[Congressional Record Volume 163, Number 132 (Thursday, August 3, 2017)]
[Senate]
[Pages S4831-S4881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. COLLINS (for herself, Mr. Tester, Mr. Cochran, Mr.
Manchin, Mr. Daines, Ms. Harris, and Mr. Boozman):
S. 1754. A bill to reauthorize section 340H of the Public Health
Service Act to continue to encourage the expansion, maintenance, and
establishment of approved graduate medical residency programs at
qualified teaching health centers, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Ms. COLLINS. Madam President, I rise today to introduce legislation
with my colleague from Montana, Senator Tester, that would extend an
important program to fund Teaching Health Centers, which support the
health and well-being of families in rural and medically underserved
communities. I am pleased that Senators Cochran, Manchin, Daines,
Harris, and Boozman, have joined us as cosponsors.
In the background of the health care debate, there is another crisis
that looms. We are facing a severe shortage of doctors. By 2025, we
will need more than 100,000 new primary care doctors to meet the
growing demand for health care services across the Country. The
shortage is especially critical in rural and underserved communities,
which are often those that have been hit hardest by the opioid
epidemic. The most significant shortages are in family medicine,
general internal medicine, pediatrics, obstetrics and gynecology,
psychiatry, and dentistry.
These shortages have reached crisis levels in many places. In clinics
and health centers in Aroostook County, Maine's northernmost county
where I grew up, I hear stories about vacancies forcing Mainers to
travel many miles simply to see a primary care doctor or dentist.
For the past six years, one program, the Teaching Health Centers
Graduate Medical Education Program, has worked to fill these gaps. This
program helps to train medical residents in community-based settings,
including low-income, underserved rural and urban neighborhoods. For
example, since 2011, the Penobscot Community Health Care Center has
trained 31 residents and served more than 15,000 dental patients in
Bangor, Maine.
We need to meet people in the communities in which they live and
work. This program is training the next generation of physicians, and
has produced real results. When compared with traditional Medicare
graduate medical education residents, those who train at teaching
health centers are significantly more likely to practice primary care
and remain in underserved or rural communities. The numbers speak for
themselves: 82 percent of Teaching Health Center, or THC, residents
choose to practice primary care, compared to 23 percent of traditional
Medicare Graduate Medical Education residents; and 55 percent of THC
residents choose to remain in underserved communities, compared to 26
percent of traditional Medicare GME residents.
Teaching health centers are serving Americans from coast to coast. A
total of 742 THC residents are serving in 27 states and the District of
Columbia. The program is competitive, and trains the best of the best.
For each residency position, THC programs receive more than 100
applications. In 2017, THC residents and faculty will provide more than
one million primary care medical visits to underserved communities.
Teaching Health Centers have demonstrated a record of success, and it
is imperative that we support them. Our legislation would reauthorize
the Teaching Health Centers Graduate Medical Education Program for
three years. It would also allow new programs to expand within existing
centers and the creation of entirely new teaching health centers.
This bill is widely supported by leading community health and
physician organizations, including the American Association of Teaching
Health Centers, National Association of Community Health Centers,
American Academy of Family Physicians, American Association of Colleges
of Osteopathic Medicine, American Osteopathic Association, American
Council of OB/GYNs, Society of Teachers of Family Medicine, and Council
of Academic Family Medicine. We have also received letters of support
from teaching health centers in Maine, Montana, Tennessee, Iowa,
Oklahoma, North Carolina, California, Mississippi, Pennsylvania,
Washington, Texas, Connecticut, New York, Illinois, Massachusetts, and
Idaho.
In the face of nationwide physician shortages, our legislation would
provide a solution for communities today and a path forward to train
the physicians of tomorrow. I urge all of my colleagues to join in
support of this important legislation, the Training the Next Generation
of Primary Care Doctors Act of 2017.
Ms. COLLINS. Madam President, I ask unanimous consent that the
letters be printed in the Record.
There being no objection, the letters were ordered to be printed in
the Record, as follows:
Penobscot Community Health Care,
August 2, 2017.
Hon. Susan Collins,
U.S. Senate,
Washington, DC.
Dear Senator Collins: On behalf of Penobscot Community
Health Care's General Practice Dental Residency program, a
Teaching Health Center training 3-6 residents a year (with
over 28 residents trained since 2011) and serving 15,000
dental patients in Bangor, Maine, I want to express our
appreciation for your relentless efforts to develop
legislation to continue funding and expand the Teaching
Health Center Graduate Medical Education (THCGME) program. We
know that you and your staff have worked long and hard with
multiple stakeholder organizations, including the American
Association of Teaching Health Centers, to create the best
possible legislation that will fund
[[Page S4832]]
adequately this vital program for at least another three
years and provide for expansion to additional medically
underserved areas of our country.
THCs currently train more than 742 residents nationally and
are providing more than a million patient visits in
underserved rural and urban communities. The continuation of
this program is vital in all of the communities they are
located, and preserving this program is critical to the
health of hundreds of thousands around the country. This
investment of federal funding in the THCGME program, coupled
with private, nonfederal resources, guarantees that every
dollar is used exclusively for primary care training, all in
community-based settings. Residents trained in community-
based settings are three times more likely than traditionally
trained residents to practice primary care in a community
based setting ensuring that doctors trained in these settings
remain in communities where they are needed most.
Penobscot Community Health Care appreciates your leadership
on this important issue and is pleased to support your
legislation, which is helping to address the doctor and
dentist shortage that plagues so many communities, both urban
and rural. You have always championed Community Health
Centers, and concurrently Teaching Health Centers,
recognizing the need for accessible, affordable health care
for all no matter if you live in Caribou, Maine or New York
City.
Thank you for your tireless efforts and leadership in the
United States Senate as you strive to preserve and improve
health care for all Americans.
Sincerely,
Kenneth Schmidt, MPA,
President and CEO.
____
Resurrection Family Medicine,
Memphis, TN, August 1, 2017.
Hon. Susan Collins,
U.S. Senate,
Washington, DC.
Dear Senator Collins: On behalf of Resurrection Health
Family Medicine Residency, a Teaching Health Center training
25 residents and providing 15,000 patient visits per year in
Memphis, TN, I write to express our appreciation for your
relentless efforts to develop legislation to continue funding
and expand the Teaching Health Center Graduate Medical
Education (THCGME) program. We know that you and your staff
have worked long and hard with multiple stakeholder
organizations, including the American Association of Teaching
Health Centers, to create the best possible legislation that
will fund adequately this vital program for at least another
three years and provide for expansion to additional medically
underserved areas of our country.
THCs currently train more than 742 residents nationally and
are providing more than a million patient visits in
underserved rural and urban communities. The continuation of
this program is vital in all of the communities they are
located and preserving this program is critical to the health
of hundreds of thousands around the country. This investment
of federal funding in the THCGME program, coupled with
private, nonfederal resources, guarantees that every dollar
is used exclusively for primary care training, all in
community-based settings. Residents trained in community-
based settings are three times more likely than traditionally
trained residents to practice primary care in a community
based setting ensuring that doctors trained in these settings
remain in communities, where they are needed most.
Resurrection Health Family Medicine Residency appreciates
your leadership on this important issue and is pleased to
support your legislation, which is helping to address the
doctor shortage that plagues so many communities, both urban
and rural.
Sincerely,
Jeremy Crider, MD,
Residency Director.
____
The American Congress of
Obstetricians and Gynecologists,
Washington, DC, August 3, 2017.
Hon. Susan Collins,
U.S. Senate,
Washington, DC.
Hon. Jon Tester,
U.S. Senate,
Washington, DC.
Dear Senators Collins and Tester: The American Congress of
Obstetricians and Gynecologists (ACOG), with more than 58,000
physicians and partners dedicated to advancing women's
health, is pleased to endorse the Training the Next
Generation of Primary Care Doctors Act of 2017. Your bill
would help improve access for women in rural and underserved
areas to timely, high quality health care by training primary
care physicians, including obstetrician-gynecologists.
Today, women living in half of all US counties are in areas
without an ob-gyn, including one of Maine's 16 counties, and
35 of Montana's 56 counties. Furthermore, the ob-gyn
workforce is aging and a large number of ob-gyns are retiring
at a time when the female population is expected to increase
36% by 2050. ACOG projects an ob-gyn shortage of 18% by 2030.
Your bill will help alleviate these workforce challenges by
ensuring the Teaching Health Center Graduate Medical
Education (THCGME) program can continue to train ob-gyns and
other primary care physicians in an efficient and effective
manner. Community-based THCGME medical training programs are
critical to filling workforce shortages, as physicians
trained through this program are more likely to practice in
underserved communities. According to the Health Resources
and Services Administration (HRSA), primary care residents
trained in community-based settings are three times more
likely to practice in an underserved community-based setting.
An investment in THCGME to improve access to care in rural
and underserved communities has a long-term impact positive
impact.
Thank you for introducing this legislation to improve
access to high quality care for women. Should you have any
questions or if we can be of assistance in any way, please
contact Mallory Schwarz, ACOG Federal Affairs Manager.
Sincerely,
Haywood L. Brown, MD, FACOG,
President.
____
American Osteopathic Association,
Washington, DC, August 3, 2017.
Hon. Susan Collins,
U.S. Senate,
Washington, DC.
Hon. Jon Tester,
U.S. Senate,
Washington, DC.
Dear Senators Collins and Tester: On behalf of the American
Osteopathic Association (AOA) and the nearly 130,000
osteopathic physicians and osteopathic medical students we
represent, thank you for introducing the ``Training the Next
Generation of Primary Care Doctors Act of 2017.'' This
important bipartisan legislation renews the commitment to the
continued development of the Teaching Health Centers Graduate
Medical Education (THCGME) program to help ensure a robust
primary care workforce in our nation's rural and underserved
communities. We are grateful for your leadership on this
critical issue.
The THCGME program is a vital source of training for
primary care residents to help expand access to care in rural
and underserved communities throughout the country. These
programs, located in 59 teaching health centers in 27 states,
currently train 742 residents in much-needed primary care
fields including family medicine, internal medicine,
pediatrics, obstetrics and gynecology, psychiatry,
geriatrics, and dentistry. The majority of these programs are
accredited by the AOA or are dually accredited (DO/MD)
programs, supporting nearly 800 osteopathic resident
physicians through their training since the program began.
And true to the intent of the THCGME program, residents who
train in these programs are far more likely to practice
primary care and remain in the communities in which they have
trained.
As osteopathic physicians, we are trained in a patient-
centered, hands-on approach to care that focuses on the whole
person, including the physical, mental, and psychosocial
aspects of health. Our training and philosophy includes a
strong emphasis on primary care--in fact, approximately half
of all osteopathic physicians practice in primary care
specialties. Given this strong presence in primary care,
osteopathic medicine aligns naturally with the mission and
goals of the THCGME program that has proven successful in
helping address the existing gaps in our nation's primary
care workforce.
Your legislation provides much-needed stability through
continued funding for the THCGME program, and also creates a
pathway for the expansion of existing centers as well as the
creation of entirely new teaching health centers. We deeply
appreciate your commitment to training the future of the
primary care workforce and thank you for introducing this
important legislation. The AOA and our members stand ready to
assist you in securing its enactment into law.
Sincerely,
Mark A. Baker, DO,
President.
____
Council of Academic
Family Medicine,
Washington, DC, August 3, 2017.
Hon. Susan Collins,
U.S. Senate,
Washington, DC.
Hon. Jon Tester,
U.S. Senate,
Washington, DC.
Dear Senators Collins and Tester: On behalf of the Council
of Academic Family Medicine (CAFM), including the Society of
Teachers of Family Medicine, Association of Departments of
Family Medicine, Association of Family Medicine Residency
Directors, the North American Primary Care Research Group, we
thank you for introducing the Training the Next Generation of
Primary Care Doctors Act of 2017. This legislation is an
important step to providing sustainable funding and growth
for a critical program that helps address the primary care
physician shortage in our country. We appreciate your
leadership on this issue and give you our whole-hearted
support for the legislation.
To help sustain this important program the proposed
legislation provides suitable funding for current Teaching
Health Center Graduate Medical Education (THCGME) programs to
help address the crisis-level shortage of primary care
physicians. The funding level included in the bill will allow
for a per resident amount to be paid for training that is on
par with the Heath Resources and Services Administration
(HRSA) funded study identifying a median cost of
approximately $157 thousand per trainee. Evidence shows
[[Page S4833]]
that the THC program graduates are more likely to practice in
rural and medically underserved communities. We are pleased
that the proposed legislation supports ten new THC programs,
with a priority for those serving rural and medically
underserved populations and areas, recognizing the importance
of growing this successful program.
The Council on Graduate Medical Education (COGME), an
advisory body empaneled by Congress, has urged Congress to
continue of the THCGME program stating that ``THCGME programs
deliver excellent value in physician training,'' and that the
program encourages training in ``delivery systems that
emphasize team-based care in Patient Centered Medical Homes
that maximize quality at a moderate cost''; Additionally, the
Institute of Medicine (IOM), [now National Academy of
Medicine] in a 2014 report identified the THCGME program as
helping meet the need for primary care physicians, especially
those who provide care to underserved populations and worthy
of a permanent funding source.
The current authorization for this vital program expires at
the end of this fiscal year. Without legislative action, the
expiration of this program would mean an exacerbation of the
primary care physician shortage, and a lessening of support
for training in underserved and rural areas. We are grateful
to you both for your exceptional leadership in supporting and
sustaining this vital program by introducing this bill and
helping to shepherd it toward enactment.
The CAFM organizations and our members are pleased to work
with you to secure this legislation's enactment.
Sincerely,
Stephen A Wilson, MD,
President, Society of Teachers of Family Medicine.
Valerie Gilchrist, MD,
President, Association of Departments of Family Medicine.
Karen B Mitchell, MD,
President, Association of Family Medicine Residency
Directors.
William Hogg, MD,
President, North American Primary Care Research Group.
____
RiverStone Health,
Billings, MT, August 2, 2017.
Hon. Susan Collins,
U.S. Senate,
Washington, DC.
Dear Senator Collins: On behalf of the Montana Family
Medicine Residency and RiverStone Health Clinic, one of the
nation's original eleven teaching health centers training 24
family medicine residents and serving over 15,000 residents
or Yellowstone and Carbon County, NIT, I want to express our
appreciation for your relentless efforts to develop
legislation to continue funding and expand the Teaching
Health Center Graduate Medical Education (THCGME) program. We
know that you and your staff have worked long and hard with
multiple stakeholder organizations, including the American
Association of Teaching Health Centers and the National
Association of Community Health Centers, to create the best
possible legislation that will fund adequately this vital
program for at least another three years and provide for
expansion to additional medically underserved areas of our
country.
THCs currently train more than 742 residents nationally and
are providing more than a million patient visits in
underserved rural and urban communities. The continuation of
this program is vital in all of the communities they are
located and preserving this program is critical to the health
of hundreds of thousands around the country, particularly
those who lack access to healthcare absent their local
community health center and its providers. This investment of
federal funding in the THCGME program, coupled with private,
nonfederal resources, guarantees that every dollar is used
exclusively for primary care training, all in community-based
settings.
Residents trained in community-based settings are three
times more likely than traditionally trained residents to
practice primary care in a community based setting ensuring
that doctors trained in these settings remain in communities
where they are needed most. Some 70% of our residency's over
100 graduates practice in MT, a state with widespread
provider shortage areas and multiple counties with no medical
care provider at all.
RiverStone Health and Montana Family Medicine Residency
appreciate your leadership on this important issue and are
pleased to support your legislation, which is helping to
address the doctor shortage that plagues so many communities,
both urban and rural.
Sincerely,
John Felton, MPH, MBA, FACHE,
President & CEO / Health Officer.
______
By Mr. CORNYN (for himself, Mr. Barrasso, Mr. Johnson, Mr.
Tillis, Mr. Heller, Mr. Scott, and Mr. Inhofe):
S. 1757. A bill to strengthen border security, increase resources for
enforcement of immigration laws, and for other purposes; read the first
time.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1757
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 ``Building
America's Trust Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BORDER SECURITY
Sec. 101. Definitions.
Subtitle A--Infrastructure and Equipment
Sec. 102. Strengthening the requirements for barriers along the
southern border.
Sec. 103. Air and marine operations flight hours.
Sec. 104. Capability deployment to specific sectors and regions.
Sec. 105. U.S. Border Patrol physical infrastructure improvements.
Sec. 106. U.S. Border Patrol activities.
Sec. 107. U.S. Border Patrol forward operating bases.
Sec. 108. Border security technology program management.
Sec. 109. Authority to acquire leaseholds.
Sec. 110. National Guard support to secure the southern border and
reimbursement of States for deployment of the National
Guard at the southern border.
Sec. 111. Operation Phalanx.
Sec. 112. Merida Initiative.
Sec. 113. Prohibitions on actions that impede border security on
certain Federal land.
Sec. 114. Landowner and rancher security enhancement.
Sec. 115. Limitation on land owner's liability.
Sec. 116. Eradication of carrizo cane and salt cedar.
Sec. 117. Prevention, detection, control, and eradication of diseases
and pests.
Sec. 118. Exemption from government contracting and hiring rules.
Sec. 119. Transnational criminal organization illicit spotter
prevention and detection.
Sec. 120. Southern border threat analysis.
Subtitle B--Personnel
PART I--Increases in Immigration and Law Enforcement Personnel
Sec. 131. Additional U.S. Customs and Border Protection agents and
officers.
Sec. 132. U.S. Customs and Border Protection hiring and retention
incentives.
Sec. 133. Anti-Border Corruption Reauthorization Act.
Sec. 134. Additional U.S. Immigration and Customs Enforcement
personnel.
Sec. 135. Other immigration and law enforcement personnel.
PART II--Judicial Resources
Sec. 141. Judicial resources for border security.
Sec. 142. Reimbursement to State and local prosecutors for federally
initiated, immigration-related criminal cases.
Subtitle C--Grants
Sec. 151. State criminal alien assistance program.
Sec. 152. Operation Stonegarden.
Sec. 153. Grants for identification of victims of cross-border human
smuggling.
Sec. 154. Grant accountability.
Subtitle D--Authorization of Appropriations
Sec. 161. Authorization of appropriations.
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
Sec. 201. Ports of entry infrastructure.
Sec. 202. Secure communications.
Sec. 203. Border Security Deployment Program.
Sec. 204. Pilot and upgrade of license plate readers at ports of entry.
Sec. 205. Biometric technology.
Sec. 206. Biometric exit data system.
Sec. 207. Sense of Congress on cooperation between agencies.
Sec. 208. Authorization of appropriations.
TITLE III--DOMESTIC SECURITY AND INTERIOR ENFORCEMENT
Subtitle A--General Matters
Sec. 301. Ending catch and release for repeat immigration violators and
criminals aliens.
Sec. 302. Deterring visa overstays.
Sec. 303. Increase in immigration detention capacity.
Sec. 304. Collection of DNA from criminal and detained aliens.
Sec. 305. Collection, use, and storage of biometric data.
Sec. 306. Pilot program for electronic field processing.
Sec. 307. Ending abuse of parole authority.
Sec. 308. Stop Dangerous Sanctuary Cities Act.
Sec. 309. Reinstatement of the Secure Communities program.
Sec. 310. Prevention and deterrence of fraud in obtaining relief from
removal.
[[Page S4834]]
Subtitle B--Protecting Children and America's Homeland Act of 2017
Sec. 320. Short title.
Sec. 321. Repatriation of unaccompanied alien children.
Sec. 322. Expedited due process and screening for unaccompanied alien
children.
Sec. 323. Child welfare and law enforcement information sharing.
Sec. 324. Accountability for children and taxpayers.
Sec. 325. Custody of unaccompanied alien children in formal removal
proceeding.
Sec. 326. Fraud in connection with the transfer of custody of
unaccompanied alien children.
Sec. 327. Notification of States and foreign governments, reporting,
and monitoring.
Sec. 328. Emergency immigration judge resources.
Sec. 329. Reports to Congress.
TITLE IV--PENALTIES FOR SMUGGLING, DRUG TRAFFICKING, HUMAN TRAFFICKING,
TERRORISM, AND ILLEGAL ENTRY AND REENTRY; BARS TO READMISSION OF
REMOVED ALIENS
Sec. 401. Dangerous human smuggling, human trafficking, and human
rights violations.
Sec. 402. Putting the Brakes on Human Smuggling Act.
Sec. 403. Drug trafficking and crimes of violence committed by illegal
aliens.
Sec. 404. Establishing inadmissibility and deportability.
Sec. 405. Penalties for illegal entry; enhanced penalties for entering
with intent to aid, abet, or commit terrorism.
Sec. 406. Penalties for reentry of removed aliens.
Sec. 407. Laundering of monetary instruments.
Sec. 408. Freezing bank accounts of international criminal
organizations and money launderers.
Sec. 409. Criminal proceeds laundered through prepaid access devices,
digital currencies, or other similar instruments.
Sec. 410. Closing the loophole on drug cartel associates engaged in
money laundering.
TITLE V--PROTECTING NATIONAL SECURITY AND PUBLIC SAFETY
Subtitle A--General Matters
Sec. 501. Definition of engaging in terrorist activity.
Sec. 502. Terrorist grounds of inadmissibility.
Sec. 503. Expedited removal for aliens inadmissible on criminal or
security grounds.
Sec. 504. Detention of removable aliens.
Sec. 505. GAO study on deaths in custody.
Sec. 506. GAO study on migrant deaths.
Sec. 507. Statute of limitations for visa, naturalization, and other
fraud offenses involving war crimes or human rights
violations.
Sec. 508. Criminal detention of aliens to protect public safety.
Sec. 509. Recruitment of persons to participate in terrorism.
Sec. 510. Barring and removing persecutors, war criminals, and
participants in crimes against humanity from the United
States.
Sec. 511. Gang membership, removal, and increased criminal penalties
related to gang violence.
Sec. 512. Barring aliens with convictions for driving under the
influence or while intoxicated.
Sec. 513. Barring aggravated felons, border checkpoint runners, and sex
offenders from admission to the United States.
Sec. 514. Protecting immigrants from convicted sex offenders.
Sec. 515. Enhanced criminal penalties for high speed flight.
Sec. 516. Prohibition on asylum and cancellation of removal for
terrorists.
Sec. 517. Aggravated felonies.
Sec. 518. Convictions.
Sec. 519. Pardons.
Sec. 520. Failure to obey removal orders.
Sec. 521. Sanctions for countries that delay or prevent repatriation of
their nationals.
Sec. 522. Enhanced penalties for construction and use of border
tunnels.
Sec. 523. Enhanced penalties for fraud and misuse of visas, permits,
and other documents.
Sec. 524. Expansion of criminal alien repatriation programs.
Subtitle B--Strong Visa Integrity Secures America Act
Sec. 531. Short title.
Sec. 532. Visa security.
Sec. 533. Electronic passport screening and biometric matching.
Sec. 534. Reporting visa overstays.
Sec. 535. Student and exchange visitor information system verification.
Sec. 536. Social media review of visa applicants.
Subtitle C--Visa Cancellation and Revocation
Sec. 541. Cancellation of additional visas.
Sec. 542. Visa information sharing.
Sec. 543. Visa interviews.
Sec. 544. Judicial review of visa revocation.
Subtitle D--Secure Visas Act
Sec. 551. Short title.
Sec. 552. Authority of the Secretary of Homeland Security and Secretary
of State.
Subtitle E--Other Matters
Sec. 561. Requirement for completion of background checks.
Sec. 562. Withholding of adjudication.
Sec. 563. Access to the National Crime Information Center Interstate
Identification Index.
Sec. 564. Appropriate remedies for immigration litigation.
Sec. 565. Use of 1986 IRCA legalization information for national
security purposes.
Sec. 566. Uniform statute of limitations for certain immigration,
naturalization, and peonage offenses.
Sec. 567. Conforming amendment to the definition of racketeering
activity.
Sec. 568. Validity of electronic signatures.
TITLE VI--PROHIBITION ON TERRORISTS OBTAINING LAWFUL STATUS IN THE
UNITED STATES
Subtitle A--Prohibition on Adjustment to Lawful Permanent Resident
Status
Sec. 601. Lawful permanent residents as applicants for admission.
Sec. 602. Date of admission for purposes of adjustment of status.
Sec. 603. Precluding asylee and refugee adjustment of status for
certain grounds of inadmissibility and deportability.
Sec. 604. Precluding refugee adjustment of status for persecutors and
human rights violators.
Sec. 605. Removal of condition on lawful permanent resident status
prior to naturalization.
Sec. 606. Prohibition on terrorists and aliens who pose a threat to
national security or public safety from receiving an
adjustment of status.
Sec. 607. Treatment of applications for adjustment of status during
pending denaturalization proceedings.
Sec. 608. Extension of time limit to permit rescission of permanent
resident status.
Sec. 609. Barring persecutors and terrorists from registry.
Subtitle B--Prohibition on Naturalization and United States Citizenship
Sec. 621. Barring terrorists from becoming naturalized United States
citizens.
Sec. 622. Terrorist bar to good moral character.
Sec. 623. Prohibition on judicial review of naturalization applications
for aliens in removal proceedings.
Sec. 624. Limitation on judicial review when agency has not made
decision on naturalization application and on denials.
Sec. 625. Clarification of denaturalization authority.
Sec. 626. Denaturalization of terrorists.
Sec. 627. Treatment of pending applications during denaturalization
proceedings.
Sec. 628. Naturalization document retention.
Subtitle C--Forfeiture of Proceeds From Passport and Visa Offences, and
Passport Revocation.
Sec. 631. Forfeiture of proceeds from passport and visa offenses.
Sec. 632. Passport Revocation Act.
TITLE VII--OTHER MATTERS
Sec. 701. Other Immigration and Nationality Act amendments.
Sec. 702. Exemption from the Administrative Procedure Act.
Sec. 703. Exemption from the Paperwork Reduction Act.
Sec. 704. Ability to fill and retain DHS positions in U.S. territories.
Sec. 705. Severability.
Sec. 706. Funding.
TITLE VIII--TECHNICAL AMENDMENTS
Sec. 801. References to the Immigration and Nationality Act.
Sec. 802. Title I technical amendments.
Sec. 803. Title II technical amendments.
Sec. 804. Title III technical amendments.
Sec. 805. Title IV technical amendments.
Sec. 806. Title V technical amendments.
Sec. 807. Other amendments.
Sec. 808. Repeals; construction.
Sec. 809. Miscellaneous technical corrections.
SEC. 2. DEFINITIONS.
In this Act:
(1) Northern border.--The term ``northern border'' means
the international border between the United States and
Canada.
(2) Southern border.--The term ``southern border'' means
the international border between the United States and
Mexico.
TITLE I--BORDER SECURITY
SEC. 101. DEFINITIONS.
In this title:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' has the meaning given
the term in section 2(2) of the Homeland Security Act of 2002
(6 U.S.C. 101(2)).
(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 that
[[Page S4835]]
term in section 102(e)(1) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, as amended by
section 102 of this Act.
(4) Situational awareness.--The term ``situational
awareness'' has the meaning given that 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)).
Subtitle A--Infrastructure and Equipment
SEC. 102. 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 the detection of illegal entrants) to
construct, install, deploy, operate, and maintain tactical
infrastructure and border technology in the vicinity of the
United States border to deter, impede, and detect illegal
activity in high traffic areas.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Fencing'' and
inserting ``physical barriers'';
(B) in paragraph (1)--
(i) in subparagraph (A), by inserting ``situational
awareness and'' before ``operational control''; and
(ii) by amending subparagraph (B) to read as follows:
``(B) Tactical infrastructure.--
``(i) In general.--Not later than January 20, 2021, the
Secretary of Homeland Security, in carrying out subsection
(a), shall deploy the most practical and effective tactical
infrastructure available along the United States border for
achieving situational awareness and operational control.
``(ii) Tactical infrastructure defined.--In this
subparagraph, the term `tactical infrastructure' includes--
``(I) boat ramps, access gates, forward operating bases,
checkpoints, lighting, and roads, and
``(II) physical barriers (including fencing, border wall
system, and levee walls).''; and
(iii) in subparagraph (C), 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,
Governors of each State on the Southern land border and
Northern land border, other States, local governments, Indian
tribes, representatives of U.S. Border Patrol and U.S.
Customs and Border Protection, relevant Federal, State,
local, and tribal agencies that have jurisdiction over the
Southern land border, or in the maritime environment, and
private property owners in the United States to minimize the
impact on the environment, culture, commerce, and quality of
life of the communities and residents located near the sites
at which physical barriers and tactical infrastructure is to
be constructed.'';
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(ii) by striking ``construction of fences'' and inserting
``the construction of physical barriers''; and
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security may not construct reinforced
fencing, or tactical infrastructure, as the case may be, that
would, in any manner, impede or negatively affect the safety
of any officer or agent of the Department of Homeland
Security or any other Federal agency.'';
(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 is authorized to
waive all legal requirements the Secretary of Homeland
Security, in the Secretary's sole discretion, determines
necessary to ensure the expeditious construction,
installation, operation, and maintenance of the tactical
infrastructure and technology under this section. Any such
decision by the Secretary of Homeland Security shall be
effective upon publication in the Federal Register.''; and
(4) by striking subsection (d) and inserting the following:
``(d) Construction, Installation and Maintenance of
Technology.--
``(1) In general.--Not later than January 20, 2021, the
Secretary of Homeland Security, in carrying out subsection
(a), shall deploy the most practical and effective technology
available along the United States border for achieving
situational awareness and operational control of the border.
``(2) Technology defined.--In this subsection, the term
`technology' includes border surveillance and detection
technology, including--
``(A) radar surveillance systems;
``(B) Vehicle and Dismount Exploitation Radars (VADER);
``(C) 3-dimensional, seismic acoustic detection and ranging
border tunneling detection technology;
``(D) sensors;
``(E) unmanned cameras; and
``(F) man-portable and mobile vehicle-mounted unmanned
aerial vehicles.
``(e) Definitions.--In this section:
``(1) High traffic areas.--The term `high traffic areas'
means sectors along the northern, southern, or coastal border
that--
``(A) are within the responsibility of U.S. Customs and
Border Protection; and
``(B) have significant unlawful cross-border activity.
``(2) Situational awareness.--The term `situational
awareness' has the meaning given the term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328).''.
SEC. 103. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Increased Flight Hours.--The Secretary of Homeland
Security 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 of Homeland
Security shall ensure that Air and Marine Operations operate
unmanned aerial systems 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 mission for Air and Marine Operations is to
directly support U.S. Border Patrol activities along the
southern border; and
(2) the Executive Associate 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 (c), 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) Study and Report.--
(1) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall commence a comprehensive study on the realignment of
the Air and Marine Office as a directorate of U.S. Border
Patrol.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that
contains the results of the study under paragraph (1),
including recommendations and timeframes for implementing
such realignment described in such paragraph.
SEC. 104. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND
REGIONS.
(a) In General.--Not later than January 20, 2021, the
Secretary of Homeland Security, in implementing section 102
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (as amended by section 102 of this
Act), 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) Subterranean surveillance and detection technologies.
(B) 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) Maritime patrol aircraft.
(iv) Coastal radar surveillance systems.
(v) Maritime signals intelligence capabilities.
(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
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.
(3) Yuma sector.--For the Yuma sector, the following:
(A) Tower-based surveillance technology.
(B) Mobile vehicle-mounted and man-portable surveillance
systems.
(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.
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(G) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(H) Man-portable unmanned aerial vehicles.
(4) Tucson sector.--For the Tucson sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Man-portable unmanned aerial vehicles.
(C) Tower-based surveillance technology.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) Deployable, lighter-than-air ground surveillance
equipment.
(G) A rapid reaction capability supported by aviation
assets.
(5) El paso sector.--For the El Paso sector, the following:
(A) Tower-based surveillance technology.
(B) Ultralight aircraft detection capabilities.
(C) Advanced unattended surveillance sensors.
(D) Mobile vehicle-mounted and man-portable surveillance
systems.
(E) Deployable, lighter-than-air ground surveillance
equipment.
(F) A rapid reaction capability supported by aviation
assets.
(G) Man-portable surveillance 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.
(7) Del rio sector.--For the Del Rio sector, the following:
(A) Increased monitoring for cross-river dams, culverts,
and footpaths.
(B) Improved agent communications capabilities.
(C) Improved maritime capabilities in the Amistad National
Recreation Area.
(D) Advanced unattended surveillance sensors.
(E) A rapid reaction capability supported by aviation
assets.
(F) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(G) Man-portable unmanned aerial vehicles.
(8) Laredo sector.--For the Laredo sector, the following:
(A) Maritime detection resources for the Falcon Lake
region.
(B) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(C) Increased monitoring for cross-river dams, culverts,
and footpaths.
(D) Ultralight aircraft detection capability.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by aviation
assets.
(G) Man-portable unmanned aerial vehicles.
(9) Rio grande valley sector.--For the Rio Grande Valley
sector, the following:
(A) Deployable, lighter-than-air ground surveillance
equipment.
(B) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(C) Ultralight aircraft detection capability.
(D) Advanced unattended surveillance sensors.
(E) Increased monitoring for cross-river dams, culverts,
footpaths.
(F) A rapid reaction capability supported by aviation
assets.
(G) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(H) Man-portable unmanned aerial vehicles.
(10) Eastern pacific maritime region.--For the Eastern
Pacific Maritime region, the following:
(A) Not later than two years after the date of the
enactment of this Act, an increase of not less than ten
percent 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.
(11) Caribbean and gulf maritime region.--For the Caribbean
and Gulf Maritime region, the following:
(A) Not later than two years after the date of the
enactment of this Act, an increase of not less than ten
percent 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) Increased maritime domain awareness and surveillance
capabilities, including the following:
(i) Unmanned aerial vehicles with maritime surveillance
capability.
(ii) Increased maritime aviation patrol hours.
(iii) Coastal radar surveillance systems with long range
day and night cameras capable of providing 100 percent
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.
(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.
(12) Blaine sector.--For the Blaine sector, the following:
(A) Coastal radar surveillance systems.
(B) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(C) Advanced unattended surveillance sensors.
(D) Improved agent communications systems.
(E) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(F) Man-portable unmanned aerial vehicles.
(G) Ultralight aircraft detection capabilities.
(H) Modernized port of entry surveillance capabilities.
(I) Increased maritime interdiction capabilities.
(13) Spokane sector.--For the Spokane sector, the
following:
(A) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(B) Advanced unattended surveillance sensors.
(C) Improved agent communications systems.
(D) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(E) Man-portable unmanned aerial vehicles.
(F) Completion of six miles of the Bog Creek road.
(G) Ultralight aircraft detection capabilities.
(H) Modernized port of entry surveillance capabilities.
(I) Increased maritime interdiction capabilities.
(14) Havre sector.--For the Havre sector, the following:
(A) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(B) Advanced unattended surveillance sensors.
(C) Improved agent communications systems.
(D) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(E) Man-portable unmanned aerial vehicles.
(F) Ultralight aircraft detection capabilities.
(G) Modernized port of entry surveillance capabilities.
(15) Grand forks sector.--For the Grand Forks sector, the
following:
(A) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(B) Advanced unattended surveillance sensors.
(C) Improved agent communications systems.
(D) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(E) Man-portable unmanned aerial vehicles.
(F) Ultralight aircraft detection capabilities.
(G) Modernized port of entry surveillance capabilities.
(16) Detroit sector.--For the Detroit sector, the
following:
(A) Coastal radar surveillance systems.
(B) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(C) Advanced unattended surveillance sensors.
(D) Improved agent communications systems.
(E) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(F) Man-portable unmanned aerial vehicles.
(G) Ultralight aircraft detection capabilities.
(H) Modernized port of entry surveillance capabilities.
(I) Increased maritime interdiction capabilities.
(17) Buffalo sector.--For the Buffalo sector, the
following:
(A) Coastal radar surveillance systems.
(B) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(C) Advanced unattended surveillance sensors.
(D) Improved agent communications systems.
[[Page S4837]]
(E) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(F) Man-portable unmanned aerial vehicles.
(G) Ultralight aircraft detection capabilities.
(H) Modernized port of entry surveillance capabilities.
(I) Increased maritime interdiction capabilities.
(18) Swanton sector.--For the Swanton sector, the
following:
(A) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(B) Advanced unattended surveillance sensors.
(C) Improved agent communications systems.
(D) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(E) Man-portable unmanned aerial vehicles.
(F) Ultralight aircraft detection capabilities.
(G) Modernized port of entry surveillance capabilities.
(19) Houlton sector.--For the Houlton sector, the
following:
(A) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(B) Advanced unattended surveillance sensors.
(C) Improved agent communications systems.
(D) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(E) Man-portable unmanned aerial vehicles.
(F) Ultralight aircraft detection capabilities.
(G) Modernized port of entry surveillance capabilities.
(b) Reimbursement Related to the Lower Rio Grande Valley
Flood Control Project.--The International Boundary and Water
Commission is authorized to reimburse State and local
governments for any expenses incurred before, on, or after
the date of the enactment of this Act by such governments in
designing, constructing, and rehabilitating the Lower Rio
Grande Valley Flood Control Project of the Commission.
(c) Tactical Flexibility.--
(1) Southern and northern land borders.--The Secretary of
Homeland Security may alter the capability deployment
referred to in this section if the Secretary determines,
after notifying the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives, that such
alteration is required to enhance situational awareness or
operational control.
(2) Maritime border.--
(A) Notification.--The Commandant of the Coast Guard 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 referred
to in this section, 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 each of the sectors
referred to in paragraphs (10) and (11) of subsection (a).
(B) Alteration.--The Commandant of the Coast Guard may
alter the capability deployments referred to in this section
if the Commandant--
(i) determines, after consultation with the appropriate
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 each of the sectors
referred to in subsection (a).
SEC. 105. U.S. BORDER PATROL PHYSICAL INFRASTRUCTURE
IMPROVEMENTS.
The Secretary of Homeland Security shall upgrade existing
physical infrastructure of the Department of Homeland
Security, and construct and acquire additional physical
infrastructure, including--
(1) U.S. Border Patrol stations;
(2) U.S. Border Patrol checkpoints;
(3) mobile command centers; and
(4) other necessary facilities, structures, and properties.
SEC. 106. U.S. BORDER PATROL ACTIVITIES.
The Chief of the U.S. Border Patrol shall direct agents of
the U.S. Border Patrol to patrol as close to the physical
land border as possible, consistent with the accessibility to
such areas.
SEC. 107. U.S. BORDER PATROL FORWARD OPERATING BASES.
(a) Upgrades and Maintenance for Forward Operating Bases.--
Not later than January 20, 2021, the Secretary of Homeland
Security shall upgrade existing forward operating bases of
U.S. Border Patrol on or near the southern border to ensure
that such bases meet the minimum requirements set forth in
subsection (b).
(b) Minimum Requirements.--Each forward operating base
operated by U.S. Customs and Border Protection shall be
equipped with--
(1) perimeter security;
(2) short-term detention space (separate from existing
housing facilities);
(3) portable generators or shore power sufficient to meet
the power requirements for the base;
(4) interview rooms;
(5) adequate communications, including wide area network
connectivity;
(6) cellular service;
(7) potable water; and
(8) a helicopter landing zone.
SEC. 108. 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. 434. 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 2017 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 and
evaluation, as well as 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
compliance with relevant departmental acquisition policies
and the Federal Acquisition Regulation, as well as the
effectiveness 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. 434. Border security technology program management.''.
(c) Prohibition on Additional Authorization of
Appropriations.--No additional funds are authorized to be
appropriated to carry out section 434 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. 109. AUTHORITY TO ACQUIRE LEASEHOLDS.
Notwithstanding any other provision of law, if the
Secretary of Homeland Security determines that the
acquisition of a leasehold interest in real property and the
construction or modification of any facility on the leased
property are necessary to facilitate the implementation of
this Act, the Secretary may--
(1) acquire a leasehold interest;
(2) construct or modify such facility;
(3) accept real or personal property donations of any value
through U.S. Customs and Border Protection's Donations
Acceptance Program under the Cross-Border Trade Enhancement
Act of 2016 (Public Law 114-279) or through other public-
public or public-private partnership arrangements at any
location at which U.S. Customs and Border Protection
operates; and
(4) designate any leasing action as exempt from Federal
lease scoring rules.
SEC. 110. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN
BORDER AND REIMBURSEMENT OF STATES FOR
DEPLOYMENT OF THE NATIONAL GUARD AT THE
SOUTHERN BORDER.
(a) In General.--With the approval of the Secretary of
Defense, the Secretary of Homeland Security, or 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, along the
southern border for the purposes of assisting U.S.
[[Page S4838]]
Customs and Border Protection to secure the southern border.
(b) Assignment of Operations and Missions.--
(1) In general.--National Guard units and personnel
deployed under subsection (a) may be assigned such operations
and missions specified in subsection (c) as may be necessary
to secure the southern border.
(2) Nature of duty.--The duty of National Guard personnel
performing operations and missions described in paragraph (1)
shall be full-time duty under title 32, United States Code.
(c) Range of Operations and Missions.--The operations and
missions assigned under subsection (b) shall include the
temporary authority to--
(1) construct reinforced fencing or other barriers;
(2) conduct ground-based surveillance systems;
(3) operate unmanned and manned aircraft;
(4) provide radio communications interoperability between
U.S. Customs and Border Protection and State, local, and
tribal law enforcement agencies; and
(5) construct checkpoints along the southern border to
bridge the gap to long-term permanent checkpoints.
