[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6136 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6136
To amend the immigration laws and provide for border security, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 19, 2018
Mr. Goodlatte (for himself, Mr. Curbelo of Florida, Mr. McCaul, and Mr.
Denham) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Homeland Security, Agriculture, Natural Resources, Transportation and
Infrastructure, Ways and Means, Energy and Commerce, Armed Services,
Foreign Affairs, the Budget, and Oversight and Government Reform, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the immigration laws and provide for border security, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border Security
and Immigration Reform Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--BORDER ENFORCEMENT
Sec. 1100. Short title.
TITLE I--BORDER SECURITY
Sec. 1101. Definitions.
Subtitle A--Infrastructure and Equipment
Sec. 1111. Strengthening the requirements for barriers along the
southern border.
Sec. 1112. Air and Marine Operations flight hours.
Sec. 1113. Capability deployment to specific sectors and transit zone.
Sec. 1114. U.S. Border Patrol activities.
Sec. 1115. Border security technology program management.
Sec. 1116. National Guard support to secure the southern border.
Sec. 1117. Prohibitions on actions that impede border security on
certain Federal land.
Sec. 1118. Landowner and rancher security enhancement.
Sec. 1119. Eradication of carrizo cane and salt cedar.
Sec. 1120. Southern border threat analysis.
Sec. 1121. Amendments to U.S. Customs and Border Protection.
Sec. 1122. Agent and officer technology use.
Sec. 1123. Integrated Border Enforcement Teams.
Sec. 1124. Tunnel Task Forces.
Sec. 1125. Pilot program on use of electromagnetic spectrum in support
of border security operations.
Sec. 1126. Foreign migration assistance.
Sec. 1127. Biometric Identification Transnational Migration Alert
Program.
Subtitle B--Personnel
Sec. 1131. Additional U.S. Customs and Border Protection agents and
officers.
Sec. 1132. U.S. Customs and Border Protection retention incentives.
Sec. 1133. Anti-Border Corruption Reauthorization Act.
Sec. 1134. Training for officers and agents of U.S. Customs and Border
Protection.
Subtitle C--Grants
Sec. 1141. Operation Stonegarden.
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
Sec. 2101. Ports of entry infrastructure.
Sec. 2102. Secure communications.
Sec. 2103. Border security deployment program.
Sec. 2104. Pilot and upgrade of license plate readers at ports of
entry.
Sec. 2105. Non-intrusive inspection operational demonstration.
Sec. 2106. Biometric exit data system.
Sec. 2107. Sense of Congress on cooperation between agencies.
Sec. 2108. Authorization of appropriations.
Sec. 2109. Definition.
TITLE III--VISA SECURITY AND INTEGRITY
Sec. 3101. Visa security.
Sec. 3102. Electronic passport screening and biometric matching.
Sec. 3103. Reporting of visa overstays.
Sec. 3104. Student and exchange visitor information system
verification.
Sec. 3105. Social media review of visa applicants.
Sec. 3106. Cancellation of additional visas.
Sec. 3107. Visa information sharing.
Sec. 3108. Restricting waiver of visa interviews.
Sec. 3109. Authorizing the Department of State to not interview certain
ineligible visa applicants.
Sec. 3110. Petition and application processing for visas and
immigration benefits.
Sec. 3111. Fraud prevention.
Sec. 3112. Visa ineligibility for spouses and children of drug
traffickers.
Sec. 3113. DNA testing.
Sec. 3114. Access to NCIC criminal history database for diplomatic
visas.
Sec. 3115. Elimination of signed photograph requirement for visa
applications.
Sec. 3116. Additional fraud detection and prevention.
TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER
PREVENTION AND ELIMINATION
Sec. 4101. Short title.
Sec. 4102. Illicit spotting.
Sec. 4103. Unlawfully hindering immigration, border, and customs
controls.
TITLE V--BORDER SECURITY FUNDING
Sec. 5101. Border Security Funding.
Sec. 5102. Limitation on adjustment of status.
Sec. 5103. Exclusion from PAYGO scorecards.
DIVISION B--IMMIGRATION REFORM
TITLE I--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS
Sec. 1101. Definitions.
Sec. 1102. Contingent nonimmigrant status eligibility and application.
Sec. 1103. Terms and conditions of conditional nonimmigrant status.
Sec. 1104. Adjustment of status.
Sec. 1105. Administrative and judicial review.
Sec. 1106. Penalties and signature requirements.
Sec. 1107. Rulemaking.
Sec. 1108. Statutory construction.
Sec. 1109. Addition of definition.
TITLE II--IMMIGRANT VISA ALLOCATIONS AND PRIORITIES
Sec. 2101. Elimination of diversity visa program.
Sec. 2102. Numerical limitation to any single foreign state.
Sec. 2103. Family-sponsored immigration priorities.
Sec. 2104. Allocation of immigrant visas for contingent nonimmigrants
and children of certain nonimmigrants.
Sec. 2105. Sunset of adjustment visas for conditional nonimmigrants and
children of certain nonimmigrants.
Sec. 2106. Implementation.
Sec. 2107. Repeal of suspension of deportation and adjustment of status
for certain aliens.
TITLE III--UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION
ENFORCEMENT
Sec. 3101. Repatriation of unaccompanied alien children.
Sec. 3102. Clarification of standards for family detention.
Sec. 3103. Detention of dangerous aliens.
Sec. 3104. Definition of aggravated felony.
Sec. 3105. Crime of violence.
Sec. 3106. Grounds of inadmissibility and deportability for alien gang
members.
Sec. 3107. Special immigrant juvenile status for immigrants unable to
reunite with either parent.
Sec. 3108. Clarification of authority regarding determinations of
convictions.
Sec. 3109. Adding attempt and conspiracy to commit terrorism-related
inadmissibility grounds acts to the
definition of engaging in terrorist
activity.
Sec. 3110. Clarifying the authority of ICE detainers.
Sec. 3111. Department of Homeland Security access to crime information
databases.
TITLE IV--ASYLUM REFORM
Sec. 4101. Credible fear interviews.
Sec. 4102. Jurisdiction of asylum applications.
Sec. 4103. Recording expedited removal and credible fear interviews.
Sec. 4104. Safe third country.
Sec. 4105. Renunciation of asylum status pursuant to return to home
country.
Sec. 4106. Notice concerning frivolous asylum applications.
Sec. 4107. Anti-fraud investigative work product.
Sec. 4108. Penalties for asylum fraud.
Sec. 4109. Statute of limitations for asylum fraud.
Sec. 4110. Technical amendments.
TITLE V--USCIS WAIVERS
Sec. 5101. Exemption from Administrative Procedure Act.
Sec. 5102. Exemption from Paperwork Reduction Act.
Sec. 5103. Sunset.
DIVISION A--BORDER ENFORCEMENT
SEC. 1100. SHORT TITLE.
This division may be cited as the ``Border Security for America Act
of 2018''.
TITLE I--BORDER SECURITY
SEC. 1101. DEFINITIONS.
In this title:
(1) Advanced unattended surveillance sensors.--The term
``advanced unattended surveillance sensors'' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) High traffic areas.--The term ``high traffic areas''
has the meaning given such term in section 102(e)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996, as amended by section 1111 of this division.
(4) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(7) Small unmanned aerial vehicle.--The term ``small
unmanned aerial vehicle'' has the meaning given the term
``small unmanned aircraft'' in section 331 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).
(8) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 6 U.S.C. 223(a)(7)).
(9) Unmanned aerial system.--The term ``unmanned aerial
system'' has the meaning given the term ``unmanned aircraft
system'' in section 331 of the FAA Modernization and Reform Act
of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).
(10) Unmanned aerial vehicle.--The term ``unmanned aerial
vehicle'' has the meaning given the term ``unmanned aircraft''
in section 331 of the FAA Modernization and Reform Act of 2012
(Public Law 112-95; 49 U.S.C. 40101 note).
Subtitle A--Infrastructure and Equipment
SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE
SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall take
such actions as may be necessary (including the removal of obstacles to
detection of illegal entrants) to design, test, construct, install,
deploy, integrate, and operate physical barriers, tactical
infrastructure, and technology in the vicinity of the United States
border to achieve situational awareness and operational control of the
border and deter, impede, and detect illegal activity in high traffic
areas.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Fencing and Road Improvements'' and inserting
``Physical Barriers'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``subsection (a)''
and inserting ``this section'';
(II) by striking ``roads, lighting,
cameras, and sensors'' and inserting
``tactical infrastructure, and
technology''; and
(III) by striking ``gain''
inserting ``achieve situational
awareness and''; and
(ii) by amending subparagraph (B) to read
as follows:
``(B) Physical barriers and tactical
infrastructure.--
``(i) In general.--Not later than September
30, 2023, the Secretary of Homeland Security,
in carrying out this section, shall deploy
along the United States border the most
practical and effective physical barriers and
tactical infrastructure available for achieving
situational awareness and operational control
of the border.
``(ii) Consideration for certain physical
barriers and tactical infrastructure.--The
deployment of physical barriers and tactical
infrastructure under this subparagraph shall
not apply in any area or region along the
border where natural terrain features, natural
barriers, or the remoteness of such area or
region would make any such deployment
ineffective, as determined by the Secretary,
for the purposes of achieving situational
awareness or operational control of such area
or region.'';
(iii) in subparagraph (C)--
(I) by amending clause (i) to read
as follows:
``(i) In general.--In carrying out this
section, the Secretary of Homeland Security
shall consult with the Secretary of the
Interior, the Secretary of Agriculture,
appropriate representatives of Federal, State,
local, and tribal governments, and appropriate
private property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life for the
communities and residents located near the
sites at which such physical barriers are to be
constructed.'';
(II) by redesignating clause (ii)
as clause (iii);
(III) by inserting after clause
(i), as amended, the following new
clause:
``(ii) Notification.--Not later than 60
days after the consultation required under
clause (i), the Secretary of Homeland Security
shall notify the Committee on Homeland Security
of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs of the Senate of the type of physical
barriers, tactical infrastructure, or
technology the Secretary has determined is most
practical and effective to achieve situational
awareness and operational control in a specific
area or region and the other alternatives the
Secretary considered before making such a
determination.''; and
(IV) in clause (iii), as so
redesignated--
(aa) in subclause (I), by
striking ``or'' after the
semicolon at the end;
(bb) by amending subclause
(II) to read as follows:
``(II) delay the transfer of the
possession of property to the United
States or affect the validity of any
property acquisition by purchase or
eminent domain, or to otherwise affect
the eminent domain laws of the United
States or of any State; or''; and
(cc) by adding at the end
the following new subclause:
``(III) create any right or
liability for any party.''; and
(iv) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and
inserting ``this section''; and
(iii) by striking ``construction of
fences'' and inserting ``the construction of
physical barriers'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, constructing,
and deploying physical barriers, tactical infrastructure, or
technology, shall incorporate such safety features into such
design, construction, or deployment of such physical barriers,
tactical infrastructure, or technology, as the case may be,
that the Secretary determines, in the Secretary's sole
discretion, are necessary to maximize the safety and
effectiveness of officers or agents of the Department of
Homeland Security or of any other Federal agency deployed in
the vicinity of such physical barriers, tactical
infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this
subsection'' and inserting ``this section'';
(3) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements the Secretary, in the
Secretary's sole discretion, determines necessary to ensure the
expeditious design, testing, construction, installation,
deployment, integration, and operation of the physical
barriers, tactical infrastructure, and technology under this
section. Such waiver authority shall also apply with respect to
any maintenance carried out on such physical barriers, tactical
infrastructure, or technology. Any such decision by the
Secretary shall be effective upon publication in the Federal
Register.''; and
(4) by adding after subsection (d) the following new
subsections:
``(e) Technology.--Not later than September 30, 2023, the Secretary
of Homeland Security, in carrying out this section, shall deploy along
the United States border the most practical and effective technology
available for achieving situational awareness and operational control
of the border.
``(f) Limitation on Requirements.--Nothing in this section may be
construed as requiring the Secretary of Homeland Security to install
tactical infrastructure, technology, and physical barriers in a
particular location along an international border of the United States,
if the Secretary determines that the use or placement of such resources
is not the most appropriate means to achieve and maintain situational
awareness and operational control over the international border at such
location.
``(g) Definitions.--In this section:
``(1) High traffic areas.--The term `high traffic areas'
means areas in the vicinity of the United States border that--
``(A) are within the responsibility of U.S. Customs
and Border Protection; and
``(B) have significant unlawful cross-border
activity, as determined by the Secretary of Homeland
Security.
``(2) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
``(3) Physical barriers.--The term `physical barriers'
includes reinforced fencing, border wall system, and levee
walls.
``(4) Situational awareness.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (6 U.S.C. 223(a)(7); Public Law 114-328).
``(5) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates, checkpoints,
lighting, and roads.
``(6) Technology.--The term `technology' includes border
surveillance and detection technology, including the following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground
surveillance equipment.
``(C) Vehicle and Dismount Exploitation Radars
(VADER).
``(D) 3-dimensional, seismic acoustic detection and
ranging border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable
surveillance capabilities.
``(G) Unmanned aerial vehicles.
``(H) Other border detection, communication, and
surveillance technology.
``(7) Unmanned aerial vehicles.--The term `unmanned aerial
vehicle' has the meaning given the term `unmanned aircraft' in
section 331 of the FAA Modernization and Reform Act of 2012
(Public Law 112-95; 49 U.S.C. 40101 note).''.
SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Increased Flight Hours.--The Secretary shall ensure that not
fewer than 95,000 annual flight hours are carried out by Air and Marine
Operations of U.S. Customs and Border Protection.
(b) Unmanned Aerial System.--The Secretary, after coordination with
the Administrator of the Federal Aviation Administration, shall ensure
that Air and Marine Operations operate unmanned aerial systems on the
southern border of the United States for not less than 24 hours per day
for five days per week.
(c) Contract Air Support Authorization.--The Commissioner shall
contract for the unfulfilled identified air support mission critical
hours, as identified by the Chief of the U.S. Border Patrol.
(d) Primary Mission.--The Commissioner shall ensure that--
(1) the primary missions for Air and Marine Operations are
to directly support U.S. Border Patrol activities along the
southern border of the United States and Joint Interagency Task
Force South operations in the transit zone; and
(2) the Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
established by the Commissioner to carry out the requirements
under this Act.
(e) High-demand Flight Hour Requirements.--In accordance with
subsection (d), the Commissioner shall ensure that U.S. Border Patrol
Sector Chiefs--
(1) identify critical flight hour requirements; and
(2) direct Air and Marine Operations to support requests
from Sector Chiefs as their primary mission.
(f) Small Unmanned Aerial Vehicles.--
(1) In general.--The Chief of the U.S. Border Patrol shall
be the executive agent for U.S. Customs and Border Protection's
use of small unmanned aerial vehicles for the purpose of
meeting the U.S. Border Patrol's unmet flight hour operational
requirements and to achieve situational awareness and
operational control.
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall--
(A) coordinate flight operations with the
Administrator of the Federal Aviation Administration to
ensure the safe and efficient operation of the National
Airspace System; and
(B) coordinate with the Executive Assistant
Commissioner for Air and Marine Operations of U.S.
Customs and Border Protection to ensure the safety of
other U.S. Customs and Border Protection aircraft
flying in the vicinity of small unmanned aerial
vehicles operated by the U.S. Border Patrol.
(3) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) carry out the small unmanned aerial vehicle
requirements pursuant to subsection (f) of section 1112
of the Border Security for America Act of 2018; and''.
(g) Saving Clause.--Nothing in this section shall confer, transfer,
or delegate to the Secretary, the Commissioner, the Executive Assistant
Commissioner for Air and Marine Operations of U.S. Customs and Border
Protection, or the Chief of the U.S. Border Patrol any authority of the
Secretary of Transportation or the Administrator of the Federal
Aviation Administration relating to the use of airspace or aviation
safety.
SEC. 1113. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND TRANSIT ZONE.
(a) In General.--Not later than September 30, 2023, the Secretary,
in implementing section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (as amended by section 1111 of
this division), and acting through the appropriate component of the
Department of Homeland Security, shall deploy to each sector or region
of the southern border and the northern border, in a prioritized manner
to achieve situational awareness and operational control of such
borders, the following additional capabilities:
(1) San diego sector.--For the San Diego sector, the
following:
(A) Tower-based surveillance technology.
(B) Subterranean surveillance and detection
technologies.
(C) To increase coastal maritime domain awareness,
the following:
(i) Deployable, lighter-than-air surface
surveillance equipment.
(ii) Unmanned aerial vehicles with maritime
surveillance capability.
(iii) U.S. Customs and Border Protection
maritime patrol aircraft.
(iv) Coastal radar surveillance systems.
(v) Maritime signals intelligence
capabilities.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(2) El centro sector.--For the El Centro sector, the
following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Man-portable unmanned aerial vehicles.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(3) Yuma sector.--For the Yuma sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(E) A rapid reaction capability supported by
aviation assets.
(F) Mobile vehicle-mounted and man-portable
surveillance systems.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(4) Tucson sector.--For the Tucson sector, the following:
(A) Tower-based surveillance technology.
(B) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(C) Deployable, lighter-than-air ground
surveillance equipment.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(5) El paso sector.--For the El Paso sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(E) Mobile vehicle-mounted and man-portable
surveillance systems.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(6) Big bend sector.--For the Big Bend sector, the
following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Improved agent communications capabilities.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(7) Del rio sector.--For the Del Rio sector, the following:
(A) Tower-based surveillance technology.
(B) Increased monitoring for cross-river dams,
culverts, and footpaths.
(C) Improved agent communications capabilities.
(D) Improved maritime capabilities in the Amistad
National Recreation Area.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(8) Laredo sector.--For the Laredo sector, the following:
(A) Tower-based surveillance technology.
(B) Maritime detection resources for the Falcon
Lake region.
(C) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(D) Increased monitoring for cross-river dams,
culverts, and footpaths.
(E) Ultralight aircraft detection capability.
(F) Advanced unattended surveillance sensors.
(G) A rapid reaction capability supported by
aviation assets.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(9) Rio grande valley sector.--For the Rio Grande Valley
sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(D) Ultralight aircraft detection capability.
(E) Advanced unattended surveillance sensors.
(F) Increased monitoring for cross-river dams,
culverts, footpaths.
(G) A rapid reaction capability supported by
aviation assets.
(H) Increased maritime interdiction capabilities.
(I) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(J) Man-portable unmanned aerial vehicles.
(K) Improved agent communications capabilities.
(10) Blaine sector.--For the Blaine sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(11) Spokane sector.--For the Spokane sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Increased maritime interdiction capabilities.
(C) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(D) Advanced unattended surveillance sensors.
(E) Ultralight aircraft detection capabilities.
(F) Completion of six miles of the Bog Creek road.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(12) Havre sector.--For the Havre sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(13) Grand forks sector.--For the Grand Forks sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(14) Detroit sector.--For the Detroit sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(15) Buffalo sector.--For the Buffalo sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(16) Swanton sector.--For the Swanton sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(17) Houlton sector.--For the Houlton sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(18) Transit zone.--For the transit zone, the following:
(A) Not later than two years after the date of the
enactment of this Act, an increase in the number of
overall cutter, boat, and aircraft hours spent
conducting interdiction operations over the average
number of such hours during the preceding three fiscal
years.
(B) Increased maritime signals intelligence
capabilities.
(C) To increase maritime domain awareness, the
following:
(i) Unmanned aerial vehicles with maritime
surveillance capability.
(ii) Increased maritime aviation patrol
hours.
(D) Increased operational hours for maritime
security components dedicated to joint counter-
smuggling and interdiction efforts with other Federal
agencies, including the Deployable Specialized Forces
of the Coast Guard.
(E) Coastal radar surveillance systems with long
range day and night cameras capable of providing full
maritime domain awareness of the United States
territorial waters surrounding Puerto Rico, Mona
Island, Desecheo Island, Vieques Island, Culebra
Island, Saint Thomas, Saint John, and Saint Croix.
(b) Tactical Flexibility.--
(1) Southern and northern land borders.--
(A) In general.--Beginning on September 30, 2022,
or after the Secretary has deployed at least 25 percent
of the capabilities required in each sector specified
in subsection (a), whichever comes later, the Secretary
may deviate from such capability deployments if the
Secretary determines that such deviation is required to
achieve situational awareness or operational control.
(B) Notification.--If the Secretary exercises the
authority described in subparagraph (A), the Secretary
shall, not later than 90 days after such exercise,
notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives
regarding the deviation under such subparagraph that is
the subject of such exercise. If the Secretary makes
any changes to such deviation, the Secretary shall, not
later than 90 days after any such change, notify such
committees regarding such change.
(2) Transit zone.--
(A) Notification.--The Secretary shall notify the
Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland
Security of the House of Representatives, and the
Committee on Transportation and Infrastructure of the
House of Representatives regarding the capability
deployments for the transit zone specified in paragraph
(18) of subsection (a), including information relating
to--
(i) the number and types of assets and
personnel deployed; and
(ii) the impact such deployments have on
the capability of the Coast Guard to conduct
its mission in the transit zone referred to in
paragraph (18) of subsection (a).
(B) Alteration.--The Secretary may alter the
capability deployments referred to in this section if
the Secretary--
(i) determines, after consultation with the
committees referred to in subparagraph (A),
that such alteration is necessary; and
(ii) not later than 30 days after making a
determination under clause (i), notifies the
committees referred to in such subparagraph
regarding such alteration, including
information relating to--
(I) the number and types of assets
and personnel deployed pursuant to such
alteration; and
(II) the impact such alteration has
on the capability of the Coast Guard to
conduct its mission in the transit zone
referred to in paragraph (18) of
subsection (a).
(c) Exigent Circumstances.--
(1) In general.--Notwithstanding subsection (b), the
Secretary may deploy the capabilities referred to in subsection
(a) in a manner that is inconsistent with the requirements
specified in such subsection if, after the Secretary has
deployed at least 25 percent of such capabilities, the
Secretary determines that exigent circumstances demand such an
inconsistent deployment or that such an inconsistent deployment
is vital to the national security interests of the United
States.
(2) Notification.--The Secretary shall notify the Committee
on Homeland Security of the House of Representative and the
Committee on Homeland Security and Governmental Affairs of the
Senate not later than 30 days after making a determination
under paragraph (1). Such notification shall include a detailed
justification regarding such determination.
(d) Integration.--In carrying out subsection (a), the Secretary
shall, to the greatest extent practicable, integrate, within each
sector or region of the southern border and northern border, as the
case may be, the deployed capabilities specified in such subsection as
necessary to achieve situational awareness and operational control of
such borders.
SEC. 1114. U.S. BORDER PATROL ACTIVITIES.
The Chief of the U.S. Border Patrol shall prioritize the deployment
of U.S. Border Patrol agents to as close to the physical land border as
possible, consistent with border security enforcement priorities and
accessibility to such areas.
SEC. 1115. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 435. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Major Acquisition Program Defined.--In this section, the term
`major acquisition program' means an acquisition program of the
Department that is estimated by the Secretary to require an eventual
total expenditure of at least $300,000,000 (based on fiscal year 2018
constant dollars) over its life cycle cost.
``(b) Planning Documentation.--For each border security technology
acquisition program of the Department that is determined to be a major
acquisition program, the Secretary shall--
``(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
``(2) document that each such program is meeting cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(3) have a plan for meeting program implementation
objectives by managing contractor performance.
``(c) Adherence to Standards.--The Secretary, acting through the
Under Secretary for Management and the Commissioner of U.S. Customs and
Border Protection, shall ensure border security technology acquisition
program managers who are responsible for carrying out this section
adhere to relevant internal control standards identified by the
Comptroller General of the United States. The Commissioner shall
provide information, as needed, to assist the Under Secretary in
monitoring management of border security technology acquisition
programs under this section.
``(d) Plan.--The Secretary, acting through the Under Secretary for
Management, in coordination with the Under Secretary for Science and
Technology and the Commissioner of U.S. Customs and Border Protection,
shall submit to the appropriate congressional committees a plan for
testing, evaluating, and using independent verification and validation
resources for border security technology. Under the plan, new border
security technologies shall be evaluated through a series of
assessments, processes, and audits to ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 433 the following new item:
``Sec. 435. Border security technology program management.''.
(c) Prohibition on Additional Authorization of Appropriations.--No
additional funds are authorized to be appropriated to carry out section
435 of the Homeland Security Act of 2002, as added by subsection (a).
Such section shall be carried out using amounts otherwise authorized
for such purposes.
SEC. 1116. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER.
(a) National Guard Support.--
(1) Authority to request.--The Secretary may, pursuant to
chapter 15 of title 10, United States Code, request that the
Secretary of Defense support the Secretary's efforts to secure
the southern border of the United States. The Secretary of
Defense may authorize the provision of such support under
section 502(f) of title 32, United States Code.
(2) Approval and order.--With the approval of the Secretary
and the Secretary of Defense, the Governor of a State may order
any units or personnel of the National Guard of such State to
perform operations and missions under section 502(f) of title
32, United States Code, for the purpose of securing the
southern border of the United States.
(b) Types of Support Authorized.--The support provided in
accordance with subsection (a) may include--
(1) construction of reinforced fencing or other physical
barriers;
(2) operation of ground-based surveillance systems;
(3) deployment of manned aircraft, unmanned aerial
surveillance systems, and ground-based surveillance systems to
support continuous surveillance of the southern border; and
(4) intelligence analysis support.
(c) Materiel and Logistical Support.--The Secretary of Defense may
deploy such materiel, equipment, and logistics support as may be
necessary to ensure the effectiveness of the assistance provided under
subsection (a).
(d) Readiness.--To ensure that the use of units and personnel of
the National Guard of a State authorized pursuant to this section does
not degrade the training and readiness of such units and personnel, the
Secretary of Defense shall consider the following requirements when
authorizing or approving support under subsection (a):
(1) The performance of such support may not affect
adversely the quality of such training or readiness or
otherwise interfere with the ability of a unit or personnel of
the National Guard of a State to perform the military functions
of such member or unit.
(2) The performance of such support may not degrade the
military skills of the units or personnel of the National Guard
of a State performing such support.
(e) Report on Readiness.--Upon the request of the Secretary, the
Secretary of Defense shall provide to the Secretary a report on the
readiness of units and personnel of the National Guard that the
Secretary of Defense determines are capable of providing such support.
(f) Reimbursement Notification.--Prior to providing any support
under subsection (a), the Secretary of Defense shall notify the
Secretary whether the requested support will be reimbursed under
section 277 of title 10, United States Code.
(g) Reimbursement to States.--The Secretary of Defense may
reimburse a State for costs incurred in the deployment of any units or
personnel of the National Guard pursuant to subsection (a).
(h) Relationship to Other Laws.--Nothing in this section may be
construed as affecting the authorities under chapter 9 of title 32,
United States Code.
(i) Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and biannually thereafter through
December 31, 2021, the Secretary of Defense shall submit to the
appropriate congressional defense committees (as defined in
section 101(a)(16) of title 10, United States Code) a report
regarding any support provided pursuant to subsection (a) for
the six month period preceding each such report.
(2) Elements.--Each report under paragraph (1) shall
include a description of--
(A) the support provided; and
(B) the sources and amounts of funds obligated and
expended to provide such support.
SEC. 1117. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER SECURITY ON
CERTAIN FEDERAL LAND.
(a) Prohibition on Interference With U.S. Customs and Border
Protection.--
(1) In general.--The Secretary concerned may not impede,
prohibit, or restrict activities of U.S. Customs and Border
Protection on covered Federal land to carry out the activities
described in subsection (b).
(2) Applicability.--The authority of U.S. Customs and
Border Protection to conduct activities described in subsection
(b) on covered Federal land applies without regard to whether a
state of emergency exists.
(b) Authorized Activities of U.S. Customs and Border Protection.--
(1) In general.--U.S. Customs and Border Protection shall
have immediate access to covered Federal land to conduct the
activities described in paragraph (2) on such land to prevent
all unlawful entries into the United States, including entries
by terrorists, unlawful aliens, instruments of terrorism,
narcotics, and other contraband through the southern border or
the northern border.
