,i #aacth ,,congress #ast ,session ,h4 ,r4 #babd ,,in ,,the ,,house ,,of ,,representatives ,may #bc1 #bjac ,mr4 ,barrow of ,georgia introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,homeland ,security1 ,ways and ,means1 ,armed ,services1 and ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,immigration and ,nationality ,act to improve worksite enforcement1 prevent crime1 and gain operational control of the borders1 and for other purposes4 #a4 ,short title 7a7 ,short title ,this ,act may be cited as the ,keeping the ,promise of ,,irca ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,title ,i--,worksite ,enforcement ,that ,works ,sec4 #aja4 ,employment eligibility verification process4 ,sec4 #ajb4 ,employment eligibility verification system4 ,sec4 #ajc4 ,recruitment1 referral1 and continuation of employment4 ,sec4 #ajd4 ,good faith defense4 ,sec4 #aje4 ,repeal4 ,sec4 #ajf4 ,penalties4 ,title ,,ii--,crime ,prevention and ,penalties ,sec4 #bja4 ,establishment of electronic birth and death registration systems4 ,sec4 #bjb4 ,enhanced penalties for document fraud4 ,sec4 #bjc4 ,alien smuggling and terrorism prevention4 ,sec4 #bjd4 ,eligibility for ,state criminal alien assistance program funding4 ,sec4 #bje4 ,,ice immigration enforcement agents4 ,sec4 #bjf4 ,,ice detention enforcement officers4 ,sec4 #bjg4 ,additional ,,ice deportation officers and support staff4 ,sec4 #bjh4 ,assisting gang and drug task forces4 ,sec4 #bji4 ,protecting communities4 ,sec4 #baj4 ,protecting public safety and removing criminal aliens4 ,sec4 #baa4 ,pilot program for electronic field processing4 ,sec4 #bab4 ,restricting visas for countries that refuse to repatriate their nationals4 ,sec4 #bac4 ,additional ,,ice detention space4 ,sec4 #bad4 ,additional immigration judgeships and law clerks4 ,sec4 #bae4 ,additional ,,ice prosecutors4 ,sec4 #baf4 ,ensuring the safety of ,,ice officers and agents4 ,sec4 #bag4 ,,ice ,advisory ,council4 ,title ,,iii--,gaining ,operational ,control of ,america's ,borders ,sec4 #cja4 ,automated entry-exit control system4 ,sec4 #cjb4 ,measuring border security4 ,sec4 #cjc4 ,national strategy to achieve operational control of ,america's borders4 ,sec4 #cjd4 ,improving border technology4 ,sec4 #cje4 ,ensuring the safety of border patrol agents4 ,i ,worksite ,enforcement ,that ,works #aja4 ,employment eligibility verification process 7a7 ,in general ,section #bgd;,a7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77 is amended to read as follows3 7b7 ,employment eligibility verification process 7#a7 ,new hires1 recruitment1 and referral ,the requirements referred to in paragraphs 7#a77;,b7 and 7#c7 of subsection 7a7 are1 in the case of a person or other entity hiring1 recruiting1 or referring an individual for employment in the ,united ,states1 the following3 7,a7 ,attestation after examination of documentation 7i7 ,attestation ,on the date of hire 7as defined in subsection 7h77#d771 the person or entity shall attest1 under penalty of perjury and on a form1 including electronic and telephonic formats1 designated or established by the ,secretary by regulation not later than #f months after the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 that it has verified that the individual is not an unauthorized alien by-- 7,i7 obtaining from the individual the individual's social security account number and recording the number on the form 7if the individual claims to have been issued such a number71 and1 if the individual does not attest to ,united ,states nationality under subparagraph 7,b71 obtaining such identification or authorization number established by the ,department of ,homeland ,security for the alien as the ,secretary of ,homeland ,security may specify1 and recording such number on the form2 and 7,,ii7 examining-- 7aa7 a document relating to the individual presenting it described in clause 7ii72 or 7bb7 a document relating to the individual presenting it described in clause 7iii7 and a document relating to the individual presenting it described in clause 7iv74 7ii7 ,documents evidencing employment authorization and establishing identity ,a document described in this subparagraph is an individual's-- 7,i7 unexpired ,united ,states passport or passport card2 7,,ii7 unexpired permanent resident card that contains a photograph2 7,,iii7 unexpired employment authorization card that contains a photograph2 7,,iv7 in the case of a nonimmigrant alien authorized to work for a specific employer incident to status1 a foreign passport with ,form ,i-#id or ,form ,i-#id;,a1 or other documentation as designated by the ,secretary specifying the alien's nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation2 7,v7 passport from the ,federated ,states of ,micronesia 7,,fsm7 or the ,republic of the ,marshall ,islands 7,,rmi7 with ,form ,i-#id or ,form ,i-#id;,a1 or other documentation as designated by the ,secretary1 indicating nonimmigrant admission under the ,compact of ,free ,association ,between the ,united ,states and the ,,fsm or ,,rmi2 or 7,,vi7 other document designated by the ,secretary of ,homeland ,security1 if the document-- 7aa7 contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the ,secretary of ,homeland ,security finds1 by regulation1 sufficient for purposes of this clause2 7bb7 is evidence of authorization of employment in the ,united ,states2 and 7cc7 contains security features to make it resistant to tampering1 counterfeiting1 and fraudulent use4 7iii7 ,documents evidencing employment authorization ,a document described in this subparagraph is an individual's social security account number card 7other than such a card which specifies on the face that the issuance of the card does not authorize employment in the ,united ,states74 7iv7 ,documents establishing identity of individual ,a document described in this subparagraph is-- 7,i7 an individual's unexpired ,state issued driver's license or identification card if it contains a photograph and information such as name1 date of birth1 gender1 height1 eye color1 and address2 7,,ii7 an individual's unexpired ,u4,s4 military identification card2 7,,iii7 an individual's unexpired ,native ,american tribal identification document issued by a tribal entity recognized by the ,bureau of ,indian ,affairs2 or 7,,iv7 in the case of an individual under #ah years of age1 a parent or legal guardian's attestation under penalty of law as to the identity and age of the individual4 7v7 ,authority to prohibit use of certain documents ,if the ,secretary of ,homeland ,security finds1 by regulation1 that any document described in clause 7i71 7ii71 or 7iii7 as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree1 the ,secretary may prohibit or place conditions on its use for purposes of this paragraph4 7vi7 ,signature ,such attestation may be manifested by either a hand-written or electronic signature4 7,b7 ,individual attestation of employment authorization 7i7 ,in general ,during the verification period 7as defined in subparagraph 7,f771 the individual shall attest1 under penalty of perjury on the form designated or established for purposes of subparagraph 7,a71 that the individual is a citizen or national of the ,united ,states1 an alien lawfully admitted for permanent residence1 or an alien who is authorized under this ,act or by the ,secretary of ,homeland ,security to be hired1 recruited1 or referred for such employment4 ,such attestation may be manifested by either a hand-written or electronic signature4 ,the individual shall also provide that individual's social security account number 7if the individual claims to have been issued such a number71 and1 if the individual does not attest to ,united ,states nationality under this subparagraph1 such identification or authorization number established by the ,department of ,homeland ,security for the alien as the ,secretary may specify4 7ii7 ,criminal penalty 7,i7 ,offenses ,any individual who1 pursuant to clause 7i71 provides a social security account number or an identification or authorization number established by the ,secretary of ,homeland ,security that belongs to another person1 knowing that the number does not belong to the individual providing the number1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not less than #a year and not more than #ae years1 or both4 ,any individual who1 pursuant to clause 7i71 provides1 during and in relation to any felony violation enumerated in section #ajbh;,a7c7 of title #ah1 ,united ,states ,code1 a social security account number or an identification or authorization number established by the ,secretary of ,homeland ,security that belongs to another person1 knowing that the number does not belong to the individual providing the number1 in addition to the punishment provided for such felony1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for a term of #b years1 or both4 7,,ii7 ,consecutive sentence ,notwithstanding any other provision of law-- 7aa7 a court shall not place on probation any individual convicted of a violation of this clause2 7bb7 except as provided in item 7dd71 no term of imprisonment imposed on an individual under this section shall run concurrently with any other term of imprisonment imposed on the individual under any other provision of law1 including any term of imprisonment imposed for the felony enumerated in section #ajbh;,a7c7 of title #ah1 ,united ,states ,code1 during which the violation of this section occurred2 7cc7 in determining any term of imprisonment to be imposed for the felony enumerated in section #ajbh;,a7c7 of title #ah1 ,united ,states ,code1 during which the violation of this clause occurred1 a court shall not in any way reduce the term to be imposed for such crime so as to compensate for1 or otherwise take into account1 any separate term of imprisonment imposed or to be imposed for a violation of this clause2 and 7dd7 a term of imprisonment imposed on an individual for a violation of this clause may1 in the discretion of the court1 run concurrently1 in whole or in part1 only with another term of imprisonment that is imposed by the court at the same time on that individual for an additional violation of this clause1 except that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the ,united ,states ,sentencing ,commission pursuant to section #iid of title #bh1 ,united ,states ,code4 7,c7 ,retention of verification form and verification 7i7 ,in general ,after completion of such form in accordance with subparagraphs 7,a7 and 7,b71 the person or entity shall-- 7,i7 retain a paper1 microfiche1 microfilm1 or electronic version of