(d) Materiel and Logistical Support.--The Secretary of
Defense shall deploy such materiel and equipment, and
logistical support as may be necessary to ensure success of
the operations and missions conducted by the National Guard
under this section.
(e) Exclusion From National Guard Personnel Strength
Limitations.--National Guard personnel deployed under
subsection (a) shall not be included in--
(1) the calculation to determine compliance with limits on
end strength for National Guard personnel; or
(2) limits on the number of National Guard personnel that
may be placed on active duty for operational support under
section 115 of title 10, United States Code.
(f) Reimbursement Required.--
(1) In general.--The Secretary of Defense shall reimburse
States for the cost of the deployment of any units or
personnel of the National Guard to perform operations and
missions in full-time State Active Duty in support of a
southern border mission. The Secretary of Defense may not
seek reimbursement from the Secretary of Homeland Security
for any reimbursements to States for the costs of such
deployments.
(2) Limitation.--The total amount of reimbursements under
this section may not exceed $35,000,000 for any fiscal year.
SEC. 111. OPERATION PHALANX.
(a) In General.--The Secretary of Defense, with the
concurrence of the Secretary of Homeland Security, shall
provide assistance to U.S. Customs and Border Protection for
purposes of increasing ongoing efforts to secure the southern
border.
(b) Types of Assistance Authorized.--The assistance
provided under subsection (a) may include--
(1) deployment of manned aircraft, unmanned aerial
surveillance systems, and ground-based surveillance systems
to support continuous surveillance of the southern border;
and
(2) 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) Authorization of Appropriations.--There are authorized
to be appropriated for the Department of Defense $75,000,000
to provide assistance under this section. The Secretary of
Defense may not seek reimbursement from the Secretary of
Homeland Security for any assistance provided under this
section.
(e) Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall submit a report to the appropriate
congressional defense committees (as defined in section
101(a)(16) of title 10, United States Code) regarding any
assistance provided under subsection (a) during the period
specified in paragraph (3).
(2) Elements.--Each report under paragraph (1) shall
include, for the period specified in paragraph (3), a
description of--
(A) the assistance provided;
(B) the sources and amounts of funds used to provide such
assistance; and
(C) the amounts obligated to provide such assistance.
(3) Period specified.--The period specified in this
paragraph is--
(A) in the case of the first report required under
paragraph (1), the 90-day period beginning on the date of the
enactment of this Act; and
(B) in the case of any subsequent report submitted under
paragraph (1), the calendar year for which the report is
submitted.
SEC. 112. MERIDA INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that
assistance to Mexico, including assistance from the
Department of State and the Department of Defense and any aid
related to the Merida Initiative, should--
(1) focus on providing enhanced border security and
judicial reform and support for Mexico's drug crop
eradication efforts; and
(2) return to its original focus and prioritize security,
training, and acquisition of equipment for Mexican security
forces involved in drug crop eradication efforts.
(b) Assistance for Mexico.--The Secretary of State, in
coordination with the Secretary of Homeland Security, and the
Secretary of Defense shall provide assistance to Mexico to--
(1) combat drug trafficking and related violence, organized
crime, and corruption;
(2) build a modern border security system capable of
preventing illegal migration;
(3) support border security and cooperation with United
States law enforcement agencies on border incursions;
(4) support judicial reform, institution building, and rule
of law activities; and
(5) provide for training and equipment for Mexican security
forces involved in drug crop eradication efforts.
(c) Allocation of Funds; Report.--
(1) In general.--Notwithstanding any other provision of
law, 50 percent of any assistance appropriated in any
appropriations Act to implement this section shall be
withheld until after the Secretary of State submits a written
report to the congressional committees specified in paragraph
(3) certifying that the Government of Mexico is--
(A) significantly reducing illegal migration, drug
trafficking, and cross-border criminal activities; and
(B) improving the transparency and accountability of
Mexican Federal police forces and working with Mexican State
and municipal authorities to improve the transparency and
accountability of Mexican State and municipal police forces.
(2) Matters to include.--The report required under
paragraph (1) shall include a description of--
(A) actions taken by the Government of Mexico to address
the matters described in such paragraph; and
(B) any instances in which the Secretary of State
determines that the actions taken by the Government of Mexico
are inadequate to address such matters.
(3) Congressional committees specified.--The congressional
committees specified in this paragraph are--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on Homeland Security of the House of
Representatives; and
(F) the Committee on the Judiciary of the House of
Representatives.
(d) Notifications.--Any assistance made available by the
Secretary of State under this section shall be subject to--
(1) the notification procedures set forth in section 634A
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1); and
(2) the notification requirements of--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives; and
(D) the Committee on the Judiciary of the House of
Representatives.
(e) Spending Plan.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of State shall
submit, to the congressional committees specified in
paragraph (2), a detailed spending plan for assistance to
Mexico under this section, which shall include a strategy,
developed after consulting with relevant authorities of the
Government of Mexico for--
(A) combating drug trafficking and related violence and
organized crime; and
(B) anti-corruption and rule of law activities, which shall
include concrete goals, actions to be taken, budget
proposals, and a description of anticipated results.
(2) Congressional committees specified.--The congressional
committees specified in this paragraph are--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Appropriations of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Committee on Homeland Security of the House of
Representatives; and
(H) the Committee on the Judiciary of the House of
Representatives.
SEC. 113. 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 shall not impede,
prohibit, or restrict activities of U.S. Customs and Border
Protection on covered Federal land to execute search and
rescue operations or to prevent all unlawful entries into the
United States, including entries by terrorists, other
unlawful aliens, instruments of terrorism, narcotics, and
other contraband through the southern border or the northern
border.
(2) Applicability.--The authority of U.S. Customs and
Border Protection to conduct activities described in
paragraph (1) on covered Federal land applies without regard
to whether a state of emergency exists.
[[Page S4839]]
(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, other 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) the use of vehicles to patrol the border area,
apprehend illegal entrants, and rescue individuals; and
(B) the construction, installation, operation and
maintenance of tactical infrastructure and border technology
as set forth in section 102 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (as amended by
section 102 of this Act).
(c) Exemption From Certain Laws.--
(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 paragraph are all Federal, State, and other
laws, regulations, and legal requirements of, deriving from,
or related to the subject of, the following laws:
(A) The National Environmental Policy Act (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 Archeological 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 (Pub. L. 88-577, 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 (Pub. L. 106-
145).
(Y) Sections 102(29) and 103 of the California Desert
Protection Act of 1994 (Pub. L. 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 (16
U.S.C. 1a-1 et seq.).
(BB) Sections 401(7), 403, and 404 of the National Parks
and Recreation Act of 1978 (Pub. L. 95-625).
(CC) Subsections (a) through (f) of section 301 of the
Arizona Desert Wilderness Act of 1990 (16 U.S.C. 1132 note).
(DD) The Act of March 3, 1899 (33 U.S.C. 401 et seq.)
(commonly known as the ``Rivers and Harbors Appropriation Act
of 1899'').
(EE) The Act of June 8, 1940 (16 U.S.C. 668 et seq.)
(commonly known as the ``Bald and Golden Eagle Protection
Act'').
(FF) The Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001 et seq.).
(GG) Public Law 95-341 (42 U.S.C. 1996)(commonly known as
the ``American Indian Religious Freedom Act'').
(HH) The Religious Freedom Restoration Act of 1993 (42
U.S.C. 2000bb et seq.).
(II) The National Forest Management Act of 1976 (16 U.S.C.
472a et seq.).
(JJ) The Multiple-Use 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 as the
waiver applied to that provision of law.
(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 back country
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) 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. 114. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.
(a) Establishment of National Border Security Advisory
Committee.--The Secretary of Homeland Security 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 of Homeland
Security 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 per State
who--
(1) has at least 5 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. 115. LIMITATION ON LAND OWNER'S LIABILITY.
Section 287 of the Immigration and Nationality Act (8
U.S.C. 1357) is amended by adding at the end the following:
``(i) Indemnity for Actions of Law Enforcement Officers.--
``(1) In general.--Notwithstanding any other provision of
law, and subject to appropriations, any owner of land located
in the United States within 100 miles of the southern border
of the United States may seek reimbursement from the
Department of Homeland Security and the Secretary of Homeland
Security shall pay for any adverse final tort judgment for
negligence (excluding attorneys' fees and costs) authorized
under Federal or State tort law, arising directly from any
border patrol action, such as apprehensions, tracking, and
detention of aliens, that is conducted on privately-owned
land if--
``(A) such land owner has been found negligent by a Federal
or State court in any tort litigation;
``(B) such land owner has not already been reimbursed for
the final tort judgment, including outstanding attorneys'
fees and costs;
``(C) such land owner did not have or does not have
sufficient property insurance to cover the judgment and has
had an insurance claim for such coverage denied; and
``(D) such tort action was brought against such land owner
as a direct result of activity of law enforcement officers of
the Department of Homeland Security, acting in their official
capacity, on the owner's land.
``(2) Definitions.--In this subsection--
``(A) the term `land' includes roads, water, watercourses,
and private ways, and buildings, structures, machinery, and
equipment that is attached to real property; and
``(B) the term `owner' includes the possessor of a fee
interest, a tenant, a lessee, an occupant, the possessor of
any other interest in land, and any person having a right to
grant permission to use the land.
``(3) Exceptions.--Nothing in this subsection may be
construed to require the Secretary of Homeland Security to
reimburse, under subparagraph (i)(1), a land owner for any
adverse final tort judgment for negligence or to limit land
owner liability which would otherwise exist for--
[[Page S4840]]
``(A) willful or malicious failure to guard or warn against
a known dangerous condition, use, structure, or activity
likely to cause harm;
``(B) maintaining an attractive nuisance;
``(C) gross negligence; or
``(D) direct interference with, or hindrance of, any agent
or officer of the Federal Government who is authorized to
enforce the immigration laws of the United States during--
``(i) a patrol of such landowner's land; or
``(ii) any action taken to apprehend or detain any alien
attempting to enter the United States illegally or to evade
execution of an arrest warrant for a violation of any
immigration law.
``(4) Savings provision.--Nothing in this subsection may be
construed to affect any right or remedy available pursuant to
chapter 171 of title 28, United States Code (commonly known
as the `Federal Tort Claims Act').''.
SEC. 116. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
Not later than January 20, 2021, the Secretary of Homeland
Security, 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.
SEC. 117. PREVENTION, DETECTION, CONTROL, AND ERADICATION OF
DISEASES AND PESTS.
(a) Definitions.--
(1) Animal.--The term ``animal'' means any member of the
animal kingdom (except a human).
(2) Article.--The term ``article'' means any pest or
disease or any material or tangible object that could harbor
a pest or disease.
(3) Disease.--The term ``disease'' has the meaning given
the term by the Secretary of Agriculture.
(4) Livestock.--The term ``livestock'' means all farm-
raised animals.
(5) Means of conveyance.--The term ``means of conveyance''
means any personal property used for or intended for use for,
the movement of any other personal property.
(6) Pest.--The term ``pest'' means any of the following
that can directly or indirectly injure, cause damage to, or
cause disease in human livestock, a plant, or a plant part:
(A) A protozoan.
(B) A plant or plant part.
(C) A nonhuman animal.
(D) A bacterium.
(E) A fungus.
(F) A virus or viroid.
(G) An infectious agent or other pathogen.
(H) An arthropod.
(I) A parasite or parasitic plant.
(J) A prion.
(K) A vector.
(L) Any organism similar to or allied with any of the
organisms described in this paragraph.
(7) Plant.--The term ``plant'' means any plant (including
any plant part) for or capable of propagation, including a
tree, a tissue culture, a plantlet culture, pollen, a shrub,
a vine, a cutting, a graft, a scion, a bud, a bulb, a root,
and a seed.
(8) State.--The term ``State'' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Commonwealth of the Northern Mariana Islands,
the Virgin Islands of the United States, and any territory or
possession of the United States.
(b) Detection, Control, and Eradication of the Spread of
Diseases and Pests.--
(1) In general.--The Secretary of Agriculture may carry out
operations and measures to prevent, detect, control, or
eradicate the spread of any pest or disease of livestock or
plant that threatens any segment of agriculture.
(2) Compensation.--
(A) In general.--The Secretary of Agriculture may pay a
claim arising out of--
(i) the destruction of any animal, plant, plant part,
article, or means of conveyance consistent with the purposes
of this section; and
(ii) implementing measures to prevent, detect, control, or
eradicate the spread of any pest disease of livestock or
plant that threatens any segment of agriculture.
(B) Specific cooperative programs.--The Secretary of
Agriculture shall compensate industry participants and State
agencies that cooperate with the Secretary of Agriculture in
carrying out operations and measures under this subsection
for up to 100 percent of eligible costs relating to--
(i) cooperative programs involving Federal, State, or
industry participants to control diseases of low or high
pathogenicity and pests in accordance with regulations issued
by the Secretary of Agriculture; and
(ii) the construction and operation of research
laboratories, quarantine stations, and other buildings and
facilities for special purposes.
(C) Reviewability.--The action of any officer, employee, or
agent of the Secretary of Agriculture in carrying out
paragraph (1) shall not be subject to review by any officer
or employee of the Federal Government other than the
Secretary of Agriculture or a designee of the Secretary.
(c) Cooperation.--
(1) In general.--To carry out this section, the Secretary
of Agriculture may cooperate with other Federal agencies,
States, State agencies, political subdivisions of States,
national and local governments of foreign countries, domestic
and international organizations and associations, domestic
nonprofit corporations, Indian tribes, and other persons.
(2) Responsibility.--The person or other entity cooperating
with the Secretary of Agriculture shall be responsible for
the authority necessary to carry out operations or measures--
(A) on all land and property within a foreign country or
State, or under the jurisdiction of an Indian tribe, other
than on land and property owned or controlled by the United
States; and
(B) using other facilities and means, as determined by the
Secretary of Agriculture.
(d) Funding.--For fiscal year 2018, and for each succeeding
fiscal year, the Secretary of Agriculture shall use such
funds from the Commodity Credit Cooperation as may be
necessary to carry out operations and measures to prevent,
detect, control, or eradicate the spread of any pest or
disease of livestock or plant that threatens any segment of
agriculture.
(e) Reimbursement.--The Secretary of Agriculture shall
reimburse any Federal agency, State, State agency, political
subdivision of a State, national or local government of a
foreign country, domestic or international organization or
association, domestic nonprofit corporation, Indian tribe, or
other person for specified costs, as prescribed by the
Secretary of Agriculture, in the discretion of the Secretary,
that result from cooperation with the Secretary of
Agriculture in carrying out operations and measures under
this section.
SEC. 118. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING
RULES.
(a) Applicability of Certain Government Contracting
Rules.--
(1) In general.--Notwithstanding any other provision of
law, in implementing this title--
(A) the requirement under section 3301 of title 41, United
States Code, to obtain a full and open competition through
the use of competitive procedures shall not apply; and
(B) any executive agency entering into the contract may use
noncompetitive procedures in accordance with section 3304 of
such title.
(2) Limitations on protests.--The determination of an
executive agency under section 3304 of title 41, United
States Code, to use noncompetitive procedures shall not be
subject to challenge by protest to--
(A) the Comptroller General of the United States under
subchapter V of chapter 35 of title 31, United States Code;
or
(B) the Court of Federal Claims under section 1491 of title
28, United States Code.
(b) Applicability of Certain Government Hiring Rules.--
(1) In general.--Notwithstanding any other provision of
law, in implementing this title, the Secretary of Homeland
Security and the Attorney General may appoint employees on a
term, temporary limited, or part-time basis without regard
to--
(A) the number of such employees;
(B) the ratio between the number of such employees and the
number of permanent full-time employees; and
(C) the duration of such employees' employment.
(2) Rule of construction.--Nothing in chapter 71 of title
5, United States Code, shall affect the authority of the
Department of Homeland Security or the Department of Justice
to hire employees under this title on a temporary limited or
part-time basis.
(c) Reports.--The head of an executive agency entering into
a contract or hiring employees pursuant to authority provided
under subsection (a) or (b) shall--
(1) immediately submit to the appropriate congressional
committees written notification of the use of such authority;
and
(2) submit to those committees a quarterly report
estimating amounts to be expended pursuant to such authority.
(d) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given the term in
section 133 of title 41, United States Code.
SEC. 119. TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER
PREVENTION AND DETECTION.
(a) Unlawfully Hindering Immigration, Border, and Customs
Controls.--
(1) Enhanced penalties.--Chapter 9 of title II of the
Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is
amended by adding at the end the following:
``SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND
CUSTOMS CONTROLS.
``(a) Illicit Spotting.--Any person who knowingly
transmits, by any means, to another person the location,
movement, or activities of any Federal, State, local, or
tribal law enforcement agency with the intent to further a
Federal crime relating to United States immigration, customs,
controlled substances, agriculture, monetary instruments, or
other border controls shall be fined under title 18,
imprisoned not more than 10 years, or both.
``(b) Destruction of United States Border Controls.--Any
person who knowingly and without lawful authorization
destroys, alters, or damages 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 seeks 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--
[[Page S4841]]
``(1) shall be fined under title 18, imprisoned not more
than 10 years, or both; and
``(2) if, at the time of the offense, the person uses or
carries a firearm or who, in furtherance of any such crime,
possesses a firearm, shall be fined under title 18,
imprisoned not more than 20 years, or both.
``(c) Conspiracy and Attempt.--Any person who attempts or
conspires to violate subsection (a) or (b) shall be punished
in the same manner as a person who completes a violation of
such subsection.''.
(2) Clerical amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 294 the
following:
``Sec. 295. Unlawfully hindering immigration, border, and customs
controls.''.
(b) Carrying or Using a Firearm During and in Relation to
an Alien Smuggling Crime.--Section 924(c) of title 18, United
States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``crime of violence'' each place that term
appears; and
(B) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence'';
(2) by striking paragraphs (2) through (4);
(3) by redesignating paragraph (5) as paragraph (2); and
(4) by adding at the end the following:
``(3) For purposes of this subsection--
``(A) the term `alien smuggling crime' means any felony
punishable under section 274(a), 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and
1328);
``(B) the term `brandish' means, with respect to a firearm,
to display all or part of the firearm, or otherwise make the
presence of the firearm known to another person, in order to
intimidate that person, regardless of whether the firearm is
directly visible to that person;
``(C) the term `crime of violence' means a felony offense
that--
``(i) has as an element the use, attempted use, or
threatened use of physical force against the person or
property of another; or
``(ii) by its nature, involves a substantial risk that
physical force against the person or property of another may
be used in the course of committing the offense; and
``(D) the term `drug trafficking crime' means any felony
punishable under the Controlled Substances Act (21 U.S.C. 801
et seq.), the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), or chapter 705 of title 46.''.
(c) Statute of Limitations.--Section 3298 of title 18,
United States Code, is amended by inserting ``, or 295''
after ``274(a)''.
SEC. 120. 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 of Homeland Security
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 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 of Homeland Security along the
southern border;
(E) the current percentage of operational control (as
defined in section 2 of the Secure Fence Act of 2006 (8
U.S.C. 1701 note)) achieved by the Department of Homeland
Security 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 under this subsection, the Secretary
of Homeland Security 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
of Homeland Security 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) Border Patrol Strategic Plan.--
(1) In general.--Not later than the later of 180 days after
the submission of the threat analysis required under
subsection (a) or June 30, 2018, and every five years
thereafter, the Secretary of Homeland Security, acting
through the Chief of the U.S. Border Patrol, and in
consultation with the Officer for Civil Rights and Civil
Liberties of the Department of Homeland Security, 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 of Homeland Security 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 of Homeland Security;
(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
of Homeland Security determines to be necessary;
(I) operational coordination unity of effort initiatives of
the border security components of the Department of Homeland
Security, including any relevant task forces of the
Department of Homeland Security;
(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.
Subtitle B--Personnel
PART I--INCREASES IN IMMIGRATION AND LAW ENFORCEMENT PERSONNEL
SEC. 131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION
AGENTS AND OFFICERS.
(a) Border Patrol Agents.--Not later than September 30,
2021, the Commissioner of U.S. Customs and Border Protection
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, subject to the
availability of appropriations, shall hire, train, and assign
to duty, not later than September 30, 2021--
[[Page S4842]]
(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, 2021, the Commissioner of U.S. Customs and Border
Protection 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.
(d) U.S. Customs and Border Protection K-9 Units and
Handlers.--
(1) K-9 units.--Not later than September 30, 2021, the
Commissioner shall deploy not less 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, 2021, 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 less than 100
officers and 50 horses for security patrol along the southern
border.
(2) Funding limitation.--Of the amounts authorized to be
appropriated for U.S. Customs and Border Protection in this
Act, not more than one percent may be used for the purchase
of additional horses, the construction of new stables,
maintenance and improvements of existing stables, and for
feed, medicine, and other resources needed to maintain the
health and well-being of the horses that serve in the
horseback units.
(f) U.S. Customs and Border Protection Search Trauma and
Rescue Teams.--Not later than September 30, 2021, 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, 2021, the
Commissioner shall increase by not less 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,
2021, and in addition to the officers and agents authorized
under paragraphs (a) through (g), the Secretary of Homeland
Security shall hire, train, and assign to duty, 631 U.S.
Customs and Border Protection agricultural specialists to
ports of entry along the southern border and the northern
border.
(i) GAO Report.--If the staffing levels required under this
section are not achieved by September 30, 2021, the
Comptroller General of the United States shall conduct a
review of the reasons why such levels were not achieved.
SEC. 132. U.S. CUSTOMS AND BORDER PROTECTION HIRING AND
RETENTION INCENTIVES.
(a) Definitions.--In this section:
(1) Covered area.--The term ``covered area'' means a
geographic area that the Secretary of Homeland Security
determines is in a remote location or is an area for which it
is difficult to find full-time permanent covered CBP
employees, as compared to other ports of entry or Border
Patrol sectors.
(2) Covered cbp employee.--The term ``covered CBP
employee'' means an employee of U.S. Customs and Border
Protection performing activities that are critical to border
security or customs enforcement, as determined by the
Commissioner.
(3) Rate of basic pay.--The term ``rate of basic pay''--
(A) means the rate of pay fixed by law or administrative
action for the position to which an employee is appointed
before deductions and including any special rate under
subpart C of part 530 of title 5, Code of Federal
Regulations, or a similar payment under other legal
authority, and any locality-based comparability payment under
subpart F of part 531 of such title, or a similar payment
under other legal authority, but excluding additional pay of
any other kind; and
(B) does not include additional pay, such as night shift
differentials under section 5343(f) of title 5, United States
Code, or environmental differentials under section 5343(c)(4)
of such title.
(4) Special rate of pay.--The term ``special rate of pay''
means a higher than normal rate of pay that exceeds the
otherwise applicable rate of basic pay for a similar covered
CBP employee at a land port of entry.
(b) Hiring Incentives.--
(1) In general.--In addition to the retention incentives
that are authorized under subsection (c), and to the extent
necessary for U.S. Customs and Border Protection to hire,
train, and deploy qualified officers and employees and to
meet the requirements under section 131, the Commissioner,
with the approval of the Secretary of Homeland Security, may
pay a hiring bonus of $10,000 to a covered CBP employee,
after the covered CBP completes initial basic training and
executes a written agreement required under subparagraph (2).
(2) Written agreement.--The payment of a hiring bonus to a
covered CBP employee under paragraph (1) is contingent upon
the covered CBP employee entering into a written agreement
with U.S. Customs and Border Protection to complete more than
two years of employment with U.S. Customs and Border
Protection beginning on the date on which the agreement is
signed. Such agreement shall include--
(A) the amount of the hiring bonus;
(B) the conditions under which the agreement may be
terminated before the required period of service is completed
and the effect of such termination;
(C) the length of the required service period; and
(D) any other terms and conditions under which the hiring
bonus is payable, subject to the requirements under this
section.
(3) Form of payment.--A signing bonus paid to a covered CBP
employee under paragraph (1) shall be paid in a single
payment after the covered CBP employee completes initial
basic training and enters on duty and executes the agreement
under paragraph (2).
(4) Exclusion of signing bonus from rate of pay.--A signing
bonus paid to a covered CBP employee under paragraph (1)
shall not be considered part of the rate of basic pay of the
covered CBP employee for any purpose.
(5) Effective date and sunset.--This subsection shall take
effect on the date of the enactment of this Act and shall
remain in effect until the earlier of--
(A) September 30, 2019; or
(B) the date on which U.S. Customs and Border Protection
has 26,370 full-time equivalent agents.
(c) Retention Incentives.--
(1) In general.--To the extent necessary for U.S. Customs
and Border Protection to retain qualified employees, and to
the extent necessary to meet the requirements set forth in
section 131, the Commissioner, with the approval of the
Secretary of Homeland Security, may pay a retention incentive
to a covered CBP employee who has been employed with U.S.
Customs and Border Protection for a period of longer than two
consecutive years, and the Commissioner determines that, in
the absence of the retention incentive, the covered CBP
employee would likely--
(A) leave the Federal service; or
(B) transfer to, or be hired into, a different position
within the Department of Homeland Security (other than
another position in CBP).
(2) Written agreement.--The payment of a retention
incentive to a covered CBP employee under paragraph (1) is
contingent upon the covered CBP employee entering into a
written agreement with U.S. Customs and Border Protection to
complete more than two years of employment with U.S. Customs
and Border Protection beginning on the date on which the CBP
employee enters on duty and the agreement is signed. Such
agreement shall include--
(A) the amount of the retention incentive;
(B) the conditions under which the agreement may be
terminated before the required period of service is completed
and the effect of such termination;
(C) the length of the required service period; and
(D) any other terms and conditions under which the
retention incentive is payable, subject to the requirements
under this section.
(3) Criteria.--When determining the amount of a retention
incentive paid to a covered CBP employee under paragraph (1),
the Commissioner shall consider--
(A) the length of the Federal service and experience of the
covered CBP employee;
(B) the salaries for law enforcement officers in other
Federal agencies; and
(C) the costs of replacing the covered CBP employee,
including the costs of training a new employee.
(4) Amount of retention incentive.--A retention incentive
paid to a covered CBP employee under paragraph (1)--
(A) shall be approved by the Secretary of Homeland Security
and the Commissioner;
(B) shall be stated as a percentage of the employee's rate
of basic pay for the service period associated with the
incentive; and
(C) may not exceed $25,000 for each year of the written
agreement.
(5) Form of payment.--A retention incentive paid to a
covered CBP employee under paragraph (1) shall be paid as a
single payment at the end of the fiscal year in which the
covered CBP employee entered into an agreement under
paragraph (2), or in equal installments during the life of
the service agreement, as determined by the Commissioner.
(6) Exclusion of retention incentive from rate of pay.--A
retention incentive paid to a covered CBP employee under
paragraph (1) shall not be considered part of the rate of
basic pay of the covered CBP employee for any purpose.
(d) Pilot Program on Special Rates of Pay in Covered
Areas.--
(1) In general.--The Commissioner may establish a pilot
program to assess the feasibility and advisability of using
special rates of pay for covered CBP employees in covered
areas, as designated on the date of the enactment of this
Act, to help meet the requirements set forth in section 131.
(2) Maximum amount.--The rate of basic pay of a covered CBP
employee paid a special rate of pay under the pilot program
may not exceed 125 percent of the otherwise applicable rate
of basic pay of the covered CBP employee.
(3) Termination.--
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(A) In general.--Except as provided in subparagraph (B),
the pilot program shall terminate on the date that is two
years after the date of the enactment of this Act.
(B) Extension.--If the Secretary of Homeland Security
determines that the pilot program is performing
satisfactorily and there are metrics that prove its success
in meeting the requirements set forth in section 131, the
Secretary may extend the pilot program until the date that is
four years after the date of the enactment of this Act.
(4) Report to congress.--Shortly after the pilot program
terminates under paragraph (3), the Commissioner shall submit
a report 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 the Committee on the
Judiciary of the House of Representatives that details--
(A) the total amount paid to covered CBP employees under
the pilot program; and
(B) the covered areas in which the pilot program was
implemented.
(e) Salaries.--
(1) In general.--Section 101(b) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1711(b))
is amended to read as follows:
``(b) Authorization of Appropriations for CBP Employees.--
There are authorized to be appropriated to U.S. Customs and
Border Protection such sums as may be necessary to increase,
effective January 1, 2018, the annual rate of basic pay for
U.S. Customs and Border Protection employees who have
completed at least one year of service--
``(1) to the annual rate of basic pay payable for positions
at GS-12, step 1 of the General Schedule under subchapter III
of chapter 53 of title 5, United States Code, for officers
and agents who are receiving the annual rate of basic pay
payable for a position at GS-5, GS-6, GS-7, GS-8, or GS-9 of
the General Schedule;
``(2) to the annual rate of basic pay payable for positions
at GS-12, step 10 of the General Schedule under such
subchapter for supervisory CBP officers and supervisory
Border Patrol agents who are receiving the annual rate of pay
payable for a position at GS-10 of the General Schedule; and
``(3) to the annual rate of basic pay payable for positions
at GS-13, step 1 of the General Schedule under such
subchapter for supervisory CBP officers and supervisory
Border Patrol agents who are receiving the annual rate of pay
payable for a position at GS-11 of the General Schedule;
``(4) to the annual rate of basic pay payable for positions
at GS-14, step 1 of the General Schedule under such
subchapter for supervisory CBP officers and supervisory
Border Patrol agents who are receiving the annual rate of pay
payable for a position at GS-12 or GS-13 of the General
Schedule; and
``(5) to the annual rate of basic pay payable for positions
at GS-8, GS-9, or GS-10 of the General Schedule for
assistants who are receiving an annual rate of pay payable
for positions at GS-5, GS-6, or GS-7 of the General Schedule,
respectively.''.
(2) Hardship duty pay.--In addition to compensation to
which Border Patrol agents are otherwise entitled, Border
Patrol agents who are assigned to rural areas shall be
entitled to receive hardship duty pay, in lieu of a retention
incentive bonus under subsection (b), in an amount determined
by the Commissioner, which may not exceed the rate of special
pay to which members of a uniformed service are entitled
under section 310 of title 37, United States Code.
(3) Overtime limitation.--Section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) is amended by
striking ``$25,000'' and inserting ``$45,000''.
SEC. 133. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.
(a) Short Title.--This Act may be cited as the ``Anti-
Border Corruption Reauthorization Act of 2017''.
(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:
``(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 Anti-Border Corruption Reauthorization Act of 2017.''.
(c) Supplemental Commissioner Authority and Definitions.--
(1) 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.''.
(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 the Anti-Border Corruption Re-
authorization Act of 2017, 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
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).''.
(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' has the meaning given the term `law
enforcement officer' in sections 8331(20) and 8401(17) of
title 5, United States Code.
[[Page S4844]]
``(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,
2021, the Secretary of Homeland Security shall increase to
not fewer than 150 the number of trained full-time equivalent
polygraph examiners for administering polygraph examinations
under the Anti-Border Corruption Act of 2010, as amended by
this section.
SEC. 134. ADDITIONAL U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
PERSONNEL.
(a) Enforcement and Removal Officers.--Not later than
September 30, 2021, the Director of U.S. Immigration and
Customs Enforcement shall increase the number of trained,
full-time, active duty U.S. Immigration and Customs
Enforcement Enforcement and Removal Operations law
enforcement officers performing interior immigration
enforcement functions to not fewer than 8,500.
(b) Homeland Security Investigations Special Agents.--Not
later than September 30, 2021, the Director of U.S.
Immigration and Customs Enforcement shall increase the number
of trained, full-time, active duty Homeland Security
Investigations special agents by not fewer than 1,500.
(c) Border Enforcement Security Task Force.--Not later than
September 30, 2021, the Director of U.S. Immigration and
Customs Enforcement shall assign not fewer than 100 Homeland
Security Investigations special agents to the Border
Enforcement Security Task Force Program established under
section 432 of the Homeland Security Act of 2002 (6 U.S.C.
240).
SEC. 135. OTHER IMMIGRATION AND LAW ENFORCEMENT PERSONNEL.
(a) Department of Justice.--
(1) United states attorneys.--Not later than September 30,
2021, in addition to positions authorized before the date of
the enactment of this Act and any existing attorney vacancies
within the Department of Justice on such date of enactment,
the Attorney General shall--
(A) increase by not fewer than 100 the number of Assistant
United States Attorneys, and
(B) increase by not fewer than 50 the number of Special
Assistant United States Attorneys in the United States
Attorneys' office to litigate denaturalization and other
immigration cases in the Federal courts.
(2) Immigration judges.--
(A) Additional immigration judges.--Not later than
September 30, 2021, in addition to positions authorized
before the date of the enactment of this Act and any existing
vacancies within the Department of Justice on such date of
enactment, and subject to the availability of appropriations,
the Attorney General shall increase by 200 the number of
trained full-time immigration judges.
(B) Facilities and support personnel.--The Attorney General
is authorized to procure space, temporary facilities, and
support staff, on an expedited basis, to accommodate the
additional immigration judges authorized under this
subparagraph.
(3) Board of immigration appeals.--
(A) Board members.--Not later than September 30, 2021, the
Attorney General shall increase the number of Board Members
authorized to serve on the Board of Immigration Appeals to
25.
(B) Staff attorneys.--Not later than September 30, 2021, in
addition to positions authorized before the date of the
enactment of this Act and any existing staff attorney
vacancies within the Department of Justice on the date of
enactment, and subject to the availability of appropriations,
the Attorney General shall increase the number of staff
attorneys assigned to support the Board of Immigration
Appeals by not fewer than 50.
(C) Facilities and support personnel.--The Attorney General
is authorized to procure space, temporary facilities, and
required administrative support staff, on an expedited basis,
to accommodate the additional Board Members authorized under
this subparagraph.
(4) Office of immigration litigation.--Not later than
September 30, 2021, in addition to positions authorized
before the date of the enactment of this Act and any existing
vacancies within the Department of Justice, and subject to
the availability of appropriations, the Attorney General
shall increase by not fewer than 100 the number of attorneys
for the Office of Immigration Litigation.
(b) Department of Homeland Security.--
(1) Fraud detection and national security officers.--Not
later than September 30, 2021, in addition to positions
authorized before the date of the enactment of this Act and
any existing officer vacancies within the Department of
Homeland Security, and subject to the availability of
appropriations, the Director of U.S. Citizenship and
Immigration Services shall increase by not fewer than 100 the
number of trained full-time active duty Fraud Detection and
National Security (FDNS) officers.
(2) ICE homeland security investigations forensic document
laboratory personnel.--Not later than September 30, 2021, in
addition to positions authorized before the date of the
enactment of this Act and any existing officer vacancies
within the Department of Homeland Security, the Director of
U.S. Immigration and Customs Enforcement shall increase the
number of trained full-time Forensic Document Laboratory
Examiners by 15, Fingerprint Specialists by 15, Intelligence
Officers by 10, and Administrative Staff by 3.
(3) Immigration attorneys.--
(A) ICE trial attorneys.--Not later than September 30,
2021, in addition to positions authorized before the date of
the enactment of this Act and any existing attorney vacancies
within the Department of Homeland Security on such date of
enactment, the Director of U.S. Immigration and Customs
Enforcement shall increase the number of trained, full-time,
active duty Office of Principal Legal Advisor attorneys by
not fewer than 1,200. Such attorneys shall primarily perform
duties related to litigation of removal proceedings and
representing the Department of Homeland Security in
immigration matters before the immigration courts within the
Department of Justice, the Executive Office for Immigration
Review, and enforcement of U.S. customs and trade laws. At
least 50 of these additional attorney positions shall be by
the Attorney General to increase the number of U.S.
Immigration and Customs Enforcement attorneys serving as
Special Assistant U.S. Attorneys, on detail to the Department
of Justice, Offices of the U.S. Attorneys, to assist with
immigration-related litigation.
(B) USCIS immigration attorneys.--Not later than September
30, 2021, in addition to positions authorized before the date
of the enactment of this Act and any existing attorney
vacancies within the Department of Homeland Security on such
date of enactment, the Director of U.S. Citizenship and
Immigration Services shall increase the number of trained,
full-time, active duty Office of Chief Counsel attorneys by
not fewer than 250. Such attorneys shall primarily handle
national security and public safety cases, denaturalization
cases, and legal sufficiency reviews of immigration benefit
decisions. At least 50 of these additional attorney positions
shall be used by the Attorney General to increase the number
of U.S. Citizenship and Immigration Service attorneys serving
as Special Assistant U.S. Attorneys, on detail to the
Department of Justice, Offices of the U.S. Attorneys, to
assist with immigration-related litigation.
(C) Facilities and support personnel.--The Attorney General
and Secretary of Homeland Security are authorized to procure
space, temporary facilities, and to hire the required
administrative and legal support staff, on an expedited
basis, to accommodate the additional positions authorized
under this paragraph.
PART II--JUDICIAL RESOURCES
SEC. 141. JUDICIAL RESOURCES FOR BORDER SECURITY.
(a) Border Crossing Prosecutions (Criminal Consequence
Initiative).--
(1) In general.--Amounts appropriated pursuant to paragraph
(3) shall be used--
(A) to increase the number of criminal prosecutions for
unlawful border crossing in each and every sector of the
southern border by not less than 80 percent per day, as
compared to the average number of such prosecutions per day
during the 12-month period preceding the date of the
enactment of this Act, by increasing funding for--
(i) attorneys and administrative support staff in offices
of United States attorneys;
(ii) support staff and interpreters in court clerks'
offices;
(iii) pre-trial services;
(iv) activities of the Office of the Federal Public
Defender, including payments to retain appointed counsel
under section 3006A of title 18, United States Code; and
(v) additional personnel, including deputy United States
marshals in the United States Marshals Service, to perform
intake, coordination, transportation, and court security; and
(B) to reimburse Federal, State, local, and tribal law
enforcement agencies for any detention costs related to the
increased border crossing prosecutions carried out pursuant
to subparagraph (A).
(2) Additional magistrate judges to assist with increased
caseload.--The chief judge of each judicial district located
within a sector of the southern border is authorized to
appoint additional full-time magistrate judges, who,
consistent with the Constitution and laws of the United
States, shall have the authority to hear cases and
controversies in the judicial district in which the
magistrate judges are appointed.
(3) Authorization of appropriations.--There are authorized
to be appropriated for each of the fiscal years 2018 through
2021 such sums as may be necessary to carry out this
subsection.
(b) Additional Permanent District Court Judgeships in
Southern Border States.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 4 additional district judges for the District of
Arizona;
(B) 2 additional district judges for the Southern District
of California;
(C) 4 additional district judges for the Western District
of Texas; and
[[Page S4845]]
(D) 2 additional district judges for the Southern District
of Texas.
(2) Conversions of temporary district court judgeships.--
The judgeships for the District of Arizona and the Central
District of California authorized under section 312(c) of the
21st Century Department of Justice Appropriations
Authorization Act (28 U.S.C. 133 note), in existence on the
day before the date of the enactment of this Act, shall be
authorized under section 133 of title 28, United States Code,
and the individuals holding such judgeships on such day shall
hold office under section 133 of title 28, United States
Code, as amended by paragraph (3).
(3) Technical and conforming amendments.--The table
contained in section 133(a) of title 28, United States Code,
is amended--
(A) by striking the item relating to the district of
Arizona and inserting the following:
``Arizona................................................... 17'';
(B) by striking the items relating to California and
inserting the following :
``California:
Northern.................................................... 19
Eastern..................................................... 12
Central..................................................... 28
Southern.................................................... 15'';
and
(C) by striking the items relating to Texas and inserting
the following :
``Texas:
Northern.................................................... 12
Southern.................................................... 21
Eastern..................................................... 7
Western..................................................... 17''.
(c) Increase in Filing Fees.--
(1) In general.--Section 1914(a) of title 28, United States
Code, is amended--
(A) by striking ``$350'' and inserting ``$375''; and
(B) by striking ``$5'' and inserting ``$7''.
(2) Expenditure limitation.--Incremental amounts collected
pursuant to the amendments made by paragraph (1) shall be
deposited as offsetting receipts in the special fund of the
Treasury established under section 1931 of title 28, United
States Code. Such amounts shall be available solely for the
purpose of facilitating the processing of civil cases, but
only to the extent specifically appropriated by an Act of
Congress enacted after the date of the enactment of this Act.
(d) Whistleblower Protection.--
(1) In general.--No officer, employee, agent, contractor,
or subcontractor of the judicial branch may discharge,
demote, threaten, suspend, harass, or in any other manner
discriminate against an employee in the terms and conditions
of employment because of any lawful act done by the employee
to provide information, cause information to be provided, or
otherwise assist in an investigation regarding any possible
violation of Federal law or regulation, or misconduct, by a
judge, justice, or any other employee in the judicial branch,
which may assist in the investigation of the possible
violation or misconduct.
(2) Civil action.--An employee injured by a violation of
paragraph (1) may seek appropriate relief in a civil action.
SEC. 142. REIMBURSEMENT TO STATE AND LOCAL PROSECUTORS FOR
FEDERALLY INITIATED, IMMIGRATION-RELATED
CRIMINAL CASES.
(a) In General.--The Attorney General shall reimburse
State, county, tribal, and municipal governments for costs
associated with the prosecution of federally initiated
criminal cases declined to be prosecuted by local offices of
the United States attorneys, including costs relating to pre-
trial services, detention, clerical support, and public
defenders' services associated to such prosecution.
