; and carry out this section, for each of the fiscal immigrant is the beneficiary of a petition for (C) describes the methodology used to de- years 2014 through 2018, $1,000,000,000, of immigrant status filed pursuant to this Act. termine the distribution of additional per- which $5,000,000 shall be used for grants au- ‘‘(ii) TERMINATION OF PERIOD.—The term of sonnel to address northbound and south- thorized under subsection (e). a registration position extended under clause bound cross-border inspections. (j) OFFSET; RESCISSION OF UNOBLIGATED (i) shall terminate on the date that is the (4) APPROPRIATE COMMITTEES OF CON- FEDERAL FUNDS.— earlier of— GRESS.—In this subsection, the term ‘‘appro- (1) IN GENERAL.—There is hereby rescinded, ‘‘(I) the date an application or petition by priate committees of Congress’’ means— from appropriated discretionary funds that or for a W nonimmigrant to obtain immi- (A) the Committee on the Judiciary and remain available for obligation as of the date grant status is approved or denied by the the Committee on Homeland Security and of the enactment of this Act (other than the Secretary; or Governmental Affairs of the Senate; and unobligated funds described in paragraph ‘‘(II) the date of the termination of such W (B) the Committee on the Judiciary and (4)), amounts determined by the Director of nonimmigrant’s employment with the reg- the Committee on Homeland Security of the the Office of Management and Budget such istered employer.’’; and House of Representatives. that the aggregate amount of the rescission (3) in subsection (h), by striking paragraph (d) SECURE COMMUNICATION.—The Sec- equals the amount authorized to be appro- (5). retary shall ensure that each officer of U.S. priated under subsection (i). Customs and Border Protection is equipped (2) IMPLEMENTATION.—The Director of the SA 1621. Mr. CORNYN submitted an with a secure 2-way communication and sat- Office of Management and Budget shall de- ellite-enabled device, supported by system amendment intended to be proposed to termine and identify— interoperability, that allows such officers to (A) the appropriation accounts from which amendment SA 1183 submitted by Mr. communicate between ports of entry and in- the rescission under paragraph (1) shall LEAHY (for himself and Mr. HATCH) to spection stations, and with other Federal, apply; and the bill S. 744, to provide for com- State, local, and tribal law enforcement en- prehensive immigration reform and for tities. (B) the amount of the rescission that shall be applied to each such account. other purposes; which was ordered to (e) BORDER AREA SECURITY INITIATIVE (3) REPORT.—Not later than 60 days after lie on the table; as follows: GRANT PROGRAM.—The Secretary shall establish a grant program for the purchase of de- the date of the enactment of this Act, the At the end of subtitle B of title I of the tection equipment at land ports of entry and Director of the Office of Management and amendment, add the following: mobile, hand-held, 2-way communication and Budget shall submit a report to Congress and SEC. 1204. EMERGENCY PORT OF ENTRY PER- biometric devices for State and local law en- to the Secretary of the Treasury that de- SONNEL AND INFRASTRUCTURE forcement officers serving on the Southern scribes the accounts and amounts deter- FUNDING. border and Northern border. mined and identified under paragraph (2) for (a) STAFF ENHANCEMENTS.—In addition to (f) PORT OF ENTRY INFRASTRUCTURE IM- rescission under paragraph (1). positions authorized before the date of the PROVEMENTS.—In order to aid in the enforce- (4) EXCEPTIONS.—This subsection shall not enactment of this Act and any existing offi- ment of Federal customs, immigration, and apply to unobligated funds of— cer vacancies within U.S. Customs and Bor- agriculture laws, the Commissioner respon- (A) the Department of Defense; der Protection on such date, the Secretary sible for U.S. Customs and Border Protection (B) the Department of Veterans Affairs; or shall, by not later than September 30, 2018, may— (C) the Department of Homeland Security. and subject to the availability of appropria- (1) design, construct, and modify United SEC. 1205. CROSS-BORDER TRADE ENHANCE- tions for such purpose, hire, train, and assign States ports of entry, living quarters for offi- MENT. to duty 1,500 additional U.S. Customs and cers, agents, and personnel, and other struc- (a) DEFINITIONS.—In this section: Border Protection officers (not less than 50 tures and facilities, including those owned (1) ADMINISTRATION.—The term ‘‘Adminis- percent of which shall be designated to serve by municipalities, local governments, or pri- tration’’ means the General Services Admin- on all inspection lanes (primary, secondary, vate entities located at land ports of entry; istration.

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(2) ADMINISTRATOR.—The term ‘‘Adminis- the Administrator under this section shall be section 702 of the Consolidated Natural Re- trator’’ means the Administrator of the Gen- deemed to apply to the Secretary. sources Act of 2008 (Public Law 110–229)), not- eral Services Administration. withstanding any unauthorized employment (3) PERSON.—The term ‘‘person’’ means an SA 1622. Mr. CORNYN submitted an or other violation of nonimmigrant status. individual or any corporation, partnership, amendment intended to be proposed to ‘‘(B) WAIVER.— trust, association, or any other public or pri- amendment SA 1183 submitted by Mr. ‘‘(i) IN GENERAL.—The Secretary may waive vate entity, including a State or local gov- LEAHY (for himself and Mr. HATCH) to the application of any provision of section ernment. the bill S. 744, to provide for com- 212(a) that is not listed in clause (ii) on be- (b) AGREEMENTS AUTHORIZED.—Notwith- prehensive immigration reform and for half of an alien for humanitarian purposes, standing any other provision of law, upon other purposes; which was ordered to to ensure family unity, or if such a waiver is the request of any persons, the Adminis- lie on the table; as follows: otherwise in the public interest. Any discre- trator may, for purposes of facilitating con- tionary authority to waive grounds of inad- Beginning on page 131, strike line 8 and all struction, alteration, operation or mainte- missibility under section 212(a) conferred that follows through page 140, line 19 and in- nance of a new or existing facility or other under any other provision of this Act shall sert the following: infrastructure at a port of entry, enter into apply equally to aliens seeking registered ‘‘(III) an offense, unless the applicant dem- cost-sharing or reimbursement agreements onstrates, by clear and convincing evidence, provisional status under this section. or accept a donation of real and personal that the applicant is innocent of the offense, ‘‘(ii) EXCEPTIONS.—The discretionary au- property (including monetary donations) and that applicant is the victim of such offense, thority under clause (i) may not be used to nonpersonal services. or that no offense occurred, which is classi- waive— (c) EVALUATION PROCEDURES.— fied as a misdemeanor in the convicting ju- ‘‘(I) subparagraph (B), (C), (D)(ii), (E), (G), (1) IN GENERAL.—Not later than 180 days risdiction which involved— (H), or (I) of section 212(a)(2); after the date of the enactment of this Act, ‘‘(aa) domestic violence (as defined in sec- ‘‘(II) section 212(a)(3); the Administrator, in consultation with the tion 40002(a) of the Violence Against Women ‘‘(III) subparagraph (A), (C), (D), or (E) of Secretary, shall establish procedures for Act of 1994 (42 U.S.C. 13925(a)); section 212(a)(10); or evaluating a proposal submitted by any per- ‘‘(bb) child abuse and neglect (as defined in ‘‘(IV) with respect to misrepresentations son under subsection (b)— section 40002(a) of the Violence Against relating to the application for registered (A) to enter into a cost-sharing or reim- Women Act of 1994 (42 U.S.C. 13925(a)); provisional immigrant status, section bursement agreement with the Administra- ‘‘(cc) assault resulting in bodily injury (as 212(a)(6)(C)(i). tion to facilitate the construction, alter- defined in section 2266 of title 18, United ‘‘(C) CONVICTION EXPLAINED.—For purposes ation, operation, or maintenance of a new or States Code); of this paragraph, the term ‘conviction’ does existing facility or other infrastructure at a ‘‘(dd) the violation of a protection order (as not include a judgment that has been ex- land border port of entry; or defined in section 2266 of title 18, United punged, set aside, or the equivalent. (B) to provide the Administration with a States Code); or ‘‘(D) RULE OF CONSTRUCTION.—Nothing in donation of real and personal property (in- ‘‘(ee) driving while intoxicated (as defined this paragraph may be construed to require cluding monetary donations) and nonper- in section 164 of title 23, United States Code); the Secretary to commence removal pro- sonal services to be used in the construction, ‘‘(IV) 3 or more misdemeanor offenses ceedings against an alien. alteration, operation, or maintenance of a (other than minor traffic offenses or State or ‘‘(4) APPLICABILITY OF OTHER PROVISIONS.— facility or other infrastructure at a land bor- local offenses for which an essential element Sections 208(d)(6) and 240B(d) shall not apply der port of entry under the control of the Ad- was the alien’s immigration status, or a vio- to any alien filing an application for reg- ministration. lation of this Act); istered provisional immigrant status under (2) SPECIFICATION.—Donations made under ‘‘(V) any offense under foreign law, except this section. paragraph (1)(B) may specify— for a purely political offense, which, if the ‘‘(5) DEPENDENT SPOUSE AND CHILDREN.— (A) the land port of entry facility or facili- offense had been committed in the United ‘‘(A) IN GENERAL.—Notwithstanding any ties in support of which the donation is being States, would render the alien inadmissible other provision of law, the Secretary may made; and under section 212(a) (excluding the para- classify the spouse or child of a registered (B) the time frame in which the donated graphs set forth in clause (ii)) or removable provisional immigrant as a registered provi- property or services shall be used. under section 237(a), except as provided in sional immigrant dependent if the spouse or (3) RETURN OF DONATION.—If the Adminis- paragraph (3) of section 237(a); or child— trator does not use the property or services ‘‘(VI) unlawful voting (as defined in section ‘‘(i) was physically present in the United donated pursuant to paragraph (1)(B) for the 237(a)(6)); States on or before December 31, 2012, and specific facility or facilities designated pur- ‘‘(ii) is inadmissible under section 212(a), has maintained continuous presence in the suant to paragraph (2)(A) or within the time except that in determining an alien’s inad- United States from that date until the date frame specified pursuant to paragraph (2)(B), missibility— on which the registered provisional immi- such donated property or services shall be re- ‘‘(I) paragraphs (4), (5), (7), and (9)(B) of grant is granted such status, with the excep- turned to the person that made the donation. section 212(a) shall not apply; tion of absences from the United States that (4) DETERMINATION AND NOTIFICATION.— ‘‘(II) subparagraphs (A), (C), (D), (F), and are brief, casual, and innocent, whether or (A) IN GENERAL.—Not later than 90 days (G) of section 212(a)(6) and paragraphs (9)(C) not such absences were authorized by the after receiving a proposal pursuant to sub- and (10)(B) of section 212(a) shall not apply Secretary; and section (b) with respect to the construction unless based on the act of unlawfully enter- ‘‘(ii) meets all of the eligibility require- or maintenance of a facility or other infra- ing the United States after the date of the ments set forth in this subsection, other structure at a land border port of entry, the enactment of the Border Security, Economic than the requirements of clause (ii) or (iii) of Administrator shall— Opportunity, and Immigration Moderniza- paragraph (2)(A). (i) make a determination with respect to tion Act; and ‘‘(B) EFFECT OF TERMINATION OF LEGAL RE- whether or not to approve the proposal; and ‘‘(III) paragraphs (6)(B) and (9)(A) of sec- LATIONSHIP OR DOMESTIC VIOLENCE.—If the (ii) notify the person that submitted the tion 212(a) shall not apply unless the rel- spousal or parental relationship between an proposal of— evant conduct began on or after the date on alien who is granted registered provisional (I) the determination; and which the alien files an application for reg- (II) if the Administrator did not approve istered provisional immigrant status under immigrant status under this section and the the proposal, the reasons for such dis- this section; alien’s spouse or child is terminated due to approval. ‘‘(iii) is an alien who the Secretary knows death or divorce or the spouse or child has (B) CONSIDERATIONS.—In determining or has reasonable grounds to believe, is en- been battered or subjected to extreme cru- whether or not to approve a proposal under gaged in or is likely to engage after entry in elty by the alien (regardless of whether the this subsection, the Administrator shall con- any terrorist activity (as defined in section legal relationship terminates), the spouse or sider— 212(a)(3)(B)(iv)); or child may apply for classification as a reg- (i) the impact of the proposal on reducing ‘‘(iv) was, on April 16, 2013— istered provisional immigrant. wait times at that port of entry and other ‘‘(I) an alien lawfully admitted for perma- ‘‘(C) EFFECT OF DISQUALIFICATION OF PAR- ports of entry on the same border; nent residence; ENT.—Notwithstanding subsection (c)(3), if (ii) the potential of the proposal to in- ‘‘(II) an alien admitted as a refugee under the application of a spouse or parent for reg- crease trade and travel efficiency through section 207 or granted asylum under section istered provisional immigrant status is ter- added capacity; and 208; or minated or revoked, the husband, wife, or (iii) the potential of the proposal to en- ‘‘(III) an alien who, according to the child of that spouse or parent shall be eligi- hance the security of the port of entry. records of the Secretary or the Secretary of ble to apply for registered provisional immigrant status independent of the parent or (d) DELEGATION.—For facilities where the State, is lawfully present in the United Administrator has delegated or transferred States in any nonimmigrant status (other spouse. to the Secretary, operations, ownership, or than an alien considered to be a non- ‘‘(c) APPLICATION PROCEDURES.— other authorities over land border ports of immigrant solely due to the application of ‘‘(1) IN GENERAL.—An alien, or the depend- entry, the authorities and requirements of section 244(f)(4) or the amendment made by ent spouse or child of such alien, who meets

VerDate Mar 15 2010 05:15 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.035 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5080 CONGRESSIONAL RECORD — SENATE June 24, 2013 the eligibility requirements set forth in sub- ‘‘(II) has previously been deported; or (2) by amending subsection (b)(1) to read as section (b) may apply for status as a reg- ‘‘(III) without just cause, has failed to re- follows: istered provisional immigrant or a registered spond to a notice to appear as required under ‘‘(1) IN GENERAL.—Any property, real or provisional immigrant dependent, as applica- section 239; and personal, involved in or used to facilitate the ble, by submitting a completed application ‘‘(ii) may, in the sole discretion of the Sec- commission of a violation or attempted vio- form to the Secretary during the application retary, interview any other applicant for lation of subsection (a), the gross proceeds of period set forth in paragraph (3), in accord- registered provisional immigrant status such violation or attempted violation, and ance with the final rule promulgated by the under this section. any property traceable to such property or Secretary under the Border Security, Eco- proceeds, shall be seized and subject to for- nomic Opportunity, and Immigration Mod- SA 1623. Mr. CORNYN submitted an feiture.’’. ernization Act. An applicant for registered amendment intended to be proposed to SEC. lll. RESPECT FOR VICTIMS OF HUMAN provisional immigrant status shall be treat- amendment SA 1183 submitted by Mr. SMUGGLING. ed as an applicant for admission. (a) VICTIM REMAINS.—The Attorney Gen- LEAHY (for himself and Mr. HATCH) to ‘‘(2) PAYMENT OF TAXES.— eral shall appoint an official to ensure that ‘‘(A) IN GENERAL.—An alien may not file an the bill S. 744, to provide for com- information regarding missing aliens and un- application for registered provisional immi- prehensive immigration reform and for identified remains found in the covered area grant status under paragraph (1) unless the other purposes; which was ordered to are included in a database of the National applicant has satisfied any applicable Fed- lie on the table; as follows: Missing and Unidentified Persons System. eral tax liability. Strike title V of the amendment. (b) REIMBURSEMENT.—The Secretary shall ‘‘(B) DEFINITION OF APPLICABLE FEDERAL reimburse county, municipal, and tribal gov- TAX LIABILITY.—In this paragraph, the term SA 1624. Mr. CORNYN submitted an ernments in the United States that are lo- ‘applicable Federal tax liability’ means all amendment intended to be proposed to cated in the covered area for costs associated Federal income taxes assessed in accordance with the transportation and processing of with section 6203 of the Internal Revenue amendment SA 1183 submitted by Mr. unidentified remains, found in the desert or Code of 1986. LEAHY (for himself and Mr. HATCH) to on ranch lands, on the condition that the re- ‘‘(C) DEMONSTRATION OF COMPLIANCE.—An the bill S. 744, to provide for com- mains are transferred either to an official applicant may demonstrate compliance with prehensive immigration reform and for medical examiner’s office, or a local univer- this paragraph by submitting appropriate other purposes; which was ordered to sity with the capacity to analyze human re- documentation, in accordance with regula- lie on the table; as follows: mains using forensic best practices. tions promulgated by the Secretary, in con- (c) BORDER CROSSING DATA.—The National At the appropriate place, insert the fol- sultation with the Secretary of the Treas- Institute of Justice shall encourage genetic lowing: ury. laboratories receiving Federal grant monies ‘‘(3) APPLICATION PERIOD.— SEC. lll. TARGETING TRANSNATIONAL CRIMI- to process samples from unidentified re- ‘‘(A) INITIAL PERIOD.—Except as provided in NAL ORGANIZATIONS THAT ENGAGE mains discovered within the covered area IN MONEY LAUNDERING. subparagraph (B), the Secretary may only and compare the resulting genetic profiles Section 1956(c)(7) of title 18, United States accept applications for registered provisional against samples from the relatives of any Code, is amended— immigrant status from aliens in the United missing individual, including those provided (1) in subparagraph (E), by striking ‘‘or’’ States during the 1-year period beginning on by foreign consulates or authorized entities. after the semicolon; the date on which the final rule is published (d) COVERED AREA DEFINED.—In this sec- in the Federal Register pursuant to para- (2) in subparagraph (F), by inserting ‘‘or’’ tion, the term ‘‘covered area’’ means the graph (1). after the semicolon; and area of United States within 200 miles of the ‘‘(B) EXTENSION.—If the Secretary deter- (3) by adding at the end the following: international border between the United mines, during the initial period described in ‘‘(G) any act that is indictable under the States and Mexico. subparagraph (A), that additional time is re- Immigration and Nationality Act (8 U.S.C. (e) AUTHORIZATION OF APPROPRIATIONS.— quired to process applications for registered 1101 et seq.), including section 274 of such There are authorized to be appropriated such provisional immigrant status or for other Act (relating to bringing in and harboring sums as may be necessary for each of the fis- good cause, the Secretary may extend the certain aliens), section 277 of such Act (relat- cal years 2014 through 2018 to carry out this period for accepting applications for such ing to aiding or assisting certain aliens to section. status for an additional 18 months. enter the United States), or section 278 of SEC. lll. PUTTING THE BRAKES ON HUMAN ‘‘(4) APPLICATION FORM.— such Act (relating to importation of an alien SMUGGLING ACT. ‘‘(A) REQUIRED INFORMATION.— for an immoral purpose);’’. (a) SHORT TITLE.—This section may be ‘‘(i) IN GENERAL.—The application form re- SEC. lll. DANGEROUS HUMAN SMUGGLING, cited as the ‘‘Putting the Brakes on Human ferred to in paragraph (1) shall collect such HUMAN TRAFFICKING, AND HUMAN Smuggling Act’’. information as the Secretary determines to RIGHTS VIOLATIONS. (b) FIRST VIOLATION.—Paragraph (1) of sec- be necessary and appropriate, including, for (a) BRINGING IN AND HARBORING CERTAIN tion 31310(b) of title 49, United States Code, the purpose of understanding immigration ALIENS.—Section 274 (8 U.S.C. 1324) is amend- is amended— trends— ed— (1) in subparagraph (D), by striking the ‘‘(I) an explanation of how, when, and (1) in subsection (a)(1)(B)— ‘‘or’’ at the end; where the alien entered the United States; (A) by redesignating clauses (iii) and (iv) (2) in subparagraph (E), by striking the pe- ‘‘(II) the country in which the alien resided as clauses (vi) and (vii), respectively; riod at the end and inserting a semicolon and before entering the United States; and (B) by inserting after clause (ii) the fol- ‘‘or’’; and ‘‘(III) other demographic information spec- lowing: (3) by adding at the end the following: ified by the Secretary. ‘‘(iii) in the case of a violation of subpara- ‘‘(F) using a commercial motor vehicle in ‘‘(ii) PRIVACY PROTECTIONS.—Information graph (A)(i), (ii), (iii), (iv), or (v) that is the willfully aiding or abetting an alien’s illegal described in subclauses (I) through (III) of third or subsequent offense committed by entry into the United States by trans- clause (i), which shall be provided anony- such person under this section, be fined porting, guiding, directing, or attempting to mously by the applicant on the application under title 18, United States Code, impris- assist the alien with the alien’s entry in vio- form referred to in paragraph (1), shall be oned not less than 5 years and not more than lation of section 275 of the Immigration and subject to the same confidentiality provi- 25 years, or both; Nationality Act (8 U.S.C. 1325), regardless of sions as those set forth in section 9 of title ‘‘(iv) in the case of a violation of subpara- whether the alien is ultimately fined or im- 13, United States Code. graph (A)(i), (ii), (iii), (iv), or (v) that neg- prisoned for an act in violation of such sec- ‘‘(iii) REPORT.—The Secretary shall submit ligently, recklessly, knowingly, or intention.’’. a report to Congress that contains a sum- tionally results in a victim being involun- (c) SECOND OR MULTIPLE VIOLATIONS.— mary of the statistical data about immigra- tarily forced into labor or prostitution, be Paragraph (1) of section 31310(c) of title 49, tion trends collected pursuant to clause (i). fined under title 18, United States Code, im- United States Code, is amended— ‘‘(B) FAMILY APPLICATION.—The Secretary prisoned not less than 5 years and not more (1) in subparagraph (E), by striking the shall establish a process through which an than 25 years, or both; ‘‘or’’ at the end; alien may submit a single application under ‘‘(v) in the case of a violation of subpara- (2) by redesignating subparagraph (F) as this section on behalf of the alien, his or her graph (A)(i),(ii),(iii),(iv),or (v) during and in subparagraph (G); spouse, and his or her children who are resid- relation to which any person is subjected to (3) in subparagraph (G), as so redesignated, ing in the United States. an involuntary sexual act (as defined in sec- by striking ‘‘(E)’’ and inserting ‘‘(F)’’; and ‘‘(C) INTERVIEW.—In order to determine tion 2246(2) of title 18, United States Code), (4) by inserting after subparagraph (E) the whether an applicant meets the eligibility be fined under title 18, United States Code, following: requirements set forth in subsection (b), the imprisoned for not less than 5 years and not ‘‘(F) using a commercial motor vehicle on Secretary— more than 25 years, or both;’’ and more than one occasion in willfully aiding or ‘‘(i) shall interview each applicant who— (C) in clause (vi), as redesignated, by strik- abetting an alien’s illegal entry into the ‘‘(I) has been convicted of any criminal of- ing inserting ‘‘and not less than 10’’ before United States by transporting, guiding, di- fense; ‘‘years’’; and recting and attempting to assist the alien

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with alien’s entry in violation of section 275 ‘‘(C) A restraining order may be issued pur- ‘‘(e) MONETARY INSTRUMENTS WITH AMOUNT of the Immigration and Nationality Act (8 suant to subparagraph (A) if a person is ar- LEFT BLANK.—For purposes of this section, a U.S.C. 1325), regardless of whether the alien rested or charged with any offense for which monetary instrument in bearer form that is ultimately fined or imprisoned for an act forfeiture is authorized under this title, title has the amount left blank, such that the in violation of such section; or’’. 31, or the Controlled Substances Act (21 amount could be filled in by the bearer, shall (d) LIFETIME DISQUALIFICATION.—Sub- U.S.C. 801 et seq.). be considered to have a value in excess of section (d) of section 31310 of title 49, United ‘‘(D) For purposes of this section— $10,000 if the instrument was drawn on an ac- States Code, is amended to read as follows: ‘‘(i) the term ‘account’ includes any safe count that contained or was intended to con- ‘‘(d) LIFETIME DISQUALIFICATION.—The Sec- deposit box and any account (as defined in tain more than $10,000 at the time the instru- retary shall disqualify from operating a com- paragraphs (1) and (2) of section 5318A(e) of ment was transported or the time period it mercial motor vehicle for life an individual title 31, United States Code) at any financial was negotiated or was intended to be nego- who uses a commercial motor vehicle— institution; and tiated.’’. ‘‘(1) in committing a felony involving man- ‘‘(ii) the term ‘account held by the person ufacturing, distributing, or dispensing a con- SEC. lll. CLOSING THE LOOPHOLE ON DRUG arrested or charged’ includes an account held CARTEL ASSOCIATES ENGAGED IN trolled substance, or possessing with the in- in the name of such person, and any account MONEY LAUNDERING. tent to manufacture, distribute, or dispense over which such person has effective control (a) PROCEEDS OF A FELONY.—Section a controlled substance; or as a signatory or otherwise. 1956(c)(1) of title 18, United States Code, is ‘‘(2) in committing an act for which the in- ‘‘(E) Restraint pursuant to this paragraph amended by inserting ‘‘, and regardless of dividual is convicted under— shall not be deemed a ‘seizure’ for purposes whether or not the person knew that the ac- ‘‘(A) section 274 of the Immigration and of subsection 983(a) of this title. tivity constituted a felony’’ before the semi- Nationality Act (8 U.S.C. 1324); or ‘‘(F) A restraining order issued pursuant to colon at the end. ‘‘(B) section 277 of such Act (8 U.S.C. this paragraph may be executed in any dis- (b) INTENT TO CONCEAL OR DISGUISE.—Sec- 1327).’’. trict in which the subject account is found, tion 1956(a) of title 18, United States Code, is (e) REPORTING REQUIREMENTS.— or transmitted to the central authority of amended— (1) COMMERCIAL DRIVER’S LICENSE INFORMA- any foreign State for service in accordance (1) in paragraph (1)(B), by striking ‘‘(B) TION SYSTEM.—Paragraph (1) of section with any treaty or other international agree- knowing that’’ and all that follows through 31309(b) of title 49, United States Code, is ment.’’. amended— ‘‘Federal law,’’ and inserting the following: (A) in subparagraph (E), by striking ‘‘and’’ SEC. lll. CRIMINAL PROCEEDS LAUNDERED ‘‘(B) knowing that the transaction— THROUGH PREPAID ACCESS DE- ‘‘(i) conceals or disguises, or is intended to at the end; VICES, DIGITAL CURRENCIES, OR (B) in subparagraph (F), by striking the pe- conceal or disguise, the nature, source, loca- OTHER SIMILAR INSTRUMENTS. tion, ownership, or control of the proceeds of riod at the end and inserting a semicolon and (a) IN GENERAL.—Section 5312(a) of title 31, ‘‘and’’; and some form of unlawful activity; or United States Code, is amended— ‘‘(ii) avoids, or is intended to avoid, a (C) by adding at the end the following new (1) by striking paragraph (2)(K) and insert- subparagraph: transaction reporting requirement under ing the following: State or Federal law,’’; and ‘‘(G) whether the operator was disqualified, ‘‘(K) an issuer, redeemer, or cashier or either temporarily or for life, from operating (2) in paragraph (2)(B), by striking ‘‘(B) travelers’ checks, checks, money orders, pre- knowing that’’ and all that follows through a commercial motor vehicle under section paid access devices, digital currencies, or 31310, including under subsection (b)(1)(F), ‘‘Federal law,’’ and inserting the following: other similar instruments;’’; ‘‘(B) knowing that the monetary instru- (c)(1)(F), or (d) of such section.’’. (2) in paragraph (3)(B), by inserting ‘‘pre- (2) NOTIFICATION BY THE STATE.—Paragraph ment or funds involved in the transpor- paid access devices,’’ after ‘‘delivery,’’; tation, transmission, or transfer represent (8) of section 31311(a) of title 49, United (3) by redesignating paragraph (6) as para- States Code, is amended by inserting ‘‘in- the proceeds of some form of unlawful activ- graph (7); and ity, and knowing that such transportation, cluding such a disqualification, revocation, (4) by inserting after paragraph (5) the fol- suspension, or cancellation made pursuant to transmission, or transfer— lowing: ‘‘(i) conceals or disguises, or is intended to a disqualification under subsection (b)(1)(F), ‘‘(6) ‘prepaid access device’ means an elec- (c)(1)(F), or (d) of section 31310,’’ after ‘‘60 conceal or disguise, the nature, source, loca- tronic device or vehicle, such as a card, tion, ownership, or control of the proceeds of days,’’. plate, code, number, electronic serial num- SEC. lll. FREEZING BANK ACCOUNTS OF some form of unlawful activity; or ber, mobile identification number, personal ‘‘(ii) avoids, or is intended to avoid, a INTERNATIONAL CRIMINAL ORGANI- identification number, or other instrument ZATIONS AND MONEY LAUNDERERS. transaction reporting requirement under that provides a portal to funds or the value Section 981(b) of title 18, United States State or Federal law,’’. Code, is amended by adding at the end the of funds that have been paid in advance and can be retrievable and transferable at some SEC. lll. DIRECTIVE TO UNITED STATES SEN- following: TENCING COMMISSION; EMERGENCY ‘‘(5)(A) If a person is arrested or charged in point in the future.’’. AUTHORITY. (b) GAO REPORT.—Not later than 18 months connection with an offense described in sub- (a) IN GENERAL.—The United States Sen- after the date of enactment of this Act, the paragraph (C) involving the movement of tencing Commission shall review and, if ap- Comptroller General of the United States funds into or out of the United States, the propriate, amend the Federal sentencing shall submit to Congress a report on— Attorney General may apply to any Federal guidelines and policy statements as the (1) the impact the amendments made by judge or magistrate judge in the district in Commission considers appropriate to re- subsection (a) has had on law enforcement, which the arrest is made or where the spond to this Act. the prepaid access industry, and consumers; charges are filed for an ex parte order re- (b) EMERGENCY AUTHORITY.—In carrying straining any account held by the person ar- and out subsection (a), the Commission may pro- rested or charged for not more than 30 days, (2) the implementation and enforcement by mulgate amendments to the Federal sen- except that such 30-day time period may be the Department of Treasury of the final rule tencing guidelines and policy statements in extended for good cause shown at a hearing on Definitions and Other Regulations Relat- accordance with the procedures set forth in conducted in the manner provided in Rule ing to Prepaid Access (76 Fed. Reg. 45403), section 21(a) of the Sentencing Act of 1987 (28 43(e) of the Federal Rules of Civil Procedure. issued July 26, 2011. U.S.C. 994 note), as though the authority (c) CUSTOMS AND BORDER PROTECTION The court may receive and consider evidence under that Act had not expired. and information submitted by the Govern- STRATEGY FOR PREPAID ACCESS DEVICES.— ment that would be inadmissible under the Not later than 18 months after the date of Ms. LANDRIEU (for herself, Federal Rules of Evidence. the enactment of this Act, the Secretary of SA 1625. ‘‘(B) The application for the restraining Homeland Security, in consultation with the Mr. COATS, Mrs. SHAHEEN, and Mr. order referred to in subparagraph (A) shall— Commissioner responsible for U.S. Customs FRANKEN) submitted an amendment in- ‘‘(i) identify the offense for which the per- and Border Protection, shall submit to Con- tended to be proposed to amendment son has been arrested or charged; gress a report detailing a strategy to inter- SA 1183 submitted by Mr. LEAHY (for ‘‘(ii) identify the location and description dict and detect prepaid access devices, dig- himself and Mr. HATCH) to the bill S. of the accounts to be restrained; and ital currencies, or other similar instruments, 744, to provide for comprehensive im- ‘‘(iii) state that the restraining order is at border crossings and other ports of entry migration reform and for other pur- needed to prevent the removal of the funds for the United States. The report shall in- poses; which was ordered to lie on the in the account by the person arrested or clude an assessment of infrastructure needs charged, or by others associated with such to carry out the strategy detailed in the re- table; as follows: person, during the time needed by the Gov- port. In section 3101 of the amendment, strike ernment to conduct such investigation as SEC. lll. FIGHTING MONEY SMUGGLING subsections (c) and (d), and insert the fol- may be necessary to establish whether there THROUGH BLANK CHECKS IN BEAR- lowing: is probable cause to believe that the funds in ER FORM. (c) REPORT ON IMPACT OF THE SYSTEM ON the accounts are subject to forfeiture in con- Section 5316 of title 31, United States Code, EMPLOYERS.—Not later than 18 months after nection with the commission of any criminal is amended by adding at the end the fol- the date of the enactment of this Act, the offense. lowing: Secretary, in consultation with the Chief