the form and make it available for inspection by officers of the ,department of ,homeland ,security1 the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices1 or the ,department of ,labor during a period beginning on the date of the recruiting or referral of the individual1 or1 in the case of the hiring of an individual1 the date on which the verification is completed1 and ending-- 7aa7 in the case of the recruiting or referral of an individual1 #c years after the date of the recruiting or referral2 and 7bb7 in the case of the hiring of an individual1 the later of #c years after the date the verification is completed or one year after the date the individual's employment is terminated2 and 7,,ii7 during the verification period 7as defined in subparagraph 7,f771 make an inquiry1 as provided in subsection 7d71 using the verification system to seek verification of the identity and employment eligibility of an individual4 7ii7 ,confirmation 7,i7 ,confirmation received ,if the person or other entity receives an appropriate confirmation of an individual's identity and work eligibility under the verification system within the time period specified1 the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual4 7,,ii7 ,tentative nonconfirmation received ,if the person or other entity receives a tentative nonconfirmation of an individual's identity or work eligibility under the verification system within the time period specified1 the person or entity shall so inform the individual for whom the verification is sought4 ,if the individual does not contest the nonconfirmation within the time period specified1 the nonconfirmation shall be considered final4 ,the person or entity shall then record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation4 ,if the individual does contest the nonconfirmation1 the individual shall utilize the process for secondary verification provided under subsection 7d74 ,the nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the verification system within the time period specified4 ,in no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final4 ,nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure4 ,in no case shall an employer rescind the offer of employment to an individual because of a failure of the individual to have identity and work eligibility confirmed under this subsection until a nonconfirmation becomes final4 ,nothing in this subclause shall apply to a recission of the offer of employment for any reason other than because of such a failure4 7,,iii7 ,final confirmation or nonconfirmation received ,if a final confirmation or nonconfirmation is provided by the verification system regarding an individual1 the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual4 7,,iv7 ,extension of time ,if the person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time1 the person or entity may make an inquiry in the first subsequent working day in which the verification system registers that it has received all inquiries4 ,if the verification system cannot receive inquiries at all times during a day1 the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry1 and does not have to provide any additional proof concerning such inquiry4 7,v7 ,consequences of nonconfirmation 7aa7 ,termination or notification of continued employment ,if the person or other entity has received a final nonconfirmation regarding an individual1 the person or entity may terminate employment of the individual 7or decline to recruit or refer the individual74 ,if the person or entity does not terminate employment of the individual or proceeds to recruit or refer the individual1 the person or entity shall notify the ,secretary of ,homeland ,security of such fact through the verification system or in such other manner as the ,secretary may specify4 7bb7 ,failure to notify ,if the person or entity fails to provide notice with respect to an individual as required under item 7aa71 the failure is deemed to constitute a violation of subsection 7a77#a77;,a7 with respect to that individual4 7,,vi7 ,continued employment after final nonconfirmation ,if the person or other entity continues to employ 7or to recruit or refer7 an individual after receiving final nonconfirmation1 a rebuttable presumption is created that the person or entity has violated subsection 7a77#a77;,a74 7,d7 ,effective dates of new procedures 7i7 ,hiring ,the provisions of this paragraph shall apply to a person or other entity hiring an individual for employment in the ,united ,states as follows3 7,i7 ,with respect to employers having #aj1jjj or more employees in the ,united ,states on the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 on the date that is #f months after the date of the enactment of such ,act4 7,,ii7 ,with respect to employers having #ejj or more employees in the ,united ,states1 but less than #aj1jjj employees in the ,united ,states1 on the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 on the date that is #ab months after the date of the enactment of such ,act4 7,,iii7 ,with respect to employers having #bj or more employees in the ,united ,states1 but less than #ejj employees in the ,united ,states1 on the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 on the date that is #ah months after the date of the enactment of such ,act4 7,,iv7 ,with respect to employers having one or more employees in the ,united ,states1 but less than #bj employees in the ,united ,states1 on the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 on the date that is #bd months after the date of the enactment of such ,act4 7ii7 ,recruiting and referring ,the provisions of this paragraph shall apply to a person or other entity recruiting or referring an individual for employment in the ,united ,states on the date that is #ab months after the date of the enactment of the ,keeping the ,promise of ,,irca ,act4 7iii7 ,transition rule ,subject to paragraph 7#d71 the following shall apply to a person or other entity hiring1 recruiting1 or referring an individual for employment in the ,united ,states until the effective date or dates applicable under clauses 7i7 and 7ii73 7,i7 ,this subsection1 as in effect before the enactment of the ,keeping the ,promise of ,,irca ,act4 7,,ii7 ,subtitle ,a of title ,,iv of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 as in effect before the effective date in section #g7;c7 of the ,keeping the ,promise of ,,irca ,act4 7,,iii7 ,any other provision of ,federal law requiring the person or entity to participate in the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 as in effect before the effective date in section #g7;c7 of the ,keeping the ,promise of ,,irca ,act1 including ,executive ,order #acdfe 7#h ,u4,s4,c4 #acbd;a note2 relating to ,government procurement74 7,e7 ,verification period defined 7i7 ,in general ,for purposes of this paragraph3 7,i7 ,in the case of recruitment or referral1 the term verification period means the period ending on the date recruiting or referring commences4 7,,ii7 ,in the case of hiring1 the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is #c business days after the date of hire1 except as provided in clause 7ii74 7ii7 ,special rule ,notwithstanding clause 7i77,,ii71 in the case of an alien who is authorized for employment and who provides evidence from the ,social ,security ,administration that the alien has applied for a social security account number1 the verification period ends #c business days after the alien receives the social security account number4 7#b7 ,reverification for individuals with limited work authorization 7,a7 ,in general ,a person or entity shall make an inquiry1 as provided in subsection 7d71 using the verification system to seek reverification of the identity and employment eligibility of all individuals with a limited period of work authorization employed by the person or entity during the #c business days before the date on which the employee's work authorization expires as follows3 7i7 ,with respect to employers having #aj1jjj or more employees in the ,united ,states on the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 beginning on the date that is #f months after the date of the enactment of such ,act4 7ii7 ,with respect to employers having #ejj or more employees in the ,united ,states1 but less than #aj1jjj employees in the ,united ,states1 on the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 beginning on the date that is #ab months after the date of the enactment of such ,act4 7iii7 ,with respect to employers having #bj or more employees in the ,united ,states1 but less than #ejj employees in the ,united ,states1 on the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 beginning on the date that is #ah months after the date of the enactment of such ,act4 7iv7 ,with respect to employers having #a or more employees in the ,united ,states1 but less than #bj employees in the ,united ,states1 on the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 beginning on the date that is #bd months after the date of the enactment of such ,act4 7,b7 ,reverification ,paragraph 7#a77;,c77ii7 shall apply to reverifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph 7#a71 except that employers shall-- 7i7 use a form designated or established by the ,secretary by regulation for purposes of this paragraph2 and 7ii7 retain a paper1 microfiche1 microfilm1 or electronic version of the form and make it available for inspection by officers of the ,department of ,homeland ,security1 the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices1 or the ,department of ,labor during the period beginning on the date the reverification commences and ending on the date that is the later of #c years after the date of such reverification or #a year after the date the individual's employment is terminated4 7#c7 ,early compliance 7,a7 ,former ,e-,verify required users1 including ,federal contractors ,notwithstanding the deadlines in paragraphs 7#a7 and 7#b71 beginning on the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 the ,secretary is authorized to commence requiring employers required to participate in the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 including employers required to participate in such program by reason of ,federal acquisition laws 7and regulations promulgated under those laws1 including the ,federal ,acquisition ,regulation71 to commence compliance with the requirements of this subsection 7and any additional requirements of such ,federal acquisition laws and regulation7 in lieu of any requirement to participate in the ,e-,verify ,program4 7,b7 ,former ,e-,verify voluntary users and others desiring early compliance ,notwithstanding the deadlines in paragraphs 7#a7 and 7#b71 beginning on the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 the ,secretary shall provide for the voluntary compliance with the requirements of this subsection by employers voluntarily electing to participate in the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 before such date1 as well as by other employers seeking voluntary early compliance4 7#d7 ,copying of documentation permitted ,notwithstanding any other provision of law1 the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy1 but only 7except as otherwise permitted under law7 for the purpose of complying with the requirements of this subsection4 7#e7 ,limitation on use of forms ,a form designated or established by the ,secretary of ,homeland ,security under this subsection and any information contained in or appended to such form1 may not be used for purposes other than for enforcement of this ,act and any other provision of ,federal criminal law4 7#f7 ,good faith compliance 7,a7 ,in general ,except as otherwise provided in this subsection1 a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement4 7,b7 ,exception if failure to correct after notice ,subparagraph 7,a7 shall not apply if-- 7i7 the failure is not de minimus2 7ii7 the ,secretary of ,homeland ,security has explained to the person or entity the basis for the failure and why it is not de minimus2 7iii7 the person or entity has been provided a period of not less than #cj calendar days 7beginning after the date of the explanation7 within which to correct the failure2 and 7iv7 the person or entity has not corrected the failure voluntarily within such period4 7,c7 ,exception for pattern or practice violators ,subparagraph 7,a7 shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection 7a77#a77;,a7 or 7a77#b74 7#g7 ,single extension of deadlines upon certification ,in a case in which the ,secretary of ,homeland ,security has certified to the ,congress that the employment eligibility verification system required under subsection 7d7 will not be fully operational by the date that is #f months after the date of the enactment of the ,keeping the ,promise of ,,irca ,act1 each deadline established under this section for an employer to make an inquiry using such system shall be extended by #f months4 ,no other extension of such a deadline shall be made4 4 7b7 ,date of hire ,section #bgd;,a7h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77 is amended by adding at the end the following3 7#d7 ,definition of date of hire ,as used in this section1 the term date of hire means the date of actual commencement of employment for wages or other remuneration1 unless otherwise specified4 4 #ajb4 ,employment eligibility verification system ,section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d77 is amended to read as follows3 7d7 ,employment eligibility verification system 7#a7 ,in general ,patterned on the employment eligibility confirmation system established under section #djd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 the ,secretary of ,homeland ,security shall establish and administer a verification system through which the ,secretary 7or a designee of the ,secretary1 which may be a nongovernmental entity7-- 7,a7 responds to inquiries made by persons at any time through a toll-free telephone line and other toll-free electronic media concerning an individual's identity and whether the individual is authorized to be employed2 and 7,b7 maintains records of the inquiries that were made1 of verifications provided 7or not provided71 and of the codes provided to inquirers as evidence of their compliance with their obligations under this section4 7#b7 ,initial response ,the verification system shall provide confirmation or a tentative nonconfirmation of an individual's identity and employment eligibility within #c working days of the initial inquiry4 ,if providing confirmation or tentative nonconfirmation1 the verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation4 7#c7 ,secondary confirmation process in case of tentative nonconfirmation ,in cases of tentative nonconfirmation1 the ,secretary shall specify1 in consultation with the ,commissioner of ,social ,security1 an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than #aj working days after the date on which the notice of the tentative nonconfirmation is received by the employee4 ,the ,secretary1 in consultation with the ,commissioner1 may extend this deadline on a case-by-case basis1 and if the time is extended1 shall document such extension within the verification system4 ,when final confirmation or nonconfirmation is provided1 the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation4 7#d7 ,design and operation of system ,the verification system shall be designed and operated-- 7,a7 to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information2 7,b7 to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received2 7,c7 with appropriate administrative1 technical1 and physical safeguards to prevent unauthorized disclosure of personal information2 7,d7 to have reasonable safeguards against the system's resulting in unlawful discriminatory practices based on national origin or citizenship status1 including-- 7i7 the selective or unauthorized use of the system to verify eligibility2 or 7ii7 the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required1 beyond what is required for most job applicants2 and 7,e7 to limit the subjects of verification to the following individuals3 7i7 ,individuals hired1 referred1 or recruited1 in accordance with paragraph 7#a7 or 7#d7 of subsection 7b74 7ii7 ,employees and prospective employees1 in accordance with paragraph 7#a71 7#b71 7#c71 or 7#d7 of subsection 7b74 7iii7 ,individuals seeking to confirm their own employment eligibility on a voluntary basis4 7#e7 ,responsibilities of ,commissioner of ,social ,security ,as part of the verification system1 the ,commissioner of ,social ,security1 in consultation with the ,secretary of ,homeland ,security 7and any designee of the ,secretary selected to establish and administer the verification system71 shall establish a reliable1 secure method1 which1 within the time periods specified under paragraphs 7#b7 and 7#c71 compares the name and social security account number provided in an inquiry against such information maintained by the ,commissioner in order to validate 7or not validate7 the information provided regarding an individual whose identity and employment eligibility must be confirmed1 the correspondence of the name and number1 and whether the individual has presented a social security account number that is not valid for employment4 ,the ,commissioner shall not disclose or release social security information 7other than such confirmation or nonconfirmation7 under the verification system except as provided for in this section or section #bje7;c77#b77;,i7 of the ,social ,security ,act4 7#f7 ,responsibilities of ,secretary of ,homeland ,security ,as part of the verification system1 the ,secretary of ,homeland ,security 7in consultation with any designee of the ,secretary selected to establish and administer the verification system71 shall establish a reliable1 secure method1 which1 within the time periods specified under paragraphs 7#b7 and 7#c71 compares the name and alien identification or authorization number 7or any other information as determined relevant by the ,secretary7 which are provided in an inquiry against such information maintained or accessed by the ,secretary in order to validate 7or not validate7 the information provided1 the correspondence of the name and number1 whether the alien is authorized to be employed in the ,united ,states1 or to the extent that the ,secretary determines to be feasible and appropriate1 whether the records available to the ,secretary verify the identity or status of a national of the ,united ,states4 7#g7 ,offenses 7,a7 ,in general ,any person or entity that1 in making an inquiry under subsection 7b77#a77;,c77i77,,ii71 provides to the verification system a social security account number or an identification or authorization number established by the ,secretary of ,homeland ,security that belongs to a person other than the individual whose identity and employment authorization are being verified1 knowing that the number does not belong to the individual whose identity and employment authorization are being verified1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not less than #a year and not more than #ae years1 or both4 ,if the person or entity1 in making an inquiry under subsection 7b77#a77;,c77i77,,ii71 during and in relation to any felony violation enumerated in section #ajbh;,a7c7 of title #ah1 ,united ,states ,code1 provides to the verification system a social security account number or an identification or authorization number established by the ,secretary of ,homeland ,security that belongs to a person other than the individual whose identity and employment authorization are being verified1 knowing that the number does not belong to the individual whose identity and work authorization are being verified1 in addition to the punishment provided for such felony1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for a term of #b years1 or both4 7,b7 ,consecutive sentence ,notwithstanding any other provision of law-- 7i7 a court shall not place on probation any person or entity convicted of a violation of this paragraph2 7ii7 except as provided in clause 7iv71 no term of imprisonment imposed on a person or entity under this section shall run concurrently with any other term of imprisonment imposed on the person or entity under any other provision of law1 including any term of imprisonment imposed for the felony enumerated in section #ajbh;,a7c7 of title #ah1 ,united ,states ,code1 during which the violation of this paragraph occurred2 7iii7 in determining any term of imprisonment to be imposed for the felony enumerated in section #ajbh;,a7c7 of title #ah1 ,united ,states ,code1 during which the violation of this section occurred1 a court shall not in any way reduce the term to be imposed for such crime so as to compensate for1 or otherwise take into account1 any separate term of imprisonment imposed or to be imposed for a violation of this paragraph2 and 7iv7 a term of imprisonment imposed on a person or entity for a violation of this paragraph may1 in the discretion of the court1 run concurrently1 in whole or in part1 only with another term