(2) Activities described.--The activities described in this
paragraph are--
(A) carrying out section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (Division C of Public Law 104-208; 8 U.S.C. 1103
note), as amended by section 1111 of this division;
(B) the execution of search and rescue operations;
(C) the use of motorized vehicles, foot patrols,
and horseback to patrol the border area, apprehend
illegal entrants, and rescue individuals; and
(D) the remediation of tunnels used to facilitate
unlawful immigration or other illicit activities.
(c) Clarification Relating to Waiver Authority.--
(1) In general.--The activities of U.S. Customs and Border
Protection described in subsection (b)(2) may be carried out
without regard to the provisions of law specified in paragraph
(2).
(2) Provisions of law specified.--The provisions of law
specified in this section are all Federal, State, or other
laws, regulations, and legal requirements of, deriving from, or
related to the subject of, the following laws:
(A) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(B) The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(C) The Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
``Clean Water Act'').
(D) Division A of subtitle III of title 54, United
States Code (54 U.S.C. 300301 et seq.) (formerly known
as the ``National Historic Preservation Act'').
(E) The Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.).
(F) The Clean Air Act (42 U.S.C. 7401 et seq.).
(G) The Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.).
(H) The Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
(I) The Noise Control Act of 1972 (42 U.S.C. 4901
et seq.).
(J) The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(K) The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(L) Chapter 3125 of title 54, United States Code
(formerly known as the ``Archaeological and Historic
Preservation Act'').
(M) The Antiquities Act (16 U.S.C. 431 et seq.).
(N) Chapter 3203 of title 54, United States Code
(formerly known as the ``Historic Sites, Buildings, and
Antiquities Act'').
(O) The Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.).
(P) The Farmland Protection Policy Act (7 U.S.C.
4201 et seq.).
(Q) The Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.).
(R) The Wilderness Act (16 U.S.C. 1131 et seq.).
(S) The Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(T) The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).
(U) The Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.).
(V) The Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.).
(W) Subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
(X) The Otay Mountain Wilderness Act of 1999
(Public Law 106-145).
(Y) Sections 102(29) and 103 of the California
Desert Protection Act of 1994 (Public Law 103-433).
(Z) Division A of subtitle I of title 54, United
States Code (formerly known as the ``National Park
Service Organic Act''.
(AA) The National Park Service General Authorities
Act (Public Law 91-383, 16 U.S.C. 1a-1 et seq.).
(BB) Sections 401(7), 403, and 404 of the National
Parks and Recreation Act of 1978 (Public Law 95-625).
(CC) Sections 301(a) through (f) of the Arizona
Desert Wilderness Act (Public Law 101-628).
(DD) The Rivers and Harbors Act of 1899 (33 U.S.C.
403).
(EE) The Eagle Protection Act (16 U.S.C. 668 et
seq.).
(FF) The Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.).
(GG) The American Indian Religious Freedom Act (42
U.S.C. 1996).
(HH) The National Forest Management Act of 1976 (16
U.S.C. 1600 et seq.).
(II) The Multiple Use and Sustained Yield Act of
1960 (16 U.S.C. 528 et seq.).
(3) Applicability of waiver to successor laws.--If a
provision of law specified in paragraph (2) was repealed and
incorporated into title 54, United States Code, after April 1,
2008, and before the date of the enactment of this Act, the
waiver described in paragraph (1) shall apply to the provision
of such title that corresponds to the provision of law
specified in paragraph (2) to the same extent the waiver
applied to that provision of law.
(4) Savings clause.--The waiver authority under this
subsection may not be construed as affecting, negating, or
diminishing in any manner the applicability of section 552 of
title 5, United States Code (commonly referred to as the
``Freedom of Information Act''), in any relevant matter.
(d) Protection of Legal Uses.--This section may not be construed to
provide--
(1) authority to restrict legal uses, such as grazing,
hunting, mining, or recreation or the use of backcountry
airstrips, on land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to
such land.
(e) Effect on State and Private Land.--This section shall--
(1) have no force or effect on State lands or private
lands; and
(2) not provide authority on or access to State lands or
private lands.
(f) Tribal Sovereignty.--Nothing in this section may be construed
to supersede, replace, negate, or diminish treaties or other agreements
between the United States and Indian tribes.
(g) Memoranda of Understanding.--The requirements of this section
shall not apply to the extent that such requirements are incompatible
with any memorandum of understanding or similar agreement entered into
between the Commissioner and a National Park Unit before the date of
the enactment of this Act.
(h) Definitions.--In this section:
(1) Covered federal land.--The term ``covered Federal
land'' includes all land under the control of the Secretary
concerned that is located within 100 miles of the southern
border or the northern border.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of
the Department of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Department of the Interior, the Secretary of the
Interior.
SEC. 1118. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.
(a) Establishment of National Border Security Advisory Committee.--
The Secretary shall establish a National Border Security Advisory
Committee, which--
(1) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to border
security matters, including--
(A) verifying security claims and the border
security metrics established by the Department of
Homeland Security under section 1092 of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 6 U.S.C. 223); and
(B) discussing ways to improve the security of high
traffic areas along the northern border and the
southern border; and
(2) may provide, through the Secretary, recommendations to
Congress.
(b) Consideration of Views.--The Secretary shall consider the
information, advice, and recommendations of the National Border
Security Advisory Committee in formulating policy regarding matters
affecting border security.
(c) Membership.--The National Border Security Advisory Committee
shall consist of at least one member from each State who--
(1) has at least five years practical experience in border
security operations; or
(2) lives and works in the United States within 80 miles
from the southern border or the northern border.
(d) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
National Border Security Advisory Committee.
SEC. 1119. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
(a) In General.--Not later than September 30, 2023, the Secretary,
after coordinating with the heads of the relevant Federal, State, and
local agencies, shall begin eradicating the carrizo cane plant and any
salt cedar along the Rio Grande River that impedes border security
operations.
(b) Extent.--The waiver authority under subsection (c) of section
102 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1103 note), as amended by section 1111 of this
division, shall extend to activities carried out pursuant to this
section.
SEC. 1120. SOUTHERN BORDER THREAT ANALYSIS.
(a) Threat Analysis.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a Southern border threat analysis.
(2) Contents.--The analysis submitted under paragraph (1)
shall include an assessment of--
(A) current and potential terrorism and criminal
threats posed by individuals and organized groups
seeking--
(i) to unlawfully enter the United States
through the Southern border; or
(ii) to exploit security vulnerabilities
along the Southern border;
(B) improvements needed at and between ports of
entry along the Southern border to prevent terrorists
and instruments of terror from entering the United
States;
(C) gaps in law, policy, and coordination between
State, local, or tribal law enforcement, international
agreements, or tribal agreements that hinder effective
and efficient border security, counterterrorism, and
anti-human smuggling and trafficking efforts;
(D) the current percentage of situational awareness
achieved by the Department along the Southern border;
(E) the current percentage of operational control
achieved by the Department on the Southern border; and
(F) traveler crossing times and any potential
security vulnerability associated with prolonged wait
times.
(3) Analysis requirements.--In compiling the Southern
border threat analysis required under this subsection, the
Secretary shall consider and examine--
(A) the technology needs and challenges, including
such needs and challenges identified as a result of
previous investments that have not fully realized the
security and operational benefits that were sought;
(B) the personnel needs and challenges, including
such needs and challenges associated with recruitment
and hiring;
(C) the infrastructure needs and challenges;
(D) the roles and authorities of State, local, and
tribal law enforcement in general border security
activities;
(E) the status of coordination among Federal,
State, local, tribal, and Mexican law enforcement
entities relating to border security;
(F) the terrain, population density, and climate
along the Southern border; and
(G) the international agreements between the United
States and Mexico related to border security.
(4) Classified form.--To the extent possible, the Secretary
shall submit the Southern border threat analysis required under
this subsection in unclassified form, but may submit a portion
of the threat analysis in classified form if the Secretary
determines such action is appropriate.
(b) U.S. Border Patrol Strategic Plan.--
(1) In general.--Not later than 180 days after the
submission of the threat analysis required under subsection (a)
or June 30, 2019, and every five years thereafter, the
Secretary, acting through the Chief of the U.S. Border Patrol,
shall issue a Border Patrol Strategic Plan.
(2) Contents.--The Border Patrol Strategic Plan required
under this subsection shall include a consideration of--
(A) the Southern border threat analysis required
under subsection (a), with an emphasis on efforts to
mitigate threats identified in such threat analysis;
(B) efforts to analyze and disseminate border
security and border threat information between border
security components of the Department and other
appropriate Federal departments and agencies with
missions associated with the Southern border;
(C) efforts to increase situational awareness,
including--
(i) surveillance capabilities, including
capabilities developed or utilized by the
Department of Defense, and any appropriate
technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and
unmanned aerial systems, including camera and
sensor technology deployed on such assets;
(D) efforts to detect and prevent terrorists and
instruments of terrorism from entering the United
States;
(E) efforts to detect, interdict, and disrupt
aliens and illicit drugs at the earliest possible
point;
(F) efforts to focus intelligence collection to
disrupt transnational criminal organizations outside of
the international and maritime borders of the United
States;
(G) efforts to ensure that any new border security
technology can be operationally integrated with
existing technologies in use by the Department;
(H) any technology required to maintain, support,
and enhance security and facilitate trade at ports of
entry, including nonintrusive detection equipment,
radiation detection equipment, biometric technology,
surveillance systems, and other sensors and technology
that the Secretary determines to be necessary;
(I) operational coordination unity of effort
initiatives of the border security components of the
Department, including any relevant task forces of the
Department;
(J) lessons learned from Operation Jumpstart and
Operation Phalanx;
(K) cooperative agreements and information sharing
with State, local, tribal, territorial, and other
Federal law enforcement agencies that have jurisdiction
on the Northern border or the Southern border;
(L) border security information received from
consultation with State, local, tribal, territorial,
and Federal law enforcement agencies that have
jurisdiction on the Northern border or the Southern
border, or in the maritime environment, and from border
community stakeholders (including through public
meetings with such stakeholders), including
representatives from border agricultural and ranching
organizations and representatives from business and
civic organizations along the Northern border or the
Southern border;
(M) staffing requirements for all departmental
border security functions;
(N) a prioritized list of departmental research and
development objectives to enhance the security of the
Southern border;
(O) an assessment of training programs, including
training programs for--
(i) identifying and detecting fraudulent
documents;
(ii) understanding the scope of enforcement
authorities and the use of force policies; and
(iii) screening, identifying, and
addressing vulnerable populations, such as
children and victims of human trafficking; and
(P) an assessment of how border security operations
affect border crossing times.
SEC. 1121. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION.
(a) Duties.--Subsection (c) of section 411 of the Homeland Security
Act of 2002 (6 U.S.C. 211) is amended--
(1) in paragraph (18), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (19) as paragraph (21); and
(3) by inserting after paragraph (18) the following new
paragraphs:
``(19) administer the U.S. Customs and Border Protection
public private partnerships under subtitle G;
``(20) administer preclearance operations under the
Preclearance Authorization Act of 2015 (19 U.S.C. 4431 et seq.;
enacted as subtitle B of title VIII of the Trade Facilitation
and Trade Enforcement Act of 2015; 19 U.S.C. 4301 et seq.);
and''.
(b) Office of Field Operations Staffing.--Subparagraph (A) of
section 411(g)(5) of the Homeland Security Act of 2002 (6 U.S.C.
211(g)(5)) is amended by inserting before the period at the end the
following: ``compared to the number indicated by the current fiscal
year work flow staffing model''.
(c) Implementation Plan.--Subparagraph (B) of section 814(e)(1) of
the Preclearance Authorization Act of 2015 (19 U.S.C. 4433(e)(1);
enacted as subtitle B of title VIII of the Trade Facilitation and Trade
Enforcement Act of 2015; 19 U.S.C. 4301 et seq.) is amended to read as
follows:
``(B) a port of entry vacancy rate which compares
the number of officers identified in subparagraph (A)
with the number of officers at the port at which such
officer is currently assigned.''.
(d) Definition.--Subsection (r) of section 411 of the Homeland
Security Act of 2002 (6 U.S.C. 211) is amended--
(1) by striking ``this section, the terms'' and inserting
the following: ``this section:
``(1) the terms'';
(2) in paragraph (1), as added by subparagraph (A), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(2) the term `unmanned aerial systems' has the meaning
given the term `unmanned aircraft system' in section 331 of the
FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).''.
SEC. 1122. AGENT AND OFFICER TECHNOLOGY USE.
In carrying out section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (as amended by section 1111 of
this division) and section 1113 of this division, the Secretary shall,
to the greatest extent practicable, ensure that technology deployed to
gain situational awareness and operational control of the border be
provided to front-line officers and agents of the Department of
Homeland Security.
SEC. 1123. INTEGRATED BORDER ENFORCEMENT TEAMS.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 1115 of this
division, is further amended by adding at the end the following new
section:
``SEC. 436. INTEGRATED BORDER ENFORCEMENT TEAMS.
``(a) Establishment.--The Secretary shall establish within the
Department a program to be known as the Integrated Border Enforcement
Team program (referred to in this section as `IBET').
``(b) Purpose.--The Secretary shall administer the IBET program in
a manner that results in a cooperative approach between the United
States and Canada to--
``(1) strengthen security between designated ports of
entry;
``(2) detect, prevent, investigate, and respond to
terrorism and violations of law related to border security;
``(3) facilitate collaboration among components and offices
within the Department and international partners;
``(4) execute coordinated activities in furtherance of
border security and homeland security; and
``(5) enhance information-sharing, including the
dissemination of homeland security information among such
components and offices.
``(c) Composition and Location of Ibets.--
``(1) Composition.--IBETs shall be led by the United States
Border Patrol and may be comprised of personnel from the
following:
``(A) Other subcomponents of U.S. Customs and
Border Protection.
``(B) U.S. Immigration and Customs Enforcement, led
by Homeland Security Investigations.
``(C) The Coast Guard, for the purpose of securing
the maritime borders of the United States.
``(D) Other Department personnel, as appropriate.
``(E) Other Federal departments and agencies, as
appropriate.
``(F) Appropriate State law enforcement agencies.
``(G) Foreign law enforcement partners.
``(H) Local law enforcement agencies from affected
border cities and communities.
``(I) Appropriate tribal law enforcement agencies.
``(2) Location.--The Secretary is authorized to establish
IBETs in regions in which such teams can contribute to IBET
missions, as appropriate. When establishing an IBET, the
Secretary shall consider the following:
``(A) Whether the region in which the IBET would be
established is significantly impacted by cross-border
threats.
``(B) The availability of Federal, State, local,
tribal, and foreign law enforcement resources to
participate in an IBET.
``(C) Whether, in accordance with paragraph (3),
other joint cross-border initiatives already take place
within the region in which the IBET would be
established, including other Department cross-border
programs such as the Integrated Cross-Border Maritime
Law Enforcement Operation Program established under
section 711 of the Coast Guard and Maritime
Transportation Act of 2012 (46 U.S.C. 70101 note) or
the Border Enforcement Security Task Force established
under section 432.
``(3) Duplication of efforts.--In determining whether to
establish a new IBET or to expand an existing IBET in a given
region, the Secretary shall ensure that the IBET under
consideration does not duplicate the efforts of other existing
interagency task forces or centers within such region,
including the Integrated Cross-Border Maritime Law Enforcement
Operation Program established under section 711 of the Coast
Guard and Maritime Transportation Act of 2012 (46 U.S.C. 70101
note) or the Border Enforcement Security Task Force established
under section 432.
``(d) Operation.--
``(1) In general.--After determining the regions in which
to establish IBETs, the Secretary may--
``(A) direct the assignment of Federal personnel to
such IBETs; and
``(B) take other actions to assist Federal, State,
local, and tribal entities to participate in such
IBETs, including providing financial assistance, as
appropriate, for operational, administrative, and
technological costs associated with such participation.
``(2) Limitation.--Coast Guard personnel assigned under
paragraph (1) may be assigned only for the purposes of securing
the maritime borders of the United States, in accordance with
subsection (c)(1)(C).
``(e) Coordination.--The Secretary shall coordinate the IBET
program with other similar border security and antiterrorism programs
within the Department in accordance with the strategic objectives of
the Cross-Border Law Enforcement Advisory Committee.
``(f) Memoranda of Understanding.--The Secretary may enter into
memoranda of understanding with appropriate representatives of the
entities specified in subsection (c)(1) necessary to carry out the IBET
program. Such memoranda with entities specified in subparagraph (G) of
such subsection shall be entered into with the concurrence of the
Secretary of State.
``(g) Report.--Not later than 180 days after the date on which an
IBET is established and biannually thereafter for the following six
years, the Secretary shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate, and in the case of Coast Guard
personnel used to secure the maritime borders of the United States,
additionally to the Committee on Transportation and Infrastructure of
the House of Representatives, a report that--
``(1) describes the effectiveness of IBETs in fulfilling
the purposes specified in subsection (b);
``(2) assess the impact of certain challenges on the
sustainment of cross-border IBET operations, including
challenges faced by international partners;
``(3) addresses ways to support joint training for IBET
stakeholder agencies and radio interoperability to allow for
secure cross-border radio communications; and
``(4) assesses how IBETs, Border Enforcement Security Task
Forces, and the Integrated Cross-Border Maritime Law
Enforcement Operation Program can better align operations,
including interdiction and investigation activities.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the item
relating to section 435 the following new item:
``Sec. 436. Integrated Border Enforcement Teams.''.
SEC. 1124. TUNNEL TASK FORCES.
The Secretary is authorized to establish Tunnel Task Forces for the
purposes of detecting and remediating tunnels that breach the
international border of the United States.
SEC. 1125. PILOT PROGRAM ON USE OF ELECTROMAGNETIC SPECTRUM IN SUPPORT
OF BORDER SECURITY OPERATIONS.
(a) In General.--The Commissioner, in consultation with the
Assistant Secretary of Commerce for Communications and Information,
shall conduct a pilot program to test and evaluate the use of
electromagnetic spectrum by U.S. Customs and Border Protection in
support of border security operations through--
(1) ongoing management and monitoring of spectrum to
identify threats such as unauthorized spectrum use, and the
jamming and hacking of United States communications assets, by
persons engaged in criminal enterprises;
(2) automated spectrum management to enable greater
efficiency and speed for U.S. Customs and Border Protection in
addressing emerging challenges in overall spectrum use on the
United States border; and
(3) coordinated use of spectrum resources to better
facilitate interoperability and interagency cooperation and
interdiction efforts at or near the United States border.
(b) Report to Congress.--Not later than 180 days after the
conclusion of the pilot program conducted under subsection (a), the
Commissioner shall submit to the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the findings and data derived from such program.
SEC. 1126. FOREIGN MIGRATION ASSISTANCE.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by sections 1115 and
1123 of this division, is further amended by adding at the end the
following new section:
``SEC. 437. FOREIGN MIGRATION ASSISTANCE.
``(a) In General.--The Secretary, with the concurrence of the
Secretary of State, may provide to a foreign government financial
assistance for foreign country operations to address migration flows
that may affect the United States.
``(b) Determination.--Assistance provided under subsection (a) may
be provided only if such assistance would enhance the recipient
government's capacity to address irregular migration flows that may
affect the United States, including through related detention or
removal operations by the recipient government, including procedures to
screen and provide protection for certain individuals.
``(c) Reimbursement of Expenses.--The Secretary may, if
appropriate, seek reimbursement from the receiving foreign government
for the provision of financial assistance under this section.
``(d) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, United States Code, any reimbursement
collected pursuant to subsection (c) shall--
``(1) be credited as offsetting collections to the account
that finances the financial assistance under this section for
which such reimbursement is received; and
``(2) remain available until expended for the purpose of
carrying out this section.
``(e) Effective Period.--The authority provided under this section
shall remain in effect until September 30, 2023.
``(f) Development and Program Execution.--The Secretary and the
Secretary of State shall jointly develop and implement any financial
assistance under this section.
``(g) Rule of Construction.--Nothing in this section may be
construed as affecting, augmenting, or diminishing the authority of the
Secretary of State.
``(h) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $50,000,000 for fiscal years 2019 through
2023 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 436 the following new item:
``Sec. 437. Foreign migration assistance.''.
SEC. 1127. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT
PROGRAM.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the
following new section:
``SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT
PROGRAM.
``(a) Establishment.--There is established in the Department a
program to be known as the Biometric Identification Transnational
Migration Alert Program (referred to in this section as `BITMAP') to
address and reduce national security, border security, and public
safety threats before such threats reach the international border of
the United States.
``(b) Duties.--In carrying out BITMAP operations, the Secretary,
acting through the Director of U.S. Immigration and Customs
Enforcement, shall--
``(1) provide, when necessary, capabilities, training, and
equipment, to the government of a foreign country to collect
biometric and biographic identification data from individuals
to identify, prevent, detect, and interdict high risk
individuals identified as national security, border security,
or public safety threats who may attempt to enter the United
States utilizing illicit pathways;
``(2) provide capabilities to the government of a foreign
country to compare foreign data against appropriate United
States national security, border security, public safety,
immigration, and counter-terrorism data, including--
``(A) the Federal Bureau of Investigation's
Terrorist Screening Database, or successor database;
``(B) the Federal Bureau of Investigation's Next
Generation Identification database, or successor
database;
``(C) the Department of Defense Automated Biometric
Identification System (commonly known as `ABIS'), or
successor database;
``(D) the Department's Automated Biometric
Identification System (commonly known as `IDENT'), or
successor database; and
``(E) any other database, notice, or means that the
Secretary, in consultation with the heads of other
Federal departments and agencies responsible for such
databases, notices, or means, designates; and
``(3) ensure biometric and biographic identification data
collected pursuant to BITMAP are incorporated into appropriate
United States Government databases, in compliance with the
policies and procedures established by the Privacy Officer
appointed under section 222.
``(c) Collaboration.--The Secretary shall ensure that BITMAP
operations include participation from relevant components of the
Department, and, as appropriate, request participation from other
Federal agencies.
``(d) Coordination.--The Secretary shall coordinate with the
Secretary of State, appropriate representatives of foreign governments,
and the heads of other Federal agencies, as appropriate, to carry out
paragraph (1) of subsection (b).
``(e) Agreements.--Before carrying out BITMAP operations in a
foreign country that, as of the date of the enactment of this section,
was not a partner country described in this section, the Secretary,
with the concurrence of the Secretary of State, shall enter into an
agreement or arrangement with the government of such country that
outlines such operations in such country, including related
departmental operations. Such country shall be a partner country
described in this section pursuant to and for purposes of such
agreement or arrangement.
``(f) Notification to Congress.--Not later than 60 days before an
agreement with the government of a foreign country to carry out BITMAP
operations in such foreign country enters into force, the Secretary
shall provide the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate with a copy of the agreement to establish such
operations, which shall include--
``(1) the identification of the foreign country with which
the Secretary intends to enter into such an agreement;
``(2) the location at which such operations will be
conducted; and
``(3) the terms and conditions for Department personnel
operating at such location.''.
(b) Report.--Not later than 180 days after the date on which the
Biometric Identification Transnational Migration Alert Program (BITMAP)
is established under section 447 of the Homeland Security Act of 2002
(as added by subsection (a) of this section) and annually thereafter
for the following five years, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that details the effectiveness of BITMAP
operations in enhancing national security, border security, and public
safety.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 446 the following new item:
``Sec. 447. Biometric Identification Transnational Migration Alert
Program.''.
Subtitle B--Personnel
SEC. 1131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION AGENTS AND
OFFICERS.
(a) Border Patrol Agents.--Not later than September 30, 2023, the
Commissioner shall hire, train, and assign sufficient agents to
maintain an active duty presence of not fewer than 26,370 full-time
equivalent agents.
(b) CBP Officers.--In addition to positions authorized before the
date of the enactment of this Act and any existing officer vacancies
within U.S. Customs and Border Protection as of such date, the
Commissioner shall hire, train, and assign to duty, not later than
September 30, 2023--
(1) sufficient U.S. Customs and Border Protection officers
to maintain an active duty presence of not fewer than 27,725
full-time equivalent officers; and
(2) 350 full-time support staff distributed among all
United States ports of entry.
(c) Air and Marine Operations.--Not later than September 30, 2023,
the Commissioner shall hire, train, and assign sufficient agents for
Air and Marine Operations of U.S. Customs and Border Protection to
maintain not fewer than 1,675 full-time equivalent agents and not fewer
than 264 Marine and Air Interdiction Agents for southern border air and
maritime operations.
(d) U.S. Customs and Border Protection K-9 Units and Handlers.--
(1) K-9 units.--Not later than September 30, 2023, the
Commissioner shall deploy not fewer than 300 new K-9 units,
with supporting officers of U.S. Customs and Border Protection
and other required staff, at land ports of entry and
checkpoints, on the southern border and the northern border.
(2) Use of canines.--The Commissioner shall prioritize the
use of canines at the primary inspection lanes at land ports of
entry and checkpoints.
(e) U.S. Customs and Border Protection Horseback Units.--
(1) Increase.--Not later than September 30, 2023, the
Commissioner shall increase the number of horseback units, with
supporting officers of U.S. Customs and Border Protection and
other required staff, by not fewer than 100 officers and 50
horses for security patrol along the Southern border.
(2) Horseback unit support.--The Commissioner shall
construct new stables, maintain and improve existing stables,
and provide other resources needed to maintain the health and
well-being of the horses that serve in the horseback units of
U.S. Customs and Border Protection.
(f) U.S. Customs and Border Protection Search Trauma and Rescue
Teams.--Not later than September 30, 2023, the Commissioner shall
increase by not fewer than 50 the number of officers engaged in search
and rescue activities along the southern border.
(g) U.S. Customs and Border Protection Tunnel Detection and
Technology Program.--Not later than September 30, 2023, the
Commissioner shall increase by not fewer than 50 the number of officers
assisting task forces and activities related to deployment and
operation of border tunnel detection technology and apprehensions of
individuals using such tunnels for crossing into the United States,
drug trafficking, or human smuggling.
(h) Agricultural Specialists.--Not later than September 30, 2023,
the Secretary shall hire, train, and assign to duty, in addition to the
officers and agents authorized under subsections (a) through (g), 631
U.S. Customs and Border Protection agricultural specialists to ports of
entry along the southern border and the northern border.
(i) Office of Professional Responsibility.--Not later than
September 30, 2023, the Commissioner shall hire, train, and assign
sufficient Office of Professional Responsibility special agents to
maintain an active duty presence of not fewer than 550 full-time
equivalent special agents.
(j) U.S. Customs and Border Protection Office of Intelligence.--Not
later than September 30, 2023, the Commissioner shall hire, train, and
assign sufficient Office of Intelligence personnel to maintain not
fewer than 700 full-time equivalent employees.
(k) GAO Report.--If the staffing levels required under this section
are not achieved by September 30, 2023, the Comptroller General of the
United States shall conduct a review of the reasons why such levels
were not achieved.
SEC. 1132. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES.
(a) In General.--Chapter 97 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection temporary employment
authorities
``(a) Definitions.--In this section--
``(1) the term `CBP employee' means an employee of U.S.
Customs and Border Protection described under any of
subsections (a) through (h) of section 1131 of the Border
Security for America Act of 2018;
``(2) the term `Commissioner' means the Commissioner of
U.S. Customs and Border Protection;
``(3) the term `Director' means the Director of the Office
of Personnel Management;
``(4) the term `Secretary' means the Secretary of Homeland
Security; and
``(5) the term `appropriate congressional committees' means
the Committee on Oversight and Government Reform, the Committee
on Homeland Security, and the Committee on Ways and Means of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Finance
of the Senate.
``(b) Direct Hire Authority; Recruitment and Relocation Bonuses;
Retention Bonuses.--
``(1) Statement of purpose and limitation.--The purpose of
this subsection is to allow U.S. Customs and Border Protection
to expeditiously meet the hiring goals and staffing levels
required by section 1131 of the Border Security for America Act
of 2018. The Secretary shall not use this authority beyond
meeting the requirements of such section.