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.037 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5082 CONGRESSIONAL RECORD — SENATE June 24, 2013 Counsel of the Office of Advocacy of the tem prior to the time at which utilization of (ii) to minimize the adverse impacts from Small Business Administration, shall submit the System becomes mandatory for all em- such ports on the environment, historic and to Congress a report that assesses— ployers. cultural resources, commerce, and the qual- (1) the implementation of the Employment ity of life for the communities and residents Verification System established under sec- SA 1626. Ms. LANDRIEU (for herself, located near such ports. tion 274A(d) of the Immigration and Nation- Mr. CARPER, and Mr. BEGICH) submitted (B) SAVINGS PROVISION.—Nothing in this ality Act, as amended by subsection (a), by an amendment intended to be proposed paragraph may be construed— employers; to amendment SA 1183 submitted by (i) to create any right or liability of the (2) any adverse impact on the revenues, parties described in subparagraph (A); and business processes, or profitability of em- Mr. LEAHY (for himself and Mr. HATCH) (ii) to affect any consultation requirement ployers required to use such System; and to the bill S. 744, to provide for com- under any other law. (3) the economic impact of such System on prehensive immigration reform and for (6) SUPPLEMENTAL FUNDING.—Property (in- small businesses. other purposes; which was ordered to cluding monetary donations) and services (d) GOVERNMENT ACCOUNTABILITY OFFICE lie on the table; as follows: provided pursuant to paragraph (1) may be STUDY OF THE EFFECTS OF DOCUMENT RE- In section 1104 of the amendment, insert used in addition to any other funding (in- QUIREMENTS ON EMPLOYMENT AUTHORIZED cluding appropriated funds), property, or after subsection (c) the following: PERSONS AND EMPLOYERS.— services made available for the same pur- (d) DONATIONS FOR LAND PORTS OF ENTRY (1) STUDY.—The Comptroller General of the pose. FACILITIES.— United States shall carry out a study of— (7) UNCONDITIONAL DONATIONS.—A donation (1) DONATIONS PERMITTED.—Notwith- (A) the effects of the documentary require- provided pursuant to paragraph (1) shall be standing any other provision of law, includ- ments of section 274A of the Immigration made unconditionally, although the donor ing chapter 33 of title 40, United States Code, and Nationality Act, as amended by sub- may specify— the Secretary, for purposes of constructing, section (a), on employers, naturalized United (A) the land port of entry facility or facili- altering, operating, or maintaining a new or States citizens, nationals of the United ties to be benefitted from such donation; and existing land port of entry facility, may ac- States, and individuals with employment au- (B) the timeframe during which the do- thorized status; and cept donations of real and personal property nated property or services shall be used. (including monetary donations) and nonper- (B) the challenges such employers, citi- (8) RETURN OF DONATIONS.—If the Secretary zens, nationals, or individuals may face in sonal services from private parties and State or the Administrator does not use the prop- obtaining the documentation required under and local government entities. erty or services donated pursuant to para- that section. (2) ALLOWABLE USES OF DONATIONS.—The graph (1) for the specific land port of entry (2) REPORT.—Not later than 4 years after Secretary, with respect to any donation pro- facility or facilities designated by the donor the date of the enactment of this Act, the vided pursuant to paragraph (1), may— or within the timeframe specified by the Comptroller General shall submit to Con- (A) use such property or services for nec- donor, such donated property or services gress a report containing the findings of the essary activities related to the construction, shall be returned to the entity that made the study carried out under paragraph (1). Such alteration, operation, or maintenance of a donation. No interest shall be owed to the report shall include, at a minimum, the fol- new or existing land port of entry facility donor with respect to any donation of fund- lowing: under the custody and control of the Sec- ing provided under paragraph (1) that is re- (A) An assessment of available information retary, including expenses related to— turned pursuant to this paragraph. regarding the number of working age nation- (i) land acquisition, design, construction, (9) REPORT.— als of the United States and individuals who repair and alteration; (A) IN GENERAL.—Not later than 1 year have employment authorized status who (ii) furniture, fixtures, and equipment; after the date of the enactment of this Act, lack documents required for employment by (iii) the deployment of technology and and annually thereafter, the Secretary, in such section 274A. equipment; and consultation with the Administrator, shall (B) A description of the additional steps re- (iv) operations and maintenance; or submit a report to the congressional com- quired for individuals who have employment (B) transfer such property or services to mittees listed in subparagraph (B) that de- authorized status and do not possess the doc- the Administrator of General Services for scribes— uments required by such section 274A to ob- necessary activities described in paragraph (i) the accepted donations received under tain such documents. (1) related to a new or existing land port of this subsection; (C) A general assessment of the average fi- entry facility under the custody and control (ii) the ports of entry that received such nancial costs for individuals who have em- of the Administrator. donations; and ployment authorized status who do not pos- (3) EVALUATION PROCEDURES.—Not later (iii) how each donation helped facilitate sess the documents required by such section than 180 days after the date of the enactment the construction, alteration, operation, or 274A to obtain such documents. of this Act, the Secretary, in consultation maintenance of a new or existing land port (D) A general assessment, conducted in with the Administrator, shall establish proof entry. consultation with the Chief Counsel of the cedures for evaluating a proposal submitted (B) CONGRESSIONAL COMMITTEES.—The con- Office of Advocacy of the Small Business Ad- by any person described in paragraph (1) to gressional committees listed in this subpara- ministration, of the average financial costs make a donation of real or personal property graph are— and challenges for employers who have been (including monetary donations) or nonper- (i) the Committee on Appropriations of the required to participate in the Employment sonal services to facilitate the construction, Senate; Verification System established by sub- alteration, operation, or maintenance of a (ii) the Committee on Homeland Security section (d) of such section 274A. new or existing land port of entry facility and Governmental Affairs of the Senate; (E) A description of the barriers to individ- under the custody and control of the Sec- (iii) the Committee on Finance of the Sen- uals who have employment authorized status retary. ate; in obtaining the documents required by such (4) CONSIDERATIONS.—In determining (iv) the Committee on Appropriations of section 274A, including barriers imposed by whether or not to approve a proposal de- the House of Representatives; the executive branch of the Government. scribed in paragraph (3), the Secretary or the (v) the Committee on Homeland Security (F) Any particular challenges facing indi- Administrator shall consider— of the House of Representatives; and viduals who have employment authorized (A) the impact of the proposal on reducing (vi) the Committee on Ways and Means of status who are members of a federally recog- wait times at that port of entry and other the House of Representatives. nized Indian tribe in complying with the pro- ports of entry on the same border; (10) SAVINGS PROVISION.—Nothing in this visions of such section 274A. (B) the potential of the proposal to in- subsection may be construed to affect or (e) EARLY ADOPTION FOR SMALL EMPLOY- crease trade and travel efficiency through alter the existing authority of the Secretary ERS.— added capacity; or the Administrator of General Services to (1) IN GENERAL.—Not later than 1 year after (C) the potential of the proposal to en- construct, alter, operate, and maintain land the date of enactment of this Act, the Sec- hance the security of the port of entry; and port of entry facilities. retary shall create a mobile application and (D) other factors that the Secretary deter- utilize other available smart-phone tech- mines to be relevant. SA 1627. Ms. LANDRIEU (for herself nology for employers utilizing the System, (5) CONSULTATION.— and Mr. COCHRAN) submitted an amend- to encourage small employers to utilize the (A) LOCATIONS FOR NEW PORTS OF ENTRY.— ment intended to be proposed to System prior to the time at which utiliza- The Secretary is encouraged to consult with amendment SA 1183 submitted by Mr. tion becomes mandatory for all employers. the Secretary of the Interior, the Secretary LEAHY (for himself and Mr. HATCH) to (2) MARKETING.—Not later than 1 year after of Agriculture, the Secretary of State, the the date of enactment of this Act, the Sec- International Boundary and Water Commis- the bill S. 744, to provide for com- retary shall, in consultation with the Ad- sion, and appropriate representatives of prehensive immigration reform and for ministrator of the Small Business Adminis- States, local governments, Indian tribes, and other purposes; which was ordered to tration, make available marketing and other property owners— lie on the table; as follows: incentives to small business concerns to en- (i) to determine locations for new ports of At the end of section 4806, add the fol- courage small employers to utilize the Sys- entry; and lowing:

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(j) REPORTS.— application process, under which the Sec- Opportunity, and Immigration Moderniza- (1) REQUIREMENT FOR REPORTS.—Not later retary— tion Act, and every 4 years thereafter, as than 90 days after the date of the enactment ‘‘(i) may waive the fee for premium proc- part of the report submitted under subpara- of this Act, and every 180 days thereafter, essing under section 286(u) for a business graph (E), the Bureau of Immigration and the Secretary shall submit to the Committee that— Labor Market Research shall include de- on the Judiciary and the Committee on Ap- ‘‘(I) is considered a small business with not scription of the impact of the application propriations of the Senate and the Com- more than 25 employees; process on the on small business, which shall mittee on the Judiciary and the Committee ‘‘(II) is not considered an H-1B dependent take into consideration— on Appropriations of the House of Represent- employer; and ‘‘(i) the cost to apply for the visas; atives a report on the EB-5 program carried ‘‘(III) reports a business income on the tax ‘‘(ii) the impact of the fee waiver under out pursuant to section 203(b)(5) of the Immi- filings for the previous year of not more than subparagraph (A)(i) on small businesses; and gration and Nationality (8 U.S.C. 1153(b)(5)), $250,000; and ‘‘(iii) recommendations for streamlining as amended by this section. ‘‘(ii) shall, to the extent practicable, create the application process, including rec- (2) CONTENT.—Each report required by or modify an online interface capable of pro- ommended modifications and updates to the paragraph (1) shall include the following: viding real time feedback and error mitiga- online user interface and mobile applica- (A) The number of applications pending for tion technology that can be used by small tion.’’. an immigrant visa described in section businesses and other employers with the pur- 203(b)(5) of the Immigration and Nationality pose of increasing employer access in SA 1630. Ms. LANDRIEU (for herself, Act (8 U.S.C. 1153(b)(5)), disaggregated by streamlining the H-1B visa application proc- Ms. HIRONO, and Mr. FRANKEN) sub- State. ess. mitted an amendment intended to be (B) The period of time each such applica- ‘‘(B) The total amount of fees waived dur- proposed to amendment SA 1183 sub- ing a fiscal year by the Secretary under sub- tion has been pending. mitted by Mr. LEAHY (for himself and (C) The average length of time required to paragraph (A)(i) shall be added to the pro- Mr. HATCH) to the bill S. 744, to provide conduct an economic evaluation of a project jected cost for the service in the following and suitability of a petitioner for such a visa fiscal year and a revised fee shall be estab- for comprehensive immigration reform and the Secretary’s goals for these time- lished based on the projected cost. and for other purposes; which was or- frames. ‘‘(C) The Secretary shall, to the extent dered to lie on the table; as follows: practicable, create an online interface and (D) A description of any additional re- At the appropriate place, insert the fol- mobile application that can be used by small sources necessary to efficiently administer lowing: the EB-5 program carried out pursuant to businesses and other employers with the purpose of increasing employer access in SEC. lll. BEST INTEREST OF THE CHILD. such section 203(b)(5). streamlining the H-1B visa application proc- (a) IN GENERAL.—In all procedures and de- (E) The number of applications that have ess. cisions concerning unaccompanied alien chil- been approved or denied for such a visa in ‘‘(D)(i) The Secretary, in coordination with dren that are made by a Federal agency or a the most recent reporting period with an ac- the Administrator of the Small Business Ad- Federal court pursuant to the Immigration companying explanation of reasons for such ministration, shall set a goal of not less than and Nationality Act (8 U.S.C. 1101 et seq.) or approval or denial, disaggregated by State. 30 percent of H-1B visas being awarded to regulations implementing the Act, the best (F) The number of jobs created by such EB- small businesses. interests of the child shall be a primary con- 5 program in each 180-day period, ‘‘(ii) Of the goal amount described in sideration. disaggregated by State. clause (i)— (b) DETERMINATIONS RELATED TO SECTION (G) The types of projects proposed and the ‘‘(I) 1/3 of the goal shall be reserved for 101(A)(27)(J) OF THE IMMIGRATION AND NATION- number of aliens granted such a visa in each businesses with not more than 25 employees; ALITY ACT.—Best interests determinations 180-day period, disaggregated by State and and made in administrative or judicial pro- by North American Industry Classification ‘‘(II) 2/3 of the goal may be used by busi- ceedings described in section 101(a)(27)(J) of System (NAICS) code. nesses with not more than 500 employees. the Immigration and Nationality Act (8 ‘‘(iii) The goal described in clause (i) may U.S.C. 1101(a)(27)(J)) shall be conclusive in SA 1628. Ms. LANDRIEU submitted be modified by the Secretary, in consulta- assessing the best interests of the child an amendment intended to be proposed tion with the Administrator of the Small under this section. to amendment SA 1183 submitted by Business Administration, based on any feed- (c) FACTORS.—In assessing the best inter- Mr. LEAHY (for himself and Mr. HATCH) back provided by the Office of Advocacy of ests of the child, the entities referred to in to the bill S. 744, to provide for com- the Small Business Administration. subsection (a) shall consider, in the context ‘‘(E) The Bureau of Immigration and Labor of the child’s age and maturity, the fol- prehensive immigration reform and for Market Research shall submit a report, on other purposes; which was ordered to lowing factors: an annual basis, to the Committee on the Ju- (1) The views of the child. lie on the table; as follows: diciary of the Senate, the Small Business (2) The safety and security considerations After section 3716, insert the following: and Entrepreneurship Committee of the Sen- of the child. SEC. 3717. COST EFFECTIVENESS IN DETENTION ate, the Committee on the Judiciary of the (3) The mental and physical health of the FACILITY CONTRACTING. House of Representatives, and the Small child. The Director of U.S. Immigration and Cus- Business and Entrepreneurship Committee of (4) The parent-child relationship and fam- toms Enforcement shall take appropriate the House of Representatives that contains— ily unity, and the potential effect of sepa- ‘‘(i) the total number of H-1B visa applica- measures to minimize, and if possible reduce, rating the child from the child’s parent or tions broken down by business size category the daily bed rate charged to the Federal legal guardian, siblings, and other members and expressed as a percentage of the total— Government through a competitive process of the child’s extended biological family. ‘‘(I) 0–25 employees; in contracting for or otherwise obtaining de- (5) The child’s sense of security, famili- ‘‘(II) 26–50 employees; tention beds while ensuring that the most arity, and attachments. ‘‘(III) 50–100 employees; recent detention standards, including health (6) The child’s well-being, including the ‘‘(IV) 100–500 employees; or standards, and management practices em- need of the child for education and support ployed by the agency are met. ‘‘(V) more than 500 employees; ‘‘(ii) the total number of H-1B visa applica- related to child development. (7) The child’s ethnic, religious, and cul- SA 1629. Ms. LANDRIEU (for herself tions broken down by North American Indus- try Classification System (NAICS) Code and tural and linguistic background. and Mr. KIRK) submitted an amend- expressed as a percentage of the total; and ment intended to be proposed to ‘‘(iii) the percentage and number of— SA 1631. Ms. LANDRIEU submitted amendment SA 1183 submitted by Mr. ‘‘(I) small businesses to apply for H-1B an amendment intended to be proposed LEAHY (for himself and Mr. HATCH) to visas; to amendment SA 1183 submitted by the bill S. 744, to provide for com- ‘‘(II) small businesses awarded H-1B visas; Mr. LEAHY (for himself and Mr. HATCH) prehensive immigration reform and for ‘‘(III) small businesses that used the pre- to the bill S. 744, to provide for com- other purposes; which was ordered to mium processing service; prehensive immigration reform and for lie on the table; as follows: ‘‘(IV) all businesses that used the premium other purposes; which was ordered to processing service and were awarded H-1B In title IV of the amendment, insert after visas; and lie on the table; as follows: section 4224 the following: ‘‘(V) all businesses that did not use the At the appropriate place, insert the fol- SEC. 4225. SMALL BUSINESS EXPRESS LANE. premium processing service and were award- lowing: Section 212(n) of the Immigration and Na- ed H-1B visas; and SEC. lll. PROHIBITION ON WAIVER OF SMALL tionality Act (8 U.S.C. 1182(n)), as amended ‘‘(iv) a longitudinal and graphical view of BUSINESS PROCUREMENT PROVI- by section 4231, is amended by adding at the the small business percentages described in SIONS. end the following: subparagraph (D) and this subparagraph. Part 19 of the Federal Acquisition Regula- ‘‘(8)(A) The Secretary shall establish a ‘‘(F) Beginning 4 years after the date of en- tion, section 15 of the Small Business Act (15 small business express lane for the H-1B visa actment of the Border Security, Economic U.S.C. 644), and any other applicable laws or

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.041 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5084 CONGRESSIONAL RECORD — SENATE June 24, 2013 regulations establishing procurement re- other purposes; which was ordered to ‘‘(i) EXAMINATION BY EMPLOYER.—An em- quirements relating to small business con- lie on the table; as follows: ployer shall attest, under penalty of perjury cerns (as defined in section 3 of the Small At the end of subtitle A of title IV of the on a form prescribed by the Secretary, that Business Act (15 U.S.C. 632)) may not be amendment, insert the following: the employer has verified the identity and waived with respect to any contract awarded employment authorization status of the indi- SEC. 4106. ADDITIONAL REQUIREMENTS FOR under any program or other authority under STEM EDUCATION PROGRAMS. vidual— this Act or an amendment made by this Act, (a) LOW-INCOME STEM SCHOLARSHIP PRO- ‘‘(I) by examining— other than as provided under subsection GRAM.—For purposes of paragraph (3)(B) of ‘‘(aa) a document specified in subparagraph (a)(2) or (c) of section 2108 of this Act. 286(s) of the Immigration and Nationality (C); or ‘‘(bb) a document specified in subparagraph SA 1632. Ms. LANDRIEU (for herself Act, as added by section 4104(b), the Director of the National Science Foundation shall (D) and a document specified in subpara- and Mr. MORAN) submitted an amend- consider veterans to be an underrepresented graph (E); and ment intended to be proposed to group. ‘‘(II) by utilizing an identity authentica- amendment SA 1183 submitted by Mr. (b) NATIONAL EVALUATION.—In conducting tion mechanism described in clause (iii) or LEAHY (for himself and Mr. HATCH) to the annual evaluation of the implementation (iv) of subparagraph (F). the bill S. 744, to provide for com- and impact of the activities funded by the ‘‘(ii) PUBLICATION OF DOCUMENTS.—The Sec- prehensive immigration reform and for STEM Education and Training Account retary shall publish a picture of each docu- other purposes; which was ordered to under section 4104(d), the Secretary of Edu- ment specified in subparagraphs (C) and (E) cation shall include an assessment of— lie on the table; as follows: on the U.S. Citizenship and Immigration (1) engagement in STEM fields of underrep- Services website. At the end of subtitle A of title IV of the resented groups such as women and minori- ‘‘(B) REQUIREMENTS.— amendment, insert the following: ties; and ‘‘(i) FORM.—The form referred to in sub- SEC. 4106. ADDITIONAL REQUIREMENTS FOR (2) achievement in STEM fields of under- paragraph (A)(i)— STEM EDUCATION PROGRAMS. represented groups such as women and mi- ‘‘(I) shall be prescribed by the Secretary (a) LOW-INCOME STEM SCHOLARSHIP PRO- norities. not later than 6 months after the date of the GRAM.—For purposes of paragraph (3)(B) of (c) IDENTIFYING AND DISSEMINATING BEST enactment of the Border Security, Economic 286(s) of the Immigration and Nationality PRACTICES.—The Secretary of Education Opportunity, and Immigration Moderniza- Act, as added by section 4104(b), the Director shall, directly or through a grant or con- tion Act; of the National Science Foundation shall tract, identify State best practices with re- ‘‘(II) shall be available as— consider veterans to be an underrepresented spect to STEM education and share that in- ‘‘(aa) a paper form; group. formation broadly. (b) NATIONAL EVALUATION.—In conducting ‘‘(bb) a form that may be completed by an employer via telephone or video conference; the annual evaluation of the implementation SA 1634. Mr. PORTMAN (for himself and impact of the activities funded by the ‘‘(cc) an electronic form; and and Mr. TESTER) submitted an amend- ‘‘(dd) a form that is integrated electroni- STEM Education and Training Account ment intended to be proposed to under section 4104(d), the Secretary of Edu- cally with the requirements under subpara- cation shall include an assessment of— amendment SA 1183 submitted by Mr. graph (F) and subsection (d). (1) engagement in STEM fields of underrep- LEAHY (for himself and Mr. HATCH) to ‘‘(ii) ATTESTATION.—Each such form shall resented groups such as women and minori- the bill S. 744, to provide for com- require the employer to sign an attestation ties; and prehensive immigration reform and for with a handwritten, electronic, or digital (2) achievement in STEM fields of under- other purposes; which was ordered to signature, according to standards prescribed represented groups such as women and mi- lie on the table; as follows: by the Secretary. norities. ‘‘(iii) COMPLIANCE.—An employer has com- At the appropriate place, insert the fol- (c) IDENTIFYING AND DISSEMINATING BEST plied with the requirements under this para- lowing: PRACTICES.—The Secretary of Education graph with respect to examination of the shall, directly or through a grant or con- SEC. lll. EMPLOYMENT VERIFICATION SYSTEM documents included in subclauses (I) and (II) tract, identify State best practices with re- IMPROVEMENTS. of subparagraph (A)(i) if— (a) TRIGGER.—In addition to the conditions spect to STEM education and share that in- ‘‘(I) the employer has, in good faith, fol- set forth in section 3(c)(2)(A), the Secretary formation broadly. lowed applicable regulations and any written may not adjust the status of aliens who have SEC. 4107. USE OF H–1B VISA FEES. procedures or instructions provided by the been granted registered provisional immi- (a) IN GENERAL.—Section 214(c)(9)(C) (8 Secretary; and grant status, except for aliens granted blue U.S.C. 1184(c)(9)(C)) is amended to read as ‘‘(II) a reasonable person would conclude card status under section 2201 of this Act or follows: that the documentation is genuine and re- described in section 245D(b) of the Immigra- ‘‘(C) Fees collected under this paragraph lates to the individual presenting such docu- tion and Nationality Act, unless the Sec- shall be deposited in the Treasury as follows: mentation. retary, after consultation with the Comp- ‘‘(i) Until the amount collected for a fiscal ‘‘(C) DOCUMENTS ESTABLISHING IDENTITY troller General of the United States, and as year under this paragraph equals $275,000,000, AND EMPLOYMENT AUTHORIZED STATUS.—A part of the written certification submitted in the H–1B Nonimmigrant Petitioner Ac- document is specified in this subparagraph if to the President and Congress pursuant to count for use in accordance with section the document is unexpired (unless the valid- section 3(c)(2)(A), certifies that the Sec- 286(s). ity of the document is extended by law) and retary has implemented the mandatory em- ‘‘(ii) After the amount collected for a fiscal is 1 of the following: ployment verification system, including the year under this paragraph exceeds ‘‘(i) A United States passport or passport full incorporation of the photo tool and addi- $275,000,000— card issued to an individual pursuant to the ‘‘(I) 5 percent shall be deposited in the H– tional security measures, required by section 274A of the Immigration and Nationality Act Secretary of State’s authority under the Act 1B Nonimmigrant Petitioner Account for use entitled An Act to regulate the issue and va- as described in paragraph (5) of section 286(s); (8 U.S.C. 1324a), as amended by section 3101, and has required the system’s use by all em- lidity of passports, and for other purposes, ‘‘(II) 5 percent shall be deposited in the H– approved July 3, 1926 (22 U.S.C. 211a). 1B Nonimmigrant Petitioner Account for use ployers to prevent unauthorized workers from obtaining employment in the United ‘‘(ii) A document issued to an alien evi- as described in paragraph (6) of section 286(s); dencing that the alien is lawfully admitted and States. (b) EMPLOYMENT VERIFICATION SYSTEM.— for permanent residence or another docu- ‘‘(III) 90 percent shall be deposited in the Section 274A (8 U.S.C. 1324a), as amended by ment issued to an individual evidencing the STEM Education and Training Account for section 3101, is further amended— individual’s employment authorized status, use as described in section 286(w).’’. (1) in subsection (a)(5)(A)(ii), by inserting as designated by the Secretary, if the docu- (b) CONFORMING AMENDMENT.—Section ‘‘, by clear and convincing evidence,’’ after ment— 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by ‘‘(I) contains a photograph of the indi- striking ‘‘collected under paragraphs (9) and demonstrates; and (2) by striking subsections (c) and (d) and vidual, or such other personal identifying in- (11) of section 214(c).’’ and inserting ‘‘de- formation relating to the individual as the scribed in clause (i), (ii)(I), and (ii)(II) of inserting the following: ‘‘(c) DOCUMENT VERIFICATION REQUIRE- Secretary determines, by regulation, to be paragraph (9)(C) of section 214(c) and col- MENTS.—Any employer hiring an individual sufficient for the purposes of this subpara- lected under paragraph (11) of such section.’’. for employment in the United States shall graph; SA 1633. Ms. LANDRIEU submitted comply with the following requirements and ‘‘(II) is evidence of employment authorized status; and an amendment intended to be proposed the requirements under subsection (d) to verify that the individual has employment ‘‘(III) contains security features to make to amendment SA 1183 submitted by authorized status. the document resistant to tampering, coun- Mr. LEAHY (for himself and Mr. HATCH) ‘‘(1) ATTESTATION AFTER EXAMINATION OF terfeiting, and fraudulent use. to the bill S. 744, to provide for com- DOCUMENTATION.— ‘‘(iii) An enhanced driver’s license or iden- prehensive immigration reform and for ‘‘(A) IN GENERAL.— tification card issued to a national of the