of imprisonment that is imposed by the court at the same time on that person or entity for an additional violation of this paragraph1 except that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the ,united ,states ,sentencing ,commission pursuant to section #iid of title #bh1 ,united ,states ,code4 7#h7 ,updating information ,the ,commissioner of ,social ,security and the ,secretary of ,homeland ,security shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information1 including instances in which it is brought to their attention in the secondary verification process described in paragraph 7#c74 7#i7 ,limitation on use of the verification system and any related systems 7,a7 ,no national identification card ,nothing in this section shall be construed to authorize1 directly or indirectly1 the issuance or use of national identification cards or the establishment of a national identification card4 7,b7 ,critical infrastructure ,the ,secretary may authorize or direct any person or entity responsible for granting access to1 protecting1 securing1 operating1 administering1 or regulating part of the critical infrastructure 7as defined in section #ajaf7;e7 of the ,critical ,infrastructure ,protection ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e777 to use the verification system to the extent the ,secretary determines that such use will assist in the protection of the critical infrastructure4 4 #ajc4 ,recruitment1 referral1 and continuation of employment 7a7 ,additional changes to rules for recruitment1 referral1 and continuation of employment ,section #bgd;,a7a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking for a fee2 7#b7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 to hire1 continue to employ1 or to recruit or refer for employment in the ,united ,states an individual without complying with the requirements of subsection 7b74 2 7#c7 in paragraph 7#b71 by striking after hiring an alien for employment in accordance with paragraph 7#a71 and inserting after complying with paragraph 7#a712 and 7#d7 in paragraph 7#c71 by striking hiring1 and inserting hiring1 employing1 each place it appears4 7b7 ,definition ,section #bgd;,a7h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h771 as amended by section #aja7;b7 of this ,act1 is further amended by adding at the end the following3 7#e7 ,definition of recruit or refer ,as used in this section1 the term refer means the act of sending or directing a person who is in the ,united ,states or transmitting documentation or information to another1 directly or indirectly1 with the intent of obtaining employment in the ,united ,states for such person4 ,only persons or entities referring for remuneration 7whether on a retainer or contingency basis7 are included in the definition1 except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in the definition whether or not they receive remuneration1 as are labor service entities or labor service agencies1 whether public1 private1 for-profit1 or nonprofit1 that refer1 dispatch1 or otherwise facilitate the hiring of laborers for any period of time by a third party4 ,as used in this section1 the term recruit means the act of soliciting a person who is in the ,united ,states1 directly or indirectly1 and referring the person to another with the intent of obtaining employment for that person4 ,only persons or entities referring for remuneration 7whether on a retainer or contingency basis7 are included in the definition1 except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in this definition whether or not they receive remuneration1 as are labor service entities or labor service agencies1 whether public1 private1 for-profit1 or nonprofit that recruit1 dispatch1 or otherwise facilitate the hiring of laborers for any period of time by a third party4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #a year after the date of the enactment of this ,act1 except that the amendments made by subsection 7a7 shall take effect #f months after the date of the enactment of this ,act insofar as such amendments relate to continuation of employment4 #ajd4 ,good faith defense ,section #bgd;,a7a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77#c77 is amended to read as follows3 7#c7 ,good faith defense 7,a7 ,defense ,an employer 7or person or entity that hires1 employs1 recruits1 or refers 7as defined in subsection 7h77#e771 or is otherwise obligated to comply with this section7 who establishes that it has complied in good faith with the requirements of subsection 7b7-- 7i7 shall not be liable to a job applicant1 an employee1 the ,federal ,government1 or a ,state or local government1 under ,federal1 ,state1 or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection 7d72 and 7ii7 has established compliance with its obligations under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 and subsection 7b7 absent a showing by the ,secretary of ,homeland ,security1 by clear and convincing evidence1 that the employer had knowledge that an employee is an unauthorized alien4 7,b7 ,failure to seek and obtain verification ,subject to the effective dates and other deadlines applicable under subsection 7b71 in the case of a person or entity in the ,united ,states that hires1 or continues to employ1 an individual1 or recruits or refers an individual for employment1 the following requirements apply3 7i7 ,failure to seek verification 7,i7 ,in general ,if the person or entity has not made an inquiry1 under the mechanism established under subsection 7d7 and in accordance with the timeframes established under subsection 7b71 seeking verification of the identity and work eligibility of the individual1 the defense under subparagraph 7,a7 shall not be considered to apply with respect to any employment1 except as provided in subclause 7,,ii74 7,,ii7 ,special rule for failure of verification mechanism ,if such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph 7,a7 and the verification mechanism has registered that not all inquiries were responded to during the relevant time1 the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense4 7ii7 ,failure to obtain verification ,if the person or entity has made the inquiry described in clause 7i77,i7 but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection 7d77#b7 after the time the verification inquiry was received1 the defense under subparagraph 7,a7 shall not be considered to apply with respect to any employment after the end of such time period4 4 #aje4 ,repeal 7a7 ,in general ,subtitle ,a of title ,,iv of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #abcd;a note7 is repealed4 7b7 ,references ,any reference in any ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of1 or pertaining to1 the ,department of ,homeland ,security1 ,department of ,justice1 or the ,social ,security ,administration1 to the employment eligibility confirmation system established under section #djd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is deemed to refer to the employment eligibility confirmation system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by section #ajb of this ,act4 7c7 ,effective date ,this section shall take effect on the date that is #cf months after the date of the enactment of this ,act4 #ajf4 ,penalties ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended-- 7#a7 in subsection 7e77#a7-- 7,a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7,b7 by striking ,service and inserting ,department of ,homeland ,security2 7#b7 in subsection 7e77#d7-- 7,a7 in subparagraph 7,a71 in the matter before clause 7i71 by inserting 1 subject to paragraph 7#aj71 after in an amount2 7,b7 in subparagraph 7,a77i71 by striking not less than #bej and not more than #b1jjj and inserting not less than #b1ejj and not more than #e1jjj2 7,c7 in subparagraph 7,a77ii71 by striking not less than #b1jjj and not more than #e1jjj and inserting not less than #e1jjj and not more than #aj1jjj2 7,d7 in subparagraph 7,a77iii71 by striking not less than #c1jjj and not more than #aj1jjj and inserting not less than #aj1jjj and not more than #be1jjj2 and 7,e7 by amending subparagraph 7,b7 to read as follows3 7,b7 may require the person or entity to take such other remedial action as is appropriate4 2 7#c7 in subsection 7e77#e7-- 7,a7 in the paragraph heading1 strike paperwork2 7,b7 by inserting 1 subject to paragraphs 7#aj7 through 7#ab71 after in an amount2 7,c7 by striking #ajj and inserting #a1jjj2 7,d7 by striking #a1jjj and inserting #be1jjj2 7,e7 by adding at the end the following3 ,failure by a person or entity to utilize the employment eligibility verification system as required by law1 or providing information to the system that the person or entity knows or reasonably believes to be false1 shall be treated as a violation of subsection 7a77#a77;,a742 7#d7 by adding at the end of subsection 7e7 the following3 7#aj7 ,exemption from penalty for good faith violation ,in the case of imposition of a civil penalty under paragraph 7#d77;,a7 with respect to a violation of subsection 7a77#a77;,a7 or 7a77#b7 for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph 7#e7 for a violation of subsection 7a77#a77;,b7 for hiring or recruitment or referral by a person or entity1 the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith4 7#aa7 ,authority to debar employers for certain violations 7,a7 ,in general ,if a person or entity is determined by the ,secretary of ,homeland ,security to be a repeat violator of paragraph 7#a77;,a7 or 7#b7 of subsection 7a71 or is convicted of a crime under this section1 such person or entity may be considered for debarment from the receipt of ,federal contracts1 grants1 or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the ,federal ,acquisition ,regulation4 7,b7 ,does not have contract1 grant1 agreement ,if the ,secretary of ,homeland ,security or the ,attorney ,general wishes to have a person or entity considered for debarment in accordance with this paragraph1 and such an person or entity does not hold a ,federal contract1 grant or cooperative agreement1 the ,secretary or ,attorney ,general shall refer the matter to the ,administrator of ,general ,services to determine whether to list the person or entity on the ,list of ,parties ,excluded from ,federal ,procurement1 and if so1 for what duration and under what scope4 7,c7 ,has contract1 grant1 agreement ,if the ,secretary of ,homeland ,security or the ,attorney ,general wishes to have a person or entity considered for debarment in accordance with this paragraph1 and such person or entity holds a ,federal contract1 grant or