``(2) Direct hire authority.--The Secretary may appoint,
without regard to any provision of sections 3309 through 3319,
candidates to positions in the competitive service as CBP
employees if the Secretary has given public notice for the
positions.
``(3) Recruitment and relocation bonuses.--The Secretary
may pay a recruitment or relocation bonus of up to 50 percent
of the annual rate of basic pay to an individual CBP employee
at the beginning of the service period multiplied by the number
of years (including a fractional part of a year) in the
required service period to an individual (other than an
individual described in subsection (a)(2) of section 5753) if--
``(A) the Secretary determines that conditions
consistent with the conditions described in paragraphs
(1) and (2) of subsection (b) of such section 5753 are
satisfied with respect to the individual (without
regard to the regulations referenced in subsection
(b)(2)(B(ii)(I) of such section or to any other
provision of that section); and
``(B) the individual enters into a written service
agreement with the Secretary--
``(i) under which the individual is
required to complete a period of employment as
a CBP employee of not less than 2 years; and
``(ii) that includes--
``(I) the commencement and
termination dates of the required
service period (or provisions for the
determination thereof);
``(II) the amount of the bonus; and
``(III) other terms and conditions
under which the bonus is payable,
subject to the requirements of this
subsection, including--
``(aa) the conditions under
which the agreement may be
terminated before the agreed-
upon service period has been
completed; and
``(bb) the effect of a
termination described in item
(aa).
``(4) Retention bonuses.--The Secretary may pay a retention
bonus of up to 50 percent of basic pay to an individual CBP
employee (other than an individual described in subsection
(a)(2) of section 5754) if--
``(A) the Secretary determines that--
``(i) a condition consistent with the
condition described in subsection (b)(1) of
such section 5754 is satisfied with respect to
the CBP employee (without regard to any other
provision of that section); and
``(ii) in the absence of a retention bonus,
the CBP employee would be likely to leave--
``(I) the Federal service; or
``(II) for a different position in
the Federal service, including a
position in another agency or component
of the Department of Homeland Security;
and
``(B) the individual enters into a written service
agreement with the Secretary--
``(i) under which the individual is
required to complete a period of employment as
a CBP employee of not less than 2 years; and
``(ii) that includes--
``(I) the commencement and
termination dates of the required
service period (or provisions for the
determination thereof);
``(II) the amount of the bonus; and
``(III) other terms and conditions
under which the bonus is payable,
subject to the requirements of this
subsection, including--
``(aa) the conditions under
which the agreement may be
terminated before the agreed-
upon service period has been
completed; and
``(bb) the effect of a
termination described in item
(aa).
``(5) Rules for bonuses.--
``(A) Maximum bonus.--A bonus paid to an employee
under--
``(i) paragraph (3) may not exceed 100
percent of the annual rate of basic pay of the
employee as of the commencement date of the
applicable service period; and
``(ii) paragraph (4) may not exceed 50
percent of the annual rate of basic pay of the
employee.
``(B) Relationship to basic pay.--A bonus paid to
an employee under paragraph (3) or (4) shall not be
considered part of the basic pay of the employee for
any purpose, including for retirement or in computing a
lump-sum payment to the covered employee for
accumulated and accrued annual leave under section 5551
or section 5552.
``(C) Period of service for recruitment,
relocation, and retention bonuses.--
``(i) A bonus paid to an employee under
paragraph (4) may not be based on any period of
such service which is the basis for a
recruitment or relocation bonus under paragraph
(3).
``(ii) A bonus paid to an employee under
paragraph (3) or (4) may not be based on any
period of service which is the basis for a
recruitment or relocation bonus under section
5753 or a retention bonus under section 5754.
``(c) Special Rates of Pay.--In addition to the circumstances
described in subsection (b) of section 5305, the Director may establish
special rates of pay in accordance with that section to assist the
Secretary in meeting the requirements of section 1131 of the Border
Security for America Act of 2018. The Director shall prioritize the
consideration of requests from the Secretary for such special rates of
pay and issue a decision as soon as practicable. The Secretary shall
provide such information to the Director as the Director deems
necessary to evaluate special rates of pay under this subsection.
``(d) OPM Oversight.--
``(1) Not later than September 30 of each year, the
Secretary shall provide a report to the Director on U.S. Custom
and Border Protection's use of authorities provided under
subsections (b) and (c). In each report, the Secretary shall
provide such information as the Director determines is
appropriate to ensure appropriate use of authorities under such
subsections. Each report shall also include an assessment of--
``(A) the impact of the use of authorities under
subsections (b) and (c) on implementation of section
1131 of the Border Security for America Act of 2018;
``(B) solving hiring and retention challenges at
the agency, including at specific locations;
``(C) whether hiring and retention challenges still
exist at the agency or specific locations; and
``(D) whether the Secretary needs to continue to
use authorities provided under this section at the
agency or at specific locations.
``(2) Consideration.--In compiling a report under paragraph
(1), the Secretary shall consider--
``(A) whether any CBP employee accepted an
employment incentive under subsection (b) and (c) and
then transferred to a new location or left U.S. Customs
and Border Protection; and
``(B) the length of time that each employee
identified under subparagraph (A) stayed at the
original location before transferring to a new location
or leaving U.S. Customs and Border Protection.
``(3) Distribution.--In addition to the Director, the
Secretary shall submit each report required under this
subsection to the appropriate congressional committees.
``(e) OPM Action.--If the Director determines the Secretary has
inappropriately used authorities under subsection (b) or a special rate
of pay provided under subsection (c), the Director shall notify the
Secretary and the appropriate congressional committees in writing. Upon
receipt of the notification, the Secretary may not make any new
appointments or issue any new bonuses under subsection (b), nor provide
CBP employees with further special rates of pay, until the Director has
provided the Secretary and the appropriate congressional committees a
written notice stating the Director is satisfied safeguards are in
place to prevent further inappropriate use.
``(f) Improving CBP Hiring and Retention.--
``(1) Education of cbp hiring officials.--Not later than
180 days after the date of the enactment of this section, and
in conjunction with the Chief Human Capital Officer of the
Department of Homeland Security, the Secretary shall develop
and implement a strategy to improve the education regarding
hiring and human resources flexibilities (including hiring and
human resources flexibilities for locations in rural or remote
areas) for all employees, serving in agency headquarters or
field offices, who are involved in the recruitment, hiring,
assessment, or selection of candidates for locations in a rural
or remote area, as well as the retention of current employees.
``(2) Elements.--Elements of the strategy under paragraph
(1) shall include the following:
``(A) Developing or updating training and
educational materials on hiring and human resources
flexibilities for employees who are involved in the
recruitment, hiring, assessment, or selection of
candidates, as well as the retention of current
employees.
``(B) Regular training sessions for personnel who
are critical to filling open positions in rural or
remote areas.
``(C) The development of pilot programs or other
programs, as appropriate, consistent with authorities
provided to the Secretary to address identified hiring
challenges, including in rural or remote areas.
``(D) Developing and enhancing strategic recruiting
efforts through the relationships with institutions of
higher education, as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002), veterans
transition and employment centers, and job placement
program in regions that could assist in filling
positions in rural or remote areas.
``(E) Examination of existing agency programs on
how to most effectively aid spouses and families of
individuals who are candidates or new hires in a rural
or remote area.
``(F) Feedback from individuals who are candidates
or new hires at locations in a rural or remote area,
including feedback on the quality of life in rural or
remote areas for new hires and their families.
``(G) Feedback from CBP employees, other than new
hires, who are stationed at locations in a rural or
remote area, including feedback on the quality of life
in rural or remote areas for those CBP employees and
their families.
``(H) Evaluation of Department of Homeland Security
internship programs and the usefulness of those
programs in improving hiring by the Secretary in rural
or remote areas.
``(3) Evaluation.--
``(A) In general.--Each year, the Secretary shall--
``(i) evaluate the extent to which the
strategy developed and implemented under
paragraph (1) has improved the hiring and
retention ability of the Secretary; and
``(ii) make any appropriate updates to the
strategy under paragraph (1).
``(B) Information.--The evaluation conducted under
subparagraph (A) shall include--
``(i) any reduction in the time taken by
the Secretary to fill mission-critical
positions, including in rural or remote areas;
``(ii) a general assessment of the impact
of the strategy implemented under paragraph (1)
on hiring challenges, including in rural or
remote areas; and
``(iii) other information the Secretary
determines relevant.
``(g) Inspector General Review.--Not later than two years after the
date of the enactment of this section, the Inspector General of the
Department of Homeland Security shall review the use of hiring and pay
flexibilities under subsections (b) and (c) to determine whether the
use of such flexibilities is helping the Secretary meet hiring and
retention needs, including in rural and remote areas.
``(h) Report on Polygraph Requests.--The Secretary shall report to
the appropriate congressional committees on the number of requests the
Secretary receives from any other Federal agency for the file of an
applicant for a position in U.S. Customs and Border Protection that
includes the results of a polygraph examination.
``(i) Exercise of Authority.--
``(1) Sole discretion.--The exercise of authority under
subsection (b) shall be subject to the sole and exclusive
discretion of the Secretary (or the Commissioner, as applicable
under paragraph (2) of this subsection), notwithstanding
chapter 71 and any collective bargaining agreement.
``(2) Delegation.--The Secretary may delegate any authority
under this section to the Commissioner.
``(j) Rule of Construction.--Nothing in this section shall be
construed to exempt the Secretary or the Director from applicability of
the merit system principles under section 2301.
``(k) Sunset.--The authorities under subsections (b) and (c) shall
terminate on September 30, 2023. Any bonus to be paid pursuant to
subsection (b) that is approved before such date may continue until
such bonus has been paid, subject to the conditions specified in this
section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 97 of title 5, United States Code, is amended by adding at the
end the following:
``9702. U.S. Customs and Border Protection temporary employment
authorities.''.
SEC. 1133. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``Anti-Border
Corruption Reauthorization Act of 2018''.
(b) Hiring Flexibility.--Section 3 of the Anti-Border Corruption
Act of 2010 (6 U.S.C. 221) is amended by striking subsection (b) and
inserting the following new subsections:
``(b) Waiver Authority.--The Commissioner of U.S. Customs and
Border Protection may waive the application of subsection (a)(1)--
``(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers for
arrest or apprehension;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) has, within the past ten years, successfully
completed a polygraph examination as a condition of
employment with such officer's current law enforcement
agency;
``(2) to a current, full-time Federal law enforcement
officer who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) holds a current Tier 4 background
investigation or current Tier 5 background
investigation; and
``(3) to a member of the Armed Forces (or a reserve
component thereof) or a veteran, if such individual--
``(A) has served in the Armed Forces for not fewer
than three years;
``(B) holds, or has held within the past five
years, a Secret, Top Secret, or Top Secret/Sensitive
Compartmented Information clearance;
``(C) holds, or has undergone within the past five
years, a current Tier 4 background investigation or
current Tier 5 background investigation;
``(D) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces
and has not engaged in criminal activity or committed a
serious military or civil offense under the Uniform
Code of Military Justice; and
``(E) was not granted any waivers to obtain the
clearance referred to subparagraph (B).
``(c) Termination of Waiver Authority.--The authority to issue a
waiver under subsection (b) shall terminate on the date that is four
years after the date of the enactment of the Border Security for
America Act of 2018.''.
(c) Supplemental Commissioner Authority and Definitions.--
(1) Supplemental commissioner authority.--Section 4 of the
Anti-Border Corruption Act of 2010 is amended to read as
follows:
``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Non-exemption.--An individual who receives a waiver under
section 3(b) is not exempt from other hiring requirements relating to
suitability for employment and eligibility to hold a national security
designated position, as determined by the Commissioner of U.S. Customs
and Border Protection.
``(b) Background Investigations.--Any individual who receives a
waiver under section 3(b) who holds a current Tier 4 background
investigation shall be subject to a Tier 5 background investigation.
``(c) Administration of Polygraph Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under section 3(b) if information is discovered
before the completion of a background investigation that results in a
determination that a polygraph examination is necessary to make a final
determination regarding suitability for employment or continued
employment, as the case may be.''.
(2) Report.--The Anti-Border Corruption Act of 2010, as
amended by paragraph (1), is further amended by adding at the
end the following new section:
``SEC. 5. REPORTING.
``(a) Annual Report.--Not later than one year after the date of the
enactment of this section and annually thereafter while the waiver
authority under section 3(b) is in effect, the Commissioner of U.S.
Customs and Border Protection shall submit to Congress a report that
includes, with respect to each such reporting period--
``(1) the number of waivers requested, granted, and denied
under section 3(b);
``(2) the reasons for any denials of such waiver;
``(3) the percentage of applicants who were hired after
receiving a waiver;
``(4) the number of instances that a polygraph was
administered to an applicant who initially received a waiver
and the results of such polygraph;
``(5) an assessment of the current impact of the polygraph
waiver program on filling law enforcement positions at U.S.
Customs and Border Protection; and
``(6) additional authorities needed by U.S. Customs and
Border Protection to better utilize the polygraph waiver
program for its intended goals.
``(b) Additional Information.--The first report submitted under
subsection (a) shall include--
``(1) an analysis of other methods of employment
suitability tests that detect deception and could be used in
conjunction with traditional background investigations to
evaluate potential employees for suitability; and
``(2) a recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is waived
pursuant to section 3(b).''.
(3) Definitions.--The Anti-Border Corruption Act of 2010,
as amended by paragraphs (1) and (2), is further amended by
adding at the end the following new section:
``SEC. 6. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer'
defined in section 8331(20) or 8401(17) of title 5, United
States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be
discharged or separated from service in the Armed
Forces; and
``(B) a punitive discharge is, or would be,
authorized for the same or a closely related offense
under the Manual for Court-Martial, as pursuant to Army
Regulation 635-200 chapter 14-12.
``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with
respect to background investigations have the meaning given
such terms under the 2012 Federal Investigative Standards.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.''.
(d) Polygraph Examiners.--Not later than September 30, 2022, the
Secretary shall increase to not fewer than 150 the number of trained
full-time equivalent polygraph examiners for administering polygraphs
under the Anti-Border Corruption Act of 2010, as amended by this
subtitle.
SEC. 1134. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS AND BORDER
PROTECTION.
(a) In General.--Subsection (l) of section 411 of the Homeland
Security Act of 2002 (6 U.S.C. 211) is amended to read as follows:
``(l) Training and Continuing Education.--
``(1) Mandatory training.--The Commissioner shall ensure
that every agent and officer of U.S. Customs and Border
Protection receives a minimum of 21 weeks of training that are
directly related to the mission of the U.S. Border Patrol, Air
and Marine, and the Office of Field Operations before the
initial assignment of such agents and officers.
``(2) FLETC.--The Commissioner shall work in consultation
with the Director of the Federal Law Enforcement Training
Centers to establish guidelines and curriculum for the training
of agents and officers of U.S. Customs and Border Protection
under subsection (a).
``(3) Continuing education.--The Commissioner shall
annually require all agents and officers of U.S. Customs and
Border Protection who are required to undergo training under
subsection (a) to participate in not fewer than eight hours of
continuing education annually to maintain and update
understanding of Federal legal rulings, court decisions, and
Department policies, procedures, and guidelines related to
relevant subject matters.
``(4) Leadership training.--Not later than one year after
the date of the enactment of this subsection, the Commissioner
shall develop and require training courses geared towards the
development of leadership skills for mid- and senior-level
career employees not later than one year after such employees
assume duties in supervisory roles.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner shall submit to the Committee
on Homeland Security and the Committee on Ways and Means of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of the Senate a
report identifying the guidelines and curriculum established to carry
out subsection (l) of section 411 of the Homeland Security Act of 2002,
as amended by subsection (a) of this section.
(c) Assessment.--Not later than four years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security and the Committee on
Ways and Means of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on Finance
of the Senate a report that assesses the training and education,
including continuing education, required under subsection (l) of
section 411 of the Homeland Security Act of 2002, as amended by
subsection (a) of this section.
Subtitle C--Grants
SEC. 1141. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden', under which the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State administrative
agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a U.S.
Border Patrol sector office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) personnel, including overtime and backfill, in
support of enhanced border law enforcement activities;
``(3) any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year 2018
Homeland Security Grant Program Notice of Funding Opportunity;
and
``(4) any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall award grants
under this section to grant recipients for a period of not less than 36
months.
``(e) Report.--For each of fiscal years 2019 through 2023, the
Administrator shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report that contains
information on the expenditure of grants made under this section by
each grant recipient.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of fiscal years 2019 through 2023
for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, and 2009 to State, local,
and tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2008 the following:
``Sec. 2009. Operation Stonegarden.''.
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
SEC. 2101. PORTS OF ENTRY INFRASTRUCTURE.
(a) Additional Ports of Entry.--
(1) Authority.--The Administrator of General Services may,
subject to section 3307 of title 40, United States Code,
construct new ports of entry along the northern border and
southern border at locations determined by the Secretary.
(2) Consultation.--
(A) Requirement to consult.--The Secretary and the
Administrator of General Services shall consult with
the Secretary of State, the Secretary of the Interior,
the Secretary of Agriculture, the Secretary of
Transportation, and appropriate representatives of
State and local governments, and Indian tribes, and
property owners in the United States prior to
determining a location for any new port of entry
constructed pursuant to paragraph (1).
(B) Considerations.--The purpose of the
consultations required by subparagraph (A) shall be to
minimize any negative impacts of constructing a new
port of entry on the environment, culture, commerce,
and quality of life of the communities and residents
located near such new port.
(b) Expansion and Modernization of High-Priority Southern Border
Ports of Entry.--Not later than September 30, 2023, the Administrator
of General Services, subject to section 3307 of title 40, United States
Code, and in coordination with the Secretary, shall expand or modernize
high-priority ports of entry on the southern border, as determined by
the Secretary, for the purposes of reducing wait times and enhancing
security.
(c) Port of Entry Prioritization.--Prior to constructing any new
ports of entry pursuant to subsection (a), the Administrator of General
Services shall complete the expansion and modernization of ports of
entry pursuant to subsection (b) to the extent practicable.
(d) Notifications.--
(1) Relating to new ports of entry.--Not later than 15 days
after determining the location of any new port of entry for
construction pursuant to subsection (a), the Secretary and the
Administrator of General Services shall jointly notify the
Members of Congress who represent the State or congressional
district in which such new port of entry will be located, as
well as the Committee on Homeland Security and Governmental
Affairs, the Committee on Finance, the Committee on Commerce,
Science, and Transportation, and the Committee on the Judiciary
of the Senate, and the Committee on Homeland Security, the
Committee on Ways and Means, the Committee on Transportation
and Infrastructure, and the Committee on the Judiciary of the
House of Representatives. Such notification shall include
information relating to the location of such new port of entry,
a description of the need for such new port of entry and
associated anticipated benefits, a description of the
consultations undertaken by the Secretary and the Administrator
pursuant to paragraph (2) of such subsection, any actions that
will be taken to minimize negative impacts of such new port of
entry, and the anticipated time-line for construction and
completion of such new port of entry.
(2) Relating to expansion and modernization of ports of
entry.--Not later than 180 days after enactment of this Act,
the Secretary and the Administrator of General Services shall
jointly notify the Committee on Homeland Security and
Governmental Affairs, the Committee on Finance, the Committee
on Commerce, Science, and Transportation, and the Committee on
the Judiciary of the Senate, and the Committee on Homeland
Security, the Committee on Ways and Means, the Committee on
Transportation and Infrastructure, and the Committee on the
Judiciary of the House of Representatives of the ports of entry
on the southern border that are the subject of expansion or
modernization pursuant to subsection (b) and the Secretary's
and Administrator's plan for expanding or modernizing each such
port of entry.
(e) Savings Provision.--Nothing in this section may be construed
to--
(1) create or negate any right of action for a State, local
government, or other person or entity affected by this section;
(2) delay the transfer of the possession of property to the
United States or affect the validity of any property
acquisitions by purchase or eminent domain, or to otherwise
affect the eminent domain laws of the United States or of any
State; or
(3) create any right or liability for any party.
(f) Rule of Construction.--Nothing in this section may be construed
as providing the Secretary new authority related to the construction,
acquisition, or renovation of real property.
SEC. 2102. SECURE COMMUNICATIONS.
(a) In General.--The Secretary shall ensure that each U.S. Customs
and Border Protection and U.S. Immigration and Customs Enforcement
officer or agent, if appropriate, is equipped with a secure radio or
other two-way communication device, supported by system
interoperability, that allows each such officer to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, tribal, and local law
enforcement entities.
(b) U.S. Border Patrol Agents.--The Secretary shall ensure that
each U.S. Border Patrol agent or officer assigned or required to patrol
on foot, by horseback, or with a canine unit, in remote mission
critical locations, and at border checkpoints, has a multi- or dual-
band encrypted portable radio.
(c) LTE Capability.--In carrying out subsection (b), the Secretary
shall acquire radios or other devices with the option to be LTE-capable
for deployment in areas where LTE enhances operations and is cost
effective.
SEC. 2103. BORDER SECURITY DEPLOYMENT PROGRAM.
(a) Expansion.--Not later than September 30, 2023, the Secretary
shall fully implement the Border Security Deployment Program of the
U.S. Customs and Border Protection and expand the integrated
surveillance and intrusion detection system at land ports of entry
along the southern border and the northern border.
(b) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $33,000,000 for fiscal years 2019 through
2023 to carry out subsection (a).
SEC. 2104. PILOT AND UPGRADE OF LICENSE PLATE READERS AT PORTS OF
ENTRY.
(a) Upgrade.--Not later than two years after the date of the
enactment of this Act, the Commissioner shall upgrade all existing
license plate readers in need of upgrade, as determined by the
Commissioner, on the northern and southern borders on incoming and
outgoing vehicle lanes.
(b) Pilot Program.--Not later than 90 days after the date of the
enactment of this Act, the Commissioner shall conduct a one-month pilot
program on the southern border using license plate readers for one to
two cargo lanes at the top three high-volume land ports of entry or
checkpoints to determine their effectiveness in reducing cross-border
wait times for commercial traffic and tractor-trailers.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall report to the Committee on
Homeland Security and Governmental Affairs, the Committee on the
Judiciary, and the Committee on Finance of the Senate, and the
Committee on Homeland Security, and Committee on the Judiciary, and the
Committee on Ways and Means of the House of Representatives the results
of the pilot program under subsection (b) and make recommendations for
implementing use of such technology on the southern border.
(d) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $125,000,000 for fiscal years 2019
through 2020 to carry out subsection (a).
SEC. 2105. NON-INTRUSIVE INSPECTION OPERATIONAL DEMONSTRATION.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Commissioner shall establish a six-month
operational demonstration to deploy a high-throughput non-intrusive
passenger vehicle inspection system at not fewer than three land ports
of entry along the United States-Mexico border with significant cross-
border traffic. Such demonstration shall be located within the pre-
primary traffic flow and should be scalable to span up to 26 contiguous
in-bound traffic lanes without re-configuration of existing lanes.
(b) Report.--Not later than 90 days after the conclusion of the
operational demonstration under subsection (a), the Commissioner shall
submit to the Committee on Homeland Security and the Committee on Ways
and Means of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Finance of the
Senate a report that describes the following:
(1) The effects of such demonstration on legitimate travel
and trade.
(2) The effects of such demonstration on wait times,
including processing times, for non-pedestrian traffic.
(3) The effectiveness of such demonstration in combating
terrorism and smuggling.
SEC. 2106. BIOMETRIC EXIT DATA SYSTEM.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after
section 415 the following new section:
``SEC. 416. BIOMETRIC ENTRY-EXIT.
``(a) Establishment.--The Secretary shall--
``(1) not later than 180 days after the date of the
enactment of this section, submit to the Committee on Homeland
Security and Governmental Affairs and the Committee on the
Judiciary of the Senate and the Committee on Homeland Security
and the Committee on the Judiciary of the House of
Representatives an implementation plan to establish a biometric
exit data system to complete the integrated biometric entry and
exit data system required under section 7208 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1365b), including--
``(A) an integrated master schedule and cost
estimate, including requirements and design,
development, operational, and maintenance costs of such
a system, that takes into account prior reports on such
matters issued by the Government Accountability Office
and the Department;
``(B) cost-effective staffing and personnel
requirements of such a system that leverages existing
resources of the Department that takes into account
prior reports on such matters issued by the Government
Accountability Office and the Department;
``(C) a consideration of training programs
necessary to establish such a system that takes into
account prior reports on such matters issued by the
Government Accountability Office and the Department;
``(D) a consideration of how such a system will
affect arrival and departure wait times that takes into
account prior reports on such matter issued by the
Government Accountability Office and the Department;
``(E) information received after consultation with
private sector stakeholders, including the--
``(i) trucking industry;
``(ii) airport industry;
``(iii) airline industry;
``(iv) seaport industry;
``(v) travel industry; and
``(vi) biometric technology industry;
``(F) a consideration of how trusted traveler
programs in existence as of the date of the enactment
of this section may be impacted by, or incorporated
into, such a system;
``(G) defined metrics of success and milestones;
``(H) identified risks and mitigation strategies to
address such risks;
``(I) a consideration of how other countries have
implemented a biometric exit data system; and
``(J) a list of statutory, regulatory, or
administrative authorities, if any, needed to integrate
such a system into the operations of the Transportation
Security Administration; and
``(2) not later than two years after the date of the
enactment of this section, establish a biometric exit data
system at the--
``(A) 15 United States airports that support the
highest volume of international air travel, as
determined by available Federal flight data;
``(B) 10 United States seaports that support the
highest volume of international sea travel, as
determined by available Federal travel data; and
``(C) 15 United States land ports of entry that
support the highest volume of vehicle, pedestrian, and
cargo crossings, as determined by available Federal
border crossing data.
``(b) Implementation.--
``(1) Pilot program at land ports of entry.--Not later than
six months after the date of the enactment of this section, the
Secretary, in collaboration with industry stakeholders, shall
establish a six-month pilot program to test the biometric exit
data system referred to in subsection (a)(2) on non-pedestrian
outbound traffic at not fewer than three land ports of entry
with significant cross-border traffic, including at not fewer
than two land ports of entry on the southern land border and at
least one land port of entry on the northern land border. Such
pilot program may include a consideration of more than one
biometric mode, and shall be implemented to determine the
following:
``(A) How a nationwide implementation of such
biometric exit data system at land ports of entry shall
be carried out.
``(B) The infrastructure required to carry out
subparagraph (A).
``(C) The effects of such pilot program on
legitimate travel and trade.
``(D) The effects of such pilot program on wait
times, including processing times, for such non-
pedestrian traffic.
``(E) The effects of such pilot program on
combating terrorism.
``(F) The effects of such pilot program on
identifying visa holders who violate the terms of their
visas.
``(2) At land ports of entry.--
``(A) In general.--Not later than five years after
the date of the enactment of this section, the
Secretary shall expand the biometric exit data system
referred to in subsection (a)(2) to all land ports of
entry.
``(B) Extension.--The Secretary may extend for a
single two-year period the date specified in
subparagraph (A) if the Secretary certifies to the
Committee on Homeland Security and Governmental Affairs
and the Committee on the Judiciary of the Senate and
the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives that the
15 land ports of entry that support the highest volume
of passenger vehicles, as determined by available
Federal data, do not have the physical infrastructure
or characteristics to install the systems necessary to
implement a biometric exit data system. Such extension
shall apply only in the case of non-pedestrian outbound
traffic at such land ports of entry.
``(3) At air and sea ports of entry.--Not later than five
years after the date of the enactment of this section, the
Secretary shall expand the biometric exit data system referred
to in subsection (a)(2) to all air and sea ports of entry.
``(c) Effects on Air, Sea, and Land Transportation.--The Secretary,
in consultation with appropriate private sector stakeholders, shall
ensure that the collection of biometric data under this section causes
the least possible disruption to the movement of people or cargo in
air, sea, or land transportation, while fulfilling the goals of
improving counterterrorism efforts and identifying visa holders who
violate the terms of their visas.