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.040 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5085 United States by a State, an outlying posses- features to make such documentation resist- tional security measures to adequately sion of the United States, or a federally rec- ant to tampering, counterfeiting, and fraud- verify the identity of an individual whose ognized Indian tribe that— ulent use. identity is not able to be verified using the ‘‘(I) meets the requirements under section ‘‘(F) IDENTITY AUTHENTICATION MECHA- photo tool described in clause (iii). Such ad- 202 of the REAL ID Act of 2005 (division B of NISM.— ditional security measures— Public Law 109–13; 49 U.S.C. 30301 note); and ‘‘(i) DEFINITIONS.—In this subparagraph: ‘‘(aa) shall be kept up-to-date with techno- ‘‘(II) the Secretary has certified by notice ‘‘(I) COVERED IDENTITY DOCUMENT.—The logical advances; published in the Federal Register and term ‘covered identity document’ means a ‘‘(bb) shall provide a means of identity au- through appropriate notice directly to em- valid— thentication in a manner that provides a ployers registered in the System 3 months ‘‘(aa) United States passport, passport high level of certainty as to the identity of prior to publication that such enhanced li- card, or a document evidencing lawful per- such individual, using immigration and iden- cense or card is suitable for use under this manent residence status or employment au- tifying information that may include review subparagraph based upon the accuracy and thorized status issued to an alien; of identity documents or background screen- security of the issuance process, security ‘‘(bb) enhanced driver’s license or identity ing verification techniques using publicly features on the document, and such other card issued by a participating State or an available information; and factors as the Secretary may prescribe. outlying possession of the United States; or ‘‘(cc) shall be incorporated into the System ‘‘(iv) A passport issued by the appropriate ‘‘(cc) photograph and appropriate identi- and made available to employers not later authority of a foreign country accompanied fying information provided by the Secretary than 1 year after the date on which regula- by a Form I–94 or Form I–94A (or similar suc- of State pursuant to the granting of a visa. tions are published implementing subsection cessor record), or other documentation as ‘‘(II) PARTICIPATING STATE.—The term ‘par- (d). designated by the Secretary that specifies ticipating State’ means a State that has an ‘‘(III) COMPREHENSIVE USE.—An employer the individual’s status in the United States agreement with the Secretary to provide the may employ the additional security meas- and the duration of such status if the pro- Secretary, for purposes of identity ures set forth in this clause with respect to posed employment is not in conflict with any verification in the System, with photographs all individuals the employer hires if the em- restriction or limitation specified on such and appropriate identifying information ployer notifies the Secretary of such election form or documentation. maintained by the State. at the time the employer registers for use of ‘‘(v) A passport issued by the Federated ‘‘(ii) REQUIREMENT FOR IDENTITY AUTHEN- the System under subsection (d)(4)(A)(i) or States of Micronesia or the Republic of the TICATION.—In addition to verifying the docu- Marshall Islands with evidence of non- ments specified in subparagraph (C), (D), or anytime thereafter. An election under this immigrant admission to the United States (E), the System shall require each employer subclause may be withdrawn 90 days after under the Compact of Free Association be- to verify the identity of each new hire using the employer notifies the Secretary of the tween the United States and the Federated the identity authentication mechanism de- employer’s intent to discontinue such elec- States of Micronesia or the Republic of the scribed in clause (iii) or, for an individual tion. Marshall Islands. whose identity is not able to be verified ‘‘(v) AUTOMATED VERIFICATION.—The Sec- ‘‘(D) DOCUMENTS ESTABLISHING IDENTITY OF using that mechanism, to use the additional retary— INDIVIDUAL.—A document is specified in this security measures provided in clause (iv) ‘‘(I) may establish a program, in addition subparagraph if the document is unexpired after such measures become available. A fail- to the identity authentication mechanism (unless the validity of the document is ex- ure of the System to verify the identity of an described in subparagraph (F)(iii), in which tended by law) and is 1 of the following: individual due to the use of an identity au- the System automatically verifies informa- ‘‘(i) A driver’s license or identity card that thentication mechanism shall result in a fur- tion contained in a covered identity docu- is not described in subparagraph (C)(iii) and ther action notice under subsection ment issued by a participating State, which is issued to an individual by a State or an (d)(4)(C)(iii). is presented under subparagraph (D)(i), in- outlying possession of the United States, a ‘‘(iii) PHOTO TOOL.— cluding information needed to verify that federally recognized Indian tribe, or an agen- ‘‘(I) USE REQUIREMENT.—An employer that the covered identity document matches the cy (including military) of the Federal Gov- hires an individual who has a presented a State’s records; ernment if the driver’s license or identity covered identity document to establish his ‘‘(II) may not maintain information pro- card includes, at a minimum— or her identity and employment authoriza- vided by a participating State in a database ‘‘(I) the individual’s photograph, name, tion under subsection (c) shall verify the maintained by U.S. Citizenship and Immi- date of birth, gender, and driver’s license or identity of such individual using the photo gration Services; and identification card number; and tool described in subclause (II). ‘‘(III) may not utilize or disclose such in- ‘‘(II) security features to make the license ‘‘(II) DEVELOPMENT REQUIREMENT.—The formation, except as authorized under this or card resistant to tampering, counter- Secretary shall develop and maintain a section. feiting, and fraudulent use. photo tool that enables employers to match ‘‘(G) AUTHORITY TO PROHIBIT USE OF CER- ‘‘(ii) A voter registration card. the photo on a covered identity document TAIN DOCUMENTS.—If the Secretary deter- ‘‘(iii) A document that complies with the provided to the employer to a photo main- mines, after publication in the Federal Reg- requirements under section 7209(b)(1) of the tained by a U.S. Citizenship and Immigra- ister and an opportunity for public comment, Intelligence Reform and Terrorism Preven- tion Services or other appropriate database. that any document or class of documents tion Act of 2004 (Public Law 108–458; 8 U.S.C. ‘‘(III) INDIVIDUAL QUERIES.—The photo tool specified in subparagraph (B), (C), or (D) does 1185 note). capability shall be incorporated into the not reliably establish identity or that em- ‘‘(iv) For individuals under 18 years of age System and made available to employers not ployment authorized status is being used who are unable to present a document listed later than 1 year after the date on which reg- fraudulently to an unacceptable degree, the in clause (i) or (ii), documentation of per- ulations are published implementing sub- Secretary— sonal identity of such other type as the Sec- section (d). ‘‘(i) may prohibit or restrict the use of retary determines will provide a reliable ‘‘(IV) LIMITATIONS ON USE OF INFORMA- such document or class of documents for pur- means of identification, which may include TION.—Information and images acquired from poses of this subsection; and an attestation as to the individual’s identity State motor vehicle databases through the ‘‘(ii) shall directly notify all employers by a parent or legal guardian under penalty photo tool developed under subclause (II)— registered within the System of the prohibi- of perjury. ‘‘(aa) may only be used for matching tion through appropriate means. ‘‘(E) DOCUMENTS EVIDENCING EMPLOYMENT photos to a covered identity document for ‘‘(H) AUTHORITY TO ALLOW USE OF CERTAIN AUTHORIZATION.—A document is specified in the purposes of employment verification; DOCUMENTS.—If the Secretary has deter- this subparagraph if the document is unex- ‘‘(bb) shall not be collected or stored by mined that another document or class of pired (unless the validity of the document is the Federal Government; and documents, such as a document issued by a extended by law) and is 1 of the following: ‘‘(cc) may only be disseminated in response federally recognized Indian tribe, may be ‘‘(i) A social security account number card to an individual photo tool query. used to reliably establish identity or em- issued by the Commissioner, other than a ‘‘(iv) ADDITIONAL SECURITY MEASURES.— ployment authorized status, the Secretary— card which specifies on its face that the card ‘‘(I) USE REQUIREMENT.—An employer seek- ‘‘(i) may allow the use of that document or is not valid to evidence employment author- ing to hire an individual whose identity is class of documents for purposes of this sub- ized status or has other similar words of lim- not able to be verified using the photo tool section after publication in the Federal Reg- itation. described in clause (iii), because the em- ister and an opportunity for public comment; ‘‘(ii) Any other documentation evidencing ployee did not present a covered document ‘‘(ii) shall publish a description of any such employment authorized status that the Sec- for employment eligibility verification pur- document or class of documents on the U.S. retary determines and publishes in the Fed- poses, shall verify the identity of such indi- Citizenship and Immigration Services eral Register and through appropriate notice vidual using the additional security meas- website; and directly to employers registered within the ures described in subclause (II). ‘‘(iii) shall directly notify all employers System to be acceptable for purposes of this ‘‘(II) DEVELOPMENT REQUIREMENT.—The registered within the System of the addition subparagraph if such documentation, includ- Secretary shall develop, after publication in through appropriate means. ing any electronic security measures linked the Federal Register and an opportunity for ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY- to such documentation, contains security public comment, specific and effective addi- MENT AUTHORIZATION.—An individual, upon

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commencing employment with an employer, establish the Employment Verification Sys- ‘‘(D) EMPLOYERS WITH MORE THAN 10,000 EM- shall— tem. PLOYEES.—Not later than 1 year after regula- ‘‘(A) attest, under penalty of perjury, on ‘‘(B) MONITORING.—The Secretary shall cre- tions are published implementing this sub- the form prescribed by the Secretary, that ate the necessary processes to monitor— section, all employers with more than 10,000 the individual is— ‘‘(i) the functioning of the System, includ- employees shall participate in the System ‘‘(i) a citizen of the United States; ing the volume of the workflow, the speed of with respect to all newly hired employees ‘‘(ii) an alien lawfully admitted for perma- processing of queries, the speed and accuracy and employees with expiring temporary em- nent residence; of responses; ployment authorization documents. ‘‘(iii) an alien who has employment author- ‘‘(ii) the misuse of the System, including ‘‘(E) EMPLOYERS WITH MORE THAN 500 EM- ized status; or the prevention of fraud or identity theft; PLOYEES.—Not later than 2 years after regu- ‘‘(iv) otherwise authorized by the Sec- ‘‘(iii) whether the use of the System relations are published implementing this sub- retary to be hired for such employment; sults in wrongful adverse actions or discrimi- section, all employers with more than 500 ‘‘(B) provide such attestation by a hand- nation based upon a prohibited factor employees shall participate in the System written, electronic, or digital signature; and against citizens or nationals of the United with respect to all newly hired employees ‘‘(C) provide the individual’s social secu- States or individuals who have employment and employees with expiring temporary em- rity account number to the Secretary, unless authorized status; and ployment authorization documents. the individual has not yet been issued such a ‘‘(iv) the security, integrity, and privacy of ‘‘(F) EMPLOYERS WITH MORE THAN 20 EM- number, on such form as the Secretary may the System. PLOYEES.—Not later than 3 years after regu- require. ‘‘(C) PROCEDURES.—The Secretary— lations are published implementing this sub- ‘‘(3) RETENTION OF VERIFICATION RECORD.— ‘‘(i) shall create processes to provide an in- section, all employers with more than 20 em- ‘‘(A) IN GENERAL.—After completing a form dividual with direct access to the individ- ployees shall participate in the System with for an individual in accordance with para- ual’s case history in the System, including— respect to all newly hired employees and em- graphs (1) and (2), the employer shall retain ‘‘(I) the identities of all persons or entities ployees with expiring temporary employ- a version of such completed form and make that have queried the individual through the ment authorization documents. such form available for inspection by the System; ‘‘(G) AGRICULTURAL EMPLOYMENT.—Not Secretary or the Office of Special Counsel for ‘‘(II) the date of each such query; and later than 4 years after regulations are pub- Immigration-Related Unfair Employment ‘‘(III) the System response for each such lished implementing this subsection, em- Practices of the Department of Justice dur- query; and ployers of employees performing agricultural ing the period beginning on the hiring date ‘‘(ii) in consultation with the Commis- employment (as defined in section 218A of of the individual and ending on the later of— sioner, shall develop— this Act and section 2202 of the Border Secu- ‘‘(i) the date that is 3 years after such hir- ‘‘(I) protocols to notify an individual, in a rity, Economic Opportunity, and Immigra- ing date; or timely manner through the use of electronic tion Modernization Act) shall participate in ‘‘(ii) the date that is 1 year after the date correspondence or mail, that a query for the the System with respect to all newly hired on which the individual’s employment with individual has been processed through the employees and employees with expiring tem- the employer is terminated. System; or porary employment authorization docu- ‘‘(II) a process for the individual to submit ments. An agricultural employee shall not be ‘‘(B) REQUIREMENT FOR ELECTRONIC RETEN- additional queries to the System or notify counted for purposes of subparagraph (D), TION.—The Secretary— the Secretary of potential identity fraud. (E), or (F). ‘‘(i) shall permit an employer to retain the ‘‘(2) PARTICIPATION REQUIREMENTS.— ‘‘(H) ALL EMPLOYERS.—Not later than 4 form described in subparagraph (A) in elec- ‘‘(A) FEDERAL GOVERNMENT.—Except as years after regulations are published imple- tronic form; and provided in subparagraph (B), all agencies menting this subsection, all employers shall ‘‘(ii) shall permit an employer to retain and departments in the executive, legisla- participate in the System with respect to all such form in paper, microfiche, microfilm, tive, or judicial branches of the Federal Gov- newly hired employees and employees with portable document format, or other media. ernment shall participate in the System be- expiring temporary employment authoriza- ‘‘(4) COPYING OF DOCUMENTATION AND REC- ginning on the earlier of— tion documents. ORDKEEPING.—The Secretary may promul- ‘‘(i) the date of the enactment of the Bor- ‘‘(I) TRIBAL GOVERNMENT EMPLOYERS.— gate regulations regarding— der Security, Economic Opportunity, and ‘‘(i) RULEMAKING.—In developing regula- ‘‘(A) copying documents and related infor- Immigration Modernization Act, to the ex- tions to implement this subsection, the Sec- mation pertaining to employment tent required under section 402(e)(1) of the Il- retary shall— verification presented by an individual under legal Immigration Reform and Immigrant ‘‘(I) consider the effects of this section on this subsection; and Responsibility Act of 1996 (division C of Pub- federally recognized Indian tribes and tribal ‘‘(B) retaining such information during a lic Law 104–208; 8 U.S.C. 1324a) and as already members; and period not to exceed the required retention implemented by each agency or department; ‘‘(II) consult with the governments of fed- period set forth in paragraph (3). or erally recognized Indian tribes. ‘‘(5) PENALTIES.—An employer that fails to ‘‘(ii) the date that is 90 days after the date ‘‘(ii) REQUIRED PARTICIPATION.—Not later comply with any requirement under this sub- of the enactment of the Border Security, than 4 years after regulations are published section may be penalized under subsection Economic Opportunity, and Immigration implementing this subsection, all employers (e)(4)(B). Modernization Act. owned by, or entities of, the government of a ‘‘(6) PROTECTION OF CIVIL RIGHTS.— ‘‘(B) FEDERAL CONTRACTORS.—Federal con- federally recognized Indian tribe shall par- ‘‘(A) IN GENERAL.—Nothing in this section tractors shall participate in the System as ticipate in the System with respect to all may be construed to diminish any rights provided in the final rule relating to employ- newly hired employees and employees with otherwise protected by Federal law. ment eligibility verification published in the expiring temporary employment authoriza- ‘‘(B) PROHIBITION ON DISCRIMINATION.—An Federal Register on November 14, 2008 (73 tion documents. employer shall use the procedures for docu- Fed. Reg. 67,651), or any similar subsequent ‘‘(J) IMMIGRATION LAW VIOLATORS.— ment verification set forth in this paragraph regulation, for which purpose references to ‘‘(i) ORDERS FINDING VIOLATIONS.—An order for all employees without regard to race, E-Verify in the final rule shall be construed finding any employer to have violated this color, religion, sex, national origin, or, un- to apply to the System. section or section 274C may, in the Sec- less specifically permitted in this section, to ‘‘(C) CRITICAL INFRASTRUCTURE.— retary’s discretion, require the employer to citizenship status. ‘‘(i) IN GENERAL.—Beginning on the date participate in the System with respect to ‘‘(7) RECEIPTS.—The Secretary may author- that is 1 year after the date on which regula- newly hired employees and employees with ize the use of receipts for replacement docu- tions are published implementing this sub- expiring temporary employment authoriza- ments, and temporary evidence of employ- section, the Secretary may authorize or di- tion documents, if such employer is not oth- ment authorization by an individual to meet rect any employer, person, or entity respon- erwise required to participate in the System a documentation requirement under this sible for granting access to, protecting, se- under this section. The Secretary shall mon- subsection on a temporary basis not to ex- curing, operating, administering, or regu- itor such employer’s compliance with Sys- ceed 1 year, after which time the individual lating part of the critical infrastructure (as tem procedures. shall provide documentation sufficient to defined in section 1016(e) of the Critical In- ‘‘(ii) PATTERN OR PRACTICE OF VIOLATIONS.— satisfy the documentation requirements frastructure Protection Act of 2001 (42 U.S.C. The Secretary may require an employer that under this subsection. 5195c(e))) to participate in the System to the is required to participate in the System with ‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI- extent the Secretary determines that such respect to newly hired employees to partici- FICATION CARDS.—Nothing in this section participation will assist in the protection of pate in the System with respect to the em- may be construed to directly or indirectly the critical infrastructure. ployer’s current employees if the employer is authorize the issuance, use, or establishment ‘‘(ii) NOTIFICATION TO EMPLOYERS.—The determined by the Secretary or other appro- of a national identification card. Secretary shall notify an employer required priate authority to have engaged in a pat- ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— to participate in the System under this sub- tern or practice of violations of the immigra- ‘‘(1) IN GENERAL.— paragraph not later than 90 days before the tion laws of the United States. ‘‘(A) ESTABLISHMENT.—The Secretary, in date on which the employer is required to ‘‘(K) VOLUNTARY PARTICIPATION.—The Sec- consultation with the Commissioner, shall participate. retary may permit any employer that is not

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required to participate in the System under ‘‘(i) IN GENERAL.—An employer shall use tion in such manner as the Secretary may this section to do so on a voluntary basis. the System to confirm the identity and em- specify. ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI- ployment authorized status of any individual ‘‘(iii) FURTHER ACTION NOTICE AND LATER PATE.— during— CONFIRMATION OR NONCONFIRMATION.— ‘‘(A) IN GENERAL.—Except as provided in ‘‘(I) the period beginning on the date on ‘‘(I) NOTIFICATION AND ACKNOWLEDGMENT subparagraph (B), the failure, other than a which the individual accepts an offer of em- THAT FURTHER ACTION IS REQUIRED.—Not later de minimis or inadvertent failure, of an employment and ending 3 business days after than 3 business days after an employer re- ployer that is required to participate in the the date on which employment begins; or ceives a further action notice of an individ- System to comply with the requirements of ‘‘(II) such other reasonable period as the ual’s identity or employment eligibility the System with respect to an individual— Secretary may prescribe. under the System, or during such other rea- ‘‘(i) shall be treated as a violation of sub- ‘‘(ii) LIMITATION.—An employer may not sonable time as the Secretary may prescribe, section (a)(1)(B) with respect to that indi- make the starting date of an individual’s em- the employer shall notify the individual for vidual; and ployment or training or any other term and whom the confirmation is sought of the fur- ‘‘(ii) creates a rebuttable presumption that condition of employment dependent on the ther action notice and any procedures speci- the employer has violated paragraph (1)(A) receipt of a confirmation of identity and em- fied by the Secretary for addressing such no- or (2) of subsection (a). ployment authorized status by the System. tice. The further action notice shall be given ‘‘(B) EXCEPTION.— ‘‘(iii) REVERIFICATION.—If an individual has to the individual in writing and the em- ‘‘(i) IN GENERAL.—Subparagraph (A) shall a limited period of employment authorized ployer shall acknowledge in the System not apply in a criminal prosecution. status, the individual’s employer shall under penalty of perjury that it provided the ‘‘(ii) USE AS EVIDENCE.—Nothing in this reverify such status through the System not employee with the further action notice. The paragraph may be construed to limit the use later than 3 business days after the last day individual shall affirmatively acknowledge in the prosecution of a Federal crime, in a of such period. in writing, or in such other manner as the manner otherwise consistent with Federal ‘‘(iv) OTHER EMPLOYMENT.—For employers Secretary may specify, the receipt of the fur- criminal law and procedure, of evidence re- directed by the Secretary to participate in ther action notice from the employer. If the lating to the employer’s failure to comply the System under paragraph (2)(C)(i) to pro- individual refuses to acknowledge the re- with requirements of the System. tect critical infrastructure or otherwise ceipt of the further action notice, or ac- ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE specified circumstances in this section to knowledges in writing that the individual SYSTEM.— verify their entire workforce, the System will not contest the further action notice ‘‘(A) IN GENERAL.—An employer participating in the System shall register such par- may be used for initial verification of an in- under subclause (II), the employer shall no- ticipation with the Secretary and, when hir- dividual who was hired before the employer tify the Secretary in such manner as the ing any individual for employment in the became subject to the System, and the em- Secretary may specify. United States, shall comply with the fol- ployer shall initiate all required procedures ‘‘(II) CONTEST.—Not later than 10 business lowing: on or before such date as the Secretary shall days after receiving notification of a further ‘‘(i) REGISTRATION OF EMPLOYERS.—The specify. action notice under subclause (I), the indi- Secretary, through notice in the Federal ‘‘(v) NOTIFICATION.— vidual shall contact the appropriate Federal Register, shall prescribe procedures that em- ‘‘(I) IN GENERAL.—The Secretary shall pro- agency and, if the Secretary so requires, ap- ployers shall be required to follow to register vide, and the employer shall utilize, as part pear in person for purposes of verifying the with the System. of the System, a method of notifying em- individual’s identity and employment eligi- ‘‘(ii) UPDATING INFORMATION.—The employers of a confirmation or nonconfirma- bility. The Secretary, in consultation with ployer is responsible for providing notice of tion of an individual’s identity and employ- the Commissioner and other appropriate any change to the information required ment authorized status, or a notice that fur- Federal agencies, shall specify an available under subclauses (I), (II), and (III) of clause ther action is required to verify such iden- secondary verification procedure to confirm (v) before conducting any further inquiries tity or employment eligibility (referred to in the validity of information provided and to within the System, or on such other schedule this subsection as a further action notice). provide a confirmation or nonconfirmation. as the Secretary may prescribe. ‘‘(II) PROCEDURES.—The Secretary shall— Any procedures for reexamination shall not ‘‘(iii) TRAINING.—The Secretary shall re- ‘‘(aa) directly notify the individual and the limit in any way an employee’s right to ap- quire employers to undergo such training as employer, by means of electronic cor- peal a nonconfirmation. the Secretary determines to be necessary to respondence, mail, text message, telephone, ‘‘(III) NO CONTEST.—If the individual re- ensure proper use, protection of civil rights or other direct communication, of a noncon- fuses to acknowledge receipt of the further and civil liberties, privacy, integrity, and se- firmation or further action notice; action notice, acknowledges that the indi- curity of the System. To the extent prac- ‘‘(bb) provide information about filing an vidual will not contest the further action no- ticable, such training shall be made avail- administrative appeal under paragraph (6) tice as provided in subclause (I), or does not able electronically on the U.S. Citizenship and a filing for review before an administra- contact the appropriate Federal agency and Immigration Services website. tive law judge under paragraph (7); and within the period specified in subclause (II), ‘‘(iv) NOTIFICATION TO EMPLOYEES.—The ‘‘(cc) establish procedures to directly no- following expiration of the period specified employer shall inform individuals hired for tify the individual and the employer of a in subclause (II), a nonconfirmation shall be employment that the System— confirmation. issued. The employer shall record the non- ‘‘(I) will be used by the employer; ‘‘(III) IMPLEMENTATION.—The Secretary confirmation in such manner as the Sec- ‘‘(II) may be used for immigration enforce- may provide for a phased-in implementation retary may specify and terminate the indi- ment purposes; and of the notification requirements under this vidual’s employment. An individual’s failure ‘‘(III) may not be used to discriminate or clause, as appropriate. The notification sys- to contest a further action notice shall not to take adverse action against a national of tem shall cover all inquiries not later than 1 be considered an admission of guilt with re- the United States or an alien who has em- year from the date of the enactment of the spect to any violation of this section or any ployment authorized status. Border Security, Economic Opportunity, and provision of law. ‘‘(v) PROVISION OF ADDITIONAL INFORMA- Immigration Modernization Act. ‘‘(IV) CONFIRMATION OR NONCONFIRMATION.— TION.—The employer shall obtain from the ‘‘(C) CONFIRMATION OR NONCONFIRMATION.— Unless the period is extended in accordance individual (and the individual shall provide) ‘‘(i) INITIAL RESPONSE.— with this subclause, the System shall pro- and shall record in such manner as the Sec- ‘‘(I) IN GENERAL.—Except as provided in vide a confirmation or nonconfirmation not retary may specify— subclause (II), the System shall provide— later than 10 business days after the date on ‘‘(I) the individual’s social security ac- ‘‘(aa) a confirmation of an individual’s which the individual contests the further account number; identity and employment authorized status tion notice under subclause (II). If the Sec- ‘‘(II) if the individual does not attest to or a further action notice at the time of the retary determines that good cause exists, United States citizenship or status as a na- inquiry; and after taking into account adverse impacts to tional of the United States under subsection ‘‘(bb) an appropriate code indicating such the employer, and including time to permit (c)(2), such identification or authorization confirmation or such further action notice. the individual to obtain and provide needed number established by the Department as ‘‘(II) ALTERNATIVE DEADLINE.—If the Sys- evidence of identity or employment eligi- the Secretary shall specify; and tem is unable to provide immediate con- bility, the Secretary shall extend the period ‘‘(III) such other information as the Sec- firmation or further action notice for tech- for providing confirmation or nonconfirma- retary may require to determine the identity nological reasons or due to unforeseen cir- tion for stated periods beyond 10 business and employment authorization of an indi- cumstances, the System shall provide a con- days. When confirmation or nonconfirmation vidual. firmation or further action notice not later is provided, the confirmation system shall ‘‘(vi) PRESENTATION OF DOCUMENTATION.— than 3 business days after the initial inquiry. provide an appropriate code indicating such The employer, and the individual whose ‘‘(ii) CONFIRMATION UPON INITIAL INQUIRY.— confirmation or nonconfirmation. identity and employment authorized status If the employer receives an appropriate con- ‘‘(V) REEXAMINATION.—Nothing in this sec- are being confirmed, shall fulfill the require- firmation of an individual’s identity and em- tion shall prevent the Secretary from estab- ments under subsection (c). ployment authorized status under the Sys- lishing procedures to reexamine a case where ‘‘(B) SEEKING CONFIRMATION.— tem, the employer shall record the confirma- a confirmation or nonconfirmation has been