(b) Exception.--Reimbursement under subsection (a) shall
not be available, at the discretion of the Attorney General,
if the Attorney General determines that there is reason to
believe that the jurisdiction seeking reimbursement has
engaged in unlawful conduct in connection with immigration-
related apprehensions.
Subtitle C--Grants
SEC. 151. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
Section 241(i) of the Immigration and Nationality Act (8
U.S.C. 1231(i)) is amended--
(1) in paragraph (1)--
(A) by inserting ``Authorization.--'' before ``If the
chief''; and
(B) by inserting ``or an alien with an unknown status''
after ``undocumented criminal alien'' each place that term
appears;
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Compensation.--
``(A) Calculation of compensation.--Compensation under
paragraph (1)(A) shall be the average cost of incarceration
of a prisoner in the relevant State, as determined by the
Attorney General.
``(B) Compensation of state for incarceration.--The
Attorney General shall compensate the State or political
subdivision of the State, in accordance with subparagraph
(A), for the incarceration of an alien--
``(i) whose immigration status cannot be verified by the
Secretary of Homeland Security; and
``(ii) who would otherwise be an undocumented criminal
alien if the alien is unlawfully present in the United
States.
``(3) Definitions.--In this subsection:
``(A) Alien with an unknown status.--The term `alien with
an unknown status' means an individual--
``(i) who has been incarcerated by a Federal, State, or
local law enforcement entity; and
``(ii) whose immigration status cannot be definitively
identified.
``(B) Undocumented criminal alien.--The term `undocumented
criminal alien' means an alien who--
``(i) has been charged with or convicted of a felony or any
misdemeanors; and
``(ii)(I) entered the United States without inspection or
at any time or place other than as designated by the
Secretary of Homeland Security;
``(II) was the subject of exclusion or deportation or
removal proceedings at the time he or she was taken into
custody by the State or a political subdivision of the State;
or
``(III) was admitted as a nonimmigrant and, at the time he
or she was taken into custody by the State or a political
subdivision of the State, has failed to maintain the
nonimmigrant status in which the alien was admitted or to
which it was changed under section 248, or to comply with the
conditions of any such status.'';
(3) in paragraph (4), by inserting ``and aliens with an
unknown status'' after ``undocumented criminal aliens'' each
place that term appears;
(4) in paragraph (5)(C), by striking ``to carry out this
subsection'' and all that follows and inserting
``$950,000,000 for each of the fiscal years 2018 through 2021
to carry out this subsection.''; and
(5) by adding at the end the following:
``(7) Distribution of reimbursement.--Any funds provided to
a State or a political subdivision of a State as compensation
under paragraph (1)(A) for a fiscal year shall be distributed
to such State or political subdivision not later than 120
days after the last day of the period specified by the
Attorney General for the submission of requests under that
paragraph for that fiscal year.''.
SEC. 152. 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, which shall 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 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 2017
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 the fiscal years 2018 through
2022, 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 the fiscal years
2018 through 2022 for grants under this section.''.
(b) Conforming Amendment.--Section 2002(a) 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 new item:
``Sec. 2009. Operation Stonegarden.''.
SEC. 153. GRANTS FOR IDENTIFICATION OF VICTIMS OF CROSS-
BORDER HUMAN SMUGGLING.
In addition to any funding for grants made available to the
Attorney General for State and local law enforcement
assistance, the Attorney General shall award grants to
county, municipal, or tribal governments in States along the
southern border for costs, or reimbursement of costs,
associated with the transportation and processing of
unidentified alien remains that have been transferred to an
official medical examiner's office or an institution of
higher education in
[[Page S4846]]
the area with the capacity to analyze human remains using
forensic best practices, including DNA testing, where such
expenses may contribute to the collection and analysis of
information pertaining to missing and unidentified persons.
SEC. 154. GRANT ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Awarding entity.--The term ``awarding entity'' means
the Secretary, the Administrator of the Federal Emergency
Management Agency, the Director of the National Science
Foundation, or the Chief of the Office of Citizenship and New
Americans.
(2) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(3) Unresolved audit finding.--The term ``unresolved audit
finding'' means a finding in a final audit report conducted
by the Inspector General of the Department of Homeland
Security, or the Inspector General for the National Science
Foundation for grants awarded by the Director of the National
Science Foundation, that the audited grantee has utilized
grant funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within one
year after the date when the final audit report is issued.
(b) Accountability.--All grants awarded by an awarding
entity pursuant to this subtitle shall be subject to the
following accountability provisions:
(1) Audit requirement.--
(A) Audits.--Beginning in the first fiscal year beginning
after the date of the enactment of this Act, and in each
fiscal year thereafter, the Inspector General of the
Department of Homeland Security, or the Inspector General for
the National Science Foundation for grants awarded by the
Director of the National Science Foundation, shall conduct
audits of recipients of grants under this subtitle or any
amendments made by this subtitle to prevent waste, fraud, and
abuse of funds by grantees. Such Inspectors General shall
determine the appropriate number of grantees to be audited
each year.
(B) Mandatory exclusion.--A recipient of grant funds under
this subtitle that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under
this subtitle or any amendment made by this subtitle during
the first two fiscal years beginning after the end of the
one-year period described in subsection (A).
(C) Priority.--In awarding a grant under this subtitle or
any amendment made by this subtitle, the awarding entity
shall give priority to eligible applicants that did not have
an unresolved audit finding during the three fiscal years
immediately preceding the date on which the entity submitted
the application for such grant.
(D) Reimbursement.--If an entity is awarded grant funds
under this subtitle or any amendment made by this subtitle
during the two-year period when the entity is barred from
receiving grants under subparagraph (B), the awarding entity
shall--
(i) deposit an amount equal to the amount of the grant
funds that were improperly awarded to such entity into the
general fund of the Treasury; and
(ii) seek to recover the costs of the repayment under
clause (i) from such entity.
(2) Nonprofit organization requirements.--
(A) Prohibition.--An awarding entity may not award a grant
under this subtitle or any amendment made by this subtitle to
a nonprofit organization that holds money in offshore
accounts for the purpose of avoiding the tax imposed under
section 511(a) of the Internal Revenue Code of 1986.
(B) Disclosure.--Each nonprofit organization that is
awarded a grant under this subtitle or any amendment made by
this subtitle and uses the procedures prescribed by Internal
Revenue regulations to create a rebuttable presumption of
reasonableness for the compensation of its officers,
directors, trustees, and key employees, shall disclose to the
awarding entity, in the application for the grant, the
process for determining such compensation, including the
independent persons involved in reviewing and approving such
compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the awarding entity shall make the
information disclosed under this subparagraph available for
public inspection.
(3) Conference expenditures.--
(A) Limitation.--Amounts authorized to be appropriated to
the Department of Homeland Security or the National Science
Foundation for grant programs under this subtitle or any
amendment made by this subtitle may not be used by an
awarding entity to host or support any expenditure for
conferences that uses more than $20,000 in funds made
available by the Department of Homeland Security or the
National Science Foundation unless the Deputy Secretary for
Homeland Security, or the Deputy Director of the National
Science Foundation, or their designee, provides prior written
authorization that the funds may be expended to host the
conference.
(B) Written approval.--Written approval under subparagraph
(A) shall include a written estimate of all costs associated
with the conference, including the cost of all food,
beverages, audio-visual equipment, honoraria for speakers,
and entertainment.
(C) Report.--The Deputy Secretary of Homeland Security and
the Deputy Director of the National Science Foundation shall
submit an annual report to Congress that identifies all
conference expenditures approved under this paragraph.
(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of the enactment of this Act,
each awarding entity shall submit a report to Congress that--
(A) indicates whether--
(i) all audits issued by the Offices of the Inspector
General under paragraph (1) have been completed and reviewed
by the appropriate individuals;
(ii) all mandatory exclusions required under paragraph
(1)(B) have been issued; and
(iii) all reimbursements required under paragraph (1)(D)
have been made; and
(B) includes a list of any grant recipients excluded under
paragraph (1) during the previous year.
Subtitle D--Authorization of Appropriations
SEC. 161. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts otherwise
authorized to be appropriated, there are authorized to be
appropriated for each of the fiscal years 2018 through 2021,
$2,500,000,000 to implement this title and the amendments
made by this title, of which--
(1) $10,000,000 shall be used by the Department of Homeland
Security to implement Vehicle and Dismount Exploitation
Radars (VADER) in border security operations;
(2) $3,000,000 shall be used by the Department of Homeland
Security to implement three dimensional, seismic acoustic
detection and ranging border tunneling detection technology
on the southern border;
(3) $200,000,000 shall be used by the Department of State
to implement section 113; and
(4) $30,000,000 shall be used for judicial reform,
institution building, anti-corruption, and rule of law
activities under the Merida Initiative.
(b) High Intensity Drug Trafficking Area Program.--Section
707(p)(5) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1706(p)(5)) is amended
by striking ``to the Office of National Drug Control Policy''
and all that follows and inserting ``$280,000,000 to the
Office of National Drug Control Policy for each of the fiscal
years 2018 through 2021 to carry out this section.''.
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
SEC. 201. PORTS OF ENTRY INFRASTRUCTURE.
(a) Additional Ports of Entry.--
(1) Authority.--The Secretary of Homeland Security may
construct new ports of entry along the northern border and
the southern border and determine the location of any such
new ports of entry.
(2) Consultation.--
(A) Requirement to consult.--The Secretary of Homeland
Security shall consult with the Secretary of State, the
Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Transportation, the Administrator of General
Services, and appropriate representatives of State and local
governments, and Indian tribes, and property owners in the
United States prior to selecting a location for any new port
constructed pursuant to paragraph (1).
(B) Considerations.--The purpose of the consultations
required by subparagraph (A) shall be to minimize any
negative impacts of such a new port 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 Border
Ports of Entry.--Not later than September 30, 2021, the
Secretary of Homeland Security shall modernize the top 10
high-priority ports of entry.
(c) Port of Entry Prioritization.--Prior to constructing
any new ports of entry pursuant to subsection (a), the
Secretary shall complete the expansion and modernization of
ports of entry pursuant to subsection (b) to the extent
practicable.
(d) Notification.--
(1) 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 of
Homeland Security shall submit a report containing the
location of the new port of entry, a description of the need
for and anticipated benefits of the new port of entry, a
description of the consultations undertaken by the Secretary,
any actions that will be taken to minimize negative impacts
of the new port, and the anticipated timeline for
construction and completion of the new port of entry to--
(A) the members of Congress that represent the State or
congressional district in which the new port of entry will be
located;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Finance of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Homeland Security of the House of
Representatives;
(F) the Committee on Ways and Means of the House of
Representatives; and
(G) the Committee on the Judiciary of the House of
Representatives.
(2) Top ten high-volume ports.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall notify the congressional committees
listed under paragraph (1) of--
[[Page S4847]]
(A) the top 10 high-volume ports of entry on the southern
border referred to in subsection (b); and
(B) the Secretary's plan for expanding the primary and
secondary inspection lanes at each such port of entry.
SEC. 202. 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 two-way communication device,
supported by system interoperability and LTE network
capability, 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) Land Border Agents and Officers.--The Secretary shall
ensure that each U.S. Customs and Border Protection agent or
officer assigned or required to patrol on foot, by horseback,
or with a canine unit, in remote mission critical locations,
including but not limited to the Rio Grand Valley and Big
Bend, and at border checkpoints, has a multi-band, encrypted
portable radio with military-grade high frequency capability
to allow for beyond line-of-sight communications.
SEC. 203. BORDER SECURITY DEPLOYMENT PROGRAM.
(a) Expansion.--Not later than September 30, 2021, 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, there are
authorized to be appropriated $33,000,000 for fiscal year
2018 to carry out subsection (a).
SEC. 204. PILOT AND UPGRADE OF LICENSE PLATE READERS AT PORTS
OF ENTRY.
(a) Upgrade.--Not later than one year after the date of the
enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall upgrade all existing license plate
readers on the northern border and the 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 of U.S.
Customs and Border Protection shall conduct a one-month pilot
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
enactment of this Act, the Secretary shall--
(1) report to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on the
Judiciary of the Senate, the Committee on Finance of the
Senate, the Committee on Homeland Security of the House of
Representatives, the Committee on the Judiciary of the House
of Representatives, and the Committee on Ways and Means of
the House of Representatives on the results of the pilot
program under subsection (b); and
(2) make recommendations to such committees for
implementing such technology on the southern border.
(d) Authorization of Appropriations.--In addition to
amounts otherwise authorized to be appropriated, there are
authorized to be appropriated $125,000,000 for fiscal year
2018 to carry out this section.
SEC. 205. BIOMETRIC TECHNOLOGY.
(a) Biometric Storage.--The Secretary shall create a system
or upgrade an existing system (if a Department of Homeland
Security system already has capability and capacity for
storage) to allow for storage of iris scans and voice prints
of aliens that can be used by the Department of Homeland
Security, other Federal agencies, and State and local law
enforcement for identification, remote authentication, and
verification of aliens. The Secretary shall ensure, to the
extent possible, that the system for storage of iris scans
and voice prints is compatible with existing State and local
law enforcement systems that are used for collection and
storage of iris scans or voice prints for criminal aliens.
(b) Pilot Program.--Not later than 120 days after the date
of enactment of this Act, U.S. Immigration and Customs
Enforcement and U.S. Citizenship and Immigration Services
shall conduct a six-month pilot on the collection and use of
iris scans and voice prints for identification, remote
authentication, and verification of aliens who are in removal
proceedings, detained, or are seeking an immigration benefit.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall report the results
of the pilot and make recommendations for implementing use of
such technology 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
Committee on the Judiciary of the House of Representatives.
(d) Authorization of Appropriations.--In addition to
amounts otherwise authorized to be appropriated, there are
authorized to be appropriated $10,000,000 for fiscal year
2018 to carry out this section.
SEC. 206. 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
adding at the end the following new section:
``SEC. 418. BIOMETRIC ENTRY-EXIT.''.
``(a) Establishment.--The Secretary shall--
``(1) not later than 180 days after the date of the
enactment of the Building America's Trust Act, 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 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 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 Act 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; and
``(I) a consideration of how other countries have
implemented a biometric exit data system; and
``(2) not later than two years after the date of the
enactment of the Building America's Trust Act, establish a
biometric exit data system at--
``(A) the 15 United States airports that support the
highest volume of international air travel, as determined by
available Federal flight data;
``(B) the 15 United States seaports that support the
highest volume of international sea travel, as determined by
available Federal travel data; and
``(C) the 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 for non-
pedestrian outbound traffic.--Not later than 18 months after
the date of the enactment of the Building America's Trust
Act, 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 nonpedestrian 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) Its effectiveness in combating terrorism.
``(F) Its effectiveness in identifying visa holders who
violate the terms of their visas.
``(2) At land ports of entry for non-pedestrian outbound
traffic.--
``(A) In general.--Not later than five years after the date
of the enactment of the Building America's Trust Act, the
Secretary shall expand the biometric exit data system
referred to in subsection (a)(2) to all land ports of entry,
and such system shall apply only in the case of nonpedestrian
outbound traffic.
``(B) Extension.--The Secretary may extend for a single
two-year period the date
[[Page S4848]]
specified in subparagraph (A) if the Secretary certifies 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 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.
``(3) At air and sea ports of entry.--Not later than five
years after the date of the enactment of the Building
America's Trust Act, the Secretary shall expand the biometric
exit data system referred to in subsection (a)(2) to all air
and sea ports of entry.
``(4) At land ports of entry for pedestrians.--Not later
than five years after the date of the enactment of the
Building America's Trust Act, the Secretary shall expand the
biometric exit data system referred to in subsection (a)(2)
to all land ports of entry, and such system shall apply only
in the case of pedestrians.
``(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 the Building America's Trust Act, 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 alien who is
departing the United States against the biometric information
obtained for the alien upon entry to the United States;
``(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 store biometrics of known or
suspected terrorists and visa holders who have violated 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 for all categories
of individuals who are required to provide biometric entry
data.
``(2) Exception for certain other individuals.--This
section shall not apply to individuals who exit and then
reenter the United States on a passenger vessel (as such term
is defined in section 2101 of title 46, United States Code)
if the itinerary of such vessel originates and terminates in
the United States.
``(3) Exception for land ports of entry.--This section
shall not apply to a United States citizen or a 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 pursuant to
the biometric exit data system established under this
section, except through a contractual 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 non-federally owned facilities where
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. Such space shall be
provided and maintained at no cost to the Government.
``(j) Northern Land Border.--In the case of the northern
land border, the requirements under subsection (a)(2)(C),
(b)(2)(A), and (b)(4) may be achieved through the sharing of
biometric data provided to U.S. Customs and Border Protection
by the Canadian Border Services Agency pursuant to the 2011
Beyond the Border agreement.
``(k) 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 the Committee on the
Judiciary of the House of Representatives reports and
recommendations of 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.''.
SEC. 207. 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 the
crossing and trade 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 at land ports
of entry to facilitate increased trade and commerce.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
In addition to any amounts otherwise authorized to be
appropriated, there is authorized to be appropriated
$1,000,000,000 for each of the fiscal years 2018 through 2021
to carry out this title.
TITLE III--DOMESTIC SECURITY AND INTERIOR ENFORCEMENT
Subtitle A--General Matters
SEC. 301. ENDING CATCH AND RELEASE FOR REPEAT IMMIGRATION
VIOLATORS AND CRIMINALS ALIENS.
Section 236 of the Immigration and Nationality Act (8
U.S.C. 1226) is amended by striking the section heading and
subsections (a) through (c) and inserting the following:
``SEC. 236. APPREHENSION AND DETENTION OF ALIENS.
``(a) Arrest, Detention, and Release.--
``(1) In general.--The Secretary, on a warrant issued by
the Secretary, may arrest an alien and detain the alien
pending a decision on whether the alien is to be removed from
the United States up until the alien has an administratively
final order of removal. Except as provided in subsection (c)
and pending such decision, the Secretary--
``(A) may--
``(i) continue to detain the arrested alien;
``(ii) release the alien on bond of at least $5,000, with
security approved by, and containing conditions prescribed
by, the Secretary; or
``(iii) release the alien on his or her own recognizance,
subject to appropriate conditions set forth by the Secretary
of Homeland Security, if the Secretary of Homeland Security
determines that the alien will not pose a danger to the
safety of other persons or of property and is likely to
appear for any scheduled proceeding; and
``(B) may not provide the alien with work authorization
(including an `employment authorized' endorsement or other
appropriate work permit) or advance parole to travel outside
of the United States, unless the alien is lawfully admitted
for permanent residence or otherwise would (without regard to
removal proceedings) be provided such authorization.
``(b) Revocation of Bond or Parole.--The Secretary at any
time may revoke bond or parole authorized under subsection
(a), rearrest the alien under the original warrant, and
detain the alien.
``(c) Mandatory Detention of Criminal Aliens.--
``(1) Criminal aliens.--The Secretary shall take into
custody and continue to detain any alien who--
``(A)(i) has not been admitted or paroled into the United
States; and
``(ii) was apprehended anywhere within 100 miles of the
international border of the United States;
``(B) is admissible by reason of having committed any
offense covered in section 212(a)(2);
``(C) is deportable by reason of having committed any
offense covered in section 237(a)(2);
``(D) is convicted for an offense under section 275(a);
``(E) is convicted for an offense under section 276;
``(F) is convicted for any criminal offense; or
``(G) is inadmissible under section 212(a)(3)(B) or
deportable under section 237(a)(4)(B),
when the alien is released, without regard to whether the
alien is released on parole, supervised release, and without
regard to whether the alien may be arrested or imprisoned
again for the same offense.
``(2) Release.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary may release an alien described in paragraph (1)
only if the Secretary decides pursuant to section 3251 of
title 18, United States Code, and in accordance with a
procedure that considers the severity of the offense
committed by the alien, that--
``(i) release of the alien from custody is necessary to
provide protection to a witness, a potential witness, a
person cooperating with an investigation into major criminal
activity, or an immediate family member or close associate of
a witness, potential witness, or person cooperating with such
an investigation, and
``(ii) the alien satisfies the Secretary that the alien is
not a flight risk, poses no danger to the safety of other
persons or of property, is not a threat to national security
or public
[[Page S4849]]
safety, and is likely to appear at any scheduled proceeding.
``(B) Arrested, but not convicted, aliens.--
``(i) Release for proceedings.--The Secretary of Homeland
Security may release any alien held pursuant to paragraph (1)
to the appropriate authority for any proceedings subsequent
to the arrest.
``(ii) Resumption of custody.--If an alien is released
under clause (i), the Secretary shall--
``(I) resume custody of the alien during any period pending
the final disposition of any such proceedings that the alien
is not in the custody of such appropriate authority; and
``(II) if the alien is not convicted of the offense for
which the alien was arrested, the Secretary shall continue to
detain the alien until removal proceedings are completed.''.
SEC. 302. DETERRING VISA OVERSTAYS.
(a) Admission of Nonimmigrants.--Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended by
striking the section heading and all that follows through
subsection (a)(1) and inserting the following:
``SEC. 214. ADMISSION OF NONIMMIGRANTS.
``(a) In General.--
``(1) Terms and conditions of admission.--
``(A) Regulations.--Subject to subparagraphs (B) and (C),
the admission to the United States of any alien as a
nonimmigrant may be for such time and under such conditions
as the Secretary of Homeland Security may by regulations
prescribe, including when the Secretary deems necessary the
giving of a bond with sufficient surety in such sum and
containing such conditions as the Secretary shall prescribe,
to insure that at the expiration of such time or upon failure
to maintain the status under which the alien was admitted, or
to maintain any status subsequently acquired under section
248, such alien will depart from the United States.
``(B) Guam or cnmi visa waiver nonimmigrants.--No alien
admitted to Guam or the Commonwealth of the Northern Mariana
Islands without a visa pursuant to section 212(l) may be
authorized to enter or stay in the United States other than
in Guam or the Commonwealth of the Northern Mariana Islands
or to remain in Guam or the Commonwealth of the Northern
Mariana Islands for a period exceeding 45 days from the date
of admission to Guam or the Commonwealth of the Northern
Mariana Islands.
``(C) Visa waiver program nonimmigrants.--No alien admitted
to the United States without a visa pursuant to section 217
may be authorized to remain in the United States as a
nonimmigrant visitor for a period exceeding 90 days from the
date of admission.
``(D) Bar to immigration benefits and to contesting
removal.--
``(i) In general.--Subject to clause (ii), except for an
alien admitted as a nonimmigrant under subparagraph (A) or
(G) of section 101(a)(15) or a NATO nonimmigrant, any alien
who remains in the United States beyond the period of stay
authorized by the Secretary of Homeland Security, without
good cause as determined by the Secretary of Homeland
Security, in the Secretary's discretion, is ineligible for
all immigration benefits or relief available under the
immigration laws, other than a request for asylum,
withholding of removal under section 241(b)(3), or relief
from removal based on a claim under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York, December 10, 1984.
``(ii) Exception.--The Secretary may, in the Secretary's
sole and unreviewable discretion, find that a nonimmigrant is
not subject to clause (i) if--
``(I) the alien was lawfully admitted to the United States
as a nonimmigrant;
``(II) the alien filed a nonfrivolous application for
change of status to another nonimmigrant category or
extension of stay before the date of expiration of the
alien's authorized period of stay as a nonimmigrant;
``(III) the alien has not been employed without
authorization in the United States, before, or during
pendency of the application;
``(IV) the alien has not otherwise violated the terms of
the alien's nonimmigrant status; and
``(V) the Secretary of Homeland Security, in the
Secretary's sole and unreviewable discretion, determines that
the alien is not a threat to national security or public
safety.
``(iii) Good cause defined.--In clause (i), the term `good
cause' means exigent humanitarian circumstances, such as
medical emergencies or force majeure.''.
(b) Issuance of Nonimmigrant Visas.--Section 221(a) of the
Immigration and Nationality Act (8 U.S.C. 1201(a)) is amended
by adding at the end the following:
``(3) Notification of Bars.--The Secretary of State shall
ensure that every application for a nonimmigrant visa
includes a statement, to be executed under penalty of
perjury, notifying the alien who is seeking a nonimmigrant
visa of the bars to immigration relief and to contesting
removal under section 214(a)(1)(D) if the alien fails to
depart the United States at the end of the alien's authorized
period of stay.''.
(c) Visa Waiver Program Waiver of Rights.--Section 217(b)
of the Immigration and Nationality Act (8 U.S.C. 1187(b)) is
amended to read as follows:
``(b) Waiver of Rights.--An alien may not be provided a
waiver under the program unless the alien has--
``(1) signed, under penalty of perjury, an acknowledgement
confirming that the alien was notified and understands that
he or she will be ineligible for any form of relief or
immigration benefit under the Act or any other immigration
laws, other than a request for asylum, withholding of removal
under section 241(b)(3), or relief from removal based on a
claim under the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at New
York, December 10, 1984, if the alien fails to depart the
United States at the end of the 90-day period for admission;
``(2) waived any right to review or appeal under this Act
of an immigration officer's determination as to the a
admissibility of the alien at the port of entry into the
United States, and
``(3) waived any right to contest, other than on the basis
of an application for asylum, any action for removal of the
alien.''.
SEC. 303. INCREASE IN IMMIGRATION DETENTION CAPACITY.
Not later than September 30, 2018, and subject to the
availability of appropriations, the Secretary of Homeland
Security shall increase the immigration detention capacity to
a daily immigration detention capacity of not less than
48,879 detention beds.
SEC. 304. COLLECTION OF DNA FROM CRIMINAL AND DETAINED
ALIENS.
(a) In General.--Section 3(a)(1) of the DNA Analysis
Backlog Elimination Act of 2000 (42 U.S.C. 14135a(a)(1)) is
amended by adding at the end the following:
``(C) The Secretary of Homeland Security shall collect DNA
samples from any alien, as defined under section 101(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)),
who--
``(i) has been detained pursuant to section
235(b)(1)(B)(iii)(IV), 236, 236A, or 238 of that Act (8
U.S.C. 1225(b)(1)(B)(iii)(IV), 1226, 1226a, 1228); or
``(ii) is the subject of a final order of removal under
section 240 of that Act (8 U.S.C. 1229a) based on
inadmissibility under section 212(a)(2) of that Act (8 U.S.C.
1182(a)(2)) or being subject to removal under section
237(a)(2) of that Act (8 U.S.C. 1227(a)(2)).''.
(b) Furnishing of DNA Samples From Criminal and Detained
Aliens.--Section 3(b) of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135a(b)) is amended by striking ``or
the probation office responsible (as applicable)'' and
inserting ``the probation office responsible, or the
Secretary of Homeland Security''.
SEC. 305. COLLECTION, USE, AND STORAGE OF BIOMETRIC DATA.
(a) Collection and Use of Biometric Information for
Immigration Purposes.--
(1) Collection.--The Secretary of Homeland Security may
require any individual filing an application, petition, or
other request for immigration benefit or status with the
Department of Homeland Security or seeking an immigration
benefit, immigration employment authorization, identity, or
travel document, or requesting relief under any provision of
the immigration laws to submit biometric information
(including but not limited to fingerprints, photograph,
signature, voice print, iris, or DNA) to the Secretary.
(2) Use.--The Secretary may use any biometric information
submitted under paragraph (1) to conduct background and
security checks, verify an individual's identity, adjudicate,
revoke, or terminate immigration benefits or status, and
perform other functions related to administering and
enforcing the immigration laws.
(b) Biometric and Biographic Information Sharing.--
(1) Biometric and biographic information sharing with
department of defense and federal bureau of investigation.--
The Secretary of Homeland Security, the Secretary of Defense,
and the Director of the Federal Bureau of Investigation--
(A) shall exchange appropriate biometric and biographic
information to determine or confirm the identity of an
individual and to assess whether the individual is a threat
to national security or public safety; and
(B) may use information exchanged pursuant to subparagraph
(A) to compare biometric and biographic information contained
in applicable systems of the Department of Homeland Security,
the Department of Defense, or the Federal Bureau of
Investigation to determine if there is a match between such
information and, if there is a match, to relay such
information to the requesting agency.
(2) Use of biometric data by the department of state.--The
Secretary of State shall use biometric information from
applicable systems of the Department of Homeland Security, of
the Department of Defense, and of the Federal Bureau of
Investigation to track individuals who are--
(A)(i) known or suspected terrorists; or
(ii) identified as a potential threat to national security;
and
(B) using an alias while traveling.
(3) Report on biometric information sharing with mexico and
other countries for identity verification.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Homeland Security and the Secretary of State
shall submit a joint report on the status of efforts to
engage with the Government of Mexico and the governments of
other appropriate foreign countries located in Central
America or South American--
(A) to discuss coordination on biometric information
sharing between the United States and such countries; and
[[Page S4850]]
(B) to enter into bilateral agreements that provide for the
sharing of such biometric information with the Department of
State, the Department of Defense, the Department of Justice,
the Federal Bureau of Investigation, and the Department of
Homeland Security to use in identifying individuals who are
known or suspected terrorists or potential threats to
national security and verifying entry and exit of individuals
to and from the United States.
(c) Construction.--The collection of biometric information
under paragraph (1) shall not limit the Secretary of Homeland
Security's authority to collect biometric information from
any individual arriving to or departing from the United
States.
SEC. 306. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.
(a) In General.--The Secretary of Homeland Security shall
establish a pilot program in at least 5 of the 10 U.S.
Immigration and Customs Enforcement field offices or regions
with the largest removal caseloads to allow U.S. Immigration
and Customs Enforcement officers to use handheld or vehicle-
mounted computers to electronically--
(1) process and serve charging documents, including notices
to appear, while in the field;
(2) process and place detainers while in the field;
(3) collect biometric data for the purpose of identifying
an alien and establishing both immigration status and
criminal history while in the field;
(4) enter any required data, including personal information
about the alien subject and the reason for issuing the
document;
(5) apply the electronic signature of the issuing ICE
officer or agent;
(6) apply or capture the electronic signature of the alien
on any charging document or notice, including any electronic
signature captured to acknowledge service of such documents
or notices;
(7) set the date the alien is required to appear before an
immigration judge, in the case of notices to appear;
(8) print any documents the alien subject may be required
to sign, along with additional copies of documents to be
served on the alien; and
(9) interface with the ENFORCE database so that all data is
collected, stored, and retrievable in real-time.
(b) Construction.--The pilot program described in
subsection (a) shall be designed to replace, to the extent
possible, the current paperwork and data-entry process used
for issuing such charging documents and detainers.
(c) Deadline.--The Secretary shall initiate the pilot
program described in subsection (a) not later than 6 months
after the date of the enactment of this Act.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United
States shall--
(1) submit a report 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, the Committee on the
Judiciary of the House of Representatives on the results of
the pilot program; and
(2) provide recommendations to such committees for
implementing use of such technology nationwide.
SEC. 307. ENDING ABUSE OF PAROLE AUTHORITY.
Section 212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) is amended to read as follows:
``(5) Parole Authority.--
``(A) In general.--Except as provided in subparagraph (C)
or section 214(f), the Secretary of Homeland Security, in the
Secretary's discretion, may parole into the United States
temporarily, under such conditions as the Secretary may
prescribe, including requiring the posting of a bond, and
only on a case-by-case basis for urgent humanitarian reasons
or significant public benefit, any alien applying for
admission to the United States.
``(B) Parole not an admission.--In accordance with section
101(a)(13)(B), parole of an alien under subparagraph (A)
shall not be regarded as an admission of the alien to the
United States.
``(C) Prohibited uses of parole authority.--
``(i) In general.--The Secretary may not use the authority
under subparagraph (A) to parole in generalized categories of
aliens or classes of aliens based solely on nationality,
presence, or residence in the United States, family
relationships, or any other criteria that would cover a broad
group of foreign nationals either inside or outside of the
United States.
``(ii) Aliens who are national security or public safety
threats.--
``(I) Prohibition on parole.--The Secretary of Homeland
Security shall not parole in any alien who the Secretary, in
the Secretary's sole and unreviewable discretion, determines
is a threat to national security or public safety, except in
extreme exigent circumstances.
``(II) Extreme exigent circumstances defined.--In subclause
(I), the term `extreme exigent circumstances' means
circumstances under which--
``(aa) the failure to parole the alien would result in the
immediate significant risk of loss of life or bodily function
due to a medical emergency;
``(bb) the failure to parole the alien would conflict with
medical advice as to the health or safety of the individual,
detention facility staff, or other detainees; or
``(cc) there is an urgent need for the alien's presence for
a law enforcement purpose, including for a prosecution or
securing the alien's presence to appear as a material
witness, or a national security purpose.
``(D) Termination of parole.--The Secretary of Homeland
Security shall determine when the purpose of parole of an
alien has been served and, upon such determination--
``(i) the alien's case shall continue to be dealt with in
the same manner as that of any other applicant for admission
to the United States; and
``(ii) if the alien was previously detained, the alien
shall be returned to the custody from which the alien was
paroled.
``(E) Limitations on use of advance parole.--
``(i) Advance parole defined.--In this subparagraph, the
term `advance parole' means advance approval for an alien
applying for admission to the United States to request at a
port of entry in the United States, a pre-inspection station,
or a designated field office of the Department of Homeland
Security, to be paroled into the United States under
subparagraph (A).
``(ii) Approval and revocation of advance parole.--The
Secretary of Homeland Security may, in the Secretary's
discretion, grant an application for advance parole. Approval
of an application for advance parole shall not constitute a
grant of parole under subparagraph (A). A grant of parole
into the United States based on an approved application for
advance parole shall not be considered a parole for purposes
of qualifying for adjustment of status to lawful permanent
resident status in the United States under section 245 or
245A.
``(iii) Revocation of advance parole.--The Secretary may,
in the Secretary's discretion, revoke a grant of advance
parole to an alien at any time, regardless of whether the
alien is inside or outside the United States. Such revocation
shall not be subject to administrative appeal or judicial
review.''.
SEC. 308. STOP DANGEROUS SANCTUARY CITIES ACT.
(a) Short Title.--This section may be cited as the ``Stop
Dangerous Sanctuary Cities Act''.
(b) Ensuring That Local and Federal Law Enforcement
Officers May Cooperate to Safeguard Our Communities.--
(1) Authority to cooperate with federal officials.--A
State, a political subdivision of a State, or an officer,
employee, or agent of such State or political subdivision
that complies with a detainer issued by the Department under
sections 236, 241, or section 287 of the Immigration and
Nationality Act (8 U.S.C. 1226, 1231, or 1357)--
(A) shall be deemed to be acting as an agent of the
Department; and
(B) with regard to actions taken to comply with the
detainer, shall have all authority available to officers and
employees of the Department.
(2) Legal proceedings.--In any legal proceeding brought
against a State, a political subdivision of State, or an
officer, employee, or agent of such State or political
subdivision, which challenges the legality of the seizure or
detention of an individual pursuant to a detainer issued by
the Department under section 236 or 287 of the Immigration
and Nationality Act (8 U.S.C. 1226, 1357)--
(A) no liability for false arrest or imprisonment shall lie
against the State or political subdivision of a State for
actions taken in compliance with the detainer, which includes
maintaining custody of the alien in accordance with the
instructions on the detainer form and notifying the
Department prior to the alien's release from custody; and
(B) if the actions of the officer, employee, or agent of
the State or political subdivision were taken in compliance
with the detainer--
(i) the officer, employee, or agent shall be deemed--
(I) to be an employee of the Federal Government and an
investigative or law enforcement officer; and
(II) to have been acting within the scope of his or her
employment under section 1346(b) and chapter 171 of title 28,
United States Code;
(ii) section 1346(b) of title 28, United States Code, shall
provide the exclusive remedy for the plaintiff; and
(iii) the United States shall be substituted as defendant
in the proceeding.
(c) Sanctuary Jurisdiction Defined.--
(1) In general.--Except as provided under subsection (2),
for purposes of this section, the term ``sanctuary
jurisdiction'' means any State or political subdivision of a
State that has in effect a statute, ordinance, policy, or
practice that prohibits or restricts any government entity or
official from--
(A) sending, receiving, maintaining, or exchanging with any
Federal, State, or local government entity information
regarding the citizenship or immigration status (lawful or
unlawful) of any individual; or
(B) complying with a request lawfully made by the
Department under section 236 or 287 of the Immigration and
Nationality Act (8 U.S.C. 1226, 1357) to comply with a
detainer for, or notify about the release of, an individual.
(2) Exception.--A State or political subdivision of a State
shall not be deemed a sanctuary jurisdiction based solely on
its having a policy whereby its officials will not share
information regarding, or comply with a request made by the
Department under
[[Page S4851]]
section 236 or 287 of the Immigration and Nationality Act (8
U.S.C. 1226, 1357) to comply with a detainer regarding, an
individual who comes forward as a victim or a witness to a
criminal offense.
(d) Sanctuary Jurisdictions Ineligible for Certain Federal
Funds.--
(1) Economic development administration grants.--
(A) Grants for public works and economic development.--
Section 201(b) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3141(b)) is amended--
(i) in paragraph (2), by striking ``and'' at the end;
(ii) in paragraph (3), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) the area in which the project is to be carried out is
not a sanctuary jurisdiction (as defined in subsection (c) of
the Stop Dangerous Sanctuary Cities Act).''.
(B) Grants for planning and administrative expenses.--
Section 203(a) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3143(a)) is amended by adding at the
end the following: ``A sanctuary jurisdiction (as defined in
subsection (c) of the Stop Dangerous Sanctuary Cities Act)
may not be deemed an eligible recipient under this
subsection.''.
(C) Supplementary grants.--Section 205(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3145(a)) is amended--
(i) in paragraph (2), by striking ``and'' at the end;
(ii) in paragraph (3)(B), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) will be carried out in an area that does not contain
a sanctuary jurisdiction (as defined in subsection (c) of the
Stop Dangerous Sanctuary Cities Act).''.
(D) Grants for training, research, and technical
assistance.--Section 207 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3147) is amended by adding
at the end the following:
``(c) Ineligibility of Sanctuary Jurisdictions.--Grant
funds under this section may not be used to provide
assistance to a sanctuary jurisdiction (as defined in
subsection (c) of the Stop Dangerous Sanctuary Cities
Act).''.
(2) Community development block grants.--
(A) Definitions.--Section 102(a) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302(a)) is
amended by adding at the end the following:
``(25) The term `sanctuary jurisdiction' has the meaning
given that term in subsection (c) of the Stop Dangerous
Sanctuary Cities Act.''.
(B) Eligible grantees.--
(i) In general.--Section 104(b) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(b)) is
amended--
(I) in paragraph (5), by striking ``and'' at the end;
(II) by redesignating paragraph (6) as paragraph (7); and
(III) by inserting after paragraph (5) the following:
``(6) the grantee is not a sanctuary jurisdiction and will
not become a sanctuary jurisdiction during the period for
which the grantee receives a grant under this title; and''.
(ii) Protection of individuals against crime.--Section 104
of the Housing and Community Development Act of 1974 (42
U.S.C. 5304) is amended by adding at the end the following:
``(n) Protection of Individuals Against Crime.--
``(1) In general.--No funds authorized to be appropriated
to carry out this title may be obligated or expended for any
State or unit of general local government that is a sanctuary
jurisdiction.
``(2) Returned amounts.--
``(A) State.--If a State is a sanctuary jurisdiction during
the period for which it receives amounts under this title,
the Secretary--
``(i) shall direct the State to immediately return to the
Secretary any such amounts that the State received for that
period; and
``(ii) shall reallocate amounts returned under clause (i)
for grants under this title to other States that are not
sanctuary jurisdictions.
``(B) Unit of general local government.--If a unit of
general local government is a sanctuary jurisdiction during
the period for which it receives amounts under this title,
any such amounts that the unit of general local government
received for that period--
``(i) in the case of a unit of general local government
that is not in a nonentitlement area, shall be returned to
the Secretary for grants under this title to States and other
units of general local government that are not sanctuary
jurisdictions; and
``(ii) in the case of a unit of general local government
that is in a nonentitlement area, shall be returned to the
Governor of the State for grants under this title to other
units of general local government in the State that are not
sanctuary jurisdictions.
``(C) Reallocation rules.--In reallocating amounts under
subparagraphs (A) and (B), the Secretary--
``(i) shall apply the relevant allocation formula under
subsection (b), with all sanctuary jurisdictions excluded;
and
``(ii) shall not be subject to the rules for reallocation
under subsection (c).''.
SEC. 309. REINSTATEMENT OF THE SECURE COMMUNITIES PROGRAM.
(a) Reinstatement.--The Secretary shall reinstate and
operate the Secure Communities program immigration
enforcement program administered by U.S. Immigration and
Customs Enforcement between 2008 and 2014.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $150,000,000 to carry out this section.
SEC. 310. PREVENTION AND DETERRENCE OF FRAUD IN OBTAINING
RELIEF FROM REMOVAL.
(a) Restriction on Waiver of Inadmissibility of Criminal
Grounds When Qualifying Relatives Benefitted From Fraud.--
Section 212(h) of the Immigration and Nationality Act (8
U.S.C. 1182(h)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by redesignating clauses (i),
(ii), and (iii) as subclauses (I), (II), and (III); and
(B) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii);
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(3) by striking ``The Attorney General may, in his
discretion'' and inserting ``(1) The Secretary of Homeland
Security may, in the Secretary's discretion''; and
(4) in the undesignated matter following paragraph (1)(B),
as redesignated, by striking ``No waiver'' and inserting the
following:
``(2) No waiver shall be available under this subsection if
a preponderance of the evidence shows that the spouse,
parent, son, or daughter procured, or sought to procure, any
immigration status under this title based on fraud or
material misrepresentation by the alien seeking the waiver.
