[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3478 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3478

      To require the Secretary of Homeland Security to develop a 
   comprehensive strategy for maintaining situational awareness and 
operational control of high traffic areas along the borders, to address 
  the protective custody of alien children accompanied by parents, to 
strengthen accountability for deployment of border security technology 
 at the Department of Homeland Security, to encourage Federal agencies 
 to coordinate on research and the development of technology to combat 
  illicit opioid importation, to establish a narcotic drug screening 
technology pilot program to combat illicit opioid importation, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2018

  Mr. Johnson introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
      To require the Secretary of Homeland Security to develop a 
   comprehensive strategy for maintaining situational awareness and 
operational control of high traffic areas along the borders, to address 
  the protective custody of alien children accompanied by parents, to 
strengthen accountability for deployment of border security technology 
 at the Department of Homeland Security, to encourage Federal agencies 
 to coordinate on research and the development of technology to combat 
  illicit opioid importation, to establish a narcotic drug screening 
technology pilot program to combat illicit opioid importation, 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 TITLES; TABLE OF CONTENTS.

    (a) Short Titles.--This Act may be cited as the ``Fixing America's 
Marred Immigration Laws to Improve and Ensure Security'' or the 
``FAMILIES Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short titles; table of contents.
  TITLE I--DEPARTMENT OF HOMELAND SECURITY ACCOUNTABILITY TO CONGRESS

Sec. 101. Definitions.
Sec. 102. Inspections, oversight, and studies.
Sec. 103. Reporting requirements.
Sec. 104. Maritime border security review.
          TITLE II--BORDER SECURITY TECHNOLOGY ACCOUNTABILITY

Sec. 201. Short title.
Sec. 202. Border security technology accountability.
Sec. 203. Prohibition on additional authorization of appropriations.
                   TITLE III--SECURE MAIL INITIATIVE

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Offering Hold for Pickup and Signature Confirmation services 
                            under the Secure Mail Initiative.
Sec. 304. Report.
                     TITLE IV--HIRING AND RETENTION

Sec. 401. Short titles.
Sec. 402. Flexibility in employment authorities.
                    TITLE V--ANTI-BORDER CORRUPTION

Sec. 501. Short title.
Sec. 502. Hiring flexibility.
Sec. 503. Supplemental Commissioner authority and definitions.
      TITLE VI--KEEPING FAMILIES TOGETHER WHILE ENFORCING THE LAW

Sec. 601. Short title.
Sec. 602. Family unification.
Sec. 603. Additional family residential center capacity.
Sec. 604. Emergency immigration judge resources.

  TITLE I--DEPARTMENT OF HOMELAND SECURITY ACCOUNTABILITY TO CONGRESS

SEC. 101. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Criminal alien.--The term ``criminal alien'' means an 
        alien--
                    (A) who has been charged and convicted of a crime 
                that is the basis for the alien's removal under the 
                Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.); or
                    (B) whose criminal conviction has been recorded in 
                the Deportable Alien Control System and involves a 
                crime that renders the alien removable.
            (3) Family unit.--The term ``family unit'' means a group of 
        individuals consisting of 1 or 2 parents and 1 or more of their 
        minor children.
            (4) Maritime border.--The term ``maritime border'' means--
                    (A) the transit zone; and
                    (B) the borders and territorial waters of Puerto 
                Rico and the United States Virgin Islands.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (6) Transit zone.--The term ``transit zone'' means the sea 
        corridors of the western Atlantic Ocean, the Gulf of Mexico, 
        the Caribbean Sea, and the eastern Pacific Ocean through which 
        undocumented migrants and illicit drugs transit, either 
        directly or indirectly, to the United States.
            (7) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' has the meaning given such term in section 462(g) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. 102. INSPECTIONS, OVERSIGHT, AND STUDIES.