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.042 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5088 CONGRESSIONAL RECORD — SENATE June 24, 2013 provided if subsequently received informa- ‘‘(I) the name of such individual; ‘‘(aa) published in the Federal Register; tion indicates that the confirmation or non- ‘‘(II) his or her social security number or and confirmation may not have been correct. alien file number; ‘‘(bb) provided directly to all employers Any procedures for reexamination shall not ‘‘(III) the name and contact information registered in the System. limit in any way an employee’s right to ap- for his or her current employer; and ‘‘(F) DESIGNATED AGENTS.—The Secretary peal a nonconfirmation. ‘‘(IV) any other critical information that shall establish a process— ‘‘(VI) EMPLOYEE PROTECTIONS.—An em- the Assistant Secretary determines to be ap- ‘‘(i) for certifying, on an annual basis or at ployer may not terminate employment or propriate. such times as the Secretary may prescribe, take any other adverse action against an in- ‘‘(v) OTHER REFERRAL.—The Director of designated agents and other System service dividual solely because of a failure of the in- U.S. Citizenship and Immigration Services providers seeking access to the System to dividual to have identity and employment shall refer to the Assistant Secretary for Im- perform verification queries on behalf of em- eligibility confirmed under this subsection migration and Customs Enforcement for ap- ployers, based upon training, usage, privacy, until— propriate action by the Assistant Secretary and security standards prescribed by the ‘‘(aa) a nonconfirmation has been issued; or for referral by the Assistant Secretary to Secretary; ‘‘(bb) if the further action notice was con- another law enforcement agency, as appro- ‘‘(ii) for ensuring that designated agents tested, the period to timely file an adminis- priate— and other System service providers are sub- trative appeal has expired without an appeal ‘‘(I) any case in which the Director believes ject to monitoring to the same extent as di- or the contestation to the further action no- that a social security number has been false- rect access users; and tice is withdrawn; or ‘‘(iii) for establishing standards for certifi- ly or fraudulently used; and ‘‘(cc) if an appeal before an administrative cation of electronic I–9 programs. ‘‘(II) any case in which a false or fraudu- law judge under paragraph (7) has been filed, ‘‘(G) REQUIREMENT TO PROVIDE INFORMA- lent document is used by an employee who the nonconfirmation has been upheld or the TION.— has received a further action notice to re- appeal has been withdrawn or dismissed. ‘‘(i) IN GENERAL.—No later than 3 months solve such notice. ‘‘(iv) NOTICE OF NONCONFIRMATION.—Not after the date of the enactment of the Border ‘‘(E) OBLIGATION TO RESPOND TO QUERIES later than 3 business days after an employer Security, Economic Opportunity, and Immi- AND ADDITIONAL INFORMATION.— receives a nonconfirmation, or during such gration Modernization Act, the Secretary, in other reasonable time as the Secretary may ‘‘(i) IN GENERAL.—Employers shall comply consultation with the Secretary of Labor, provide, the employer shall notify the indi- with requests for information from the Sec- the Secretary of Agriculture, the Commis- vidual who is the subject of the nonconfirma- retary and the Special Counsel for Immigra- sioner, the Attorney General, the Equal Em- tion, and provide information about filing an tion-Related Unfair Employment Practices ployment Opportunity Commission, and the administrative appeal pursuant to paragraph of the Department of Justice, including que- Administrator of the Small Business Admin- (6) and a request for a hearing before an ad- ries concerning current and former employ- istration, shall commence a campaign to dis- ministrative law judge pursuant to para- ees, within the time frame during which seminate information respecting the proce- graph (7). The nonconfirmation notice shall records are required to be maintained under dures, rights, and remedies prescribed under be given to the individual in writing and the this section regarding such former employ- this section. employer shall acknowledge in the System ees, if such information relates to the func- ‘‘(ii) CAMPAIGN REQUIREMENTS.—The cam- under penalty of perjury that it provided the tioning of the System, the accuracy of the paign authorized under clause (i)— notice (or adequately attempted to provide responses provided by the System, or any ‘‘(I) shall be aimed at increasing the notice, but was unable to do so despite rea- suspected misuse, discrimination, fraud, or knowledge of employers, employees, and the sonable efforts). The individual shall affirm- identity theft in the use of the System. Fail- general public concerning employer and em- atively acknowledge in writing, or in such ure to comply with a request under this ployee rights, responsibilities, and remedies other manner as the Secretary may pre- clause constitutes a violation of subsection under this section; and scribe, the receipt of the nonconfirmation (a)(1)(B). ‘‘(II) shall be coordinated with the public notice from the employer. If the individual ‘‘(ii) ACTION BY INDIVIDUALS.— education campaign conducted by U.S. Citi- refuses or fails to acknowledge the receipt of ‘‘(I) IN GENERAL.—Individuals being zenship and Immigration Services. the nonconfirmation notice, the employer verified through the System may be required ‘‘(iii) ASSESSMENT.—The Secretary shall shall notify the Secretary in such manner as to take further action to address questions assess the success of the campaign in achiev- the Secretary may prescribe. identified by the Secretary or the Commis- ing the goals of the campaign. ‘‘(D) CONSEQUENCES OF NONCONFIRMATION.— sioner regarding the documents relied upon ‘‘(iv) AUTHORITY TO CONTRACT.—In order to ‘‘(i) TERMINATION OF CONTINUED EMPLOY- for purposes of subsection (c). carry out and assess the campaign under this MENT.—Except as provided in clause (iii), an ‘‘(II) NOTIFICATION.—Not later than 3 busi- subparagraph, the Secretary may, to the ex- employer that has received a nonconfirma- ness days after the receipt of such questions tent deemed appropriate and subject to the tion regarding an individual and has made regarding an individual, or during such other availability of appropriations, contract with reasonable efforts to notify the individual in reasonable time as the Secretary may pre- public and private organizations for outreach accordance with subparagraph (C)(iv) shall scribe, the employer shall— and assessment activities under the cam- terminate the employment of the individual ‘‘(aa) notify the individual of any such re- paign. upon the expiration of the time period speci- quirement for further actions; and ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.— fied in paragraph (7). ‘‘(bb) record the date and manner of such There are authorized to be appropriated to ‘‘(ii) CONTINUED EMPLOYMENT AFTER NON- notification. carry out this paragraph $40,000,000 for each CONFIRMATION.—If the employer continues to ‘‘(III) ACKNOWLEDGMENT.—The individual of the fiscal years 2014 through 2016. employ an individual after receiving noncon- shall acknowledge the notification received ‘‘(H) AUTHORITY TO MODIFY INFORMATION firmation and exhaustion of all appeals or from the employer under subclause (II) in REQUIREMENTS.—Based on a regular review of expiration of all rights to appeal if not ap- writing, or in such other manner as the Sec- the System and the document verification pealed, in violation of clause (i), a rebuttable retary may prescribe. procedures to identify misuse or fraudulent presumption is created that the employer ‘‘(iii) RULEMAKING.— use and to assess the security of the docu- has violated paragraphs (1)(A) and (2) of sub- ‘‘(I) IN GENERAL.—The Secretary, in con- ments and processes used to establish iden- section (a). Such presumption shall not sultation with the Commissioner and the At- tity or employment authorized status, the apply in any prosecution under subsection torney General, is authorized to issue regula- Secretary, in consultation with the Commis- (k)(1). tions implementing, clarifying, and sioner, after publication of notice in the Fed- ‘‘(iii) EFFECT OF ADMINISTRATIVE APPEAL OR supplementing the requirements under this eral Register and an opportunity for public REVIEW BY ADMINISTRATIVE LAW JUDGE.—If an subparagraph— comment, may modify, if the Secretary de- individual files an administrative appeal of ‘‘(aa) to facilitate the functioning, accu- termines that the modification is necessary the nonconfirmation within the time period racy, and fairness of the System; to ensure that the System accurately and re- specified in paragraph (6)(A), or files for re- ‘‘(bb) to prevent misuse, discrimination, liably determines the identity and employ- view with an administrative law judge speci- fraud, or identity theft in the use of the Sys- ment authorized status of employees and fied in paragraph (7)(A), the employer shall tem; or maintain existing protections against mis- not terminate the individual’s employment ‘‘(cc) to protect and maintain the confiden- use, discrimination, fraud, and identity under this subparagraph prior to the resolu- tiality of information that could be used to theft— tion of the administrative appeal unless the locate or otherwise place at risk of harm vic- ‘‘(i) the information that shall be pre- Secretary or Commissioner terminates the tims of domestic violence, dating violence, sented to the employer by an individual; stay under paragraph (6)(B) or (7)(B). sexual assault, stalking, and human traf- ‘‘(ii) the information that shall be provided ‘‘(iv) WEEKLY REPORT.—The Director of ficking, and of the applicant or beneficiary to the System by the employer; and U.S. Citizenship and Immigration Services of any petition described in section 384(a)(2) ‘‘(iii) the procedures that shall be followed shall submit a weekly report to the Assist- of the Illegal Immigration Reform and Immi- by employers with respect to the process of ant Secretary for Immigration and Customs grant Responsibility Act of 1996 (8 U.S.C. verifying an individual through the System. Enforcement that includes, for each indi- 1367(a)(2)). ‘‘(I) SELF-VERIFICATION.—Subject to appro- vidual who receives final nonconfirmation ‘‘(II) NOTICE.—The regulations issued under priate safeguards to prevent misuse of the through the System— subclause (I) shall be— system, the Secretary, in consultation with

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.042 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5089 the Commissioner, shall establish a secure paragraph, and the stay shall remain in ef- was terminated and ending 120 days after self-verification procedure to permit an indi- fect until the resolution of the complaint, completion of the administrative law judge’s vidual who seeks to verify the individual’s unless the administrative law judge deter- review described in this paragraph or the day own employment eligibility to contact the mines that the action is frivolous or filed for after the individual is reinstated or obtains appropriate agency and, in a timely manner, purposes of delay. employment elsewhere, whichever occurs correct or update the information contained ‘‘(C) SERVICE.—The respondent to com- first. If the individual obtains employment in the System. plaint filed under this paragraph is either elsewhere at a lower wage rate, the indi- ‘‘(5) PROTECTION FROM LIABILITY FOR AC- the Secretary or the Commissioner, but not vidual shall be compensated for the dif- TIONS TAKEN ON THE BASIS OF INFORMATION both, depending upon who issued the admin- ference in wages for the period ending 120 PROVIDED BY THE SYSTEM.—An employer shall istrative order under paragraph (6). In addi- days after completion of the administrative not be liable to a job applicant, an employee, tion to serving the respondent, the plaintiff law judge review process. No lost wages shall the Federal Government, or a State or local shall serve the Attorney General. be awarded for any period of time during government, under Federal, State, or local ‘‘(D) AUTHORITY OF ADMINISTRATIVE LAW which the individual was not in employment criminal or civil law for any employment-re- JUDGE.— authorized status. lated action taken with respect to a job ap- ‘‘(i) RULES OF PRACTICE.—The Secretary ‘‘(iii) PAYMENT OF COMPENSATION.—Not- plicant or employee in good faith reliance on shall promulgate regulations regarding the withstanding any other law, payment of information provided by the System. rules of practice in appeals brought pursuant compensation for lost wages, costs, and at- ‘‘(6) ADMINISTRATIVE APPEAL.— to this subsection. torneys’ fees under this paragraph, or com- ‘‘(A) IN GENERAL.—An individual who is no- ‘‘(ii) AUTHORITY OF ADMINISTRATIVE LAW promise settlements of the same, shall be tified of a nonconfirmation may, not later JUDGE.—The administrative law judge shall made as provided by section 1304 of title 31, than 10 business days after the date that have power to— United States Code. Appropriations made such notice is received, file an administra- ‘‘(I) terminate a stay of a nonconfirmation available to the Secretary or the Commis- tive appeal of such nonconfirmation with the under subparagraph (B) if the administrative sioner, accounts provided for under section Commissioner if the notice is based on law judge determines that the action is friv- 286, and funds from the Federal Old-Age and records maintained by the Commissioner, or olous or filed for purposes of delay; Survivors Insurance Trust Fund or the Fed- in any other case, with the Secretary. An in- ‘‘(II) adduce evidence at a hearing; eral Disability Insurance Trust Fund shall dividual who did not timely contest a further ‘‘(III) compel by subpoena the attendance not be available to pay such compensation. action notice timely received by that indi- of witnesses and the production of evidence ‘‘(G) APPEAL.—No later than 45 days after vidual for which the individual acknowl- at any designated place or hearing; the entry of such final order, any person ad- edged receipt may not be granted a review ‘‘(IV) resolve claims of identity theft; and versely affected by such final order may seek under this paragraph. ‘‘(V) enter, upon the pleadings and any evi- review of such order in the United States ‘‘(B) ADMINISTRATIVE STAY OF NONCON- dence adduced at a hearing, a decision af- Court of Appeals for the circuit in which the FIRMATION.—The nonconfirmation shall be firming or reversing the result of the agency, violation is alleged to have occurred or in automatically stayed upon the timely filing with or without remanding the cause for a which the employer resides or transacts of an administrative appeal, unless the non- rehearing. business. confirmation resulted after the individual ‘‘(iii) SUBPOENA.—In case of contumacy or ‘‘(8) MANAGEMENT OF THE SYSTEM.— acknowledged receipt of the further action refusal to obey a subpoena lawfully issued ‘‘(A) IN GENERAL.—The Secretary is author- notice but failed to contact the appropriate under this section and upon application of ized to establish, manage, and modify the agency within the time provided. The stay the administrative law judge, an appropriate System, which shall— shall remain in effect until the resolution of district court of the United States may issue ‘‘(i) respond to inquiries made by partici- the appeal, unless the Secretary or the Com- an order requiring compliance with such sub- pating employers at any time through the missioner terminates the stay based on a de- poena and any failure to obey such order internet, or such other means as the Sec- termination that the administrative appeal may be punished by such court as a con- retary may designate, concerning an individ- is frivolous or filed for purposes of delay. tempt of such court. ual’s identity and whether the individual is ‘‘(C) REVIEW FOR ERROR.—The Secretary ‘‘(iv) TRAINING.—An administrative law in employment authorized status; and the Commissioner shall develop proce- judge hearing cases shall have special train- ‘‘(ii) maintain records of the inquiries that dures for resolving administrative appeals ing respecting employment authorized status were made, of confirmations provided (or not regarding nonconfirmations based upon the verification. provided), and of the codes provided to em- information that the individual has pro- ‘‘(E) ORDER BY ADMINISTRATIVE LAW ployers as evidence of their compliance with vided, including any additional evidence or JUDGE.— their obligations under the System; and argument that was not previously consid- ‘‘(i) IN GENERAL.—The administrative law ‘‘(iii) provide information to, and require ered. Any such additional evidence or argu- judge shall issue and cause to be served to action by, employers and individuals using ment shall be filed within 10 business days of the parties in the proceeding an order which the System. the date the appeal was originally filed. Ap- may be appealed as provided in subparagraph ‘‘(B) DESIGN AND OPERATION OF SYSTEM.— peals shall be resolved within 20 business (G). The System shall be designed and operated— days after the individual has submitted all ‘‘(ii) CONTENTS OF ORDER.—Such an order ‘‘(i) to maximize its reliability and ease of evidence and arguments the individual wish- shall uphold or reverse the final determina- use by employers consistent with protecting es to submit, or has stated in writing that tion on the request for reconsideration and the privacy and security of the underlying there is no additional evidence that the indi- order lost wages and other appropriate rem- information, and ensuring full notice of such vidual wishes to submit. The Secretary and edies as provided in subparagraph (F). use to employees; the Commissioner may, on a case by case ‘‘(F) COMPENSATION FOR ERROR.— ‘‘(ii) to maximize its ease of use by em- basis for good cause, extend the filing and ‘‘(i) IN GENERAL.—In cases in which the ad- ployees, including direct notification of its submission period in order to ensure accu- ministrative law judge reverses the final de- use, of results, and ability to challenge re- rate resolution of an appeal before the Sec- termination of the Secretary or the Commis- sults; retary or the Commissioner. sioner made under paragraph (6), and the ad- ‘‘(iii) to respond accurately to all inquiries ‘‘(D) PREPONDERANCE OF EVIDENCE.—Ad- ministrative law judge finds that— made by employers on whether individuals ministrative appeal under this paragraph ‘‘(I) the nonconfirmation was due to gross are authorized to be employed and to reg- shall be limited to whether a nonconfirma- negligence or intentional misconduct of the ister any times when the system is unable to tion notice is supported by a preponderance employer, the administrative law judge may receive inquiries; of the evidence. order the employer to pay the individual lost ‘‘(iv) to maintain appropriate administra- ‘‘(E) DAMAGES, FEES, AND COSTS.—No wages, and reasonable costs and attorneys’ tive, technical, and physical safeguards to money damages, fees or costs may be award- fees incurred during administrative and judi- prevent unauthorized disclosure of personal ed in the administrative appeal process cial review; or information, misuse by employers and em- under this paragraph. ‘‘(II) such final determination was erro- ployees, and discrimination; ‘‘(7) REVIEW BY ADMINISTRATIVE LAW neous by reason of the negligence of the Sec- ‘‘(v) to require regularly scheduled re- JUDGE.— retary or the Commissioner, the administra- fresher training of all users of the System to ‘‘(A) IN GENERAL.—Not later than 30 days tive law judge may order the Secretary or ensure compliance with all procedures; after the date an individual receives a final the Commissioner to pay the individual lost ‘‘(vi) to allow for auditing of the use of the determination on an administrative appeal wages, and reasonable costs and attorneys’ System to detect misuse, discrimination, under paragraph (6), the individual may ob- fees incurred during the administrative ap- fraud, and identity theft, to protect privacy tain review of such determination by filing a peal and the administrative law judge re- and assess System accuracy, and to preserve complaint with a Department of Justice ad- view. the integrity and security of the information ministrative law judge in accordance with ‘‘(ii) CALCULATION OF LOST WAGES.—Lost in all of the System, including— this paragraph. wages shall be calculated based on the wage ‘‘(I) to develop and use tools and processes ‘‘(B) STAY OF NONCONFIRMATION.—The non- rate and work schedule that prevailed prior to detect or prevent fraud and identity theft, confirmation related to such final deter- to termination. The individual shall be com- such as multiple uses of the same identifying mination shall be automatically stayed upon pensated for wages lost beginning on the information or documents to fraudulently the timely filing of a complaint under this first scheduled work day after employment gain employment;

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.042 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5090 CONGRESSIONAL RECORD — SENATE June 24, 2013 ‘‘(II) to develop and use tools and processes possession of the data beyond the formula- the same standards as for employment au- to detect and prevent misuse of the system tion of queries and verification of responses; thorization; and by employers and employees; ‘‘(X) to not permit individuals or entities ‘‘(bb) include recommendations, as pro- ‘‘(III) to develop tools and processes to de- using the System to access any data related vided in subclause (I), but no reduction in tect anomalies in the use of the system that to the individuals whose identities are being fines pursuant to subclause (IV). may indicate potential fraud or misuse of verified beyond confirmations, further ac- ‘‘(IV) REDUCTION OF PENALTIES FOR RECORD- the system; tion notices, and final nonconfirmations of KEEPING OR VERIFICATION PRACTICES FOL- ‘‘(IV) to audit documents and information identity; LOWING PERSISTENT SYSTEM INACCURACIES.— submitted by employees to employers, in- ‘‘(XI) to include, if feasible, a capability Notwithstanding subsection (e)(4)(C)(i), in cluding authority to conduct interviews with for permitting document or other inputs any calendar year following a report by the employers and employees, and obtain infor- that can be offered to individuals and enti- Inspector General under subclause (I) that mation concerning employment from the ties using the System and that may be used the System had an error rate higher than 0.3 employer; at the option of employees to facilitate iden- percent for the previous fiscal year, the civil ‘‘(vii) to confirm identity and employment tity verification, but would not be required penalty assessable by the Secretary or an ad- authorization through verification and com- of either employers or employees; and ministrative law judge under that subsection parison of records as determined necessary ‘‘(XII) to the greatest extent possible, in for each first-time violation by an employer by the Secretary; accordance with the time frames specified in who has not previously been penalized under ‘‘(viii) to confirm electronically the this section; and this section may not exceed $1,000. issuance of the employment authorization or ‘‘(iv) RECORDS SECURITY PROGRAM.—Any ‘‘(x) to provide appropriate notification di- identity document and— person, including a private third party ven- rectly to employers registered with the Sys- ‘‘(I) if such photograph is available, to dis- dor, who retains document verification or tem of all changes made by the Secretary or play the digital photograph that the issuer System data pursuant to this section shall the Commissioner related to allowed and placed on the document so that the employer implement an effective records security pro- prohibited documents, and use of the Sys- can compare the photograph displayed to the gram that— tem. photograph on the document presented by ‘‘(I) ensures that only authorized personnel AFEGUARDS TO THE SYSTEM.— the employee; or ‘‘(C) S have access to document verification or Sys- ‘‘(II) if a photograph is not available from ‘‘(i) REQUIREMENT TO DEVELOP.—The Sec- tem data; and the issuer, to confirm the authenticity of the retary, in consultation with the Commis- ‘‘(II) ensures that whenever such data is document using additional security meas- sioner and other appropriate Federal and created, completed, updated, modified, al- ures set forth in subsection (c)(1)(F)(iv); State agencies, shall develop policies and tered, or corrected in electronic format, a se- ‘‘(ix) to employ specific and effective addi- procedures to ensure protection of the pri- cure record is created that establishes the tional security measures set forth in sub- vacy and security of personally identifiable date of access, the identity of the individual section (c)(1)(F)(iv) to adequately verify the information and identifiers contained in the who accessed the electronic record, and the identity of an individual that are designed records accessed or maintained by the Sys- particular action taken. and operated— tem. The Secretary, in consultation with the ‘‘(v) RECORDS SECURITY PROGRAM.—In addi- ‘‘(I) to use state-of-the-art technology to Commissioner and other appropriate Federal tion to the security measures described in determine to a high degree of accuracy and State agencies, shall develop and deploy clause (iv), a private third party vendor who whether an individual presenting biographic appropriate privacy and security training for retains document verification or System information is the individual with that true the Federal and State employees accessing data pursuant to this section shall imple- identity; the records under the System. ment an effective records security program ‘‘(II) to retain under the control of the Sec- ‘‘(ii) PRIVACY AUDITS.—The Secretary, act- that— retary the use of all determinations commu- ing through the Chief Privacy Officer of the ‘‘(I) provides for backup and recovery of nicated by the System, regardless of the en- Department, shall conduct regular privacy any records maintained in electronic format tity operating the system pursuant to a con- audits of the policies and procedures estab- to protect against information loss, such as tract or other agreement with a nongovern- lished under clause (i) and the Department’s power interruptions; and mental entity or entities to the extent help- compliance with the limitations set forth in ‘‘(II) ensures that employees are trained to ful in acquiring the best technology to im- subsection (c)(1)(F)(iii)(IV), including any minimize the risk of unauthorized or acci- plement the additional security measures; collection, use, dissemination, and mainte- dental alteration or erasure of such data in ‘‘(III) to be integrated with the System so nance of personally identifiable information electronic format. that employment authorizations will be de- and any associated information technology ‘‘(vi) AUTHORIZED PERSONNEL DEFINED.—In termined for all individuals identified as pre- systems, as well as scope of requests for this this subparagraph, the term authorized per- senting their true identities through the information. The Chief Privacy Officer shall sonnel means anyone registered as a System databases maintained by the Commissioner review the results of the audits and rec- user, or anyone with partial or full responsi- of Social Security and the Secretary; ommend to the Secretary any changes nec- bility for completion of employment author- ‘‘(IV) to use tools and processes to detect essary to improve the privacy protections of ization verification or retention of data in and prevent further action notices and final the program. connection with employment authorization nonconfirmations that are not correlated to ‘‘(iii) ACCURACY AUDITS.— verification on behalf of an employer. fraud or identity theft; ‘‘(I) IN GENERAL.—Not later than November ‘‘(D) AVAILABLE FACILITIES AND ALTER- ‘‘(V) to make risk-based assessments re- 30 of each year, the Inspector General of the NATIVE ACCOMMODATIONS.—The Secretary garding the reliability of a claim of identity Department of Homeland Security shall sub- shall make appropriate arrangements and made by an individual presenting biographic mit a report to the Secretary, with a copy to develop standards to allow employers or em- information and to tailor the identity deter- the President of the Senate and the Speaker ployees, including remote hires, who are oth- mination in accordance with those assess- of the House of Representatives, that sets erwise unable to access the System to use ments; forth the error rate of the System for the electronic and telephonic formats (including ‘‘(VI) to permit queries to be presented to previous fiscal year and the assessments re- video conferencing, scanning technology, individuals subject to identity verification quired to be submitted by the Secretary and other available technologies), Federal at the time their identities are being verified under subparagraphs (A) and (B) of para- Government facilities, public facilities, or in a manner that permits rapid communica- graph (10). The report shall describe in detail other available locations in order to utilize tion through Internet, mobile phone, and the methodology employed for purposes of the System. landline telephone connections to facilitate the report, and shall make recommendations ‘‘(E) RESPONSIBILITIES OF THE SECRETARY.— identity proofing; for how error rates may be reduced. ‘‘(i) IN GENERAL.—As part of the System, ‘‘(VII) to generate queries that conform to ‘‘(II) ERROR RATE DEFINED.—In this clause, the Secretary shall maintain a reliable, se- the context of the identity verification proc- the term error rate means the percentage de- cure method, which, operating through the ess and the circumstances of the individual termined by dividing— System and within the time periods speci- whose identity is being verified; ‘‘(aa) the number of employment author- fied, compares the name, alien identification ‘‘(VIII) to use publicly available databases ized individuals who received further action or authorization number, or other informa- and databases under the jurisdiction of the notices, contested such notices, and were tion as determined relevant by the Sec- Commissioner of Social Security, the Sec- subsequently found to be employment au- retary, provided in an inquiry against such retary, and the Secretary of State to formu- thorized; by information maintained or accessed by the late queries to be presented to individuals ‘‘(bb) the number of System inquiries sub- Secretary in order to confirm (or not con- whose identities are being verified, as appro- mitted for employment authorized individ- firm) the validity of the information propriate; uals. vided, the correspondence of the name and ‘‘(IX) to not retain data collected by the ‘‘(III) ERROR RATE DETERMINATION.—The number, whether the alien has employment System within any database separate from audits required under this clause shall— authorized status (or, to the extent that the the database in which the operating system ‘‘(aa) determine the error rate for identity Secretary determines to be feasible and ap- is located and to limit access to the existing determinations pursuant to subsection propriate, whether the records available to databases to a reference process that shields (c)(1)(F) for individuals presenting their true the Secretary verify the identity or status of the operator of the System from acquiring identities in the same manner and applying a national of the United States), and such