No waiver''.
(b) Restriction on Waiver of Inadmissibility of Fraud
Grounds When Qualifying Relatives Benefitted From Fraud.--
Section 212(i)(1) of the Immigration and Nationality Act (8
U.S.C. 1182(i)(1)) is amended by adding at the end the
following: ``No waiver shall be available under this
subsection if a preponderance of the evidence shows that the
spouse, parent, son, or daughter procured, or sought to
procure, any immigration status under this title based on
fraud or material misrepresentation by the alien seeking the
waiver.''.
(c) Restriction on Waiver of Deportability of Fraud Grounds
When Qualifying Relatives Benefitted From Fraud.--Section
237(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(1)(H)) is amended--
(1) in clause (i), by redesignating subclauses (I) and (II)
as items (aa) and (bb);
(2) by redesignating clauses (i) and (ii) as subclauses (I)
and (II);
(3) by inserting ``(i)'' before ``The provisions''; and
(4) by striking ``A waiver'' and inserting the following:
``(ii) No waiver shall be available under this subparagraph
if a preponderance of the evidence shows that the spouse,
parent, son, or daughter procured, or sought to procure, any
immigration status under this title based on fraud or
material misrepresentation by the alien seeking the waiver. A
waiver''.
(e) Restriction on Cancellation of Removal When Qualifying
Relatives Benefitted From Fraud.--Section 240A(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)) is
amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv), respectively;
(2) by inserting ``(A)'' before ``The Attorney General'';
and
(3) by adding at the end the following:
``(B) No cancellation shall be available under this
paragraph if a preponderance of the evidence shows that the
spouse, parent, son, or daughter procured, or sought to
procure, any immigration status under this title based on
fraud or material misrepresentation by the alien seeking the
waiver.''.
(e) Applicability.--The amendments made by this section
shall apply to all applications for waivers or cancellation
of removal submitted before, on, or after the date of
enactment of this Act.
Subtitle B--Protecting Children and America's Homeland Act of 2017
SEC. 320. SHORT TITLE.
This subtitle may be cited as the ``Protecting Children and
America's Homeland Act of 2017''.
SEC. 321. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
Section 235(a) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(a)) is amended--
(1) in paragraph (2)--
(A) by striking the paragraph heading and inserting ``Rules
for unaccompanied alien children.--'';
(B) in subparagraph (A), 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 shall be
treated in accordance with subparagraph (B)'' and inserting
``shall be treated in accordance with subparagraph (B) of
this paragraph or subsection (b), as appropriate''; and
(C) in subparagraph (C)--
(i) by striking the subparagraph heading and inserting
``Agreements with foreign countries.--''; and
(ii) in the matter preceding clause (i), by striking
``countries contiguous to the United States'' and inserting
``Canada, El Salvador, Guatemala, Honduras, Mexico, and any
other foreign country that the Secretary determines
appropriate'';
[[Page S4852]]
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively;
(3) inserting after paragraph (2) the following:
``(3) Mandatory expedited removal of criminals and gang
members.--Notwithstanding any other provision of law,
including section 235(a) of the William Wilberforce
Trafficking Protection Reauthorization Act of 2008 (8 U.S.C.
1232(a)), the Secretary of Homeland Security shall place an
unaccompanied alien child in a proceeding in accordance with
section 235 of the Immigration and Nationality Act (8 U.S.C.
1225) if, the Secretary determines or has reason to believe
the alien--
``(A) has been convicted of, or found to be a juvenile
offender based on, any offense carrying a maximum term of
imprisonment of more than 180 days;
``(B) has been convicted of, or found to be a juvenile
offender based on, an offense which involved--
``(i) the use or attempted use of physical force, or
threatened use of a deadly weapon;
``(ii) the purchase, sell, offering for sale, exchange,
use, owning, possession, or carrying, or of attempting or
conspiring to purchase, sell, offer for sale, exchange, use,
own, possess, or carry, any weapon, part, or accessory which
is a firearm or destructive device (as defined in section
921(a) of title 18, United States Code) in violation of any
law;
``(iii) child abuse and neglect (as defined in section
40002(a)(3) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(a)(3));
``(iv) assault resulting in bodily injury (as defined in
section 2266 of title 18, United States Code);
``(v) the violation of a protection order (as defined in
section 2266 of title 18, United States Code);
``(vi) driving while intoxicated or driving under the
influence (as those terms are defined in section 164 of title
23, United States Code); or
``(vii) 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));
``(C) has been convicted of, or found to be a juvenile
offender based on, more than 1 criminal offense (other than
minor traffic offenses);
``(D) has been convicted of, or found to be a juvenile
offender based on a crime of violence or an offense under
Federal, State, or Tribal law, that has, as an element, the
use or attempted use of physical force or the threatened use
of physical force or a deadly weapon;
``(E) has engaged in, is engaged in, or is likely to engage
after entry, in any terrorist activity (as defined in section
212(a)(3)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has
participated in the activities of a foreign terrorist
organization (as designated under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189));
``(F) has engaged in, is engaged in, or any time after a
prior admission engages in activity described in section
237(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(4));
``(G) is or was a member of a criminal gang (as defined in
paragraph (53) of section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(53));
``(H) provided materially false, fictitious, or fraudulent
information regarding age or identity to the United States
Government with the intent to be inaccurately classified as
an unaccompanied alien child; or
``(I) has entered the United States more than 1 time in
violation of section 275(a) of the Immigration and
Nationality Act (8 U.S.C. 1325(a)), knowing that the entry
was unlawful.
``(J) has entered the United States more than 1 time in
violation of section 275(a) of the Immigration and
Nationality Act (8 U.S.C. 1325(a)), knowing that the entry
was unlawful.'';
(4) in paragraph (4), as redesignated--
(A) by striking ``not described in paragraph (2)(A)''; and
(B) by inserting ``who choose not to withdraw their
application for admission and return to their country of
nationality or country of last habitual residence'' after
``port of entry'';
(5) in paragraph (6)(D), as redesignated--
(A) by striking the subparagraph heading and inserting
``Expedited due process and screening for unaccompanied alien
children.--'';
(B) in the matter preceding clause (i), by striking ``,
except for an unaccompanied alien child from a contiguous
country subject to the exceptions under subsection (a)(2),
shall be--'' and inserting ``who meets the criteria listed in
paragraph (2)(A) and who chooses not to withdraw his or her
application for admission and return to the unaccompanied
alien child's country of nationality or country of last
habitual residence as permitted under section 235B(c)(5) of
the Immigration and Nationality Act (8 U.S.C. 1225b(c)(5))--
'';
(C) by striking clause (i) and inserting the following:
``(i) shall be placed in a proceeding in accordance with
section 235B of the Immigration and Nationality Act (8 U.S.C.
1225b), which shall commence not later than 7 days after the
screening of an unaccompanied alien child described in
paragraph (5);'';
(D) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(E) by inserting after clause (i) the following:
``(ii) may not be placed in the custody of a
nongovernmental sponsor or otherwise released from the
immediate custody of the United States Government until the
child is repatriated unless the child--
``(I) is the subject of an order under section 235B(e)(1)
of the Immigration and Nationality Act (8 U.S.C.
1225b(e)(1)); and
``(II) is placed or released in accordance with subsection
(c)(2)(C) of this section.'';
(F) in clause (iii), as redesignated, by inserting ``is''
before ``eligible''; and
(G) in clause (iv), as redesignated, by inserting ``shall
be'' before ``provided''.
SEC. 322. EXPEDITED DUE PROCESS AND SCREENING FOR
UNACCOMPANIED ALIEN CHILDREN.
(a) Humane and Expedited Inspection and Screening for
Unaccompanied Alien Children.--
(1) In general.--Chapter 4 of title II of the Immigration
and Nationality Act (8 U.S.C. 1221 et seq.) is amended by
inserting after section 235A the following:
``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING
FOR UNACCOMPANIED ALIEN CHILDREN.
``(a) Asylum Officer Defined.--In this section, the term
`asylum officer' means an immigration officer who--
``(1) has had professional training in country conditions,
asylum law, and interview techniques comparable to that
provided to full-time adjudicators of applications under
section 208; and
``(2) is supervised by an officer who--
``(A) meets the condition described in paragraph (1); and
``(B) has had substantial experience adjudicating
applications under section 208.
``(b) Proceeding.--
``(1) In general.--Not later than 7 days after the
screening of an unaccompanied alien child under section
235(a)(5) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(5)),
an immigration judge shall--
``(A) conduct and conclude a proceeding to inspect, screen,
and determine the status of the unaccompanied alien child who
is an applicant for admission to the United States; and
``(B) in the case of an unaccompanied alien child seeking
asylum, conduct fact finding to determine whether the
unaccompanied alien child meets the definition of an
unaccompanied alien child under section 235(g) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(g)).
``(2) Time limit.--Not later than 72 hours after the
conclusion of a proceeding with respect to an unaccompanied
alien child under this section, the immigration judge who
conducted such proceeding shall issue an order pursuant to
subsection (e).
``(c) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The immigration
judge conducting a proceeding under this section--
``(A) shall administer oaths, receive evidence, and
interrogate, examine, and cross-examine the unaccompanied
alien child and any witnesses;
``(B) is authorized to sanction by civil money penalty any
action (or inaction) in contempt of the judge's proper
exercise of authority under this Act; and
``(C) shall determine whether the unaccompanied alien child
meets any of the criteria set out in subparagraphs (A)
through (I) of paragraph (3) of section 235(a) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(a)), and if so, order the alien
removed under subsection (e)(2) of this section.
``(2) Form of proceeding.--A proceeding under this section
may take place--
``(A) in person;
``(B) at a location agreed to by the parties, in the
absence of the unaccompanied alien child;
``(C) through video conference; or
``(D) through telephone conference.
``(3) Presence of alien.--If it is impracticable by reason
of the mental incompetency of the unaccompanied alien child
for the alien to be present at the proceeding, the Attorney
General shall prescribe safeguards to protect the rights and
privileges of the alien.
``(4) Rights of the alien.--In a proceeding under this
section--
``(A) the unaccompanied alien child shall be provided
access to counsel in accordance with section 235(c)(5) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(c)(5));
``(B) the alien shall be given a reasonable opportunity--
``(i) to examine the evidence against the alien;
``(ii) to present evidence on the alien's own behalf; and
``(iii) to cross-examine witnesses presented by the
Government;
``(C) the rights set forth in subparagraph (B) shall not
entitle the alien--
``(i) to examine such national security information as the
Government may proffer in opposition to the alien's admission
to the United States; or
``(ii) to an application by the alien for discretionary
relief under this Act; and
``(D) a complete record shall be kept of all testimony and
evidence produced at the proceeding.
[[Page S4853]]
``(5) Withdrawal of application for admission.--An
unaccompanied alien child applying for admission to the
United States may, and at any time prior to the issuance of a
final order of removal, be permitted to withdraw the
application and immediately be returned to the alien's
country of nationality or country of last habitual residence.
``(6) Consequences of failure to appear.--An unaccompanied
alien child who does not attend a proceeding under this
section, shall be ordered removed, except under exceptional
circumstances where the alien's absence is the fault of the
Government, a medical emergency, or an act of nature.
``(d) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of a proceeding under
this section, the immigration judge, notwithstanding section
235(b), shall determine whether an unaccompanied alien child
is likely to be--
``(i) admissible to the United States; or
``(ii) eligible for any form of relief from removal under
this Act.
``(B) Evidence.--The determination of the immigration judge
under subparagraph (A) shall be based only on the evidence
produced at the hearing.
``(2) Burden of proof.--
``(A) In general.--In a proceeding under this section, an
unaccompanied alien child who is an applicant for admission
has the burden of establishing, by clear and convincing
evidence, that the alien--
``(i) is likely to be entitled to be lawfully admitted to
the United States or eligible for any form of relief from
removal under this Act; or
``(ii) is lawfully present in the United States pursuant to
a prior admission.
``(B) Access to documents.--In meeting the burden of proof
under subparagraph (A)(ii), the alien shall be given access
to--
``(i) the alien's visa or other entry document, if any; and
``(ii) any other records and documents, not considered by
the Attorney General to be confidential, pertaining to the
alien's admission or presence in the United States.
``(e) Orders.--
``(1) Placement in further proceedings.--If an immigration
judge determines that the unaccompanied alien child has met
the burden of proof under subsection (d)(2), the immigration
judge shall--
``(A) order the alien to be placed in further proceedings
in accordance with section 240; and
``(B) order the Secretary of Homeland Security to place the
alien on the U.S. Immigration and Customs Enforcement
detained docket for purposes of carrying out such
proceedings.
``(2) Orders of removal.--If an immigration judge
determines that the unaccompanied alien child has not met the
burden of proof required under subsection (d)(2), the judge
shall order the alien removed from the United States without
further hearing or review unless the alien claims--
``(A) an intention to apply for asylum under section 208;
``(B) a fear of persecution; or
``(C) a fear of torture.
``(3) Claims for asylum.--If an unaccompanied alien child
described in paragraph (2) claims an intention to apply for
asylum under section 208 or a fear of persecution, or fear of
torture, the immigration judge shall order the alien referred
for an interview by an asylum officer under subsection (f).
``(f) Asylum Interviews.--
``(1) Credible fear of persecution defined.--In this
subsection, the term `credible fear of persecution' means,
after taking into account the credibility of the statements
made by an unaccompanied alien child in support of the
alien's claim and such other facts as are known to the asylum
officer, there is a significant possibility that the alien
could establish eligibility for asylum under section 208 or
for protection from removal based on Article 3 of the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
``(2) Conduct by asylum officer.--An asylum officer shall
conduct the interviews of an unaccompanied alien child
referred under subsection (e)(3).
``(3) Referral of certain aliens.--If the asylum officer
determines at the time of the interview that an unaccompanied
alien child has a credible fear of persecution or torture,
the alien shall be held in the custody of the Secretary for
Health and Human Services pursuant to section 235(b) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(b)) during further
consideration of the application for asylum.
``(4) Removal without further review if no credible fear of
persecution or torture.--
``(A) In general.--Subject to subparagraph (C), if the
asylum officer determines that an unaccompanied alien child
does not have a credible fear of persecution or torture, the
Secretary shall order the alien removed from the United
States without further hearing or review.
``(B) Record of determination.--The asylum officer shall
prepare a written record of a determination under
subparagraph (A), which shall include--
``(i) a summary of the material facts as stated by the
alien;
``(ii) such additional facts (if any) relied upon by the
asylum officer;
``(iii) the asylum officer's analysis of why, in light of
such facts, the alien has not established a credible fear of
persecution; and
``(iv) a copy of the asylum officer's interview notes.
``(C) Review of determination.--
``(i) Rulemaking.--The Attorney General shall establish, by
regulation, a process by which an immigration judge will
conduct a prompt review, upon the alien's request, of a
determination under subparagraph (A) that the alien does not
have a credible fear of persecution.
``(ii) Mandatory components.--The review described in
clause (i)--
``(I) shall include an opportunity for the alien to be
heard and questioned by the immigration judge, either in
person or by telephonic or video connection; and
``(II) shall be concluded as expeditiously as possible, to
the maximum extent practicable within 24 hours, but in no
case later than 7 days after the date of the determination
under subparagraph (A).
``(D) Mandatory protective custody.--Any alien subject to
the procedures under this paragraph shall be held in the
custody of the Secretary of Health and Human Services
pursuant to section 235(b) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(b))--
``(i) pending a final determination of an application for
asylum under this subsection; and
``(ii) after a determination under this subsection that the
alien does not have a credible fear of persecution or
torture, until the alien is removed.
``(g) Limitation on Administrative Review.--
``(1) In general.--Except as provided in subsection
(f)(4)(C) and paragraph (2), a removal order entered in
accordance with subsection (e)(2) or (f)(4)(A) is not subject
to administrative appeal.
``(2) Rulemaking.--The Attorney General shall establish, by
regulation, a process for the prompt review of an order under
subsection (e)(2) against an alien who claims under oath, or
as permitted under penalty of perjury under section 1746 of
title 28, United States Code, after having been warned of the
penalties for falsely making such claim under such conditions
to have been--
``(A) lawfully admitted for permanent residence;
``(B) admitted as a refugee under section 207; or
``(C) granted asylum under section 208.''.
(2) Clerical amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 235A the
following:
``Sec. 235B. Humane and expedited inspection and screening for
unaccompanied alien children.''.
(b) Judicial Review of Orders of Removal.--Section 242 of
the Immigration and Nationality Act (8 U.S.C. 1252) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section 235(b)(1))''
and inserting ``section 235(b)(1) or an order of removal
issued to an unaccompanied alien child after proceedings
under section 235B)''; and
(B) in paragraph (2)--
(i) by inserting ``or section 235B'' after ``section
235(b)(1)'' each place that term appears; and
(ii) in subparagraph (A)--
(I) in the subparagraph heading, by striking ``235(b)(1).--
'' and inserting ``235(b)(1) and 235B.--''; and
(II) in clause (iii), by striking ``section 235(b)(1)(B),''
and inserting ``section 235(b)(1)(B) or 235B(f);''; and
(2) in subsection (e)--
(A) in the subsection heading, striking ``235(b)(1).--''
and inserting ``235(b)(1) or 235B.--'';
(B) by inserting ``or section 235B'' after ``section
235(b)(1)'' each place that term appears;
(C) in subparagraph (2)(C), by inserting ``or section
235B(g)'' after ``section 235(b)(1)(C)''; and
(D) in subparagraph (3)(A), by inserting ``or section
235B'' after ``section 235(b)''.
SEC. 323. CHILD WELFARE AND LAW ENFORCEMENT INFORMATION
SHARING.
Section 235(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(b)) is amended by adding at the end the following:
``(5) Information sharing.--
``(A) Immigration status.--If the Secretary of Health and
Human Services considers placement of an unaccompanied alien
child with a potential sponsor, the Secretary of Homeland
Security shall provide to the Secretary of Health and Human
Services the immigration status of such potential sponsor
prior to the placement of the unaccompanied alien child.
``(B) Other information.--The Secretary of Health and Human
Services shall provide to the Secretary of Homeland Security
and the Attorney General upon request any relevant
information related to an unaccompanied alien child who is or
has been in the custody of the Secretary of Health and Human
Services, including the location of the child and any person
to whom custody of the child has been transferred, for any
legitimate law enforcement objective, including enforcement
of the immigration laws.''.
SEC. 324. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.
Section 235(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(b)), as amended by section 323, is further amended by
inserting at the end the following:
[[Page S4854]]
``(6) Inspection of facilities.--The Inspector General of
the Department of Health and Human Services shall conduct
regular inspections of facilities utilized by the Secretary
of Health and Human Services to provide care and custody of
unaccompanied alien children who are in the immediate custody
of the Secretary to ensure that such facilities are operated
in the most efficient manner practicable.
``(7) Facility operations costs.--The Secretary of Health
and Human Services shall ensure that facilities utilized to
provide care and custody of unaccompanied alien children are
operated efficiently and at a rate of cost that is not
greater than $500 per day for each child housed or detained
at such facility, unless the Secretary certifies that
compliance with this requirement is temporarily impossible
due to emergency circumstances.''.
SEC. 325. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN FORMAL
REMOVAL PROCEEDING.
(a) Custody of Unaccompanied Alien Children.--Section
235(c) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is
amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Children in formal removal proceedings.--
``(i) Limitation on placement.--Notwithstanding any
settlement or consent decree previously issued before date of
enactment of the Building America's Trust Act and section
236.3 of title 8, Code of Federal Regulations, or similar
successor regulation, an unaccompanied alien child who has
been placed in a proceeding under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a) may not be
placed in the custody of a nongovernmental sponsor or
otherwise released from the immediate custody of the United
States Government unless--
``(I) the nongovernmental sponsor is a biological or
adoptive parent or legal guardian of the alien child;
``(II) the parent or legal guardian is legally present in
the United States at the time of the placement;
``(III) the parent or legal guardian has undergone a
mandatory biometric criminal history check;
``(IV) if the nongovernmental sponsor is the biological
parent, the parent's relationship to the alien child has been
verified through DNA testing conducted by the Secretary of
Health and Human Services;
``(V) if the nongovernmental sponsor is the adoptive
parent, the parent's relationship to the alien child has been
verified with the judicial court that issued the final legal
adoption decree by the Secretary of Health and Human
Services; and
``(VI) the Secretary of Health and Human Services has
determined that the alien child is not a danger to self,
danger to the community, or risk of flight.
``(ii) Exceptions.--If the Secretary of Health and Human
Services determines that an unaccompanied alien child is a
victim of severe forms of trafficking in persons (as defined
in section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102)), a special needs child with a
disability (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)), a child who has
been a victim of physical or sexual abuse under circumstances
that indicate that the child's health or welfare has been
significantly harmed or threatened, or a child with mental
health needs that require ongoing assistance from a social
welfare agency, the alien child may be placed with a
grandparent or adult sibling if the grandparent or adult
sibling meets the requirements set out in subclauses (II),
(III), and (IV) of clause (i).
``(iii) Monitoring.--
``(I) In general.--In the case of an alien child who is 17
years of age or younger and is placed with a nongovernmental
sponsor under subparagraph (2)(C), such nongovernmental
sponsor shall--
``(aa) enroll in the alternative to detention program of
U.S. Immigration and Customs Enforcement; and
``(bb) continuously wear an electronic monitoring device
while the alien child is in removal proceedings.
``(II) Penalty for monitor tampering.--If an electronic
monitoring device required by subclause (I) is tampered with,
the sponsor of the alien child shall be subject to a civil
penalty of $150 for each day the monitor is not functioning
due to the tampering, up to a maximum of $3,000.
``(iv) Effect of violation of conditions.--The Secretary of
Health and Human Services shall remove an unaccompanied alien
child from a sponsor if the sponsor violates the terms of the
agreement specifying the conditions under which the alien was
placed with the sponsor.
``(v) Failure to appear.--
``(I) Civil penalty.--If an unaccompanied alien child is
placed with a sponsor and fails to appear in a mandatory
court appearance, the sponsor shall be subject to a civil
penalty of $250 for each day until the alien appears in
court, up to a maximum of $5,000.
``(II) Burden of proof.--The sponsor is not subject to the
penalty imposed under subclause (I) if the sponsor--
``(aa) appears in person and proves to the immigration
court that the failure to appear by the unaccompanied alien
child was not the fault of the sponsor; and
``(bb) supplies the immigration court with documentary
evidence that supports the assertion described in item (aa).
``(vi) Prohibition on placement with sex offenders and
human traffickers.--The Secretary of Health and Human
Services may not place an unaccompanied alien child under
this subparagraph in the custody of an individual who has
been convicted of, or the Secretary has reason to believe was
otherwise involved in the commission of--
``(I) a sex offense (as defined in section 111 of the Sex
Offender Registration and Notification Act (42 U.S.C.
16911));
``(II) a crime involving severe forms of trafficking in
persons (as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102)); or
``(III) an offense under Federal, State, or Tribal law,
that has, as an element, the use or attempted use of physical
force or the threatened use of physical force or a deadly
weapon.
``(vii) Requirements of criminal background check.--A
biometric criminal history check required by clause (i)(III)
shall be conducted using a set of fingerprints or other
biometric identifier through--
``(I) the Federal Bureau of Investigation;
``(II) criminal history repositories of all States that the
individual lists as current or former residences; and
``(III) any other State or Federal database or repository
that the Secretary of Health and Human Services determines is
appropriate.''.
(b) Home Studies and Follow-up Services for Unaccompanied
Alien Children.--Section 235(c) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(c)) is amended in paragraph (3) by--
(1) redesignating subparagraph (C) as (D); and
(2) by amending subparagraph (B) to read as follows:
``(B) Home studies.--
``(i) In general.--Before placing the child with an
individual, the Secretary of Health and Human Services shall
first determine whether a home study is necessary.
``(ii) Required home studies.--A home study shall be
conducted for a child--
``(I) who is a victim of a severe form of trafficking in
persons, a special needs child with a disability (as defined
in section 12102 of title 42);
``(II) who has been a victim of physical or sexual abuse
under circumstances that indicate that the child's health or
welfare has been significantly harmed or threatened; or
``(III) whose proposed sponsor clearly presents a risk of
abuse, maltreatment, exploitation, or trafficking to the
child based on all available objective evidence.
``(C) Follow-up services and additional home studies.--
``(i) Pendency of removal proceedings.--Every six months,
the Secretary of Health and Human Services shall conduct
follow-up services for children for whom a home study was
conducted and who were placed with a nongovernmental sponsor
until initial removal proceedings have been completed and the
immigration judge has issued an order of removal, granted
voluntary departure under section 240B, or granted the alien
relief from removal.
``(ii) Children with mental health or other needs.--Every
six months, for up to two years from the date of placement
with a nongovernmental sponsor, he Secretary of Health and
Human Services shall conduct follow-up services for children
with mental health needs or other needs that could benefit
from ongoing assistance from a social welfare agency.
``(iii) Children at risk.--Every six months, for up to two
years from the date of placement with a nongovernmental
sponsor, the Secretary of Health and Human Services shall
conduct home studies and follow-up services, including
partnering with local community programs that focus on early
am and after-school programs for at risk children who need a
secure environment to engage in studying, training, and
skills-building programs and who are at risk for recruitment
by criminal gangs or other transnational criminal
organizations in the United States.''.
(c) Clarification of Special Immigrant Juvenile
Definition.--Section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
(1) by amending subparagraph (i) to read as follows:
``(i) who, before reaching 18 years of age, was declared
dependent on a juvenile court located in the United States or
whom such a court has legally committed to, or placed under
the custody of, an agency or department of a State, or an
individual or entity appointed by a State or juvenile court
located in the United States, and whose reunification with
either parent of the immigrant is not viable due to abuse,
neglect, abandonment, or a similar basis found under State
law;'';
(2) in subparagraph (ii), by striking ``and'' at the end;
(3) in subparagraph (iii)(II), by inserting ``and'' at the
end; and
(4) by adding at the end the following:
``(iv) in whose case the Secretary of Homeland Security has
made the determination that the alien is an unaccompanied
alien child (as defined in section 462(g) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g))).''.
[[Page S4855]]
SEC. 326. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY OF
UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1041. Fraud in connection with the transfer of custody
of unaccompanied alien children
``(a) In General.--It shall be unlawful for a person to
obtain custody of an unaccompanied alien child (as defined in
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)))--
``(1) by making any materially false, fictitious, or
fraudulent statement or representation; or
``(2) by making or using any false writing or document
knowing the same to contain any materially false, fictitious,
or fraudulent statement or entry.
``(b) Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, this section shall be fined under this
title and imprisoned for not less than 1 year.
``(2) Enhanced penalty for trafficking.--If the primary
purpose of the violation, attempted violation, or conspiracy
to violate this section was to subject the child to sexually
explicit activity or any other form of exploitation, the
offender shall be fined under this title and imprisoned for
not less than 15 years.''.
(b) Table of Sections Amendment.--The table of sections for
chapter 47 of title 18, United States Code, is amended by
inserting after the item relating to section 1040 the
following:
``Sec. 1041. Fraud in connection with the transfer of custody of
unaccompanied alien children.''.
SEC. 327. NOTIFICATION OF STATES AND FOREIGN GOVERNMENTS,
REPORTING, AND MONITORING.
(a) Notification.--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) Notification to States.--
``(1) Prior to placement.--The Secretary of Homeland
Security or the Secretary of Health and Human Services shall
notify the Governor of a State not later than 48 hours prior
to the placement of an unaccompanied alien child from in
custody of such Secretary in the care of a facility or
sponsor in such State.
``(2) Initial reports.--Not later than 60 days after the
date of the enactment of the Protecting Children and
America's Homeland Act of 2017, the Secretary of Health and
Human Services shall submit a report to the Governor of each
State in which an unaccompanied alien child was discharged to
a sponsor or placed in a facility while remaining in the
legal custody of the Secretary during the period beginning
October 1, 2013 and ending on the date of the enactment of
the Protecting Children and America's Homeland Act of 2017.
``(3) Monthly reports.--The Secretary of Health and Human
Services shall submit a monthly report to the Governor of
each State in which, during the reporting period,
unaccompanied alien children were discharged to a sponsor or
placed in a facility while remaining in the legal custody of
the Secretary of Health and Human Services.
``(4) Contents.--Each report required to be submitted to
the Governor of a State under paragraph (2) or (3) shall
identify the number of unaccompanied alien children placed in
the State during the reporting period, disaggregated by--
``(A) the locality in which the aliens were placed; and
``(B) the age of such aliens.
``(k) Notification of Foreign Country.--The Secretary of
Homeland Security shall provide information regarding each
unaccompanied alien child to the government of the country of
which the child is a national to assist such government with
the identification and reunification of such child with their
parent or other qualifying relative.
``(l) Monitoring Requirement.--The Secretary of Health and
Human Services shall--
``(1) require all sponsors to agree--
``(A) to receive approval from the Secretary of Health and
Human Services prior to changing the location in which the
sponsor is housing an unaccompanied alien child placed in the
sponsor's custody; and
``(B) to provide a current address for the child and the
reason for the change of address;
``(2) provide regular and frequent monitoring of the
physical and emotional well-being of each unaccompanied alien
child who has been discharged to a sponsor or remained in the
legal custody of the Secretary until the child's immigration
case is resolved; and
``(3) not later than 60 days after the date of the
enactment of this Act, provide to Congress a plan for
implementing the requirements under paragraphs (1) and
(2).''.
SEC. 328. EMERGENCY IMMIGRATION JUDGE RESOURCES.
(a) Designation.--Not later than 14 days after the date of
the enactment of this Act, the Attorney General shall
designate up to 100 immigration judges, including through the
hiring of retired immigration judges, magistrate judges, or
administrative law judges, or the reassignment of current
immigration judges, that are dedicated--
(1) to conducting humane and expedited inspection and
screening for unaccompanied alien children under section 235B
of the Immigration and Nationality Act, as added by section
322; or
(2) to reducing existing backlogs in immigration court
proceedings initiated under section 239 of the Immigration
and Nationality Act (8 U.S.C. 1229).
(b) Requirement.--The Attorney General shall ensure that
sufficient immigration judge resources are dedicated to the
purpose described in subsection (a)(1) to comply with the
requirement under section 235B(b)(1) of the Immigration and
Nationality Act, as added by section 322.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $10,000,000 for each of the fiscal years
2018 through 2022 to implement this section.
SEC. 329. REPORTS TO CONGRESS.
(a) Reports on Care of Unaccompanied Alien Children.--Not
later than September 30, 2019, the Secretary of Health and
Human Services shall submit to Congress and make publically
available a report that includes--
(1) a detailed summary of the contracts in effect to care
for and house unaccompanied alien children, including the
names and locations of contractors and the facilities being
used;
(2) the cost per day to care for and house an unaccompanied
alien child, including an explanation of such cost;
(3) the number of unaccompanied alien children who have
been released to a sponsor, if any;
(4) a list of the States to which unaccompanied alien
children have been released from the custody of the Secretary
of Health and Human Services to the care of a sponsor or
placement in a facility;
(5) the number of unaccompanied alien children who have
been released to a sponsor who is not lawfully present in the
United States, including the country of nationality or last
habitual residence and age of such children;
(6) a determination of whether more than 1 unaccompanied
alien child has been released to the same sponsor, including
the number of children who were released to such sponsor;
(7) an assessment of the extent to which the Secretary of
Health and Human Services is monitoring the release of
unaccompanied alien children, including home studies done and
electronic monitoring devices used;
(8) an assessment of the extent to which the Secretary of
Health and Human Services is making efforts--
(A) to educate unaccompanied alien children about their
legal rights; and
(B) to provide unaccompanied alien children with access to
pro bono counsel; and
(9) the extent of the public health issues of unaccompanied
alien children, including contagious diseases, the benefits
or medical services provided, and the outreach to States and
localities about public health issues, that could affect the
public.
(b) Reports on Repatriation Agreements.--Not later than
September 30, 2018, the Secretary of State shall submit to
Congress and make publically available a report that--
(1) describes--
(A) any repatriation agreement for unaccompanied alien
children in effect and a copy of such agreement; and
(B) any such repatriation agreement that is being
considered or negotiated; and
(2) describes the funding provided to the 20 countries that
have the highest number of nationals entering the United
States as unaccompanied alien children, including amounts
provided--
(A) to deter the nationals of each country from illegally
entering the United States; and
(B) to care for or reintegrate repatriated unaccompanied
alien children in the country of nationality or last habitual
residence.
(c) Reports on Returns to Country of Nationality.--Not
later than September 30, 2019, the Secretary of Homeland
Security shall submit to Congress and make publicly available
a report that describes--
(1) the number of unaccompanied alien children who have
voluntarily returned to their country of nationality or
habitual residence, disaggregated by--
(A) country of nationality or habitual residence; and
(B) age of the unaccompanied alien children;
(2) the number of unaccompanied alien children who have
been returned to their country of nationality or habitual
residence, including assessment of the length of time such
children were present in the United States;
(3) the number of unaccompanied alien children who have not
been returned to their country of nationality or habitual
residence pending travel documents or other requirements from
such country, including how long they have been waiting to
return; and
(4) the number of unaccompanied alien children who were
granted relief in the United States, whether through asylum,
any other immigration benefit or status, or deferred action.
(d) Reports on Immigration Proceedings.--Not later than
September 30, 2019, and once every 3 months thereafter, the
Secretary of Homeland Security, in coordination with the
Director of the Executive Office for Immigration Review,
shall submit to Congress and make publically available a
report that describes--
(1) the number of unaccompanied alien children who, after
proceedings under section 235(b) of the Immigration and
Nationality Act, as added by section 312, were returned to
their country of nationality or habitual residence,
disaggregated by--
[[Page S4856]]
(A) country of nationality or residence; and
(B) age and gender of such aliens;
(2) the number of unaccompanied alien children who, after
proceedings under such section 235B, prove a claim of
admissibility and are placed in proceedings under section 240
of the Immigration and Nationality Act (8 U.S.C. 1229a);
(3) the number of unaccompanied alien children who fail to
appear at a removal hearing that such alien was required to
attend;
(4) the number of sponsors who were levied a penalty,
including the amount and whether the penalty was collected,
for the failure of an unaccompanied alien child to appear at
a removal hearing; and
(5) the number of aliens that are classified as
unaccompanied alien children, the ages and countries of
nationality of such children, and the orders issued by the
immigration judge at the conclusion of proceedings under such
section 235B for such children.
TITLE IV--PENALTIES FOR SMUGGLING, DRUG TRAFFICKING, HUMAN TRAFFICKING,
TERRORISM, AND ILLEGAL ENTRY AND REENTRY; BARS TO READMISSION OF
REMOVED ALIENS
SEC. 401. DANGEROUS HUMAN SMUGGLING, HUMAN TRAFFICKING, AND
HUMAN RIGHTS VIOLATIONS.
(a) Criminal Penalties for Human Smuggling and
Trafficking.--Section 274(a) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (1)(B)--
(A) by redesignating clauses (iii) and (iv) as clauses (vi)
and (vii), respectively;
(B) in clause (vi), as redesignated, by inserting ``for not
less than 10 years and'' before ``not more than 20 years,'';
and
(C) by inserting after clause (ii) the following:
``(iii) in the case of a violation of subparagraph (A)(i),
(ii), (iii), (iv), or (v) that is the third or subsequent
violation committed by such person under this section, shall
be fined under title 18, imprisoned for not less than 5 years
and not more than 25 years, or both;
``(iv) in the case of a violation of subparagraph (A)(i),
(ii), (iii), (iv), or (v) that recklessly, knowingly, or
intentionally results in a victim being involuntarily forced
into labor or prostitution, shall be fined under title 18,
imprisoned for not less than 5 years and not more than 25
years, or both;
``(v) in the case of a violation of subparagraph
(A)(i),(ii),(iii),(iv),or (v) during and in relation to which
any person is subjected to an involuntary sexual act (as
defined in section 2246(2) of title 18), be fined under title
18, imprisoned for not less than 5 years and not more than 25
years, or both;''and
(2) by adding at the end the following:
``(5) Any person who, knowing that a person is an alien in
unlawful transit from one country to another or on the high
seas, transports, moves, harbors, conceals, or shields from
detection such alien outside of the United States when the
alien is seeking to enter the United States without official
permission or legal authority, shall for, each alien in
respect to whom a violation of this paragraph occurs, be
fined under title 18, United States Code, imprisoned not more
than 10 years, or both.''.
(b) Seizure and Forfeiture.--Section 274(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1324(b)(1)) is
amended to read as follows:
``(1) In general.--Any property, real or personal, involved
in or used to facilitate the commission of a violation or
attempted violation of subsection (a), the gross proceeds of
such violation or attempted violation, and any property
traceable to such property or proceeds, shall be seized and
subject to forfeiture.''.
(c) Fraud in Connection With Certain Human Rights
Violations or War Crimes.--
(1) In general.--Chapter 213 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 3302. Fraud in connection with certain human rights
violations or war crimes
``(a) In General.--Unless the indictment is found or the
information is instituted within 10 years after the
commission of the offense, no person shall be prosecuted,
tried, or punished for a violation of any provision of
section 1001, 1015, 1546, or 1621, or for attempt or
conspiracy to violate any of such provisions, when the
violation, attempt, or conspiracy concerns the alleged
offender's--
``(1) participation, at any time, at any place, and
irrespective of the nationality of the alleged offender or
any victim, in a human rights violation or war crime; or
``(2) membership in, service in, or authority over, a
military, paramilitary, or police organization that
participated in such conduct during any part of any period in
which the alleged offender was a member of, served in, or had
authority over, the organization.
``(b) Definitions.--For purposes of this section--
``(1) the term `extrajudicial killing under color of
foreign law' means conduct specified in section
212(a)(3)(E)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(E)(iii));
``(2) the term `female genital mutilation' means conduct
described in section 116;
``(3) the term `genocide' means conduct described in
section 1091(a);
``(4) the term `human rights violation or war crime' means
genocide, incitement to genocide, war crimes, torture, female
genital mutilation, extrajudicial killing under color of
foreign law, persecution, particularly severe violations of
religious freedom by a foreign government official, or the
use or recruitment of child soldiers;
``(5) the term `incitement to genocide' means conduct
described in section 1091(c);
``(6) the term `particularly severe violations of religious
freedom' has the meaning given such term in section 3(13) of
the International Religious Freedom Act of 1998 (22 U.S.C.
6402(13));
``(7) the term `persecution' means conduct described in
section 208(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1158(b)(2)(A)(i));
``(8) the term `torture' means conduct described in
paragraph (1) or (2) of section 2340;
``(9) the term `use or recruitment of child soldiers' means
conduct described in section 2442(a); and
``(10) the term `war crimes' means conduct described in
section 2441.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 213 of title 18, United States Code, is
amended by adding at the end the following:
``3302. Fraud in connection with certain human rights violations or war
crimes.''.
(3) Application.--The amendments made by this subsection
shall apply to any offense committed on or after the date of
the enactment of this Act.
SEC. 402. PUTTING THE BRAKES ON HUMAN SMUGGLING ACT.
(a) Short Title.--This section may be cited as the
``Putting the Brakes on Human Smuggling Act''.
(b) First Violation.--Section 31310(b)(1) of title 49,
United States Code, is amended--
(1) in subparagraph (D), by striking the ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(F) using a commercial motor vehicle in willfully aiding
or abetting an alien's illegal entry into the United States
by transporting, guiding, directing, or attempting to assist
the alien with the alien's entry in violation of section 275
of the Immigration and Nationality Act (8 U.S.C. 1325),
regardless of whether the alien is ultimately fined or
imprisoned for an act in violation of such section; or
``(G) using a commercial motor vehicle in willfully aiding
or abetting the transport of controlled substances, monetary
instruments, bulk cash, or weapons by any individual
departing the United States.''.
(c) Second or Multiple Violations.--Section 31310(c)(1) of
title 49, United States Code, is amended--
(1) in subparagraph (E), by striking the ``or'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (H);
(3) in subparagraph (H), as redesignated, by striking
``(E)'' and inserting ``(F)''; and
(4) by inserting after subparagraph (E) the following:
``(F) using a commercial motor vehicle on more than one
occasion in willfully aiding or abetting an alien's illegal
entry into the United States by transporting, guiding,
directing and attempting to assist the alien with the alien's
entry in violation of section 275 of the Immigration and
Nationality Act (8 U.S.C. 1325), regardless of whether the
alien is ultimately fined or imprisoned for an act in
violation of such section;
``(G) using a commercial motor vehicle in willfully aiding
or abetting the transport of controlled substances, monetary
instruments, bulk cash, or weapons by any individual
departing the United States; or''.
(d) Lifetime Disqualification.--Section 31310(d) of title
49, United States Code, is amended to read as follows:
``(d) Lifetime Disqualification.--The Secretary shall
disqualify from operating a commercial motor vehicle for life
an individual who uses a commercial motor vehicle--
``(1) in committing a felony involving manufacturing,
distributing, or dispensing a controlled substance, or
possession with intent to manufacture, distribute, or
dispense a controlled substance;
``(2) in committing an act for which the individual is
convicted under--
``(A) section 274 of the Immigration and Nationality Act (8
U.S.C. 1324); or
``(B) section 277 of such Act (8 U.S.C. 1327); or
``(3) in willfully aiding or abetting the transport of
controlled substances, monetary instruments, bulk cash, and
weapons by any individual departing the United States.''.