    (a) Family Detention Centers.--
            (1) Inspections.--The Secretary shall inspect the 
        conditions of family detention centers, including--
                    (A) the Karnes County Residential Center;
                    (B) the South Texas Family Residential Center;
                    (C) the Berks Family Residential Center; and
                    (D) any other facilities used by U.S. Immigration 
                and Customs Enforcement to house families awaiting 
                immigration hearings.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary shall submit a report to 
        the appropriate congressional committees that includes the 
        findings of the inspections required under paragraph (1).
    (b) OIG Oversight.--The Inspector General of the Department of 
Health and Human Services, in conjunction with the Inspector General of 
the Department of Homeland Security, and after consultation with the 
Director of U.S. Immigration and Customs Enforcement, shall--
            (1) investigate allegations of abuse of unaccompanied alien 
        children in juvenile detention centers;
            (2) examine the effectiveness and costs of alternatives to 
        detention; and
            (3) submit a report containing the findings of such 
        investigations and examinations to--
                    (A) the Secretary;
                    (B) the appropriate congressional committees;
                    (C) the Committee on the Judiciary of the Senate; 
                and
                    (D) the Committee on the Judiciary of the House of 
                Representatives.
    (c) GAO Study.--The Comptroller General of the United States shall 
conduct a study of--
            (1) wait times for immigration hearings for family units, 
        including time spent in family detention, and wait times for 
        asylum claim hearings; and
            (2) the root causes of family migration, including--
                    (A) the countries of origin of families attempting 
                to enter the United States;
                    (B) changes in economic, political, social 
                conditions in such countries during the 10 years 
                immediately preceding the date of the enactment of this 
                Act; and
                    (C) the role of perceptions of immigration law and 
                social media on the flow of immigration.
    (d) Savings Provision.--Nothing in this section may be construed to 
preempt any other Federal agency, including the Office for Civil Rights 
and Civil Liberties, from investigating allegations of abuse of 
children in juvenile detention centers.

SEC. 103. REPORTING REQUIREMENTS.

    (a) Monthly Reports.--The Secretary, acting through the Under 
Secretary of Homeland Security for Management, and in coordination with 
the heads of other Federal Government agencies, shall submit a monthly 
report to the appropriate congressional committees that identifies, for 
the report month--
            (1) with respect to apprehensions by the Department of 
        Homeland Security, the number of--
                    (A) family units, broken down by U.S. Border Patrol 
                sector;
                    (B) family units originating from El Salvador, 
                Guatemala, or Honduras, broken down by country and U.S. 
                Border Patrol sector;
                    (C) unaccompanied alien children, broken down by 
                U.S. Border Patrol sector and gang affiliation; and
                    (D) unaccompanied alien children originating from 
                El Salvador, Guatemala, or Honduras, broken down by 
                country of origin, U.S. Border Patrol sector, and gang 
                affiliation;
            (2) with respect to children who were separated from their 
        parents by the Department of Homeland Security--
                    (A) the number of such children, broken down by age 
                and by country of origin;
                    (B) whether the family unit crossed at a port of 
                entry or between ports of entry;
                    (C) the number of such children who were suspected 
                of being subjected to human trafficking;
                    (D) the reasons for separating children who crossed 
                at a port of entry from their parents;
                    (E) the number of such children who crossed the 
                border illegally;
                    (F) the number of such children who made an asylum 
                claim, or on whose behalf an asylum claim was made; and
                    (G) the number of such children who were 
                accompanied by a parent who had previously crossed the 
                border illegally;
            (3) with respect to aliens who requested asylum in the 
        United States under section 208 of the Immigration and 
        Nationality Act (8 U.S.C. 1158)--
                    (A) the number of asylum requests received based on 
                an assertion of a credible fear of persecution or 
                torture on account of the alien's race, religion, 
                nationality, membership in a particular social group, 
                or political opinion if the alien is returned to his or 
                her country of nationality;
                    (B) the number of asylum requests granted;
                    (C) the number of asylum requests denied, broken 
                down by the reason for the denial;
                    (D) the number of asylum claims abandoned or 
                withdrawn; and
                    (E) the average time between the date on which an 
                alien requested asylum because of an asserted fear of 
                returning to his or her country of nationality and the 
                date on which the alien was granted or denied asylum 
                based on such request, broken down between affirmative 
                and defensive requests for asylum; and
            (4) with respect to aliens who were ordered removed from 
        the United States--
                    (A) the number of removal orders issued for 
                unaccompanied alien children, adults, and family units, 
                respectively;
                    (B) the number of removal orders issued in absentia 
                for unaccompanied alien children, adults, and family 
                units, respectively; and
                    (C) the number of effectuated removal orders issued 
                for unaccompanied alien children, adults, and family 
                units, respectively.
    (b) Quarterly Reports.--The Secretary, working through the Under 
Secretary of Homeland Security for Management, and the Secretary of 
Health and Human Services, in coordination with the heads of 
appropriate Federal Government agencies, shall jointly submit a 
quarterly report to the appropriate congressional committees that 
identifies, for the report quarter--
            (1) the number of beds that are available for unaccompanied 
        alien children in the custody of the Department of Health and 
        Human Services;
            (2) the actual number of beds available for family units to 
        use in facilities operated by, or through a contract with, the 
        Department of Homeland Security or the Department of Health and 
        Human Services;
            (3) of the unaccompanied alien children processed by the 
        Department of Homeland Security or the Department of Health and 
        Human Services--
                    (A) the number of children referred to the Office 
                of Refugee Resettlement by the Department of Homeland 
                Security;
                    (B) the average length of stay of a child in 
                shelter care;
                    (C) the number of such children, broken down by 
                country of origin, age, and gender;
                    (D) the number of such children who have a criminal 
                record;
                    (E) the number of such children who have been 
                involved with a criminal gang, broken down by the name 
                of the gang;
                    (F) the number of such children who were released 
                to a parent or legal guardian;
                    (G) the number of such children who were released 
                to another immediate adult relative, broken down by the 
                adult relative's relationship to the child;
                    (H) the number of such children who were released 
                to a distant relative or an unrelated adult;
                    (I) the number of children described in 
                subparagraph (F), (G), or (H), broken down by State of 
                current residence;
                    (J) the number of home studies conducted; and
                    (K) the number of such children who were separated 
                from their parents and subsequently reunited with at 
                least 1 parent;
            (4) with respect to drug seizures by U.S. Customs and 
        Border Protection, the amount (in pounds) of cocaine, heroin, 
        marijuana, methamphetamine, and fentanyl seized, broken down 
        by--
                    (A) the number of seizures;
                    (B) the method by which the drugs were transported; 
                and
                    (C) the location of the seizures; and
            (5) with respect to other enforcement actions by U.S. 
        Customs and Border Protection--
                    (A) the number of criminal aliens who were 
                arrested; and
                    (B) the number of criminal aliens with outstanding 
                warrants.
    (c) Annual Reports.--The Under Secretary of Homeland Security for 
Management, in coordination with the Secretary of Homeland Security and 
the heads of other Federal Government agencies, shall submit an annual 
report to the appropriate congressional committees that identifies, for 
the report year--
            (1) the number of visas granted to married aliens, provided 
        that such alien or his or her spouse was younger than 18 years 
        of age at the time of the marriage, broken down by--
                    (A) the country of origin of each spouse;
                    (B) the age of each spouse; and
                    (C) the visa categories involving marriage in which 
                a minor is the beneficiary; and
            (2) the percent of individuals who were apprehended by U.S. 
        Customs and Border Protection multiple times during the report 
        year.