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.042 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5091 other information as the Secretary may pre- Liberties of the Department shall review the ‘‘(D) An assessment of the rate of employer scribe. results of each such assessment and rec- noncompliance (in addition to failure to pro- ‘‘(ii) PHOTOGRAPH DISPLAY.—As part of the ommend to the Secretary any changes nec- vide required notices in a timely fashion) in System, the Secretary shall establish a reli- essary to improve the civil rights and civil each of the following categories: able, secure method, which, operating liberties protections of the System. ‘‘(i) Taking adverse action based on a fur- through the System, displays the digital ‘‘(F) GRANTS TO STATES.— ther action notice. photograph described in subparagraph ‘‘(i) IN GENERAL.—The Secretary shall cre- ‘‘(ii) Use of the System for nonemployees (B)(viii)(I). ate and administer a grant program to help or other individuals before they are offered ‘‘(iii) TIMING OF NOTICES.—The Secretary provide funding for reimbursement of the ac- employment. shall have authority to prescribe when a con- tual costs to States that grant— ‘‘(iii) Use of the System to reverify em- firmation, nonconfirmation, or further ac- ‘‘(I) the Secretary access to driver’s license ployment authorized status of current em- tion notice shall be issued. information as needed to confirm that a ployees except if authorized to do so. ‘‘(iv) USE OF INFORMATION.—The Secretary driver’s license presented under subsection ‘‘(iv) Use of the System selectively, except shall perform regular audits under the Sys- (c)(1)(D)(i) confirms the identity of the sub- in cases in which such use is authorized. tem, as described in subparagraph (B)(vi) and ject of the System check, and that a driver’s ‘‘(v) Use of the System to deny employ- shall utilize the information obtained from license matches the State’s records; and ment or post-employment benefits or other- such audits, as well as any information ob- ‘‘(II) such assistance as the Secretary may wise interfere with labor rights. tained from the Commissioner pursuant to request in order to resolve further action no- ‘‘(vi) Requiring employees or applicants to part E of title XI of the Social Security Act tices or nonconfirmations relating to such use any self-verification feature or to pro- (42 U.S.C. 1301 et seq.), for the purposes of information. vide self-verification results. this section and to administer and enforce ‘‘(ii) CONSTRUCTION WITH THE DRIVER’S PRI- ‘‘(vii) Discouraging individuals who receive the immigration laws. VACY PROTECTION ACT OF 1994.—The provision a further action notice from challenging the ‘‘(v) IDENTITY FRAUD PROTECTION.—To pre- of a photograph to the Secretary as de- further action notice or appealing a deter- vent identity fraud, not later than 18 months scribed in clause (i) may not be construed as mination made by the System. after the date of the enactment of the Border a violation of section 2721 of title 18, United Security, Economic Opportunity, and Immi- States Code, and is a permissible use under ‘‘(E) An assessment of the rate of employee gration Modernization Act, the Secretary subsection (b)(1) of that section. noncompliance in each of the following categories: shall— ‘‘(iii) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(I) in consultation with the Commis- There is authorized to be appropriated to the ‘‘(i) Obtaining employment when unau- sioner, establish a program to provide a reli- Secretary, from the Comprehensive Immi- thorized with an employer complying with able, secure method for an individual to tem- gration Reform Trust Fund established the System in good faith. porarily suspend or limit the use of the indi- under section 6(a)(1), $500,000,000 to carry out ‘‘(ii) Failure to provide required documents vidual’s social security account number or this subparagraph. in a timely manner. other identifying information for ‘‘(G) RESPONSIBILITIES OF THE SECRETARY ‘‘(iii) Attempting to use fraudulent docu- verification by the System; and OF STATE.—As part of the System, the Sec- ments or documents not related to the indi- ‘‘(II) for each individual being verified retary of State shall provide to the Sec- vidual. through the System— retary access to passport and visa informa- ‘‘(iv) Misuse of the administrative appeal ‘‘(aa) notify the individual that the indi- tion as needed to confirm that a passport, and judicial review process. vidual has the option to limit the use of the passport card, or visa presented under sub- ‘‘(F) An assessment of the amount of time individual’s social security account number section (c)(1)(C) confirms the identity of the taken for— or other identifying information for subject of the System check, and that a pass- ‘‘(i) the System to provide the confirma- verification by the System; and port, passport card, or visa photograph tion or further action notice; ‘‘(bb) provide instructions to the individ- matches the Secretary of State’s records, ‘‘(ii) individuals to contest further action uals for exercising the option referred to in and shall provide such assistance as the Sec- notices; item (aa). retary may request in order to resolve fur- ‘‘(iii) the System to provide a confirmation ‘‘(vi) ALLOWING PARENTS TO PREVENT THEFT ther action notices or nonconfirmations re- or nonconfirmation of a contested further OF THEIR CHILD’S IDENTITY.—The Secretary, lating to such information. action notice; in consultation with the Commissioner, shall ‘‘(H) UPDATING INFORMATION.—The Com- ‘‘(iv) individuals to file an administrative establish a program that provides a reliable, missioner, the Secretary, and the Secretary appeal of a nonconfirmation; and secure method by which parents or legal of State shall update their information in a ‘‘(v) resolving administrative appeals re- guardians may suspend or limit the use of manner that promotes maximum accuracy garding nonconfirmations. the social security account number or other and shall provide a process for the prompt ‘‘(11) ANNUAL GAO STUDY AND REPORT.— identifying information of a minor under correction of erroneous information. ‘‘(A) REQUIREMENT.—The Comptroller Gen- their care for the purposes of the System. ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— eral shall, for each year, undertake a study The Secretary may implement the program Notwithstanding any other provision of law, to evaluate the accuracy, efficiency, integ- on a limited pilot program basis before mak- no department, bureau, or other agency of rity, and impact of the System. ing it fully available to all individuals. the United States Government or any other ‘‘(B) REPORT.—Not later than 18 months ‘‘(vii) PROTECTION FROM MULTIPLE USE.— entity shall utilize, share, or transmit any after the promulgation of regulations to im- The Secretary and the Commissioner shall information, database, or other records as- plement this subsection, and yearly there- establish a procedure for identifying and sembled under this subsection for any pur- after, the Comptroller General shall submit handling a situation in which a social secu- pose other than for employment verification to Congress a report containing the findings rity account number has been identified to or to ensure secure, appropriate and non- of the study carried out under this para- be subject to unusual multiple use in the discriminatory use of the System. graph. Each such report shall include, at a System or is otherwise suspected or deter- ‘‘(10) ANNUAL REPORT AND CERTIFICATION.— minimum, the following: mined to have been compromised by identity Not later than 18 months after the promulga- ‘‘(i) An assessment of System performance fraud. Such procedure shall include notifying tion of regulations to implement this sub- with respect to the rate at which individuals the legitimate holder of the social security section, and annually thereafter, the Sec- who are eligible for employment in the number at the appropriate time. retary shall submit to Congress a report that United States are correctly approved within ‘‘(viii) MONITORING AND COMPLIANCE UNIT.— includes the following: the required periods, including a separate as- The Secretary shall establish or designate a ‘‘(A) An assessment, as submitted to the sessment of such rate for naturalized United monitoring and compliance unit to detect Secretary by the Inspector General of the States citizens, nationals of the United and reduce identity fraud and other misuse Department of Homeland Security pursuant States, and aliens. of the System. to paragraph (8)(C)(iii)(I), of the accuracy ‘‘(ii) An assessment of the privacy and con- ‘‘(ix) CIVIL RIGHTS AND CIVIL LIBERTIES AS- rates of further action notices and other Sys- fidentiality of the System and of the overall SESSMENTS.— tem notices provided by employers to indi- security of the System with respect to ‘‘(I) REQUIREMENT TO CONDUCT.—The Sec- viduals who are authorized to be employed in cybertheft and theft or misuse of private retary shall conduct regular civil rights and the United States. data. civil liberties assessments of the System, in- ‘‘(B) An assessment, as submitted to the ‘‘(iii) An assessment of whether the Sys- cluding participation by employers, other Secretary by the Inspector General of the tem is being implemented in a manner that private entities, and Federal, State, and Department of Homeland Security pursuant is not discriminatory or used for retaliation local government entities. to paragraph (8)(C)(iii)(I), of the accuracy against employees. ‘‘(II) REQUIREMENT TO RESPOND.—Employ- rates of further action notices and other Sys- ‘‘(iv) An assessment of the most common ers, other private entities, and Federal, tem notices provided directly (by the Sys- causes for the erroneous issuance of noncon- State, and local entities shall timely respond tem) in a timely fashion to individuals who firmations by the System and recommenda- to any request in connection with such an are not authorized to be employed in the tions to correct such causes. assessment. United States. ‘‘(v) The recommendations of the Comp- ‘‘(III) ASSESSMENT AND RECOMMENDA- ‘‘(C) An assessment of any challenges faced troller General regarding System improve- TIONS.—The Officer for Civil Rights and Civil by small employers in utilizing the System. ments.

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.042 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5092 CONGRESSIONAL RECORD — SENATE June 24, 2013 ‘‘(vi) An assessment of the frequency and ‘‘(i) a reasonable cause determination by Mr. LEAHY (for himself and Mr. HATCH) magnitude of changes made to the System the Office of Special Counsel for Immigra- to the bill S. 744, to provide for com- and the impact on the ability for employers tion Related Unfair Employment Practices; prehensive immigration reform and for to comply in good faith. or other purposes; which was ordered to ‘‘(vii) An assessment of the direct and indi- ‘‘(ii) a finding by an administrative law lie on the table; as follows: rect costs incurred by employers in com- judge that a violation of this section has oc- plying with the System, including costs as- curred; or In title II, beginning on page 187, strike sociated with retaining potential employees ‘‘(B) committed the violation in order to line 13 and all that follows through page 188, through the administrative appeals process interfere with ‘workplace rights’ (as defined line 13, and insert the following: and receiving a nonconfirmation. in section 274A(b)(8)). ‘‘(ii) was younger than 16 years of age on the date on which the alien initially entered ‘‘(viii) An assessment of any backlogs or ‘‘(11) GOOD FAITH.—As used in paragraph delays in the System providing the con- (10), the term ‘good faith’ shall not include the United States; and firmation or further action notice and im- any action taken in order to interfere with ‘‘(iii)(I)(aa) has earned a high school di- pacts to hiring by employers. ‘workplace rights’ (as defined in section ploma, a commensurate alternative award from a public or private high school or sec- ‘‘(ix) An assessment of the effect of the 274A(b)(8)). Neither the Office of Special ondary school, or has obtained a general edu- identity authentication mechanism and any Counsel nor an administrative law judge cation development certificate recognized other security measures set forth in sub- hearing a claim under this section shall have under State law, or a high school equiva- section (c)(1)(F)(iv) to verify identity incor- any authority to assess workplace rights lency diploma in the United States and has porated into the System or otherwise used other than those guaranteed under this sec- provided a list of each secondary school (as by employers on employees. tion. that term is defined in section 9101 of the El- ‘‘(12) OUTREACH AND PARTNERSHIP.— ‘‘(12) RULES OF CONSTRUCTION.—Nothing in ementary and Secondary Education Act of ‘‘(A) OUTREACH.—The Secretary is author- this section may be construed— 1965 (20 U.S.C. 7801)) that the alien attended ized to conduct outreach and establish pro- ‘‘(A) to permit the Office of Special Coun- in the United States; and grams to assist employers in verifying em- sel for Immigration-Related Unfair Employ- ployment authorization and preventing iden- ‘‘(bb)(AA) has acquired a degree from an ment Practices or an administrative law institution of higher education or has com- tity fraud. judge hearing a claim under this Section to ‘‘(B) PARTNERSHIP INITIATIVE.—The Sec- pleted at least 2 years, in good standing, in enforce any workplace rights other than a program for a bachelor’s degree or higher retary may establish partnership initiatives those guaranteed under this section; or between the Federal Government and private degree in the United States; or ‘‘(B) to prohibit any person, other entity, ‘‘(BB) has served in the Uniformed Services sector employers to foster cooperative rela- or employment agency from using an iden- tionships and to strengthen overall hiring for at least 4 years and, if discharged, re- tity verification system, service, or method ceived an honorable discharge; or practices.’’. (in addition to the employment verification (c) TAXPAYER ADDRESS INFORMATION.—Sec- ‘‘(II) is under 18 years of age on the date system described in section 274A(d)), until the immigrant submits an application for tion 6103(m) of the Internal Revenue Code of the date on which the employer is required 1986 is amended by adding at the end the fol- such adjustment and is enrolled in school or to participate in the System under section has completed a general education develop- lowing: 274A(d)(2) and the additional security meas- ‘‘(8) TAXPAYER ADDRESS INFORMATION FUR- ment certificate on the date the immigrant ures mandated by section 274A(c)(F)(iv) have submits an application for adjustment. NISHED TO SECRETARY OF HOMELAND SECU- become available to verify the identity of a RITY.—Upon written request from the Sec- ‘‘(B) SPECIAL PROVISIONS.— newly hired employee, if such system— ‘‘(i) EXCEPTION TO AGE REQUIREMENT.—An retary of Homeland Security, the Secretary ‘‘(i) is used in a uniform manner for all shall disclose the mailing address of any tax- alien lawfully admitted for permanent resi- newly hired employees; dence pursuant to subparagraph (A)(iii)(II) payer who is entitled to receive a notifica- ‘‘(ii) is not used for the purpose or with the tion from the Secretary of Homeland Secu- may be naturalized notwithstanding the age intent of discriminating against any indi- requirements in section 334. rity pursuant to paragraphs (1)(C) and vidual; (8)(E)(vii) of section 274A(d) of the Immigra- ‘‘(ii) REQUIREMENTS UNDER SECTION 316.—An ‘‘(iii) provides for timely notice to employ- alien may naturalize under section 316 no tion and Nationality Act (8 U.S.C. 1324a(d)) ees run through the system of a mismatch or for use only by employees of the Department sooner than 5 years after the date on which failure to confirm identity; and the alien was lawfully admitted for perma- of Homeland for the purpose of mailing such ‘‘(iv) sets out procedures for employees run nent residence pursuant to subparagraph notification to such taxpayer.’’. through the system to resolve a mismatch or (d) SOCIAL SECURITY ACCOUNT STATE- (A)(iii)(II). other failure to confirm identity. MENTS.—Section 1143(a)(2) of the Social Secu- ‘‘(C) HARDSHIP EXCEPTION.—’’. ‘‘(13) LIABILITY.—A person, entity, or em- rity Act (8 U.S.C. 1320b–13(a)(2)) is amended— Mr. WICKER submitted an (1) in subparagraph (D), by striking ‘‘and’’ ployment agency that uses an identity SA 1637. at the end; verification system, service, or method in a amendment intended to be proposed to (2) in subparagraph (E), by striking the pe- way that conflicts with the requirements set amendment SA 1183 submitted by Mr. riod at the end and inserting ‘‘; and’’; and forth in paragraph (10) shall be subject to li- LEAHY (for himself and Mr. HATCH) to (3) by adding at the end the following: ability under paragraph (4)(I).’’. the bill S. 744, to provide for com- (f) MAINTENANCE OF REASONABLE LEVELS OF ‘‘(F) to the extent resources are available, prehensive immigration reform and for SERVICE AND ENFORCEMENT.—Notwith- information in the Commissioner’s records standing section 3301(b)(1), amounts appro- other purposes; which was ordered to indicating that a query was submitted to the priated pursuant to such section shall be lie on the table; as follows: employment verification system established used to maintain reasonable levels of service In section 6(a)(2), strike subparagraph (C) under section 274A (d) of the Immigration and enforcement rather than a specific nu- and insert the following: and Nationality Act (8 U.S.C. 1324a(d)) under meric increase in the number of Department (C) ANNUAL INFLATION ADJUSTMENT RE- that individual’s name or social security personnel dedicated to administering the QUIRED.—The Secretary shall adjust each of number; and Employment Verification System. the fees and penalties specified in clauses ‘‘(G) a toll-free telephone number operated (ii), (iii), (iv), (v), (vi), and (xviii) of subpara- by the Department of Homeland Security for SA 1635. Mr. WYDEN (for himself and graph (B) on October 1, 2014, and annually employment verification system inquiries Mrs. BOXER) submitted an amendment thereafter, to reflect the inflation rate dur- and a link to self-verification procedure es- intended to be proposed to amendment ing the most recent 12-month period, as tablished under section 274A(d)(4)(I) of such measured by such price index as the Sec- SA 1183 submitted by Mr. LEAHY (for Act.’’. retary considers appropriate, rounded to the (e) GOOD FAITH COMPLIANCE.—Section himself and Mr. HATCH) to the bill S. nearest dollar. 274B(a) (8 U.S.C. 1324b(a)), as amended by sec- 744, to provide for comprehensive im- tion 3105(a) of this Act, is further amended migration reform and for other pur- SA 1638. Mr. WICKER submitted an by adding at the end the following: poses; which was ordered to lie on the amendment intended to be proposed to ‘‘(10) TREATMENT OF CERTAIN VIOLATIONS table; as follows: amendment SA 1183 submitted by Mr. AFTER REASONABLE STEPS IN GOOD FAITH.— Notwithstanding paragraphs (4), (6), and (7), On page 7, line 23, insert after the period at LEAHY (for himself and Mr. HATCH) to a person, other entity, or employment agen- the end the following: ‘‘In this subsection, the bill S. 744, to provide for com- cy shall not be liable for civil penalties de- the term ‘physical tactical infrastructure’ prehensive immigration reform and for scribed in section 274B(g)(2)(B)(iv) that are means roads, vehicle and pedestrian fences, other purposes; which was ordered to related to a violation of any such paragraph port of entry barriers, lights, bridges, and lie on the table; as follows: if the person, entity, or employment agency towers for technology and surveillance.’’. In section 245B(b) of the Immigration and has taken reasonable steps, in good faith, to Nationality Act, as added by section 2101(a) comply with such paragraphs at issue, unless SA 1636. Mr. BLUMENTHAL (for of this amendment, strike paragraph (4). the person, other entity, or employment himself and Ms. MURKOWSKI) submitted agency— an amendment intended to be proposed SA 1639. Mr. WICKER submitted an ‘‘(A) was, for similar conduct, subject to— to amendment SA 1183 submitted by amendment intended to be proposed to

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.042 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5093 amendment SA 1183 submitted by Mr. Act, the Secretary of Labor shall establish date of enactment of the Virgin Islands Visa LEAHY (for himself and Mr. HATCH) to an advisory committee to advise the Sec- Waiver Act of 2013. The promulgation of such the bill S. 744, to provide for com- retary on the implementation of subsection regulations shall be considered a foreign af- prehensive immigration reform and for (g) of section 1137 of the Social Security Act, fairs function for purposes of section 553(a) of as added by subsection (a). title 5, United States Code. At a minimum, other purposes; which was ordered to (2) MEMBERSHIP.—The advisory committee such regulations should include, but not nec- lie on the table; as follows: shall include— essarily be limited to— At the end of subtitle A of title II, add the (A) State government officials, representa- ‘‘(i) a listing of all member or associate following: tives of small, medium, and large businesses, member countries of the Caribbean Commu- SEC. 2112. INCREASED PENALTIES. representatives of labor organizations, labor nity (CARICOM) whose nationals may ob- Chapter 5 (8 U.S.C. 1255 et seq.), as amend- market analysts, privacy and data experts, tain, on a country by country basis, the ed by sections 2101 and 2102 of this Act, is and non-profit stakeholders; and waiver provided by this paragraph, except further amended— (B) such other individuals determined ap- that such regulations shall not provide for a (1) in section 245B(c)(10)(C)(i), by striking propriate by the Secretary of Labor. listing of any country if the Secretary of ‘‘$1,000’’ and insert ‘‘$2,000’’; and (3) MEETINGS.—The advisory committee Homeland Security determines that such (2) in section 245C(c)(5)(B)(i), by striking shall meet no less than annually. country’s inclusion on such list would rep- ‘‘$1,000’’ and insert ‘‘$2,000’’. (4) TERMINATION.—The advisory committee resent a threat to the welfare, safety, or se- shall terminate on the date that is 3 years curity of the United States or its territories SA 1640. Mr. WYDEN submitted an after the date of the first meeting of the and commonwealths; and amendment intended to be proposed to committee. ‘‘(ii) any bonding requirements for nation- amendment SA 1183 submitted by Mr. als of some or all of those countries who may SA 1641. Mr. WYDEN submitted an present an increased risk of overstays or LEAHY (for himself and Mr. HATCH) to amendment intended to be proposed to other potential problems, if different from the bill S. 744, to provide for com- amendment SA 1183 submitted by Mr. such requirements otherwise provided by law prehensive immigration reform and for LEAHY (for himself and Mr. HATCH) to for nonimmigrant visitors. other purposes; which was ordered to the bill S. 744, to provide for com- ‘‘(E) FACTORS.—In determining whether to lie on the table; as follows: prehensive immigration reform and for grant or continue providing the waiver under At the appropriate place, insert the fol- other purposes; which was ordered to this paragraph to nationals of any country, lowing: lie on the table; as follows: the Secretary of Homeland Security, in consultation with the Secretary of the Interior SEC. ll. IMPROVED COLLECTION AND USE OF Beginning on page 426, strike line 21, and LABOR MARKET INFORMATION. all that follows through page 427, line 7, and and the Secretary of State, shall consider all factors that the Secretary deems relevant, (a) IN GENERAL.—Section 1137 of the Social insert the following: Security Act (42 U.S.C. 1320b–7) is amended— (d) WAIVERS OF INADMISSABILITY.— including electronic travel authorizations, (1) in subsection (a)— (1) IN GENERAL.—Section 212 (8 U.S.C. 1182) procedures for reporting lost and stolen pass- (A) in paragraph (2), by inserting ‘‘(includ- is amended— ports, repatriation of aliens, rates of refusal ing the occupational information under sub- (A) in subsection (l)— for nonimmigrant visitor visas, overstays, section (g))’’ after ‘‘paragraph (3) of this sub- (i) by amending the subsection heading to exit systems, and information exchange. section’’; and read as follows: ‘‘GUAM, NORTHERN MARIANA ‘‘(F) SUSPENSION.—The Secretary of Home- (B) in paragraph (3), by striking ‘‘employ- ISLANDS, AND VIRGIN ISLANDS VISA WAIVER land Security shall monitor the admission of ers (as defined’’ and inserting ‘‘subject to PROGRAMS.—’’; and nonimmigrant visitors to the United States subsection (g), employers (as defined’’; and (ii) by adding at the end the following: Virgin Islands under this paragraph. If the (2) by adding at the end the following new ‘‘(7) VIRGIN ISLANDS VISA WAIVER PRO- Secretary determines that such admissions subsection: GRAM.— have resulted in an unacceptable number of ‘‘(g)(1) Beginning January 1, 2016, each ‘‘(A) IN GENERAL.—The requirement of sub- visitors from a country remaining unlaw- quarterly wage report required to be subsection (a)(7)(B)(i) may be waived by the Sec- fully in the United States Virgin Islands, un- mitted by an employer under subsection retary of Homeland Security, in the case of lawfully obtaining entry to other parts of (a)(3) shall include such occupational infor- an alien who is a national of a country de- the United States, or seeking withholding of mation with respect to each employee of the scribed in subparagraph (B) and who is ap- removal or asylum, or that visitors from a employer that permits the classification of plying for admission as a nonimmigrant vis- country pose a risk to law enforcement or se- such employees into occupational categories itor for business or pleasure and solely for curity interests of the United States Virgin as found in the Standard Occupational Clas- entry into and stay in the United States Vir- Islands or of the United States (including the sification (SOC) system. gin Islands for a period not to exceed 30 days, interest in the enforcement of the immigra- ‘‘(2) The State agency receiving the occu- if the Secretary of Homeland Security, after tion laws of the United States), the Sec- pational information described in paragraph consultation with the Secretary of the Inte- retary shall suspend the admission of nation- (1) shall make such information available to rior, the Secretary of State, the Governor of als of such country under this paragraph. the Secretary of Labor pursuant to proce- the United States Virgin Islands, determines The Secretary of Homeland Security may in dures established by the Secretary of Labor. that such a waiver does not represent a the Secretary’s discretion suspend the ‘‘(3)(A)(i) The Secretary of Labor shall threat to the welfare, safety, or security of United States Virgin Islands visa waiver pro- make occupational information submitted the United States or its territories and com- gram at any time, on a country-by-country under paragraph (2) available to other State monwealths. basis, for other good cause. and Federal agencies, including the United ‘‘(B) COUNTRIES.—A country described in ‘‘(G) ADDITION OF COUNTRIES.—The Gov- States Census Bureau, the Bureau of Labor this subparagraph is a country that— ernor of the United States Virgin Islands Statistics, and other State and Federal re- ‘‘(i) is a member or an associate member of may request the Secretary of the Interior search agencies. the Caribbean Community (CARICOM); and and the Secretary of Homeland Security to ‘‘(ii) Disclosure of occupational informa- ‘‘(ii) is listed in the regulations described add a particular country to the list of coun- tion under clause (i) shall be subject to the in subparagraph (D). tries whose nationals may obtain the waiver agency having safeguards in place that meet ‘‘(C) ALIEN WAIVER OF RIGHTS.—An alien provided by this paragraph, and the Sec- the requirements under paragraph (4). may not be provided a waiver under this retary of Homeland Security may grant such ‘‘(4) The Secretary of Labor shall establish paragraph unless the alien has waived any request after consultation with the Sec- and implement safeguards for the dissemina- right— retary of the Interior and the Secretary of tion and, subject to paragraph (5), the use of ‘‘(i) to review or appeal under this Act an State, and may promulgate regulations with occupational information received under this immigration officer’s determination as to respect to the inclusion of that country and subsection. the admissibility of the alien at the port of any special requirements the Secretary of ‘‘(5) Occupational information received entry into the United States Virgin Islands; Homeland Security, in the Secretary’s sole under this subsection shall only be used to or discretion, may impose prior to allowing na- classify employees into occupational cat- ‘‘(ii) to contest, other than on the basis of tionals of that country to obtain the waiver egories as found in the Standard Occupa- an application for withholding of removal provided by this paragraph.’’; and tional Classification (SOC) system and to under section 241(b)(3) of this Act or under (B) by adding at the end the following: analyze and evaluate occupations in order to the Convention Against Torture, or an appli- ‘‘(v) CONTINUED WAIVER ELIGIBILITY FOR improve the labor market for workers and cation for asylum if permitted under section WIDOWS, WIDOWERS, AND ORPHANS.—In the industries. 208, any action for removal of the alien. case of an alien who would have been statu- ‘‘(6) The Secretary of Labor shall establish ‘‘(D) REGULATIONS.—All necessary regula- torily eligible for any waiver of inadmis- procedures to verify the accuracy of informa- tions to implement this paragraph shall be sibility under this Act but for the death of a tion received under paragraph (2).’’. promulgated by the Secretary of Homeland qualifying relative, the eligibility of such (b) ADVISORY COMMITTEE.— Security, in consultation with the Secretary alien shall be preserved as if the death had (1) ESTABLISHMENT.—Not later than one of the Interior and the Secretary of State, on not occurred and the death of the qualifying year after the date of the enactment of this or before the date that is 1 year after the relative shall be the functional equivalent of