(e) Reporting Requirements.--
(1) Commercial driver's license information system.--
Section 31309(b)(1) of title 49, United States Code, is
amended--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(G) whether the operator was disqualified, either
temporarily or for life, from operating a commercial motor
vehicle under section 31310, including under subsection
(b)(1)(F), (c)(1)(F), or (d) of such section.''.
(2) Notification by the state.--Section 31311(a)(8) of
title 49, United States Code, is amended by inserting
``including such a disqualification, revocation, suspension,
or cancellation made pursuant to a disqualification under
subsection (b)(1)(F), (c)(1)(F), or (d) of section 31310,''
after ``60 days,''.
[[Page S4857]]
SEC. 403. DRUG TRAFFICKING AND CRIMES OF VIOLENCE COMMITTED
BY ILLEGAL ALIENS.
(a) In General.--Title 18, United States Code, is amended
by inserting after chapter 27 the following:
``CHAPTER 28--DRUG TRAFFICKING AND CRIMES OF VIOLENCE COMMITTED BY
ILLEGAL ALIENS
``581. Enhanced penalties for drug trafficking and crimes committed by
illegal aliens.
``Sec. 581. Enhanced penalties for drug trafficking and
crimes committed by illegal aliens
``(a) Offense.--Any alien unlawfully present in the United
States, who commits, conspires to commit, or attempts to
commit a an offense under Federal, State, or Tribal law, that
has, as an element, the use or attempted use of physical
force or the threatened use of physical force or a deadly
weapon or a drug trafficking crime (as defined in section
924) shall be fined under this title imprisoned for not less
than 5 years, or both.
``(b) Enhanced Penalties for Aliens Ordered Removed.--Any
alien unlawfully present in the United States who violates
subsection (a) and was ordered removed under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) on the grounds of
having committed a crime before the violation of subsection
(a), shall be fined under this title, imprisoned for not less
than 15 years, or both.
``(c) Requirement for Consecutive Sentences.--Any term of
imprisonment imposed under this section shall be consecutive
to any term imposed for any other offense.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of part I of title 18, United States Code, is
amended by inserting after the item relating to chapter 27
the following:
``28 . Drug trafficking and crimes of violence committed by illegal
aliens...................................................581''.....
SEC. 404. ESTABLISHING INADMISSIBILITY AND DEPORTABILITY.
(a) Inadmissible Aliens.--Section 212(a)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)) is
amended by adding at the end the following:
``(iii) Consideration of other evidence.--If the conviction
records do not conclusively establish whether a crime
constitutes a crime involving moral turpitude, the Secretary
of Homeland Security may consider other evidence related to
the conviction, including but not limited to charging
documents, plea agreements, plea colloquies, jury
instructions, police reports, that clearly establishes that
the conduct for which the alien was engaged constitutes a
crime involving moral turpitude.''.
(b) Deportable Aliens.--
(1) General crimes.--Section 237(a)(2)(A) of such Act (8
U.S.C. 1227(a)(2)(A)) is amended--
(A) by redesignating clause (vi) as clause (vii) and
inserting after clause (iv) the following:
``(v) Crimes involving moral turpitude.--If the conviction
records do not conclusively establish whether a crime
constitutes a crime involving moral turpitude, the Secretary
of Homeland Security may consider other evidence related to
the conviction, including but not limited to charging
documents, plea agreements, plea colloquies, jury
instructions, police reports, that clearly establishes that
the conduct for which the alien was engaged constitutes a
crime involving moral turpitude.''.
(2) Domestic violence.--Section 237(a)(2)(E) of such Act (8
U.S.C. 1227(a)(2)(E)) is amended by adding at the end the
following:
``(iii) Crime of violence.--If the conviction records do
not conclusively establish whether a crime of domestic
violence constitutes a crime of violence or an offense under
Federal, State, or Tribal law, that has, as an element, the
use or attempted use of physical force or the threatened use
of physical force or a deadly weapon, the Secretary of
Homeland Security may consider other evidence related to the
conviction, including but not limited to charging documents,
plea agreements, plea colloquies, jury instructions, police
reports, that clearly establishes that the conduct for which
the alien was engaged constitutes a crime of violence or an
offense under Federal, State, or Tribal law, that has, as an
element, the use or attempted use of physical force or the
threatened use of physical force or a deadly weapon.''.
(c) 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. 405. PENALTIES FOR ILLEGAL ENTRY; ENHANCED PENALTIES FOR
ENTERING WITH INTENT TO AID, ABET, OR COMMIT
TERRORISM.
(a) In General.--Section 275 of the Immigration and
Nationality Act (8 U.S.C. 1325) is amended by striking the
section heading and subsections (a) and (b) and inserting the
following:
``SEC. 275. ILLEGAL ENTRY.
``(a) In General.--
``(1) Bars to immigration relief and benefits.--Any alien
who--
``(A) enters or crosses, or attempts to enter or cross, the
border into the United States at any time or place other than
as designated by immigration officers;
``(B) eludes, at any time or place, examination or
inspection by an authorized immigration, customs, or
agriculture officer (including failing to stop at the command
of such officer); or
``(C) enters or crosses the border to the United States
and, upon examination or inspection, makes a false or
misleading representation or conceals a material fact,
including such representation or willful concealment in the
context of arrival, reporting, entry, or clearance,
requirements of the customs laws, immigration laws,
agriculture laws, or shipping laws,
shall be ineligible for all immigration benefits or relief
available under the Act and any other immigration laws, other
than a request for asylum, withholding of removal under
section 241(b)(3), or relief from removal based on a claim
under the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, done at New York,
December 10, 1984.
``(2) Criminal offenses.--An alien shall be subject to the
penalties set forth in paragraph (3) if the alien--
``(A) enters or crosses, or attempts to enter or cross, the
border into the United States at any time or place other than
as designated by immigration officers;
``(B) eludes, at any time or place, examination or
inspection by an authorized immigration, customs, or
agriculture officer (including failing to stop at the command
of such officer); or
``(C) enters or crosses the border to the United States
and, upon examination or inspection, makes a false or
misleading representation or conceals a material fact,
including such representation or concealment in the context
of arrival, reporting, entry, or clearance, requirements of
the customs laws, immigration laws, agriculture laws, or
shipping laws.
``(3) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined under title
18, United States Code, imprisoned not more than 6 months, or
both;
``(B) shall, for a second or subsequent violation, or
following an order of voluntary departure, be fined under
such title, imprisoned not more than 2 years, or both;
``(C) if the violation occurred after the alien had been
convicted of 3 or more misdemeanors at least 1 of which
involves controlled substances, abuse of a minor, trafficking
or smuggling, or any offense that could result in serious
bodily harm or injury to another person, a significant
misdemeanor, or a felony, shall be fined under such title,
imprisoned not more than 10 years, or both;
``(D) if the violation occurred after the alien had been
convicted of a felony for which the alien received a term of
imprisonment of not less than 30 months, shall be fined under
such title, imprisoned not more than 15 years, or both; and
``(E) if the violation occurred after the alien had been
convicted of a felony for which the alien received a term of
imprisonment of not less than 60 months, such alien shall be
fined under such title, imprisoned not more than 20 years, or
both.
``(4) Prior convictions.--The prior convictions described
in subparagraphs (C) through (E) of paragraph (3) are
elements of the offenses described in that paragraph and the
penalties in such subparagraphs shall apply only in cases in
which the conviction or convictions that form the basis for
the additional penalty are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial; or
``(C) admitted by the defendant.
``(5) Duration of offenses.--An offense under this
subsection continues until the alien is discovered within the
United States by an immigration, customs, or agriculture
officer.
``(6) Attempt.--Whoever attempts to commit any offense
under this section shall be punished in the same manner as
for a completion of such offense.
``(b) Improper Time or Place; Civil Penalties.--
``(1) In general.--Any alien who is apprehended while
entering, attempting to enter, or crossing or attempting to
cross the border to the United States at a time or place
other than as designated by immigration officers shall be
subject to a civil penalty, in addition to any criminal or
other civil penalties that may be imposed under any other
provision of law, in an amount equal to--
``(A) not less than $50 or more than $250 for each such
entry, crossing, attempted entry, or attempted crossing; or
``(B) twice the amount specified in paragraph (1) if the
alien had previously been subject to a civil penalty under
this subsection.
``(2) Civil penalties.--Civil penalties under paragraph (1)
are in addition to, and not in lieu of, any criminal or other
civil penalties that may be imposed.''.
(b) Enhanced Penalties.--Section 275 of the Immigration and
Nationality Act, as amended by subsection (a), is further
amended by adding at the end the following:
``(e) Enhanced Penalty for Terrorist Aliens.--Any alien who
commits an offense described in subsection (a) for the
purpose of engaging in, or with the intent to engage in, any
Federal crime of terrorism (as defined in section 2332b(g) of
title 18, United States Code) shall be imprisoned for not
less than 10 years and not more than 30 years.''.
(c) Clerical Amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
[[Page S4858]]
striking the item relating to section 275 and inserting the
following:
``Sec. 275. Illegal entry.''.
(d) Application.--
(1) Prior convictions.--Paragraph (4) of section 275(a) of
the Immigration and Nationality Act, as amended by subsection
(a), shall apply only to violations of paragraph (2) of such
section 275(a) committed on or after the date of enactment of
this Act.
(2) Bars to immigration relief and benefits.--Section
275(a)(1) of such Act, as amended by subsection (a), shall
take effect on the date of enactment and apply to any alien
who, on or after the date of enactment--
(A) enters or crosses, or attempts to enter or cross, the
border into the United States at any time or place other than
as designated by immigration officers;
(B) eludes, at any time or place, examination or inspection
by an authorized immigration, customs, or agriculture officer
(including failing to stop at the command of such officer);
or
(C) enters or crosses the border to the United States and,
upon examination or inspection, makes a false or misleading
representation or conceals a material fact, including such
representation or concealment in the context of arrival,
reporting, entry, or clearance, requirements of the customs
laws, immigration laws, agriculture laws, or shipping laws.
SEC. 406. PENALTIES FOR REENTRY OF REMOVED ALIENS.
(a) Short Titles.--This section may be cited as the ``Stop
Illegal Reentry Act'' or ``Kate's Law''.
(b) Increased Penalties for Reentry of Removed Alien.--
(1) In general.--Section 276 of the Immigration and
Nationality Act (8 U.S.C. 1326) is amended to read as
follows:
``SEC. 276. REENTRY OF REMOVED ALIEN.
``(a) In General.--
``(1) Bars to immigration relief and benefits.--Any alien
who--
``(A) has been denied admission, excluded, deported, or
removed or has departed the United States while an order of
exclusion, deportation, or removal is outstanding; and
thereafter
``(B) enters, attempts to enter, crosses the border to,
attempts to cross the border to, or is at any time found in,
the United States, unless--
``(i) the alien is seeking admission more than 10 years
after the date of the alien's last departure from the United
States if, prior to the alien's reembarkation at a place
outside the United States or the alien's application for
admission from a foreign contiguous territory, the Secretary
of Homeland Security has expressly consented to such alien's
reapplying for admission; or
``(ii) with respect to an alien previously denied admission
and removed, such alien establishes that the alien was not
required to obtain such advance consent under this Act or any
prior Act,
shall be ineligible for all immigration benefits or relief
available under the Act and any other immigration laws, other
than relief from removal based on a claim under the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York, December
10, 1984.
``(2) Criminal offenses.--Any alien who--
``(A) has been denied admission, deported, or removed or
has departed the United States while an order of deportation,
or removal is outstanding; and
``(B) after such denial, removal or departure, enters,
attempts to enter, crosses the border to, attempts to cross
the border to, or is at any time found in, the United States,
unless--
``(i) the alien is seeking admission more than 10 years
after the date of the alien's last departure from the United
States if, prior to the alien's reembarkation at a place
outside the United States or the alien's application for
admission from a foreign contiguous territory, the Secretary
of Homeland Security has expressly consented to such alien's
reapplying for admission; or
``(ii) with respect to an alien previously denied admission
and removed, such alien establishes that the alien was not
required to obtain such advance consent under this Act or any
prior Act,
``shall be fined under title 18, United States Code, or
imprisoned not more than 5 years, or both.
``(b) Criminal Penalties for Reentry of Certain Removed
Aliens.--
``(1) Reentry after removal.--Notwithstanding the penalty
under subsection (a)(2), and except as provided in subsection
(c), an alien described in subsection (a)--
``(A) who has been excluded from the United States pursuant
to section 235(c) because the alien was excludable under
section 212(a)(3)(B) or who has been removed from the United
States pursuant to the provisions of title V, and who
thereafter, without the permission of the Secretary of
Homeland Security, enters the United States, or attempts to
do so, shall be fined under title 18, United States Code, and
imprisoned for a period of 15 years, which sentence shall not
run concurrently with any other sentence;
``(B) who was removed from the United States pursuant to
section 241(a)(4) and thereafter, without the permission of
the Secretary of Homeland Security, enters, attempts to
enter, or is at any time found in, the United States (unless
the Secretary of Homeland Security has expressly consented to
such alien's reentry) shall be fined under title 18, United
States Code, imprisoned for not more than 15 years, or both;
and
``(C) who has been denied admission, excluded, deported, or
removed 2 or more times for any reason and thereafter enters,
attempts to enter, crosses the border, attempts to cross the
border, or is at any time found in the United States, shall
be fined under title 18, United States Code, imprisoned not
more than 15 years, or both.
``(2) Reentry of criminal aliens after removal.--
Notwithstanding the penalty under subsection (a), an alien
described in subsection (a)--
``(A) who was convicted, before the alien was subject to
removal or departure, of a significant misdemeanor shall be
fined under title 18, United States Code, imprisoned not more
than 10 years, or both;
``(B) who was convicted, before the alien was subject to
removal or departure, of 2 or more misdemeanors involving
drugs, crimes against the person, or both, shall be fined
under title 18, United States Code, imprisoned not more than
10 years, or both;
``(C) who was convicted, before the alien was subject to
removal or departure, of 3 or more misdemeanors for which the
alien was sentenced to a term of imprisonment of not less
than 90 days for each offense, or 12 months in the aggregate,
the alien shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both;
``(D) who was convicted, before the alien was subject to
removal or departure, of a felony for which the alien was
sentenced to a term of imprisonment of not less than 30
months, the alien shall be fined under such title, imprisoned
not more than 15 years, or both;
``(E) who was convicted, before the alien was subject to
removal or departure, of a felony for which the alien was
sentenced to a term of imprisonment of not less than 60
months, the alien shall be fined under such title, imprisoned
not more than 20 years, or both;
``(F) who was convicted of 3 or more felonies of any kind,
the alien shall be fined under such title, imprisoned not
more than 25 years, or both; and
``(G) who was convicted, before the alien was subject to
removal or departure or after such removal or departure, for
murder, rape, kidnapping, or a felony offense described in
chapter 77 (relating to peonage and slavery) or 113B
(relating to terrorism) of such title, the alien shall be
fined under such title, imprisoned not more than 25 years, or
both;
``(c) Mandatory Minimum Criminal Penalty for Reentry of
Certain Removed Aliens.--Notwithstanding the penalties under
subsections (a) and (b), an alien described in subsection
(a)--
``(1) who was convicted, before the alien was subject to
removal or departure, of an aggravated felony; or
``(2) who was convicted at least 2 times before such
removal or departure of illegal reentry under this section,
shall be imprisoned not less than 5 years and not more than
20 years, and may, in addition, be fined under title 18,
United States Code.
``(d) Proof of Prior Convictions.--The prior convictions
described in subsection (b) are elements of the crimes
described, and the penalties in that subsection shall apply
only in cases in which the conviction or convictions that
form the basis for the additional penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial; or
``(3) admitted by the defendant.
``(e) Affirmative Defenses.--It shall be an affirmative
defense to a violation of this section that--
``(1) prior to the alleged violation, the alien had sought
and received the express consent of the Secretary of Homeland
Security to reapply for admission into the United States; or
``(2) with respect to an alien previously denied admission
and removed, the alien--
``(A) was not required to obtain such advance consent under
the Immigration and Nationality Act or any prior Act; and
``(B) had complied with all other laws and regulations
governing the alien's admission into the United States.
``(f) Limitation on Collateral Attack on Underlying Removal
Order.--In a criminal proceeding under this section, an alien
may not challenge the validity of a removal order described
in subsection (a), (b), or (c) concerning the alien unless
the alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the deportation proceedings at which the order was
issued improperly deprived the alien of the opportunity for
judicial review; and
``(3) the entry of the order was fundamentally unfair.
``(g) Reentry of Alien Removed Prior to Completion of Term
of Imprisonment.--Any alien removed pursuant to section
241(a)(4) who enters, attempts to enter, crosses the border
to, attempts to cross the border to, or is at any time found
in, the United States shall be incarcerated for the remainder
of the sentence of imprisonment which was pending at the time
of deportation without any reduction for parole or supervised
release unless the alien affirmatively demonstrates that the
Secretary of Homeland Security has expressly consented to the
[[Page S4859]]
alien's reentry (if a request for consent to reapply is
authorized under this section). Such alien shall be subject
to such other penalties relating to the reentry of removed
aliens as may be available under this section or any other
provision of law.
``(h) Definitions.--In this section:
``(1) Crosses the border to the united states.--The term
`crosses the border' refers to the physical act of crossing
the border, regardless of whether the alien is free from
official restraint.
``(2) Felony.--The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year
under the laws of the United States, any State, or a foreign
government.
``(3) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(4) Removal.--The term `removal' includes any denial of
admission, deportation, or removal, or any agreement by which
an alien stipulates or agrees to deportation, or removal.
``(5) Significant misdemeanor.--The term `significant
misdemeanor' means a misdemeanor--
``(A) crime that involves the use or attempted use of
physical force, or threatened use of a deadly weapon,
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;
``(B) which is a sexual assault (as such term is defined in
section 40002(a)(29) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13925(a)(29));
``(C) which involved the unlawful possession of a firearm
(as such term is defined in section 921 of title 18, United
States Code);
``(D) which is a crime of violence (as defined in section
16 of title 18, United States Code); or
``(E) which is an offense under Federal, State, or Tribal
law, that has, as an element, the use or attempted use of
physical force or the threatened use of physical force or a
deadly weapon.
``(6) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(c) Effective Date.--Section 276(a)(1), as amended by this
section, shall take effect on the date of the enactment of
this Act and shall apply to any alien who, on or after the
date of enactment--
(1) has been denied admission, excluded, deported, or
removed or has departed the United States while an order of
exclusion, deportation, or removal is outstanding; and
(2) after such denial, exclusion, deportation or removal,
enters, attempts to enter, crosses the border to, attempts to
cross the border to, or is at any time found in, the United
States, unless--
(A) the alien is seeking admission more than 10 years after
the date of the alien's last departure from the United States
if, prior to the alien's reembarkation at a place outside the
United States or the alien's application for admission from a
foreign contiguous territory, the Secretary of Homeland
Security has expressly consented to such alien's reapplying
for admission; or
(B) with respect to an alien previously denied admission
and removed, such alien establishes that the alien was not
required to obtain such advance consent under this Act or any
prior Act.
SEC. 407. LAUNDERING OF MONETARY INSTRUMENTS.
Section 1956(c)(7)(D) of title 18, United States Code, is
amended by inserting ``section 1590 (relating to trafficking
with respect to peonage, slavery, involuntary servitude, or
forced labor),'' after ``section 1363 (relating to
destruction of property within the special maritime and
territorial jurisdiction),''.
SEC. 408. FREEZING BANK ACCOUNTS OF INTERNATIONAL CRIMINAL
ORGANIZATIONS AND MONEY LAUNDERERS.
Section 981(b) of title 18, United States Code, is amended
by adding at the end the following:
``(5)(A) If a person is arrested or charged in connection
with an offense described in subparagraph (C) involving the
movement of funds into or out of the United States, the
Attorney General may apply to any Federal judge or magistrate
judge in the district in which the arrest is made or where
the charges are filed for an ex parte order restraining any
account held by the person arrested or charged for not more
than 30 days, except that such 30-day time period may be
extended for good cause shown at a hearing conducted in the
manner provided in rule 43(e) of the Federal Rules of Civil
Procedure. The court may receive and consider evidence and
information submitted by the Government that would be
inadmissible under the Federal Rules of Evidence.
``(B) The application for a restraining order under
subparagraph (A) shall--
``(i) identify the offense for which the person has been
arrested or charged;
``(ii) identify the location and description of the
accounts to be restrained; and
``(iii) state that the restraining order is needed to
prevent the removal of the funds in the account by the person
arrested or charged, or by others associated with such
person, during the time needed by the Government to conduct
such investigation as may be necessary to establish whether
there is probable cause to believe that the funds in the
accounts are subject to forfeiture in connection with the
commission of any criminal offense.
``(C) An offense described in this subparagraph is any
offense for which forfeiture is authorized under this title,
title 31, or the Controlled Substances Act (21 U.S.C. 801 et
seq.).
``(D) For purposes of this section--
``(i) the term `account' includes any safe deposit box and
any account (as defined in paragraphs (1) and (2) of section
5318A(e) of title 31, United States Code) at any financial
institution; and
``(ii) the term `account held by the person arrested or
charged' includes an account held in the name of such person,
and any account over which such person has effective control
as a signatory or otherwise.
``(E) A restraining order issued under this paragraph shall
not be considered a `seizure' for purposes of section 983(a).
``(F) A restraining order issued under this paragraph may
be executed in any district in which the subject account is
found, or transmitted to the central authority of any foreign
State for service in accordance with any treaty or other
international agreement.''.
SEC. 409. CRIMINAL PROCEEDS LAUNDERED THROUGH PREPAID ACCESS
DEVICES, DIGITAL CURRENCIES, OR OTHER SIMILAR
INSTRUMENTS.
(a) In General.--
(1) Definitions.--
(A) Addition of issuers, redeemers, and cashiers of prepaid
access devices and digital currencies to the definition of
financial institutions.--Section 5312(a)(2)(K) of title 31,
United States Code, is amended by striking ``or similar'' and
inserting ``prepaid access devices, digital currencies, or
other similar''.
(B) Addition of prepaid access devices to the definition of
monetary instruments.--Section 5312(a)(3)(B) of such title is
amended by inserting ``prepaid access devices,'' after
``delivery,''.
(C) Definition of prepaid access device.--Section 5312 of
such title is amended--
(i) by redesignating paragraph (6) as paragraph (7); and
(ii) by inserting after paragraph (5) the following:
``(6) `prepaid access device' means an electronic device or
vehicle, such as a card, plate, code, number, electronic
serial number, mobile identification number, personal
identification number, or other instrument that provides a
portal to funds or the value of funds that have been paid in
advance and can be retrievable and transferable at some point
in the future.''.
(2) Government accountability office report.--Not later
than 18 months after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to
Congress a report describing--
(A) the impact of amendments made by paragraph (1) on law
enforcement, the prepaid access device industry, and
consumers; and
(B) the implementation and enforcement by the Department of
the Treasury of the final rule relating to ``Bank Secrecy Act
Regulations--Definitions and Other Regulations Relating to
Prepaid Access'' (76 Fed. Reg. 45403 (July 29, 2011)).
(b) Money Smuggling Through Blank Checks in Bearer Form.--
Section 5316 of title 31, United States Code, is amended by
adding at the end the following:
``(e) Monetary Instruments With Amount Left Blank.--For
purposes of this section, a monetary instrument in bearer
form that has the amount left blank, such that the amount
could be filled in by the bearer, shall be considered to have
a value of more than $10,000 if the monetary instrument was
drawn on an account that contained or was intended to contain
more than $10,000 at the time the monetary instrument was--
``(1) transported; or
``(2) negotiated.''.
SEC. 410. CLOSING THE LOOPHOLE ON DRUG CARTEL ASSOCIATES
ENGAGED IN MONEY LAUNDERING.
(a) Intent to Conceal or Disguise.--Section 1956(a) of
title 18, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``(B) knowing that''
and all that follows through ``Federal law,'' and inserting
the following:
``(B) knowing that the transaction--
``(i) conceals or disguises, or is intended to conceal or
disguise, the nature, source, location, ownership, or control
of the proceeds of some form of unlawful activity; or
``(ii) avoids, or is intended to avoid, a transaction
reporting requirement under State or Federal law,''; and
(2) in paragraph (2)(B), by striking ``(B) knowing that''
and all that follows through ``Federal law,'' and inserting
the following:
``(B) knowing that the monetary instrument or funds
involved in the transportation, transmission, or transfer
represent the proceeds of some form of unlawful activity, and
knowing that such transportation, transmission, or transfer--
``(i) conceals or disguises, or is intended to conceal or
disguise, the nature, source, location, ownership, or control
of the proceeds of some form of unlawful activity; or
``(ii) avoids, or is intended to avoid, a transaction
reporting requirement under State or Federal law,''.
[[Page S4860]]
(b) Proceeds of a Felony.--Section 1956(c)(1) of such title
is amended by inserting ``, and regardless of whether or not
the person knew that the activity constituted a felony''
before the semicolon at the end.
TITLE V--PROTECTING NATIONAL SECURITY AND PUBLIC SAFETY
Subtitle A--General Matters
SEC. 501. DEFINITION OF ENGAGING IN TERRORIST ACTIVITY.
Subclause (I) of section 212(a)(3)(B)(iv) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv))
is amended--
(1) by revising subclause (I) to read as follows:
``(I) to commit a terrorist activity or, under
circumstances indicating an intention to cause death, serious
bodily harm, or substantial damage to property, incite to
commit a terrorist activity;''; and
(2)(A) by adding at the end the following:
``(VI) to threaten, attempt, or conspire to do any of acts
described in subclauses (I) through (VI).''.
SEC. 502. TERRORIST GROUNDS OF INADMISSIBILITY.
(a) Security and Related Grounds.--Section 212(a)(3)(A) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A))
is amended to read as follows:
``(A) In general.--Any alien who a consular officer, the
Attorney General, or the Secretary of Homeland Security
knows, or has reasonable ground to believe, seeks to enter
the United States to engage solely, principally, or
incidentally, in, or who is engaged in, or with respect to
clauses (i) and (iii) has engaged in--
``(i) any activity--
``(I) to violate any law of the United States relating to
espionage or sabotage; or
``(II) to violate or evade any law prohibiting the export
from the United States of goods, technology, or sensitive
information,
``(ii) any other activity which would be unlawful if
committed in the United States, or
``(iii) any activity a purpose of which is the opposition
to, or the control or overthrow of, the Government of the
United States by force, violence, or other unlawful means,
is inadmissible.''.
(b) Terrorist Activities.--Section 212(a)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i))
is amended--
(1) in subclause (IV), by inserting ``or has been'' before
``a representative'';
(2) in subclause (V), by inserting ``or has been'' before
``a member'';
(3) in subclause (VI), by inserting ``or has been'' before
``a member''; and
(4) by amending subclause (VII) to read as follows:
``(VII) endorses or espouses, or has endorsed or espoused,
terrorist activity or persuades or has persuaded others to
endorse or espouse terrorist activity or support a terrorist
organization;'';
(5) by amending subclause (IX) to read as follows:
``(IX)(aa) is the spouse or child of an alien who is
inadmissible under this subparagraph, if the activity causing
the alien to be found inadmissible occurred within the last 5
years.
``(bb) Exception.--This subclause does not apply to a
spouse or child--
``(AA) who did not know or should not reasonably have known
of the activity causing the alien to be found inadmissible
under this section; or
``(BB) whom the consular officer or Attorney General has
reasonable grounds to believe has renounced the activity
causing the alien to be found inadmissible under this
section.''; and
(6) by striking the undesignated matter following subclause
(IX).
(c) Palestine Liberation Organization.--Section
212(a)(3)(B)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(i)), is amended to read as follows:
``(ii) Palestine liberation organization.--An alien who is
an officer, official, representative, or spokesman of the
Palestine Liberation Organization is considered, for purposes
of this Act, to be engaged in terrorist activity.''.
SEC. 503. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON
CRIMINAL OR SECURITY GROUNDS.
(a) In General.--Section 238 of the Immigration and
Nationality Act (8 U.S.C. 1228) is amended--
(1) by adding at the end of the section heading the
following: ``or who are subject to terrorism-related grounds
for removal'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security, in the exercise of
discretion,''; and
(ii) by striking ``set forth in this subsection or'' and
inserting ``set forth in this subsection, in lieu of removal
proceedings under'';
(B) in paragraphs (3) and (4), by striking ``Attorney
General'' each place the term appears and inserting
``Secretary of Homeland Security'';
(C) in paragraph (5)--
(i) by striking ``described in this section'' and inserting
``described in paragraph (1) or (2)''; and
(ii) by striking ``the Attorney General may grant in the
Attorney General's discretion.'' and inserting ``the
Secretary of Homeland Security or the Attorney General may
grant, in the discretion of the Secretary or the Attorney
General, in any proceeding.'';
(D) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6) respectively; and
(E) by inserting after paragraph (2) the following:
``(3) The Secretary of Homeland Security, in the exercise
of discretion, may determine inadmissibility under section
212(a)(2) and issue an order of removal pursuant to the
procedures set forth in this subsection, in lieu of removal
proceedings under section 240, with respect to an alien who--
``(A) has not been admitted or paroled;
``(B) has not been found to have a credible fear of
persecution pursuant to the procedures set forth in
235(b)(1)(B); and
``(C) is not eligible for a waiver of inadmissibility or
relief from removal.''; and
(3) by redesignating the first subsection (c) as subsection
(d);
(4) by redesignating the second subsection (c) (as so
designated by section 617(b)(13) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C
of Public Law 104-208; 110 Stat. 3009-720)) as subsection
(e); and
(5) by inserting after subsection (b) the following:
``(c) Removal of Aliens Who Are Subject to Terrorism-
related Grounds for Removal.--
``(1) The Secretary of Homeland Security--
``(A) shall, notwithstanding section 240, in the case of
every alien, determine the inadmissibility of the alien under
subclause (I), (II), or (III) of section 212(a)(3)(B)(i), or
the deportability of the alien under section 237(a)(4)(B) as
a consequence of being described in one of such subclauses,
and issue an order of removal pursuant to the procedures set
forth in this subsection to every alien determined to be
inadmissible or deportable on such a ground; and
``(B) may, in the case of any alien, determine the
inadmissibility of the alien under subparagraph (A) or (B) of
section 212(a)(3) (other than subclauses (I), (II), and (III)
of section 212(a)(3)(B)), or the deportability of the alien
under subparagraph (A) or (B) of section 237(a)(4) (as a
consequence of being described in subclause (I), (II), or
(III) of section 212(a)(3)(B)), and issue an order of removal
pursuant to the procedures set forth in this subsection or
section 240 to every alien determined to be inadmissible or
deportable on such a ground.
``(2) The Secretary of Homeland Security may not execute
any order described in paragraph (1) until 30 calendar days
have passed from the date that such order was issued, unless
waived by the alien, in order that the alien has an
opportunity to apply [petition] for judicial review under
section 242.
``(3) Proceedings before the Secretary of Homeland Security
under this subsection shall be in accordance with such
regulations as the Secretary shall prescribe. The Secretary
shall provide that--
``(A) the alien is given reasonable notice of the charges
and of the opportunity described in subparagraph (C);
``(B) the alien shall have the privilege of being
represented (at no expense to the Government) by such
counsel, authorized to practice in such proceedings, as the
alien shall choose;
``(C) the alien has a reasonable opportunity to inspect the
evidence and rebut the charges;
``(D) a determination is made on the record that the
individual upon whom the notice for the proceeding under this
section is served (either in person or by mail) is, in fact,
the alien named in such notice;
``(E) a record is maintained for judicial review; and
``(F) the final order of removal is not adjudicated by the
same person who issues the charges.
``(4) No alien described in this subsection shall be
eligible for any relief from removal that the Secretary of
Homeland Security may grant in the Secretary's discretion.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by striking the item relating to section 238 and
inserting the following:
``Sec. 238. Expedited removal of aliens convicted of aggravated
felonies or who are subject to terrorism-related grounds
for removal.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
but shall not apply to aliens who are in removal proceedings
under section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a) on such date.
SEC. 504. DETENTION OF REMOVABLE ALIENS.
(a) Criminal Alien Enforcement Partnerships.--Section 287
of the Immigration and Nationality Act (8 U.S.C. 1357), as
amended by section 116 and this section, is further amended
by--
(1) by redesignating subsection (h) as subsection (j); and
(2) adding new paragraph (h) to read as follows:
``(h) Criminal Alien Enforcement Partnerships.--
``(1) In general.--The Secretary of Homeland Security may
enter into a written agreement with a State, or any political
subdivision of such a State, to authorize the temporary
placement of one or more U.S. Customs and Border Protection
agents or officers or U.S. Immigration and Customs
Enforcement agents or investigators at a local police
department or precinct to--
[[Page S4861]]
``(A) determine the immigration status of any individual
arrested by a State, county, or local police, enforcement, or
peace officer for any criminal offense;
``(B) issue charging documents and notices related to the
initiation of removal proceedings or reinstatement of prior
removal orders under section 241(a)(5);
``(C) enter information directly into the National Crime
Information Center (NCIC) database, Immigration Violator
File, to include--
``(i) the alien's address,
``(ii) the reason for arrest,
``(iii) the legal cite of the State law violated or for
which the alien is charged,
``(iv) the alien's driver's license number and State of
issuance (if any),
``(v) any other identification document(s) held by the
alien and issuing entity for such identification documents,
and
``(vi) any identifying marks, such as tattoos, birthmarks,
scars, etc.;''.
``(D) to collect the alien's biometrics, including but not
limited to iris, fingerprint, photographs, and signature, of
the alien and to enter such information into the Automated
Biometric Identification System (IDENT) and any other DHS
database authorized for storage of biometric information for
aliens; and''.
``(E) make advance arrangements for the immediate transfer
from State to Federal custody of any criminal when the alien
is released, without regard to whether the alien is released
on parole, supervised release, or probation, and without
regard to whether alien may be arrested imprisoned again for
the same offense.
``(2) Length of temporary duty assignments.--The initial
period for a temporary duty assignment authorized under this
paragraph shall be 1 year. The temporary duty assignment may
be extended for additional periods of time as agreed to by
the Secretary of Homeland Security and the State or political
subdivision of the State to ensure continuity of cooperation
and coverage.
``(3) Technology usage.--The Secretary shall provide CBP
and ICE agents, officers, and investigators on a temporary
duty assignment under this paragraph mobile access to Federal
databases containing alien information, live scan technology
for collection of biometrics, and video-conferencing
capability for use at local police departments or precincts
in remote locations.
``(4) Report.--Not later than 1 year after the date of the
enactment, the Secretary of Homeland Security shall submit a
report to the Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on the Judiciary and the Committee on Homeland
Security of the House of Representatives on--
``(A) the number of States that have entered into an
agreement under this paragraph;
``(B) the number of criminal aliens processed by the U.S.
Customs and Border Protection agent or officer or U.S.
Immigration and Customs Enforcement agent or investigator
during the temporary duty assignment; and
``(C) the number of criminal aliens transferred from State
to Federal custody during the agreement period.''.
(b) Detention, Release, and Removal of Aliens Ordered
Removed.--
(1) Removal period.--
(A) In general.--Subparagraph (A) of section 241(a)(1) of
the Immigration and Nationality Act (8 U.S.C. 1231(a)(1)(A))
is amended by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''.
(B) Beginning of period.--Subparagraph (B) of section
241(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1231(a)(1)(B)) is amended to read as follows:
``(B) Beginning of period.--
``(i) In general.--Subject to clause (ii), the removal
period begins on the date that is the latest of the
following:
``(I) If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of the removal of the alien,
the date the stay of removal ends;
``(II) If the alien is ordered removed, the date the
removal order becomes administratively final and the
Secretary takes the alien into custody for removal;
``(III) If the alien is detained or confined (except under
an immigration process), the date the alien is released from
detention or confinement.
``(ii) Beginning of removal period following a transfer of
custody.--If the Secretary transfers custody of the alien
pursuant to law to another Federal agency or to an agency of
a State or local government in connection with the official
duties of such agency, the removal period for the alien--
``(I) shall be tolled; and
``(II) shall resume on the date the alien is returned to
the custody of the Secretary.''.
(C) Suspension of period.--Subparagraph (C) of section
241(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1231(a)(1)(C)) is amended to read as follows:
``(C) Suspension of period.--The removal period shall be
extended beyond a period of 90 days and the alien may remain
in detention during such extended period if the alien--
``(i) fails or refuses to make all reasonable efforts to
comply with the order of removal or to fully cooperate with
the efforts of the Secretary of Homeland Security to
establish the alien's identity and carry out the order of
removal, including making timely application in good faith
for travel or other documents necessary to the alien's
departure; or
``(ii) conspires or acts to prevent the alien's removal
subject to an order of removal.''.
(2) Detention.--Paragraph (2) of section 241(a) of the
Immigration and Nationality Act (8 U.S.C. 1231(a)(2)) is
amended--
(A) by inserting ``(A)'' before ``During'';
(B) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(C) by adding at the end the following:
``(B) During a pendency of a stay.--If a court, the Board
of Immigration Appeals, or an immigration judge orders a stay
of removal of an alien who is subject to an order of removal,
the Secretary of Homeland Security, in the Secretary's sole
and unreviewable exercise of discretion, and notwithstanding
any provision of law including 28 U.S.C. 2241, may detain the
alien during the pendency of such stay of removal.''.
(3) Suspension after 90-day period.--Paragraph (3) of
section 241(a) of the Immigration and Nationality Act (8
U.S.C. 1231(a)(3)) is amended--
(A) in the matter preceding subparagraph (A), by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security'';
(B) in subparagraph (C), by striking ``Attorney General''
and inserting ``Secretary''; and
(C) by amending subparagraph (D) to read as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities, or to perform affirmative acts, 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.''.
(4) Aliens imprisoned, arrested, or on parole, supervised
release, or probation.--Paragraph (4) of section 241(a) of
the Immigration and Nationality Act (8 U.S.C. 1231(a)(4)) is
amended--
(A) in subparagraph (A), by striking ``Attorney General''
and inserting ``Secretary of Homeland Security''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security'';
(I) in clause (i), by striking ``if the Attorney General''
and inserting ``if the Secretary''; and
(II) in clause (ii)(III), by striking ``Attorney General''
and inserting ``Secretary''.
(5) Reinstatement of removal orders against aliens
illegally reentering.--
(A) Paragraph (5) of section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as
follows:
``(5) Reinstatement of removal orders against aliens
illegally reentering.--If the Secretary of Homeland Security
finds that an alien has entered the United States illegally
after having been removed, deported, or excluded or having
departed voluntarily, under an order of removal, deportation,
or exclusion, regardless of the date of the original order or
the date of the illegal entry--
``(A) the order of removal, deportation, or exclusion is
reinstated from its original date and is not subject to being
reopened or reviewed notwithstanding section 242(a)(2)(D);
``(B) the alien is not eligible and may not apply for any
relief under this Act, regardless of the date that an
application or request for such relief may have been filed or
made; and
``(C) the alien shall be removed under the order of
removal, deportation, or exclusion at any time after the
illegal entry. .
``Reinstatement under this paragraph shall not require
proceedings under section 240 or other proceedings before an
immigration judge.''''.
(B) Judicial review.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended by adding at the
end the following:
``(h) Judicial Review of Decision to Reinstate Removal
Order Under Section 241(a)(5).--
``(1) Review of decision to reinstate removal order.--
Judicial review of determinations under section 241(a)(5) is
available in an action under subsection (a).
``(2) No review of original order.--Notwithstanding any
other provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, any other
habeas corpus provision, or sections 1361 and 1651 of such
title, no court shall have jurisdiction to review any cause
or claim, arising from, or relating to, any challenge to the
original order.''.
(C) Effective date.--The amendments made by subparagraphs
(A) and (B) shall take effect as if enacted on April 1, 1997,
and shall apply to all orders reinstated or after that date
by the Secretary of Homeland Security (or by the Attorney
General prior to March 1, 2003), regardless of the date of
the original order.
(6) Inadmissible or criminal aliens.--Paragraph (6) of
section 241(a) of the Immigration and Nationality Act (8
U.S.C. 1231(a)(6)) is amended--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by striking ``removal period and, if released,'' and
inserting ``removal period, in the discretion of the
Secretary, without any limitations other than those specified
in this section, until the alien is removed.''.
(7) Parole; additional rules; judicial review.--Section
241(a) of the Immigration and
[[Page S4862]]
Nationality Act (8 U.S.C. 1231(a)) is amended--
(A) in paragraph (7), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(B) by redesignating paragraph (7) as paragraph (14); and
(C) by inserting after paragraph (6) the following:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary of Homeland
Security, in the Secretary's discretion, may parole the alien
under section 212(d)(5) and may provide, notwithstanding
section 212(d)(5), that the alien shall not be returned to
custody unless either the alien violates the conditions of
such parole or the alien's removal becomes reasonably
foreseeable, provided that in no circumstance shall such
alien be considered admitted.