SEC. 104. MARITIME BORDER SECURITY REVIEW.

    (a) Short Title.--This section may be cited as the ``Maritime 
Border Security Review Act''.
    (b) Maritime Border Threat Analysis.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit a maritime 
        border threat analysis to the appropriate congressional 
        committees, the Committee on Commerce, Science, and 
        Transportation of the Senate, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
            (2) Contents.--The analysis under paragraph (1) shall 
        include an identification and description of--
                    (A) current and potential terrorism and criminal 
                threats posed by individuals and groups seeking to--
                            (i) enter the United States through the 
                        maritime border; or
                            (ii) exploit border vulnerabilities on the 
                        maritime border;
                    (B) improvements needed at United States sea 
                ports--
                            (i) to prevent terrorists and instruments 
                        of terror from entering the United States; and
                            (ii) to reduce criminal activity, as 
                        measured by the total flow of illegal goods and 
                        illicit drugs, related to the maritime border;
                    (C) improvements needed with respect to the 
                maritime border--
                            (i) to prevent terrorists and instruments 
                        of terror from entering the United States; and
                            (ii) to reduce criminal activity related to 
                        the maritime border;
                    (D) vulnerabilities in law, policy, cooperation 
                between State, territorial, and local law enforcement, 
                or international agreements that hinder effective and 
                efficient border security, counterterrorism, anti-human 
                trafficking efforts, and the flow of legitimate trade 
                with respect to the maritime border; and
                    (E) metrics and performance parameters used by the 
                Department of Homeland Security to evaluate maritime 
                security effectiveness, as appropriate.
            (3) Analysis requirements.--In preparing the analysis under 
        paragraph (1), the Secretary shall consider and examine--
                    (A) technology needs and challenges;
                    (B) personnel needs and challenges;
                    (C) the role of State, territorial, and local law 
                enforcement in general border security activities;
                    (D) the need for cooperation among Federal, State, 
                territorial, local, and appropriate international law 
                enforcement entities relating to border security;
                    (E) the geographic challenges of the maritime 
                border; and
                    (F) the impact and consequences of Hurricanes 
                Harvey, Irma, Maria, and Nate on general border 
                security activities with respect to the maritime 
                border.
            (4) Classified threat analysis.--To the extent possible, 
        the Secretary shall submit the analysis required under this 
        subsection in unclassified form. The Secretary may submit a 
        portion of the analysis in classified form if the Secretary 
        determines that such form is appropriate for such portion.