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.046 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5094 CONGRESSIONAL RECORD — SENATE June 24, 2013 hardship for purposes of any waiver of inad- ‘‘(bb) a fingerprint check by the Federal processing fee to the Department of Home- missibility which requires a showing of hard- Bureau of Investigation; land Security in an amount determined by ship.’’. ‘‘(cc) verification that the alien is not list- the Secretary. (2) CONFORMING AMENDMENTS.— ed on the consolidated terrorist watch list of ‘‘(ii) RECOVERY OF COSTS.—The processing (A) DOCUMENTATION REQUIREMENTS.—Sec- the Federal Government; fee authorized under clause (i) shall be set at tion 212(a)(7)(iii) (8 U.S.C. 1182(a)(7)(iii)) is ‘‘(dd) screening by the Office of Biometric a level that is sufficient to recover the full amended to read as follows: and Identity Management (formerly known costs of processing the application, including ‘‘(iii) SPECIAL VISA WAIVER PROGRAMS.—For as ‘US-VISIT’); and any costs incurred— a provision authorizing waiver of clause (i) ‘‘(ee) a check against the TECS system ‘‘(I) to adjudicate the application; in the case of visitors to Guam, the Com- (formerly known as the ‘Treasury Enforce- ‘‘(II) to take and process biometrics; monwealth of the Northern Mariana Islands, ment Communications System’); ‘‘(III) to perform national security and or the United States Virgin Islands, see sub- ‘‘(III) ensure that an official of the agency criminal checks, clearances, and other pre- section (l).’’. performing each such clearance documents requisites required under paragraph (8)(C), (B) ADMISSION OF NONIMMIGRANTS.—Section the results of the clearance; and including adjudication; 214(a)(1) (8 U.S.C. 1184(a)(1)) is amended by ‘‘(IV) establish procedures to ensure that a ‘‘(IV) to prevent and investigate fraud; and inserting before the final sentence the fol- minimum of 5 percent of the aggregate pool ‘‘(V) to administer the collection of such lowing: ‘‘No alien admitted to the United of applicants for registered provisional im- fee. States Virgin Islands without a visa pursu- migrant status at any time are randomly se- ‘‘(iii) AUTHORITY TO LIMIT FEES.—The Sec- ant to section 212(l)(7) may be authorized to lected for interviews. retary, by regulation, may— enter or stay in the United States other than ‘‘(ii) ADDITIONAL SECURITY SCREENING.—The ‘‘(I) limit the maximum processing fee pay- in United States Virgin Islands or to remain Secretary, in consultation with the Sec- able under this subparagraph by a family, in- in the United States Virgin Islands for a pe- retary of State and other interagency part- cluding spouses and unmarried children riod exceeding 30 days from date of admis- ners, shall conduct an additional security younger than 21 years of age; and sion to the United States Virgin Islands.’’. screening upon determining, in the Sec- ‘‘(II) exempt defined classes of individuals, retary’s opinion based upon information re- including individuals described in section SA 1642. Mr. HOEVEN submitted an lated to national security, that an alien or 245B(c)(13), from the payment of the fee au- amendment intended to be proposed to alien dependent spouse or child is or was a thorized under clause (i). amendment SA 1183 submitted by Mr. citizen or long-term resident of a region or ‘‘(B) DEPOSIT AND USE OF PROCESSING country known to pose a threat, or that con- LEAHY (for himself and Mr. HATCH) to FEES.—Fees collected under subparagraph tains groups or organizations that pose a the bill S. 744, to provide for com- (A)(i)— threat, to the national security of the United ‘‘(i) shall be deposited into the Immigra- prehensive immigration reform and for States. other purposes; which was ordered to tion Examinations Fee Account pursuant to ‘‘(iii) PREREQUISITE.—The required clear- section 286(m); and lie on the table; as follows: ances and screenings described in clauses ‘‘(ii) shall remain available until expended On page 30, line 6, before ‘‘is at least’’ in- (i)(I) and (ii) shall be completed before the pursuant to section 286(n). alien may be granted registered provisional sert the following: ‘‘, including any tech- ‘‘(C) PENALTY.— immigrant status. nology already available to, or in use by, the ‘‘(i) PAYMENT.—In addition to the proc- Department as of the date of enactment of ‘‘(9) DURATION OF STATUS AND EXTENSION.— essing fee required under subparagraph (A), this Act,’’. ‘‘(A) IN GENERAL.—The initial period of au- aliens not described in section 245D(b)(A)(ii) thorized admission for a registered provi- On page 82, beginning on line 3, strike ‘‘, who are 21 years of age or older and are filing working through U.S. Border Patrol,’’. sional immigrant— an application under this subsection shall ‘‘(i) shall remain valid for 6 years unless pay a $1,000 penalty to the Department of SA 1643. Mr. COBURN submitted an revoked pursuant to subsection (d)(2); and Homeland Security. amendment intended to be proposed to ‘‘(ii) may be extended for additional 6-year ‘‘(ii) INSTALLMENTS.—The Secretary shall terms if— amendment SA 1183 submitted by Mr. establish a process for collecting payments ‘‘(I) the alien remains eligible for reg- LEAHY (for himself and Mr. HATCH) to required under clause (i) that permits the istered provisional immigrant status; the bill S. 744, to provide for com- penalty under that clause to be paid in peri- ‘‘(II) the alien meets the employment re- prehensive immigration reform and for odic installments that shall be completed be- quirements set forth in subparagraph (B); fore the alien may be granted an extension of other purposes; which was ordered to ‘‘(III) the alien has successfully passed lie on the table; as follows: background checks that are equivalent to status under paragraph (9)(A)(ii). In section 245B(c) of the Immigration and the background checks described in section ‘‘(iii) DEPOSIT.—Penalties collected pursu- Nationality Act, as added by section 2101(a) 245D(b)(1)(E); and ant to this subparagraph shall be deposited of this amendment, strike paragraphs (8) ‘‘(IV) such status was not revoked by the into the Comprehensive Immigration Reform through (10) and insert the following: Secretary for any reason. Trust Fund established under section 6(a)(1) ‘‘(8) SECURITY AND LAW ENFORCEMENT ‘‘(B) EMPLOYMENT OR EDUCATION REQUIRE- of the Border Security, Economic Oppor- CLEARANCES.— MENT.—Except as provided in subparagraphs tunity, and Immigration Modernization ‘‘(A) BIOMETRIC AND BIOGRAPHIC DATA.—The (D) and (E) of section 245C(b)(3), an alien may Act.’’. Secretary may not grant registered provi- not be granted an extension of registered Mr. COBURN submitted an sional immigrant status to an alien or an provisional immigrant status under this SA 1644. alien dependent spouse or child under this paragraph unless the alien establishes that, amendment intended to be proposed to section unless such alien submits biometric during the alien’s period of status as a reg- amendment SA 1183 submitted by Mr. and biographic data in accordance with pro- istered provisional immigrant, the alien— LEAHY (for himself and Mr. HATCH) to cedures established by the Secretary. ‘‘(i)(I) was regularly employed throughout the bill S. 744, to provide for com- ‘‘(B) ALTERNATIVE PROCEDURES.—The Sec- the period of admission as a registered provi- prehensive immigration reform and for retary shall provide an alternative procedure sional immigrant, allowing for brief periods other purposes; which was ordered to for applicants who cannot provide the bio- lasting not more than 60 days; and lie on the table; as follows: metric data required under subparagraph (A) ‘‘(II) is not likely to become a public At the end of subtitle G of title III, add the because of a physical impairment. charge (as determined under section following: ‘‘(C) CLEARANCES AND OTHER PRE- 212(a)(4)); or SEC. 3722. REMOVAL OF NONIMMIGRANTS WHO REQUISITES.— ‘‘(ii) is able to demonstrate average income OVERSTAY THEIR VISAS. ‘‘(i) IN GENERAL.—Before any alien may be or resources that are not less than 100 per- (a) IN GENERAL.—Not later than 120 days granted registered provisional immigrant cent of the Federal poverty level throughout after the date of the enactment of this Act, status, the Secretary shall— the period of admission as a registered provi- the Secretary shall immediately initiate re- ‘‘(I) enable all aliens applying for such sta- sional immigrant. moval proceedings, in accordance with chap- tus to file applications electronically; ‘‘(C) PAYMENT OF TAXES.—An applicant ter 4 of title II of the Immigration and Na- ‘‘(II) ensure that in addition to the submis- may not be granted an extension of reg- tionality Act (8 U.S.C. 1221 et seq.), against sion of biometric and biographic data under istered provisional immigrant status under not fewer than 90 percent of the aliens who— subparagraph (A), an alien applying for such subparagraph (A)(ii) unless the applicant has (1) were admitted as nonimmigrants after status submits to national security and law satisfied any applicable Federal tax liability such date of enactment; and enforcement clearances, which shall be paid in accordance with paragraph (2). (2) have exceeded their authorized period of for with the fees collected under paragraph ‘‘(10) FEES AND PENALTIES.— admission. (10)(A) and shall include— ‘‘(A) STANDARD PROCESSING FEE.— (b) REPORT.—At the end of each calendar ‘‘(aa) a State and local criminal back- ‘‘(i) IN GENERAL.—Aliens who are 16 years quarter, the Secretary shall submit a report ground check through the National Law En- of age or older and are applying for reg- to Congress that identifies— forcement Telecommunication System, in- istered provisional immigrant status under (1) the total number of aliens who exceeded cluding the exchange of interstate driver li- paragraph (1), or for an extension of such their authorized period of stay as non- cense photos, if available; status under paragraph (9)(A)(ii), shall pay a immigrants during that quarter;

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.047 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5095 (2) the total number of aliens described in On page 331, line 19, strike ‘‘1 year’’ and in- ‘‘(I) $11.06 for calendar year 2014; paragraph (1) against whom the Secretary sert ‘‘3 years’’. ‘‘(II) $11.34 for calendar year 2015; and has initiated removal proceedings; and On page 331, strike lines 22 through 25. ‘‘(III) $11.62 for calendar year 2016. (3) statistics about aliens who lawfully en- On page 332, line 19, strike ‘‘1 year’’ and in- ‘‘(ii) For the category described in para- tered the United States and exceeded their sert ‘‘3 years’’. graph (2)(A)(ii)— authorized period of admission, categorized ‘‘(I) $9.27 for calendar year 2014; by visa type and nation of origin. SA 1649. Mr. CHAMBLISS submitted ‘‘(II) $9.50 for calendar year 2015; and an amendment intended to be proposed ‘‘(III) $9.74 for calendar year 2016. SA 1645. Mr. COBURN submitted an to amendment SA 1183 submitted by ‘‘(B) SUBSEQUENT YEARS.—The Secretary amendment intended to be proposed to Mr. LEAHY (for himself and Mr. HATCH) shall increase the hourly wage rates set amendment SA 1183 submitted by Mr. to the bill S. 744, to provide for com- forth in clause (i) and (ii) of subparagraph (A), for LEAHY (for himself and Mr. HATCH) to prehensive immigration reform and for the bill S. 744, to provide for com- other purposes; which was ordered to SA 1651. Mr. CHAMBLISS submitted prehensive immigration reform and for lie on the table; as follows: an amendment intended to be proposed other purposes; which was ordered to On page 315, between lines 8 and 9, insert to amendment SA 1183 submitted by lie on the table; as follows: the following: Mr. LEAHY (for himself and Mr. HATCH) In section 245B(c)(4) of the Immigration ‘‘(ii) LIMITATION.—Notwithstanding clause to the bill S. 744, to provide for com- and Nationality Act, as added by section (i), an alien who is or was a nonimmigrant prehensive immigration reform and for 2101(a) of this amendment, strike subpara- agricultural worker is not eligible for legal graph (C) and insert the following: services under the Legal Services Corpora- other purposes; which was ordered to ‘‘(C) INTERVIEWS.— tion Act (42 U.S.C. 2996 et seq.) if such alien lie on the table; as follows: ‘‘(i) MANDATORY INTERVIEWS.—Before is located outside the United States. On page 273, strike lines 10–18 and insert granting a waiver of ineligibility for reg- Beginning on page 316, strike lines 7 the following: istered provisional immigrant status under through 15 and insert the following: ‘‘(B) ALLOCATION OF VISAS.— this section, the Secretary, through U.S. ‘‘(iv) 90-DAY LIMIT.—The Federal Mediation ‘‘(i) IN GENERAL.—The allocation of visas Citizenship and Immigration Services, shall and Conciliation Service may conduct medi- described in subparagraph (A) for a year conduct an in-person interview if the appli- ation or other binding dispute resolution ac- shall be allocated as follows: cant is present in the United States and is tivities for a period not to exceed 90 days be- ‘‘(I) 70 percent shall be available January 1. described in paragraph (2) or (6)(B) of section ginning on the date on which the Federal ‘‘(II) 30 percent shall be available July 1. 212(a) (relating to criminal aliens and aliens Mediation and Conciliation Service receives ‘‘(ii) UNUSED VISAS.—Any visas available who failed to appear at prior removal hear- a request for assistance under clause (ii) un- on January 1 of a year under clause (i)(I) ings). less the parties agree to an extension of such that are unused as of July 1 of that year ‘‘(ii) PERMITTED INTERVIEWS.—The Sec- period. shall be added to the allocation available to retary, through U.S. Citizenship and Immi- ‘‘(v) BINDING MEDIATION.—Mediation or allocation available on July 1 of that year gration Services, may interview applicants other dispute resolution activities carried under clause (i)(II). for registered provisional immigrant status out under this subparagraph shall be binding not described in clause (i) to determine on the parties. SA 1652. Mr. CHAMBLISS submitted whether they meet the eligibility require- an amendment intended to be proposed ments set forth in subsection (b). SA 1650. Mr. CHAMBLISS submitted to amendment SA 1183 submitted by an amendment intended to be proposed Mr. LEAHY (for himself and Mr. HATCH) SA 1646. Mr. CHAMBLISS submitted to amendment SA 1183 submitted by to the bill S. 744, to provide for com- an amendment intended to be proposed Mr. LEAHY (for himself and Mr. HATCH) prehensive immigration reform and for to amendment SA 1183 submitted by to the bill S. 744, to provide for com- other purposes; which was ordered to Mr. LEAHY (for himself and Mr. HATCH) prehensive immigration reform and for lie on the table; as follows: to the bill S. 744, to provide for com- other purposes; which was ordered to On page 254, line 20, strike ‘‘5 years’’ and prehensive immigration reform and for lie on the table; as follows: insert ‘‘7 years’’. other purposes; which was ordered to On page 306, strike line 18 and all that fol- lie on the table; as follows: lows through page 309, line 12, and insert the SA 1653. Mr. CHAMBLISS submitted Beginning on page 255, strike lines 3–14, following: an amendment intended to be proposed and insert the following: ‘‘(2) JOB CATEGORIES.— to amendment SA 1183 submitted by ‘‘(1) QUALIFYING EMPLOYMENT.—Except as ‘‘(A) IN GENERAL.—For purposes of para- Mr. LEAHY (for himself and Mr. HATCH) provided in paragraph (3), during the 8-year graph (1), each nonimmigrant agricultural to the bill S. 744, to provide for com- period beginning on the date of the enact- worker employed by such employer shall be prehensive immigration reform and for ment of the Border Security, Economic Op- assigned to 1 of the following occupational portunity, and Immigration Modernization classifications: other purposes; which was ordered to Act the alien performed not less than 180 ‘‘(i) High-skilled agricultural workers, in- lie on the table; as follows: work days of agricultural employment dur- cluding the following, as defined by the Bu- On page 252 after line 7 insert: ‘‘An em- ing each of 5 years. reau of Labor Statistics: ployer shall not be required to provide such ‘‘(I) Agricultural equipment operators (45– written record to the alien or to the Sec- SA 1647. Mr. CHAMBLISS submitted 2091). retary of Agriculture more than once per an amendment intended to be proposed ‘‘(II) Farmworkers, Farm, Ranch, and year.’’ to amendment SA 1183 submitted by Aquacultural Animals (45–2093). Mr. CHAMBLISS submitted Mr. LEAHY (for himself and Mr. HATCH) ‘‘(ii) Low-skilled agricultural workers, in- SA 1654. to the bill S. 744, to provide for com- cluding the following, as defined by the Bu- an amendment intended to be proposed reau of Labor Statistics: to amendment SA 1183 submitted by prehensive immigration reform and for ‘‘(I) Graders and Sorters, Agricultural other purposes; which was ordered to Mr. LEAHY (for himself and Mr. HATCH) Products (45–2041). to the bill S. 744, to provide for com- lie on the table; as follows: ‘‘(II) Farmworkers and Laborers, Crops, prehensive immigration reform and for On page 233, line 5, add after the period the Nursery, and Greenhouse (45–2092). following: ‘‘The Secretary shall ensure that ‘‘(B) DETERMINATION OF CLASSIFICATION.—A other purposes; which was ordered to those aliens residing outside of the United nonimmigrant agricultural worker is em- lie on the table; as follows: States who are eligible to submit an applica- ployed in an occupational classification de- On page 232, lines 2 and 3, strike ‘‘575 hours tion are able to do so through the United scribed in clause (i) or (ii) of subparagraph or 100 work days’’ and insert ‘‘1000 hours or States Consulate in the alien’s country of (A) if the worker performs activities associ- 180 work days’’. residence.’’. ated with that occupational classification, as On page 262, strike lines 7–13 and insert the specified on the employee’s petition, for at following: SA 1648. Mr. CHAMBLISS submitted least 75 percent of the time in a semiannual ‘‘(C) SUFFICIENT EVIDENCE.—An alien who an amendment intended to be proposed employment period. cannot meet the burden of proof otherwise to amendment SA 1183 submitted by ‘‘(3) DETERMINATION OF WAGE RATE.— required by subparagraph (A) may, in an ‘‘(A) CALENDAR YEARS 2014 THROUGH 2016.— interview with the Secretary, establish that Mr. LEAHY (for himself and Mr. HATCH) The wage rate under this paragraph for cal- the alien has performed the days or hours of to the bill S. 744, to provide for com- endar years 2014 through 2016 shall be the fol- work referred to in subparagraph (A) by pro- prehensive immigration reform and for lowing: ducing sufficient evidence to show the extent other purposes; which was ordered to ‘‘(i) For the category described in para- of that employment as a matter of just and lie on the table; as follows: graph (2)(A)(i)— reasonable inference.

VerDate Mar 15 2010 05:15 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.047 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5096 CONGRESSIONAL RECORD — SENATE June 24, 2013 SA 1655. Mr. CHAMBLISS submitted (C) by adding at the end the following: On page 273, between lines 13 and 14, insert an amendment intended to be proposed ‘‘(IV) the alien entered the United States the following: to amendment SA 1183 submitted by as an alien described in section 101(a)(15)(K) (3) NOTARIO FRAUD.—The term ‘‘notario with the intent to enter into a valid mar- fraud’’ means immigration service providers Mr. LEAHY (for himself and Mr. HATCH) riage and the alien (or the child of the alien engaging in fraudulent conduct or willful to the bill S. 744, to provide for com- who is described in such section) was bat- misrepresentation of the provider’s legal au- prehensive immigration reform and for tered or subject to extreme cruelty by the thority to provide representation to immi- other purposes; which was ordered to United States citizen who filed the petition grant clientele and in Federal immigration lie on the table; as follows: to accord status under such section;’’. proceedings. On page 293, line 20, add ‘‘and’’ after the (3) APPLICATION UNDER SUSPENSION OF DE- (d) COMBATING NOTARIO FRAUD GRANT PRO- semicolon. PORTATION FOR DOMESTIC VIOLENCE SUR- GRAM.— On page 293, strike lines 23 through page VIVORS.—The Secretary or the Attorney Gen- (1) ESTABLISHMENT.—Not later than 180 294, and insert the following: ‘‘recent 4-year eral may suspend the deportation of an alien days after the date of the enactment of this period.’’. who is in deportation proceedings initiated Act, the Attorney General shall establish a prior to March 1, 1997 and adjust to the sta- program, to be known as the ‘‘Combating SA 1656. Mr. CHAMBLISS submitted tus of an alien lawfully admitted for perma- Notario Fraud Grant Program’’, under which an amendment intended to be proposed nent residence, if the alien— the Attorney General shall award incentive (A) has been physically present in the to amendment SA 1183 submitted by grants to eligible entities to support the United States for a continuous period of not adoption of dual scheme of State criminal Mr. LEAHY (for himself and Mr. HATCH) less than 3 years immediately preceding the laws and Board of Law Examiners authoriza- to the bill S. 744, to provide for com- date of such suspension; tion to combat notario fraud. prehensive immigration reform and for (B) has been battered or subjected to ex- (2) ELIGIBLE ENTITIES.—In this subsection, other purposes; which was ordered to treme cruelty in the United States by a an ‘‘eligible entity’’ is— lie on the table; as follows: spouse or immediate family member who is a (A) a State; or United States citizen or a lawful permanent (B) a regional partnership. On page 244, line 17, strike ‘‘$100’’ and in- resident, or the alien entered the United sert ‘‘$500’’. (3) MAXIMUM AMOUNT.—An incentive grant States as an alien described in section awarded by the Attorney General may not On page 257, line 14, strike ‘‘$400’’ and in- 101(a)(15)(K) of the Immigration and Nation- exceed $25,000,000. sert ‘‘$500’’. ality Act (8 U.S.C. 1101(a)(15)(K)) with the in- (4) APPLICATION.— tent to enter into a valid marriage and the Mrs. FEINSTEIN (for her- (A) IN GENERAL.—An eligible entity seek- SA 1657. alien was battered or subject to extreme cru- ing an incentive grant under this subsection self, Mr. KIRK, Mr. COONS, Mr. UDALL of elty by the United States citizen who filed shall submit an application to the Attorney New Mexico, Mr. CORNYN, and Mr. the petition to accord status under such sec- General at such time, in such form, and in BLUNT) submitted an amendment in- tion, or the child of the alien who is de- such manner as the Attorney General may tended to be proposed to amendment scribed in this subparagraph; require. (C) demonstrates that during all of such SA 1183 submitted by Mr. LEAHY (for (B) CONTENTS.—Each application sub- time in the United States the alien was and mitted under subparagraph (A) shall in- himself and Mr. HATCH) to the bill S. is a person of good moral character; and clude— 744, to provide for comprehensive im- (D) is a person whose deportation would, in (i) the current enforcement scheme to migration reform and for other pur- the opinion of the Secretary or Attorney combat notario fraud under the laws of the General, result in extreme hardship to the poses; which was ordered to lie on the State or States represented by the eligible alien or the alien’s parent or child. table; as follows: entity; (4) EFFECTIVE DATE.—This subsection and On page 49, strike lines 20 through 23 and (ii) the additional changes to the criminal the amendments made by this subsection laws of the State, the State Board of Law insert the following: shall take effect on the date of the enact- Examiners authority, and staffing levels to Act; ment of this Act and shall apply to aliens ad- (xviii) costs to the Judiciary estimated to mitted before, on, or after such date. better address notario fraud in the State or be caused by the implementation of this Act (b) RELIEF FOR DOMESTIC VIOLENCE SUR- States represented by the eligible entity; and and the amendments made by this Act, as VIVOR VISA WAIVER ENTRANTS.— (iii) such other information as the Attor- the Secretary and the Judicial Conference of (1) IN GENERAL.—Section 217(b)(2) (8 U.S.C. ney General considers appropriate. the United States shall jointly determine in 1187(b)(2)) is amended by inserting ‘‘, as a (5) AUTHORIZATION OF APPROPRIATIONS.— consultation with the Attorney General; and VAWA self-petitioner or for relief under sec- There are authorized to be appropriated such (xix) the operations and maintenance costs tion 101(a)(15)(T), section 101(a)(15)(U), sec- sums as may be necessary to carry out this associated with the implementation of tion 240A(b)(2), or under any prior statute subsection. clauses (i) through (xvii). providing comparable relief, notwithstanding any other provision of law,’’ after SA 1660. Mr. KAINE submitted an SA 1658. Mrs. MURRAY submitted an ‘‘asylum,’’. amendment intended to be proposed by amendment intended to be proposed to (2) EFFECTIVE DATE.—The amendment him to the bill S. 744, to provide for amendment SA 1183 submitted by Mr. made by paragraph (1) shall take effect on comprehensive immigration reform LEAHY (for himself and Mr. HATCH) to the date of the enactment of this Act and and for other purposes; which was or- the bill S. 744, to provide for com- shall apply to waivers provided under section dered to lie on the table; as follows: prehensive immigration reform and for 217(b)(2) of the Immigration and Nationality Act before, on, or after such date as if it had At the appropriate place, insert the fol- other purposes; which was ordered to been included in such waivers. lowing: lie on the table; as follows: (c) APPLICABILITY OF SECTION 212(E) TO TITLE ll—ANALYSIS OF MIGRATION On page 863 of the amendment, after line SPOUSES AND CHILDREN OF J–1 EXCHANGE TRENDS AND FOREIGN ASSISTANCE 21, insert the following: VISITORS.—In addition to the individuals de- PRIORITIZATION SEC. 3912. PROTECTION OF DOMESTIC VIOLENCE scribed in section 2405(c) of this Act, appli- SEC. ll01. DEVELOPMENT OF ASSESSMENT AND SURVIVORS. cants approved for nonimmigrant status STRATEGY ADDRESSING FACTORS (a) RELIEF FROM CERTAIN RESTRICTIONS ON under subparagraph (T) or (U) of section DRIVING MIGRATION. ADJUSTMENT OF STATUS.— 101(a)(15) of the Immigration and Nationality (a) DEVELOPMENT OF ASSESSMENT.— (1) RELIEF FROM CERTAIN RESTRICTIONS FOR Act and VAWA self-petitioners, as defined in (1) IN GENERAL.—Not later than 180 days DOMESTIC VIOLENCE SURVIVORS.—Section section 101(a)(51) of such Act, shall not be after the date of the enactment of this Act, 245(d) (8 U.S.C. 1255(d)), as amended by sec- subject to the requirements of section 212(e) the Comptroller General of the United States tion 2310(c) of this Act, is amended in para- of such Act (8 U.S.C. 1182(e)). shall submit to Congress a report on migra- (d) WAIVER RELATING TO CERTAIN CRIMES.— graph (1) in the second sentence by striking tion to the United States from the countries Section 212(h), as amended by section the period at the end and inserting ‘‘, unless specified in paragraph (2) that includes— 3711(c)(1)(B), is amended by striking ‘‘and the alien is the spouse of an alien lawfully (A) a baseline assessment of the primary (E)’’ and inserting ‘‘(E), and (K)’’. admitted for legal permanent residence or of factors driving migration from those coun- a citizen of the United States and is a VAWA SA 1659. Mr. KAINE submitted an tries; self-petitioner.’’. amendment intended to be proposed to (B) an assessment of the impact of United (2) CONFORMING APPLICATION IN CANCELLA- amendment SA 1183 submitted by Mr. States foreign assistance, trade, and foreign TION OF REMOVAL.—Section 240A(b)(2)(A)(i) (8 policy on migration trends in those coun- U.S.C. 1229b(b)(2)(A)(i)) is amended— LEAHY (for himself and Mr. HATCH) to tries; and (A) in subclause (II), by striking ‘‘or’’ at the bill S. 744, to provide for com- (C) an assessment of ongoing migrant pro- the end; prehensive immigration reform and for tection issues and measures to address hu- (B) in subclause (III), by adding ‘‘or’’ at the other purposes; which was ordered to manitarian and safety concerns in current end; and lie on the table; as follows: migration flows, particularly such measures

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.048 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5097 taken by the United States, the Government (3) that are receiving high rates of re- spheric security through the reduction of of Mexico, and the governments of countries turned or deported migrants from the United poverty and inequality, expansion of equi- in Central America to address such issues in States; table trade, and support for democratic insti- Mexico and on the Southern border of the (4) affected by destabilizing levels of gener- tutions, citizen security, and the rule of law, United States. alized violence, or violence associated with as essential elements of a consolidated and (2) COUNTRIES SPECIFIED.—The countries gangs, drug trafficking, or other criminal ac- well-managed regional migration policy. specified in this paragraph are the 10 coun- tivity; and tries determined by the Comptroller Genera (5) that currently have developed partner- SA 1661. Mr. KAINE submitted an to have the highest rates of irregular migra- ships with migrant associations and federa- amendment intended to be proposed by tion to the United States. tions based in the United States. him to the bill S. 744, to provide for (3) CONSULTATIONS.—In preparing the re- (c) TARGETED ASSISTANCE.—The Secretary comprehensive immigration reform port required by paragraph (1), the Comp- of State and the Administrator shall work and for other purposes; which was or- troller General may consult with civil soci- with the Committee on Foreign Relations dered to lie on the table; as follows: ety organizations in the United States and and the Committee on Appropriations of the Senate and the Committee on Foreign Af- At the appropriate place, insert the fol- the countries specified in paragraph (2). lowing: (b) STRATEGY TO ADDRESS FACTORS DRIVING fairs and the Committee on Appropriations SEC. ll. PRECERTIFICATION PROCEDURES FOR IMMIGRATION.— of the House of Representatives to increase, beginning in fiscal year 2014, financial assist- EMPLOYERS. (1) IN GENERAL.—The Secretary of State, Section 214(c) of the Immigration and Na- ance to the communities described in sub- working with the Administrator of the tionality Act (8 U.S.C. 1184(c)), as amended section (b) with the goal of— United States Agency for International De- by section 4103(a), is further amended by add- (1) alleviating rural poverty and revital- velopment, and in consultation with the en- ing at the end the following new paragraph: izing agricultural production by supporting tities specified in paragraph (2), shall submit ‘‘(16)(A) PRECERTIFICATION PROCEDURES FOR public and private investment in comprehen- to the Committee on Foreign Relations of EMPLOYERS.—Not later than 180 days after the Senate and the Committee on Foreign sive rural development strategies, which the date of the enactment of the Border Se- Affairs of the House of Representatives a should include— curity, Economic Opportunity, and Immigra- strategy for addressing the economic, social, (A) strengthening the quality and sustain- tion Modernization Act, the Secretary of and security factors driving high rates of ir- ability of rural extension services; Homeland Security shall establish and im- regular migration from the countries speci- (B) expansion of agro-enterprise and agri- plement a precertification procedure for em- fied in subsection (a)(2). cultural value chain initiatives; ployers who file multiple petitions described (2) ENTITIES SPECIFIED.—The entities speci- (C) investment in farm-to-market roads in this subsection or section 203(b). Such fied in this paragraph are the following: and storage facilities for small farmers and precertification procedure shall enable an (A) The Millennium Challenge Corpora- cooperatives; and employer to avoid repeatedly submitting tion. (D) assistance to protect the environment, documentation that is common to multiple (B) The Bureau of Population, Refugees, promote safe and sustainable natural re- petitions and establish criteria relating to and Migration of the Department of State. source development, strengthen climate the employer and the offered employment (C) The Department of Homeland Security. change adaptation, and expand access to opportunity through a single filing. (D) The Department of Labor. credit and micro-finance opportunities for ‘‘(B) FEES.—(i) The Secretary shall impose (E) The Department of Agriculture. small farmers; a fee on each employer that uses the (F) The Office of the United States Trade (2) fully funding micro-finance and micro- precertification procedure under subpara- Representative. enterprise initiatives, ensuring mechanisms graph (A). (G) Civil society organizations in the for access to rural credit and micro-insur- ‘‘(ii) In determining the amount of the fee United States. ance, and targeting available funding to tra- to be imposed under clause (i), the Secretary (H) Civil society organizations in the coun- ditionally marginalized groups and at risk shall establish a lower rate for small busi- tries specified in subsection (a)(2). populations, particularly youth and indige- ness concerns (as defined by section 3(a) of (3) ELEMENTS OF STRATEGY.—The strategy nous populations; the Small Business Act (15 U.S.C. 632(a))). required paragraph (1) shall include— (3) promoting public-private partnerships ‘‘(iii) Fees collected under this subpara- (A) a summary and evaluation of current for income generation, employment, and vio- graph shall be available to reimburse the assistance provided by the United States to lence reduction, and prioritizing urban Secretary for the costs of the the countries specified in subsection (a)(2); youth; precertification procedure.’’. (B) an identification of the regions and mu- (4) incorporating mechanisms to adapt and nicipalities in those countries experiencing expand financial (savings and credit) and SA 1662. Mr. KAINE submitted an the highest emigration rates and the current non-financial (property and livelihood insur- amendment intended to be proposed by level of United States assistance or invest- ance) opportunities for vulnerable families him to the bill S. 744, to provide for ment in those regions and municipalities; in disaster risk reduction and recovery strat- comprehensive immigration reform and egies; and and for other purposes; which was or- (C) recommendations for future United (5) increasing public-private diaspora part- dered to lie on the table; as follows: States Government assistance and technical nerships for development in the Western On page ll, between lines ll and ll, support to address key economic, social, and Hemisphere, through the United States insert the following: development factors identified in those coun- Agency for International Development’s (3) NOTARIO FRAUD.—The term ‘‘notario tries that are designed to ensure appropriate Global Development Alliance model and fraud’’ means immigration service providers engagement of national and local govern- multilateral initiatives. engaging in fraudulent conduct or willful ments and civil society organizations. SEC. ll03. SENSE OF CONGRESS ON INCREASED UNITED STATES FOREIGN POLICY misrepresentation of the provider’s legal au- SEC. ll02. PRIORITIZATION OF MIGRATION thority to provide representation to immi- SOURCE COUNTRIES BY THE UNITED COHERENCE IN THE WESTERN STATES AGENCY FOR INTER- HEMISPHERE. grant clientele and in Federal immigration NATIONAL DEVELOPMENT. (a) FINDINGS.—Congress makes the fol- proceedings. (a) IN GENERAL.—The Administrator of the lowing findings: (d) COMBATING NOTARIO FRAUD GRANT PRO- United States Agency for International De- (1) More than 80 percent of the current un- GRAM.— velopment (in this section referred to as the authorized immigration to the United States (1) ESTABLISHMENT.—Not later than 180 ‘‘Administrator’’) shall coordinate with rel- originates in Latin America, primarily in days after the date of the enactment of this evant agencies of the United States and Mexico and Central America. Act, the Attorney General shall establish a agencies of the countries specified in section (2) Mexico and Central America have made program, to be known as the ‘‘Combating ll01(a)(2) to promote public policies that strides in economic growth in recent years, Notario Fraud Grant Program’’, under which prioritize inclusive growth, poverty reduc- but the majority of their populations, par- the Attorney General shall award incentive tion, and sustainable alternatives to emigra- ticularly in the rural sector, live in poverty, grants to eligible entities to support the tion. a factor that continues to drive emigration. adoption of dual scheme of State criminal (b) MIGRATION AND DEVELOPMENT PROGRAM- (3) The Mexico and Central America migra- laws and Board of Law Examiners authoriza- MING.—The Administrator shall provide mi- tion corridor maintains strong historic and tion to combat notario fraud. gration and development programming to as- current ties to the United States through (2) ELIGIBLE ENTITIES.—In this subsection, sist communities and economic sectors in trade and economic integration, labor flows, an ‘‘eligible entity’’ is— the countries specified in section ll01(a)(2), and geographic proximity, and will require (A) a State; or including communities— particular bilateral and multilateral efforts (B) a regional partnership. (1) that currently experience, or are pro- to address shared concerns and promote (3) MAXIMUM AMOUNT.—An incentive grant jected to soon experience, high rates of popu- shared opportunities. awarded by the Attorney General may not lation loss due to international migration to (b) SENSE OF CONGRESS.—It is the sense of exceed $25,000,000. the United States; Congress that the Secretary of State should (4) APPLICATION.— (2) experiencing or at high risk of traf- review United States foreign policy toward (A) IN GENERAL.—An eligible entity seek- ficking in persons; Latin America in order to strengthen hemi- ing an incentive grant under this subsection