``(8) Additional rules for detention or release of certain
aliens who were previously admitted to the united states.--
``(A) Application.--The procedures set out under this
paragraph--
``(i) apply only to an alien who were previously admitted
to the United States; and
``(ii) do not apply to any other alien, including an alien
detained pursuant to paragraph (6).
``(B) Establishment of a detention review process for
aliens who fully cooperate with removal.--
``(i) Requirement to establish.--For an alien who has made
all reasonable efforts to comply with a removal order and to
cooperate fully with the efforts of the Secretary of Homeland
Security 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 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.
``(ii) Determinations.--The Secretary shall--
``(I) make a determination whether to release an alien
described in clause (i) after the end of the alien's removal
period; and
``(II) in making a determination under subclause (I),
consider any evidence submitted by the alien, and may
consider any other evidence, including any information or
assistance provided by the Department of State or other
Federal agency and any other information available to the
Secretary pertaining to the ability to remove the alien.
``(9) Authority to detain beyond the removal period.--
``(A) In general.--The Secretary of Homeland Security, in
the exercise of discretion, without any limitations other
than those specified in this section, may continue to detain
an alien for 90 days beyond the removal period (including any
extension of the removal period as provided in subsection
(a)(1)(C)).
``(B) Length of detention.--The Secretary, in the exercise
of discretion, without any limitations other than those
specified in this section, may continue to detain an alien
beyond the 90 days authorized in subparagraph (A)--
``(i) until the alien is removed, if the Secretary
determines that--
``(I) there is a significant likelihood that the alien will
be removed in the reasonably foreseeable future;
``(II) the alien 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 conspiracies or acts
to prevent removal;
``(III) the government of the foreign country of which the
alien is a citizen, subject, national, or resident is denying
or unreasonably delaying accepting the return of such alien
after the Secretary asks whether the government will accept
an alien under section 243(d); or
``(IV) the government of the foreign country of which the
alien is a citizen, subject, national, or resident is
refusing to issue any required travel or identity documents
to allow such alien to return to that country;
``(ii) until the alien is removed, if the Secretary
certifies in writing--
``(I) 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;
``(II) 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;
``(III) 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
``(IV) 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) the alien has been convicted of 1 or more aggravated
felonies (as defined in section 101(a)(43)), 1 or more crimes
identified by the Secretary of Homeland Security by
regulation, or 1 or more attempts or conspiracies to commit
any such aggravated felonies or such identified crimes,
provided that the aggregate term of imprisonment for such
attempts or conspiracies is at least 5 years; or
``(bb) the alien has committed 1 or more violent offenses
(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
``(V) 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 the alien has been convicted of
at least one aggravated felony (as defined in section
101(a)(43)); and
``(iii) pending a determination under subparagraph (B), if
the Secretary 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 subsection (a)(1)(C)).
``(10) Renewal and delegation of certification.--
``(A) Renewal.--The Secretary of Homeland Security may
renew a certification under subparagraph (B)(ii) every 6
months without limitation, 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).
``(B) Delegation.--Notwithstanding section 103, the
Secretary of Homeland Security may not delegate the authority
to make or renew a certification described in item (II),
(III), or (IV) of subparagraph (B)(ii) to an official below
the level of the Director of U.S. Immigration and Customs
Enforcement.
``(11) Release on conditions.--If it is determined that an
alien should be released from detention, the Secretary of
Homeland Security, in the exercise of discretion, may impose
conditions on release as provided in paragraph (3).
``(12) Redetention.--The Secretary of Homeland Security, in
the exercise of 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 the alien fails to comply with the conditions of
release or to continue to satisfy the conditions described in
subparagraph (8)(A), or if, upon reconsideration, the
Secretary determines that the alien can be detained under
subparagraph (8)(B). Paragraphs (6) through (14) shall apply
to any alien returned to custody pursuant to this
subparagraph, as if the removal period terminated on the day
of the redetention.
``(13) Certain aliens who effected entry.--If an alien has
effected an entry but has neither been lawfully admitted nor
physically present in the United States continuously for the
2-year period immediately prior to the commencement of
removal proceedings under this Act against the alien, the
Secretary of Homeland Security in the exercise of discretion
may decide not to apply paragraph (8) and detain the alien
without any limitations except those which the Secretary
shall adopt by regulation.
``(14) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision
pursuant to paragraph (6) through (14) shall be available
exclusively in habeas corpus proceedings instituted in the
United States District Court for the District of Columbia,
and only if the alien has exhausted all administrative
remedies (statutory and regulatory) available to the alien as
of right.''.
(c) Detention of Aliens During Removal Proceedings.--
(1) 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) Length of Detention.--
``(1) In general.--An alien may be detained under this
section while proceedings are pending, without limitation,
until the alien is subject to an administratively final order
of removal.
``(2) Effect on detention under section 241.--The length of
detention under this section shall not affect the validity of
any detention under section 241.
``(f) Judicial Review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to subsection (e) shall be available exclusively in
a habeas corpus proceeding instituted in the United States
District Court for the District of Columbia and only if the
alien has exhausted all administrative remedies (statutory
and nonstatutory) available to the alien as of right.''.
(2) Conforming amendments.--Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226) is amended--
(A) in subsection (e), by inserting ``Without regard to the
place of confinement, judicial review of any action or
decision made pursuant to section 235(f) shall be available
exclusively in a habeas corpus proceeding instituted in the
United States District Court for the District of Columbia,
and only if the alien has exhausted all administrative
remedies (statutory and nonstatutory) available to the alien
as of right.'' at the end; and
(B) by adding at the end the following:
[[Page S4863]]
``(f) Length of Detention.--
``(1) In general.--An alien may be detained under this
section, without limitation, until the alien is subject to an
administratively final order of removal.
``(2) Effect on detention under section 241.--The length of
detention under this section shall not affect the validity of
any detention under section 241.''.
(d) Attorney General's Discretion in Determining Countries
of Removal.--Section 241(b) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)) is amended--
(1) in paragraph (1)(C)(iv), by striking the period at the
end and inserting ``, or the Attorney General decides that
removing the alien to the country is prejudicial to the
interests of the United States.'';
(2) in paragraph (2)(E)(vii), by inserting ``or the
Attorney General decides that removing the alien to one or
more of such countries is prejudicial to the interests of the
United States,'' after ``this subparagraph,''.
(e) Effective Dates and Application.--
(1) Amendments made by subsection (b).--The amendments made
by subsection (b) shall take effect on the date of the
enactment of this Act, and section 241 of the Immigration and
Nationality Act, as amended by subsection (b), shall apply
to--
(A) all aliens subject to a final administrative removal,
deportation, or exclusion order that was issued before, on,
or after the date of the enactment of this Act; and
(B) acts and conditions occurring or existing before, on,
or after the date of the enactment of this Act.
(2) Amendments made by subsection (c).--The amendments made
by subsection (c) shall take effect upon the date of the
enactment of this Act, and sections 235 and 236 of the
Immigration and Nationality Act, as amended by subsection
(c), shall apply to any alien in detention under provisions
of such sections on or after the date of the enactment of
this Act.
SEC. 505. GAO STUDY ON DEATHS IN CUSTODY.
The Comptroller General of the United States shall submit
to Congress within 6 months after the date of the enactment
of this Act, a report on the deaths in custody of detainees
held by the Department of Homeland Security. The report shall
include the following information with respect to any such
deaths and in connection therewith:
(1) Whether any such deaths could have been prevented by
the delivery of medical treatment administered while the
detainee is in the custody of the Department of Homeland
Security.
(2) Whether Department practice and procedures were
properly followed and obeyed.
(3) Whether such practice and procedures are sufficient to
protect the health and safety of such detainees and
(4) Whether reports of such deaths were made to the Deaths
in Custody Reporting Program.
SEC. 506. GAO STUDY ON MIGRANT DEATHS.
Within 120 days of the date of enactment and by the end of
each fiscal year thereafter, the Comptroller General of the
United States shall submit to the Committee on the Judiciary
and Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on the Judiciary and
Committee on Homeland Security of the House, a report on:
(1) the total number of migrant deaths along the southern
border in the last 5 years;
(2) the total number of unidentified deceased migrants
found along the southern border;
(3) the level of cooperation between U.S. Customs and
Border Protection, local and State law enforcement, foreign
diplomatic and consular posts, nongovernmental organizations,
and family members to accurately identify deceased
individuals;
(4) the use of DNA testing and sharing of such data between
U.S. Customs and Border Protection, local and State law
enforcement, foreign diplomatic and consular posts, and
nongovernmental organizations to accurately identify deceased
individuals;
(5) the comparison of DNA data with information on Federal,
State, and local missing person registries; and
(6) the procedures and processes U.S. Customs and Border
Protection has in place for notification of relevant
authorities or family members after missing persons are
identified through DNA testing.
SEC. 507. STATUTE OF LIMITATIONS FOR VISA, NATURALIZATION,
AND OTHER FRAUD OFFENSES INVOLVING WAR CRIMES
OR HUMAN RIGHTS VIOLATIONS.
(a) Statute of Limitations for Visa Fraud and Other
Offenses.--Chapter 213, Title 18, United States Code, is
amended by adding new section 3302, as follows:
SEC. 3302. FRAUD IN CONNECTION WITH CERTAIN HUMAN RIGHTS
VIOLATIONS OR WAR CRIMES.
``(a) No person shall be prosecuted, tried, or punished for
violation of any provision of sections 1001 and 1015 of
chapter 47, section 1425 of chapter 63, section 1546 of
chapter 75, section 1621 of chapter 79, and section 2191 of
chapter 212A of title 19 of the United States Code, or for
attempt or conspiracy to violate any such sections, when the
fraudulent conduct, misrepresentation, concealment, or
fraudulent, fictitious, or false statement concerns the
alleged offender's participation, at any time, at any place,
and irrespective of the nationality of the alleged offender
or any victim, in a human rights violation or war crime, or
the alleged offender's membership in, service in, or
authority over a military, paramilitary, or police
organization that participated in such conduct during any
part of any period in which the alleged offender was a member
of, served in, or had authority over the organization, unless
the indictment is found or the information is instituted with
20 years after the commission of the offense, except that an
indictment may be found, or information instituted, at any
time without limitation if the commission of such human
rights violation or war crime resulted in the death of any
person.
``(b) For purposes of subsection (a), `human rights
violation or war crime' means genocide, incitement to
genocide, war crimes, torture, female genital mutilation,
extrajudicial killing under color of foreign law,
persecution, particularly severe violation of religious
freedom by a foreign government official, or the use of
recruitment of child soldiers.
``(c) For purposes of subsection (b),
``(1) `genocide' means conduct described in section 1091(c)
of chapter 50A of this title,
``(2) `incitement to genocide' means conduct described in
section 1091(c) of chapter 50A of this title,
``(3) `war crimes' means conduct described in subsections
(c) and (d) of section 2441 of chapter 118 of this title,
``(4) `torture' means conduct described in subsections (1)
and (2) of section 2340 of chapter 113C of this title,
``(5) `female genital mutilation' means conduct described
in section 116 of chapter 7 of this title,
``(6) `extrajudicial killing under color of foreign law'
means conduct specified in section 1182(a)(3)(E)(iii) of
chapter 12 of title 8 of the United States Code,
``(7) `persecution' means conduct that is a bar to relief
under section 1158(b)(2)(A)(i) of chapter 12 of title 8 of
the United States Code,
``(8) `particularly severe violation of religious freedom'
means conduct described in section 6402(13) of chapter 73 of
title 22 of the United States Code, and
``(9) `use or recruitment of child soldiers' means conduct
described in subsection (a) and (d) of section 2442 of
chapter 118 of this title.''.
(b) Effective Date.--The amendment made by this section
shall apply to fraudulent conduct, misrepresentations,
concealments, and fraudulent, fictitious, or false statements
made or committed before, on, or after the date of enactment
of this Act.
SEC. 508. CRIMINAL DETENTION OF ALIENS TO PROTECT PUBLIC
SAFETY.
(a) In General.--Section 3142(e) of title 18, United States
Code, is amended to read as follows:
``(e) Detention.--
``(1) In general.--If, after a hearing pursuant to the
provisions of subsection (f), the judicial officer finds that
no condition or combination of conditions will reasonably
assure the appearance of the person as required and the
safety of any other person and the community, such judicial
officer shall order the detention of the person before trial.
``(2) Presumption arising from offenses described in
subsection (f)(1).--In a case described in subsection (f)(1)
of this section, a rebuttable presumption arises that no
condition or combination of conditions will reasonably assure
the safety of any other person and the community if such
judicial officer finds that--
``(A) the person has been convicted of a Federal offense
that is described in subsection (f)(1), or of a State or
local offense that would have been an offense described in
subsection (f)(1) of this section if a circumstance giving
rise to Federal jurisdiction had existed;
``(B) the offense described in subparagraph (A) was
committed while the person was on release pending trial for a
Federal, State, or local offense; and
``(C) a period of not more than 5 years has elapsed since
the date of conviction or the release of the person from
imprisonment, for the offense described in subparagraph (A),
whichever is later.
``(3) Presumption arising from other offenses involving
illegal substances, firearms, violence, or minors.--Subject
to rebuttal by the person, it shall be presumed that no
condition or combination of conditions will reasonably assure
the appearance of the person as required and the safety of
the community if the judicial officer finds that there is
probable cause to believe that the person committed--
``(A) an offense for which a maximum term of imprisonment
of 10 years or more is prescribed in the Controlled
Substances Act (21 U.S.C. 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. 951 et seq.), or
chapter 705 of title 46;
``(B) an offense under section 924(c), 956(a), or 2332b of
this title;
``(C) an offense listed in section 2332b(g)(5)(B) of this
title for which a maximum term of imprisonment of 10 years or
more is prescribed; or
``(D) an offense involving a minor victim under section
1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A,
2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2),
2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of
this title.
``(4) Presumption arising from offenses relating to
immigration law.--Subject to rebuttal by the person, it shall
be presumed that no condition or combination of conditions
will reasonably assure the appearance
[[Page S4864]]
of the person as required if the judicial officer finds that
there is probable cause to believe that the person is an
alien and that the person--
``(A) has no lawful immigration status in the United
States;
``(B) is the subject of a final order of removal; or
``(C) has committed a felony offense under section
842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 1426
of this title, or any section of chapters 75 and 77 of this
title, or section 243, 274, 275, 276, 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1253, 1324, 1325,
1326, 1327, and 1328).''.
(b) Immigration Status as Factor in Determining Conditions
of Release.--Section 3142(g)(3) of title 18, United States
Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) by adding at the end the following:
``(C) whether the person is in a lawful immigration status,
has previously entered the United States illegally, has
previously been removed from the United States, or has
otherwise violated the conditions of his or her lawful
immigration status; and''.
SEC. 509. RECRUITMENT OF PERSONS TO PARTICIPATE IN TERRORISM.
(a) In General.--Chapter 113B of title 18, United States
Code, is amended by inserting after section 2332b the
following:
``Sec. 2332c. Recruitment of persons to participate in
terrorism
``(a) Offenses.--
``(1) In general.--It shall be unlawful for any person to
employ, solicit, induce, command, or cause another person to
commit an act of domestic terrorism or international
terrorism or a Federal crime of terrorism, with the intent
that the other person commit such act or crime of terrorism.
``(2) Attempt and conspiracy.--It shall be unlawful for any
person to attempt or conspire to commit an offense under
paragraph (1).
``(b) Penalties.--Any person who violates subsection (a)--
``(1) in the case of an attempt or conspiracy, shall be
fined under this title, imprisoned not more than 10 years, or
both;
``(2) if death of an individual results, shall be fined
under this title, punished by death or imprisoned for any
term of years or for life, or both;
``(3) if serious bodily injury to any individual results,
shall be fined under this title, imprisoned not less than 10
years nor more than 25 years, or both; and
``(4) in any other case, shall be fined under this title,
imprisoned not more than 10 years, or both.
``(c) Rule of Construction.--Nothing in this section shall
be construed or applied so as to abridge the exercise of
rights guaranteed under the First Amendment to the
Constitution of the United States.
``(d) Lack of Consummated Terrorist Act Not a Defense.--It
is not a defense under this section that the act of domestic
terrorism or international terrorism or Federal crime of
terrorism that is the object of the employment, solicitation,
inducement, commanding, or causing has not been done.
``(e) Definitions.--In this section--
``(1) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b; and
``(2) the term `serious bodily injury' has the meaning
given that term in section 1365(h).''.
(b) Table of Sections Amendment.--The table of sections at
the beginning of chapter 113B of title 18, United States
Code, is amended by inserting after the item relating to
section 2332b the following:
``2332c. Recruitment of persons to participate in terrorism.''.
SEC. 510. BARRING AND REMOVING PERSECUTORS, WAR CRIMINALS,
AND PARTICIPANTS IN CRIMES AGAINST HUMANITY
FROM THE UNITED STATES.
(a) Inadmissibility of Persecutors, War Criminals, and
Participants in Crimes Against Humanity.--Subparagraph (E) of
section 212(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(E)) is amended--
(1) by striking the subparagraph heading and inserting
``Participants in persecution (including nazi persecutions),
genocide, war crimes, crimes against humanity, or the
commission of any act of torture or extrajudicial killing.--
''; and
(2) by adding after subclause (iii) the following:
``(iv) Persecutors, war criminals, and participants in
crimes against humanity.--Any alien, including those who are
superior commanders, who committed, ordered, incited,
assisted, or otherwise participated in a war crime as defined
in section 2441(c) of title 18, United States Code, a crime
against humanity, or in the persecution of any person on
account of race, religion, nationality, membership in a
particular social group, or political opinion, is
inadmissible.
``(v) Crime against humanity defined.--In this
subparagraph, the term `crime against humanity' means conduct
that is part of a widespread and systematic attack targeting
any civilian population, and with knowledge that the conduct
was part of the attack or with the intent that the conduct be
part of the attack--
``(I) that, if such conduct occurred in the United States
or in the special maritime and territorial jurisdiction of
the United States, would violate--
``(aa) section 1111 of title 18, United States Code
(relating to murder);
``(bb) section 1201(a) of title 18, United States Code
(relating to kidnapping);
``(cc) section 1203(a) of title 18, United States Code
(relating to hostage taking), notwithstanding any exception
under subsection (b) of such section 1203;
``(dd) section 1581(a) of title 18, United States Code
(relating to peonage);
``(ee) section 1583(a)(1) of title 18, United States Code
(relating to kidnapping or carrying away individuals for
involuntary servitude or slavery);
``(ff) section 1584(a) of title 18, United States Code
(relating to sale into involuntary servitude);
``(gg) section 1589(a) of title 18, United States Code
(relating to forced labor);
``(hh) section 1590(a) of title 18, United States Code
(relating to trafficking with respect to peonage, slavery,
involuntary servitude, or forced labor);
``(ii) section 1591(a) of title 18, United States Code
(relating to sex trafficking of children or by force, fraud,
or coercion);
``(jj) section 2241(a) of title 18, United States Code
(relating to aggravated sexual abuse by force or threat); or
``(kk) section 2242 of title 18, United States Code
(relating to sexual abuse);
``(II) that would constitute torture as defined in section
2340(1) of title 18, United States Code;
``(III) that would constitute cruel or inhuman treatment as
described in section 2441(d)(1)(B) of title 18, United States
Code;
``(IV) that would constitute performing biological
experiments as described in section 2441(d)(1)(C) of title
18, United States Code;
``(V) that would constitute mutilation or maiming as
described in section 2441(d)(1)(E) of title 18, United States
Code; or
``(VI) that would constitute intentionally causing serious
bodily injury as described in section 2441(d)(1)(F) of title
18, United States Code.''.
``(vi) Systematic.--In this subparagraph, the term
`systematic' means the commission of a series of acts
following a regular pattern and occurring in an organized,
non-random manner.
``(vii) Widespread.--In this subparagraph, the term
`widespread' means either a single, large scale act or a
series of acts directed against a substantial number of
victims.
``(viii) Superior commander.--The term `superior commander'
means--
``(I) a military commander or a person with effective
control of military forces or an armed group;
``(II) who knew or should have known that a subordinate or
someone under his or her effective control is committing acts
described in subsection (a), is about to commit such acts, or
had committed such acts; and
``(III) who fails to take the necessary and reasonable
measures to prevent such acts or, for acts that have been
committed, to punish the perpetrators thereof.''
(3) by revising in clause (iii)(II) the following:
(A) by deleting `` of any foreign nation'', and
(B) by inserting after ``is inadmissible'' the following
clause:
``(III) Color of law. For purposes of this subsection and
subsection 237(a)(4)(D) only, acting under `color of law'
includes acts taken as part of an armed group exercising de
facto authority.''.
(b) Barring Waiver of Inadmissibility for Persecutors.--
Subparagraph (A) of section 212(d)(3) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by
striking ``and clauses (i) and (ii) of paragraph (3)(E)''
both places that term appears and inserting ``and (3)(E)''.
(c) Removal of Persecutors.--Subparagraph (D) of section
237(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(4)(D)) is amended--
(1) by striking ``Nazi'' in the subparagraph heading; and
(2) by striking ``or (iii)'' and inserting ``(iii), or
(iv)'';
(3) by inserting after subsection (g), as redesignated by
Title VIII of this Act, the following:
``(H) Participation in female genital mutilation. Any alien
who has committed, ordered, incited, assisted, or otherwise
participated in female genital mutilation, is deportable.''.
(d) Severe Violations of Religious Freedom.--Section
212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)(G) is amended--
(1) in the header, by striking ``Foreign government
officials'' and replacing it with ``Any persons''; and
(2) by striking ``, while serving as a foreign government
official,''.
(e) Barring Persecutors From Establishing Good Moral
Character.--Section 101(f) of the Immigration and Nationality
Act (8 U.S.C. 1101(f)) is amended--
(1) in paragraph (9), by striking ``killings) or
212(a)(2)(G) (relating to severe violations of religious
freedom).'' and inserting ``killings), 212(a)(2)(G) (relating
to severe violations of religious freedom), or 212(a)(3)(G)
(relating to recruitment and use of child soldiers);''; and
(2) by inserting after paragraph (9) the following:
``(10) one who at any time committed, ordered, incited,
assisted, or otherwise participated in the persecution of any
person on account of race, religion, nationality, membership
in a particular social group, or political opinion is
inadmissible; or''.
[[Page S4865]]
(f) Increasing Criminal Penalties for Anyone Who Aids and
Abets the Entry of a Persecutor.--Section 277 of the
Immigration and Nationality Act (8 U.S.C. 1327) is amended by
striking ``(other than subparagraph (E) thereof)''.
(g) Increasing Criminal Penalties for Female Genital
Mutilation.--Section 116 of Title 18, U.S.C. is amended--
(1) in subsection (a), by striking ``shall be fined under
this title or imprisoned not more than 5 years, or both'' at
the end, and inserting the following:
``has engaged in a violent crime against children under
section 3559(f)(3) of this title and shall be imprisoned for
life or for any term of years not less than 10.
(2) in subsection (d), by striking ``shall be fined under
this title or imprisoned not more than 5 years, or both.'' at
the end, and inserting the following:
``shall be imprisoned for life or for any term of years not
less than 10.''.
(h) Material Support in the Recruitment or Use of Child
Soldiers.--
(1) Section 212(a)(3)(G) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(G)) is amended by inserting after
the ``18,'' the following new clause:
``or has provided material support in the recruitment or use
of child soldiers in violation of section 2339A of title
18,''.
(2) Deportability.--Section 237(a)(4)(G) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(G)), as amended by
Title VIII of this Act, is amended by inserting after the
``18,'' the following new clause:
``or has provided material support in the recruitment or use
of child soldiers in violation of section 2339A of title
18,''.
(i) Female Genital Mutilation.--Section 212(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is
amended by adding at the end the following:
``(H) Participation in female genital mutilation.--Any
alien who has ordered, incited, assisted, or otherwise
participated in female genital mutilation, is
inadmissible.''.
(j) Technical Amendments.--
(1) Section 101(a)(42).--Section 101(a)(42) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is
amended by inserting ``committed,'' before ``ordered''.
(2) Section 208(b)(2)(A)(i).--Section 208(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C.
1158(b)(2)(A)(i)) is amended by inserting ``committed,''
before ``ordered''.
(3) Section 241(b)(3)(B)(i).--Section 241(b)(3)(B)(i) of
the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)(B)(i)) is amended by inserting ``committed,''
before ``ordered''.
(k) Effective Date.--The amendments made by this section
shall apply to any offense committed before, on, or after the
date of enactment of this Act.
SEC. 511. GANG MEMBERSHIP, REMOVAL, AND INCREASED CRIMINAL
PENALTIES RELATED TO GANG VIOLENCE.
(a) Definition of Criminal Gang.--Section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended
by inserting after subparagraph (52) the following:
``(53)(A) The term `criminal gang' means an ongoing group,
club, organization, or association of 5 or more persons
that--
``(i) has as one of its primary purposes the commission of
1 or more of the criminal offenses set out under 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) has been designated as a criminal gang by the
Secretary of Homeland Security, in consultation with the
Attorney General, as meeting criteria set out in clause (i).
``(B) The offenses described under this subparagraph,
whether in violation of Federal or State law or the law of a
foreign country and regardless of whether the offenses
occurred before, on, or after the date of the enactment of
the Building America's Trust Act, are the following:
``(i) A felony drug offense (as that term is defined in
section 102 of the Controlled Substances Act (21 U.S.C.
802)).
``(ii) An offense involving 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).
``(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).
``(iv) Any offense under Federal, State, or Tribal law,
that has, as an element, the use or attempted use of physical
force or the threatened use of physical force or a deadly
weapon.
``(v) Any offense that has as an element the use, attempted
use, or threatened use of any physical object to inflict or
cause (either directly or indirectly) serious bodily injury,
including an injury that may ultimately result in the death
of a person.
``(vi) An offense involving obstruction of justice,
tampering with or retaliating against a witness, victim, or
informant, or burglary.
``(vii) Any conduct punishable under section 1028 or 1029
of title 18, United States Code (relating to 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 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).
``(viii) A conspiracy to commit an offense described in
clauses (i) through (v).
``(C) Notwithstanding any other provision of law (including
any effective date), a group, club, organization, or
association shall be considered a criminal gang regardless of
whether the conduct occurred before, on, or after the date of
the enactment of the Building America's Trust Act.''.
(b) Inadmissibility.--Paragraph (2) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is
amended by adding at the end the following:
``(J) Aliens associated with criminal gangs.--Any alien is
inadmissible who a consular officer, the Secretary of
Homeland Security, or the Attorney General knows or has
reason to believe--
``(i) to be or to have been a member of a criminal gang (as
defined in section 101(a)(53)); or
``(ii) 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.''.
(c) Deportability.--Paragraph (2) of section 237(a) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is
amended by adding at the end the following:
``(G) Aliens associated with criminal gangs.--Any alien who
the Secretary of Homeland Security or the Attorney General
knows or has reason to believe--
``(i) is or has been 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,
is deportable.''.
(d) Designation of Criminal Gangs.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
adding at the end the following:
``SEC. 220. DESIGNATION OF CRIMINAL GANGS.
``(a) In General.--The Secretary of Homeland Security, in
consultation with the Attorney General, and the Secretary of
State may designate a group or association as a criminal gang
if their conduct is described in section 101(a)(53) or if the
group's or association's conduct poses a significant risk
that threatens the security and the public safety of United
States nationals or the national security, homeland security,
foreign policy, or economy of the United States.
``(b) Effective Date.--Designations under subsection (a)
shall remain in effect until the designation is revoked after
consultation between the Secretary of Homeland Security, the
Attorney General, and the Secretary of State or is terminated
in accordance with Federal law.''.
(2) Clerical amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 219 the
following:
``220. Designation of criminal gangs.''
(e) Annual Report on Detention of Criminal Gang Members.--
Not later than March 1 of each year (beginning 1 year after
the date of the enactment of this Act), the Secretary, after
consultation with the heads of appropriate Federal agencies,
shall 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 a
report on the number of aliens detained who are described by
subparagraph (J) of section 212(a)(2) and subparagraph (G) of
section 237(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(J, 1227(a)(2)(G)), as added by subsections
(b) and (c).
(f) Asylum Claims Based on Gang Affiliation.--
(1) Inapplicability of restriction on removal to certain
countries.--Subparagraph (B) of section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is
amended, in the matter preceding clause (i), by inserting
``who is described in section 212(a)(2)(J)(i) or section
237(a)(2)(G)(i) or who is'' after ``to an alien''.
(2) Ineligibility for asylum.--Subparagraph (A) of section
208(b)(2) of the Immigration and Nationality 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)(J)(i) or
section 237(a)(2)(G)(i) (relating to participation in
criminal gangs); or''.
[[Page S4866]]
(g) Temporary Protected Status.--Section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary'';
(2) in subsection (c)(2)(B)--
(A) in clause (i), by striking ``States, or'' and inserting
``States;'';
(B) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the alien is, or at any time after admission has
been, an alien described in section 212(a)(2)(J)(i) or
section 237(a)(2)(G)(i).''.
(h) Effective Date and Application.--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. 512. BARRING ALIENS WITH CONVICTIONS FOR DRIVING UNDER
THE INFLUENCE OR WHILE INTOXICATED.
(a) Aggravated Felony Driving While Intoxicated.--
(1) Definitions.--Section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
(A) in subparagraph (T), by striking ``and'';
(B) in subparagraph (U), by striking the period at the end
and inserting ``; and''; and
(C) by inserting after subparagraph (U) the following:
``(V) a single conviction for driving while intoxicated
(including a conviction for driving while under the influence
of or impaired by alcohol or drugs), when such impaired
driving was the cause of the serious bodily injury or death
of another person or a second or subsequent conviction for
driving while intoxicated (including a conviction for driving
under the influence of or impaired by alcohol or drugs),
without regard to whether the conviction is classified as a
misdemeanor or felony under State law. For purposes of this
paragraph, the Secretary of Homeland Security or the Attorney
General are not required to prove the first conviction for
driving while intoxicated (including a conviction for driving
while under the influence of or impaired by alcohol or drugs)
as a predicate offense and need only make a factual
determination that the alien was previously convicted for
driving while intoxicated (including a conviction for driving
while under the influence of or impaired by alcohol or
drugs).''.
(2) Effective date and application.--The amendments made by
this section shall take effect on the date of the enactment
of this Act and apply to any conviction entered on or after
such date.
(b) Inadmissibility for Driving While Intoxicated or Under
the Influence.--
(1) In general.--Paragraph (2) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), as
amended by section 507, is further amended by adding at the
end the following:
``(K) Driving while intoxicated and unlawfully present in
the united states.--An alien who--
``(i) is convicted of driving while intoxicated, driving
under the influence, or similar violation of State law, and
``(ii) at the time of the commission of that offense was
unlawfully present in the United States because the alien
entered without inspection or admission, overstayed the
period of stay authorized by the Secretary, or violated the
terms of the alien's nonimmigrant visa,
is inadmissible.''.
(2) Effective date and application.--The amendments made by
paragraph (1) shall take effect on the date of the enactment
of this Act and apply to any conviction entered on or after
such date.
(c) Deportation for Driving While Intoxicated or Under the
Influence.--
(1) In general.--Paragraph (2) of section 237(a) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)), as
amended by section 507, is further amended by adding at the
end the following:
``(H) Driving while intoxicated and while unlawfully
present in the united states.--An alien is deportable who--
``(i) at the time of commission of the offense is
unlawfully present in the United States because the alien
entered without inspection or admission, overstayed the
period of stay authorized by the Secretary, or violated the
terms of the alien's nonimmigrant visa; and
``(ii) is convicted of driving while intoxicated, driving
under the influence, or similar violation of State law.''.
(2) Application.--The amendment made by paragraph (1) shall
take effect on the date of the enactment of this Act and
apply to any conviction entered on or after such date.
(d) Good Moral Character Bar for DUI or DWI Convictions.--
(1) In general.--Section 101(f) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)), as amended by section
506, is further amended by inserting after paragraph (1) the
following:
[``(2) inadmissible under section 212(a)(2)(K) or
deportable under section 237(a)(2)(H);]
[``(e) Technical and Conforming Amendments.--Subsection (h)
of section 212 of the Immigration and Nationality Act (8
U.S.C. 1182(h)) is amended--]
[``(1) by inserting `or the Secretary' after `the Attorney
General' each place such term appears; and]
[``(2) in the matter preceding paragraph (1), by striking
`and (E)' and inserting `(E), and (K)'.''.]
[(2) Application.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act
and apply to any conviction entered on or after such date.]
SEC. 513. BARRING AGGRAVATED FELONS, BORDER CHECKPOINT
RUNNERS, AND SEX OFFENDERS FROM ADMISSION TO
THE UNITED STATES.
(a) Inadmissibility on Criminal and Related Grounds;
Waivers.--Section 212 of the Immigration and Nationality Act
(8 U.S.C. 1182) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)(i)--
(i) in subclause (I), by striking ``, or'' and inserting a
semicolon;
(ii) in subclause (II), by striking the comma at the end
and inserting ``; or''; and
(iii) by inserting after subclause (II) the following:
``(III) a violation of (or a conspiracy or attempt to
violate) any statute relating to section 208 of the Social
Security Act (42 U.S.C. 408) (relating to social security
account numbers or social security cards) or section 1028 of
title 18, United States Code (relating to fraud and related
activity in connection with identification documents,
authentication features, and information);''; and
(B) by inserting after subparagraph (K), as added by
section 508, the following:
``(L) Citizenship fraud.--Any alien convicted of, or who
admits having committed, or who admits committing acts which
constitute the essential elements of, a violation of, or an
attempt or a conspiracy to violate, subsection (a) or (b) of
section 1425 of title 18, United States Code, (relating to
the procurement of citizenship or naturalization unlawfully)
is inadmissible.
``(M) Certain firearm offenses.--Any alien who at any time
has been convicted under any law of, or who admits having
committed or admits committing acts which constitute the
essential elements of, any law relating to purchasing,
selling, offering for sale, exchanging, using, owning,
possessing, or carrying, or of attempting or conspiring to
purchase, sell, offer for sale, exchange, use, own, possess,
or carry, any weapon, part, or accessory which is a firearm
or destructive device (as defined in section 921(a) of title
18, United States Code) in violation of any law is
inadmissible.
``(N) Aggravated felons.--Any alien who has been convicted
of an aggravated felony as defined in section 101(a)(43) at
any time is inadmissible.
``(O) High speed flight.--Any alien who has been convicted
of a violation of section 758 of title 18, United States
Code, (relating to high speed flight from an immigration
checkpoint) is inadmissible.
``(P) Failure to register as a sex offender.--Any alien
convicted under section 2250 of title 18, United States Code
is inadmissible.
``(Q) Crimes of domestic violence, stalking, or violation
of protection orders; crimes against children.--
``(i) Domestic violence, stalking, and child abuse.--
``(I) In general.--Any alien who at any time is or has been
convicted of a crime involving the use or attempted use of
physical force, or threatened use of a deadly weapon, a crime
of domestic violence, a crime of stalking, or a crime of
child abuse, child neglect, or child abandonment is
inadmissible.
``(II) Crime of domestic violence defined.--For purposes of
this clause, the term `crime of domestic violence' means any
crime of violence or any offense under Federal, State, or
Tribal law, that has, as an element, the use or attempted use
of physical force or the threatened use of physical force or
a deadly weapon against a person committed by a current or
former spouse of the person, by an individual with whom the
person shares a child in common, by an individual who is
cohabiting with or has cohabited with the person as a spouse,
by an individual similarly situated to a spouse of the person
under the domestic or family violence laws of the
jurisdiction where the offense occurs, or by any other
individual against a person who is protected from that
individual's acts under the domestic or family violence laws
of the United States or any State, Indian tribal government,
or unit of local government.
``(ii) Violators of protection orders.--
``(I) In general.--Any alien who at any time is or has been
enjoined under a protection order issued by a court and whom
the court determines has engaged in conduct that violates the
portion of a protection order that involves protection
against credible threats of violence, repeated harassment, or
bodily injury to the person or persons for whom the
protection order was issued is inadmissible.
``(II) Protective order defined.--In this clause, the term
`protection order' means any injunction issued for the
purpose of preventing violent or threatening acts of violence
that involve the use or attempted use of physical force, or
threatened use of a deadly weapon, 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,
including temporary or final orders issued by civil or
criminal courts (other than support or child
[[Page S4867]]
custody orders or provisions) whether obtained by filing an
independent action or as an independent order in another
proceeding.
``(iii) Waiver authorized.--For provision authorizing
waiver of this subparagraph, see subsection (o).''; and
(2) in subsection (h)--
(A) in the matter preceding paragraph (1), as amended by
this Act, by further amended by striking ``, and (K)'', and
inserting ``(K), and (M)'';
(B) in the matter following paragraph (2)--
(i) by striking ``torture.'' and inserting ``torture, or
has been convicted of an aggravated felony.''; and
(ii) by striking ``if either since the date of such
admission the alien has been convicted of an aggravated
felony or the alien'' and inserting ``if since the date of
such admission the alien''.
(3) by adding new subsection (o) to read as follows--
``(o) Waiver for Victims of Domestic Violence.--
``(1) In general.--The Secretary of Homeland Security or
Attorney General is not limited by the criminal court record
and may waive the application of paragraph (2)(Q)(i) (with
respect to crimes of domestic violence and crimes of
stalking) and (ii) in the case of an alien who has been
battered or subjected to extreme cruelty and who is not and
was not the primary perpetrator of violence in the
relationship upon a determination that--
``(A) the alien was acting in self-defense;
``(B) the alien was found to have violated a protection
order intended to protect the alien; or
``(C) the alien committed, was arrested for, was convicted
of, or pled guilty to committing a crime--
``(i) that did not result in serious bodily injury; and
``(ii) where there was a connection between the crime and
the alien's having been battered or subjected to extreme
cruelty.
``(2) Credible evidence considered.--In acting on
applications under this paragraph, the Secretary of Homeland
Security or Attorney General shall consider any credible
evidence relevant to the application. The determination of
what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Secretary
of Homeland Security or Attorney General.''.
(b) Deportability; Criminal Offenses.--Section 237(a)(3)(B)
of the Immigration and Nationality Act (8 U.S.C.
1227(a)(3)(B)) is amended--
(1) in clause (i), by striking the comma at the end and
inserting a semicolon;
(2) in clause (ii), by striking ``, or'' at the end and
inserting a semicolon;
(3) in clause (iii), by striking the comma at the end and
inserting ``; or''; and
(4) by inserting after clause (iii) the following:
``(iv) of a violation of, or an attempt or a conspiracy to
violate, subsection (a) or (b) of section 1425 of title 18
(relating to the procurement of citizenship or naturalization
unlawfully),''.
(c) Deportability; Criminal Offenses.--Paragraph (2) of
section 237(a) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(2)), as amended by sections 507 and 508, is
further amended by adding at the end the following:
``(I) Identification fraud.--Any alien who is convicted of
a violation of (or a conspiracy or attempt to violate) an
offense relating to section 208 of the Social Security Act
(42 U.S.C. 408) (relating to social security account numbers
or social security cards) or section 1028 of title 18, United
States Code, (relating to fraud and related activity in
connection with identification), is deportable.''.
(d) Applicability.--The amendments made by this section
shall apply to--
(1) any act that occurred before, on, or after the date of
the enactment of this Act;
(2) all aliens who are required to establish admissibility
on or after such date of enactment; and
(3) all removal, deportation, or exclusion proceedings that
are filed, pending, or reopened, on or after such date of
enactment.
(e) Construction.--The amendments made by this section
shall not be construed to create eligibility for relief from
removal under former section 212(c) of the Immigration and
Nationality Act (8 U.S.C. 1182(c)) if such eligibility did
not exist before the date of enactment of this Act.
SEC. 514. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.
(a) Immigrants.--Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)), is amended--
(1) in subparagraph (A), by amending clause (viii) to read
as follows:
``(viii) Clause (i) shall not apply to a citizen of the
United States who has been convicted of an offense described
in subparagraph (A), (I), or (K) of section 101(a)(43) or a
specified offense against a minor as defined in section 111
of the Adam Walsh Child Protection and Safety Act of 2006 (42
U.S.C. 16911(7)), unless the Secretary of Homeland Security,
in the Secretary's sole and unreviewable discretion,
determines that the citizen poses no risk to the alien with
respect to whom a petition described in clause (i) is
filed.''; and
(2) in subparagraph (B)(i)--
(A) by redesignating the second subclause (I) as subclause
(II); and
(B) by amending such subclause (II) to read as follows:
``(II) Subclause (I) shall not apply in the case of an
alien lawfully admitted for permanent residence who has been
convicted of an offense described in subparagraph (A), (I),
or (K) of section 101(a)(43) or a specified offense against a
minor as defined in section 111 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16911(7)),
unless the Secretary of Homeland Security, in the Secretary's
sole and unreviewable discretion, determines that the alien
lawfully admitted for permanent residence poses no risk to
the alien with respect to whom a petition described in
subclause (I) is filed.''.
(b) Nonimmigrants.--Section 101(a)(15)(K) of such Act (8
U.S.C. 1101(a)(15)(K)), is amended by striking
``204(a)(1)(A)(viii)(I))'' each place such term appears and
inserting ``204(a)(1)(A)(viii))''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to petitions filed on or after such date.
SEC. 515. ENHANCED CRIMINAL PENALTIES FOR HIGH SPEED FLIGHT.