``(d) Termination of Proceeding.--Notwithstanding any other
provision of law, the Secretary shall, on the date of the enactment of
this section, terminate the proceeding entitled `Collection of Alien
Biometric Data Upon Exit From the United States at Air and Sea Ports of
Departure; United States Visitor and Immigrant Status Indicator
Technology Program (``US-VISIT'')', issued on April 24, 2008 (73 Fed.
Reg. 22065).
``(e) Data-Matching.--The biometric exit data system established
under this section shall--
``(1) match biometric information for an individual,
regardless of nationality, citizenship, or immigration status,
who is departing the United States against biometric data
previously provided to the United States Government by such
individual for the purposes of international travel;
``(2) leverage the infrastructure and databases of the
current biometric entry and exit system established pursuant to
section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose
described in paragraph (1); and
``(3) be interoperable with, and allow matching against,
other Federal databases that--
``(A) store biometrics of known or suspected
terrorists; and
``(B) identify visa holders who violate the terms
of their visas.
``(f) Scope.--
``(1) In general.--The biometric exit data system
established under this section shall include a requirement for
the collection of biometric exit data at the time of departure
for all categories of individuals who are required by the
Secretary to provide biometric entry data.
``(2) Exception for certain other individuals.--This
section shall not apply in the case of an individual who exits
and then enters the United States on a passenger vessel (as
such term is defined in section 2101 of title 46, United States
Code) the itinerary of which originates and terminates in the
United States.
``(3) Exception for land ports of entry.--This section
shall not apply in the case of a United States or Canadian
citizen who exits the United States through a land port of
entry.
``(g) Collection of Data.--The Secretary may not require any non-
Federal person to collect biometric data, or contribute to the costs of
collecting or administering the biometric exit data system established
under this section, except through a mutual agreement.
``(h) Multi-Modal Collection.--In carrying out subsections (a)(1)
and (b), the Secretary shall make every effort to collect biometric
data using multiple modes of biometrics.
``(i) Facilities.--All facilities at which the biometric exit data
system established under this section is implemented shall provide and
maintain space for Federal use that is adequate to support biometric
data collection and other inspection-related activity. For non-
federally owned facilities, such space shall be provided and maintained
at no cost to the Government. For all facilities at land ports of
entry, such space requirements shall be coordinated with the
Administrator of General Services.
``(j) Northern Land Border.--In the case of the northern land
border, the requirements under subsections (a)(2)(C), (b)(2)(A), and
(b)(4) may be achieved through the sharing of biometric data provided
to the Department by the Canadian Border Services Agency pursuant to
the 2011 Beyond the Border agreement.
``(k) Full and Open Competition.--The Secretary shall procure goods
and services to implement this section via full and open competition in
accordance with the Federal Acquisition Regulations.
``(l) Other Biometric Initiatives.--Nothing in this section may be
construed as limiting the authority of the Secretary to collect
biometric information in circumstances other than as specified in this
section.
``(m) Congressional Review.--Not later than 90 days after the date
of the enactment of this section, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on the Judiciary of the Senate, the Committee on Homeland
Security of the House of Representatives, and Committee on the
Judiciary of the House of Representatives reports and recommendations
regarding the Science and Technology Directorate's Air Entry and Exit
Re-Engineering Program of the Department and the U.S. Customs and
Border Protection entry and exit mobility program demonstrations.
``(n) Savings Clause.--Nothing in this section shall prohibit the
collection of user fees permitted by section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 415 the following new item:
``Sec. 416. Biometric entry-exit.''.
SEC. 2107. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.
(a) Finding.--Congress finds that personnel constraints exist at
land ports of entry with regard to sanitary and phytosanitary
inspections for exported goods.
(b) Sense of Congress.--It is the sense of Congress that, in the
best interest of cross-border trade and the agricultural community--
(1) any lack of certified personnel for inspection purposes
at ports of entry should be addressed by seeking cooperation
between agencies and departments of the United States, whether
in the form of a memorandum of understanding or through a
certification process, whereby additional existing agents are
authorized for additional hours to facilitate and expedite the
flow of legitimate trade and commerce of perishable goods in a
manner consistent with rules of the Department of Agriculture;
and
(2) cross designation should be available for personnel who
will assist more than one agency or department of the United
States at land ports of entry to facilitate and expedite the
flow of increased legitimate trade and commerce.
SEC. 2108. AUTHORIZATION OF APPROPRIATIONS.
In addition to any amounts otherwise authorized to be appropriated
for such purpose, there is authorized to be appropriated $4,250,000,000
for each of fiscal years 2019 through 2023 to carry out this title, of
which $250,000,000 in each such fiscal year is authorized to be made
available to implement the biometric exit data system described in
section 416 of the Homeland Security Act of 2002, as added by section
2106 of this division.
SEC. 2109. DEFINITION.
In this title, the term ``Secretary'' means the Secretary of
Homeland Security.
TITLE III--VISA SECURITY AND INTEGRITY
SEC. 3101. VISA SECURITY.
(a) Visa Security Units at High Risk Posts.--Paragraph (1) of
section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e))
is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) Authorization.--Subject to the minimum number
specified in subparagraph (B), the Secretary''; and
(2) by adding at the end the following new subparagraph:
``(B) Risk-based assignments.--
``(i) In general.--In carrying out
subparagraph (A), the Secretary shall assign
employees of the Department to not fewer than
75 diplomatic and consular posts at which visas
are issued. Such assignments shall be made--
``(I) in a risk-based manner;
``(II) considering the criteria
described in clause (iii); and
``(III) in accordance with National
Security Decision Directive 38 of June
2, 1982, or any superseding
presidential directive concerning
staffing at diplomatic and consular
posts.
``(ii) Priority consideration.--In carrying
out National Security Decision Directive 38 of
June 2, 1982, the Secretary of State shall
ensure priority consideration of any staffing
assignment pursuant to this subparagraph.
``(iii) Criteria described.--The criteria
referred to in clause (i) are the following:
``(I) The number of nationals of a
country in which any of the diplomatic
and consular posts referred to in
clause (i) are located who were
identified in United States Government
databases related to the identities of
known or suspected terrorists during
the previous year.
``(II) Information on the
cooperation of such country with the
counterterrorism efforts of the United
States.
``(III) Information analyzing the
presence, activity, or movement of
terrorist organizations (as such term
is defined in section 212(a)(3)(B)(vi)
of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(vi))) within or
through such country.
``(IV) The number of formal
objections based on derogatory
information issued by the Visa Security
Advisory Opinion Unit pursuant to
paragraph (10) regarding nationals of a
country in which any of the diplomatic
and consular posts referred to in
clause (i) are located.
``(V) The adequacy of the border
and immigration control of such
country.
``(VI) Any other criteria the
Secretary determines appropriate.''.
(b) Counterterror Vetting and Screening.--Paragraph (2) of section
428(e) of the Homeland Security Act of 2002 is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Screen any such applications against the
appropriate criminal, national security, and terrorism
databases maintained by the Federal Government.''.
(c) Training and Hiring.--Subparagraph (A) of section 428(e)(6) of
the Homeland Security Act of 2002 is amended by--
(1) striking ``The Secretary shall ensure, to the extent
possible, that any employees'' and inserting ``The Secretary,
acting through the Commissioner of U.S. Customs and Border
Protection and the Director of U.S. Immigration and Customs
Enforcement, shall provide training to any employees''; and
(2) striking ``shall be provided the necessary training''.
(d) Pre-Adjudicated Visa Security Assistance and Visa Security
Advisory Opinion Unit.--Subsection (e) of section 428 of the Homeland
Security Act of 2002 is amended by adding at the end the following new
paragraphs:
``(9) Remote pre-adjudicated visa security assistance.--At
the visa-issuing posts at which employees of the Department are
not assigned pursuant to paragraph (1), the Secretary shall, in
a risk-based manner, assign employees of the Department to
remotely perform the functions required under paragraph (2) at
not fewer than 50 of such posts.
``(10) Visa security advisory opinion unit.--The Secretary
shall establish within U.S. Immigration and Customs Enforcement
a Visa Security Advisory Opinion Unit to respond to requests
from the Secretary of State to conduct a visa security review
using information maintained by the Department on visa
applicants, including terrorism association, criminal history,
counter-proliferation, and other relevant factors, as
determined by the Secretary.''.
(e) Deadlines.--The requirements established under paragraphs (1)
and (9) of section 428(e) of the Homeland Security Act of 2002 (6
U.S.C. 236(e)), as amended and added by this section, shall be
implemented not later than three years after the date of the enactment
of this Act.
(f) Funding.--
(1) Additional visa fee.--
(A) In general.--The Secretary of State, in
consultation with the Secretary of Homeland Security,
shall charge a fee in support of visa security, to be
deposited in the U.S. Immigration and Customs
Enforcement account. Fees imposed pursuant to this
subsection shall be available only to the extent
provided in advance by appropriations Acts.
(B) Amount of fee.--The total amount of the
additional fee charged pursuant to this subsection
shall be equal to an amount sufficient to cover the
annual costs of the visa security program established
by the Secretary of Homeland Security under section
428(e) of the Homeland Security Act of 2002 (6 U.S.C.
236(e)), as amended by this section.
(2) Use of fees.--Amounts deposited in the U.S. Immigration
and Customs Enforcement account pursuant to paragraph (1) are
authorized to be appropriated to the Secretary of Homeland
Security for the funding of the visa security program referred
to in such paragraph.
SEC. 3102. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 2106 of this
division, is further amended by adding at the end the following new
sections:
``SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
``(a) In General.--Not later than one year after the date of the
enactment of this section, the Commissioner of U.S. Customs and Border
Protection shall--
``(1) screen electronic passports at airports of entry by
reading each such passport's embedded chip; and
``(2) to the greatest extent practicable, utilize facial
recognition technology or other biometric technology, as
determined by the Commissioner, to inspect travelers at United
States airports of entry.
``(b) Applicability.--
``(1) Electronic passport screening.--Paragraph (1) of
subsection (a) shall apply to passports belonging to
individuals who are United States citizens, individuals who are
nationals of a program country pursuant to section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), and
individuals who are nationals of any other foreign country that
issues electronic passports.
``(2) Facial recognition matching.--Paragraph (2) of
subsection (a) shall apply, at a minimum, to individuals who
are nationals of a program country pursuant to section 217 of
the Immigration and Nationality Act.
``(c) Annual Report.--The Commissioner of U.S. Customs and Border
Protection, in collaboration with the Chief Privacy Officer of the
Department, shall issue to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an annual report through fiscal year
2022 on the utilization of facial recognition technology and other
biometric technology pursuant to subsection (a)(2). Each such report
shall include information on the type of technology used at each
airport of entry, the number of individuals who were subject to
inspection using either of such technologies at each airport of entry,
and within the group of individuals subject to such inspection at each
airport, the number of those individuals who were United States
citizens and legal permanent residents. Each such report shall provide
information on the disposition of data collected during the year
covered by such report, together with information on protocols for the
management of collected biometric data, including timeframes and
criteria for storing, erasing, destroying, or otherwise removing such
data from databases utilized by the Department.
``SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER
PROTECTION.
``The Commissioner of U.S. Customs and Border Protection shall, in
a risk based manner, continuously screen individuals issued any visa,
and individuals who are nationals of a program country pursuant to
section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), who
are present, or are expected to arrive within 30 days, in the United
States, against the appropriate criminal, national security, and
terrorism databases maintained by the Federal Government.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 419 the following new items:
``Sec. 420. Electronic passport screening and biometric matching.
``Sec. 420A. Continuous screening by U.S. Customs and Border
Protection.''.
SEC. 3103. REPORTING OF VISA OVERSTAYS.
Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended--
(1) in subsection (a)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting before the period at the end the
following: ``, and any additional information that the
Secretary determines necessary for purposes of the
report under subsection (b)''; and
(2) by amending subsection (b) to read as follows:
``(b) Annual Report.--Not later than September 30, 2019, and not
later than September 30 of each year thereafter, the Secretary of
Homeland Security shall submit to the Committee on Homeland Security
and the Committee on the Judiciary of the House of Representatives and
to the Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a report providing, for the
preceding fiscal year, numerical estimates (including information on
the methodology utilized to develop such numerical estimates) of--
``(1) for each country, the number of aliens from the
country who are described in subsection (a), including--
``(A) the total number of such aliens within all
classes of nonimmigrant aliens described in section
101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and
``(B) the number of such aliens within each of the
classes of nonimmigrant aliens, as well as the number
of such aliens within each of the subclasses of such
classes of nonimmigrant aliens, as applicable;
``(2) for each country, the percentage of the total number
of aliens from the country who were present in the United
States and were admitted to the United States as nonimmigrants
who are described in subsection (a);
``(3) the number of aliens described in subsection (a) who
arrived by land at a port of entry into the United States;
``(4) the number of aliens described in subsection (a) who
entered the United States using a border crossing
identification card (as such term is defined in section
101(a)(6) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(6))); and
``(5) the number of Canadian nationals who entered the
United States without a visa whose authorized period of stay in
the United States terminated during the previous fiscal year,
but who remained in the United States.''.
SEC. 3104. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM
VERIFICATION.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall ensure that the information
collected under the program established under section 641 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372) is available to officers of U.S. Customs and Border
Protection for the purpose of conducting primary inspections of aliens
seeking admission to the United States at each port of entry of the
United States.
SEC. 3105. SOCIAL MEDIA REVIEW OF VISA APPLICANTS.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by sections 1115, 1123,
and 1126 of this division, is further amended by adding at the end the
following new sections:
``SEC. 438. SOCIAL MEDIA SCREENING.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall, to the greatest extent
practicable, and in a risk based manner and on an individualized basis,
review the social media accounts of certain visa applicants who are
citizens of, or who reside in, high-risk countries, as determined by
the Secretary based on the criteria described in subsection (b).
``(b) High-Risk Criteria Described.--In determining whether a
country is high-risk pursuant to subsection (a), the Secretary, in
consultation with the Secretary of State, shall consider the following
criteria:
``(1) The number of nationals of the country who were
identified in United States Government databases related to the
identities of known or suspected terrorists during the previous
year.
``(2) The level of cooperation of the country with the
counter-terrorism efforts of the United States.
``(3) Any other criteria the Secretary determines
appropriate.
``(c) Collaboration.--To carry out the requirements of subsection
(a), the Secretary may collaborate with--
``(1) the head of a national laboratory within the
Department's laboratory network with relevant expertise;
``(2) the head of a relevant university-based center within
the Department's centers of excellence network; and
``(3) the heads of other appropriate Federal agencies.
``(d) Waiver.--The Secretary, in collaboration with the Secretary
of State, is authorized to waive the requirements of subsection (a) as
necessary to comply with international obligations of the United
States.
``SEC. 439. OPEN SOURCE SCREENING.
``The Secretary shall, to the greatest extent practicable, and in a
risk based manner, review open source information of visa
applicants.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this division is
further amended by inserting after the item relating to section 437 the
following new items:
``Sec. 438. Social media screening.
``Sec. 439. Open source screening.''.
SEC. 3106. CANCELLATION OF ADDITIONAL VISAS.
(a) In General.--Section 222(g) of the Immigration and Nationality
Act (8 U.S.C. 1202(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary''; and
(B) by inserting ``and any other nonimmigrant visa
issued by the United States that is in the possession
of the alien'' after ``such visa''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office located
in the country of the alien's nationality'' and inserting
``(other than a visa described in paragraph (1)) issued in a
consular office located in the country of the alien's
nationality or foreign residence''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
a visa issued before, on, or after such date.
SEC. 3107. VISA INFORMATION SHARING.
(a) In General.--Section 222(f) of the Immigration and Nationality
Act (8 U.S.C. 1202(f)(2)) is amended--
(1) by striking ``issuance or refusal'' and inserting
``issuance, refusal, or revocation'';
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``and on the basis of reciprocity'' and all
that follows and inserting the following ``may provide to a
foreign government information in a Department of State
computerized visa database and, when necessary and appropriate,
other records covered by this section related to information in
such database--'';
(3) in paragraph (2)(A)--
(A) by inserting at the beginning ``on the basis of
reciprocity,'';
(B) by inserting ``(i)'' after ``for the purpose
of''; and
(C) by striking ``illicit weapons; or'' and
inserting ``illicit weapons, or (ii) determining a
person's deportability or eligibility for a visa,
admission, or other immigration benefit;'';
(4) in paragraph (2)(B)--
(A) by inserting at the beginning ``on the basis of
reciprocity,'';
(B) by striking ``in the database'' and inserting
``such database'';
(C) by striking ``for the purposes'' and inserting
``for one of the purposes''; and
(D) by striking ``or to deny visas to persons who
would be inadmissible to the United States.'' and
inserting ``; or''; and
(5) in paragraph (2), by adding at the end the following:
``(C) with regard to any or all aliens in the
database specified data elements from each record, if
the Secretary of State determines that it is in the
national interest to provide such information to a
foreign government.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 60 days after the date of the enactment of this Act.
SEC. 3108. RESTRICTING WAIVER OF VISA INTERVIEWS.
Section 222(h) of the Immigration and Nationality Act (8 U.S.C.
1202(h)(1)(B)) is amended--
(1) in paragraph (1)(C), by inserting ``, in consultation
with the Secretary of Homeland Security,'' after ``if the
Secretary'';
(2) in paragraph (1)(C)(i), by inserting ``, where such
national interest shall not include facilitation of travel of
foreign nationals to the United States, reduction of visa
application processing times, or the allocation of consular
resources'' before the semicolon at the end; and
(3) in paragraph (2)--
(A) by striking ``or'' at the end of subparagraph
(E);
(B) by striking the period at the end of
subparagraph (F) and inserting ``; or''; and
(C) by adding at the end the following:
``(G) is an individual--
``(i) determined to be in a class of aliens
determined by the Secretary of Homeland
Security to be threats to national security;
``(ii) identified by the Secretary of
Homeland Security as a person of concern; or
``(iii) applying for a visa in a visa
category with respect to which the Secretary of
Homeland Security has determined that a waiver
of the visa interview would create a high risk
of degradation of visa program integrity.''.
SEC. 3109. AUTHORIZING THE DEPARTMENT OF STATE TO NOT INTERVIEW CERTAIN
INELIGIBLE VISA APPLICANTS.
(a) In General.--Section 222(h)(1) of the Immigration and
Nationality Act (8 U.S.C. 1202(h)(1)) is amended by inserting ``the
alien is determined by the Secretary of State to be ineligible for a
visa based upon review of the application or'' after ``unless''.
(b) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall issue guidance to
consular officers on the standards and processes for implementing the
authority to deny visa applications without interview in cases where
the alien is determined by the Secretary of State to be ineligible for
a visa based upon review of the application.
(c) Reports.--Not less frequently than once each quarter, the
Secretary of State shall submit to the Congress a report on the denial
of visa applications without interview, including--
(1) the number of such denials; and
(2) a post-by-post breakdown of such denials.
SEC. 3110. PETITION AND APPLICATION PROCESSING FOR VISAS AND
IMMIGRATION BENEFITS.
(a) In General.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after
section 211 the following:
``SEC. 211A. PETITION AND APPLICATION PROCESSING.
``(a) Signature Requirement.--
``(1) In general.--No petition or application filed with
the Secretary of Homeland Security or with a consular officer
relating to the issuance of a visa or to the admission of an
alien to the United States as an immigrant or as a nonimmigrant
may be approved unless the petition or application is signed by
each party required to sign such petition or application.
``(2) Applications for immigrant visas.--Except as may be
otherwise prescribed by regulations, each application for an
immigrant visa shall be signed by the applicant in the presence
of the consular officer, and verified by the oath of the
applicant administered by the consular officer.
``(b) Completion Requirement.--No petition or application filed
with the Secretary of Homeland Security or with a consular officer
relating to the issuance of a visa or to the admission of an alien to
the United States as an immigrant or as a nonimmigrant may be approved
unless each applicable portion of the petition or application has been
completed.
``(c) Translation Requirement.--No document submitted in support of
a petition or application for a nonimmigrant or immigrant visa may be
accepted by a consular officer if such document contains information in
a foreign language, unless such document is accompanied by a full
English translation, which the translator has certified as complete and
accurate, and by the translator's certification that he or she is
competent to translate from the foreign language into English.
``(d) Requests for Additional Information.--In the case that the
Secretary of Homeland Security or a consular officer requests any
additional information relating to a petition or application filed with
the Secretary or consular officer relating to the issuance of a visa or
to the admission of an alien to the United States as an immigrant or as
a nonimmigrant, such petition or application may not be approved unless
all of the additional information requested is provided, or is shown to
have been previously provided, in complete form and is provided on or
before any reasonably established deadline included in the request.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 211 the following:
``Sec. 211A. Petition and application processing.''.
(c) Application.--The amendments made by this section shall apply
with respect to applications and petitions filed after the date of the
enactment of this Act.
SEC. 3111. FRAUD PREVENTION.
(a) Prospective Analytics Technology.--
(1) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate a plan for the use of advanced
analytics software to ensure the proactive detection of fraud
in immigration benefits applications and petitions and to
ensure that any such applicant or petitioner does not pose a
threat to national security.
(2) Implementation of plan.--Not later than 1 year after
the date of the submission of the plan under paragraph (1), the
Secretary of Homeland Security shall begin implementation of
the plan.
(b) Benefits Fraud Assessment.--
(1) In general.--The Secretary of Homeland Security, acting
through the Fraud Detection and Nationality Security
Directorate, shall complete a benefit fraud assessment by
fiscal year 2021 on each of the following:
(A) Petitions by VAWA self-petitioners (as such
term is defined in section 101(a)(51) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(51)).
(B) Applications or petitions for visas or status
under section 101(a)(15)(K) of such Act or under
section 201(b)(2) of such Act, in the case of spouses
(8 U.S.C. 1101(a)(15)(K)).
(C) Applications for visas or status under section
101(a)(27)(J) of such Act (8 U.S.C. 1101(a)(27)(J)).
(D) Applications for visas or status under section
101(a)(15)(U) of such Act (8 U.S.C. 1101(a)(15)(U)).
(E) Petitions for visas or status under section
101(a)(27)(C) of such Act (8 U.S.C. 1101(a)(27)(C)).
(F) Applications for asylum under section 208 of
such Act (8 U.S.C. 1158).
(G) Applications for adjustment of status under
section 209 of such Act (8 U.S.C. 1159).
(H) Petitions for visas or status under section
201(b) of such Act (8 U.S.C. 1151(b)).
(2) Reporting on findings.--Not later than 30 days after
the completion of each benefit fraud assessment under paragraph
(1), the Secretary shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate such assessment and recommendations
on how to reduce the occurrence of instances of fraud
identified by the assessment.
SEC. 3112. VISA INELIGIBILITY FOR SPOUSES AND CHILDREN OF DRUG
TRAFFICKERS.
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)) is amended--
(1) in subparagraph (C)(ii), by striking ``is the spouse,
son, or daughter'' and inserting ``is or has been the spouse,
son, or daughter''; and
(2) in subparagraph (H)(ii), by striking ``is the spouse,
son, or daughter'' and inserting ``is or has been the spouse,
son, or daughter''.
SEC. 3113. DNA TESTING.
Section 222(b) of the Immigration and Nationality Act (8 U.S.C.
1202(b)) is amended by inserting ``Where considered necessary, by the
consular officer or immigration official, to establish family
relationships, the immigrant shall provide DNA evidence of such a
relationship in accordance with procedures established for submitting
such evidence. The Secretary and the Secretary of State may, in
consultation, issue regulations to require DNA evidence to establish
family relationship, from applicants for certain visa
classifications.'' after ``and a certified copy of all other records or
documents concerning him or his case which may be required by the
consular officer.''.
SEC. 3114. ACCESS TO NCIC CRIMINAL HISTORY DATABASE FOR DIPLOMATIC
VISAS.
Subsection (a) of article V of section 217 of the National Crime
Prevention and Privacy Compact Act of 1998 (34 U.S.C. 40316(V)(a)) is
amended by inserting ``, except for diplomatic visa applications for
which only full biographical information is required'' before the
period at the end.
SEC. 3115. ELIMINATION OF SIGNED PHOTOGRAPH REQUIREMENT FOR VISA
APPLICATIONS.
Section 221(b) of the Immigration and Nationality Act (8 U.S.C.
1201(b)) is amended by striking the first sentence and insert the
following: ``Each alien who applies for a visa shall be registered in
connection with his or her application and shall furnish copies of his
or her photograph for such use as may be required by regulation.''.
SEC. 3116. ADDITIONAL FRAUD DETECTION AND PREVENTION.
Section 286(v)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1356(v)(2)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``at
United States embassies and consulates abroad'';
(2) by amending clause (i) to read as follows:
``(i) to increase the number of diplomatic
security personnel assigned exclusively or
primarily to the function of preventing and
detecting visa fraud;''; and
(3) in clause (ii), by striking ``, including primarily
fraud by applicants for visas described in subparagraph (H)(i),
(H)(ii), or (L) of section 101(a)(15)''.
TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER
PREVENTION AND ELIMINATION
SEC. 4101. SHORT TITLE.
This title may be cited as the ``Transnational Criminal
Organization Illicit Spotter Prevention and Elimination Act''.
SEC. 4102. ILLICIT SPOTTING.
Section 1510 of title 18, United States Code, is amended by adding
at the end the following:
``(f) Any person who knowingly transmits, by any means, to another
person the location, movement, or activities of any officer or agent of
a Federal, State, local, or tribal law enforcement agency with the
intent to further a criminal offense under the immigration laws (as
such term is defined in section 101 of the Immigration and Nationality
Act), the Controlled Substances Act, or the Controlled Substances
Import and Export Act, or that relates to agriculture or monetary
instruments shall be fined under this title or imprisoned not more than
10 years, or both.''.
SEC. 4103. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS
CONTROLS.
(a) Bringing in and Harboring of Certain Aliens.--Section 274(a) of
the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (2), by striking ``brings to or attempts
to'' and inserting the following: ``brings to or attempts or
conspires to''; and
(2) by adding at the end the following:
``(5) In the case of a person who has brought aliens into
the United States in violation of this subsection, the sentence
otherwise provided for may be increased by up to 10 years if
that person, at the time of the offense, used or carried a
firearm or who, in furtherance of any such crime, possessed a
firearm.''.
(b) Aiding or Assisting Certain Aliens To Enter the United
States.--Section 277 of the Immigration and Nationality Act (8 U.S.C.
1327) is amended--
(1) by inserting after ``knowingly aids or assists'' the
following: ``or attempts to aid or assist''; and
(2) by adding at the end the following: ``In the case of a
person convicted of an offense under this section, the sentence
otherwise provided for may be increased by up to 10 years if
that person, at the time of the offense, used or carried a
firearm or who, in furtherance of any such crime, possessed a
firearm.''.
(c) Destruction of United States Border Controls.--Section 1361 of
title 18, United States Code, is amended--
(1) by striking ``If the damage'' and inserting the
following:
``(1) Except as otherwise provided in this section, if the
damage''; and
(2) by adding at the end the following:
``(2) If the injury or depredation was made or attempted
against any fence, barrier, sensor, camera, or other physical
or electronic device deployed by the Federal Government to
control the border or a port of entry or otherwise was intended
to construct, excavate, or make any structure intended to
defeat, circumvent, or evade any such fence, barrier, sensor
camera, or other physical or electronic device deployed by the
Federal Government to control the border or a port of entry, by
a fine under this title or imprisonment for not more than 15
years, or both.
``(3) If the injury or depredation was described under
paragraph (2) and, in the commission of the offense, the
offender used or carried a firearm or, in furtherance of any
such offense, possessed a firearm, by a fine under this title
or imprisonment for not more than 20 years, or both.''.
TITLE V--BORDER SECURITY FUNDING
SEC. 5101. BORDER SECURITY FUNDING.