          TITLE II--BORDER SECURITY TECHNOLOGY ACCOUNTABILITY

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Border Security Technology 
Accountability Act of 2018''.

SEC. 202. BORDER SECURITY TECHNOLOGY ACCOUNTABILITY.

    (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:

``SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

    ``(a) 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.
    ``(b) Adherence to Standards.--The Secretary, acting through the 
Under Secretary for Management and the Commissioner of U.S. Customs and 
Border Protection, shall ensure that 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 proper program management of border security technology 
acquisition programs under this section.
    ``(c) Plan.--The Secretary, acting through the Under Secretary for 
Management, and in coordination with the Under Secretary for Science 
and Technology and the Commissioner of U.S. Customs and Border 
Protection, shall submit a plan to the appropriate congressional 
committees for testing and evaluation, and the use of independent 
verification and validation resources, for border security technology 
so that new border security technologies are 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 effectiveness of taxpayer dollars.
    ``(d) Major Acquisition Program Defined.--In this section, the term 
`major acquisition program' means a Department acquisition program that 
is estimated by the Secretary to require an eventual total expenditure 
of at least $300,000,000 (based on fiscal year 2017 constant dollars) 
over its life cycle cost.''.
    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 433 the following:

``Sec. 434. Border security technology program management.''.

SEC. 203. PROHIBITION ON ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

    No additional funds are authorized to be appropriated to carry out 
this title or the amendments made by this title. This title and such 
amendments shall be carried out using amounts otherwise available for 
such purposes.

                   TITLE III--SECURE MAIL INITIATIVE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Strengthening the Department of 
Homeland Security Secure Mail Initiative Act''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Hold for pickup service; signature confirmation 
        service.--The terms ``Hold for Pickup service'' and ``Signature 
        Confirmation service'' refer to the services described in 
        sections 507.3.0 and 503.8.1.1.a, respectively, of the Domestic 
        Mail Manual (or any successor services).
            (2) Immigration examinations fee account.--The term 
        ``Immigration Examinations Fee Account'' means the account 
        established under section 286(m) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(m)).
            (3) Postal service.--The term ``Postal Service'' means the 
        United States Postal Service.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 303. OFFERING HOLD FOR PICKUP AND SIGNATURE CONFIRMATION SERVICES 
              UNDER THE SECURE MAIL INITIATIVE.

    (a) In General.--Beginning not later than 1 year after the date of 
the enactment of this Act, the Secretary shall provide for an option 
under the Secure Mail Initiative (or any successor program) under which 
a person to whom a document is sent under that initiative may elect, 
except as provided in subsection (e), to have the Postal Service use 
the Hold for Pickup service or the Signature Confirmation service in 
delivering the document.
    (b) Fee.--
            (1) In general.--The Secretary, in accordance with section 
        286(m) of the Immigration and Nationality Act (8 U.S.C. 
        1356(m)), shall require the payment of a fee from a person 
        electing a service under subsection (a), which shall be set at 
        a level that ensures recovery of--
                    (A) the full costs of providing all such services; 
                and
                    (B) any additional costs associated with the 
                administration of the fees collected.
            (2) Allocation of funds.--Of the fees collected under 
        paragraph (1), the Secretary shall--
                    (A) deposit as offsetting receipts into the 
                Immigration Examinations Fee Account the portion 
                representing--
                            (i) the cost to the Secretary of providing 
                        the services under subsection (a); and
                            (ii) any additional costs associated with 
                        the administration of the fees collected; and
                    (B) transfer to the Postal Service the portion 
                representing the cost to the Postal Service of 
                providing the services under subsection (a).
    (c) Rulemaking.--The Postal Service may promulgate regulations 
that--
            (1) subject to paragraph (2), minimize the cost of 
        providing the services under subsection (a); and
            (2) do not require the Postal Service to incur additional 
        expenses that are not recoverable under subsection (b).
    (d) Notice of Changes.--The Postal Service shall notify the 
Secretary of any changes to the Hold for Pickup service or the 
Signature Confirmation service.
    (e) Use of Private Carrier.--
            (1) In general.--If the Secretary determines that a private 
        carrier that offers substantially similar services to the Hold 
        for Pickup and Signature Confirmation services would provide 
        better service and value than the Postal Service provides under 
        subsection (a), the Secretary may, in accordance with paragraph 
        (2) of this subsection--
                    (A) discontinue use of the services of the Postal 
                Service under subsection (a); and
                    (B) enter into a contract with the private carrier 
                under which a person to whom a document is sent under 
                the Secure Mail Initiative (or any successor program) 
                may elect to have the private carrier use one of the 
                substantially similar services in delivering the 
                document.
            (2) Requirements.--The Secretary may not exercise the 
        authority under paragraph (1) unless the Secretary--
                    (A) determines, and notifies the Postal Service, 
                that the private carrier offers services that are 
                substantially similar to the Hold for Pickup and 
                Signature Confirmation services;
                    (B) provides for an option under the Secure Mail 
                Initiative (or any successor program) under which a 
                person to whom a document is sent under that initiative 
                may elect a service under paragraph (1)(B);
                    (C) requires the payment of a fee from a person 
                electing a service under paragraph (1)(B), which shall 
                be set at a level that ensures recovery of--
                            (i) the full cost of contracting with the 
                        private carrier to provide all such services; 
                        and
                            (ii) any additional costs associated with 
                        the administration of the fees collected; and
                    (D) deposits the fees collected under subparagraph 
                (C) as offsetting receipts into the Immigration 
                Examinations Fees Account.