(a) In General.--Section 758 of title 18, United States
Code, is amended to read as follows:
``Sec. 758. Unlawful flight from immigration or customs
controls
``(a) Evading a Checkpoint.--Any person who, while
operating a motor vehicle or vessel, knowingly flees or
evades a checkpoint operated by the Department of Homeland
Security or any other Federal law enforcement agency, and
then knowingly or recklessly disregards or disobeys the
lawful command of any law enforcement agent, shall be fined
under this title, imprisoned not more than 5 years, or both.
``(b) Failure to Stop.--Any person who, while operating a
motor vehicle, aircraft, or vessel, knowingly or recklessly
disregards or disobeys the lawful command of an officer of
the Department of Homeland Security engaged in the
enforcement of the immigration, customs, or maritime laws, or
the lawful command of any law enforcement agent assisting
such officer, shall be fined under this title, imprisoned not
more than 2 years, or both.
``(c) Alternative Penalties.--Notwithstanding the penalties
provided in subsection (a) or (b), any person who violates
such subsection shall--
``(1) be fined under this title, imprisoned not more than
10 years, or both, if the violation involved the operation of
a motor vehicle, aircraft, or vessel--
``(A) in excess of the applicable or posted speed limit,
``(B) in excess of the rated capacity of the motor vehicle,
aircraft, or vessel, or
``(C) in an otherwise dangerous or reckless manner;
``(2) be fined under this title, imprisoned not more than
20 years, or both, if the violation created a substantial and
foreseeable risk of serious bodily injury or death to any
person;
``(3) be fined under this title, imprisoned not more than
30 years, or both, if the violation caused serious bodily
injury to any person; or
``(4) be fined under this title, imprisoned for any term of
years or life, or both, if the violation resulted in the
death of any person.
``(d) Attempt and Conspiracy.--Any person who attempts or
conspires to commit any offense under this section shall be
punished in the same manner as a person who completes the
offense.
``(e) Forfeiture.--Any property, real or personal,
constituting or traceable to the gross proceeds of the
offense and any property, real or personal, used or intended
to be used to commit or facilitate the commission of the
offense shall be subject to forfeiture.
``(f) Forfeiture Procedures.--Seizures and forfeitures
under this section shall be governed by the provisions of
chapter 46 of this title, relating to civil forfeitures,
including section 981(d), except that such duties as are
imposed upon the Secretary of the Treasury under the customs
laws described in that section shall be performed by such
officers, agents, and other persons as may be designated for
that purpose by the Secretary of Homeland Security or the
Attorney General. Nothing in this section shall limit the
authority of the Secretary of Homeland Security to seize and
forfeit motor vehicles, aircraft, or vessels under the
Customs laws or any other laws of the United States.
``(g) Definitions.--For purposes of this section--
``(1) the term `checkpoint' includes, but is not limited
to, any customs or immigration inspection at a port of entry
or immigration inspection at a U.S. Border Patrol checkpoint;
``(2) the term `law enforcement agent' means--
``(A) any Federal, State, local or tribal official
authorized to enforce criminal law; and
``(B) when conveying a command described in subsection (b),
an air traffic controller;
``(3) the term `lawful command' includes a command to stop,
decrease speed, alter course, or land, whether communicated
orally, visually, by means of lights or sirens, or by radio,
telephone, or other communication;
``(4) the term `motor vehicle' means any motorized or self-
propelled means of terrestrial transportation; and
``(5) the term `serious bodily injury' has the meaning
given in section 2119(2) of this title.''.
(b) Construction.--The amendments made by subsection (a)
shall not be construed to
[[Page S4868]]
create eligibility for relief from removal under former
section 212(c) of the Immigration and Nationality Act (8
U.S.C. 1182(c)) if such eligibility did not exist before the
date of enactment of this Act.
SEC. 516. PROHIBITION ON ASYLUM AND CANCELLATION OF REMOVAL
FOR TERRORISTS.
(a) Asylum.--Subparagraph (A) of section 208(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)), as
amended by section 506 and 507, is further amended--
(1) by inserting ``or the Secretary'' after ``if the
Attorney General''; and
(2) by striking clause (v), and inserting:
``(v) the alien is described in section 212(a)(3)(B)(i) or
section 212(a)(3)(F), unless, in the case of an alien
described in subclause (IX) of section 212(a)(3)(B)(i), the
Secretary or the Attorney General determines, in his or her
sole and unreviewable discretion, that there are not
reasonable grounds for regarding the alien as a danger to the
security of the United States;''.
(b) Cancellation of Removal.--Paragraph (4) of section
240A(c) of the Immigration and Nationality Act (8 U.S.C.
1229b(c)(4)) is amended--
(1) by striking ``inadmissible under'' and inserting
``described in''; and
(2) by striking ``deportable under'' and inserting
``described in''.
(c) Restriction on Removal.--
(1) In general.--Subparagraph (A) of section 241(b)(3) of
the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(A))
is amended--
(A) by inserting ``or the Secretary'' after ``Attorney
General'' both places that term appears;
(B) by striking ``Notwithstanding'' and inserting the
following:
``(i) In general.--Notwithstanding''; and
(C) by adding at the end the following:
``(ii) Burden of proof.--The alien has the burden of proof
to establish that the alien's life or freedom would be
threatened in such country, and that race, religion,
nationality, membership in a particular social group, or
political opinion would be at least one central reason for
such threat.''.
(2) Exception.--Subparagraph (B) of section 241(b)(3) of
the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B))
is amended--
(A) by inserting ``or the Secretary of Homeland Security''
after ``Attorney General'' both places that term appears;
(B) in clause (iii), striking ``or'' at the end;
(C) in clause (iv), striking the period at the end and
inserting ``; or'';
(D) inserting after clause (iv) the following:
``(v) the alien is described in section 212(a)(3)(B)(i) or
section 212(a)(3)(F), unless, in the case of an alien
described in subclause (IX) of section 212(a)(3)(B)(i), the
Secretary of Homeland Security or the Attorney General
determines, in his or her sole and unreviewable discretion,
that there are not reasonable grounds for regarding the alien
as a danger to the security of the United States;
``(vi) the alien is convicted of an aggravated felony.'';
and
(E) by striking the undesignated matter at the end of the
subparagraph (B).
(3) Sustaining burden of proof; credibility
determinations.--Subparagraph (C) of section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(C)) is
amended by striking ``In determining whether an alien has
demonstrated that the alien's life or freedom would be
threatened for a reason described in subparagraph (A),'' and
inserting ``For purposes of this paragraph,''.
(4) Effective date and application.--The amendments made in
paragraphs (1) and (2) shall take effect as if enacted on May
11, 2005, and shall apply to applications for withholding of
removal made on or after such date.
(d) Effective Dates.--Except as provided in paragraph
(c)(4), the amendments made by this section shall take effect
on the date of the enactment of this Act and sections
208(b)(2)(A), 240A(c), and 241(b)(3) of the Immigration and
Nationality Act, as so amended, shall apply to--
(1) all aliens in removal, deportation, or exclusion
proceedings;
(2) all applications pending on, or filed after, the date
of the enactment of this Act; and
(3) with respect to aliens and applications described in
paragraph (1) or (2) of this subsection, acts and conditions
constituting a ground for exclusion, deportation, or removal
occurring or existing before, on, or after the date of the
enactment of this Act.
SEC. 517. AGGRAVATED FELONIES.
(a) Definition of Aggravated Felony.--Paragraph (43) of
section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)), as amended by section 508, is further
amended--
(1) in subparagraph (A), by striking ``sexual abuse of a
minor;'' and inserting ``any conviction for a sex offense,
including an offense described in sections 2241 and 2243 of
Title 18, United States Code, or an offense where the alien
abused or was involved in the abuse of any individual under
the age of 18 years, or in which the victim is in fact under
the age of 18 years, regardless of the reason and extent of
the act, the sentence imposed, or the elements in the offense
that are required for conviction;'';
(2) in subparagraph (F), by striking ``at least one year''
and inserting ``is at least one year, except that if the
conviction records do not conclusively establish whether a
crime constitutes a crime of violence or an offense under
Federal, State, or Tribal law, that has, as an element, the
use or attempted use of physical force or the threatened use
of physical force or a deadly weapon, the Attorney General or
Secretary of Homeland Security may consider other evidence
related to the conviction, including but not limited to
police reports and witness statements, that clearly
establishes that the conduct for which the alien was engaged
constitutes a crime of violence or an offense under Federal,
State, or Tribal law, that has, as an element, the use or
attempted use of physical force or the threatened use of
physical force or a deadly weapon;'';
(3) by striking subparagraph (G) and inserting the
following:
``(G) a theft offense under State or Federal law (including
theft by deceit, theft by fraud, and receipt of stolen
property) or burglary offense under State or Federal law for
which the term of imprisonment is at least one year, except
that if the conviction records do not conclusively establish
whether a crime constitutes a theft or burglary offense, the
Attorney General or Secretary of Homeland Security may
consider other evidence related to the conviction, including
but not limited to police reports and witness statements,
that clearly establishes that the conduct for which the alien
was engaged constitutes a theft or burglary offense;'';
(4) in subparagraph (I), by striking ``or 2252'' and
inserting ``2252, or 2252A'';
(5) in subparagraph (N), by striking ``paragraph (1)(A) or
(2) of'' and inserting a semicolon at the end;
(6) in subparagraph (O), by striking ``section 275(a) or
276 committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph;'' and inserting ``section 275
or 276 for which the term of imprisonment is at least 1
year;'';
(7) in subparagraph (P) by striking ``(i) which either is
falsely making, forging, counterfeiting, mutilating, or
altering a passport or instrument in violation of section
1543 of title 18, United States Code, or is described in
section 1546(a) of such title (relating to document fraud)
and (ii)'' and inserting ``which is described in the first
paragraph of section 1541, 1542, 1543, 1544, 1546(a), or 1547
of chapter 75 of title 18, United States Code, and'';
(8) in subparagraph (U), by striking ``an attempt or
conspiracy to commit an offense described in this paragraph''
and inserting ``an attempt to commit, conspiracy to commit,
or facilitation of an offense described in this paragraph, or
aiding, abetting, procuring, commanding, inducing, or
soliciting the commission of such an offense''; and
(9) by striking the undesignated material at end of the
paragraph and inserting ``The term applies to an offense
described in this paragraph, whether in violation of Federal
or State law, or a law of a foreign country, for which the
term of imprisonment was completed within the previous 20
years, and even if the length of the term of imprisonment for
the offense is based on recidivist or other enhancements.
Notwithstanding any other provision of law (including any
effective date), the term applies regardless of whether the
conviction was entered before, on, or after September 30,
1996.''.
(b) Definition of Conviction.--Section 101(a)(48) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is
amended by adding at the end the following:
``(C)(i) Any reversal, vacatur, expungement, or
modification of a conviction, sentence, or conviction that
was granted to ameliorate the consequences of the conviction,
sentence, or conviction, or was granted for rehabilitative
purposes shall have no effect on the immigration consequences
resulting from the original conviction.
``(ii) The alien shall have the burden of demonstrating
that any reversal, vacatur, expungement, or modification,
including modification to any sentence for an offense, was
not granted to ameliorate the consequences of the conviction,
sentence, or conviction record, or for rehabilitative
purposes.''.
(c) Effective Date and Application.--The amendments made by
this section shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to any act that occurred before, on, or after
such date of enactment.
SEC. 518. CONVICTIONS.
(a) Section 212(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(2)), as amended by sections 509 through
511, is further amended by adding at the end the following
subparagraph:
``(L) Convictions.--
``(i) In general.--For purposes of determining whether an
underlying criminal offense constitutes a ground of
inadmissibility under this subsection, all statutes or common
law offenses are divisible so long as any of the conduct
encompassed by the statute constitutes an offense that is a
ground of inadmissibility.
``(ii) Other evidence.--If the conviction records (i.e.,
charging documents, plea agreements, plea colloquies, jury
instructions) do not conclusively establish whether a crime
constitutes a ground of inadmissibility, the Attorney General
or the Secretary of Homeland Security may consider other
evidence related to the conviction, including but not limited
to police reports and witness statements, that clearly
establishes that the conduct for which the alien was engaged
constitutes a ground of inadmissibility.''.
[[Page S4869]]
(b) Section 237(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(2)), as amended by sections __ and __,
is further amended by adding at the end the following
subparagraph:
``(J) Criminal offenses.--
``(i) In general.--For purposes of determining whether an
underlying criminal offense constitutes a ground of
deportability under this subsection, all statutes or common
law offenses are divisible so long as any of the conduct
encompassed by the statute constitutes an offense that is a
ground of deportability.
``(ii) Other evidence.--If the conviction records (i.e.,
charging documents, plea agreements, plea colloquies, jury
instructions) do not conclusively establish whether a crime
constitutes a ground of deportability, the Attorney General
or the Secretary of Homeland Security may consider other
evidence related to the conviction, including but not limited
to police reports and witness statements, that clearly
establishes that the conduct for which the alien was engaged
constitutes a ground of deportability.''.
SEC. 519. PARDONS.
(a) Definition.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)), as amended by section --,
is further amended by adding at the end the following:
``(54) The term `pardon' means a full and unconditional
pardon granted by the President of the United States,
Governor of any of the several States or constitutionally
recognized body.''.
(b) Deportability.--Section 237(a) of such Act (8 U.S.C.
1227(a)), as amended by sections -- and --, is further
amended--
(1) in paragraph (2)(A), by striking clause (vi); and
(2) by adding at the end the following:
``(8) Pardons.--In the case of an alien who has been
convicted of a crime and is subject to removal due to that
conviction, if the alien, subsequent to receiving the
criminal conviction, is granted a pardon, the alien shall not
be deportable by reason of that criminal conviction.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to a pardon granted before, on, or after such
date.
SEC. 520. FAILURE TO OBEY REMOVAL ORDERS.
(a) In General.--Section 243(a) of the Immigration and
Nationality Act (8 U.S.C. 1253(a)) is amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1), by inserting ``212(a) or'' before ``237(a),''; and
(2) by striking paragraph (3).
(b) Effective Date.--The amendments made by subparagraph
(A) shall take effect on the date of enactment of this Act
and shall apply to acts that are described in subparagraphs
(A) through (D) of section 243(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1253(a)(1)) that occur on or after
the date of enactment of this Act.
SEC. 521. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT
REPATRIATION OF THEIR NATIONALS.
Section 243 of the Immigration and Nationality Act (8
U.S.C. 1253) is amended by striking subsection (d) and
inserting the following:
``(d) Listing of Countries Who Delay Repatriation of
Removed Aliens.--
``(1) Listing of countries.--Beginning on the date that is
6 months after the date of enactment of the Building
America's Trust Act, and every 6 months thereafter, the
Secretary shall publish a report in the Federal Register that
includes a list of--
``(A) countries that have refused or unreasonably delayed
repatriation of an alien who is a national of that country
since the date of enactment of this Act and the total number
of such aliens, disaggregated by nationality;
``(B) countries that have an excessive repatriation failure
rate; and
``(C) each country that was reported as noncompliant in the
prior reporting period.
``(2) Exemption.--The Secretary of Homeland Security, in
the Secretary's sole and unreviewable discretion, and in
consultation with the Secretary of State, may exempt a
country from inclusion in the list under paragraph (1) if
there are significant foreign policy or security concerns
that warrant such an exemption.
``(e) Discontinuing Granting of Visas to Nationals of
Countries Denying or Delaying Accepting Alien.--
``(1) In general.--Notwithstanding section 221(c), the
Secretary of Homeland Security shall take the action
described in paragraph (2)(A) and may take an action
described in paragraph (2)(B), if the Secretary determines
that--
``(A) an alien is inadmissible under section 212 or
deportable under section 237, or the alien has been ordered
removed from the United States; and
``(B) the government of a foreign country is--
``(i) denying or unreasonably delaying accepting aliens who
are citizens, subjects, nationals, or residents of that
country after the Secretary of Homeland Security asks whether
the government will accept an alien under this section; or
``(ii) refusing to issue any required travel or identity
documents to allow the alien who is citizen, subject,
national, or resident of that country to return to that
country.
``(2) Actions described.--The actions described in this
paragraph are the following:
``(A) An order from the Secretary of State to consular
officers in that foreign country to discontinue granting
visas under section 101(a)(15)(A)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants,
servants, personal employees, and members of their immediate
families, of the officials and employees of that country who
receive nonimmigrant status under clause (i) or (ii) of
section 101(a)(15)(A) of such Act.
``(B) Denial of admission to any citizens, subjects,
nationals, and residents from that country or the
imposition--
``(i) of any limitations, conditions, or additional fees on
the issuance of visas or travel from that country; or
``(ii) of any other sanctions authorized by law.
``(3) Resumption of visa issuance.--Consular officers in
the foreign country that refused or unreasonably delayed
repatriation or refused to issue required identity or travel
documents may resume visa issuance after the Secretary of
Homeland Security notifies the Secretary of State that the
country has accepted the aliens.''.
SEC. 522. ENHANCED PENALTIES FOR CONSTRUCTION AND USE OF
BORDER TUNNELS.
Section 555 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``not more than 20
years.'' and inserting ``not less than 7 years but not more
than 20 years.''; and
(2) in subsection (b), by striking ``not more than 10
years.'' and inserting ``not less than 3 years but not more
than 10 years.''.
SEC. 523. ENHANCED PENALTIES FOR FRAUD AND MISUSE OF VISAS,
PERMITS, AND OTHER DOCUMENTS.
Section 1546(a) of title 18, United States Code, is
amended--
(1) by striking ``Commissioner of the Immigration and
Naturalization Service'' each place that term appears and
inserting ``Secretary of Homeland Security'';
(2) by striking ``Shall be fined'' and all that follows
through the end and inserting ``Shall be fined under this
title or imprisoned for not less than 12 years but not more
than 25 years (if the offense was committed to facilitate an
act of international terrorism (as defined in section 2331 of
this title)), not less than 10 years but not more than 20
years (if the offense was committed to facilitate a drug
trafficking crime (as defined in section 929(a) of this
title)), not less than 5 years but not more than 10 years (in
the case of the first or second such offense, if the offense
was not committed to facilitate such an act of international
terrorism or a drug trafficking crime), or not less than 7
years but not more than 15 years (in the case of any other
offense), or both.''
SEC. 524. EXPANSION OF CRIMINAL ALIEN REPATRIATION PROGRAMS.
(a) Expansion of Department Criminal Alien Repatriation
Flights.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall increase the number of criminal and illegal alien
repatriation flights from the United States conducted by U.S.
Customs and Border Protection and U.S. Immigration and
Customs Enforcement Air Operations by not less than 15
percent more than the number of such flights operated, and
authorized to be operated, under existing appropriations and
funding on the date of the enactment of this Act.
(b) U.S. Immigration and Customs Enforcement Air
Operations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall issue a directive to expand U.S. Immigration and
Customs Enforcement Air Operations (ICE Air Ops) so that ICE
Air Ops provides additional services with respect to aliens
who are illegally present in the United States. Such
expansion shall include--
(1) increasing the daily operations of ICE Air Ops with
buses and air hubs in the top 5 geographic regions along the
southern border;
(2) allocating a set number of seats for such aliens for
each metropolitan area; and
(3) allowing a metropolitan area to trade or give some of
seats allocated to such area under paragraph (2) for such
aliens to other areas in the region of such area based on the
transportation needs of each area.
(c) Authorization of Appropriations.--In addition to the
amounts otherwise authorized to be appropriated, there is
authorized to be appropriated $10,000,000 for each of fiscal
years 2018 through 2021 to carry out this section.
Subtitle B--Strong Visa Integrity Secures America Act
SEC. 531. SHORT TITLE.
This subtitle may be cited as the ``Strong Visa Integrity
Secures America Act''.
SEC. 532. 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, in a risk-based manner, and
considering the criteria described in clause (ii), employees
of the Department to not fewer than 50 diplomatic and
consular posts at which visas are issued.
[[Page S4870]]
``(ii) Criteria described.--The criteria described in this
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 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.
``(iii) Rule of construction.--The assignment of employees
of the Department pursuant to this subparagraph is solely the
authority of the Secretary and may not be altered or rejected
by the Secretary of State.''.
(b) Counterterrorism 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 paragraph:
``(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) Schedule of Implementation.--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) Authorization of Appropriations.--There are authorized
to be appropriated $30,000,000 to implement this section and
the amendments made by this section.
SEC. 533. 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.), is 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 the Building America's Trust Act, 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.--
``(1) In general.--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 and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives an annual report through fiscal year 2021 on
the utilization of facial recognition technology and other
biometric technology pursuant to subsection (a)(2).
``(2) Report contents.--Each such report shall include--
``(A) information on the type of technology used at each
airport of entry;
``(B) the number of individuals who were subject to
inspection using either of such technologies at each airport
of entry;
``(C) within the group of individuals subject to such
inspection, the number of those individuals who were United
States citizens and lawful permanent residents;
``(D) information on the disposition of data collected
during the year covered by such report; and
``(E) 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 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. 534. REPORTING 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 June 30, 2018, and not
later than June 30 of each year thereafter, the Secretary of
Homeland Security shall 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, 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 and whose authorized period of
stay in the United States terminated during the previous
fiscal year, but who remained in the United States.''.
SEC. 535. 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
conducting primary inspections of aliens seeking admission to
the United States at each port of entry of the United States.
[[Page S4871]]
SEC. 536. 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.) is amended by
adding at the end the following new sections:
``SEC. 434. SOCIAL MEDIA SCREENING.
``(a) In General.--Not later than 180 days after the date
of the enactment of the Building America's Trust Act, the
Secretary of Homeland Security shall, to the greatest extent
practicable, and in a risk based manner and on an
individualized basis, review the social media accounts of
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 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 develop the technology required to
carry out the requirements of subsection (a), the Secretary
shall 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.
``SEC. 435. 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 is amended by this
Act, is further amended by inserting after the item relating
to section 433 the following new items:
``Sec. 434. Social media screening.
``Sec. 435. Open source screening.''.
Subtitle C--Visa Cancellation and Revocation
SEC. 541. CANCELLATION OF ADDITIONAL VISAS.
(a) In General.--Subsection (g) of section 222 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 of Homeland Security,''; 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 and Application.--The amendments 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. 542. VISA INFORMATION SHARING.
(a) In General.--Section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) is amended--
(1) in the introductory text, 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'';
(3) in paragraph (2)(A)--
(A) by inserting ``--(i)'' after ``for the purpose of'';
and
(B) 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 striking ``for the purposes'' and inserting ``for
one of the purposes''; and
(B) 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 [required for national security
or public safety and] 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
the Act.
SEC. 543. VISA INTERVIEWS.
(a) In General.--Section 222(h) of the Immigration and
Nationality Act (8 U.S.C. 1202(h)) is amended--
(1) in paragraph (1), by adding new subparagraph (D) to
read as follows:
``(D) by the Secretary of State if the Secretary, in his
sole and unreviewable discretion, determines that an
interview is unnecessary because the alien is ineligible for
a visa.''.
(2) in paragraph (2), by adding at the end a new
subparagraph (G) to read as follows:
``(G) is an individual within a class of aliens that the
Secretary of Homeland Security, in his sole and unreviewable
discretion, has determined may pose a threat to national
security or public safety.''.
SEC. 544. JUDICIAL REVIEW OF VISA REVOCATION.
Subsection (i) of section 221 of the Immigration and
Nationality Act (8 U.S.C. 1201(i)) is amended--
(1) by inserting ``(1)'' after ``(i)''; and
(2) by adding at the end the following:
``(2) A revocation under this subsection of a visa or other
documentation from an alien shall automatically cancel any
other valid visa that is in the alien's possession.''.
Subtitle D--Secure Visas Act
SEC. 551. SHORT TITLE.
This subtitle may be cited as the ``Secure Visas Act''.
SEC. 552. AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY AND
SECRETARY OF STATE.
(a) In General.--Section 428 of the Homeland Security Act
of 2002 (6 U.S.C. 236) is amended by striking subsections (b)
and (c) and inserting the following:
``(b) Authority of the Secretary of Homeland Security.--
``(1) In general.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any
other provision of law, and except for the authority of the
Secretary of State under subparagraphs (A) and (G) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)), the Secretary of Homeland Security--
``(A) shall have exclusive authority to issue regulations,
establish policy, and administer and enforce the provisions
of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) and all other immigration or nationality laws relating
to the functions of consular officers of the United States in
connection with the granting and refusal of a visa; and
``(B) may refuse or revoke any visa to any alien or class
of aliens if the Secretary of Homeland Security, or designee,
determines that such refusal or revocation is necessary or
advisable in the security interests of the United States.
``(2) Effect of revocation.--The revocation of any visa
under paragraph (1)(B)--
``(A) shall take effect immediately; and
``(B) shall automatically cancel any other valid visa that
is in the alien's possession.
``(3) Judicial review.--Notwithstanding any other provision
of law, including section 2241 of title 28, United States
Code, any other habeas corpus provision, and sections 1361
and 1651 of such title, no United States court has
jurisdiction to review a decision by the Secretary of
Homeland Security to refuse or revoke a visa.
``(c) Effect of Visa Approval by the Secretary of State.--
``(1) In general.--The Secretary of State may direct a
consular officer to refuse or revoke a visa to an alien if
the Secretary of Homeland Security determines that such
refusal or revocation is necessary or advisable in the
foreign policy interests of the United States.
``(2) Limitation.--No decision by the Secretary of State to
approve a visa may override a decision by the Secretary of
Homeland Security under subsection (b).''.
(b) Visa Revocation.--Section 428 of the Homeland Security
Act (6 U.S.C. 236) is amended by adding at the end the
following:
``(j) Visa Revocation Information.--If the Secretary of
Homeland Security or the Secretary of State revokes a visa--
``(1) the relevant consular, law enforcement, and terrorist
screening databases shall be immediately updated on the date
of the revocation; and
``(2) look-out notices shall be posted to all Department
port inspectors and Department of State consular officers.''.
(c) Conforming Amendment.--Section 104(a)(1) of the
Immigration and Nationality Act is amended to read:
``(1) the powers, duties and functions of diplomatic and
consular officers of the United States, and the power
authorized by section 428(c) of the Homeland Security Act of
2002 (6 U.S.C. 236), as amended by section 542 of the
Building America's Trust Act, except those powers, duties and
functions conferred upon the consular officers relating to
the granting or refusal of visas.''.
Subtitle E--Other Matters
SEC. 561. REQUIREMENT FOR COMPLETION OF BACKGROUND CHECKS.
(a) In General.--Section 103 of Immigration and Nationality
Act (8 U.S.C. 1103) is amended by adding at the end the
following:
``(h) Completion of Background and Security Checks.--
``(1) Requirement to complete.--Notwithstanding any other
provision of law (statutory or nonstatutory), including but
not limited to section 309 of the Enhanced Border Security
and Visa Entry Reform Act of 2002 (8 U.S.C. 1738), sections
1361 and 1651 of title 28, United States Code, and section
706(1) of title 5, United States Code, neither the Secretary
of Homeland Security nor the Attorney General may--
``(A) approve or grant to an alien any status, relief,
protection from removal, employment authorization, or any
other benefit under the immigration laws, including an
adjustment of status to lawful permanent residence or a grant
of United States citizenship; or
[[Page S4872]]
``(B) issue to the alien any documentation evidencing a
status or grant of any status, relief, protection from
removal, employment authorization, or other benefit under the
immigration laws;
until all background and security checks for the alien have
been completed and the Secretary of Homeland or Attorney
General has determined that the results do not preclude the
approval or grant of any status, relief, protection from
removal, employment authorization, or any other benefit under
the immigration laws or approval, grant, or the issuance of
any documentation evidencing such status, relief, protection,
authorization, or benefit.
``(2) Prohibition on judicial action.--No court shall have
authority to:
``(A) order the approval of;
``(B) grant;
``(C) mandate or require any action in a certain time
period; or
``(D) award any relief for the Secretary of Homeland
Security's or Attorney General's failure to complete or delay
in completing any action to provide
``any status, relief, protection from removal, employment
authorization, or any other benefit under the immigration
laws, including an adjustment of status to lawful permanent
residence, naturalization, or a grant of United States
citizenship for an alien until all background and security
checks have been completed and the Secretary of Homeland
Security or Attorney General has determined that the results
of such checks do not preclude the approval or grant of such
status, relief, protection, authorization, or benefit, or
issuance of any documentation evidencing such status, relief,
protection, authorization, or benefit.''.
(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 any application, petition, or request for
any benefit or relief or any other case or matter under the
immigration laws pending with on or filed with the Secretary
of Homeland Security or the Attorney General on or after such
date of enactment.
SEC. 562. WITHHOLDING OF ADJUDICATION.
(a) In General.--Section 103 of Immigration and Nationality
Act (8 U.S.C. 1103), as amended by section 551, is further
amended by adding at the end the following:
``(i) Withholding of Adjudication.--
``(1) In general.--Except as provided in subsection (i)(4),
nothing in this Act or any other law, including section 1361
and 1651 of title 28, United States Code, shall be construed
to require, and no court can order, the Secretary of Homeland
Security, the Attorney General, the Secretary of State, the
Secretary of Labor, or a consular officer to grant any
application, approve any petition, or grant or continue any
relief, protection from removal, employment authorization, or
any other status or benefit under the immigration laws by,
to, or on behalf of any alien with respect to whom a criminal
proceeding or investigation is open or pending (including,
but not limited to, issuance of an arrest warrant or
indictment), where such proceeding or investigation is deemed
by such official to be material to the alien's eligibility
for the status, relief, protection, or benefit sought.
``(2) Withholding of adjudication.--The Secretary of
Homeland Security, the Attorney General, the Secretary of
State, or the Secretary of Labor may, in his or her
discretion, withhold adjudication any application, petition,
request for relief, request for protection from removal,
employment authorization, status or benefit under the
immigration laws pending final resolution of the criminal or
other proceeding or investigation.
``(3) Jurisdiction.--Notwithstanding any other provision of
law (statutory or nonstatutory), including section 309 of the
Enhanced Border Security and Visa Entry Reform Act (8 U.S.C.
1738), sections 1361 and 1651 of title 28, United States
Code, and section 706(1) of title 5, United States Code, no
court shall have jurisdiction to review a decision to
withhold adjudication pursuant to this paragraph.
``(4) Withholding of removal and torture convention.--This
paragraph does not limit or modify the applicability of
section 241(b)(3) or the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, subject to any reservations, understandings,
declarations and provisos contained in the United States
Senate resolution of ratification of the Convention, as
implemented by section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (Public Law 105-277) with respect
to an alien otherwise eligible for protection under such
provisions.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act
and shall apply to any application, petition, or request for
any benefit or relief or any other case or matter under the
immigration laws pending with or filed with the Secretary of
Homeland Security on or after such date of enactment.
SEC. 563. ACCESS TO THE NATIONAL CRIME INFORMATION CENTER
INTERSTATE IDENTIFICATION INDEX.
(a) Criminal Justice Activities.--Section 104 of the
Immigration and Nationality Act (8 U.S.C. 1104) is amended by
adding at the end the following:
``(f) Criminal Justice Activities.--Notwithstanding any
other provision of law, any Department of State personnel
with authority to grant or refuse visas or passports may
carry out activities that have a criminal justice purpose.''.
(b) Liaison With Internal Security Officers; Data
Exchange.--Section 105 of the Immigration and Nationality Act
(8 U.S.C. 1105) is amended by striking subsections (b) and
(c) and inserting the following:
``(b) Access to NCIC-III.--
``(1) In general.--Notwithstanding any other provision of
law, the Attorney General and the Director of the Federal
Bureau of Investigation shall provide to the Department of
Homeland Security and the Department of State access to the
criminal history record information contained in the National
Crime Information Center's Interstate Identification Index
(NCIC-III) and the Wanted Persons File and to any other files
maintained by the National Crime Information Center for the
purpose of determining whether an applicant or petitioner for
a visa, admission, or any benefit, relief, or status under
the immigration laws, or any beneficiary of an application,
petition, relief, or status under the immigration laws, has a
criminal history record indexed in the file.
``(2) Authorized activities.--
``(A) In general.--The Secretary of Homeland Security and
the Secretary of State--
``(i) shall have direct access, without any fee or charge,
to the information described in paragraph (1) to conduct
name-based searches, file number searches, and any other
searches that any criminal justice or other law enforcement
officials are entitled to conduct; and
``(ii) may contribute to the records maintained by the
National Crime Information Center.
``(B) Secretary of homeland security.--The Secretary of
Homeland Security shall receive, on request by the Secretary
of Homeland Security, 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.
``(c) Criminal Justice and Law Enforcement Purposes.--
Notwithstanding any other provision of law, adjudication of
eligibility for benefits, relief, or status under the
immigration laws and other purposes relating to citizenship
and immigration services, shall be considered to be criminal
justice or law enforcement purposes with respect to access to
or use of any information maintained by the National Crime
Information Center or other criminal history information or
records.''.
SEC. 564. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.
(a) Limitation on Class Actions.--No court may certify a
class under rule 23 of the Federal Rules of Civil Procedure
in any civil action that--
(1) is filed after the date of enactment of this Act; and
(2) pertains to the administration or enforcement of the
immigration laws.
(b) Requirements for an Order Granting Prospective Relief
Against the Government.--
(1) In general.--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
immigration laws, the court shall--
(A) limit the relief to the minimum necessary to correct
the violation of law;
(B) adopt the least intrusive means to correct the
violation of law;
(C) minimize, to the greatest extent practicable, the
adverse impact on national security, border security,
immigration administration and enforcement, and public
safety; and
(D) provide for the expiration of the relief on a specific
date, which is not later than the earliest date necessary for
the Government to remedy the violation.
(2) Written explanation.--The requirements described in
paragraph (1) shall be discussed and explained in writing in
the order granting prospective relief and shall be
sufficiently detailed to allow review by another court.
(3) Expiration of preliminary injunctive relief.--
Preliminary injunctive relief granted under paragraph (1)
shall automatically expire on the date that is 90 days after
the date on which such relief is entered, unless the court--
(A) finds that such relief meets the requirements described
in subparagraphs (A) through (D) of paragraph (1) for the
entry of permanent prospective relief; and
(B) orders the preliminary relief to become a final order
granting prospective relief prior to the expiration of the
90-day period.
(c) Procedure for Motion Affecting Order Granting
Prospective Relief Against the Government.--
(1) In general.--A court shall promptly rule on a motion
made by the United States Government to vacate, modify,
dissolve, or otherwise terminate an order granting
prospective relief in any civil action pertaining to the
administration or enforcement of the immigration laws.
(2) Automatic stays.--
(A) In general.--A motion to vacate, modify, dissolve, or
otherwise terminate an order granting prospective relief made
by the United States Government in any civil action
pertaining to the administration or enforcement of the
immigration laws shall automatically, and without further
order of the court, stay the order granting prospective
relief on the date that is 15 days after the date on which
such motion is filed unless the court previously has granted
or denied the Government's motion.
[[Page S4873]]
(B) Duration of automatic stay.--An automatic stay under
subparagraph (A) shall continue until the court enters an
order granting or denying the Government's motion.
(C) Postponement.--The court, for good cause, may postpone
an automatic stay under subparagraph (A) for not longer than
15 days.
(D) Orders blocking automatic stays.--Any order staying,
suspending, delaying, or otherwise barring the effective date
of the automatic stay described in subparagraph (A), other
than an order to postpone the effective date of the automatic
stay for not longer than 15 days under subparagraph (C),
shall be--
(i) treated as an order refusing to vacate, modify,
dissolve, or otherwise terminate an injunction; and
(ii) immediately appealable under section 1292(a)(1) of
title 28, United States Code.
(d) Settlements.--
(1) Consent decrees.--In any civil action pertaining to the
administration or enforcement of the immigration laws, the
court may not enter, approve, or continue a consent decree
that does not comply with the requirements of subsection
(b)(1).
(2) Private settlement agreements.--Nothing in this
subsection shall preclude parties from entering into a
private settlement agreement that does not comply with
subsection (b)(1).
(e) Expedited Proceedings.--It shall be the duty of every
court to advance on the docket and to expedite the
disposition of any civil action or motion considered under
this section.
(f) Consent Decree Defined.--In this section, the term
``consent decree''--
(1) means any relief entered by the court that is based in
whole or in part on the consent or acquiescence of the
parties; and
(2) does not include private settlements.
SEC. 565. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR
NATIONAL SECURITY PURPOSES.
(a) Special Agricultural Workers.--Section 210(b)(6) of the
Immigration and Nationality Act (8 U.S.C. 1160(b)(6)) is
amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary'';
(2) in subparagraph (A), by striking ``Justice'' and
inserting ``Homeland Security'';
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(4) inserting after subparagraph (B) the following:
``(C) Authorized disclosures.--
``(i) Census purpose.--The Secretary of Homeland Security
may provide, in the Secretary's discretion, for the
furnishing of information furnished under this section in the
same manner and circumstances as census information may be
disclosed under section 8 of title 13, United States Code.''.
``(ii) National security purpose.--The Secretary of
Homeland Security may provide, in the Secretary's discretion,
for the furnishing, use, publication, or release of
information furnished under this section in any
investigation, case, or matter, or for any purpose, relating
to terrorism, national intelligence or the national
security.''; and
(5) in subparagraph (D), as redesignated, striking
``Service'' and inserting ``Department of Homeland
Security''.
(b) Adjustment of Status.--Section 245A of the Immigration
and Nationality Act (8 U.S.C. 1255a), is amended in
subsection (c)(5)--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (A), by striking ``Justice'' and
inserting ``Homeland Security''; and
(3) by amending subparagraph (C) to read as follows:
``(C) Authorized disclosures.--
``(i) Census purpose.--The Secretary of Homeland Security
may provide, in the Secretary's discretion, for the
furnishing of information furnished under this section in the
same manner and circumstances as census information may be
disclosed under section 8 of title 13, United States Code.
``(ii) National security purpose.--The Secretary of
Homeland Security may provide, in the Secretary's discretion,
for the furnishing, use, publication, or release of
information furnished under this section in any
investigation, case, or matter, or for any purpose, relating
to terrorism, national intelligence or the national
security.''.
SEC. 566. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN
IMMIGRATION, NATURALIZATION, AND PEONAGE
OFFENSES.
Section 3291 of title 18, United States Code, is amended by
striking ``No person'' and all that follows through the
period at the end and inserting the following:
``No person shall be prosecuted, tried, or punished for a
violation of any section of chapters 69 (relating to
nationality and citizenship offenses) and 75 (relating to
passport, visa, and immigration offenses), or for a violation
of any criminal provision of sections 243, 274, 275, 276,
277, or 278 of the Immigration and Nationality Act, or for an
attempt or conspiracy to violate any such section, unless the
indictment is returned or the information is filed within ten
years after the commission of the offense.''.
SEC. 567. CONFORMING AMENDMENT TO THE DEFINITION OF
RACKETEERING ACTIVITY.
Section 1961(1) of title 18, United States Code, is amended
by striking ``section 1542'' and all that follows through
``section 1546 (relating to fraud and misuse of visas,
permits, and other documents)'' and inserting ``sections
1541-1547 (relating to passports and visas)''.
SEC. 568. VALIDITY OF ELECTRONIC SIGNATURES.
(a) Civil Cases.--
(1) In general.--Chapter 9 of title II of the Immigration
and Nationality Act (8 U.S.C. 1351 et seq.) is amended by
adding at the end the following new section:
``SEC. 295. VALIDITY OF SIGNATURES.
``(a) In General.--In any proceeding, adjudication, or any
other matter arising under the immigration laws, an
individual's hand written or electronic signature on any
petition, application, or any other document executed or
provided for any purpose under the immigration laws
establishes a rebuttable presumption that the signature
executed is that of the individual signing, that the
individual is aware of the contents of the document, and
intends to sign it.''.
``(b) Record Integrity.--The Secretary of Homeland Security
shall establish procedures to ensure that when any electronic
signature is captured for any petition, application, or other
document submitted for purposes of obtaining an immigration
benefit, the identity of the person is verified and
authenticated, and the record of such identification and
verification is preserved for litigation purposes.''.
(2) Clerical amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 294 the
following:
``Sec. 295. Validity of signatures.''.
(b) Criminal Cases.--
(1) In general.--Chapter 223 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 3513. Signatures relating to immigration matters
``In a criminal proceeding in a court of the United States,
where an individual's hand written or electronic signature
appears on a petition, application or other document executed
or provided for any purpose under the immigration laws (as
defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17)), the trier of fact may
infer that the document was signed by that individual, and
that the individual knew the contents of the document and
intended to sign the document.''.
(2) Clerical amendment.--The table of sections for chapter
223 of title 18, United States Code, is amended by inserting
after the item relating to section 3512 the following:
``3513. Signatures relating to immigration matters.''.
TITLE VI--PROHIBITION ON TERRORISTS OBTAINING LAWFUL STATUS IN THE
UNITED STATES
Subtitle A--Prohibition on Adjustment to Lawful Permanent Resident
Status
SEC. 601. LAWFUL PERMANENT RESIDENTS AS APPLICANTS FOR
ADMISSION.
Section 101(a)(13)(C) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(13)(C)) is amended--
(1) in clause (v), by striking the ``or'' at the end;
(2) in clause (vi), by striking the period and inserting a
comma and ``or''; and
(3) by adding at the end the following:
``(vii) is described in section 212(a)(3) or section
237(a)(4).''.