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.050 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5098 CONGRESSIONAL RECORD — SENATE June 24, 2013 shall submit an application to the Attorney WORLD REFUGEE DAY journ until 10 a.m. tomorrow, Tuesday, General at such time, in such form, and in June 25; that following the prayer and such manner as the Attorney General may Mr. REID. I ask unanimous consent to proceed to S. Res. 184. pledge, the morning hour be deemed require. expired, the Journal of proceedings be (B) CONTENTS.—Each application sub- The PRESIDING OFFICER. The mitted under subparagraph (A) shall in- clerk will report the resolution by approved to date, the time for the two clude— title. leaders be reserved for their use later (i) the current enforcement scheme to The bill clerk read as follows: in the day; that following any leader combat notario fraud under the laws of the remarks, the Senate be in a period of A resolution (S. Res. 184) recognizing ref- State or States represented by the eligible ugee women and girls on World Refugee Day. morning business for 1 hour with Sen- entity; ators permitted to speak therein for up (ii) the additional changes to the criminal There being no objection, the Senate to 10 minutes each, with the time laws of the State, the State Board of Law proceeded to consider the resolution. equally divided and controlled between Examiners authority, and staffing levels to Mr. REID. I ask unanimous consent the two leaders or their designees, with better address notario fraud in the State or the resolution be agreed to, the pre- States represented by the eligible entity; and the majority controlling the first half amble be agreed to, the motions to re- and the Republicans controlling the (iii) such other information as the Attor- consider be considered made and laid ney General considers appropriate. final; and that following morning busi- on the table, with no intervening ac- (5) AUTHORIZATION OF APPROPRIATIONS.— ness, the Senate resume consideration There are authorized to be appropriated such tion or debate. of S. 744, the comprehensive immigra- sums as may be necessary to carry out this The PRESIDING OFFICER. Without tion reform bill; that the filing dead- subsection. objection, it is so ordered. line for first-degree amendments to the The resolution (S. Res. 184) was f committee-reported substitute and the agreed to. bill be at 12 p.m. tomorrow; further, NOTICE OF HEARING The preamble was agreed to. that the Senate recess from 12:30 p.m. (The resolution, with its preamble, is COMMITTEE ON HEALTH, EDUCATION, LABOR, until 2:15 p.m. to allow for the weekly printed in today’s RECORD under ‘‘Sub- AND PENSIONS caucus meetings; and all time during Mr. HARKIN. Mr. President, I wish to mitted Resolutions.’’) adjournment, recess, morning business, announce that the Committee on f and executive session count toward Health, Education, Labor, and Pen- AUTHORIZING LEGAL COUNSEL postcloture on the Leahy amendment, sions will meet in open session on No. 1183, as modified. Tuesday, June 25, 2013, at 2:30 p.m. in Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without room 430 of the Dirksen Senate Office imous consent we now proceed to S. objection, it is so ordered. Res. 185. Building to conduct a hearing entitled f ‘‘Building a Foundation of Fairness: 75 The PRESIDING OFFICER. The ORDER FOR ADJOURNMENT Years of the Federal Minimum Wage.’’ clerk will report the resolution by For further information regarding title. Mr. REID. If there is no further busi- this meeting, please contact Sarah The bill clerk read as follows: ness to come before the Senate, I ask Cupp of the committee staff on (202) A resolution (S. Res. 185) to authorize rep- unanimous consent that it adjourn 224–5441. resentation by the Senate legal counsel in under the previous order following the the case of R. Wayne Patterson v. United remarks of Mr. PORTMAN. f States Senate, et al. The PRESIDING OFFICER. Without AUTHORITY FOR COMMITTEES TO There being no objection, the Senate objection, it is so ordered. proceeded to consider the resolution. MEET f Mr. REID. Mr. President, this resolu- COMMITTEE ON ENVIRONMENT AND PUBLIC tion concerns a pro se civil action filed IMMIGRATION REFORM WORKS in California Federal District Court Mr. PORTMAN. Mr. President, I rise Mr. LEAHY. Mr. President, I ask against the Senate, the Vice President, today to talk about the immigration unanimous consent that the Com- and the Parliamentarian of the Senate. bill that is before the Senate this week. mittee on Environment and Public Plaintiff claims that the Senate clo- We just had a vote on the Corker- Works be authorized to meet during ture rule is unconstitutional. Hoeven amendment. I wish to talk the session of the Senate on June 24, This lawsuit, like previous suits chal- about why it is so important to fix our 2013, at 5:30 p.m. lenging the cloture rule, is subject to broken immigration system, but also The PRESIDING OFFICER. Without jurisdictional defenses requiring dis- about a critical issue that I believe has objection, it is so ordered. missal. This resolution would authorize to be addressed in order for the pro- COMMITTEE ON HOMELAND SECURITY AND the Senate Legal Counsel to represent posed reforms to work. GOVERNMENTAL AFFAIRS the Senate, the Vice President, and the I wish to begin by acknowledging the Mr. LEAHY. Mr. President, I ask Senate Parliamentarian to seek dis- hard work of a number of my col- unanimous consent that the Com- missal of this suit. leagues, including four Republicans mittee on Homeland Security and Gov- Mr. President, I ask unanimous con- and four Democrats who came together ernmental Affairs be authorized to sent the resolution be agreed to, the and spent months negotiating the bill meet during the session of the Senate preamble be agreed to, the motions to we are now considering. They showed a on June 24, 2013, at 3 p.m. to conduct a reconsider be considered made and laid lot of courage in addressing a tough hearing entitled ‘‘Curbing Prescription on the table, with no intervening ac- issue. It is a tough issue politically, Drug Abuse in Medicare.’’ tion or debate. and it is a difficult issue in terms of The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the policies. objection, it is so ordered. objection, it is so ordered. I also wish to recognize Senators COMMITTEE ON HOMELAND SECURITY AND The resolution (S. Res. 185) was Hoeven and Corker who offered that GOVERNMENTAL AFFAIRS agreed to. amendment today. The changes they Mr. LEAHY. Mr. President, I ask The preamble was agreed to. made in that amendment are a step in unanimous consent that the Com- (The resolution, with its preamble, is the right direction because they pro- mittee on Homeland Security and Gov- printed in today’s RECORD under ‘‘Sub- vide more enforcement for immigra- ernmental Affairs be authorized to mitted Resolutions.’’) tion laws, and we have to guarantee meet during the session of the Senate f there is meaningful enforcement that on June 24, 2013 at approximately 5:30 is coupled with any legal status for p.m. ORDERS FOR TUESDAY, JUNE 25, people who are now living in the shad- The PRESIDING OFFICER. Without 2013 ows. I think that enforcement must in- objection, it is so ordered. Mr. REID. Mr. President, I now ask clude strong border protections. That The PRESIDING OFFICER. The ma- unanimous consent that when the Sen- was talked about a lot on the floor jority leader. ate completes its business today, it ad- today.

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JN6.050 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5099 It also has to include enforcement of little attention during our debate thus allowing individuals to lock their So- the visa system so an entry-exit sys- far, an area where I believe the current cial Security numbers for purposes of tem for visas is effective. Finally, it bill and the amendment we voted on E-Verify and requiring audits of sus- has to include workplace enforcement. tonight fall short. picious E-Verify activities. In my view, the enforcement policies Policy efforts to eliminate this jobs The amendment also requires the So- in the underlying bill and in the magnet have been part of the discus- cial Security Administration to in- amendment we just voted on are still sion about immigration for decades. clude in all of our annual statements insufficient to ensure that we ulti- Yet our current employment enforce- we get from Social Security informa- mately resolve our illegal immigration ment system has failed to stem the tion about all E-Verify queries that crisis. Much of the debate over the past tide of unauthorized workers. I am have been placed during that year and week has been about border security, pleased the underlying bill would man- for us to have a toll-free telephone and the most significant provisions in date the use of an electronic employ- number to be able to call folks if there today’s amendment are focused on the ment verification system called E- has been a misuse of that number. This border. So much so it was described Verify. But the bill does little to ad- will allow us to be on guard against un- today as being a border surge—employ- dress the inadequacies of the E-Verify authorized workers fraudulently using ing an additional 20,000 Border Patrol system itself, including the widespread our personal information to seek and agents and completing 700 miles of use of false documents. obtain work. fencing that will no doubt make it An effective employment verification Our amendment also requires the De- harder for people to cross the southern system must first verify authorization partment of Homeland Security to no- border illegally. to work by connecting a worker’s name tify individuals when they identify sus- Again, I think it is important we and biographical information to a legal pected Social Security number fraud in have a secure border. But, in reality, status, and then, second, it has to en- the E-Verify system. no matter how many miles of fence we sure the worker is who he or she says The amendment also allows the De- build and no matter how many agents he or she is—in other words, con- partment of Homeland Security to we station along the border, I truly be- necting an individual to a specific build on successful pilots programs in lieve people will continue to come to name and identity record. Florida and Mississippi to allow E- this country illegally as long as they The goal of E-Verify should be to pro- Verify to validate drivers’ licenses and believe America offers them a better vide for a simple, reliable way for em- State-issued ID cards with information life and a better job. ployers to confirm a new employee’s provided by the State motor vehicle As we see on subsections of the bor- work eligibility and to identify that administrations. This step is critical to der where fences have already been person to prevent illegal immigrants stopping the pervasive use of fake driv- constructed, determined people find from getting jobs in this country. Until ers’ licenses in the E-Verify process. ways to go under, over, and around it. we do that, and deal with the magnet, But in doing so, we must also protect Some go around those parts of the bor- I do not think we are going to be able personal privacy, so the Portman- der altogether to enter our country to get the kind of enforcement we need. Tester amendment prohibits DHS from through a coastline or other less secure The current voluntary E-Verify pilot maintaining this information in a Fed- parts of the border. We also have to ac- program—this is the pilot program eral database or transmitting that in- knowledge that even if we were to pre- that is out there now that is manda- formation except for the purposes of E- vent every single unauthorized entry tory in the underlying legislation, but Verify. at the border, such enforcement would in the pilot program, there is a way to Our amendment also requires regular not solve the problem of illegal immi- reliably verify authorization to work. I referrals from the U.S. Citizenship and gration. Why? Because we are told that think that actually is fairly effective. Immigration Services, USCIS, to Im- 40 percent of those here illegally are But where it has not been successful is migration and Customs Enforcement, visa overstays. In other words, they in authenticating a worker’s identity ICE, identifying fraudulent Social Se- came legally. They didn’t come ille- because it lacks a universal and secure curity number use and fake documents gally across the border; they came le- system of verification. The best recent presented during the E-Verify process gally and they have overstayed. They study of the E-Verify pilot, by the way, for investigation and appropriate en- never tumbled a border fence or evaded shows that 55 percent—54 percent—of forcement action. And it provides for a Border Patrol agent; instead, they unauthorized workers are getting DHS outreach and training to assist came here legally and simply over- through the system. In other words, employers in preventing identity fraud stayed their visas. more than half of those who are here il- and strengthening hiring practices. Having a secure border is important legally, processed through the E-Verify Only with all these tools and efforts for our immigration system, as I have system, are erroneously found to be eli- can we expect to curtail the widespread said. It is also important because of the gible for work. The reason is straight- use of identity fraud and help prevent illegal drug traffic, because of the con- forward: Many unauthorized workers unauthorized employment. cern about terrorists coming over our obtain employment by committing The second focus of our amendment border. So I do support having a more identity fraud that cannot be detected is to strengthen the identity authen- secure border, but I do not think it is by E-Verify. So my primary focus over tication aspects of E-Verify and ensure sufficient. the past few weeks has been on work- that the system includes robust data Today I want to talk about an issue ing constructively to develop a bipar- privacy protections. I think should receive more attention. tisan E-Verify amendment to strength- To improve the accuracy of E-Verify, It has received a lot less than border en the employment verification provi- the underlying bill expands the use of a security over the past few weeks, as we sions in S. 744 to help curtail the wide- new photo-matching process called have talked about this legislation. But spread unauthorized employment that Photo Tool, which enables employers I think it is even more important to fuels most illegal immigration. to match a new employee’s photo ID the ultimate success of comprehensive Along with my colleague from Mon- with a digital E-Verify image. Cur- immigration reform, and it is about tana Senator TESTER, I have submitted rently, photo matching is limited to turning off the jobs magnet—the jobs an amendment today that strengthens documents for which there is a verified magnet for those who come here ille- E-Verify in five key respects—first, by photo in the E-Verify system. Unfortu- gally for a better way of life and a bet- enhancing protections against Social nately, for more than 60 percent of us— ter job. It is about effective enforce- Security number fraud and identity 60 percent of Americans—there is no ment of the workplace that I think is theft. such data in a file because we do not absolutely essential to bringing people A critical challenge in implementing have a passport, we do not have an im- out of the shadows and to preventing mandatory E-Verify throughout the migration document. The bill, there- future flows of illegal immigration. country will be combating the fraudu- fore, relies on States to give the De- The only way to do that at the work- lent use of other people’s identities in partment of Homeland Security access place is through effective employment seeking employment authorization. S. to drivers’ license photos. But based on verification—a topic that has received 744 seeks to address this challenge by our experience with the REAL ID Act

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.055 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5100 CONGRESSIONAL RECORD — SENATE June 24, 2013 of 2005, very few States are likely to there is no specified timeframe for im- the full 5-year timeline for the small- comply. plementation and little or no guidance est businesses to make sure we begin There is no assurance that all or even in the way of standards for these addi- rigorous enforcement efforts at the most States will voluntarily partici- tional security measures. same time millions of current illegal pate in this kind of a program. So Our amendment clarifies that the ad- immigrants begin to shift to a legal while the underlying bill provides some ditional security measures must be in- status. funding and grants to ease State com- tegrated into the E-Verify system for Our amendment ensures that most pliance, we believe the amount they workers who present a document with- American jobs are covered by E-Verify provide may understate the cost to out a corresponding Photo Tool image, as soon as it is feasible, applying to most States. that the timing of their implementa- large employers as early as 2 years To help make Photo Tool actually tion is tied to the rollout of mandatory after enactment, which is speeding up work, our amendment doubles the E-Verify, and that failure to verify an and expediting the coverage of E- available grant moneys for States that identity with the additional security Verify. It includes a new strengthened share department of motor vehicle in- measures results in what is called a trigger to ensure timely and full imple- formation and photos, and it ensures Further Action Notice in the E-Verify mentation of mandatory E-Verify to the States are fully reimbursed for process, allowing employees to appeal all employers, including integrated whatever their actual compliance and through the established appeals proc- Photo Tool and additional security participation costs are, providing in- ess, where they have to prove they are measures prior to any adjustment to centives for States to participate. It authorized to work. green card status. So it also has a also clarifies that Photo Tool will be Our amendment also specifies stand- stronger, more comprehensive trigger. fully integrated into the E-Verify sys- ards for design and operation of the ad- In each of these ways, this amend- tem and that it must be implemented ditional security measures that are ment presents an opportunity for this in time for the rollout of the manda- provided to include state-of-the-art Senate to put forth good policy that tory E-Verify throughout the country. technology structured to provide will make a real difference if imple- So it brings Photo Match into the E- prompt determinations and minimize mented. The amendment’s provisions Verify system to provide for better en- employer and employee burdens. These were drafted with input from both Re- forcement at a time when some work- specifications are designed to safe- publicans and Democrats. They are the ers are going to be provided a legal sta- guard employee privacy and maximize product of a lot of negotiations regard- tus. the accuracy and efficiency of identity ing business groups, labor interests. Senator TESTER and I want to be sure determinations. And the amendment They were developed and vetted in con- the bill’s Photo Tool provisions do not permits employers to choose, with ad- sultation with the administration and lead to the establishment of a Federal vance notice to DHS, to use the addi- the officials who will actually be database containing additional per- tional authentication measures on all tasked with developing and imple- sonal information and photographs of new hires rather than only in cases menting this new system of mandatory individual Americans. In fact, this will where no digital image is available for employment verification. be another thing that is important to a Photo Tool match. For a number of I am pleased Senator TESTER has States because many States will only employers that is important. joined me in this effort. I know the participate if assured the data they A fourth section of our amendment provisions in our amendment enjoy share will not be misused. So our clarifies protections for employers who broad bipartisan support in this Cham- amendment provides robust data pri- seek to comply with E-Verify proce- ber and I think across the Nation. vacy protections, one, clarifying that dures in good faith. The underlying bill There is a recent poll, for instance, Photo Tool will be implemented so mandates nationwide rollout of E- that showed that 82 percent of likely that E-Verify ‘‘pings’’ State DMV data- Verify and also increases employer voters think businesses should be re- bases with individual queries rather sanctions—penalties for employers who quired to use E-Verify to determine if a than storing such State-provided infor- do not comply with the mandated em- new employee is legal. mation—so only when there is an indi- ployment verification process. The The question before this body is a vidual request do they ping the DMV, bill’s provisions seek to ensure that simple one: Will our comprehensive im- and the DMV provides the photo; two, employers will not engage in unfair immigration reforms include serious, providing that the State DMV images migration-related employment prac- meaningful, and effective E-Verify pro- and information may not be collected, tices, expanding both the grounds and visions that along with the border se- may not be stored, may not be used for penalties for such practices. curity measures will actually stem the any other purpose other than for E- Employers will therefore face the tide of illegal immigration or will we Verify, and may not be disseminated in often challenging task of ensuring fail to eliminate the jobs magnet that any way beyond a response to an indi- compliance with these new employ- makes it harder to bring people out of vidual Photo-Tool query; and, three, ment verification obligations while si- the shadows and continue to provide a providing for periodic DHS audits to multaneously avoiding an expanded set strong incentive for people to come ensure that the Photo Tool data is not of unfair immigration-related employ- here illegally. being collected, stored, or improperly ment practices. Today, I am simply asking for a de- disseminated. Our amendment simply provides that bate and a vote on this critical amend- To make E-Verify work, we have to there is a safe harbor, a safe harbor ment. My request does not have a po- be certain employers are able to au- protection to employers that comply in litical motivation. It is not about thenticate the true identify of new good faith with the requirements of the whether I support the legislation, al- hires accurately, quickly, and easily. mandatory employment verification though I will not be able to support it But in doing so through methods such system. The amendment provides that without it. It is about making this re- as Photo Tool match, we must protect the government must demonstrate by form work. If this amendment is not privacy and safeguard personal infor- clear and convincing evidence that the adopted, I do not believe the reforms mation. We have done that in this employer had knowingly hired an un- are going to work, and thus I would not amendment. authorized worker and employers that be in a position to support final pas- The third way our amendment take reasonable steps in good faith to sage. strengthens E-Verify is by enhancing avoid unfair immigration-related em- I was there during the immigration additional security measures for iden- ployment practices are not subject to commission that came up with the pro- tity verification. For new employees liability. Again, it is very important posals that led to the 1986 law, which whose identity cannot be verified using for employers to have this be a simple was the last comprehensive effort that Photo Tool, which we talked about, the system and one where, if they follow Congress made to overhaul our immi- underlying bill provides for the Sec- the rules, they have a safe harbor. gration system. I was a young staffer retary of Homeland Security to develop Finally, our amendment expedites on what was called the Select Commis- ‘‘additional security measures’’ de- the E-Verify mandatory rollout to sion on Immigration and Refugee Pol- signed to authenticate identity. But American employers, while preserving icy. I spent 2 years there working on

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JN6.058 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE June 24, 2013 CONGRESSIONAL RECORD — SENATE S5101 these issues and have followed them much as it is on adjusting the status of CORPORATION FOR PUBLIC BROADCASTING since and have been involved in immi- those currently living in the shadows. I LORETTA CHERYL SUTLIFF, OF NEVADA, TO BE A MEM- gration policy both in the Congress and do not see how we can make that claim BER OF THE BOARD OF DIRECTORS OF THE CORPORA- TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING in the administration since then. if E-Verify is not strengthened, if it is JANUARY 31, 2018. (REAPPOINTMENT) But back in 1986, I saw the work that included only in passing, if turning off FEDERAL TRADE COMMISSION the jobs magnet is treated as an after- went into crafting that legislation and TERRELL MCSWEENY, OF THE DISTRICT OF COLUMBIA, the hope it gave everyone that we were thought. TO BE A FEDERAL TRADE COMMISSIONER FOR THE UN- That is the sort of thinking that EXPIRED TERM OF SEVEN YEARS FROM SEPTEMBER 26, actually going to solve the problem of 2010, VICE JON D. LEIBOWITZ, RESIGNED. illegal immigration. Then I saw those doomed the 1986 reform. It is this sort DEPARTMENT OF STATE hopes dashed, as the reforms failed to of approach that may doom this reform before it has even had a chance to be DENISE CAMPBELL BAUER, OF CALIFORNIA, TO BE AM- work. They failed to address illegal im- BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF migration, in part, because they did enacted. I am certain everyone engaged THE UNITED STATES OF AMERICA TO BELGIUM. in this debate has the best of inten- MORRELL JOHN BERRY, OF MARYLAND, TO BE AMBAS- not effectively implement the work- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF place enforcement provisions, despite, tions, but we have to ensure those in- THE UNITED STATES OF AMERICA TO AUSTRALIA. tentions do not lead us down a path JAMES WALTER BREWSTER, JR., OF ILLINOIS, TO BE by the way, strong recommendations AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY from the Commission on which I that we repeat the mistakes of 1986. OF THE UNITED STATES OF AMERICA TO THE DOMINICAN served. Congress simply—and the ad- That is why we have to have a vote REPUBLIC. on this amendment. The Portman- REUBEN EARL BRIGETY, II, OF FLORIDA, TO BE REP- ministration—subsequently did not im- RESENTATIVE OF THE UNITED STATES OF AMERICA TO Tester E-Verify strengthening amend- THE AFRICAN UNION, WITH THE RANK AND STATUS OF plement the kinds of employer sanc- ment is critical to the success of this AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY. tions at the time and the kind of en- DANIEL A. CLUNE, OF MARYLAND, A CAREER MEMBER bill. I would like to be able to support OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– forcement at the workplace that was reform of a broken immigration sys- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND necessary. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA tem. An immigration system that in- Therefore, they left intact that jobs TO THE LAO PEOPLE’S DEMOCRATIC REPUBLIC. vites the best and brightest to come to DAVID HALE, OF NEW JERSEY, A CAREER MEMBER OF magnet that has driven so many to THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– our shores and seek a better life is come here illegally in the past decades COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND what this country is all about. It is PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA since. I do not want to see a repeat of TO THE REPUBLIC OF LEBANON. part of our promise. It is one of the that failure. That is why I cannot sup- MICHAEL A. HAMMER, OF THE DISTRICT OF COLUMBIA, reasons the United States has long A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, port the legislation without these been called a beacon of hope and oppor- CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR changes. EXTRAORDINARY AND PLENIPOTENTIARY OF THE tunity for the rest of the world. UNITED STATES OF AMERICA TO THE REPUBLIC OF We have before us a historic oppor- But I have given assurances to my CHILE. tunity. We have a real chance to fix TERENCE PATRICK MCCULLEY, OF WASHINGTON, A CA- constituents, the same assurances I REER MEMBER OF THE SENIOR FOREIGN SERVICE, this broken system and help curtail il- know many in this Chamber have CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR legal immigration. It goes without say- EXTRAORDINARY AND PLENIPOTENTIARY OF THE made; that is, that I cannot vote for UNITED STATES OF AMERICA TO THE REPUBLIC OF COTE ing that in the world of partisan poli- this legislation unless I am convinced D’IVOIRE. tics, such opportunities are pretty BRIAN A. NICHOLS, OF RHODE ISLAND, A CAREER MEM- it will work. I cannot support reform BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- rare. Time and again, we have seen re- that does not adequately address the ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- form efforts held hostage by politics. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES problem of illegal immigration and OF AMERICA TO THE REPUBLIC OF PERU. During the last few weeks, we have provides adequate enforcement; at the DAVID D. PEARCE, OF VIRGINIA, A CAREER MEMBER OF been reminded once again how difficult THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- border, yes, but also at the workplace. ISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLEN- it is to achieve consensus on issues re- Without a stronger E-Verify system, I IPOTENTIARY OF THE UNITED STATES OF AMERICA TO lating to immigration reform. GREECE. am convinced this legislation will ulti- LINDA THOMAS–GREENFIELD, OF LOUISIANA, TO BE AN But this system is broken, the legal mately fail. ASSISTANT SECRETARY OF STATE (AFRICAN AFFAIRS), system and the illegal system. So we I know many of my colleagues feel VICE JOHNNIE CARSON. ought to take this opportunity to fix the same way. That is why I believe if FEDERAL ELECTION COMMISSION it, but we have to really fix it. It is our this amendment were brought up for a ANN MILLER RAVEL, OF CALIFORNIA, TO BE A MEMBER OF THE FEDERAL ELECTION COMMISSION FOR A TERM responsibility to ensure that the re- vote, it would not only pass, but it EXPIRING APRIL 30, 2017, VICE CYNTHIA L. BAUERLY, RE- form legislation passed by the Senate would pass with a strong bipartisan SIGNED. vote. I am simply asking for that vote. LEE E. GOODMAN, OF VIRGINIA, TO BE A MEMBER OF includes policies that will actually THE FEDERAL ELECTION COMMISSION FOR A TERM EX- work. We are not operating in a vacu- Let’s make strong and effective E- PIRING APRIL 30, 2015, VICE DONALD F. MCGAHN, TERM um. Not only are the people of this Verify part of immigration reform. EXPIRED. country watching us, but the House of Let’s accomplish something of which DEPARTMENT OF DEFENSE Representatives is watching too. we can be proud, something that fixes JON T. RYMER, OF TENNESSEE, TO BE INSPECTOR GEN- the problem this country has struggled ERAL, DEPARTMENT OF DEFENSE, VICE GORDON S. To ensure that effective workplace HEDDELL, RESIGNED. enforcement provisions actually be- with for decades, something we can FOREIGN SERVICE come law, E-Verify must be prominent hold up to the American people of how THE FOLLOWING–NAMED PERSONS OF THE DEPART- in our efforts and central to our de- Washington is supposed to work, as MENT OF COMMERCE FOR APPOINTMENT AS FOREIGN bate. We must make certain the House proof the Republicans and Democrats, SERVICE OFFICERS OF THE CLASSES STATED. working together with mutual respect FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF understands that a more effective E- CLASS THREE, CONSULAR OFFICER AND SECRETARY IN Verify is perhaps the most crucial ele- and in a bipartisan fashion, can achieve THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ment of successful reform and that real meaningful results. AMERICA: That is what this amendment is all SCOTT THOMAS BRUNS, OF THE DISTRICT OF COLUMBIA workplace enforcement remains a pri- KEENTON CHIANG, OF CALIFORNIA ority during their deliberations, as well about. I certainly hope it can become ALFRED LANDON LOOMIS, OF LOUISIANA part of this legislation. MIGUEL A. HERNANDEZ, OF CALIFORNIA as an eventual conference between the HENLEY K. JONES, OF FLORIDA I yield the floor. House and Senate to work out a final FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF f CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN package. THE DIPLOMATIC SERVICE OF THE UNITED STATES OF A separate debate and a vote on this ADJOURNMENT UNTIL 10 A.M. AMERICA: amendment is essential to sending that TOMORROW NICOLE DESILVIS, OF PENNSYLVANIA strong message to the House. They KENNETH WALSH, OF MISSOURI The PRESIDING OFFICER. Under THE FOLLOWING–NAMED PERSONS TO BE CONSULAR need to know one way or the other the previous order, the Senate stands OFFICERS AND SECRETARIES IN THE DIPLOMATIC SERV- ICE OF THE UNITED STATES OF AMERICA: whether there is strong bipartisan sup- adjourned until 10 a.m. tomorrow. port for E-Verify. I believe there will FRED AZIZ, OF VIRGINIA Thereupon, the Senate, at 7:44 p.m., JOEL BLANK, OF THE DISTRICT OF COLUMBIA be. I believe, therefore, that maximizes adjourned until Tuesday, June 25, 2013, TIMOTHY BROWNING, OF VIRGINIA the chance of it being in the final prod- DAWN BRUNO, OF NEW YORK at 10 a.m. JOSEPH CARREIRO, OF VIRGINIA uct. Politically, if supporters want this CALLIE H. CONROY, OF MARYLAND f legislation to have a chance at passing THOMAS MUENZBERG, OF COLORADO PAUL OLIVA, OF CALIFORNIA the House and becoming law, we have NOMINATIONS WILLIAM QUIGLEY, OF THE DISTRICT OF COLUMBIA to make sure it is focused on pre- MICHAEL ROGERS, OF MICHIGAN Executive nominations received by ARTHUR ROY, OF CALIFORNIA venting new illegal immigration as the Senate: AISHA SALEM, OF FLORIDA