SEC. 304. REPORT.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary shall submit a report to Congress that describes--
            (1) the implementation of the requirements under section 
        303;
            (2) the fee imposed under subsection (b) or (e)(2)(C), as 
        applicable, of section 303; and
            (3) the number of times during the previous year that a 
        person used a service under subsection (a) or (e)(1)(B) of 
        section 303.

                     TITLE IV--HIRING AND RETENTION

SEC. 401. SHORT TITLES.

    This title may be cited as the ``U.S. Customs and Border Protection 
Hiring and Retention Act of 2018'' or the ``CBP HiRe Act''.

SEC. 402. FLEXIBILITY IN EMPLOYMENT AUTHORITIES.

    (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 employment authorities
    ``(a) Definitions.--In this section--
            ``(1) the term `CBP employee' means an employee of U.S. 
        Customs and Border Protection;
            ``(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 `rural or remote area' means an area within 
        the United States that is not within an area defined and 
        designated as an urbanized area by the Bureau of the Census in 
        the most recently completed decennial census; and
            ``(5) the term `Secretary' means the Secretary of Homeland 
        Security.
    ``(b) Demonstration of Recruitment and Retention Difficulties in 
Rural or Remote Areas.--
            ``(1) In general.--For purposes of subsections (c) and (d), 
        the Secretary shall determine, for a rural or remote area, 
        whether there is--
                    ``(A) a critical hiring need in the area; and
                    ``(B) a direct relationship between--
                            ``(i) the rural or remote nature of the 
                        area; and
                            ``(ii) difficulty in the recruitment and 
                        retention of CBP employees in the area.
            ``(2) Factors.--To inform the determination of a direct 
        relationship under paragraph (1)(B), the Secretary may consider 
        evidence--
                    ``(A) that the Secretary--
                            ``(i) is unable to efficiently and 
                        effectively recruit individuals for positions 
                        as CBP employees, which may be demonstrated 
                        with various types of evidence, including--
                                    ``(I) evidence that multiple 
                                positions have been continuously vacant 
                                for significantly longer than the 
                                national average period for which 
                                similar positions in U.S. Customs and 
                                Border Protection are vacant; and
                                    ``(II) recruitment studies that 
                                demonstrate the inability of the 
                                Secretary to efficiently and 
                                effectively recruit CBP employees for 
                                positions in the area; or
                            ``(ii) experiences a consistent inability 
                        to retain CBP employees that negatively impacts 
                        agency operations at a local or regional level; 
                        or
                    ``(B) of any other inability, directly related to 
                recruitment or retention difficulties, that the 
                Secretary determines sufficient.
    ``(c) Direct Hire Authority; Recruitment and Relocation Bonuses; 
Retention Bonuses.--
            ``(1) Direct hire authority.--
                    ``(A) In general.--The Secretary may appoint, 
                without regard to any provision of sections 3309 
                through 3319, candidates to positions in the 
                competitive service as CBP employees, in a rural or 
                remote area, if the Secretary--
                            ``(i) determines that--
                                    ``(I) there is a critical hiring 
                                need; and
                                    ``(II) there exists a severe 
                                shortage of qualified candidates 
                                because of the direct relationship 
                                identified by the Secretary under 
                                subsection (b)(1)(B) of this section 
                                between--
                                            ``(aa) the rural or remote 
                                        nature of the area; and
                                            ``(bb) difficulty in the 
                                        recruitment and retention of 
                                        CBP employees in the area; and
                            ``(ii) has given public notice for the 
                        positions.
                    ``(B) Prioritization of hiring veterans.--If the 
                Secretary uses the direct hiring authority under 
                subparagraph (A), the Secretary shall apply the 
                principles of preference for the hiring of veterans 
                established under subchapter I of chapter 33.
            ``(2) Recruitment and relocation bonuses.--The Secretary 
        may pay a bonus to an individual (other than an individual 
        described in subsection (a)(2) of section 5753) if--
                    ``(A) the Secretary determines that--
                            ``(i) 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 any other provision of that 
                        section); and
                            ``(ii) the position to which the individual 
                        is appointed or to which the individual moves 
                        or must relocate--
                                    ``(I) is a position as a CBP 
                                employee; and
                                    ``(II) is in a rural or remote area 
                                for which the Secretary has identified 
                                a direct relationship under subsection 
                                (b)(1)(B) of this section between--