(a) Funding.--In addition to amounts otherwise made available by
this Act or any other provision of law, there is hereby appropriated to
the ``U.S. Customs and Border Protection--Procurement, Construction,
and Improvements'' account, out of any amounts in the Treasury not
otherwise appropriated, $23,400,000,000, to be available as described
in subsections (b) and (c), of which--
(1) $16,625,000,000 shall be for a border wall system along
the southern border of the United States, including physical
barriers and associated detection technology, roads, and
lighting; and
(2) $6,775,000,000 shall be for infrastructure, assets,
operations, and technology to enhance border security along the
southern border of the United States, including--
(A) border security technology, including
surveillance technology, at and between ports of entry;
(B) new roads and improvements to existing roads;
(C) U.S. Border Patrol facilities and ports of
entry;
(D) aircraft, aircraft-based sensors and associated
technology, vessels, spare parts, and equipment to
maintain such assets;
(E) a biometric entry and exit system; and
(F) family residential centers.
(b) Availability of Border Wall System Funds.--
(1) In general.--Of the amount appropriated in subsection
(a)(1)--
(A) $2,241,000,000 shall become available October
1, 2018;
(B) $1,808,000,000 shall become available October
1, 2019;
(C) $1,715,000,000 shall become available October
1, 2020;
(D) $2,140,000,000 shall become available October
1, 2021;
(E) $1,735,000,000 shall become available October
1, 2022;
(F) $1,746,000,000 shall become available October
1, 2023;
(G) $1,776,000,000 shall become available October
1, 2024;
(H) $1,746,000,000 shall become available October
1, 2025; and
(I) $1,718,000,000 shall become available October
1, 2026.
(2) Period of availability.--An amount made available under
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), or (I) of
paragraph (1) shall remain available for five years after the
date specified in that subparagraph.
(c) Availability of Border Security Investment Funds.--
(1) In general.--Of the amount appropriated in subsection
(a)(2)--
(A) $500,000,000 shall become available October 1,
2018;
(B) $1,850,000,000 shall become available October
1, 2019;
(C) $1,950,000,000 shall become available October
1, 2020;
(D) $1,925,000,000 shall become available October
1, 2021; and
(E) $550,000,000 shall become available October 1,
2022.
(2) Period of availability.--An amount made available under
subparagraph (A), (B), (C), (D), or (E) of paragraph (1) shall
remain available for five years after the date specified in
that subparagraph.
(3) Transfer authority.--
(A) In general.--Notwithstanding any limitation on
transfer authority in any other provision of law and
subject to the notification requirement in subparagraph
(B), the Secretary of Homeland Security may transfer
any amounts made available under paragraph (1) to the
``U.S. Customs and Border Protection--Operations and
Support'' account only to the extent necessary to carry
out the purposes described in subsection (a)(2).
(B) Notification required.--The Secretary shall
notify the Committees on Appropriations of the Senate
and the House of Representatives not later than 30 days
before each such transfer.
(d) Multi-Year Spending Plan.--The Secretary of Homeland Security
shall include in the budget justification materials submitted in
support of the President's annual budget request for fiscal year 2020
(as submitted under section 1105(a) of title 31, United States Code) a
multi-year spending plan for the amounts made available under
subsection (a).
(e) Expenditure Plan.--Each amount that becomes available in
accordance with subsection (b) or (c) may not be obligated until the
date that is 30 days after the date on which the Committees on
Appropriations of the Senate and the House of Representatives receive a
detailed plan, prepared by the Commissioner of U.S. Customs and Border
Protection, for the expenditure of such amount.
(f) Quarterly Briefing Requirement.--Beginning not later than 180
days after the date of the enactment of this Act, and quarterly
thereafter, the Commissioner of U.S. Customs and Border Protection
shall brief the Committees on Appropriations of the Senate and the
House of Representatives regarding activities under and progress made
in carrying out this section.
(g) Rules of Construction.--Nothing in this section may be
construed to limit the availability of funds made available by any
other provision of law for carrying out the requirements of this Act or
the amendments made by this Act. Any reference in this section to an
appropriation account shall be construed to include any successor
accounts.
(h) Discretionary Amounts.--Notwithstanding any other provision of
law, the amounts appropriated under subsection (a) are discretionary
appropriations (as that term is defined in section 250(c)(7) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(7)).
SEC. 5102. LIMITATION ON ADJUSTMENT OF STATUS.
If any amount under section 5101 is rescinded or transferred to
another account for use beyond the purposes specified in such section--
(1) a contingent nonimmigrant (as such term is defined in
section 1101 of division B) may not be provided with an
immigrant visa or adjust status to that of a lawful permanent
resident under this Act, the Immigration and Nationality Act,
or the immigration laws (as such term is defined in section 101
of the Immigration and Nationality Act (8 U.S.C. 1101); and
(2) beginning on October 1, 2019, an alien described in
paragraph (2) of section 203(c) of the Immigration and
Nationality Act (8 U.S.C. 1153(c)(2)) may not be provided with
an immigrant visa or adjust status to that of a lawful
permanent resident under such section.
SEC. 5103. EXCLUSION FROM PAYGO SCORECARDS.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
DIVISION B--IMMIGRATION REFORM
TITLE I--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS
SEC. 1101. DEFINITIONS.
In this division:
(1) In general.--Except as otherwise specifically provided,
the terms used in this division have the meanings given such
terms in subsections (a) and (b) of section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Contingent nonimmigrant.--The term ``contingent
nonimmigrant'' means an alien who is granted nonimmigrant
status under this division.
(3) Educational institution.--The term ``educational
institution'' means--
(A) an institution that is described in section
102(a)(1) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)(1)) except an institution described in
subparagraph (C) of such section;
(B) an elementary, primary, or secondary school
within the United States; or
(C) an educational program assisting students
either in obtaining a high school equivalency diploma,
certificate, or its recognized equivalent under State
law, or in passing a General Educational Development
exam or other equivalent State-authorized exam or other
applicable State requirements for high school
equivalency.
(4) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(5) Sexual assault.--The term ``sexual assault'' means--
(A) conduct constituting a criminal offense of
rape, as described in section 101(a)(43)(A) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(A)), or conduct punishable under section
2241 (relating to aggravated sexual abuse), section
2242 (relating to sexual abuse), or section 2243
(relating to sexual abuse of a minor or ward) of title
18, United States Code;
(B) conduct constituting a criminal offense of
statutory rape, or any offense of a sexual nature
involving a victim under the age of 18 years, as
described in section 101(a)(43)(A) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(43)(A));
(C) conduct punishable under section 2251 or 2251A
(relating to the sexual exploitation of children and
the selling or buying of children), or section 2252 or
2252A (relating to certain activities relating to
material involving the sexual exploitation of minors or
relating to material constituting or containing child
pornography) of title 18, United States Code; or
(D) conduct constituting the elements of any other
Federal or State sexual offense requiring a defendant,
if convicted, to register on a sexual offender registry
(except that this provision shall not apply to
convictions solely for urinating or defecating in
public).
(6) Victim.--The term ``victim'' has the meaning given the
term in section 503(e) of the Victims' Rights and Restitution
Act of 1990 (42 U.S.C. 10607(e)).
SEC. 1102. CONTINGENT NONIMMIGRANT STATUS ELIGIBILITY AND APPLICATION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may grant contingent nonimmigrant status to an alien who--
(1) meets the eligibility requirements set forth in
subsection (b);
(2) submits a completed application before the end of the
period set forth in subsection (c)(2); and
(3) has paid the fees required under subsection (c)(5).
(b) Eligibility Requirements.--
(1) In general.--An alien is eligible for contingent
nonimmigrant status if the alien establishes by clear and
convincing evidence that the alien meets the requirements set
forth in this subsection.
(2) General requirements.--The requirements under this
paragraph are that the alien--
(A) is physically present in the United States on
the date on which the alien submits an application for
contingent nonimmigrant status;
(B) was physically present in the United States on
June 15, 2007;
(C) was younger than 16 years of age on the date
the alien initially entered the United States;
(D) is a person of good moral character;
(E) was under 31 years of age on June 15, 2012;
(F) has maintained continuous physical presence in
the United States from June 15, 2012, until the date on
which the alien is granted contingent nonimmigrant
status under this section;
(G) had no lawful immigration status on June 15,
2012; and
(H) has requested the release to the Department of
Homeland Security of all records regarding their being
adjudicated delinquent in State or local juvenile court
proceedings, and the Department has obtained all such
records.
(3) Education requirement.--
(A) In general.--An alien may not be granted
contingent nonimmigrant status under this section
unless the alien establishes by clear and convincing
evidence that the alien--
(i) is enrolled in, and is in regular full-
time attendance at, an educational institution
within the United States; or
(ii) has acquired a diploma or degree from
a high school in the United States or the
equivalent of such a diploma as recognized
under State law (such as a general equivalency
diploma, certificate of completion, or
certificate of attendance).
(B) Evidence.--An alien shall demonstrate
compliance with clause (i) or (ii) of subparagraph (A)
by providing a valid certified transcript or diploma
from the educational institution the alien is enrolled
in or from which the alien has acquired a diploma or
certificate.
(C) Disability waiver.--Subparagraph (A) shall not
apply in the case of an alien if the Secretary
determines on a case by case basis that the alien is
unable because of a physical or developmental
disability or mental impairment to meet the requirement
of such subparagraph.
(4) Grounds for ineligibility.--An alien is ineligible for
contingent nonimmigrant status if the Secretary determines that
the alien--
(A) has a conviction for--
(i) an offense classified as a felony in
the convicting jurisdiction;
(ii) an aggravated felony (except that in
applying such term for purposes of this
paragraph, subparagraph (N) of section
101(a)(43) does not apply);
(iii) an offense classified as a
misdemeanor in the convicting jurisdiction
which involved--
(I) domestic violence (as such term
is defined in section 40002(a) of the
Violence Against Women Act of 1994 (34
U.S.C. 12291(a)));
(II) child abuse or neglect (as
such term is defined in section
40002(a) of the Violence Against Women
Act of 1994 (34 U.S.C. 12291(a)));
(III) assault resulting in bodily
injury (as such term is defined in
section 2266 of title 18, United States
Code); or
(IV) the violation of a protection
order (as such term is defined in
section 2266 of title 18, United States
Code);
(iv) one or more offenses classified as a
misdemeanor in the convicting jurisdiction
which involved driving while intoxicated or
driving under the influence (as such terms are
defined in section 164(a)(2) of title 23,
United States Code);
(v) two or more misdemeanors (excluding
minor traffic offenses that did not involve
driving while intoxicated or driving under the
influence, or that did not subject any
individual other than the alien to bodily
injury); or
(vi) any offense under foreign law, except
for a purely political offense, which, if the
offense had been committed in the United
States, would render the alien inadmissible
under section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) or
deportable under section 237(a) of such Act (8
U.S.C. 1227(a));
(B) has been adjudicated delinquent in a State or
local juvenile court proceeding for an offense
equivalent to--
(i) an offense relating to murder,
manslaughter, homicide, rape (whether the
victim was conscious or unconscious), statutory
rape, or any offense of a sexual nature
involving a victim under the age of 18 years,
as described in section 101(a)(43)(A) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(A));
(ii) a crime of violence, as such term is
defined in section 16 of title 18, United
States Code; or
(iii) an offense punishable under section
401 of the Controlled Substances Act (21 U.S.C.
841);
(C) has a conviction for any other criminal
offense, with regard to which the alien has not
satisfied any requirement to pay restitution or any
civil legal judgements awarded to any victims (or
family members of victims) of the crime;
(D) is described in section 212(a)(2)(N) of the
Immigration and Nationality Act (8 U.S.C. 1882(a)(2))
(relating to aliens associated with criminal gangs);
(E) is inadmissible under section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)),
except that in determining an alien's inadmissibility,
paragraphs (5)(A), (6)(A), (6)(D), (6)(G), (7), (9)(B),
and (9)(C)(i)(I) of such section shall not apply;
(F) is deportable under section 237(a) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)),
except that in determining an alien's deportability--
(i) subparagraph (A) of section 237(a)(1)
of such Act shall not apply with respect to
grounds of inadmissibility that do not apply
pursuant to subparagraph (C) of such section;
and
(ii) subparagraphs (B) through (D) of
section 237(a)(1) and section 237(a)(3)(A) of
such Act shall not apply;
(G) was, on the date of the enactment of this Act--
(i) an alien lawfully admitted for
permanent residence;
(ii) an alien admitted as a refugee under
section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157), or granted asylum under
section 208 of the Immigration and Nationality
Act (8 U.S.C. 1157 and 1158); or
(iii) an alien who, according to the
records of the Secretary or the Secretary of
State, is lawfully present in the United States
in any nonimmigrant status, notwithstanding any
unauthorized employment or other violation of
nonimmigrant status;
(H) has failed to comply with the requirements of
any removal order or voluntary departure agreement;
(I) has been ordered removed in absentia pursuant
to section 240(b)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1229a(b)(5)(A)), unless the
case has been reopened;
(J) if over the age of 18, has failed to
demonstrate that he or she is able to maintain himself
or herself at an annual income that is not less than
125 percent of the Federal poverty level throughout the
period of admission as a contingent nonimmigrant,
unless the alien has demonstrated that the alien is
enrolled in, and is in regular full-time attendance at,
an educational institution within the United States,
except that the requirement under this subparagraph
shall not apply in the case of an alien if the
Secretary determines on a case by case basis that the
alien--
(i) is unable because of a physical or
developmental disability or mental impairment
to meet the requirement of such subparagraph;
or
(ii) is the primary caregiver of--
(I) a child under 18 years of age;
or
(II) a child 18 years of age or
over, spouse, parent, grandparent, or
sibling, who is incapable of self-care
because of a mental or physical
disability or who has a serious injury
or illness (as such term is defined in
section 101(18) of the Family and
Medical Leave Act of 1993 (29 U.S.C.
2611(18)));
(K) has not attested that such alien is not
delinquent with respect to any Federal, State, or local
income or property tax liability, and has not attested
that such alien does not have income that would result
in tax liability under section 1 of the Internal
Revenue Code of 1986 and that was not reported to the
Internal Revenue Service; or
(L) has at any time been convicted of sexual
assault.
(5) Treatment of certain breaks in presence.--For purposes
of paragraph (2), any period of travel outside the United
States by an alien that was authorized by the Secretary may not
be considered to interrupt any period of continuous physical
presence.
(c) Application Procedures.--
(1) In general.--An alien may apply for contingent
nonimmigrant status by submitting a completed application form
via electronic filing to the Secretary during the application
period set forth in paragraph (2), in accordance with the
interim final rule made by the Secretary under section 1107.
(2) Application period.--The Secretary may only accept
applications for contingent nonimmigrant status from aliens in
the United States during the 1-year period beginning on the
date on which the interim final rule is published in the
Federal Register pursuant to section 1107, except that the
Secretary may extend such period for not more than one 90-day
period.
(3) Application form.--
(A) Required information.--The application form
referred to in paragraph (1) shall collect such
information as the Secretary determines to be necessary
and appropriate in order to determine whether an alien
meets the eligibility requirements set forth in
subsection (b). The Secretary shall by rule require
applicants to provide substantiating information
necessary to evaluate the attestation of the alien
relevant to the grounds of ineligibility under
subsection (b)(4)(K), including, as applicable, tax
returns and return information available to the
applicant under section 6103(e) of the Internal Revenue
Code of 1986 (26 U.S.C. 6103(e)), evidence of tax
refunds, and receipts of taxes paid.
(B) Interview.--The Secretary may conduct an in-
person interview of each applicant for contingent
nonimmigrant status under this section as part of the
determination as to whether the alien meets the
eligibility requirements set forth in subsection (b).
(4) Documentary requirements.--An application filed by an
alien under this section shall include the following:
(A) One or more of the following documents
demonstrating the alien's identity:
(i) A passport (or national identity
document) from the alien's country of origin.
(ii) A certified birth certificate along
with photo identification.
(iii) A State-issued identification card
bearing the alien's name and photograph.
(iv) An Armed Forces identification card
issued by the Department of Defense.
(v) A Coast Guard identification card
issued by the Department of Homeland Security.
(vi) A document issued by the Department of
Homeland Security.
(vii) A travel document issued by the
Department of State.
(B) A certified copy of the alien's birth
certificate or certified school transcript
demonstrating that the alien satisfies the requirement
of subsection (b)(2)(C) and (E).
(C) A certified school transcript demonstrating
that the alien satisfies the requirements of subsection
(b)(3).
(5) Fees.--
(A) Standard processing fee.--
(i) In general.--Aliens applying for
contingent nonimmigrant status under this
section shall pay a processing fee to the
Department of Homeland Security in an amount
determined by the Secretary.
(ii) Recovery of costs.--The processing fee
authorized under clause (i) shall be set at a
level that is, at a minimum, sufficient to
recover the full costs of processing the
application, including any costs incurred--
(I) to adjudicate the application;
(II) to take and process
biometrics;
(III) to perform national security
and criminal checks;
(IV) to prevent and investigate
fraud; and
(V) to administer the collection of
such fee.
(iii) Deposit and use of processing fees.--
Fees collected under clause (i) shall be
deposited into the Immigration Examinations Fee
Account pursuant to section 286(m) of the
Immigration and Nationality Act (8 U.S.C.
1356(m)).
(B) Border security fee.--
(i) In general.--Aliens applying for
contingent nonimmigrant status under this
section shall pay a one-time border security
fee to the Department of Homeland Security in
an amount of $1,000, which may be paid in
installments.
(ii) Use of border security fees.--Fees
collected under clause (i) shall be available,
to the extent provided in advance in
appropriation Acts, to the Secretary of
Homeland Security for the purposes of carrying
out division A, and the amendments made by that
division.
(6) Aliens apprehended before or during the application
period.--If an alien who is apprehended during the period
beginning on the date of the enactment of this Act and ending
on the last day of the application period described in
paragraph (2) appears prima facie eligible for contingent
nonimmigrant status, to the satisfaction of the Secretary, the
Secretary--
(A) shall provide the alien with a reasonable
opportunity to file an application under this section
during such application period; and
(B) may not remove the individual until the
Secretary has denied the application, unless the
Secretary, in the Secretary's sole and unreviewable
discretion, determines that expeditious removal of the
alien is in the national security, public safety, or
foreign policy interests of the United States, or the
Secretary will be required for constitutional reasons
or court order to release the alien from detention.
(7) Suspension of removal during application period.--
(A) Aliens in removal proceedings.--Notwithstanding
any other provision of this division, if the Secretary
determines that an alien, during the period beginning
on the date of the enactment of this Act and ending on
the last day of the application period described in
subsection (c)(2), is in removal, deportation, or
exclusion proceedings before the Executive Office for
Immigration Review and is prima facie eligible for
contingent nonimmigrant status under this section--
(i) the Secretary shall provide the alien
with the opportunity to file an application for
such status; and
(ii) upon motion by the alien and with the
consent of the Secretary, the Executive Office
for Immigration Review shall--
(I) provide the alien a reasonable
opportunity to apply for such status;
and
(II) if the alien applies within
the time frame provided, suspend such
proceedings until the Secretary has
made a determination on the
application.
(B) Aliens ordered removed.--If an alien who meets
the eligibility requirements set forth in subsection
(b) is present in the United States and has been
ordered excluded, deported, or removed, or ordered to
depart voluntarily from the United States pursuant to
section 212(a)(6)(A)(i) or 237(a)(1)(B) or (C) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(A)(i), 1227(a)(1)(B) or (C)), the Secretary
shall provide the alien with the opportunity to file an
application for contingent nonimmigrant status provided
that the alien has not failed to comply with any order
issued pursuant to section 239 or 240B of the
Immigration and Nationality Act (8 U.S.C. 1229, 1229c).
(C) Period pending adjudication of application.--
During the period beginning on the date on which an
alien applies for contingent nonimmigrant status under
subsection (c) and ending on the date on which the
Secretary makes a determination regarding such
application, an otherwise removable alien may not be
removed from the United States unless--
(i) the Secretary makes a prima facie
determination that such alien is, or has
become, ineligible for contingent nonimmigrant
status under subsection (b); or
(ii) the Secretary, in the Secretary's sole
and unreviewable discretion, determines that
removal of the alien is in the national
security, public safety, or foreign policy
interest of the United States.
(8) Security and law enforcement clearances.--
(A) Biometric and biographic data.--The Secretary
may not grant contingent nonimmigrant status to an
alien under this section unless such alien submits
biometric and biographic data in accordance with
procedures established by the Secretary.
(B) Alternative procedures.--The Secretary may
provide an alternative procedure for applicants who
cannot provide the biometric data required under
subparagraph (A) due to a physical impairment.
(C) Clearances.--
(i) Data collection.--The Secretary shall
collect, from each alien applying for status
under this section, biometric, biographic, and
other data that the Secretary determines to be
appropriate--
(I) to conduct national security
and law enforcement checks; and
(II) to determine whether there are
any factors that would render an alien
ineligible for such status.
(ii) Additional security screening.--The
Secretary, in consultation with the Secretary
of State and the heads of other agencies as
appropriate, shall conduct an additional
security screening upon determining, in the
Secretary's opinion based upon information
related to national security, that an alien is
or was a citizen or resident of a region or
country known to pose a threat, or that
contains groups or organizations that pose a
threat, to the national security of the United
States.
(iii) Prerequisite.--The required
clearances and screenings described in clauses
(i)(I) and (ii) shall be completed before the
alien may be granted contingent nonimmigrant
status.
(9) Confidentiality of information.--No information
provided in a nonfraudulent application for contingent
nonimmigrant status which is related to the immigration status
of the parent of an applicant for such status, which is not
otherwise available to the Secretary of Homeland Security, may
be used for the purpose of initiating or proceeding with
removal proceedings with respect to such a parent.
(d) Work Authorization Renewals.--Beginning on the date of the
enactment of this Act and ending on the date on which an alien's
application for contingent nonimmigrant status has been finally
adjudicated, the Secretary shall, upon the application of an alien--
(1) renew the employment authorization for an alien who
possesses an Employment Authorization Document that was valid
on the date of the enactment of this Act, and that was issued
pursuant to the June 15, 2012, U.S. Department of Homeland
Security Memorandum entitled, ``Exercising Prosecutorial
Discretion With Respect to Individuals Who Came to the United
States as Children'' who demonstrates economic necessity; and
(2) grant employment authorization to an alien who appears
prima facie eligible for contingent nonimmigrant status, who
attains the age of 15 after the date of the enactment of this
Act, and who demonstrates economic necessity.
SEC. 1103. TERMS AND CONDITIONS OF CONDITIONAL NONIMMIGRANT STATUS.
(a) Duration of Status and Extension.--The initial period of
contingent nonimmigrant status--
(1) shall be 6 years unless revoked pursuant to subsection
(d); and
(2) may be extended for additional 6-year terms if--
(A) the alien remains eligible for contingent
nonimmigrant status under paragraphs (1), (2), and (4)
of section 1102(b) (other than with regard to the
requirement under paragraph (4)(J) of such subsection);
(B) the alien again passes background checks
equivalent to the background checks described in
section 1102(c)(9); and
(C) such status was not revoked by the Secretary
for any reason.
(b) Terms and Conditions of Contingent Nonimmigrant Status.--
(1) Work authorization.--The Secretary shall grant
employment authorization to an alien granted contingent
nonimmigrant status who demonstrates economic necessity.
(2) Travel outside the united states.--
(A) In general.--The status of a contingent
nonimmigrant who is absent from the United States
without authorization shall be subject to revocation
under subsection (d).
(B) Authorization.--The Secretary may authorize a
contingent nonimmigrant to travel outside the United
States and shall grant the contingent nonimmigrant
reentry provided that the contingent nonimmigrant--
(i) was not absent from the United States
for a continuous period in excess of 180 days
during each 6-year period that the alien is in
contingent nonimmigrant status, unless the
contingent nonimmigrant's failure to return was
due to extenuating circumstances beyond the
individual's control or as part of the alien's
active duty service in the Armed Forces of the
United States; and
(ii) is otherwise admissible to the United
States, except as provided in section
1102(b)(4)(E).
(C) Study abroad.--For purposes of subparagraph
(B)(i), in the case of a contingent nonimmigrant who
was absent from the United States for participation in
a study abroad program offered by an institution of
higher education (as such term is defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), 60 of such days shall not be counted towards
the period described in such subparagraph.
(3) Ineligibility for coverage through health exchanges.--
In applying section 1312(f)(3) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18032(f)(3)), a contingent
nonimmigrant shall not be treated as an individual who is, or
is reasonably expected to be, a citizen or national of the
United States or an alien lawfully present in the United
States.
(4) Federal, state, and local public benefits.--For
purposes of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.),
a contingent nonimmigrant shall not be considered a qualified
alien under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
(5) Authorization for enlistment.--Section 504(b)(1) of
title 10, United States Code, is amended by adding at the end
the following new subparagraph:
``(D) A contingent nonimmigrant (as such term is
defined in section 1101 of division B of the Border
Security and Immigration Reform Act of 2018).''.
(c) Revocation.--
(1) In general.--The Secretary shall revoke the status of a
contingent nonimmigrant at any time if the alien--
(A) no longer meets the eligibility requirements
set forth in section 1102(b)(2)(D), (3), (4)(A) through
(D), (4)(E) through (I), and (4)(N);
(B) knowingly uses documentation issued under this
section for an unlawful or fraudulent purpose; or
(C) was absent from the United States at any time
without authorization after being granted contingent
nonimmigrant status.
(2) Additional evidence.--In determining whether to revoke
an alien's status under paragraph (1), the Secretary may
require the alien--
(A) to submit additional evidence; or
(B) to appear for an in-person interview.
(3) Invalidation of documentation.--If an alien's
contingent nonimmigrant status is revoked under paragraph (1),
any documentation issued by the Secretary to such alien under
this section shall automatically be rendered invalid for any
purpose except for departure from the United States.
SEC. 1104. ADJUSTMENT OF STATUS.
Beginning on the date that is 5 years after an alien becomes a
contingent nonimmigrant, if that alien retains status as a contingent
nonimmigrant, then in applying section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255(a)) to the alien--
(1) such alien shall be deemed to have been inspected and
admitted into the United States; and
(2) in determining the alien's admissibility as an
immigrant, paragraphs (5)(A), (6)(A), (6)(D), (6)(G), (7),
(9)(B), and (9)(C)(i)(I) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)) shall not apply.
SEC. 1105. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Exclusive Administrative Review.--Administrative review of a
determination of an application for status, extension of status, or
revocation of status under this division shall be conducted solely in
accordance with this section.
(b) Administrative Appellate Review.--
(1) Establishment of administrative appellate authority.--
The Secretary shall establish or designate an appellate
authority to provide for a single level of administrative
appellate review of a determination with respect to
applications for status, extension of status, or revocation of
status under this division.
(2) Single appeal for each administrative decision.--
(A) In general.--An alien in the United States
whose application for status under this division has
been denied or revoked may file with the Secretary not
more than 1 appeal, pursuant to this subsection, of
each decision to deny or revoke such status.
(B) Notice of appeal.--A notice of appeal filed
under this subparagraph shall be filed not later than
30 calendar days after the date of service of the
decision of denial or revocation.
(3) Record for review.--Administrative appellate review
under this subsection shall be de novo and based only on--
(A) the administrative record established at the
time of the determination on the application; and
(B) any additional newly discovered or previously
unavailable evidence.
(c) Judicial Review.--
(1) Applicable provisions.--Judicial review of an
administratively final denial or revocation of, or failure to
extend, an application for status under this division shall be
governed only by chapter 158 of title 28, except as provided in
paragraphs (2) and (3) of this subsection, and except that a
court may not order the taking of additional evidence under
section 2347(c) of such chapter.
(2) Single appeal for each administrative decision.--An
alien in the United States whose application for status under
this division has been denied, revoked, or failed to be
extended, may file not more than 1 appeal, pursuant to this
subsection, of each decision to deny or revoke such status.
(3) Limitation on civil actions.--
(A) Class actions.--No court may certify a class
under Rule 23 of the Federal Rules of Civil Procedure
in any civil action filed after the date of the
enactment of this Act pertaining to the administration
or enforcement of the application for status under this
division.