VerDate Mar 15 2010 04:32 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00115 Fmt 0624 Sfmt 9801 E:\CR\FM\G24JN6.056 S24JNPT1 PWALKER on DSK7TPTVN1PROD with SENATE S5102 CONGRESSIONAL RECORD — SENATE June 24, 2013 NATHALIE SCHARF, OF KANSAS To be general THE GRADE INDICATED IN THE RESERVE OF THE ARMY NATHAN SEIFERT, OF UTAH UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: REBECCA TORRES, OF FLORIDA GEN. MARTIN E. DEMPSEY JANELLE WEYEK, OF WISCONSIN To be colonel IN THE NAVY IN THE ARMY JOSEPH L. BIEHLER THE FOLLOWING NAMED OFFICER FOR REAPPOINT- BRIAN T. CONNELLY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MENT AS THE VICE CHAIRMAN OF THE JOINT CHIEFS OF IN THE UNITED STATES ARMY TO THE GRADE INDICATED STAFF AND APPOINTMENT TO THE GRADE INDICATED ZANE A. LANCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BIENVENIDO SERRANOCASTRO RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 To be lieutenant general AND 154: IN THE NAVY MAJ. GEN. MICHAEL S. TUCKER To be admiral THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- THE FOLLOWING NAMED OFFICER FOR REAPPOINT- MENT TO THE GRADE INDICATED IN THE REGULAR NAVY ADM. JAMES A. WINNEFELD, JR. MENT AS THE CHAIRMAN OF THE JOINT CHIEFS OF UNDER TITLE 10, U.S.C., SECTION 531: STAFF AND APPOINTMENT TO THE GRADE INDICATED IN THE ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be commander RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 152 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF AND 601: THE UNITED STATES OFFICERS FOR APPOINTMENT TO JACKIE S. FANTES

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RECOGNIZING JINGWEN ZHANG As an additional procedure along Housing Finance Agency, Jason WINNING THE U.S. INSTITUTE OF with the computerization of this infor- Furman, of New York, to be a Member PEACE ESSAY CONTEST FOR mation, the Office of the Senate Daily and Chairman of the Council of Eco- OHIO Digest will prepare this information for nomic Advisers, Kara Marlene Stein, of Maryland, and Michael Sean Piwowar, printing in the Extensions of Remarks of Virginia, both to be a Member of the HON. JOYCE BEATTY section of the CONGRESSIONAL RECORD Securities and Exchange Commission, on Monday and Wednesday of each OF OHIO and Richard T. Metsger, of Oregon, to week. be a Member of the National Credit IN THE HOUSE OF REPRESENTATIVES Meetings scheduled for Tuesday, Union Administration Board. Monday, June 24, 2013 June 25, 2013 may be found in the Daily SD–538 Digest of today’s record. Committee on Environment and Public Mrs. BEATTY. Mr. Speaker, today, I rise to Works recognize one of my constituents in Ohio’s MEETINGS SCHEDULED To hold an oversight hearing to examine Third Congressional District, Jingwen Zhang. Federal risk management and emer- Jingwen Zhang is a junior at Thomas Wor- JUNE 26 gency planning programs to prevent thington High School in Westerville, Ohio, who 10 a.m. and address chemical threats, includ- recently demonstrated outstanding academic Committee on Finance ing the events leading up to the explo- achievement by becoming the state of Ohio To hold hearings to examine health care sions in West, Texas and Geismar, Lou- winner of the U.S. Institute of Peace 2013 Na- quality, focusing on the path forward. isiana. SD–215 SD–406 tional Peace Essay Contest. Committee on the Judiciary The annual National Peace Essay contest Joint Economic Committee To hold hearings to examine reducing red Business meeting to consider the nomi- sponsored by the U.S. Institute of Peace en- tape through smarter regulations. nations of Byron Todd Jones, of Min- gages our nation’s youth in an educational SD–G50 nesota, to be Director, Bureau of Alco- essay contest relating to the topics of 10:30 a.m. hol, Tobacco, Firearms, and Explo- peacebuilding, conflict resolution, and inter- Committee on the Budget sives, and Stuart F. Delery, of the Dis- national affairs. This year’s topic was, ‘‘Gen- To hold hearings to examine the impact trict of Columbia, to be an Assistant der, War, and Peacebuilding,’’ and Jingwen of Federal budget decisions on chil- Attorney General, both of the Depart- dren, focusing on investing in our fu- ment of Justice. Zhang’s essay, ‘‘Gender Revolution: From Un- SD–226 just Misogyny to Honorable Equality,’’ earned ture. SD–608 10:30 a.m. her a place as one of the 50 high school stu- 2 p.m. Committee on Homeland Security and dents selected as the state-level contest win- Special Committee on Aging Governmental Affairs ners. To hold hearings to examine respecting Subcommittee on Financial and Con- The winners receive a $1,000 academic patients’ wishes and advance care plan- tracting Oversight scholarship and are invited to Washington ning. To hold hearings to examine contract D.C. to participate in a five day educational SD–124 management by the Department of En- 2:30 p.m. ergy. program where they will engage with practi- SD–342 tioners and elected officials regarding foreign Committee on Armed Services Subcommittee on Strategic Forces 3 p.m. affairs. To receive a closed briefing on the De- Select Committee on Intelligence On behalf of Ohio’s Third Congressional fense Science Board Task Force Re- To hold closed hearings to examine cer- District, I am honored to commend Jingwen port, ‘‘Resilient Military Systems and tain intelligence matters. Zhang on her winning essay and I wish her the Advanced Cyber Threat’’. SH–219 much continued success in her future SVC–217 endeavors. Committee on Commerce, Science, and JULY 16 Transportation 2:30 p.m. f To hold hearings to examine advancing Committee on Energy and Natural Re- SENATE COMMITTEE MEETINGS the science and standards of forensics. sources SR–253 Subcommittee on Water and Power Title IV of Senate Resolution 4, To hold hearings to examine the Bureau agreed to by the Senate of February 4, JUNE 27 of Reclamation’s Colorado River Basin 1977, calls for establishment of a sys- 10 a.m. Water Supply and Demand Study. tem for a computerized schedule of all Committee on Appropriations SD–366 meetings and hearings of Senate com- Business meeting to markup proposed mittees, subcommittees, joint commit- budget estimates for fiscal year 2014 for SEPTEMBER 11 tees, and committees of conference. Transportation, Housing and Urban De- 10:30 a.m. This title requires all such committees velopment, and Related Agencies and Committee on Appropriations to notify the Office of the Senate Daily Energy and Water Development. Subcommittee on Financial Services and Digest—designated by the Rules Com- SD–106 General Government Committee on Banking, Housing, and To hold hearings to examine proposed mittee—of the time, place and purpose Urban Affairs budget estimates and justification for of the meetings, when scheduled and To hold hearings to examine the nomina- fiscal year 2014 for the Federal Commu- any cancellations or changes in the tions of Melvin L. Watt, of North Caro- nications Commission. meetings as they occur. lina, to be Director of the Federal SD–138

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 01:46 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A24JN8.001 E24JNPT1 rfrederick on DSK6SPTVN1PROD with REMARKS Monday, June 24, 2013 Daily Digest Senate Reid Amendment No. 1552 (to the language pro- Chamber Action posed to be stricken by the reported committee sub- Routine Proceedings, pages S4987–S5102 stitute amendment to the bill), to change the enact- Measures Introduced: Two bills and three resolu- ment date. Page S4988 tions were introduced, as follows: S. 1214–1215, and Reid Amendment No. 1553 (to Amendment No. S. Res. 183–185. Page S5017 1552), of a perfecting nature. Page S4988 Measures Passed: A motion was entered to close further debate on the committee-reported substitute amendment to the World Refugee Day: Senate agreed to S. Res. bill, and, in accordance with the provisions of Rule 184, recognizing refugee women and girls on World XXII of the Standing Rules of the Senate, a vote on Refugee Day. Page S5098 cloture will occur on Wednesday, June 26, 2013. Authorizing Representation: Senate agreed to S. Page S4988 Res. 185, to authorize representation by the Senate A motion was entered to close further debate on Legal Counsel in the case of R. Wayne Patterson v. the bill, and, in accordance with the provisions of United States Senate, et al. Page S5098 Rule XXII of the Standing Rules of the Senate, a Measures Considered: vote on cloture will occur upon disposition of the Border Security, Economic Opportunity, and Im- committee-reported substitute amendment. migration Modernization Act—Agreement: Sen- Page S4988 ate resumed consideration of S. 744, to provide for During consideration of this measure today, Senate comprehensive immigration reform, taking action on also took the following action: the following amendments and motions proposed By 67 yeas to 27 nays (Vote No. 160), three-fifths thereto: Pages S4988–S5013 of those Senators duly chosen and sworn, having Pending: voted in the affirmative, Senate agreed to the motion Leahy Modified Amendment No. 1183, to to close further debate on Leahy Modified Amend- strengthen border security and enforcement. ment No. 1183 (listed above). Pages S5012–13 Page S4988 Reid motion to recommit the bill to the Com- Boxer/Landrieu Amendment No. 1240, to require mittee on the Judiciary, with instructions, Reid training for National Guard and Coast Guard officers Amendment No. 1554, to change the enactment and agents in training programs on border protec- date, fell when cloture was invoked on Leahy Modi- tion, immigration law enforcement, and how to ad- fied Amendment No. 1183 (listed above). Page S5013 dress vulnerable populations, such as children and Reid Amendment No. 1555 (to the instructions of victims of crime. Page S4988 Cruz Amendment No. 1320, to replace title I of the motion to recommit), of a perfecting nature, fell the bill with specific border security requirements, when Reid Amendment No. 1554 (listed above) fell. which shall be met before the Secretary of Homeland Page S5013 Security may process applications for registered im- Reid Amendment No. 1556 (to Amendment No. migrant status or blue card status and to avoid De- 1555), of a perfecting nature, fell when Reid partment of Homeland Security budget reductions. Amendment No. 1555 (to the instructions of the Page S4988 motion to recommit) (listed above) fell. Page S5013 Leahy (for Reed) Amendment No. 1224, to clarify A unanimous-consent agreement was reached pro- the physical present requirements for merit-based viding for further consideration of the bill at ap- immigrant visa applicants. Page S4988 proximately 11:00 a.m. on Tuesday, June 25, 2013; Reid Amendment No. 1551 (to Modified Amend- that the filing deadline for first-degree amendments ment No. 1183), to change the enactment date. to the committee-reported substitute and the bill be Page S4988 at 12:00 p.m. on Tuesday, June 25, 2013; and that D625

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all time during adjournment, recess, morning busi- Amendments Submitted: Pages S5028–98 ness, and Executive Session count post-cloture on Notices of Hearings/Meetings: Page S5098 Leahy Modified Amendment No. 1183. Page S5098 Authorities for Committees to Meet: Page S5098 Nominations Received: Senate received the following nominations: Record Votes: One record vote was taken today. Loretta Cheryl Sutliff, of Nevada, to be a Member (Total—160) Pages S5012–13 of the Board of Directors of the Corporation for Pub- Adjournment: Senate convened at 12 p.m. and ad- lic Broadcasting for a term expiring January 31, journed at 7:44 p.m., until 10 a.m. on Tuesday, 2018. June 25, 2013. (For Senate’s program, see the re- Terrell McSweeny, of the District of Columbia, to marks of the Majority Leader in today’s Record on be a Federal Trade Commissioner for the unexpired page S5101.) term of seven years from September 26, 2010. Denise Campbell Bauer, of California, to be Am- bassador to Belgium. Committee Meetings Morrell John Berry, of Maryland, to be Ambas- sador to Australia. (Committees not listed did not meet) James Walter Brewster, Jr., of Illinois, to be Am- bassador to the Dominican Republic. BUSINESS MEETING Reuben Earl Brigety II, of Florida, to be Rep- Committee on Appropriations: Committee announced resentative of the United States of America to the the following subcommittee assignments for the African Union, with the rank and status of Ambas- 113th Congress: sador. Daniel A. Clune, of Maryland, to be Ambassador Subcommittee on Agriculture, Rural Development, Food to the Lao People’s Democratic Republic. and Drug Administration, and Related Agencies: Sen- David Hale, of New Jersey, to be Ambassador to ators Pryor (Chair), Harkin, Feinstein, Johnson (SD), the Republic of Lebanon. Tester, Udall (NM), Merkley, Blunt, Cochran, Michael A. Hammer, of the District of Columbia, McConnell, Collins, Moran, and Hoeven. to be Ambassador to the Republic of Chile. Subcommittee on Commerce, Justice, Science, and Related Terence Patrick McCulley, of Washington, to be Agencies: Senators Mikulski (Chair), Leahy, Feinstein, Ambassador to the Republic of Cote d’Ivoire. Reed, Pryor, Landrieu, Shaheen, Merkley, Coons, Brian A. Nichols, of Rhode Island, to be Ambas- Shelby, McConnell, Alexander, Collins, Murkowski, sador to the Republic of Peru. Graham, Kirk, and Boozman. David D. Pearce, of Virginia, to be Ambassador to Subcommittee on Department of Defense: Senators Durbin Greece. (Chair), Leahy, Harkin, Feinstein, Mikulski, Murray, Linda Thomas-Greenfield, of Louisiana, to be an Johnson (SD), Reed, Landrieu, Pryor, Cochran, Assistant Secretary of State (African Affairs). McConnell, Shelby, Alexander, Collins, Murkowski, Ann Miller Ravel, of California, to be a Member Graham, Coats, and Blunt. of the Federal Election Commission for a term expiring April 30, 2017. Subcommittee on Energy and Water Development: Senators Lee E. Goodman, of Virginia, to be a Member of Feinstein (Chair), Murray, Johnson (SD), Landrieu, the Federal Election Commission for a term expiring Harkin, Tester, Durbin, Udall (NM), Shaheen, Alex- April 30, 2015. ander, Cochran, McConnell, Shelby, Collins, Mur- Jon T. Rymer, of Tennessee, to be Inspector Gen- kowski, Graham, and Hoeven. eral, Department of Defense. Subcommittee on Financial Services and General Govern- 2 Army nominations in the rank of general. ment: Senators Udall (NM) (Chair), Durbin, Coons, 1 Navy nomination in the rank of admiral. Johanns, and Moran. Routine lists in the Army, Foreign Service, and Subcommittee on Department of Homeland Security: Sen- Navy. Pages S5101–02 ators Landrieu (Chair), Leahy, Murray, Tester, Executive Communications: Pages S5016–17 Begich, Coons, Coats, Cochran, Shelby, Murkowski, Executive Reports of Committees: Page S5017 and Moran. Additional Cosponsors: Pages S5017–19 Subcommittee on Department of the Interior, Environment, and Related Agencies: Senators Reed (Chair), Feinstein, Statements on Introduced Bills/Resolutions: Leahy, Johnson (SD), Tester, Udall (NM), Merkley, Pages S5019–28 Begich, Murkowski, Cochran, Alexander, Blunt, Additional Statements: Pages S5015–16 Hoeven, and Johanns.

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Subcommittee on Departments of Labor, Health and the Board of Directors of the Tennessee Valley Au- Human Services, and Education, and Related Agencies: thority, Richard J. Engler, of New Jersey, to be a Senators Harkin (Chair), Murray, Landrieu, Durbin, Member of the Chemical Safety and Hazard Inves- Reed, Pryor, Mikulski, Tester, Shaheen, Merkley, tigation Board, and Allison M. Macfarlane, of Mary- Moran, Cochran, Shelby, Alexander, Graham, Kirk, land, to be a Member of the Nuclear Regulatory Johanns, and Boozman. Commission. Subcommittee on Legislative Branch: Senators Shaheen DRUG ABUSE IN MEDICARE (Chair), Begich, Coons, Hoeven, and Boozman. Committee on Homeland Security and Governmental Af- Subcommittee on Military Construction and Veterans Af- fairs: Committee concluded a hearing to examine fairs, and Related Agencies: Senators Johnson (SD) curbing drug abuse in Medicare, after receiving testi- (Chair), Murray, Reed, Pryor, Tester, Udall (NM), mony from Joseph T. Rannazzisi, Deputy Assistant Begich, Merkley, Kirk, McConnell, Collins, Mur- Administrator, Office of Diversion Control, Drug kowski, Coats, Hoeven, and Johanns. Enforcement Administration, Department of Justice; Subcommittee on State, Foreign Operations, and Related Jonathan Blum, Acting Principal Deputy Adminis- Programs: Senators Leahy (Chair), Harkin, Mikulski, trator and Director, Center for Medicare, Centers for Durbin, Landrieu, Shaheen, Begich, Coons, Graham, Medicare and Medicaid Services, and Gary Cantrell, McConnell, Kirk, Coats, Blunt, Johanns, and Booz- Deputy Inspector General for Investigations, and man. Stuart Wright, Deputy Inspector General for Evalua- Subcommittee on Transportation and Housing and Urban tion and Inspections, both of the Office of Inspector Development, and Related Agencies: Senators Murray General, all of the Department of Health and (Chair), Mikulski, Durbin, Leahy, Harkin, Feinstein, Human Services; and Alanna Lavelle, WellPoint, Johnson (SD), Pryor, Reed, Udall (NM), Collins, Inc., Atlanta, Georgia. Shelby, Alexander, Graham, Kirk, Coats, Blunt, BUSINESS MEETING Moran, and Boozman. Senators Mikulski and Shelby are ex officio mem- Committee on Homeland Security and Governmental Af- bers of each subcommittee of which they are not fairs: Committee ordered favorably reported the regular members. nominations of Howard A. Shelanski, of Pennsyl- vania, to be Administrator of the Office of Informa- BUSINESS MEETING tion and Regulatory Affairs, Office of Management Committee on Environment and Public Works: Com- and Budget, and Daniel M. Tangherlini, of the Dis- mittee ordered favorably reported the nominations of trict of Columbia, to be Administrator of General Marilyn A. Brown, of Georgia, to be a Member of Services. h House of Representatives H.R. 1672, to withdraw and reserve certain pub- Chamber Action lic lands administered by the Bureau of Land Man- Public Bills and Resolutions Introduced: 1 public agement for exclusive military use as part of the bill, H.R. 2476 was introduced. Page H3995 Limestone Hills Training Area, Montana, and for Additional Cosponsors: Page H3995 other purposes, with an amendment (H. Rept. 113–121, Pt. 1); Reports Filed: Reports were filed today as follows: H.R. 1673, to provide for the transfer of certain H.R. 910, to reauthorize the Sikes Act (H. Rept. public land currently administered by the Bureau of 113–119, Pt. 1); Land Management to the administrative jurisdiction H.R. 1299, to provide for the transfer of certain of the Secretary of the Navy for inclusion in Naval public land currently administered by the Bureau of Air Weapons Station China Lake, California, and for Land Management to the administrative jurisdiction other purposes, with an amendment (H. Rept. of the Secretary of the Army for inclusion in White 113–122, Pt. 1); Sands Missile Range, New Mexico, and for other H.R. 1676, to designate the Johnson Valley Na- purposes, with an amendment (H. Rept. 113–120, tional Off-Highway Vehicle Recreation Area in San Pt. 1); Bernardino County, California, to authorize limited

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H.R. 1691, to provide for the transfer of certain Committee on Energy and Natural Resources: to hold an public land currently administered by the Bureau of oversight hearing to examine the challenges and opportu- Land Management to the administrative jurisdiction nities for improving forest management on Federal lands, of the Secretary of the Navy for inclusion in the 10 a.m., SD–366. Chocolate Mountain Aerial Gunnery Range, Cali- Subcommittee on Energy, to hold an oversight hearing fornia, and for other purposes, with an amendment to examine S. 717, to direct the Secretary of Energy to (H. Rept. 113–124, Pt. 1); and establish a pilot program to award grants to nonprofit or- H.R. 2231, to amend the Outer Continental Shelf ganizations for the purpose of retrofitting nonprofit Lands Act to increase energy exploration and produc- buildings with energy-efficiency improvements, S. 1084, tion on the Outer Continental Shelf, provide for eq- to amend the Energy Policy and Conservation Act to establish the Office of Energy Efficiency and Renewable uitable revenue sharing for all coastal States, imple- Energy as the lead Federal agency for coordinating Fed- ment the reorganization of the functions of the eral, State, and local assistance provided to promote the former Minerals Management Service into distinct energy retrofitting of schools, S. 1191, to facilitate better and separate agencies, and for other purposes, with alignment, cooperation, and best practices between com- an amendment (H. Rept. 113–125, Pt. 1). mercial real estate landlords and tenants regarding energy Pages H3994–95 efficiency in buildings, S. 1199, to improve energy per- Speaker: Read a letter from the Speaker wherein he formance in Federal buildings, S. 1200, to amend the En- ergy Policy and Conservation Act to promote energy effi- appointed Representative Harris to act as Speaker ciency and energy savings in residential buildings, S. pro tempore for today. Page H3993 1205, to reduce energy waste, strengthen energy system Quorum Calls—Votes: There were no Yea and Nay resiliency, increase industrial competitiveness, and pro- votes, and there were no Recorded votes. There were mote local economic development by helping public and no quorum calls. private entities to assess and implement energy systems that recover and use waste heat and local renewable en- Adjournment: The House met at 11 a.m. and ad- ergy resources, S. 1206, to encourage benchmarking and journed at 11:03 a.m. disclosure of energy information for commercial buildings, S. 1209, to establish a State Energy Race to the Top Initiative to assist energy policy innovation in the Committee Meetings States to promote the goal of doubling electric and ther- No hearings were held. mal energy productivity by January 1, 2030, and S. 1213, to reauthorize the weatherization and State energy Joint Meetings programs, 2:30 p.m., SD–366. No joint committee meetings were held. Committee on Finance: to hold an oversight hearing to examine recovery audit contractors, focusing on program f integrity, 10 a.m., SD–215. COMMITTEE MEETINGS FOR TUESDAY, Committee on Foreign Relations: business meeting to con- JUNE 25, 2013 sider S. 718, to create jobs in the United States by increasing United States exports to Africa by at least 200 (Committee meetings are open unless otherwise indicated) percent in real dollar value within 10 years, S. 559, to establish a fund to make payments to the Americans held Senate hostage in Iran, and to members of their families, who Committee on Appropriations: Subcommittee on Energy are identified as members of the proposed class in case and Water Development, business meeting to mark up number 1:08–CV–00487 (EGS) of the United States Dis- proposed legislation making appropriations for fiscal year trict Court for the District of Columbia, S. Res. 144, 2014 for Energy and Water Development, 10 a.m., concerning the ongoing conflict in the Democratic Re- SD–192. public of the Congo and the need for international efforts Subcommittee on Transportation and Housing and supporting long-term peace, stability, and observance of Urban Development, and Related Agencies, business human rights, S. Res. 167, reaffirming the strong support meeting to mark up proposed legislation making appro- of the United States for the peaceful resolution of terri- priations for fiscal year 2014 for Transportation, Housing torial, sovereignty, and jurisdictional disputes in the Asia- and Urban Development, and Related Agencies, 12 noon, Pacific maritime domains, S. Res. 165, calling for the re- SD–124. lease from prison of former Prime Minister of Ukraine

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Yulia Tymoshenko in light of the recent European Court mental Relations, and the District of Columbia, to hold of Human Rights ruling, S. Res. 166, commemorating hearings to examine measuring the impact of prepared- the 50th anniversary of the founding of the Organization ness grants since 9/11, 10 a.m., SD–342. of African Unity (OAU) and commending its successor, Select Committee on Intelligence: to hold closed hearings to the African Union, S. Res. 151, urging the Government examine certain intelligence matters, 2:30 p.m., SH–219. of Afghanistan to ensure transparent and credible presidential and provincial elections in April 2014 by adher- House ing to internationally accepted democratic standards, es- Committee on Foreign Affairs, Subcommittee on Africa, tablishing a transparent electoral process, and ensuring se- Global Health, Global Human Rights, and International curity for voters and candidates, and the nominations of Organizations; and Subcommittee on the Middle East and Geoffrey R. Pyatt, of California, to be Ambassador to North Africa, joint hearing entitled ‘‘Religious Minorities Ukraine, and Tulinabo Salama Mushingi, of Virginia, to in Syria: Caught in the Middle’’, 3 p.m., 2172 Rayburn. be Ambassador to Burkina Faso, both of the Department Committee on Rules, Full Committee, hearing on H.R. of State, 3 p.m., S–116, Capitol. 1613, the ‘‘Outer Continental Shelf Transboundry Hydro- Committee on Health, Education, Labor, and Pensions: to carbon Agreements Authorization Act’’; H.R. 2231, the hold hearings to examine 75 years of the Federal min- ‘‘Offshore Energy and Jobs Act’’; and H.R. 2410, the Ag- imum wage, 2:30 p.m., SD–430. riculture, Rural Development, Food and Drug Adminis- Committee on Homeland Security and Governmental Affairs: tration, and Related Agencies Appropriations Act Fiscal Subcommittee on Emergency Management, Intergovern- Year 2014, 5 p.m., H–313 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, June 25 12 p.m., Tuesday, June 25

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of the following morning business (not to extend beyond one hour), Senate measures under suspension of the rules: (1) H.R. 2383— will continue consideration of S. 744, Border Security, To designate the new Interstate Route 70 bridge over the Economic Opportunity, and Immigration Modernization Mississippi River connecting St. Louis, Missouri, and Act. The filing deadline for first-degree amendments to southwestern Illinois as the ‘‘Stan Musial Veterans Memo- the committee-reported substitute amendment and to the rial Bridge’’; (2) H.R. 1092—To designate the air route bill is at 12 p.m. traffic control center located in Nashua, New Hampshire, (Senate will recess from 12:30 p.m. until 2:15 p.m. for their as the Patricia Clark Boston Air Route Traffic Control respective party conferences.) Center’’; and (3) H.R. 2289—To rename section 219(c) of the Internal Revenue Code of 1986 as the Kay Bailey Hutchison Spousal IRA.

Extensions of Remarks, as inserted in this issue

HOUSE

Beatty, Joyce, Ohio, E955

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