                                            ``(aa) the rural or remote 
                                        nature of the area; and
                                            ``(bb) difficulty in the 
                                        recruitment and retention of 
                                        CBP employees in the area; 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).
            ``(3) Retention bonuses.--The Secretary may pay a retention 
        bonus to a 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);
                            ``(ii) the CBP employee is employed in a 
                        rural or remote area for which the Secretary 
                        has identified a direct relationship under 
                        subsection (b)(1)(B) of this section between--
                                    ``(I) the rural or remote nature of 
                                the area; and
                                    ``(II) difficulty in the 
                                recruitment and retention of CBP 
                                employees in the area; and
                            ``(iii) 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).
            ``(4) Rules for bonuses.--
                    ``(A) Maximum bonus.--A bonus paid to an employee 
                under--
                            ``(i) paragraph (2) 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 (3) may not exceed 50 
                        percent of the annual rate of basic pay of the 
                        employee as of the commencement date of the 
                        applicable service period.
                    ``(B) Relation to basic pay.--A bonus paid to an 
                employee under paragraph (2) or (3) shall not be 
                considered part of the basic pay of the employee for 
                any purpose.
            ``(5) OPM oversight.--The Director shall, to the extent 
        practicable--
                    ``(A) set aside a determination of the Secretary 
                under this subsection if the Director finds substantial 
                evidence that the Secretary abused the discretion of 
                the Secretary in making the determination; and
                    ``(B) oversee the compliance of the Secretary with 
                this subsection.
    ``(d) Special Pay Authority.--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 if the Director 
finds that the recruitment or retention efforts of the Secretary with 
respect to positions for CBP employees in an area or location are, or 
are likely to become, significantly handicapped because the positions 
are located in a rural or remote area for which the Secretary has 
identified a direct relationship under subsection (b)(1)(B) of this 
section between--
            ``(1) the rural or remote nature of the area; and
            ``(2) difficulty in the recruitment and retention of CBP 
        employees in the area.
    ``(e) Regular CBP Review.--
            ``(1) Ensuring flexibilities meet cbp needs.--Each year, 
        the Secretary shall review the use of hiring flexibilities 
        under subsections (c) and (d) to fill positions at a location 
        in a rural or remote area to determine--
                    ``(A) the impact of the use of those flexibilities 
                on solving hiring and retention challenges at the 
                location;
                    ``(B) whether hiring and retention challenges still 
                exist at the location; and
                    ``(C) whether the Secretary needs to continue to 
                use those flexibilities at the location.
            ``(2) Consideration.--In conducting the review under 
        paragraph (1), the Secretary shall consider--
                    ``(A) whether any CBP employee accepted an 
                employment incentive under subsection (c) or (d) 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.--The Secretary shall submit to Congress 
        a report on each review required under paragraph (1).
    ``(f) Improving CBP Hiring and Retention.--
            ``(1) Education of cbp hiring officials.--Not later than 
        180 days after the date of the enactment of the CBP HiRe Act, 
        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 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, to address identified hiring 
                challenges in rural or remote areas.
                    ``(D) Developing and enhancing strategic recruiting 
                efforts through 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 in rural or remote areas;
                            ``(ii) a general assessment of the impact 
                        of the strategy developed and implemented under 
                        paragraph (1) on hiring challenges in rural or 
                        remote areas; and
                            ``(iii) other information the Secretary 
                        determines relevant.
    ``(g) Inspector General Review.--Not later than 2 years after the 
date of the enactment of the CBP HiRe Act, the Inspector General of the 
Department of Homeland Security shall review the use of hiring 
flexibilities by the Secretary under subsections (c) and (d) to 
determine whether the use of those flexibilities is helping the 
Secretary meet hiring and retention needs in rural and remote areas.
    ``(h) Report on Polygraph Requests.--The Secretary shall report to 
Congress 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 (c) 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.
            ``(2) Delegation.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary may delegate any authority under this section 
                to the Commissioner.
                    ``(B) Oversight.--The Commissioner may not make a 
                determination under subsection (b)(1) unless the 
                Secretary approves the determination.
    ``(j) Rule of Construction.--Nothing in this section shall be 
construed to exempt the Secretary or the Director from the 
applicability of the merit system principles under section 2301.
    ``(k) Sunset.--The authorities under subsections (c) and (d) shall 
terminate on the date that is 5 years after the date of the enactment 
of the CBP HiRe Act.''.
    (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 employment authorities.''.