(B) Requirements for an order granting prospective
relief against the government.--If a court determines
that prospective relief should be ordered against the
Government in any civil action pertaining to the
administration or enforcement of the application for
status under this division, the court shall--
(i) limit the relief to the minimum
necessary to correct the violation of law;
(ii) adopt the least intrusive means to
correct the violation of law;
(iii) minimize, to the greatest extent
practicable, the adverse impact on national
security, border security, immigration
administration and enforcement, and public
safety;
(iv) provide for the expiration of the
relief on a specific date, which allows for the
minimum practical time needed to remedy the
violation; and
(v) limit the relief to the case at issue
and shall not extend any prospective relief to
include any other application for status under
this division pending before the Secretary or
in a Federal court (whether in the same or
another jurisdiction).
SEC. 1106. PENALTIES AND SIGNATURE REQUIREMENTS.
(a) Penalties for False Statements in Applications.--Whoever files
an initial or renewal application for contingent nonimmigrant status
under this division and knowingly and willfully falsifies,
misrepresents, conceals, or covers up a material fact or makes any
false, fictitious, or fraudulent statements or representations, or
makes or uses any false writing or document knowing the same to contain
any false, fictitious, or fraudulent statement or entry, shall be fined
in accordance with title 18, United States Code, or imprisoned not more
than 5 years, or both.
(b) Signature Requirements.--An applicant under this division shall
sign their application, and the signature shall be an original
signature, including an electronically submitted signature. A parent or
legal guardian may sign for a child or for an applicant whose physical
or developmental disability or mental impairment prevents the applicant
from being competent to sign. In such a case, the filing shall include
evidence of parentage or legal guardianship.
SEC. 1107. RULEMAKING.
Not later than June 1, 2019, the Secretary shall make interim final
rules to implement this title.
SEC. 1108. STATUTORY CONSTRUCTION.
Except as specifically provided, nothing in this division may be
construed to create any substantive or procedural right or benefit that
is legally enforceable by any party against the United States or its
agencies or officers or any other person.
SEC. 1109. ADDITION OF DEFINITION.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by adding at the end the following:
``(54) The term `contingent nonimmigrant' has the meaning
given that term in section 1101(b)(2) of division B of the
Border Security and Immigration Reform Act of 2018.''.
TITLE II--IMMIGRANT VISA ALLOCATIONS AND PRIORITIES
SEC. 2101. ELIMINATION OF DIVERSITY VISA PROGRAM.
(a) In General.--Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153) is amended by striking subsection (c).
(b) Technical and Conforming Amendments.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 201--
(A) in subsection (a), by striking paragraph (3);
(B) by striking subsection (e);
(2) in section 203--
(A) in subsection (b)(2)(B)(ii)(IV), by striking
``section 203(b)(2)(B)'' each place such term appears
and inserting ``clause (i)'';
(B) in subsection (d), by striking ``subsection
(a), (b), or (c)'' and inserting ``subsection (a) or
(b)'';
(C) in subsection (e), by striking paragraph (2);
(D) in subsection (f), by striking ``subsection
(a), (b), or (c) of this section'' and inserting
``subsection (a) or (b)'';
(E) in subsection (g), by striking ``subsections
(a), (b), and (c)'' and inserting ``subsections (a) and
(b)''; and
(F) in subsection (h)(2)(B), by striking
``subsection (a), (b), or (c)'' and inserting
``subsection (a) or (b)''; and
(3) in section 204(a)(1), by striking subparagraph (I).
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2019.
SEC. 2102. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(3), by striking ``both subsections
(a) and (b) of section 203'' and inserting ``section 203(a)'';
(2) in subsection (a)(4), by striking subparagraph (D);
(3) by striking subsection (a)(5); and
(4) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is determined
that the total number of immigrant visas made available under section
203(a) to natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2) in any
fiscal year, in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to natives of
that state or area shall be allocated (to the extent practicable and
otherwise consistent with this section and section 203) in a manner so
that, except as provided in subsection (a)(4), the proportion of the
visa numbers made available under each of paragraphs (1) and (2) of
section 203(a) is equal to the ratio of the total number of visas made
available under the respective paragraph to the total number of visas
made available under section 203(a).''.
(c) Country-specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Transition Rules for Employment-based Immigrants.--
(1) In general.--Subject to the succeeding paragraphs of
this subsection and notwithstanding title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.), the following
rules shall apply:
(A) For fiscal year 2019, 15 percent of the
immigrant visas made available under each of paragraphs
(2) and (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2018 under such paragraphs.
(B) For fiscal year 2020, 10 percent of the
immigrant visas made available under each of such
paragraphs shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2019 under such paragraphs.
(C) For fiscal year 2021, 10 percent of the
immigrant visas made available under each of such
paragraphs shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2020 under such paragraphs.
(2) Per-country levels.--
(A) Reserved visas.--With respect to the visas
reserved under each of subparagraphs (A) through (C) of
paragraph (1), the number of such visas made available
to natives of any single foreign state or dependent
area in the appropriate fiscal year may not exceed 25
percent (in the case of a single foreign state) or 2
percent (in the case of a dependent area) of the total
number of such visas.
(B) Unreserved visas.--With respect to the
immigrant visas made available under each of paragraphs
(2) and (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) and not reserved under paragraph (1), for each
of fiscal years 2019, 2020, and 2021, not more than 85
percent shall be allotted to immigrants who are natives
of any single foreign state.
(3) Special rule to prevent unused visas.--If, with respect
to fiscal year 2019, 2020, or 2021, the operation of paragraphs
(1) and (2) of this subsection would prevent the total number
of immigrant visas made available under paragraph (2) or (3) of
section 203(b) of such Act (8 U.S.C. 1153(b)) from being
issued, such visas may be issued during the remainder of such
fiscal year without regard to paragraphs (1) and (2) of this
subsection.
(4) Rules for chargeability.--Section 202(b) of such Act (8
U.S.C. 1152(b)) shall apply in determining the foreign state to
which an alien is chargeable for purposes of this subsection.
(e) Effective Date.--The amendments made by this section shall take
effect as if enacted on September 30, 2018, and shall apply to fiscal
years beginning with fiscal year 2019.
SEC. 2103. FAMILY-SPONSORED IMMIGRATION PRIORITIES.
(a) In General.--Section 203(a) of the Immigration and Nationality
Act (8 U.S.C. 1153(a)) is amended--
(1) in paragraph (1), by striking ``paragraph (4)'' and
inserting ``paragraph (2)''; and
(2) by striking paragraphs (3) and (4).
(b) Conforming Amendments.--
(1) Procedure for granting immigrant status.--Section 204
of such Act (8 U.S.C. 1154) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)(i), by striking
``paragraph (1), (3), or (4)'' and inserting
``paragraph (1)'';
(ii) in subparagraph (B)(i), by
redesignating the second subclause (I) as
subclause (II); and
(iii) in subparagraph (D)(i)(I), by
striking ``paragraph (1), (2), or (3)'' and
inserting ``paragraph (1) or (2)''; and
(B) in subsection (f)(1), by striking ``,
203(a)(1), or 203(a)(3)'' and inserting ``or
203(a)(1)''.
(2) Waivers of inadmissibility.--Section 212 of such Act (8
U.S.C. 1182) is amended in subsection (d)(11), by striking
``(other than paragraph (4) thereof)''.
(3) Rules for determining whether certain aliens are
immediate relatives.--Section 201(f) of such Act (8 U.S.C.
1151(f)) is amended--
(A) by striking paragraph (3);
(B) by redesignating paragraph (4) as paragraph
(3); and
(C) in paragraph (3), as redesignated, by striking
``(1) through (3)'' and inserting ``(1) and (2)''.
(c) Effective Date; Applicability.--
(1) Effective date.--The amendments made by this section
shall take effect on October 1, 2019.
(2) Invalidity of certain petitions and applications.--
(A) In general.--No person may file, and the
Secretary of Homeland Security and the Secretary of
State may not accept, adjudicate, or approve any
petition under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) filed on or after the
date of enactment of this Act seeking classification of
an alien under section 203(a)(3) or (4) of such Act (8
U.S.C. 1153(a)). Any application for adjustment of
status or an immigrant visa based on such a petition
shall be invalid.
(B) Pending petitions.--Neither the Secretary of
Homeland Security nor the Secretary of State may
adjudicate or approve any petition under section 204 of
the Immigration and Nationality Act (8 U.S.C. 1154)
pending as of the date of enactment of this Act seeking
classification of an alien under section 203(a)(3) or
(4) of such Act (8 U.S.C. 1153(a)). Any application for
adjustment of status or an immigrant visa based on such
a petition shall be invalid.
(3) Applicability to waitlisted applicants.--An alien with
regard to whom a petition or application for status under
paragraph (3) or (4) of section 203(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)), was approved prior to the
date of the enactment of this Act, may be issued a visa
pursuant to that paragraph subject to the availability of visas
allocated to that category for fiscal year 2019.
SEC. 2104. ALLOCATION OF IMMIGRANT VISAS FOR CONTINGENT NONIMMIGRANTS
AND CHILDREN OF CERTAIN NONIMMIGRANTS.
(a) In General.--Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153), as amended by this title, is further amended--
(1) by inserting after subsection (b) the following:
``(c) Adjustment for Contingent Nonimmigrants and Children of
Certain Nonimmigrants.--
``(1) In general.--Aliens subject to the worldwide level
specified in section 201(e) for immigrants who shall be
allotted visas in accordance with section 204(a)(1)(I) are--
``(A) contingent nonimmigrants; and
``(B) aliens described in paragraph (2).
``(2) Aliens described.--An alien described in this
paragraph is an alien who--
``(A) is the son or daughter of an alien admitted
under--
``(i) section 101(a)(15)(E)(i) or (E)(ii);
``(ii) section 101(a)(15)(H)(i)(b); or
``(iii) section 101(a)(15)(L);
``(B) initially entered the United States aged less
than 16 years as a dependent of the parent described in
subparagraph (A) while the parent was in such status;
``(C) maintained--
``(i) lawful status for the 10-year period
prior to the date of the enactment of the
Border Security and Immigration Reform Act of
2018; and
``(ii) continuous physical presence in the
United States (except in accordance with the
terms of the alien's visa or lawful status) for
the period described in clause (i); and
``(D) was not in an unlawful immigration status on
the date on which the alien submits a petition for an
immigrant visa under section 204(a)(1)(I).
``(3) Point system.--An alien seeking to be classified as
an immigrant under this subsection shall submit a petition, in
such form and manner as the Secretary of Homeland Security may
require, setting forth such information as the Secretary may
require in order to make awards of points for that petitioner
in each of the following categories:
``(A) Education.--A petitioner shall be awarded
points for a single degree, equal to the highest point
award of the following for which the petitioner is
eligible:
``(i) 4 points for a diploma or degree from
a foreign school that is comparable to a high
school in the United States.
``(ii) 6 points for a diploma or degree
from a high school in the United States, or the
equivalent of such a diploma as recognized
under State law (such as a general equivalency
diploma, certificate of completion, or
certificate of attendance).
``(iii) 8 points for an associate's degree
(or the equivalent) from a foreign institution
that is comparable to an institution of higher
education in the United States.
``(iv) 10 points for an associate's degree
from an institution of higher education in the
United States.
``(v) 12 points for a bachelor's degree (or
the equivalent) from a foreign institution that
is comparable to an institution of higher
education in the United States.
``(vi) 15 points for a degree from for a
recognized postsecondary credential (as defined
in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102), including a
certificate of completion of an apprenticeship
(including an apprenticeships registered under
the Act of August 16, 1937 (commonly known as
the `National Apprenticeship Act'; 50 Stat.
664, chapter 663; 29 U.S.C. 50 et seq.)),
except that such term does not include an
associate's or bachelor's degree).
``(vii) 15 points for a bachelor's degree
from an institution of higher education in the
United States.
``(viii) 15 points for a graduate or
professional degree (or the equivalent) from a
foreign institution that is comparable to an
institution of higher education in the United
States.
``(ix) 17 points for a degree described in
clause (v), which is in a field of science,
technology, engineering, or mathematics.
``(x) 17 points for a graduate or
professional degree from an institution of
higher education in the United States.
``(xi) 22 points for a degree described in
clause (vii), which is in a field of science,
technology, engineering, or mathematics.
``(xii) 24 points for a degree described in
clause (viii) or (x), which is in a field of
science, technology, engineering, or
mathematics.
``(xiii) 26 points for a doctoral degree
(or the equivalent) from a foreign institution
that is comparable to an institution of higher
education in the United States.
``(xiv) 28 points for a doctoral degree
from an institution of higher education in the
United States.
``(xv) 30 points for a degree described in
clause (x), which is in a field of science,
technology, engineering, or mathematics from a
covered institution.
``(xvi) 30 points for a doctorate of
medicine (or the equivalent) from a foreign
graduate medical school that is comparable to a
graduate medical school at an institution of
higher education in the United States.
``(xvii) 34 points for a degree described
in clause (xiii) or (xiv), which is in a field
of science, technology, engineering, or
mathematics.
``(xviii) 34 points for a doctorate of
medicine from graduate medical school at an
institution of higher education in the United
States.
``(xix) 40 points for a degree described in
clause (xiv), which is in a field of science,
technology, engineering, or mathematics from a
covered institution.
``(B) Employment.--A petitioner shall be awarded
points for each 2-year period in which the petitioner
is employed on a full-time basis, equal to \1/3\ of the
points awarded under subparagraph (A) for the lowest
degree that is required for any position held during
such period. In the case of a position for which no
degree is required, the position shall be considered to
require a diploma or degree described in subparagraph
(A)(ii). A single period of not more than 2 weeks
during which a petitioner is unemployed, but is in
receipt of a job offer, shall not be considered to
interrupt a period of employment.
``(C) Military service.--A petitioner shall be
awarded points for service in the Armed Forces equal to
30 points for any alien who served as a member of a
regular or reserve component of the Armed Forces in an
active duty status for not less than 3 years, and, if
discharged, received a discharge other than
dishonorable.
``(D) English language proficiency.--A petitioner
shall be awarded points for English proficiency equal
to the highest of the following for which the
petitioner is eligible:
``(i) 2 points for a score in the 5th
decile on an English language proficiency test.
``(ii) 6 points for a score in the 6th
decile on an English language proficiency test.
``(iii) 7 points for a score in the 7th
decile on an English language proficiency test.
``(iv) 8 points for a score in the 8th
decile on an English language proficiency test.
``(v) 9 points for a score in the 9th
decile on an English language proficiency test.
``(vi) 10 points for a score in the 10th
decile on an English language proficiency test.
``(4) Total point score; subsequent submissions;
verification.--
``(A) Total point score.--The total point score for
a petitioner is equal to sum of the points awarded
under each of subparagraphs (A), (B), (C), and (D) of
paragraph (3).
``(B) Subsequent submissions.--The alien may amend
the petition under this subsection at any point after
the initial filing to provide information for purposes
of new point awards for which the alien may be
eligible.
``(C) Duration of petition validity.--A petition
under this subsection shall be valid--
``(i) in the case of a petition that is
denied, the date of such denial; or
``(ii) in the case of a petition that is
granted, the date on which a visa has been
issued pursuant to such petition.
``(D) Verification.--Prior to the issuance of any
visa under this subsection, the Secretary shall verify
that the information in the petition remains accurate
as of the time of the visa issuance.
``(E) Clarification.--A petition may not be denied
for the failure of a petitioner to attain the minimum
number of points required under subsection (e)(2).
``(5) Definitions.--
``(A) English language proficiency test.--The term
`English language proficiency test' means any test to
measure English proficiency that has been approved by
the Director of U.S. Citizenship and Immigration
Services, in consultation with the Secretary of
Education.
``(B) Field of science, technology, engineering, or
mathematics.--The term `field of science, technology,
engineering, or mathematics' means a field included in
the Department of Education's Classification of
Instructional Programs taxonomy within the summary
groups of computer and information sciences and support
services, engineering, biological and biomedical
sciences, mathematics and statistics, physical
sciences, and the series geography and cartography
(series 45.07), advanced/graduate dentistry and oral
sciences (series 51.05) and nursing (series 51.38).
``(C) High school.--The term `high school' has the
meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(D) Institution of higher education.--The term
`institution of higher education' has the meaning given
that term in section 102(a)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1002(a)(1)), except that such
term does not include an institution outside the United
States described in subparagraph (C) of such section.
``(E) Covered institution.--The term `covered
institution' means an institution that--
``(i) is an institution of higher
education;
``(ii) as classified by the Carnegie
Foundation for the Advancement of Teaching on
January 1, 2019, as a doctorate-granting
university with a very high or high level of
research activity or classified by the National
Science Foundation after the date of enactment
of this paragraph, pursuant to an application
by the institution, as having equivalent
research activity to those institutions that
had been classified by the Carnegie Foundation
as being doctorate-granting universities with a
very high or high level of research activity;
and
``(iii) has been in existence for at least
10 years.
``(F) Full-time.--The term `full-time' means--
``(i) in the case of an individual who is
not described in clause (ii), not less than 35
hours per week; or
``(ii) in the case of an individual who is
enrolled in and is in regular attendance at a
high school or institution of education within
the United States, or who is the primary
caregiver of--
``(I) a child under 18 years of
age; or
``(II) a child 18 years of age or
over, spouse, parent, grandparent, or
sibling, who is incapable of self-care
because of a mental or physical
disability or who has a serious injury
or illness (as such term is defined in
section 101(18) of the Family and
Medical Leave Act of 1993 (29 U.S.C.
2611(18))),
not less than 20 hours per week.''; and
(2) in subsection (e), by inserting after paragraph (1),
the following:
``(2) Immigrant visas made available under subsection (c)
shall be issued in accordance with the following:
``(A) The Secretary of Homeland Security shall,
periodically but not less than once each fiscal year,
make final determinations with regard to that period of
the point values allocated to applicants in accordance
with subsection (c)(3) through (5).
``(B) The Secretary shall first determine the
applicant who is described under subsection (c)(2) who
is the son or daughter of an alien admitted under
section 101(a)(15)(E)(i) or (ii) and who has the
highest total point score greater than 12 calculated
for that period under subsection (c)(4)(A) of all such
applicants, and shall issue a visa to such applicant.
``(C) The Secretary shall next determine the
applicant who is described under subsection (c)(2) who
is the son or daughter of an alien admitted under
section 101(a)(15)(H)(i)(b) and who has the highest
total point score greater than 12 calculated for that
period under subsection (c)(4)(A) of all such
applicants, and shall issue a visa to such applicant.
``(D) The Secretary shall next determine the
applicant who is described under subsection (c)(2) who
is the son or daughter of an alien admitted under
section 101(a)(15)(L) and who has the highest total
point score greater than 12 calculated for that period
under subsection (c)(4)(A) of all such applicants, and
shall issue a visa to such applicant.
``(E) The Secretary shall next determine the
applicant who is described under subsection (c)(2) who
is a contingent nonimmigrant and who has the highest
total point score greater than 12 calculated for that
period under subsection (c)(4)(A) of all such
applicants, and shall issue a visa to such applicant.
``(F) The Secretary shall then repeat the process
specified in subparagraphs (B) through (E) until all
visas made available for that period have been issued.
If no applicants remain for any such category, the
Secretary shall exclude that category from further
consideration for that period.
``(G) In any case in which more than one petitioner
in a category under this paragraph has the same total
point score, the Secretary shall issue the visa to the
applicant whose petition was filed earliest.
``(H) No petitioner with a total point score which
is less than 12 may be issued a visa under this
paragraph.''.
(b) Worldwide Level.--Section 201 of the Immigration and
Nationality Act (8 U.S.C. 1151), as amended by this title, is further
amended--
(1) in subsection (a), by inserting after paragraph (2) the
following:
``(3) for fiscal years beginning with fiscal year 2025,
immigrants who are aliens described in section 203(c) in a
number not to exceed in any fiscal year the number specified in
subsection (e) for that year, and not to exceed in any of the
first 3 quarters of any fiscal year 27 percent of the worldwide
level under such subsection for all of such fiscal year.''.
(2) by inserting after subsection (d) the following:
``(e) Worldwide Level for Contingent Nonimmigrants and Certain
Children of Nonimmigrants.--
``(1) In general.--The worldwide level of immigrants who
may receive a visa under section 203(c) is equal to--
``(A) 470,400 for fiscal year 2025; and
``(B) for each fiscal year thereafter, any visas
under this subsection for the prior fiscal year that
are unused, plus the lesser of--
``(i) 78,400; and
``(ii) the number calculated under
paragraph (3) for the fiscal year.
``(2) Calculation of total eligible pool.--The number
calculated under this paragraph is equal to--
``(A) the number of applications received by the
Secretary under section 1102(c) of division B of the
Border Security and Immigration Reform Act of 2018
during the application period set forth in such
section, plus
``(B) the number of petitions filed by an alien
described in section 203(c)(2) during the period set
forth in section 204(a)(1)(I)(ii)(II).
``(3) Number of visas remaining to be place in escrow.--The
number calculated under this paragraph for a fiscal year is
equal to the number calculated under paragraph (2), less the
total number of visas issued under section 203(c) during the
period beginning on October 1, 2024 and ending on the last day
of the prior fiscal year.''.
(c) Procedure for Granting Immigrant Status.--Section 204(a)(1) of
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), as amended
by this title, is further amended by inserting after subparagraph (H)
the following:
``(I)(i) A contingent nonimmigrant or an alien
described in section 203(c)(2) desiring to be provided
an immigrant visa under section 203(c) (including such
an alien who is under 18 years of age) may file a
petition during the period described in clause (ii) at
the place determined by the Secretary of Homeland
Security by regulation.
``(ii)(I) A contingent nonimmigrant may file a
petition for an immigrant visa under section 203(c)
during the period beginning on the date on which the
alien obtained contingent nonimmigrant status under
section 1103(a) of the Border Security and Immigration
Reform Act of 2018, and ending on the date that is 5
years after such date.
``(II) An alien described in section 203(c)(2) may
file a petition for an immigrant visa under section
203(c) during the period beginning on October 1, 2019,
and ending on October 1, 2020. Such an alien may file
such a petition from outside the United States.''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2019.
SEC. 2105. SUNSET OF ADJUSTMENT VISAS FOR CONDITIONAL NONIMMIGRANTS AND
CHILDREN OF CERTAIN NONIMMIGRANTS.
(a) Sunset.--
(1) In general.--Section 203 of the Immigration and
Nationality Act (8 U.S.C. 1153) is amended by striking
subsection (c).
(2) Technical and conforming amendments.--The Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) in section 201--
(i) in subsection (a)--
(I) in paragraph (1), by adding
``and'' at the end; and
(II) by striking paragraph (3); and
(ii) by striking subsection (e);
(B) in section 203(e), by striking paragraph (2)
and redesignating paragraph (3) as paragraph (2); and
(C) in section 204--
(i) in subsection (a)(1), by striking
subparagraph (I); and
(ii) in subsection (e), by striking
``subsection (a), (b), or (c) of section 203''
and inserting ``subsection (a) or (b) of
section 203''.
(3) Effective date.--This subsection and the amendments
made by this subsection shall take effect on the first day of
the first full fiscal year beginning after September 30, 2025
and after the date on which no alien has a petition for an
immigrant visa or adjustment of status under section 203(c) of
the Immigration and Nationality Act (8 U.S.C. 1153(c)), or any
appeal pertaining to such petition, pending.
(4) Escrow for pending applications.--
(A) In general.--On the date of the effective date
of this subsection, a number of immigrant visas equal
to any visas under section 203(c)(2) for the prior
fiscal year that are unused shall be made available for
award to covered aliens in accordance with section
203(c) of the Immigration and Nationality Act, as in
effect on the date that is 1 day prior to the effective
date of this subsection.
(B) Covered alien.--For purposes of this paragraph,
the term ``covered alien'' means an alien who--
(i) on the date on which the application
period under section 204(a)(1)(I) of the
Immigration and Nationality Act, as in effect
on the day prior to the effective date of this
subsection, ended had an application pending
for contingent nonimmigrant status; and
(ii) was granted contingent nonimmigrant
status on or after the effective date of this
subsection.
(b) Reallocation of 4th Priority Family Visas to Employment
Categories.--
(1) Worldwide level of employment-based immigrants.--
Section 201(d) of the Immigration and Nationality Act (8 U.S.C.
1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-based Immigrants.--The
worldwide level of employment-based immigrants under this subsection
for a fiscal year is equal to 205,000 (except that for fiscal year
2020, such level is equal to 204,100).''.
(2) Preference allocation for employment-based
immigrants.--Section 203(b) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)) is amended--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``28.6 percent of such
worldwide level'' and inserting ``60,040 (except that
for fiscal year 2020, such number is equal to
59,740)'';
(B) in paragraph (2)(A), by striking ``28.6 percent
of such worldwide level'' and inserting ``60,040
(except that for fiscal year 2020, such number is equal
to 59,740)'';
(C) in paragraph (3)(A), by striking ``28.6 percent
of such worldwide level'' and inserting ``60,040
(except that for fiscal year 2020, such number is equal
to 59,740)'';
(D) in paragraph (4), by striking ``7.1 percent of
such worldwide level'' and inserting ``14,940''; and
(E) in paragraph (5)(A), by striking ``7.1 percent
of such worldwide level'' and inserting ``9,940''.
(3) Effective date.--This subsection and the amendments
made by this subsection shall take effect beginning on October
1, 2019.
SEC. 2106. IMPLEMENTATION.
Not later than September 30, 2019, the Secretary of Homeland
Security shall publish interim final rules implementing this title and
the amendments made by this title.
SEC. 2107. REPEAL OF SUSPENSION OF DEPORTATION AND ADJUSTMENT OF STATUS
FOR CERTAIN ALIENS.
(a) Repeal of Temporary Reduction of Visas.--Section 203 of the
Nicaraguan Adjustment and Central American Relief Act is amended--
(1) by striking subsection (d) (8 U.S.C. 1151 note); and
(2) by striking subsection (e) (8 U.S.C. 1153 note).
(b) Repeal of Certain Transition Rule.--Section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law
104-208; division C; 8 U.S.C. 1101 note) is amended--
(1) in subsection (c)(5), by striking subparagraph (C);
(2) by striking subsection (f);
(3) by striking subsection (g); and
(4) by striking subsection (h).
(c) Repeal of Exception for Certain Aliens From Annual Limitation
on Cancellation of Removals.--Paragraph (3) of section 240A(e) of the
Immigration and Nationality Act (8 U.S.C. 1229b(e)) is amended to read
as follows:
``(3) Exception for certain aliens.--Paragraph (1) shall
not apply to aliens in deportation proceedings prior to April
1, 1997, who applied for suspension of deportation under
section 244(a)(3) (as in effect before the date of the
enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).''.
(d) Transition Rule.--The amendments made by this section shall
take effect on October 1, 2019.
TITLE III--UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION
ENFORCEMENT
SEC. 3101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the heading to read as
follows: ``Rules for unaccompanied alien
children.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``who is a national or
habitual resident of a country that is
contiguous with the United States'';
(II) in clause (i), by inserting
``and'' at the end;
(III) in clause (ii), by striking
``; and'' and inserting a period; and
(IV) by striking clause (iii);
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``(8 U.S.C. 1101 et
seq.) may--'' and inserting ``(8 U.S.C.