cooperative agreement1 the ,secretary or ,attorney ,general shall advise all agencies or departments holding a contract1 grant1 or cooperative agreement with the person or entity of the ,government's interest in having the person or entity considered for debarment1 and after soliciting and considering the views of all such agencies and departments1 the ,secretary or ,attorney ,general may refer the matter to any appropriate lead agency to determine whether to list the person or entity on the ,list of ,parties ,excluded from ,federal ,procurement1 and if so1 for what duration and under what scope4 7,d7 ,review ,any decision to debar a person or entity in accordance with this paragraph shall be reviewable pursuant to part #i4d of the ,federal ,acquisition ,regulation4 7#ab7 ,office for ,state and local government complaints ,the ,secretary of ,homeland ,security shall establish an office-- 7,a7 to which ,state and local government agencies may submit information indicating potential violations of subsection 7a71 7b71 or 7g77#a7 that were generated in the normal course of law enforcement or the normal course of other official activities in the ,state or locality2 7,b7 that is required to indicate to the complaining ,state or local agency within #e business days of the filing of such a complaint by identifying whether the ,secretary will further investigate the information provided2 7,c7 that is required to investigate those complaints filed by ,state or local government agencies that1 on their face1 have a substantial probability of validity2 7,d7 that is required to notify the complaining ,state or local agency of the results of any such investigation conducted2 and 7,e7 that is required to report to the ,congress annually the number of complaints received under this paragraph1 the ,states and localities that filed such complaints1 and the resolution of the complaints investigated by the ,secretary4 2 and 7#e7 by amending paragraph 7#a7 of subsection 7f7 to read as follows3 7#a7 ,criminal penalty ,any person or entity which engages in a pattern or practice of violations of subsection 7a7 7#a7 or 7#b7 shall be fined not more than #ae1jjj for each unauthorized alien with respect to which such a violation occurs1 imprisoned for not less than one year and not more than #aj years1 or both1 notwithstanding the provisions of any other ,federal law relating to fine levels4 4 ,,ii ,crime ,prevention and ,penalties #bja4 ,establishment of electronic birth and death registration systems ,in consultation with the ,secretary of ,health and ,human ,services and the ,commissioner of ,social ,security1 the ,secretary of ,homeland ,security shall take the following actions3 7#a7 ,work with the ,states to establish a common data set and common data exchange protocol for electronic birth registration systems and death registration systems4 7#b7 ,coordinate requirements for such systems to align with a national model4 7#c7 ,ensure that fraud prevention is built into the design of electronic vital registration systems in the collection of vital event data1 the issuance of birth certificates1 and the exchange of data among government agencies4 7#d7 ,ensure that electronic systems for issuing birth certificates1 in the form of printed abstracts of birth records or digitized images1 employ a common format of the certified copy1 so that those requiring such documents can quickly confirm their validity4 7#e7 ,establish uniform field requirements for ,state birth registries4 7#f7 ,not later than #a year after the date of the enactment of this ,act1 establish a process with the ,department of ,defense that will result in the sharing of data1 with the ,states and the ,social ,security ,administration1 regarding deaths of ,united ,states military personnel and the birth and death of their dependents4 7#g7 ,not later than #a year after the date of the enactment of this ,act1 establish a process with the ,department of ,state to improve registration1 notification1 and the sharing of data with the ,states and the ,social ,security ,administration1 regarding births and deaths of ,united ,states citizens abroad4 7#h7 ,not later than #c years after the date of establishment of databases provided for under this section1 require ,states to record and retain electronic records of pertinent identification information collected from requestors who are not the registrants4 7#i7 ,not later than #f months after the date of the enactment of this ,act1 submit to ,congress a report on whether there is a need for ,federal laws to address penalties for fraud and misuse of vital records and whether violations are sufficiently enforced4 #bjb4 ,enhanced penalties for document fraud ,section #ajbh7;b77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b71 by striking 8or0 at the end2 7#b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 to facilitate illegal immigration or human smuggling2 or 4 #bjc4 ,alien smuggling and terrorism prevention 7a7 ,checks against terrorist watchlist ,the ,secretary of ,homeland ,security shall1 to the extent practicable1 check against all available terrorist watchlists those persons suspected of alien smuggling and smuggled individuals who are interdicted at the land1 air1 and sea borders of the ,united ,states4 7b7 ,strengthening prosecution and punishment of alien smugglers ,section #bgd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a77 is amended-- 7#a7 by amending the subsection heading to read as follows3 ,bringing ,in1 ,harboring1 and ,smuggling of ,unlawful and ,terrorist ,aliens4--2 7#b7 by amending paragraphs 7#a7 through 7#b7 to read as follows3 7#a7 7,a7 ,whoever1 knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to1 enter1 or reside in the ,united ,states1 knowingly-- 7i7 brings that individual to the ,united ,states in any manner whatsoever regardless of any future official action which may be taken with respect to such individual2 7ii7 recruits1 encourages1 or induces that individual to come to1 enter1 or reside in the ,united ,states2 7iii7 transports or moves that individual in the ,united ,states1 in furtherance of their unlawful presence2 or 7iv7 harbors1 conceals1 or shields from detection the individual in any place in the ,united ,states1 including any building or any means of transportation2 or attempts or conspires to do so1 shall be punished as provided in subparagraph 7,c74 7,b7 ,whoever1 knowing that an individual is an alien1 brings that individual to the ,united ,states in any manner whatsoever at a place1 other than a designated port of entry or place designated by the ,secretary of ,homeland ,security1 regardless of whether such individual has received prior official authorization to come to1 enter1 or reside in the ,united ,states and regardless of any future official action which may be taken with respect to such individual1 or attempts or conspires to do so1 shall be punished as provided in subparagraph 7,c74 7,c7 ,whoever commits an offense under this paragraph shall1 for each individual in respect to whom such a violation occurs-- 7i7 if the offense results in the death of any person1 be fined under title #ah1 ,united ,states ,code1 and subject to the penalty of death or imprisonment for any term of years or for life2 7ii7 if the offense involves kidnapping1 an attempt to kidnap1 the conduct required for aggravated sexual abuse 7as defined in section #bbda of title #ah1 ,united ,states ,code1 without regard to where it takes place71 or an attempt to commit such abuse1 or an attempt to kill1 be fined under title #ah1 ,united ,states ,code1 or imprisoned for any term of years or life1 or both2 7iii7 if the offense involves an individual who the defendant knew was engaged in or intended to engage in terrorist activity 7as defined in section #bab7;a77#c77;,b771 be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #cj years1 or both2 7iv7 if the offense results in serious bodily injury 7as defined in section #acfe of title #ah1 ,united ,states ,code7 or places in jeopardy the life of any person1 be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #bj years1 or both2 7v7 if the offense is a violation of paragraph 7#a77;,a77i7 and was committed for the purpose of profit1 commercial advantage1 or private financial gain1 or if the offense was committed with the intent or reason to believe that the individual unlawfully brought into the ,united ,states will commit an offense against the ,united ,states or any ,state that is punishable by imprisonment for more than #a year1 be fined under title #ah1 ,united ,states ,code1 and imprisoned1 in the case of a first or second violation1 not less than #c nor more than #aj years1 and for any other violation1 not less than #e nor more than #ae years2 7vi7 if the offense is a violation of paragraphs 7#a77;,a77ii71 7iii71 or 7iv71 or paragraph 7#a77;,b71 and was committed for the purpose of profit1 commercial advantage1 or private financial gain1 be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #aj years1 or both2 7vii7 if the offense involves the transit of the defendant's spouse1 child1 sibling1 parent1 grandparent1 or niece or nephew1 and the offense is not described in any of clauses 7i7 through 7vi71 be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #a year1 or both2 and 7viii7 in any other case1 be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #e years1 or both4 7#b7 7,a7 ,there is extraterritorial jurisdiction over the offenses described in paragraph 7#a74 7,b7 ,in a prosecution for a violation of1 or an attempt or conspiracy to violate1 subsection 7a77#a77;,a77i71 7a77#a77;,a77ii71 or 7a77#a77;,b71 that occurs on the high seas1 no defense based on necessity can be raised unless the defendant-- 7i7 as soon as practicable1 reported to the ,coast ,guard the circumstances of the necessity1 and if a rescue is claimed1 the name1 description1 registry number1 and location of the vessel engaging in the rescue2 and 7ii7 did not bring1 attempt to bring1 or in any manner intentionally facilitate the entry of any alien into the land territory of the ,united ,states without lawful authority1 unless exigent circumstances existed that placed the life of that alien in danger1 in which case the reporting requirement set forth in clause 7i7 is satisfied by notifying the ,coast ,guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore4 7,c7 ,it is not a violation of1 or an attempt or conspiracy to violate1 clause 7iii7 or 7iv7 of paragraph 7#a77;,a71 or paragraph 7#a77;,a77ii7 7except if a person recruits1 encourages1 or induces an alien to come to or enter the ,united ,states71 for a religious denomination having a bona fide nonprofit1 religious organization in the ,united ,states1 or the agents or officer of such denomination or organization1 to encourage1 invite1 call1 allow1 or enable an alien who is present in the ,united ,states to perform the vocation of a minister or missionary for the denomination or organization in the ,united ,states as a volunteer who is not compensated as an employee1 notwithstanding the provision of room1 board1 travel1 medical assistance1 and other basic living expenses1 provided the minister or missionary has been a member of the denomination for at least one year4 7,d7 ,for purposes of this paragraph and paragraph 7#a7-- 7i7 the term ,united ,states means the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states2 and 7ii7 the term lawful authority means permission1 authorization1 or waiver that is expressly provided for in the immigration laws of the ,united ,states or the regulations prescribed under those laws and does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved4 4 7c7 ,maritime law enforcement 7#a7 ,penalties ,subsection 7b7 of section #bbcg of title #ah1 ,united ,states ,code1 is amended to read as follows3 7b7 ,whoever intentionally violates this section shall-- 7#a7 if the offense results in death or involves kidnapping1 an attempt to kidnap1 the conduct required for aggravated sexual abuse 7as defined in section #bbda without regard to where it takes place71 or an attempt to commit such abuse1 or an attempt to kill1 be fined under such title or imprisoned for any term of years or life1 or both2 7#b7 if the offense results in serious bodily injury 7as defined in section #acfe of this title7 or transportation under inhumane conditions1 be fined under this title1 imprisoned not more than #ae years1 or both2 7#c7 if the offense is committed in the course of a violation of section #bgd of the ,immigration and ,nationality ,act 7alien smuggling72 chapter #gg 7peonage1 slavery1 and trafficking in persons71 section #aaa 7shipping71 #aaa;,a 7interference with vessels71 #aac 7stolen property71 or #aag 7transportation for illegal sexual activity7 of this title2 chapter #gje 7maritime drug law enforcement7 of title #df1 or title ,,ii of the ,act of ,june #ae1 #aiag 7chapter #cj2 #dj ,stat4 #bbj71 be fined under this title or imprisoned for not more than #aj years1 or both2 and 7#d7 in any other case1 be fined under this title or imprisoned for not more than #e years1 or both4 4 7#b7 ,limitation on necessity defense ,section #bbcg7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by inserting 7#a7 after 7c72 7,b7 by adding at the end the following3 7#b7 ,in a prosecution for a violation of this section1 no defense based on necessity can be raised unless the defendant-- 7,a7 as soon as practicable upon reaching shore1 delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel2 7,b7 as soon as practicable1 reported to the ,coast ,guard the circumstances of the necessity resulting giving rise to the defense2 and 7,c7 did not bring1 attempt to bring1 or in any manner intentionally facilitate the entry of any alien1 as that term is defined in section #aja7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#c771 into the land territory of the ,united ,states without lawful authority1 unless exigent circumstances existed that placed the life of that alien in danger1 in which case the reporting requirement of subparagraph 7,b7 is satisfied by notifying the ,coast ,guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore4 4 7#c7 ,definition ,section #bbcg7;e7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking and at the end of paragraph 7#c72 7,b7 by striking the period at the end of paragraph 7#d7 and inserting 2 and2 and 7,c7 by adding at the end the following3 7#e7 the term transportation under inhumane conditions means the transportation of persons in an engine compartment1 storage compartment1 or other confined space1 transportation at an excessive speed1 transportation of a number of persons in excess of the rated capacity of the means of transportation1 or intentionally grounding a vessel in which persons are being transported4 4 7d7 ,amendment to the sentencing guidelines 7#a7 ,in general ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and1 if appropriate1 amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding4 7#b7 ,considerations ,in carrying out this section1 the ,sentencing ,commission1 shall-- 7,a7 consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in subsection 7a7 that-- 7i7 involve a pattern of continued and flagrant violations2 7ii7 are part of an ongoing commercial organization or enterprise2 7iii7 involve aliens who were transported in groups of ten or more2 7iv7 involve the transportation or abandonment of aliens in a manner that endangered their lives2 or 7v7 involve the facilitation of terrorist activity2 and 7,b7 consider cross-references to the guidelines for ,criminal ,sexual ,abuse and ,attempted ,murder4 7#c7 ,expedited procedures ,the ,commission may promulgate the guidelines or amendments under this section in accordance with the procedures set forth in section #ba7;a7 of the ,sentencing ,act of #aihg1 as though the authority under that ,act had not expired4 #bjd4 ,eligibility for ,state criminal alien assistance program funding 7a7 ,in general ,the ,attorney ,general shall-- 7#a7 determine annually which ,state or local jurisdictions are not in compliance with section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act 7,public ,law #ajd-bjh7 and shall report such determinations to ,congress on ,march #a of each year2 and 7#b7 issue a report concerning the compliance of any particular ,state or local jurisdiction at the request of any ,member of ,congress4 7b7 ,incarceration ,section #bda7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i77 is amended by adding at the end the following3 7#g7 ,a ,state 7or a political subdivision of a ,state7 shall not be eligible to enter into a contractual arrangement under paragraph 7#a7 if the ,state 7or political subdivision7 has been determined by the ,attorney ,general to be out of compliance with section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act 7,public ,law #ajd-bjh74 ,such ,state 7or political subdivision7 shall remain ineligible until the ,attorney ,general determines that the ,state 7or political subdivision7 has come into compliance4 4 #bje4 ,,ice immigration enforcement agents 7a7 ,in general ,the ,secretary shall authorize all immigration enforcement agents and deportation officers of ,immigration and ,customs ,enforcement who have successfully completed basic immigration law enforcement training to exercise the powers conferred by-- 7#a7 section #bhg7;a77#e77;,a7 of the ,immigration and ,nationality ,act to arrest for any offense against the ,united ,states2 7#b7 section #bhg7;a77#e77;,b7 of the ,immigration and ,nationality ,act to arrest for any felony2 7#c7 section #bgd7;a7 of the ,immigration and ,nationality ,act to arrest for bringing in1 transporting1 or harboring certain aliens1 or inducing them to enter2 7#d7 section #bhg7;a7 of the ,immigration and ,nationality ,act to execute warrants of arrest for administrative immigration violations issued under section #bcf of the ,act or to execute warrants of criminal arrest issued under the authority of the ,united ,states2 and 7#e7 section #bhg7;a7 of the ,act to carry firearms1 provided that they are individually qualified by training and experience to handle and safely operate the firearms they are permitted to carry1 maintain proficiency in the use of such firearms1 and adhere to the provisions of the enforcement standard governing the use of force4 7b7 ,pay ,immigration enforcement agents shall be paid on the same scale as ,immigration and ,customs ,enforcement deportation officers and shall receive the same benefits4 #bjf4 ,,ice detention enforcement officers 7a7 ,authorization ,the ,secretary is authorized to hire #b1ejj ,immigration and ,customs ,enforcement detention enforcement officers4 7b7 ,duties ,detention enforcement officers who have successfully completed detention enforcement officers' basic training shall be responsible for-- 7#a7 taking and maintaining custody of any person who has been arrested by an immigration officer2 7#b7 transporting and guarding immigration detainees2 7#c7 securing ,,ice detention facilities2 and 7#d7 assisting in the processing of detainees4 #bjg4 ,additional ,,ice deportation officers and support staff 7a7 ,in general ,the ,secretary shall1 subject to the availability of appropriations for such purpose1 increase the number of positions for full-time active-duty ,immigration and ,customs ,enforcement deportation officers by #e1jjj above the number of full-time positions for which funds were appropriated for fiscal year #bjac4 7b7 ,support staff ,the ,secretary shall1 subject to the availability of appropriations for such purpose1 increase the number of positions for full-time support staff for ,immigration and ,customs ,enforcement deportation officers by #gjj above the number of full-time positions for which funds were appropriated for fiscal year #bjac4 #bjh4 ,assisting gang and drug task forces ,the ,secretary shall assign at least one ,immigration and ,customs ,enforcement deportation officer or immigration enforcement agent to serve as a member of any ,state or local gang or drug task force-- 7#a7 if the task force requests such assistance in writing to an ,,ice field office2 and 7#b7 for as long as the task force remains active and wants such assistance4 #bji4 ,protecting communities 7a7 ,prisons and jails ,the ,secretary shall assign an ,immigration and ,customs ,enforcement deportation officer or immigration enforcement agent to every ,federal1 ,state1 and ,county prison or jail facility4 7b7 ,detainers ,immigration and ,customs ,enforcement deportation officers and immigration enforcement agents assigned to a prison or jail facility are required to place a detainer on every alien they determine is unlawfully present in the ,united ,states4 #baj4 ,protecting public safety and removing criminal aliens 7a7 ,notices ,to appear ,notwithstanding any other provision of law1 immigration officers who encounter1 under any circumstances1 an alien listed in subsection 7b7 of this section are required to process such aliens and refer them for removal proceedings by issuing a ,notice to ,appear4 7b7 ,aliens covered ,aliens covered by subsection 7a7 of this section include any alien who is unlawfully present in the ,united ,states1 