                    TITLE V--ANTI-BORDER CORRUPTION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Anti-Border Corruption 
Reauthorization Act of 2018''.

SEC. 502. HIRING FLEXIBILITY.

    Section 3 of the Anti-Border Corruption Act of 2010 (Public Law 
111-376; 6 U.S.C. 221) is amended by striking subsection (b) and 
inserting the following:
    ``(b) Waiver Authority.--The Commissioner of U.S. Customs and 
Border Protection may waive the application of subsection (a)(1) under 
the following circumstances:
            ``(1) In the case of a current, full-time law enforcement 
        officer employed by a State or local law enforcement agency, if 
        such officer--
                    ``(A) has served as a law enforcement officer for 
                not fewer than three years with no break in service;
                    ``(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) In the case of a current, full-time Federal law 
        enforcement officer, if such officer--
                    ``(A) has served as a law enforcement officer for 
                not fewer than three years with no break in service;
                    ``(B) has authority 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.
            ``(3) In the case of an individual who is 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 in subparagraph (B).
    ``(c) Termination of Waiver Authority.--The authority to issue a 
waiver under subsection (b) shall terminate on the date that is 4 years 
after the date of the enactment of the Anti-Border Corruption 
Reauthorization Act of 2018.''.

SEC. 503. SUPPLEMENTAL COMMISSIONER AUTHORITY AND DEFINITIONS.

    (a) Supplemental Commissioner Authority.--Section 4 of the Anti-
Border Corruption Act of 2010 (Public Law 111-376) is amended to read 
as follows:

``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

    ``(a) Nonexemption.--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.''.
    (b) Report.--The Anti-Border Corruption Act of 2010 (Public Law 
111-376) is amended by adding at the end the following:

``SEC. 5. REPORTING REQUIREMENTS.

    ``(a) Annual Report.--Not later than 1 year after the date of the 
enactment of the Anti-Border Corruption Reauthorization Act of 2018, 
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 a report to Congress that includes, with respect to the 
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).''.
    (c) Definitions.--The Anti-Border Corruption Act of 2010, as 
amended by this title, is further amended by adding at the end the 
following:

``SEC. 6. DEFINITIONS.

    ``In this Act:
            ``(1) Federal law enforcement officer.--The term `Federal 
        law enforcement officer' has the meaning given the term `law 
        enforcement officer' under 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 Courts-Martial, 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 meanings 
        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.''.

      TITLE VI--KEEPING FAMILIES TOGETHER WHILE ENFORCING THE LAW

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Keep Families Together and Enforce 
the Law Act''.

SEC. 602. FAMILY UNIFICATION.