1101 et seq.)--'';
(II) in clause (i), by inserting
before ``permit such child to
withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting
before ``return such child'' the
following: ``shall''; and
(iv) in subparagraph (C)--
(I) by amending the heading to read
as follows: ``Agreements with foreign
countries.--''; and
(II) in the matter preceding clause
(i), by striking ``The Secretary of
State shall negotiate agreements
between the United States and countries
contiguous to the United States'' and
inserting ``The Secretary of State may
negotiate agreements between the United
States and any foreign country that the
Secretary determines appropriate'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively, and inserting
after paragraph (2) the following:
``(3) Special rules for interviewing unaccompanied alien
children.--An unaccompanied alien child shall be interviewed by
a dedicated U.S. Citizenship and Immigration Services
immigration officer with specialized training in interviewing
child trafficking victims. Such officer shall be in plain
clothes and shall not carry a weapon. The interview shall occur
in a private room.''; and
(C) in paragraph (6)(D) (as so redesignated)--
(i) in the matter preceding clause (i), by
striking ``, except for an unaccompanied alien
child from a contiguous country subject to
exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria
listed in paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the
semicolon at the end the following: ``, which
shall include a hearing before an immigration
judge not later than 14 days after being
screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
before the semicolon the following: ``believed
not to meet the criteria listed in subsection
(a)(2)(A)''; and
(ii) in subparagraph (B), by inserting
before the period the following: ``and does not
meet the criteria listed in subsection
(a)(2)(A)''; and
(B) in paragraph (3), by striking ``an
unaccompanied alien child in custody shall'' and all
that follows, and inserting the following: ``an
unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the
criteria listed in subsection (a)(2)(A), shall transfer
the custody of such child to the Secretary of Health
and Human Services not later than 30 days after
determining that such child is an unaccompanied alien
child who does not meet such criteria; or
``(B) in the case of child who meets the criteria
listed in subsection (a)(2)(A), may transfer the
custody of such child to the Secretary of Health and
Human Services after determining that such child is an
unaccompanied alien child who meets such criteria.'';
and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(D) Information about individuals with whom
children are placed.--
``(i) Information to be provided to
homeland security.--Before placing a child with
an individual, the Secretary of Health and
Human Services shall provide to the Secretary
of Homeland Security, regarding the individual
with whom the child will be placed, the
following information:
``(I) The name of the individual.
``(II) The social security number
of the individual, if available.
``(III) The date of birth of the
individual.
``(IV) The location of the
individual's residence where the child
will be placed.
``(V) The immigration status of the
individual, if known.
``(VI) Contact information for the
individual.
``(ii) Special rule.--In the case of a
child who was apprehended on or after the
effective date of this clause, and before the
date of the enactment of this subparagraph, who
the Secretary of Health and Human Services
placed with an individual, the Secretary shall
provide the information listed in clause (i) to
the Secretary of Homeland Security not later
than 90 days after such date of enactment.'';
and
(B) in paragraph (5)--
(i) by inserting after ``to the greatest
extent practicable'' the following: ``(at no
expense to the Government)''; and
(ii) by striking ``have counsel to
represent them'' and inserting ``have access to
counsel to represent them''.
(b) Effective Date.--The amendments made by this section shall
apply to any unaccompanied alien child apprehended on or after the date
of enactment.
SEC. 3102. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended by adding at the end the following:
``(j) Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement, the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231). There exists no presumption
that an alien child who is not an unaccompanied alien child
should not be detained, and all such determinations shall be in
the discretion of the Secretary of Homeland Security.
``(2) Release of minors other than unaccompanied aliens.--
In no circumstances shall an alien minor who is not an
unaccompanied alien child be released by the Secretary of
Homeland Security other than to a parent or legal guardian.
``(3) Family detention.--The Secretary of Homeland Security
shall--
``(A) maintain the care and custody of an alien,
during the period during which the charges described in
clause (i) are pending, who--
``(i) is charged only with a misdemeanor
offense under section 275(a) of the Immigration
and Nationality Act (8 U.S.C. 1325(a)); and
``(ii) entered the United States with the
alien's child who has not attained 18 years of
age; and
``(B) detain the alien with the alien's child.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
all actions that occur before, on, or after the date of the enactment
of this Act.
(c) Preemption of State Licensing Requirements.--Notwithstanding
any other provision of law, judicial determination, consent decree, or
settlement agreement, no State may require that an immigration
detention facility used to detain children who have not attained 18
years of age, or families consisting of one or more of such children
and the parents or legal guardians of such children, that is located in
that State, be licensed by the State or any political subdivision
thereof.
SEC. 3103. DETENTION OF DANGEROUS ALIENS.
Section 241(a) of the Immigration and Nationality Act (8 U.S.C.
1231(a)) is amended--
(1) by striking ``Attorney General'' each place it appears,
except for the first reference in paragraph (4)(B)(i), and
inserting ``Secretary of Homeland Security'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) Beginning of period.--The removal period
begins on the latest of the following:
``(i) The date the order of removal becomes
administratively final.
``(ii) If the alien is not in the custody
of the Secretary on the date the order of
removal becomes administratively final, the
date the alien is taken into such custody.
``(iii) If the alien is detained or
confined (except under an immigration process)
on the date the order of removal becomes
administratively final, the date the alien is
taken into the custody of the Secretary, after
the alien is released from such detention or
confinement.'';
(3) in paragraph (1), by amending subparagraph (C) to read
as follows:
``(C) Suspension of period.--
``(i) Extension.--The removal period shall
be extended beyond a period of 90 days and the
Secretary may, in the Secretary's sole
discretion, keep the alien in detention during
such extended period if--
``(I) the alien fails or refuses to
make all reasonable efforts to comply
with the removal order, or to fully
cooperate with the Secretary's efforts
to establish the alien's identity and
carry out the removal order, including
making timely application in good faith
for travel or other documents necessary
to the alien's departure or conspires
or acts to prevent the alien's removal
that is subject to an order of removal;
``(II) a court, the Board of
Immigration Appeals, or an immigration
judge orders a stay of removal of an
alien who is subject to an
administratively final order of
removal;
``(III) the Secretary transfers
custody of the alien pursuant to law to
another Federal agency or a State or
local government agency in connection
with the official duties of such
agency; or
``(IV) a court or the Board of
Immigration Appeals orders a remand to
an immigration judge or the Board of
Immigration Appeals, during the time
period when the case is pending a
decision on remand (with the removal
period beginning anew on the date that
the alien is ordered removed on
remand).
``(ii) Renewal.--If the removal period has
been extended under subparagraph (C)(i), a new
removal period shall be deemed to have begun on
the date--
``(I) the alien makes all
reasonable efforts to comply with the
removal order, or to fully cooperate
with the Secretary's efforts to
establish the alien's identity and
carry out the removal order;
``(II) the stay of removal is no
longer in effect; or
``(III) the alien is returned to
the custody of the Secretary.
``(iii) Mandatory detention for certain
aliens.--In the case of an alien described in
subparagraphs (A) through (D) of section
236(c)(1), the Secretary shall keep that alien
in detention during the extended period
described in clause (i).
``(iv) Sole form of relief.--An alien may
seek relief from detention under this
subparagraph only by filing an application for
a writ of habeas corpus in accordance with
chapter 153 of title 28, United States Code. No
alien whose period of detention is extended
under this subparagraph shall have the right to
seek release on bond.'';
(4) in paragraph (3)--
(A) by adding after ``If the alien does not leave
or is not removed within the removal period'' the
following: ``or is not detained pursuant to paragraph
(6) of this subsection''; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) to obey reasonable restrictions on the
alien's conduct or activities that the Secretary
prescribes for the alien, in order to prevent the alien
from absconding, for the protection of the community,
or for other purposes related to the enforcement of the
immigration laws.'';
(5) in paragraph (4)(A), by striking ``paragraph (2)'' and
inserting ``subparagraph (B)''; and
(6) by striking paragraph (6) and inserting the following:
``(6) Additional rules for detention or release of certain
aliens.--
``(A) Detention review process for cooperative
aliens established.--For an alien who is not otherwise
subject to mandatory detention, who has made all
reasonable efforts to comply with a removal order and
to cooperate fully with the Secretary of Homeland
Security's efforts to establish the alien's identity
and carry out the removal order, including making
timely application in good faith for travel or other
documents necessary to the alien's departure, and who
has not conspired or acted to prevent removal, the
Secretary shall establish an administrative review
process to determine whether the alien should be
detained or released on conditions. The Secretary shall
make a determination whether to release an alien after
the removal period in accordance with subparagraph (B).
The determination shall include consideration of any
evidence submitted by the alien, and may include
consideration of any other evidence, including any
information or assistance provided by the Secretary of
State or other Federal official and any other
information available to the Secretary of Homeland
Security pertaining to the ability to remove the alien.
``(B) Authority to detain beyond removal period.--
``(i) In general.--The Secretary of
Homeland Security, in the exercise of the
Secretary's sole discretion, may continue to
detain an alien for 90 days beyond the removal
period (including any extension of the removal
period as provided in paragraph (1)(C)). An
alien whose detention is extended under this
subparagraph shall have no right to seek
release on bond.
``(ii) Specific circumstances.--The
Secretary of Homeland Security, in the exercise
of the Secretary's sole discretion, may
continue to detain an alien beyond the 90 days
authorized in clause (i)--
``(I) until the alien is removed,
if the Secretary, in the Secretary's
sole discretion, determines that there
is a significant likelihood that the
alien--
``(aa) will be removed in
the reasonably foreseeable
future; or
``(bb) would be removed in
the reasonably foreseeable
future, or would have been
removed, but for the alien's
failure or refusal to make all
reasonable efforts to comply
with the removal order, or to
cooperate fully with the
Secretary's efforts to
establish the alien's identity
and carry out the removal
order, including making timely
application in good faith for
travel or other documents
necessary to the alien's
departure, or conspires or acts
to prevent removal;
``(II) until the alien is removed,
if the Secretary of Homeland Security
certifies in writing--
``(aa) in consultation with
the Secretary of Health and
Human Services, that the alien
has a highly contagious disease
that poses a threat to public
safety;
``(bb) after receipt of a
written recommendation from the
Secretary of State, that
release of the alien is likely
to have serious adverse foreign
policy consequences for the
United States;
``(cc) based on information
available to the Secretary of
Homeland Security (including
classified, sensitive, or
national security information,
and without regard to the
grounds upon which the alien
was ordered removed), that
there is reason to believe that
the release of the alien would
threaten the national security
of the United States; or
``(dd) that the release of
the alien will threaten the
safety of the community or any
person, conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person, and
either (AA)--
``(AA) the alien
has been convicted of
(aaa) one or more
aggravated felonies (as
defined in section
101(a)(43)(A)), (bbb)
one or more crimes
identified by the
Secretary of Homeland
Security by regulation,
if the aggregate term
of imprisonment for
such crimes is at least
5 years, or (ccc) one
or more attempts or
conspiracies to commit
any such aggravated
felonies or such
identified crimes, if
the aggregate term of
imprisonment for such
attempts or
conspiracies is at
least 5 years; or
``(BB) the alien
has committed one or
more violent crimes (as
referred to in section
101(a)(43)(F), but not
including a purely
political offense) and,
because of a mental
condition or
personality disorder
and behavior associated
with that condition or
disorder, the alien is
likely to engage in
acts of violence in the
future; or
``(III) pending a certification
under subclause (II), so long as the
Secretary of Homeland Security has
initiated the administrative review
process not later than 30 days after
the expiration of the removal period
(including any extension of the removal
period, as provided in paragraph
(1)(C)).
``(iii) No right to bond hearing.--An alien
whose detention is extended under this
subparagraph shall have no right to seek
release on bond, including by reason of a
certification under clause (ii)(II).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland
Security may renew a certification under
subparagraph (B)(ii)(II) every 6 months, after
providing an opportunity for the alien to
request reconsideration of the certification
and to submit documents or other evidence in
support of that request. If the Secretary does
not renew a certification, the Secretary may
not continue to detain the alien under
subparagraph (B)(ii)(II).
``(ii) Delegation.--Notwithstanding section
103, the Secretary of Homeland Security may not
delegate the authority to make or renew a
certification described in item (bb), (cc), or
(dd) of subparagraph (B)(ii)(II) below the
level of the Director of Immigration and
Customs Enforcement.
``(iii) Hearing.--The Secretary of Homeland
Security may request that the Attorney General
or the Attorney General's designee provide for
a hearing to make the determination described
in item (dd)(BB) of subparagraph (B)(ii)(II).
``(D) Release on conditions.--If it is determined
that an alien should be released from detention by a
Federal court, the Board of Immigration Appeals, or if
an immigration judge orders a stay of removal, the
Secretary of Homeland Security, in the exercise of the
Secretary's discretion, may impose conditions on
release as provided in paragraph (3).
``(E) Redetention.--The Secretary of Homeland
Security, in the exercise of the Secretary's
discretion, without any limitations other than those
specified in this section, may again detain any alien
subject to a final removal order who is released from
custody, if removal becomes likely in the reasonably
foreseeable future, the alien fails to comply with the
conditions of release, or to continue to satisfy the
conditions described in subparagraph (A), or if, upon
reconsideration, the Secretary, in the Secretary's sole
discretion, determines that the alien can be detained
under subparagraph (B). This section shall apply to any
alien returned to custody pursuant to this
subparagraph, as if the removal period terminated on
the day of the redetention.
``(F) Review of determinations by secretary.--A
determination by the Secretary under this paragraph
shall not be subject to review by any other agency.''.
SEC. 3104. DEFINITION OF AGGRAVATED FELONY.
(a) In General.--Section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as follows:
``(43) Notwithstanding any other provision of law, the term
`aggravated felony' means any offense, whether in violation of
Federal, State, or foreign law, that is described in this
paragraph. An offense described in this paragraph is--
``(A) homicide (including murder in any degree,
manslaughter, and vehicular manslaughter), rape
(whether the victim was conscious or unconscious),
statutory rape, sexual assault or battery, or any
offense of a sexual nature involving an intended victim
under the age of 18 years (including offenses in which
the intended victim was a law enforcement officer);
``(B)(i) illicit trafficking in a controlled
substance (as defined in section 102 of the Controlled
Substances Act), including a drug trafficking crime (as
defined in section 924(c) of title 18, United States
Code); or
``(ii) any offense under State law relating to a
controlled substance (as so classified under State law)
which is classified as a felony in that State
regardless of whether the substance is classified as a
controlled substance under section 102 of the
Controlled Substances Act (21 U.S.C. 802);
``(C) illicit trafficking in firearms or
destructive devices (as defined in section 921 of title
18, United States Code) or in explosive materials (as
defined in section 841(c) of that title);
``(D) an offense described in section 1956 of title
18, United States Code (relating to laundering of
monetary instruments) or section 1957 of that title
(relating to engaging in monetary transactions in
property derived from specific unlawful activity) if
the amount of the funds exceeded $10,000;
``(E) an offense described in--
``(i) section 842 or 844 of title 18,
United States Code (relating to explosive
materials offenses);
``(ii) section 922 or 924 of title 18,
United States Code (relating to firearms
offenses); or
``(iii) section 5861 of the Internal
Revenue Code of 1986 (relating to firearms
offenses);
``(F) a violent crime for which the term of
imprisonment is at least 1 year, including--
``(i) any offense that has an element the
use, attempted use, or threatened use of
physical force against the person or property
of another; or
``(ii) any other offense in which the
record of conviction establishes that the
offender used physical force against the person
or property of another in the course of
committing the offense;
``(G)(i) theft (including theft by deceit, theft by
fraud, embezzlement, motor vehicle theft, unauthorized
use of a vehicle, or receipt of stolen property),
regardless of whether the intended deprivation was
temporary or permanent, for which the term of
imprisonment is at least 1 year; or
``(ii) burglary for which the term of imprisonment
is at least 1 year;
``(H) an offense described in section 875, 876,
877, or 1202 of title 18, United States Code (relating
to the demand for or receipt of ransom);
``(I) an offense involving child pornography or
sexual exploitation of a minor (including any offense
described in section 2251, 2251A, or 2252 of title 18,
United States Code);
``(J) an offense described in section 1962 of title
18, United States Code (relating to racketeer
influenced corrupt organizations), or an offense
described in section 1084 (if it is a second or
subsequent offense) or 1955 of that title (relating to
gambling offenses);
``(K) an offense that--
``(i) relates to the owning, controlling,
managing, or supervising of a prostitution
business;
``(ii) is described in section 2421, 2422,
or 2423 of title 18, United States Code
(relating to transportation for the purpose of
prostitution) if committed for commercial
advantage; or
``(iii) is described in any of sections
1581-1585 or 1588-1591 of title 18, United
States Code (relating to peonage, slavery,
involuntary servitude, and trafficking in
persons);
``(L) an offense described in--
``(i) section 793 (relating to gathering or
transmitting national defense information), 798
(relating to disclosure of classified
information), 2153 (relating to sabotage) or
2381 or 2382 (relating to treason) of title 18,
United States Code;
``(ii) section 601 of the National Security
Act of 1947 (50 U.S.C. 421) (relating to
protecting the identity of undercover
intelligence agents);
``(iii) section 601 of the National
Security Act of 1947 (relating to protecting
the identity of undercover agents);
``(iv) section 175 (relating to biological
weapons) of title 18, United States Code;
``(v) sections 792 (harboring or concealing
persons who violated sections 793 or 794 of
title 18, United States Code), 794 (gathering
or delivering defense information to aid
foreign government), 795 (photographing and
sketching defense installations), 796 (use of
aircraft for photographing defense
installations), 797 (publication and sale of
photographs of defense installations), 799
(violation of NASA regulations for protection
of facilities) of title 18, United States Code;
``(vi) sections 831 (prohibited
transactions involving nuclear materials) and
832 (participation in nuclear and weapons of
mass destruction threats to the United States)
of title 18, United States Code;
``(vii) sections 2332a-d, f-h (relating to
terrorist activities) of title 18, United
States Code;
``(viii) sections 2339 (relating to
harboring or concealing terrorists), 2339A
(relating to material support to terrorists),
2339B (relating to material support or
resources to designated foreign terrorist
organizations), 2339C (relating to financing of
terrorism), 2339D (relating to receiving
military-type training from a terrorist
organization) of title 18, United States Code;
``(ix) section 1705 of the International
Emergency Economic Powers Act (50 U.S.C. 1705);
or
``(x) section 38 of the Arms Export Control
Act (22 U.S.C. 2778);
``(M) an offense that--
``(i) involves fraud or deceit in which the
loss to the victim or victims exceeds $10,000;
or
``(ii) is described in section 7201 of the
Internal Revenue Code of 1986 (relating to tax
evasion) in which the revenue loss to the
Government exceeds $10,000;
``(N) an offense described in section 274(a)
(relating to alien smuggling), except in the case of a
first offense for which the alien has affirmatively
shown that the alien committed the offense for the
purpose of assisting, abetting, or aiding only the
alien's spouse, child, or parent (and no other
individual) to violate a provision of this Act;
``(O) an offense described in section 275 or 276
for which the term of imprisonment is at least 1 year;
``(P) an offense which is described in chapter 75
of title 18, United States Code, and for which the term
of imprisonment is at least 1 year;
``(Q) an offense relating to a failure to appear by
a defendant for service of sentence if the underlying
offense is punishable by imprisonment for a term of 5
years or more;
``(R) an offense relating to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles the
identification numbers of which have been altered for
which the term of imprisonment is at least one year;
``(S) an offense relating to obstruction of
justice, perjury or subornation of perjury, or bribery
of a witness;
``(T) an offense relating to a failure to appear
before a court pursuant to a court order to answer to
or dispose of a charge of a felony for which a sentence
of 2 years' imprisonment or more may be imposed;
``(U) any offense for which the term of
imprisonment imposed was 2 years or more;
``(V) an offense relating to terrorism or national
security (including a conviction for a violation of any
provision of chapter 113B of title 18, United States
Code; or
``(W)(i) a single conviction for driving while
intoxicated (including a conviction for driving while
under the influence of or impairment by alcohol or
drugs), when such impaired driving was a cause of the
serious bodily injury or death of another person; or
``(ii) a second or subsequent conviction for
driving while intoxicated (including a conviction for
driving under the influence of or impaired by alcohol
or drugs); or
``(X) an attempt or conspiracy to commit an offense
described in this paragraph or aiding, abetting,
counseling, procuring, commanding, inducing,
facilitating, or soliciting the commission of such an
offense.
Any determinations under this paragraph shall be made on the
basis of the record of conviction. For purposes of this
paragraph, a person shall be considered to have committed an
aggravated felony if that person has been convicted for 3 or
more misdemeanors not arising out the traffic laws (except for
any conviction for driving under the influence or an offense
that results in the death or serious bodily injury of another
person) or felonies for which the aggregate term of
imprisonment imposed was 3 years or more, regardless of whether
the convictions were all entered pursuant to a single trial or
the offenses arose from a single pattern or scheme of
conduct.''.
(b) Effective Date; Application of Amendments.--
(1) In general.--The amendments made by subsection (a)--
(A) shall take effect on the date of the enactment
of this Act; and
(B) shall apply to any act or conviction that
occurred before, on, or after such date.
(2) Application of iirira amendments.--The amendments to
section 101(a)(43) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)) made by section 321 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 110 Stat. 3009-627) shall
continue to apply, whether the conviction was entered before,
on, or after September 30, 1996.
SEC. 3105. CRIME OF VIOLENCE.
Section 16 of title 18, United States Code, is amended to read as
follows:
``Sec. 16. Crime of violence defined
``(a) The term `crime of violence' means an offense that--
``(1)(A) is murder, voluntary manslaughter, assault, sexual
abuse or aggravated sexual abuse, abusive sexual contact, child
abuse, kidnapping, robbery, carjacking, firearms use, burglary,
arson, extortion, communication of threats, coercion,
unauthorized use of a vehicle, fleeing, interference with
flight crew members and attendants, domestic violence, hostage
taking, stalking, human trafficking, or using weapons of mass
destruction; or
``(B) involves use or unlawful possession of explosives or
destructive devices described in 5845(f) of the Internal
Revenue Code of 1986;
``(2) has as an element the use, attempted use, or
threatened use of physical force against the person or property
of another; or
``(3) is an attempt to commit, conspiracy to commit,
solicitation to commit, or aiding and abetting any of the
offenses set forth in paragraphs (1) and (2).
``(b) In this section:
``(1) The term `abusive sexual contact' means conduct
described in section 2244(a)(1) and (a)(2).
``(2) The terms `aggravated sexual abuse' and `sexual
abuse' mean conduct described in sections 2241 and 2242. For
purposes of such conduct, the term `sexual act' means conduct
described in section 2246(2), or the knowing and lewd exposure
of genitalia or masturbation, to any person, with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify the
sexual desire of any person.
``(3) The term `assault' means conduct described in section
113(a), and includes conduct committed recklessly, knowingly,
or intentionally.
``(4) The term `arson' means conduct described in section
844(i) or unlawfully or willfully damaging or destroying any
building, inhabited structure, vehicle, vessel, or real
property by means of fire or explosive.
``(5) The term `burglary' means an unlawful or unprivileged
entry into, or remaining in, a building or structure, including
any nonpermanent or mobile structure that is adapted or used
for overnight accommodation or for the ordinary carrying on of
business, and, either before or after entering, the person--
``(A) forms the intent to commit a crime; or
``(B) commits or attempts to commit a crime.
``(6) The term `carjacking' means conduct described in
section 2119, or the unlawful taking of a motor vehicle from
the immediate actual possession of a person against his will,
by means of actual or threatened force, or violence or
intimidation, or by sudden or stealthy seizure or snatching, or
fear of injury.
``(7) The term `child abuse' means the unlawful infliction
of physical injury or the commission of any sexual act against
a child under fourteen by any person eighteen years of age or
older.
``(8) The term `communication of threats' means conduct
described in section 844(e), or the transmission of any
communications containing any threat of use of violence to--
``(A) demand or request for a ransom or reward for
the release of any kidnapped person; or
``(B) threaten to kidnap or injure the person of
another.
``(9) The term `coercion' means causing the performance or
non-performance of any act by another person which under such
other person has a legal right to do or to abstain from doing,
through fraud or by the use of actual or threatened force,
violence, or fear thereof, including the use, or an express or
implicit threat of use, of violence to cause harm, or threats
to cause injury to the person, reputation or property of any
person.
``(10) The term `domestic violence' means any assault
committed by a current or former spouse, parent, or guardian of
the victim, by a person with whom the victim shares a child in
common, by a person who is cohabiting with or has cohabited
with the victim as a spouse, parent, or guardian, or by a
person similarly situated to a spouse, parent, or guardian of
the victim
``(11) The term `extortion' means conduct described in
section 1951(b)(2)), but not extortion under color of official
right or fear of economic loss.
``(12) The term `firearms use' means conduct described in
section 924(c) or 929(a), if the firearm was brandished,
discharged, or otherwise possessed, carried, or used as a
weapon and the crime of violence or drug trafficking crime
during and in relation to which the firearm was possessed,
carried, or used was subject to prosecution in any court of the
United States, State court, military court or tribunal, or
tribal court. Such term also includes unlawfully possessing a
firearm described in section 5845(a) of the Internal Revenue
Code of 1986 (such as a sawed-off shotgun or sawed-off rifle,
silencer, bomb, or machine gun), possession of a firearm
described in section 922(g)(1), 922(g)(2) and 922(g)(4),
possession of a firearm with the intent to use such firearm
unlawfully, or reckless discharge of a firearm at a dwelling.
``(13) The term `fleeing' means knowingly operating a motor
vehicle and, following a law enforcement officer's signal to
bring the motor vehicle to a stop--
``(A) failing or refusing to comply; or
``(B) fleeing or attempting to elude a law
enforcement officer.
``(14) The term `force' means the level of force needed or
intended to overcome resistance.
``(15) The term `hostage taking' means conduct described in
section 1203.
``(16) The term `human trafficking' means conduct described
in section 1589, 1590, and 1591.
``(17) The term `interference with flight crew members and
attendants' means conduct described in section 46504 of title
49, United States Code.
``(18) The term `kidnapping' means conduct described in
section 1201(a)(1) or seizing, confining, inveigling, decoying,
abducting, or carrying away and holding for ransom or reward or
otherwise any person.
``(19) The term `murder' means conduct described as murder
in the first degree or murder in the second degree described in
section 1111.
``(20) the term `robbery' means conduct described in
section 1951(b)(1), or the unlawful taking or obtaining of
personal property from the person or in the presence of
another, against his will, by means of actual or threatened
force, or violence or intimidation, or by sudden or stealthy
seizure or snatching, or fear of injury, immediate or future,
to his person or property, or property in his custody or
possession, or the person or property of a relative or member
of his family or of anyone in his company at the time of the
taking or obtaining.
``(21) The term `stalking' means conduct described in
section 2261A.
``(22) The term `unauthorized use of a motor vehicle' means
the intentional or knowing operation of another person's boat,
airplane, or motor vehicle without the consent of the owner.
``(23) The term `using weapons of mass destruction' means
conduct described in section 2332a.
``(24) the term `voluntary manslaughter' means conduct
described in section 1112(a).
``(c) For purposes of this section, in the case of any reference in
subsection (b) to an offense under this title, such reference shall
include conduct that constitutes an offense under State or tribal law
or under the Uniform Code of Military Justice, if such conduct would be
an offense under this title if a circumstance giving rise to Federal
jurisdiction had existed.''.
SEC. 3106. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG
MEMBERS.
(a) Definition of Gang Member.--Section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after
paragraph (52) the following:
``(53)(A) The term `criminal gang' means an ongoing group, club,
organization, or association of 5 or more persons--
``(i) that has as one of its primary purposes the
commission of 1 or more of the criminal offenses described in
subparagraph (B) and the members of which engage, or have
engaged within the past 5 years, in a continuing series of such
offenses; or
``(ii) that has been designated as a criminal gang by the
Secretary of Homeland Security, in consultation with the
Attorney General, as meeting these criteria.
``(B) The offenses described, whether in violation of Federal or
State law or foreign law and regardless of whether the offenses
occurred before, on, or after the date of the enactment of this
paragraph, are the following:
``(i) A `felony drug offense' (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)).
``(ii) A felony offense involving firearms or explosives or
in violation of section 931 of title 18, United States Code
(relating to purchase, ownership, or possession of body armor
by violent felons).
``(iii) An offense under section 274 (relating to bringing
in and harboring certain aliens), section 277 (relating to
aiding or assisting certain aliens to enter the United States),
or section 278 (relating to importation of alien for immoral
purpose), except that this clause does not apply in the case of
an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)) which is exempt from
taxation under section 501(a) of such Code.