whether such alien entered without inspection or violated the terms of admission1 and who3 7#a7 ,has been convicted of any felony2 7#b7 ,has been convicted of any two or more misdemeanors2 7#c7 ,has been convicted of a crime involving moral turpitude2 7#d7 ,has been convicted of any felony or misdemeanor involving the operation of a vehicle while under the influence of alcohol or drugs2 7#e7 ,has been convicted of any felony or misdemeanor involving domestic violence1 sexual assault1 or sexual abuse of a child2 7#f7 ,has a known or suspected gang affiliation2 7#g7 ,assaults any law enforcement officer2 or 7#h7 ,poses a risk to public safety or national security4 #baa4 ,pilot program for electronic field processing 7a7 ,in general ,the ,secretary shall establish a pilot program in at least five of the #aj ,immigration and ,customs ,enforcement field offices with the largest removal caseloads to allow ,immigration and ,customs deportation officers and immigration enforcement agents to-- 7#a7 electronically process and serve charging documents1 including ,notices to ,appear1 while in the field2 and 7#b7 electronically process and place detainers while in the field4 7b7 ,duties ,the pilot program described in subsection 7a7 shall be designed to allow deportation officers and immigration enforcement agents to use handheld or vehicle-mounted computers to-- 7#a7 enter any required data1 including personal information about the alien subject and the reason for issuing the document2 7#b7 apply the electronic signature of the issuing officer or agent2 7#c7 set the date the alien is required to appear before an immigration judge1 in the case of ,notices to ,appear2 7#d7 print any documents the alien subject may be required to sign1 along with additional copies of documents to be served on the alien2 and 7#e7 interface with the ,,enforce database so that all data is stored and retrievable4 7c7 ,construction ,the pilot program described in subsection 7a7 shall be designed to replace1 to the extent possible1 the current paperwork and data-entry process used for issuing such charging documents and detainers4 7d7 ,deadline ,the ,secretary shall initiate the pilot program described in subsection 7a7 within #f months of the date of enactment of this ,act4 7e7 ,report ,the ,government ,accountability ,office shall report to the ,judiciary ,committee of the ,senate and the ,house of ,representatives no later than #ah months after the date of enactment of this ,act on the effectiveness of the pilot program and provide recommendations for improving it4 7f7 ,advisory ,council ,the ,,ice ,advisory ,council established by section #bag of this ,act shall include an recommendations on how the pilot program should work in the first quarterly report of the ,council1 and shall include assessments of the program and recommendations for improvement in each subsequent report4 #bab4 ,restricting visas for countries that refuse to repatriate their nationals 7a7 ,penalties related to removal ,section #bdc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abec7 is amended by striking subsection 7d74 7b7 ,countries to which aliens may be removed ,section #bda7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;b77 is amended by adding at the end the following3 7#d7 ,discontinuing granting certain visas and denying admission to nationals of country denying or delaying accepting aliens 7,a7 ,discontinuing granting visas ,except as provided under subparagraph 7,c71 if a country is listed in the most recent quarterly report submitted by the ,secretary of ,homeland ,security to the ,congress under subparagraph 7,e71 the ,secretary of ,state may not issue a nonimmigrant visa pursuant to section #aja7;a77#ae7 to a citizen1 subject1 national1 or resident of such country until-- 7i7 the ,secretary of ,homeland ,security notifies the ,secretary of ,state that the country should no longer be so listed2 or 7ii7 each alien listed in the report with respect to such country has otherwise been removed from the ,united ,states4 7,b7 ,denying admission to nationals and foreign government officials ,except as provided under subparagraph 7,c71 if a country is listed in the most recent quarterly report submitted by the ,secretary of ,homeland ,security to the ,congress under subparagraph 7,e71 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall deny admission to any citizen1 subject1 national1 or resident of that country who has received a nonimmigrant visa pursuant to section #aja7;a77#ae74 7,c7 ,exception ,subparagraphs 7,a7 and 7,b7 do not apply if the ,secretary of ,state determines that the life or freedom of the visa applicant or individual seeking admission would be threatened in the country listed under subparagraph 7,e74 7,d7 ,effect of unauthorized issuance ,any visa issued in violation of this paragraph shall be null and void4 7,e7 ,quarterly reports ,not later than #ij days after the date of the enactment of this ,act1 and every #c months thereafter1 the ,secretary of ,homeland ,security shall submit a report to the ,congress that-- 7i7 lists all the countries that deny or unreasonably delay the acceptance of at least #aj percent of the total number of aliens who-- 7,i7 are physically present in the ,united ,states2 7,,ii7 are a citizen1 subject1 national1 or resident of such country2 and 7,,iii7 have received a final order of removal2 and 7ii7 includes the total number of aliens described under clause 7i71 organized by-- 7,i7 name2 7,,ii7 country2 7,,iii7 detention status2 and 7,,iv7 criminal status4 7,f7 ,compliance with repatriation ,if the ,secretary of ,homeland ,security determines that a country listed in the quarterly report under subparagraph 7,e7 has accepted each alien listed with respect to that country under subparagraph 7,e77ii71 the country shall be removed from the list in the next quarterly report submitted under subparagraph 7,e7 and shall not be subject to the sanctions described in this paragraph1 unless subparagraph 7,e7 applies to such country with respect to another alien4 7,g7 ,denies or unreasonably delays 7i7 ,in general ,except as provided under clause 7ii71 in this paragraph1 a country denies or unreasonably delays the acceptance of an alien who is a citizen1 subject1 national1 or resident of the country if the country does not accept the alien within the removal period4 7ii7 ,alien that may not be removed ,for purposes of clause 7i71 a country does not deny or unreasonably delay the acceptance of an alien who is a citizen1 subject1 national1 or resident of the country if such alien may not be removed pursuant to this section4 4 #bac4 ,additional ,,ice detention space 7a7 ,in general ,the ,secretary of ,homeland ,security shall make arrangements for the availability of #aj1jjj additional beds for detaining aliens taken into custody by immigration officials4 7b7 ,implementation ,efforts shall be made to-- 7#a7 contract private facilities whenever possible to promote efficient use and to limit the ,federal ,government's maintenance of and liability for additional infrastructure2 7#b7 utilize ,state and local facilities for the provision of additional beds2 and 7#c7 utilize ,,brac facilities or active duty facilities4 7c7 ,construction ,the ,department of ,homeland ,security shall construct facilities as necessary to meet the remainder of the #aj1jjj new beds to be provided4 #bad4 ,additional immigration judgeships and law clerks 7a7 ,judgeships ,the ,attorney ,general shall create and fill twenty additional ,immigration ,judgeships within #f months after the date of enactment of this ,act4 7b7 ,clerkships ,the ,attorney ,general shall also ensure that for every #b ,immigration ,judges there shall be no fewer than one law clerk dedicated to assisting ,immigration ,judges4 #bae4 ,additional ,,ice prosecutors ,the ,secretary shall increase by sixty the number of full-time trial attorneys working for the ,immigration and ,customs ,enforcement ,office of the ,principal ,legal ,advisor4 #baf4 ,ensuring the safety of ,,ice officers and agents 7a7 ,body armor ,the ,secretary shall ensure that every ,immigration and ,customs ,enforcement deportation officer and immigration enforcement agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent4 ,enough body armor must be purchased to cover every agent in the field4 7b7 ,weapons ,the ,secretary shall ensure that ,immigration and ,customs ,enforcement deportation officers and immigration enforcement agents are equipped with weapons that are reliable and effective to protect themselves1 their fellow agents1 and innocent third parties from the threats posed by armed criminals4 ,such weapons shall include1 at a minimum1 standard-issue handguns1 ,m-#d 7or equivalent7 rifles1 and ,tasers4 #bag4 ,,ice ,advisory ,council 7a7 ,establishment ,an ,,ice ,advisory ,council shall be established within #c months of enactment of this ,act4 7b7 ,membership ,the ,,ice ,advisor ,council shall be comprised of seven members4 7#a7 ,members are to be appointed in the following manner3 7,a7 ,one member shall be appointed by the ,president2 7,b7 ,one member shall be appointed by the ,chairman of the ,judiciary ,committee of the ,house of ,representatives2 7,c7 ,one member shall be appointed by the ,chairman of the ,judiciary ,committee of the ,senate2 7,d7 ,one member shall be appointed by the ,local #eaa1 the ,,ice prosecutor's union2 and 7,e7 ,three members shall be appointed by the ,national ,immigration and ,customs ,enforcement ,council4 7#b7 ,members shall serve renewable1 #b-year terms4 7#c7 ,membership shall be voluntary and non-remunerated1 except that members will receive reimbursement from ,,ice for travel and other related expenses4 7#d7 ,members who are employed by ,,ice shall be protected from retaliation by their supervisors1 managers1 and other ,,dhs employees for their participation on the ,council4 7c7 ,purpose ,the purpose of the ,council is to advise the ,congress and the ,director of ,immigration and ,customs ,enforcement on issues including the following3 7#a7 ,the current status of ,,ice immigration enforcement efforts1 including prosecutions and removals1 the effectiveness of such efforts1 and how enforcement could be improved2 7#b7 ,the effectiveness of cooperative efforts between ,,ice and other law enforcement agencies1 including additional types of enforcement activities that ,,ice should be engaged in1 such as ,state and local criminal task forces2 7#c7 ,personnel1 equipment1 and other resource needs of ,,ice field personnel2 7#d7 ,improvements that should be made to ,,ice's organizational