    (a) In General.--Section 235 of the Immigration and Nationality Act 
(8 U.S.C. 1225) is amended by adding at the end the following:
    ``(e) Protective Custody of Arriving Alien Children Accompanied by 
Parents.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, including section 3142 of title 18, United States Code, 
        any judicial determination (including any judicial 
        determination made in Flores v. Sessions et. al., (9th Cir. 
        July 5, 2017; C.D. CA. July 24, 2015)), consent decree, or 
        settlement agreement issued before the date of enactment of the 
        Keep Families Together and Enforce the Law Act, and section 
        236.3 of title 8, Code of Federal Regulations (or a successor 
        regulation), the Secretary of Homeland Security shall not use 
        any appropriated funds or be required to implement the terms of 
        the stipulated settlement agreement filed on January 17, 1997, 
        in the United States District Court for the Central District of 
        California in Flores v. Reno, CV 85-4544-RJK, (commonly known 
        as the ``Flores settlement agreement'') in the case of an alien 
        child under the age of 18 years who is--
                    ``(A) accompanied by a parent; and
                    ``(B)(i) apprehended at or near the international 
                border of the United States; or
                    ``(ii) seeking admission to the United States at a 
                port of entry.
            ``(2) Family unit residential centers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary of Homeland Security 
                shall temporarily house an alien child under the age of 
                18 years described in paragraph (1) together with the 
                parent of the child in a family residential center 
                maintained by the Secretary of Homeland Security during 
                the pendency of civil or criminal proceedings.
                    ``(B) Exception.--The Secretary of Homeland 
                Security shall not temporarily house an alien child 
                described in subparagraph (A) in the manner described 
                in that subparagraph if the Secretary of Homeland 
                Security--
                            ``(i) is unable to verify that an 
                        individual accompanying the alien child is the 
                        parent of the alien child;
                            ``(ii) determines that the accompanying 
                        parent of the alien child--
                                    ``(I) has a violent criminal 
                                history; or
                                    ``(II) has committed or been 
                                convicted of--
                                            ``(aa) an aggravated felony 
                                        under section 101(a)(43);
                                            ``(bb) a crime involving 
                                        the attempted use of physical 
                                        force or threatened use of a 
                                        deadly weapon;
                                            ``(cc) an assault resulting 
                                        in bodily injury (as defined in 
                                        section 2266 of title 18, 
                                        United States Code); or
                                            ``(dd) an offense described 
                                        in section 212(a)(2) or 
                                        237(a)(2);
                            ``(iii) determines that the alien child is 
                        or has been a victim of domestic abuse or 
                        sexual abuse; or
                            ``(iv) the alien child is--
                                    ``(I) a victim of trafficking;
                                    ``(II) at risk of becoming a victim 
                                of trafficking;
                                    ``(III) in danger of abuse or 
                                neglect at the hands of the 
                                accompanying parent of the alien child; 
                                or
                                    ``(IV) a danger to himself or 
                                herself or to others.
                    ``(C) Conditions for custody.--The Secretary of 
                Homeland Security shall ensure that each--
                            ``(i) family residential facility is secure 
                        and safe; and
                            ``(ii) alien child and accompanying parent 
                        at a family residential facility has--
                                    ``(I) suitable living 
                                accommodations;
                                    ``(II) access to drinking water and 
                                food;
                                    ``(III) medical assistance in case 
                                of emergencies; and
                                    ``(IV) any other service necessary 
                                for the adequate care of a minor child.
            ``(3) Protective custody of accompanied alien children 
        ineligible for housing in a family residential center.--If an 
        alien child described in paragraph (1) may not be housed with 
        the accompanying parent of the alien child in a family 
        residential center under paragraph (2)(A), the alien child 
        shall be treated as an unaccompanied alien child under the 
        William Wilberforce Trafficking Victims Protection 
        Reauthorization Act of 2008 (8 U.S.C. 1232 et seq.).
            ``(4) Prioritization of accompanied minor and family unit 
        proceedings.--To the maximum extent practicable, the Secretary 
        of Homeland Security and the Attorney General shall prioritize 
        civil and criminal proceedings and decisions on requests for 
        relief from removal of accompanied alien children and families 
        who are in custody under this subsection.''.
    (b) Family Residential Facilities.--The Secretary of Homeland 
Security shall enter into one or more interagency agreements with the 
Attorney General to secure additional family residential centers to 
house accompanied alien children and parents of such children under 
section 235(e) of the Immigration and Nationality Act during the 
pendency of civil or criminal proceedings.
    (c) Applicability.--The amendments made by this Act shall apply 
regardless of the date on which an action giving rise to the 
admissibility or custody of the accompanied child or parent occurs.

SEC. 603. ADDITIONAL FAMILY RESIDENTIAL CENTER CAPACITY.

    (a) Detention Space.--The Secretary of Homeland Security shall 
acquire or construct sufficient detention space to accommodate the 
number of families detained in accordance with section 235(e)(2) of the 
Immigration and Nationality Act, as amended by section 602(a).
    (b) Family Residential Beds.--The Secretary of Homeland Security 
shall increase the number of available family residential beds by not 
less than 1,000, compared to the number of such beds available on the 
date of the enactment of this Act.

SEC. 604. EMERGENCY IMMIGRATION JUDGE RESOURCES.

    The Attorney General shall increase the number of immigration judge 
teams by not less than 225, as compared to the number of immigration 
judge teams on the date of enactment of this Act, including for the 
purpose of conducting prioritized proceedings for accompanied alien 
children and families--
            (1) apprehended at or near the southwest border of the 
        United States; or
            (2) who are seeking admission to the United States at a 
        port of entry.
                                 <all>