``(iv) A violent crime described in section 101(a)(43)(F).
``(v) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant, or
perjury or subornation of perjury.
``(vi) Any conduct punishable under sections 1028A and 1029
of title 18, United States Code (relating to aggravated
identity theft or fraud and related activity in connection with
identification documents or access devices), sections 1581
through 1594 of such title (relating to peonage, slavery, and
trafficking in persons), section 1951 of such title (relating
to interference with commerce by threats or violence), section
1952 of such title (relating to interstate and foreign travel
or transportation in aid of racketeering enterprises), section
1956 of such title (relating to the laundering of monetary
instruments), section 1957 of such title (relating to engaging
in monetary transactions in property derived from specified
unlawful activity), or sections 2312 through 2315 of such title
(relating to interstate transportation of stolen motor vehicles
or stolen property).
``(vii) An attempt or conspiracy to commit an offense
described in this paragraph or aiding, abetting, counseling,
procuring, commanding, inducing, facilitating, or soliciting
the commission of an offense described in clauses (i) through
(vi).''.
(b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C.
1182(a)(2)) is amended--
(1) in subparagraph (A)(i)--
(A) in subclause (I), by striking ``or'' at the
end; and
(B) by inserting after subclause (II) the
following:
``(III) a violation of (or a
conspiracy or attempt to violate) any
law or regulation of a State, the
United States, or a foreign country
relating to participation or membership
in a criminal gang, or
``(IV) any felony or misdemeanor
offense for which the alien received a
sentencing enhancement predicated on
gang membership or conduct that
promoted, furthered, aided, or
supported the illegal activity of the
criminal gang,''.
(2) by adding at the end the following:
``(N) Aliens associated with criminal gangs.--
``(i) Aliens not physically present in the
united states.--In the case of an alien who is
not physically present in the United States:
``(I) That alien is inadmissible if
a consular officer, an immigration
officer, the Secretary of Homeland
Security, or the Attorney General knows
or has reason to believe--
``(aa) to be or to have
been a member of a criminal
gang (as defined in section
101(a)(53)); or
``(bb) to have participated
in the activities of a criminal
gang (as defined in section
101(a)(53)), knowing or having
reason to know that such
activities will promote,
further, aid, or support the
illegal activity of the
criminal gang.
``(II) That alien is inadmissible
if a consular officer, an immigration
officer, the Secretary of Homeland
Security, or the Attorney General has
reasonable grounds to believe the alien
has participated in, been a member of,
promoted, or conspired with a criminal
gang, either inside or outside of the
United States.
``(III) That alien is inadmissible
if a consular officer, an immigration
officer, the Secretary of Homeland
Security, or the Attorney General has
reasonable grounds to believe seeks to
enter the United States or has entered
the United States in furtherance of the
activities of a criminal gang, either
inside or outside of the United States.
``(ii) Aliens physically present in the united
states.--In the case of an alien who is physically
present in the United States, that alien is
inadmissible if the alien--
``(I) is a member of a criminal gang (as
defined in section 101(a)(53)); or
``(II) has participated in the activities
of a criminal gang (as defined in section
101(a)(53)), knowing or having reason to know
that such activities will promote, further,
aid, or support the illegal activity of the
criminal gang.''.
(c) Deportability.--Section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end
the following:
``(H) Aliens associated with criminal gangs.--Any
alien is deportable who--
``(i) is or has been a member of a criminal
gang (as defined in section 101(a)(53));
``(ii) has participated in the activities
of a criminal gang (as so defined), knowing or
having reason to know that such activities will
promote, further, aid, or support the illegal
activity of the criminal gang;
``(iii) has been convicted of a violation
of (or a conspiracy or attempt to violate) any
law or regulation of a State, the United
States, or a foreign country relating to
participation or membership in a criminal gang;
or
``(iv) any felony or misdemeanor offense
for which the alien received a sentencing
enhancement predicated on gang membership or
conduct that promoted, furthered, aided, or
supported the illegal activity of the criminal
gang.''.
(d) Designation.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1182) is amended by inserting
after section 219 the following:
``designation of criminal gang
``Sec. 220.
``(a) Designation.--
``(1) In General.--The Secretary of Homeland Security, in
consultation with the Attorney General, may designate a group, club,
organization, or association of 5 or more persons as a criminal gang if
the Secretary finds that their conduct is described in section
101(a)(53).
``(2) Procedure.--
``(A) Notification.--Seven days before making a designation
under this subsection, the Secretary shall, by classified
communication, notify the Speaker and Minority Leader of the
House of Representatives, the President pro tempore, Majority
Leader, and Minority Leader of the Senate, and the members of
the relevant committees of the House of Representatives and the
Senate, in writing, of the intent to designate a group, club,
organization, or association of 5 or more persons under this
subsection and the factual basis therefor.
``(B) Publication in the federal register.--The Secretary
shall publish the designation in the Federal Register seven
days after providing the notification under subparagraph (A).
``(3) Record.--
``(A) In general.--In making a designation under this
subsection, the Secretary shall create an administrative
record.
``(B) Classified information.--The Secretary may consider
classified information in making a designation under this
subsection. Classified information shall not be subject to
disclosure for such time as it remains classified, except that
such information may be disclosed to a court ex parte and in
camera for purposes of judicial review under subsection (c).
``(4) Period of Designation.--
``(A) In general.--A designation under this subsection
shall be effective for all purposes until revoked under
paragraph (5) or (6) or set aside pursuant to subsection (c).
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall review the
designation of a criminal gang under the procedures set
forth in clauses (iii) and (iv) if the designated
group, club, organization, or association of 5 or more
persons files a petition for revocation within the
petition period described in clause (ii).
``(ii) Petition period.--For purposes of clause
(i)--
``(I) if the designated group, club,
organization, or association of 5 or more
persons has not previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after the date
on which the designation was made; or
``(II) if the designated group, club,
organization, or association of 5 or more
persons has previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after the date
of the determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any group, club, organization,
or association of 5 or more persons that submits a
petition for revocation under this subparagraph of its
designation as a criminal gang must provide evidence in
that petition that it is not described in section
101(a)(53).
``(iv) Determination.--
``(I) In general.--Not later than 180 days
after receiving a petition for revocation
submitted under this subparagraph, the
Secretary shall make a determination as to such
revocation.
``(II) Classified information.--The
Secretary may consider classified information
in making a determination in response to a
petition for revocation. Classified information
shall not be subject to disclosure for such
time as it remains classified, except that such
information may be disclosed to a court ex
parte and in camera for purposes of judicial
review under subsection (c).
``(III) Publication of determination.--A
determination made by the Secretary under this
clause shall be published in the Federal
Register.
``(IV) Procedures.--Any revocation by the
Secretary shall be made in accordance with
paragraph (6).
``(C) Other review of designation.--
``(i) In general.--If in a 5-year period no review
has taken place under subparagraph (B), the Secretary
shall review the designation of the criminal gang in
order to determine whether such designation should be
revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not take place
pursuant to subparagraph (B) in response to a petition
for revocation that is filed in accordance with that
subparagraph, then the review shall be conducted
pursuant to procedures established by the Secretary.
The results of such review and the applicable
procedures shall not be reviewable in any court.
``(iii) Publication of results of review.--The
Secretary shall publish any determination made pursuant
to this subparagraph in the Federal Register.
``(5) Revocation by Act of Congress.--The Congress, by an Act of
Congress, may block or revoke a designation made under paragraph (1).
``(6) Revocation Based on Change in Circumstances.--
``(A) In general.--The Secretary may revoke a designation
made under paragraph (1) at any time, and shall revoke a
designation upon completion of a review conducted pursuant to
subparagraphs (B) and (C) of paragraph (4) if the Secretary
finds that--
``(i) the group, club, organization, or association
of 5 or more persons that has been designated as a
criminal gang is no longer described in section
101(a)(53); or
``(ii) the national security or the law enforcement
interests of the United States warrants a revocation.
``(B) Procedure.--The procedural requirements of paragraphs
(2) and (3) shall apply to a revocation under this paragraph.
Any revocation shall take effect on the date specified in the
revocation or upon publication in the Federal Register if no
effective date is specified.
``(7) Effect of Revocation.--The revocation of a designation under
paragraph (5) or (6) shall not affect any action or proceeding based on
conduct committed prior to the effective date of such revocation.
``(8) Use of Designation in Trial or Hearing.--If a designation
under this subsection has become effective under paragraph (2) an alien
in a removal proceeding shall not be permitted to raise any question
concerning the validity of the issuance of such designation as a
defense or an objection.
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the group,
club, organization, or association of 5 or more persons has
changed its name, adopted a new alias, dissolved and then
reconstituted itself under a different name or names, or merged
with another group, club, organization, or association of 5 or
more persons.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Paragraphs (2), (4), (5),
(6), (7), and (8) of subsection (a) shall also apply to an
amended designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be
subject to disclosure for such time as it remains classified,
except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under
subsection (c) of this section.
``(c) Judicial Review of Designation.--
``(1) In general.--Not later than 30 days after publication
in the Federal Register of a designation, an amended
designation, or a determination in response to a petition for
revocation, the designated group, club, organization, or
association of 5 or more persons may seek judicial review in
the United States Court of Appeals for the District of Columbia
Circuit.
``(2) Basis of review.--Review under this subsection shall
be based solely upon the administrative record, except that the
Government may submit, for ex parte and in camera review,
classified information used in making the designation, amended
designation, or determination in response to a petition for
revocation.
``(3) Scope of review.--The Court shall hold unlawful and
set aside a designation, amended designation, or determination
in response to a petition for revocation the court finds to
be--
``(A) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
``(B) contrary to constitutional right, power,
privilege, or immunity;
``(C) in excess of statutory jurisdiction,
authority, or limitation, or short of statutory right;
``(D) lacking substantial support in the
administrative record taken as a whole or in classified
information submitted to the court under paragraph (2);
or
``(E) not in accord with the procedures required by
law.
``(4) Judicial review invoked.--The pendency of an action
for judicial review of a designation, amended designation, or
determination in response to a petition for revocation shall
not affect the application of this section, unless the court
issues a final order setting aside the designation, amended
designation, or determination in response to a petition for
revocation.
``(d) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `national security' means the national
defense, foreign relations, or economic interests of the United
States;
``(3) the term `relevant committees' means the Committees
on the Judiciary of the Senate and of the House of
Representatives; and
``(4) the term `Secretary' means the Secretary of Homeland
Security, in consultation with the Attorney General.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 219
the following:
``Sec. 220. Designation.''.
(e) Mandatory Detention of Criminal Gang Members.--
(1) In general.--Section 236(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)(1)), as amended by this
division, is further amended--
(A) in subparagraph (E), by striking ``or'' at the
end;
(B) in subparagraph (F), by inserting ``or'' at the
end; and
(C) by inserting after subparagraph (F) the
following:
``(G) is inadmissible under section 212(a)(2)(N) or
deportable under section 237(a)(2)(H),''.
(2) Annual report.--Not later than March 1 of each year
(beginning 1 year after the date of the enactment of this Act),
the Secretary of Homeland Security, after consultation with the
appropriate Federal agencies, shall submit a report to the
Committees on the Judiciary of the House of Representatives and
of the Senate on the number of aliens detained under the
amendments made by paragraph (1).
(f) Asylum Claims Based on Gang Affiliation.--
(1) Inapplicability of restriction on removal to certain
countries.--Section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the
matter preceding clause (i), by inserting ``who is described in
section 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or who is''
after ``to an alien''.
(2) Ineligibility for asylum.--Section 208(b)(2)(A) of such
Act (8 U.S.C. 1158(b)(2)(A)) is amended--
(A) in clause (v), by striking ``or'' at the end;
(B) by redesignating clause (vi) as clause (vii);
and
(C) by inserting after clause (v) the following:
``(vi) the alien is described in section
212(a)(2)(N)(i) or section 237(a)(2)(H)(i);
or''.
(g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C.
1254a) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the alien is, or at any time has
been, described in section 212(a)(2)(N) or
section 237(a)(2)(H).''; and
(3) in subsection (d)--
(A) by striking paragraph (3); and
(B) in paragraph (4), by adding at the end the
following: ``The Secretary of Homeland Security may
detain an alien provided temporary protected status
under this section whenever appropriate under any other
provision of law.''.
(h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii))
is amended--
(1) in subclause (I), by striking ``and'';
(2) in subclause (II), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(III) no alien who is, or at any
time has been, described in section
212(a)(2)(N) or section 237(a)(2)(H)
shall be eligible for any immigration
benefit under this subparagraph;''.
(i) Parole.--An alien described in section 212(a)(2)(N) of the
Immigration and Nationality Act, as added by subsection (b), shall not
be eligible for parole under section 212(d)(5)(A) of such Act unless--
(1) the alien is assisting or has assisted the United
States Government in a law enforcement matter, including a
criminal investigation; and
(2) the alien's presence in the United States is required
by the Government with respect to such assistance.
(j) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to acts
that occur before, on, or after the date of the enactment of this Act.
SEC. 3107. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO
REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``1 or both of the
immigrant's parents'' and inserting ``either of the immigrant's
parents''.
SEC. 3108. CLARIFICATION OF AUTHORITY REGARDING DETERMINATIONS OF
CONVICTIONS.
Section 101(a)(48) of the Immigration and National Act (8 U.S.C.
1101(a)(48)) is amended by adding at the end the following:
``(C) In making a determination as to whether a
conviction is for--
``(i) a crime under section 212(a)(2), or
``(ii) a crime under 237(a)(2),
such determination shall be determined on the basis of
the record of conviction and any facts established
within the record of conviction.
``(D) Any reversal, vacatur, expungement, or
modification to a conviction, sentence, or conviction
record that was granted to ameliorate the immigration
consequences of the conviction, sentence, or conviction
record, or was granted for rehabilitative purposes
shall have no effect on the immigration consequences
resulting from the original conviction. The alien shall
have the burden of proving that the reversal, vacatur,
expungement, or modification was not for such purposes.
In no case in which a reversal, vacatur, expungement,
or modification was granted for a procedural or
substantive defect in the criminal proceedings. Whether
an alien has been convicted of a crime for which a
sentence of one year or longer may be imposed or
whether the alien has been convicted for a crime where
the maximum penalty possible did not exceed one year
shall be determined based on the maximum penalty
allowed by the statute of conviction as of the date the
offense was committed. Subsequent changes in State or
Federal law which increase or decrease the sentence
that may be imposed for a given crime shall not be
considered.''.
SEC. 3109. ADDING ATTEMPT AND CONSPIRACY TO COMMIT TERRORISM-RELATED
INADMISSIBILITY GROUNDS ACTS TO THE DEFINITION OF
ENGAGING IN TERRORIST ACTIVITY.
Section 212(a)(3)(B)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iv)) is amended--
(1) in subclause (VI), by striking the period and inserting
``; or''; and
(2) by adding at the end the following:
``(VII) an attempt or conspiracy to
do any of the foregoing.''.
SEC. 3110. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
(a) In General.--Section 287(d) of the Immigration and Nationality
Act (8 U.S.C. 1357(d)) is amended to read as follows:
``(d) Detainer of Inadmissible or Deportable Aliens.--
``(1) In general.--In the case of an individual who is
arrested by any Federal, State, or local law enforcement
official or other personnel for the alleged violation of any
criminal law or any motor vehicle law relating to driving while
intoxicated or driving under the influence (including driving
while under the influence of or impairment by alcohol or
drugs), the Secretary may issue a detainer regarding the
individual to any Federal, State, or local law enforcement
entity, official, or other personnel if the Secretary has
probable cause to believe that the individual is an
inadmissible or deportable alien.
``(2) Probable cause.--Probable cause is deemed to be
established if--
``(A) the individual who is the subject of the
detainer matches, pursuant to biometric confirmation or
other Federal database records, the identity of an
alien who the Secretary has reasonable grounds to
believe to be inadmissible or deportable;
``(B) the individual who is the subject of the
detainer is the subject of ongoing removal proceedings,
including matters where a charging document has already
been served;
``(C) the individual who is the subject of the
detainer has previously been ordered removed from the
United States and such an order is administratively
final;
``(D) the individual who is the subject of the
detainer has made voluntary statements or provided
reliable evidence that indicate that they are an
inadmissible or deportable alien; or
``(E) the Secretary otherwise has reasonable
grounds to believe that the individual who is the
subject of the detainer is an inadmissible or
deportable alien.
``(3) Transfer of custody.--If the Federal, State, or local
law enforcement entity, official, or other personnel to whom a
detainer is issued complies with the detainer and detains for
purposes of transfer of custody to the Department of Homeland
Security the individual who is the subject of the detainer, the
Department may take custody of the individual within 48 hours
(excluding weekends and holidays), but in no instance more than
96 hours, following the date that the individual is otherwise
to be released from the custody of the relevant Federal, State,
or local law enforcement entity.''.
(b) Immunity.--
(1) In general.--A State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), and a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, acting in compliance with a Department of Homeland
Security detainer issued pursuant to this section who
temporarily holds an alien in its custody pursuant to the terms
of a detainer so that the alien may be taken into the custody
of the Department of Homeland Security, shall be considered to
be acting under color of Federal authority for purposes of
determining their liability and shall be held harmless for
their compliance with the detainer in any suit seeking any
punitive, compensatory, or other monetary damages.
(2) Federal government as defendant.--In any civil action
arising out of the compliance with a Department of Homeland
Security detainer by a State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), or a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, the United States Government shall be the proper
party named as the defendant in the suit in regard to the
detention resulting from compliance with the detainer.
(3) Bad faith exception.--Paragraphs (1) and (2) shall not
apply to any mistreatment of an individual by a State or a
political subdivision of a State (and the officials and
personnel of the State or subdivision acting in their official
capacities), or a nongovernmental entity (and its personnel)
contracted by the State or political subdivision for the
purpose of providing detention.
(c) Private Right of Action.--
(1) Cause of action.--Any individual, or a spouse, parent,
or child of that individual (if the individual is deceased),
who is the victim of an offense that is murder, rape, or sexual
abuse of a minor, for which an alien (as defined in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3))) has been convicted and sentenced to a term of
imprisonment of at least 1 year, may bring an action against a
State or political subdivision of a State or public official
acting in an official capacity in the appropriate Federal court
if the State or political subdivision, except as provided in
paragraph (3)--
(A) released the alien from custody prior to the
commission of such crime as a consequence of the State
or political subdivision's declining to honor a
detainer issued pursuant to section 287(d)(1) of the
Immigration and Nationality Act (8 U.S.C. 1357(d)(1));
(B) has in effect a statute, policy, or practice
not in compliance with section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373) as amended, and as a consequence
of its statute, policy, or practice, released the alien
from custody prior to the commission of such crime; or
(C) has in effect a statute, policy, or practice
requiring a subordinate political subdivision to
decline to honor any or all detainers issued pursuant
to section 287(d)(1) of the Immigration and Nationality
Act (8 U.S.C. 1357(d)(1)), and, as a consequence of its
statute, policy or practice, the subordinate political
subdivision declined to honor a detainer issued
pursuant to such section, and as a consequence released
the alien from custody prior to the commission of such
crime.
(2) Limitations on bringing action.--An action may not be
brought under this subsection later than 10 years following the
occurrence of the crime, or death of a person as a result of
such crime, whichever occurs later.
(3) Proper defendant.--If a political subdivision of a
State declines to honor a detainer issued pursuant to section
287(d)(1) of the Immigration and Nationality Act (8 U.S.C.
1357(d)) as a consequence of the State or another political
subdivision with jurisdiction over the subdivision prohibiting
the subdivision through a statute or other legal requirement of
the State or other political subdivision--
(A) from honoring the detainer; or
(B) fully complying with section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373),
and, as a consequence of the statute or other legal requirement
of the State or other political subdivision, the subdivision
released the alien referred to in paragraph (1) from custody
prior to the commission of the crime referred to in that
paragraph, the State or other political subdivision that
enacted the statute or other legal requirement, shall be deemed
to be the proper defendant in a cause of action under this
subsection, and no such cause of action may be maintained
against the political subdivision which declined to honor the
detainer.
(4) Attorney's fee and other costs.--In any action or
proceeding under this subsection the court shall allow a
prevailing plaintiff a reasonable attorneys fee as part of the
costs, and include expert fees as part of the attorneys fee.
SEC. 3111. DEPARTMENT OF HOMELAND SECURITY ACCESS TO CRIME INFORMATION
DATABASES.
Section 105(b) of the Immigration and Nationality Act (8 U.S.C.
1105(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``the Service'' and inserting ``the
Department of Homeland Security''; and
(B) by striking ``visa applicant or applicant for
admission'' and inserting ``visa applicant, applicant
for admission, applicant for adjustment of status, or
applicant for any other benefit under the immigration
laws''; and
(2) by inserting after paragraph (4) the following:
``(5) The Secretary of Homeland Security shall receive,
upon request, access to the information described in paragraph
(1) by means of extracts of the records for placement in the
appropriate database without any fee or charge.''.
TITLE IV--ASYLUM REFORM
SEC. 4101. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``claim'' and all that
follows, and inserting ``claim, as determined pursuant to section
208(b)(1)(B)(iii), and such other facts as are known to the officer,
that the alien could establish eligibility for asylum under section
208, and it is more probable than not that the statements made by, and
on behalf of, the alien in support of the alien's claim are true.''.
SEC. 4102. JURISDICTION OF ASYLUM APPLICATIONS.
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1158) is amended by striking subparagraph (C).
SEC. 4103. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.
(a) In General.--The Secretary of Homeland Security shall establish
quality assurance procedures and take steps to effectively ensure that
questions by employees of the Department of Homeland Security
exercising expedited removal authority under section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a
uniform manner, to the extent possible, and that both these questions
and the answers provided in response to them are recorded in a uniform
fashion.
(b) Factors Relating to Sworn Statements.--Where practicable, any
sworn or signed written statement taken of an alien as part of the
record of a proceeding under section 235(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a
recording of the interview which served as the basis for that sworn
statement.
(c) Interpreters.--The Secretary shall ensure that a competent
interpreter, not affiliated with the government of the country from
which the alien may claim asylum, is used when the interviewing officer
does not speak a language understood by the alien.
(d) Recordings in Immigration Proceedings.--There shall be an audio
or audio visual recording of interviews of aliens subject to expedited
removal. The recording shall be included in the record of proceeding
and shall be considered as evidence in any further proceedings
involving the alien.
(e) No Private Right of Action.--Nothing in this section shall be
construed to create any right, benefit, trust, or responsibility,
whether substantive or procedural, enforceable in law or equity by a
party against the United States, its departments, agencies,
instrumentalities, entities, officers, employees, or agents, or any
person, nor does this section create any right of review in any
administrative, judicial, or other proceeding.
SEC. 4104. SAFE THIRD COUNTRY.
Section 208(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) by striking ``removed, pursuant to a bilateral or
multilateral agreement, to'' and inserting ``removed to''.
SEC. 4105. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME
COUNTRY.
(a) In General.--Section 208(c) of the Immigration and Nationality
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following
new paragraph:
``(4) Renunciation of status pursuant to return to home
country.--
``(A) In general.--Except as provided in
subparagraph (B), any alien who is granted asylum
status under this Act, who, absent changed country
conditions, subsequently returns to the country of such
alien's nationality or, in the case of an alien having
no nationality, returns to any country in which such
alien last habitually resided, and who applied for such
status because of persecution or a well-founded fear of
persecution in that country on account of race,
religion, nationality, membership in a particular
social group, or political opinion, shall have his or
her status terminated.
``(B) Waiver.--The Secretary has discretion to
waive subparagraph (A) if it is established to the
satisfaction of the Secretary that the alien had a
compelling reason for the return. The waiver may be
sought prior to departure from the United States or
upon return.''.
(b) Conforming Amendment.--Section 208(c)(3) of the Immigration and
Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after
``paragraph (2)'' the following: ``or (4)''.
SEC. 4106. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the Attorney
General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the
asylum application advising the alien of the
consequences of filing a frivolous application and
serving as notice to the alien of the consequence of
filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the''
and all that follows and inserting:
``(A) If the Secretary of Homeland Security or the
Attorney General determines that an alien has knowingly
made a frivolous application for asylum and the alien
has received the notice under paragraph (4)(C), the
alien shall be permanently ineligible for any benefits
under this chapter, effective as the date of the final
determination of such an application;
``(B) An application is frivolous if the Secretary
of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that--
``(i) it is so insufficient in substance
that it is clear that the applicant knowingly
filed the application solely or in part to
delay removal from the United States, to seek
employment authorization as an applicant for
asylum pursuant to regulations issued pursuant
to paragraph (2), or to seek issuance of a
Notice to Appeal in order to pursue
Cancellation of Removal under section 240A(b);
or
``(ii) any of the material elements are
knowingly fabricated.
``(C) In determining that an application is
frivolous, the Secretary or the Attorney General, must
be satisfied that the applicant, during the course of
the proceedings, has had sufficient opportunity to
clarify any discrepancies or implausible aspects of the
claim.
``(D) For purposes of this section, a finding that
an alien filed a frivolous asylum application shall not
preclude the alien from seeking withholding of removal
under section 241(b)(3).) or protection pursuant to the
Convention Against Torture.''.
SEC. 4107. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.
(a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is
amended by inserting after ``all relevant factors'' the following: ``,
including statements made to, and investigative reports prepared by,
immigration authorities and other government officials''.
(b) Relief for Removal Credibility Determinations.--Section
240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(4)(C)) is amended by inserting after ``all relevant factors''
the following: ``, including statements made to, and investigative
reports prepared by, immigration authorities and other government
officials''.
SEC. 4108. PENALTIES FOR ASYLUM FRAUD.
Section 1001 of title 18 is amended by inserting at the end of the
paragraph--
``(d) Whoever, in any matter before the Secretary of Homeland
Security or the Attorney General pertaining to asylum under section 208
of the Immigration and Nationality Act or withholding of removal under
section 241(b)(3) of such Act, knowingly and willfully--
``(1) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(2) makes or uses any false writings or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry;
shall be fined under this title or imprisoned not more than 10 years,
or both.''.
SEC. 4109. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.
Section 3291 of title 18 is amended--
(1) by striking ``1544,'' and inserting ``1544, and section
1546,'';
(2) by striking ``offense.'' and inserting ``offense or
within 10 years after the fraud is discovered.''.
SEC. 4110. TECHNICAL AMENDMENTS.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158)
is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary
of Homeland Security or the'' before ``Attorney
General''; and
(B) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
(2) in subsection (b)(2), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'' each
place such term appears;
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney
General'' each place such term appears and inserting
``Secretary of Homeland Security'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General''; and
(C) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
and
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''
each place such term appears;
(B) in paragraph (2), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security''; and
(C) in paragraph (5)--
(i) in subparagraph (A), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(ii) in subparagraph (B), by inserting
``Secretary of Homeland Security or the''
before ``Attorney General''.
TITLE V--USCIS WAIVERS
SEC. 5101. EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT.
The requirements of subchapter II of chapter 5 of title 5, United
States Code, shall not apply to any rule made in order to carry out
this division or the amendments made by this division, to the extent
the Secretary of Homeland Security determines that compliance with any
such requirement would impede the expeditious implementation of such
division or the amendments made by such division.
SEC. 5102. EXEMPTION FROM PAPERWORK REDUCTION ACT.
The requirements of subchapter I of chapter 35 of title 44, United
States Code, shall not apply to any action to implement this division
or the amendments made by this division to the extent the Secretary of
Homeland Security, the Secretary of State, the Attorney General, or the
Secretary of Labor determines that compliance with any such requirement
would impede the expeditious implementation of such sections or the
amendments made by such sections.
SEC. 5103. SUNSET.
This title shall sunset on the date that is 3 years after the date
of enactment of this Act. Such sunset shall not be construed to impose
any requirements on, or affect the validity of, any rule issued or
other action taken pursuant to such exemptions.
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