structure1 including whether the position of immigration enforcement agent should be merged into the deportation officer position2 and 7#e7 ,the effectiveness of specific enforcement policies and regulations promulgated by ,,ice ,headquarters1 and whether other enforcement priorities should be considered4 7d7 ,reports ,the ,council shall provide quarterly reports to the ,chairmen and ,ranking ,members of the ,judiciary ,committees of the ,senate and the ,house of ,representatives and to the ,director of ,immigration and ,customs ,enforcement4 ,the ,council members shall meet directly with the ,chairmen and ,ranking ,members 7or their designated representatives7 and with the ,director to discuss their reports every #f months4 ,,iii ,gaining ,operational ,control of ,america's ,borders #cja4 ,automated entry-exit control system 7a7 ,system ,not later than #b years after the date of the enactment of this ,act1 the ,secretary shall develop the biometric automated entry and exit control system required by ,sec4 #aaj of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,public ,law #ajd-bjh71 which was duly enacted by ,congress and signed into law4 7b7 ,pilot exit programs ,not later than #f months after the date of enactment of this ,act1 the ,secretary shall establish biometric exit pilot programs at a minimum of #aj land ports of entry1 including at least two each in ,california1 ,arizona1 ,new ,mexico1 and ,texas1 and at least two on the ,united ,states-,canada border4 7c7 ,purpose ,such pilot programs1 at a minimum shall match all nonimmigrant visa holders who depart the ,united ,states through the pilot port with their initial entry into the ,united ,states and report whether they departed within the terms of their visas4 7d7 ,,dhs ,report ,the ,secretary shall report to ,congress no later than one year after the date of enactment of this ,act1 and every #f months thereafter1 on the effectiveness of the pilot programs1 including-- 7#a7 what percentage of aliens leaving the ,united ,states through the pilot ports were tracked through the pilot2 7#b7 what percentage of tracked aliens violated the duration of their visas2 and 7#c7 the rate of visa compliance by nonimmigrant visa type4 7e7 ,,gao ,report ,the ,general ,accountability ,office shall report to ,congress no later than one year after the date of enactment of this ,act on the effectiveness of the pilot programs and recommendations for improving their effectiveness and expanding them nationwide4 #cjb4 ,measuring border security 7a7 ,in general ,the ,department of ,homeland ,security shall assess the effectiveness of border enforcement strategies and tools by using the metric of operational control4 7b7 ,operational ,control ,defined ,in this section1 the term operational control means the prevention of all unlawful entries into the ,united ,states1 including entries by terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband4 7c7 ,,dhs report ,not later than #a year after the date of the enactment of this ,act and annually thereafter1 the ,secretary shall submit to ,congress a report on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the ,united ,states in accordance with this section4 7d7 ,,gao report ,not later than #a year after the date of the enactment of this ,act and annually thereafter1 the ,general ,accountability ,office shall submit to ,congress a report on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the ,united ,states in accordance with this section4 #cjc4 ,national strategy to achieve operational control of ,america's borders 7a7 ,requirement for national strategy ,the ,secretary1 in consultation with the heads of other appropriate ,federal agencies1 shall develop a national strategy to secure the borders that describes actions to be carried out to achieve operational control over all ports of entry into the ,united ,states and the international land and maritime borders of the ,united ,states by ,december #ca1 #bjae4 7b7 ,content ,the national strategy to secure the borders shall include the following3 7#a7 ,an assessment of the threats posed by terrorists and terrorist groups that may try to infiltrate the ,united ,states at locations along the international land and maritime borders of the ,united ,states4 7#b7 ,a risk assessment for all ,united ,states ports of entry and all portions of the international land and maritime borders of the ,united ,states that includes a description of activities being undertaken-- 7,a7 to prevent the entry of terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband into the ,united ,states2 and 7,b7 to protect critical infrastructure at or near such ports of entry or borders4 7#c7 ,an assessment of the most appropriate1 practical1 and cost-effective means of defending the international land and maritime borders of the ,united ,states against threats to security and illegal transit1 including intelligence capacities1 technology1 equipment1 personnel1 and training needed to address security vulnerabilities4 7#d7 ,an assessment of staffing needs for all border security functions1 taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs1 policies1 and technologies4 7#e7 ,a description of the border security roles and missions of ,federal ,government1 ,state government1 local government1 and tribal authorities1 and recommendations regarding actions the ,secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner4 7#f7 ,an assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on the safety1 civil rights1 private property rights1 privacy rights1 and civil liberties1 including the effects on ,americans living in the border region and local1 ,state1 and ,federal law enforcement officers working in the border region4 7#g7 ,a prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the ,united ,states4 7#h7 ,an assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at ,united ,states ports of entry or along the international land borders of the ,united ,states4 7#i7 ,a schedule for the implementation of the security measures described in said strategy1 including a prioritization of security measures1 realistic deadlines for addressing the security and enforcement needs1 an estimate of the resources needed to carry out such measures1 and a description of how such resources should be allocated4 7c7 ,consultation ,in developing the national strategy for border security1 the ,secretary shall consult with representatives of-- 7#a7 ,state1 local1 and tribal governmental authorities with responsibility for locations along the international land and maritime borders of the ,united ,states2 and 7#b7 appropriate private sector entities1 nongovernmental organizations1 and affected communities that have expertise in areas related to border security4 7d7 ,coordination ,the national strategy for border security shall be consistent with the ,national ,strategy for ,maritime ,security developed pursuant to ,homeland ,security ,presidential ,directive #ac1 dated ,december #ba1 #bjjd4 7e7 ,submission to ,congress 7#a7 ,strategy ,not later than ,december #ca1 #bjac1 the ,secretary shall submit to ,congress the national strategy to achieve operational control of ,u4,s4 borders4 7#b7 ,updates ,the ,secretary shall submit to ,congress any update of such strategy that the ,secretary determines is necessary1 not later than #cj days after such update is developed4 7f7 ,immediate action ,nothing in this section may be construed to relieve the ,secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain immediate operational control over the entire international land and maritime borders of the ,united ,states4 #cjd4 ,improving border technology 7a7 ,equipment sharing between department of homeland security and department of defense ,the ,secretaries of these #b departments shall develop and implement a plan to use authorities provided to the ,secretary of ,defense under chapter #ah of title #aj1 ,united ,states ,code1 to increase the availability and use of ,department of ,defense equipment1 including unmanned aerial vehicles1 tethered aerostat radars1 and other surveillance equipment1 to assist the ,secretary in carrying out surveillance activities conducted at or near the international land borders of the ,united ,states to prevent illegal immigration4 7b7 ,report ,not later than #f months after the date of enactment of this ,act 7and then annually from that point71 the ,secretary and the ,secretary of ,defense shall submit to ,congress a report that contains-- 7#a7 a description of the current use of ,department of ,defense equipment to assist the ,secretary in carrying out surveillance of the international land borders of the ,united ,states and assessment of the potential risks to citizens of the ,united ,states and key foreign policy interests associated with the use of such equipment2 7#b7 the plan developed under subsection 7a7 to increase the use of ,department of ,defense equipment to assist such surveillance activities2 and 7#c7 a description of the types of equipment and other support to be provided by the ,secretary of ,defense under such plan during the #a-year period beginning on the date of the submission of the report4 7c7 ,secure communication ,the secretary shall1 as expeditiously as practicable1 develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure #b-way communication capabilities-- 7#a7 among all ,border ,patrol agents conducting operations between ports of entry2 7#b7 between ,border ,patrol agents and their respective ,border ,patrol stations2 and 7#c7 between all appropriate law enforcement agencies of the ,department and ,state1 local1 and tribal law enforcement agencies4 7d7 ,other technology upgrades ,the ,secretary shall purchase and implement new technology to secure the borders1 including1 but not limited to drones1 infrared cameras1 sensors1 mobile lighting units1 radar and infrared heat4 #cje4 ,ensuring the safety of border patrol agents 7a7 ,body armor ,the ,secretary shall ensure that every agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent4 ,enough body armor must be purchased to cover every agent in the field4 7b7 ,weapons ,the ,secretary shall ensure that agents are equipped with weapons1 including long-guns1 that are reliable and effective to protect themselves1 their fellow agents1 and innocent third parties from the threats posed by armed criminals4 ,the ,secretary shall ensure that the policies of the ,department authorize all agents to carry weapons that are suited to the potential threats that they face1 and that all agents receive appropriate training in the use of such weapons4