SEC. 602. DATE OF ADMISSION FOR PURPOSES OF ADJUSTMENT OF
STATUS.
(a) Applicants for Admission.--Section 101(a)(13) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(13)) is
further amended by adding at the end the following:
``(D) Adjustment of status of the alien to that of an alien
lawfully admitted for permanent residence under section 245
or any other provision of law is an admission of the alien,
notwithstanding subparagraph (A) of this paragraph''.
(b) Eligibility to Be Removed for a Crime Involving Moral
Turpitude.--Subclause (I) of section 237(a)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C.
1227(a)(2)(A)(i)(I)) is amended by striking ``date of
admission,'' inserting ``alien's most recent date of
admission;''.
SEC. 603. PRECLUDING ASYLEE AND REFUGEE ADJUSTMENT OF STATUS
FOR CERTAIN GROUNDS OF INADMISSIBILITY AND
DEPORTABILITY.
(a) Grounds for Inadmissibility.--Section 209(c) of the
Immigration and Nationality Act (8 U.S.C. 1159(c)) is amended
by striking ``any other provision of such section (other than
paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of
paragraph (3))'' and inserting ``paragraph (1) of such
section''.
(b) Need Header.--Section 209(c) of the Immigration and
Nationality Act (8 U.S.C. 1159(c)) is amended by striking
``(other than paragraph (2)(C) or subparagraph (A), (B), (C),
or (E) of paragraph (3))'', and inserting ``(other than
paragraph 2(C) or (G) or subparagraph (A), (B), (C), (E), (F)
or (G) of paragraph (3))''.
(c) Grounds for Deportability.--Section 209 of the
Immigration and Nationality Act (8 U.S.C. 1159) is amended by
adding at the end the following:
``(d) Grounds for Deportability.--An alien may not adjust
status under this section if the alien is deportable under
any provision of section 237 except subsections (a)(5) of
such section.''.
[[Page S4874]]
(d) Effective Date.--The amendments made by this section
shall apply to--
(1) any act that occurred before, on, or after the date of
the enactment of this Act; and
(2) all aliens who are required to establish admissibility
on or after such date, and in all removal, deportation, or
exclusion proceedings that are filed, pending, or reopened,
on or after such date.
SEC. 604. PRECLUDING REFUGEE ADJUSTMENT OF STATUS FOR
PERSECUTORS AND HUMAN RIGHTS VIOLATORS.
(a) Prohibition of Refugees Seeking Adjustment of Status to
Lawful Permanent Residency Who Have Engaged in Nazi
Persecution, Genocide, Severe Violations of Religious
Freedom, Torture, Extrajudicial Killing, or the Recruitment/
use of Child Soldiers.--Section 209(c) of the Immigration and
Nationality Act (8 U.S.C. 1159(c)) is amended by striking
``(other than paragraph (2)(C) or subparagraph (A), (B), (C),
or (E) of paragraph (3))'', and inserting ``(other than
paragraph 2(C) or (G) or subparagraph (A), (B), (C), (E), (F)
or (G) of paragraph (3))''.
(b) Revocation of Lawful Permanent Resident Status for
Human Rights Violators.--Section 240(b)(5) of the Immigration
and Nationality Act (8 U.S.C. 1229a(b)(5)) is amended by
inserting at the end a new subparagraph (F) to read as
follows--
``(F) Additional application to certain aliens outside the
United States who are associated with human rights
violations. The preceding provisions of this paragraph shall
apply to any alien placed in proceedings under this section
who is outside of the United States, has received notice of
proceedings under section 240(a) either within or outside of
the United States, and is described in section 212(a)(2)(G)
(officials who have committed particularly severe violations
of religious freedom), 212(a)(3)(E) (Nazi persecution,
genocide, extrajudicial killing, or torture), or 212(a)(3)(G)
(recruitment or use of child soldiers).''.
SEC. 605. REMOVAL OF CONDITION ON LAWFUL PERMANENT RESIDENT
STATUS PRIOR TO NATURALIZATION.
Sections 216(e) and 216A(e) of the Immigration and
Nationality Act (8 U.S.C. 1186a(e), 1186b(e)) are amended by
striking the period at the end and inserting ``, if the alien
has had the conditional basis removed pursuant to this
section.''.
SEC. 606. PROHIBITION ON TERRORISTS AND ALIENS WHO POSE A
THREAT TO NATIONAL SECURITY OR PUBLIC SAFETY
FROM RECEIVING AN ADJUSTMENT OF STATUS.
(a) Application for Adjustment of Status in the United
States.--Section 245 of the Immigration and Nationality Act
(8 U.S.C. 1255) is amended by striking the section heading
and subsection (a) and inserting the following:
``SEC. 245. ADJUSTMENT OF STATUS TO THAT OF A PERSON ADMITTED
FOR PERMANENT RESIDENCE.
``(a) In General.--
``(1) Eligibility for adjustment.--The status of an alien
who was inspected and admitted or paroled into the United
States or the status of any other alien having an approved
petition for classification as a VAWA self-petitioner may be
adjusted by the Secretary of Homeland Security or Attorney
General, in the discretion of the Secretary of Homeland
Security or Attorney General, and under such regulations as
the Secretary of Homeland Security or Attorney General may
prescribe, to that of an alien lawfully admitted for
permanent residence if--
``(A) the alien makes an application for such adjustment;
``(B) the alien is eligible to receive an immigrant visa,
is admissible to the United States for permanent residence,
and is not subject to exclusion, deportation, or removal from
the United States; and
``(C) an immigrant visa is immediately available to the
alien at the time the alien's application is filed.
``(2) Immediately available.--For purposes of this section,
the term `immediately available' means that on the date of
filing of the application for adjustment of status, the visa
category under which the alien is seeking permanent residence
is current as determined by the Secretary of State and
reflected in the Department of State's visa bulletin for the
month in which the application for adjustment of status is
filed.
``(3) Requirement to obtain an immigrant visa outside the
united states.--Notwithstanding any provision in this
section, the Secretary of Homeland Security, in the
Secretary's sole and unreviewable discretion, may--
``(A) prohibit an alien from seeking an adjustment of
status under paragraph (1) while the alien is present in the
United States; and
``(B) require the alien to seek permanent residence by
applying for an immigrant visa at a United States embassy or
consulate in the alien's home country or other foreign
country, as designated by the Secretary of State,
if the Secretary of Homeland Security determines that the
alien may be a threat to national security or public safety
or if the Secretary of Homeland Security determines that a
favorable exercise of discretion to allow such adjustment of
status in the United States is not warranted.''.
(b) Prohibition on Terrorists and Aliens Who Pose a Threat
to National Security or Public Safety on Adjustment to Lawful
Permanent Resident Status.--Subsection (c) of section 245 of
the Immigration and Nationality Act (8 U.S.C. 1255(c)) is
amended to read as follows:
``(c) Aliens Not Eligible for Adjustment of Status.--Other
than an alien having an approved petition for classification
as a VAWA self-petitioner, subsection (a) shall not be
applicable to--
``(1) an alien crewman;
``(2) subject to subsection (k), an alien (other than an
immediate relative as defined in section 201(b) or a special
immigrant described in subparagraph (H), (I), (J), or (K) of
section 101(a)(27)) who hereafter continues in or accepts
unauthorized employment prior to filing an application for
adjustment of status or who is in unlawful immigration status
on the date of filing the application for adjustment of
status or who has failed (other than through no fault of his
or her own or for technical reasons) to maintain continuously
a lawful status since entry into the United States;
``(3) any alien admitted in transit without visa under
section 212(d)(4)(C);
``(4) an alien (other than an immediate relative as defined
in section 201(b)) who was admitted as a nonimmigrant visitor
without a visa under section 212(l) or section 217;
``(5) an alien who was admitted as a nonimmigrant described
in section 101(a)(15)(S);
``(6) an alien who described in section 237(a)(4)(B), (F),
or (G);
``(7) any alien who seeks adjustment of status to that of
an immigrant under section 203(b) and is not in a lawful
nonimmigrant status;
``(8) any alien who at any time has committed, ordered,
incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion,
nationality, membership in a particular social group, or
political opinion; or
``(9) any alien who was employed while the alien was an
unauthorized alien, as defined in section 274A(h)(3), or who
has otherwise violated the terms of a nonimmigrant visa.''.
SEC. 607. TREATMENT OF APPLICATIONS FOR ADJUSTMENT OF STATUS
DURING PENDING DENATURALIZATION PROCEEDINGS.
Section 245 of the Immigration and Nationality Act (8
U.S.C. 1451), as amended by section 605, is further amended
by adding a new subsection (n) to read as follows:
``(n) Treatment of Applications During Pending
Denaturalization Proceedings. No application for adjustment
of status may be considered or approved by the Secretary of
Homeland Security or Attorney General, and no court shall
order the approval of an application for adjustment of status
if the approved petition for classification under section 204
that is the underlying basis for the application for
adjustment of status was filed by an individual who has a
judicial proceeding pending against him or her that would
result in the individual's denaturalization under section
340.''.
SEC. 608. EXTENSION OF TIME LIMIT TO PERMIT RESCISSION OF
PERMANENT RESIDENT STATUS.
Section 246 of the Immigration and Nationality Act (8
U.S.C. 1256(a)) is amended--
(1) in subsection (a) by--
(A) inserting ``(1)'' after ``(a)'';
(B) striking ``within five years'' and inserting ``within
10 years'';
(C) striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(D) adding at the end the following:
``(2) In any removal proceeding involving an alien whose
status has been rescinded under this subsection, the
determination by the Secretary that the alien was not
eligible for adjustment of status is not subject to review or
reconsideration during such proceedings.''.
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting new subsection (b) to read as follows:
``(b) Nothing in subsection (a) shall require the Secretary
of Homeland Security to rescind the alien's status prior to
commencement of proceedings to remove the alien under section
240 of the Act. The Secretary of Homeland Security may
commence removal proceedings at any time against any alien
who is removable, including those aliens who adjusted status
under section 245 or 249 of the Act or any other provision of
law to that of an alien lawfully admitted for permanent
residence. This section of the Act contains no statute of
limitations with respect to commencement of removal
proceedings under section 240. An order of removal issued by
an immigration judge shall be sufficient to rescind the
alien's status.''.
SEC. 609. BARRING PERSECUTORS AND TERRORISTS FROM REGISTRY.
Section 249 of the Immigration and Nationality Act (8
U.S.C. 1259) is amended to read as follows:
``(a) In General.--The Secretary of Homeland Security, in
the discretion of the Secretary and under such regulations as
the Secretary may prescribe, may enter a record of lawful
admission for permanent residence in the case of any alien,
if no such record is otherwise available and the alien--
``(1) entered the United States before January 1, 1972;
``(2) has continuously resided in the United States since
such entry;
``(3) has been a person of good moral character since such
entry;
``(4) is not ineligible for citizenship;
``(5) is not described in paragraph (1)(A)(iv), (2), (3),
(6)(C), (6)(E), (8), or (9)(C) of section 212(a);
``(6) is not described in paragraph (1)(E), (1)(G), (2),
(4) of section 237(a); and
[[Page S4875]]
``(7) did not, at any time, without reasonable cause, fail
or refuse to attend or remain in attendance at a proceeding
to determine the alien's inadmissibility or deportability.
``(b) Recordation Date of Permanent Residence.--The record
of an alien's lawful admission for permanence residence shall
be the date the Secretary approves the application for such
status under this section.''.
Subtitle B--Prohibition on Naturalization and United States Citizenship
SEC. 621. BARRING TERRORISTS FROM BECOMING NATURALIZED UNITED
STATES CITIZENS.
(a) Section 316 of the Immigration and Nationality Act (8
U.S.C. 1427) is amended by adding at the end the following:
``(g) Persons Endangering National Security.--
``(1) Prohibition on naturalization.--
``(A) In general.--No person may be naturalized if the
Secretary of Homeland Security makes a determination, in the
discretion of the Secretary, that the alien is an alien
described in section 212(a)(3) or 237(a)(4) at any time,
including any period prior to, or after the filing of an
application for naturalization.
``(B) Exception.--Subparagraph (A), as it relates to an
alien described in section 212(a)(3), shall not apply if the
alien received an exemption under section 212(d)(3)(B)(i) and
the only conduct or actions that make the alien come within
the ambit of section 212(a)(3) and would bar the alien from
naturalization are specifically covered by such exemption.
``(2) Basis for determination; prohibition on review.--A
determination made under paragraph (1) may be based upon any
relevant information or evidence, including classified,
sensitive, or national security information.''.
(b) Section 340(d) of the Immigration and Nationality Act
(8 U.S.C. 1451(e)) is amended by revising the first sentence
to read as follows--
"Any person who claims United States citizenship through the
naturalization of a parent or spouse in whose case there is a
revocation and setting aside of the order admitting such
parent or spouse to citizenship under the provisions of--
``(1) subsection (a) of this section on the ground that the
order and certificate of naturalization were procured by
concealment of a material fact or by willful
misrepresentation, or
``(2) subsection of (e) of this section pursuant to a
conviction under section 1425 of title 18,
shall be deemed to have lost and to lose his citizenship and
any right or privilege of citizenship which he may have, now
has, or may hereafter acquire under and by virtue of such
naturalization of such parent or spouse, regardless of
whether such person is residing within or without the United
States at the time of the revocation and setting aside of the
order admitting such parent or spouse to citizenship.''.
SEC. 622. TERRORIST BAR TO GOOD MORAL CHARACTER.
(a) Definition of Good Moral Character.--
(1) Exclusion of terrorist aliens.--Section 101(f) of the
Immigration and Nationality Act (8 U.S.C. 1101(f)), as
amended by sections 506 and 508, is further amended--
(A) in paragraph (8), by striking ``; or'' and inserting
``, regardless whether the crime was classified as an
aggravated felony at the time of conviction, provided that,
the Secretary of Homeland Security or Attorney General may,
in the unreviewable discretion of the Secretary or the
Attorney General, determine that this paragraph shall not
apply in the case of a single aggravated felony conviction
(other than murder, manslaughter, homicide, rape, or any sex
offense when the victim of such sex offense was a minor) for
which completion of the term of imprisonment or the sentence
(whichever is later) occurred 15 or more years before the
date of application;''; and
(B) by inserting after paragraph (10), as added by section
506, the following:
``(11) one who the Secretary of Homeland Security or the
Attorney General determines, in the unreviewable discretion
of the Secretary of Homeland Security or the Attorney General
of Homeland Security, to have been at any time an alien
described in section 212(a)(3) or 237(a)(4), which
determination--
``(A) may be based upon any relevant information or
evidence, including classified, sensitive, or national
security information; and
``(B) shall be binding upon any court regardless of the
applicable standard of review.''; and
(2) by striking the first sentence of the undesignated
paragraph at the end and inserting following:
``[Client - made some change here and I can't figure out what
it is.] The fact that any person is not within any of the
foregoing classes shall not preclude a discretionary finding
for other reasons that such a person is or was not of good
character. The Secretary of Homeland Security or the Attorney
General shall not be limited to the applicant's conduct
during the period for which good moral character is required,
but may take into consideration as a basis for determination
the applicant's conduct and acts at any time.''.
(b) Aggravated Felons.--Subsection (b) of section 509 of
the Immigration Act of 1990 (Public Law 101-649; 8 U.S.C.
1101 note) is amended by striking ``convictions'' and all
that follows through the end and inserting ``convictions
occurring before, on, or after such date.''.
(c) Effective Date and Application.--
(1) Subsections (a) and (b).--The amendments made by
subsections (a) and (b) shall take effect on the date of the
enactment of this Act, shall apply to any act that occurred
before, on, or after the date of enactment, and shall apply
to any application for naturalization or any other benefit or
relief, or any other case or matter under the immigration
laws pending on or filed after the date of enactment of this
Act.
(2) Subsection (c).--The amendments made by subsection (c)
shall take effect as if included in the enactment of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458).
SEC. 623. PROHIBITION ON JUDICIAL REVIEW OF NATURALIZATION
APPLICATIONS FOR ALIENS IN REMOVAL PROCEEDINGS.
Section 318 of the Immigration and Nationality Act (8
U.S.C. 1429) is amended in its entirety to read as follows:
``(a) In General.--Except as otherwise provided in this
subchapter, no person shall be naturalized unless he has been
lawfully admitted to the United States for permanent
residence in accordance with all applicable provisions of
this chapter.
``(b) Burden of Proof.--The burden of proof shall be upon
such person to show that he entered the United States
lawfully, and the time, place, and manner of such entry into
the United States, but in presenting such proof he shall be
entitled to the production of his immigrant visa, if any, or
of other entry document, if any, and of any other documents
and records, not considered by the Attorney General to be
confidential, pertaining to such entry, in the custody of the
Service.
``(c) Limitations on Review.--Notwithstanding the
provisions of section 405(b), and except as provided in
sections 328 and 329 of this title--
``(1) No person shall be naturalized against whom there is
outstanding a final finding of deportability pursuant to a
warrant of arrest issued under the provisions of this chapter
or any other Act.
``(2)(A) No application for naturalization shall be
considered by the Secretary of Homeland Security or any court
if there is pending against the applicant any removal
proceeding or other proceeding to determine whether the
applicant's lawful permanent resident status should be
rescinded, regardless of when such proceeding was commenced.
``(B) The findings of the Attorney General in terminating
removal proceedings or in cancelling the removal of an alien
pursuant to the provisions of this Act, shall not be deemed
binding in any way upon the Secretary of Homeland Security
with respect to the question of whether such person has
established his or her eligibility for naturalization as
required by this Act.''.
SEC. 624. LIMITATION ON JUDICIAL REVIEW WHEN AGENCY HAS NOT
MADE DECISION ON NATURALIZATION APPLICATION AND
ON DENIALS.
(a) Limitation on Review of Pending Naturalization
Applications.--Subsection (b) of section 336 of the
Immigration and Nationality Act (8 U.S.C. 1447(b)) is amended
to read as follows:
``(b) Request for Hearing Before District Court.--If no
final administrative determination is made on an application
for naturalization under section 335 prior to the end of the
180-day period beginning on the date on which the Secretary
of Homeland Security completes all examinations and
interviews conducted under such section, as such terms are
defined by the Secretary pursuant to regulations, the
applicant may apply to the district court for the district in
which the applicant resides for a hearing on the matter. Such
court shall only have jurisdiction to review the basis for
delay and remand the matter to the Secretary for the
Secretary's determination on the application.''.
(b) Limitations on Review of Denial.--Subsection (c) of
section 310 of the Immigration and Nationality Act (8 U.S.C.
1421(c)) is amended to read as follows:
``(c) Judicial Review.--
``(1) Judicial review of denial.--A person whose
application for naturalization under this title is denied,
after a hearing before an immigration officer under section
336(a), may seek, not later than 120 days after the date of
the Secretary of Homeland Security's administratively final
determination on the application, review of such denial
before the United States district court for the district in
which such person resides in accordance with chapter 7 of
title 5, United States Code.
``(2) Burden of proof.--The burden shall be upon the
petitioner to show that the denial by the Secretary of
Homeland Security of the application for naturalization was
not supported by facially legitimate and bona fide reasons.
``(3) Limitations on review.--Except in a proceeding under
section 340, and notwithstanding any other provision of law,
including section 2241 of title 28, United States Code, any
other habeas corpus provision, and sections 1361 and 1651 of
such title, no court shall have jurisdiction to determine, or
to review a determination of the Secretary of Homeland
Security made at any time regarding, whether, for purposes of
an application for naturalization, an alien--
``(A) is a person of good moral character;
[[Page S4876]]
``(B) understands and is attached to the principles of the
Constitution of the United States; or
``(C) is well disposed to the good order and happiness of
the United States.''.
(c) Effective Date and Application.--The amendments made by
this subsection--
(1) shall take effect on the date of the enactment of this
Act;
(2) shall apply to any act that occurred before, on, or
after such date of enactment; and
(3) shall apply to any application for naturalization or
any other case or matter under the immigration laws that is
pending on, or filed after, such date of enactment.
SEC. 625. CLARIFICATION OF DENATURALIZATION AUTHORITY.
Section 340 of the Immigration and Nationality Act (8
U.S.C. 1451) is amended--
(1) in subsection (a), by striking ``United States
attorneys for the respective districts,'' and inserting
``Attorney General,''; and
(2) by striking subsection (c) and inserting the following:
``(c) Burden.--The burden of proof shall be on the
Government to establish, by clear, unequivocal, and
convincing evidence, that an order granting citizenship to an
alien should be revoked and a certificate of naturalization
cancelled because such order and certificate were illegally
procured or were procured by concealment of a material fact
or by willful misrepresentation.''.
SEC. 626. DENATURALIZATION OF TERRORISTS.
(a) Denaturalization for Terrorists Activities.--Section
340 of the Immigration and Nationality Act (8 U.S.C. 1451) is
amended by--
(1) redesignating subsection (d) through (h) as subsections
(f) through (j); and
(2) inserting new subsection (d) to read as follows:
``(d) Commission of Terrorist Acts After Naturalization.--
``(1) In general.--If a person who has been naturalized
shall, within 15 years following such naturalization,
participate in any act described in subsection (d)(2), such
act or acts shall be considered prima facie evidence that
such person was not attached to the principles of the
Constitution of the United States and was not well disposed
to the good order and happiness of the United States at the
time of naturalization, and, in the absence of countervailing
evidence, it shall be sufficient in the proper proceeding to
authorize the revocation and setting aside of the order
admitting such person to citizenship and the cancellation of
the certificate of naturalization as having been obtained by
concealment of a material fact or by willful
misrepresentation, and such revocation and setting aside of
the order admitting such person to citizenship and such
canceling of certificate of naturalization shall be effective
as of the original date of the order and certificate,
respectively.
``(2) Acts described.--The acts described in this paragraph
that shall subject an individual to denaturalization under
subsection (d)(1) are the following:
``(A) Any activity a purpose of which is the opposition to,
or the control or overthrow of, the Government of the United
States by force, violence, or other unlawful means.
``(B) Engaging in a terrorist activity (as defined in
clauses (iii) and (iv) of section 212(a)(3)(B)).
``(C) Incitement of terrorist activity under circumstances
indicating an intention to cause death or serious bodily
harm.
``(D) Receiving military-type training (as defined in
section 2339D(c)(1) of title 18, United States Code) from or
on behalf of any organization that, at the time the training
was received, was a terrorist organization (as defined in
section 212(a)(3)(B)(vi)).''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to acts that occur on or after such date.
SEC. 627. TREATMENT OF PENDING APPLICATIONS DURING
DENATURALIZATION PROCEEDINGS.
(a) Section 204(b) of the Immigration and Nationality Act
(8 U.S.C. 1154(b)) is amended by--
(1) inserting ``(1) In General.--Except as provided in
subsection (b)(2),'' before ``After'';
(2) revising the term ``After'' to read ``after''; and
(3) inserting new subsection (b)(2) to read as follows:
``(2) Treatment of petitions during pending
denaturalization proceedings. The Secretary shall not
adjudicate or approve any petition filed under this section
by an individual who has a judicial proceeding pending
against him or her that would result in the individual's
denaturalization under section 340 until such proceedings
have concluded and, if applicable, the period for appeal has
expired or any appeals have been finally decided.''.
(b) Section 340 of the Immigration and Nationality Act (8
U.S.C. 1451), as amended by section 626, is further amended
by inserting new subsection (e) to read as follows:
``(e) Withholding of Immigration Benefits During
Denaturalization Proceedings.--The Secretary shall not accept
or approve any application, petition, or request for any
immigration benefit from an individual against whom there is
a judicial proceeding pending that would result in the
individual's denaturalization under this section until such
proceedings have concluded and, if applicable, the period for
appeal has expired or any appeals have been finally
decided.''.
SEC. 628. NATURALIZATION DOCUMENT RETENTION.
(a) In General.--Chapter 2 of title III of the Immigration
and Nationality Act (8 U.S.C. 1421 et seq.) is amended by
inserting after section 344 the following:
``SEC. 345. NATURALIZATION DOCUMENT RETENTION.
``The Secretary shall retain the original paper
naturalization application and all supporting paper documents
submitted with the application at the time of filing for a
minimum of 7 years for law enforcement and national security
investigations and for litigation purposes, regardless of
whether such documents are scanned into U.S. Citizenship and
Immigration Services' electronic immigration system or stored
in any electronic format.''.
(b) Clerical Amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 344 the
following:
``Sec. 345. Naturalization document retention.''.
Subtitle C--Forfeiture of Proceeds From Passport and Visa Offences, and
Passport Revocation.
SEC. 631. FORFEITURE OF PROCEEDS FROM PASSPORT AND VISA
OFFENSES.
Section 981(a)(1) of title 18, United States Code, is
amended by adding at the end the following:
``(J) Any property, real or personal, that has been used to
commit or facilitate the commission of a violation of chapter
75, the gross proceeds of such violation, and any property
traceable to any such property or proceeds.''.
SEC. 632. PASSPORT REVOCATION ACT.
(a) Short Title.--This section may be cited as the
``Passport Revocation Act''.
(b) Revocation or Denial of Passports and Passport Cards to
Individuals Who Are Affiliated With Foreign Terrorist
Organizations.--The Act entitled ``An Act to regulate the
issue and validity of passports, and for other purposes'',
approved July 3, 1926 (22 U.S.C. 211a et seq.), which is
commonly known as the ``Passport Act of 1926'', is amended by
adding at the end the following:
``SEC. 5. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT
CARD.
``(a) Ineligibility.--
``(1) Issuance.--Except as provided under subsection (b),
the Secretary of State shall refuse to issue a passport or
passport card to any individual--
``(A) who has been convicted under chapter 113B of title
18, United States Code; or
``(B)(i) whom the Secretary has determined is a member of
or is otherwise affiliated with an organization the Secretary
has designated as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act (8
U.S.C. 1189); or
``(ii) has aided, abetted, or provided material support to
such an organization.
``(2) Revocation.--The Secretary of State shall revoke a
passport previously issued to any individual described in
paragraph (1).
``(b) Exceptions.--
``(1) Emergency circumstances, humanitarian reasons, and
law enforcement purposes.--Notwithstanding subsection (a),
the Secretary of State may issue, or decline to revoke, a
passport of an individual described in such subsection in
emergency circumstances, for humanitarian reasons, or for law
enforcement purposes.
``(2) Limitation for return to united states.--
Notwithstanding subsection (a)(2), the Secretary of State,
before revocation, may--
``(A) limit a previously issued passport for use only for
return travel to the United States; or
``(B) issue a limited passport that only permits return
travel to the United States.
``(c) Right of Review.--Any individual who, in accordance
with this section, is denied issuance of a passport by the
Secretary of State, or whose passport is revoked or otherwise
limited by the Secretary of State, may request a hearing
before the Secretary of State not later than 60 days after
receiving notice of such denial, revocation, or limitation.
``(d) Report.--If the Secretary of State denies, issues,
limits, or declines to revoke a passport or passport card
under subsection (b), the Secretary shall, not later than 30
days after such denial, issuance, limitation, or revocation,
submit to Congress a report on such denial, issuance,
limitation, or revocation, as the case may be.''.
TITLE VII--OTHER MATTERS
SEC. 701. OTHER IMMIGRATION AND NATIONALITY ACT AMENDMENTS.
(a) Notice of Address Change.--Subsection (a) of section
265 of the Immigration and Nationality Act (8 U.S.C. 1305(a))
is amended to read as follows:
``(a) Each alien required to be registered under this Act
who is within the United States shall notify the Secretary of
Homeland Security of each change of address and new address
within ten days from the date of such change and shall
furnish such notice in the manner prescribed by the
Secretary.''.
(b) Photographs for Naturalization Certificates.--Section
333 of the Immigration and Nationality Act (8 U.S.C. 1444) is
amended by adding at the end the following:
``(c) The Secretary may modify the technical requirements
of this section in the Secretary's discretion and as the
Secretary may deem necessary to provide for photographs
[[Page S4877]]
to be furnished and used in a manner that is efficient,
secure, and consistent with the developments in
technology.''.
SEC. 702. EXEMPTION FROM THE ADMINISTRATIVE PROCEDURE ACT.
Except where promulgation of regulations is specified in
this Act, chapter 5 of title 5, United States Code (commonly
known as the ``Administrative Procedures Act''), and any
other law relating to rulemaking, information collection, or
publication in the Federal Register, shall not apply to any
action to implement this Act, and the amendments made by this
Act, to the extent the Secretary, the Secretary of State, or
the Attorney General determines that compliance with any such
law would impede the expeditious implementation of this Act
or the amendments made by this Act.
SEC. 703. EXEMPTION FROM THE PAPERWORK REDUCTION ACT.
Chapter 35 of title 44, United States Code, shall not apply
to any action to implement this Act or the amendments made by
this Act to the extent the Secretary of Homeland Security,
the Secretary of State, or the Attorney General determines
that compliance with such law would impede the expeditious
implementation of this Act or the amendments made by this
Act.
SEC. 704. ABILITY TO FILL AND RETAIN DHS POSITIONS IN U.S.
TERRITORIES.
Section 530C of Title 28, United States Code, is amended--
(1) in subsection (a) by inserting ``or Department of
Homeland Security'' after ``Department of Justice'' and
inserting ``or Secretary of Homeland Security'' after
``Attorney'';
(2) in subsection (b)--
(A) in paragraph (1) introductory text by inserting ``or
Secretary of Homeland Security'' after ``Attorney General'';
(B) in paragraph (1)(K)(i) by inserting ``or within US
territories or commonwealths'' after ``outside United
States'' and ``or Secretary of Homeland Security'' after
``Attorney General'';
(C) in paragraph (1)(K)(ii) ``or Secretary of Homeland
Security'' after ``Attorney General'';
(D) in paragraph (2) by--
(i) in subparagraph (A) by striking ``for the Immigration
and Naturalization Service'' and inserting a ``.'' after
``Drug Enforcement Administration''; and
(ii) in subparagraph (A) by adding after ``.'' ``Further
funds available to the Secretary of Homeland Security;
(iii) in subparagraph (B) by striking ``and for the
Immigration and Naturalization Service'' and replacing with
``and for the Secretary of Homeland Security''; and
(E) in paragraph (5) by striking ``immigration and
naturalization service.--Funds available to the Attorney
General. . .'' and replacing with ``Department of homeland
security.-- Funds available to the Secretary of Homeland
Security. . .'';
(F) in paragraph (7) by inserting ``or the Secretary of
Homeland Security'' after ``Attorney General'' and striking
``the Immigration and Naturalization Service'' and replacing
with ``U.S. Immigration and Customs Enforcement'';
(3) in subsection (d) by inserting ``or Department of
Homeland Security'' after ``Department of Justice''.
SEC. 705. SEVERABILITY.
If any provision of this Act or any amendment made by this
Act, or any application of such provision or amendment to any
person or circumstance, is held to be unconstitutional, the
remainder of the provisions of this Act and the amendments
made by this Act and the application of the provision or
amendment to any other person or circumstance shall not be
affected.
SEC. 706. FUNDING.
(a) Implementation.--The Director of the Office of
Management and Budget shall determine and identify--
(1) the appropriation accounts from which the rescission
under subsection (a) shall apply; and
(2) the amount of the rescission that shall be applied to
each such account.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Office of
Management and Budget shall submit a report to Congress and
to the Secretary of the Treasury that describes the accounts
and amounts determined and identified under subsection (b)
for rescission under subsection (a).
(c) Exceptions.--This subsection shall not apply to
unobligated funds of--
(1) the Department;
(2) the Department of Defense; or
(3) the Department of Veterans Affairs.
TITLE VIII--TECHNICAL AMENDMENTS
SEC. 801. REFERENCES TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
SEC. 802. TITLE I TECHNICAL AMENDMENTS.
(a) Section 101.--
(1) Department.--Paragraph (8) of section 101(a) (8 U.S.C.
1101(a)(8)) is amended to read as follows:
``(8) The term `Department' means the Department of
Homeland Security.''.
(2) Immigrant.--Paragraph (15) of section 101(a) (8 U.S.C.
1101(a)(15)) is amended--
(A) in subparagraph (F)(i)--
(i) by striking the term ``Attorney General'' each place
that term appears and inserting ``Secretary''; and
(ii) by striking ``214(l)'' and inserting ``214(m)'';
(B) in subparagraph (H)(i)--
(i) in [subclause (b)], by striking ``certifies to the
Attorney General that the intending employer has filed with
the Secretary'' and inserting ``certifies to the Secretary of
Homeland Security that the intending employer has filed with
the Secretary of Labor''; and
(ii) in [subclause (c)], by striking ``certifies to the
Attorney General'' and inserting ``certifies to the Secretary
of Homeland Security''; and
(C) in subparagraph (M)(i), by striking the term ``Attorney
General'' each place that term appears and inserting
``Secretary''.
(3) Immigration officer.--Paragraph (18) of section 101(a)
(8 U.S.C. 1101(a)(18)) is amended by striking ``Service or of
the United States designated by the Attorney General,'' and
inserting ``Department or of the United States designated by
the Secretary,''.
(4) Secretary.--Paragraph (34) of section 101(a) (8 U.S.C.
1101(a)(34)) is amended to read as follows:
``(34) The term `Secretary' means the Secretary of Homeland
Security, except as provided in section 219(d)(4).''.
(5) Special immigrant.--Section 101(a)(27)(L)(iii) (8
U.S.C. 1101(a)(27)(L)(iii)) is amended by adding a semicolon
and ``or'' at the end.
(6) Managerial capacity; executive capacity.--Subparagraph
(C) of section 101(a)(44) (8 U.S.C. 1101(a)(44)(C)) is
amended by striking ``Attorney General'' and inserting
``Secretary''.
(7) Order of removal.--Subparagraph (A) of section
101(a)(47) (8 U.S.C. 1101(a)(47)(A)) is amended to read as
follows:
``(A) The term `order of removal' means the order of the
immigration judge, or other such administrative officer to
whom the Attorney General or the Secretary has delegated the
responsibility for determining whether an alien is removable,
concluding that the alien is removable or ordering
removal.''.
(8) Title i and ii definitions.--Subsection (b) of section
101 is amended--
(A) in paragraph (1)(F)(i), by striking ``Attorney
General'' and inserting ``Secretary''; and
(B) in paragraph (4), by striking ``Immigration and
Naturalization Service.'' and inserting ``Department.''.
(b) Section 103.--
(1) In general.--Section 103 (8 U.S.C. 1103) is amended by
striking the section heading and subsection (a)(1) and
inserting the following:
``SEC. 103. POWERS AND DUTIES.
``(a)(1) The Secretary shall be charged with the
administration and enforcement of this Act and all other laws
relating to the immigration and naturalization of aliens,
except insofar as this Act or such laws relate to the powers,
functions, and duties conferred upon the President, Attorney
General, the Secretary of Labor, the Secretary of
Agriculture, the Secretary of Health and Human Services, the
Commissioner of Social Security, the Secretary of State, the
officers of the Department of State, or diplomatic or
consular officers: Provided, however, That a determination
and ruling by the Attorney General with respect to all
questions of law shall be controlling.''.
(2) Technical and conforming corrections.--Subsection of
section 103 (8 U.S.C. 1103), as amended by paragraph (1), is
further amended--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``He'' and inserting
``The Secretary'';
(ii) in paragraph (3)--
(I) by striking ``He'' and inserting ``The Secretary'';
(II) by striking ``he'' and inserting ``the Secretary'';
and
(III) by striking ``his authority'' and inserting ``the
authority of the Secretary'';
(iii) in paragraph (4)--
(I) by striking ``He'' and inserting ``The Secretary''; and
(II) by striking ``Service or the Department of Justice''
and insert the ``Department'';
(iv) in paragraph (5)--
(I) by striking ``He'' and inserting ``The Secretary'';
(II) by striking ``his discretion,'' and inserting ``the
discretion of the Secretary,'' and
(III) by striking ``him'' and inserting ``the Secretary'';
(v) in paragraph (6)--
(I) by striking ``He'' and inserting ``The Secretary'';
(II) by striking ``Department'' and inserting ``agency,
department,''; and
(III) by striking ``Service.'' and inserting ``Department
or upon consular officers with respect to the granting or
refusal of visas'';
(vi) in paragraph (7)--
(I) by striking ``He'' and inserting ``The Secretary'';
(II) by striking ``countries;'' and inserting
``countries'';
(III) by striking ``he'' and inserting ``the Secretary'';
and
(IV) by striking ``his judgment'' and inserting ``the
judgment of the Secretary'';
(vii) in paragraph (8), by striking ``Attorney General''
and inserting ``Secretary'';
(viii) in paragraph (10), by striking ``Attorney General''
each place that term appears and inserting ``Secretary''; and
[[Page S4878]]
(ix) in paragraph (11), by striking ``Attorney General,''
and inserting ``Secretary,'';
(B) by amending subsection (c) to read as follows:
``(c) Secretary; Appointment.--The Secretary shall be a
citizen of the United States and shall be appointed by the
President, by and with the advice and consent of the Senate.
The Secretary shall be charged with any and all
responsibilities and authority in the administration of the
Department and of this Act. The Secretary may enter into
cooperative agreements with State and local law enforcement
agencies for the purpose of assisting in the enforcement of
the immigration laws.'';
(C) in subsection (e)--
(i) in paragraph (1), by striking ``Commissioner'' and
inserting ``Secretary''; and
(ii) in paragraph (2), by striking ``Service'' and
inserting ``U.S. Citizenship and Immigration Services'';
(D) in subsection (f)--
(i) by striking ``Attorney General'' and inserting
``Secretary'';
(ii) by striking ``Immigration and Naturalization Service''
and inserting ``Department''; and
(iii) by striking ``Service,'' and inserting
``Department,''; and
(E) in subsection (g)(1), by striking ``Immigration Reform,
Accountability and Security Enhancement Act of 2002'' and
inserting ``Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135)''.
(3) Clerical amendment.--The table of contents in the first
section is amended by striking the item relating to section
103 and inserting the following:
``Sec. 103. Powers and duties.''.
(c) Section 105.--Section 105(a) is amended (8 U.S.C.
1105(a)) by striking ``Commissioner'' each place that term
appears and inserting ``Secretary''.
SEC. 803. TITLE II TECHNICAL AMENDMENTS.
(a) Section 202.--Section 202(a)(1)(B) (8 U.S.C.
1152(a)(1)(B)) is amended by inserting ``the Secretary or''
after ``the authority of'',
(b) Section 203.--Section 203 (8 U.S.C. 1153) is amended--
(1) in subsection (b)(2)(B)(ii)--
(A) in subclause (II)--
(i) by inserting ``the Secretary or'' before ``the Attorney
General''; and
(ii) by moving such subclause 4 ems to the left; and
(B) by moving subclauses (III) and (IV) 4 ems to the left;
and
(2) in subsection (g)--
(A) by striking ``Secretary's'' and inserting ``Secretary
of State's''; and
(B) by inserting ``of State'' after ``but the Secretary''.
(c) Section 204.--Section 204 (8 U.S.C. 1154) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B)(i)--
(i) by redesignating the second subclause (I), as added by
section 402(a)(3)(B) of the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248), as subclause (II);
and
(ii) indenting the left margin of such subclause two ems
from the left margin; and
(B) in subparagraph (G)(ii), by inserting ``of State''
after ``by the Secretary'';
(2) in subsection (c), by inserting ``the Secretary or''
before ``the Attorney General'' each place that term appears;
and
(3) in subsection (e), by inserting ``to'' after
``admitted''.
(d) Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``the Secretary of Homeland Security or''
before ``Attorney General'' in subparagraph (A);
(B) by inserting ``the Secretary of Homeland Security or''
before ``Attorney General'' in subparagraph (D);
(2) in subsection (b)(2) by inserting ``the Secretary of
Homeland Security or'' before ``Attorney General'' wherever
the term appears;
(3) in subsection (c)(1), by striking ``the Attorney
General'' and inserting ``the Secretary of Homeland
Security'';
(4) in paragraphs (2) and (3) of subsection (c), by
inserting ``the Secretary of Homeland Security or'' before
``Attorney General''; and
(5) in subsection (d)--
(A) in paragraph (1), by inserting ``the Secretary of
Homeland Security or'' before ``the Attorney General'',
(B) in paragraph (2), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(C) in paragraph (3)--
(i) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(ii) by striking ``Attorney General's'' and inserting
``Secretary's''.
(D) in paragraphs (4) through (6), by inserting ``the
Secretary of Homeland Security or'' before ``the Attorney
General''; and
(e) Section 209.--Section 209(a)(1)(A) (8 U.S.C.
1159(a)(1)(A)) is amended by striking ``Secretary of Homeland
Security or the Attorney General'' each place that term
appears and inserting ``Secretary''.
(f) Section 212.--Section 212 (8 U.S.C. 1182) is amended--
(1) in subsection (a)--
(A) in paragraphs (2)(C), (2)(H)(ii), (2)(I), (3)(A), and
(3)(B)(ii)(II), by inserting ``, the Secretary,'' before ``or
the Attorney General'' each place that term appears;
(B) in paragraph (3)(D), by inserting ``the Secretary or''
before ``the Attorney General'' each place that term appears;
(C) in paragraph (4)--
(i) in subparagraph (A), by inserting ``the Secretary or''
before ``the Attorney General''; and
(ii) in subparagraph (B), by inserting ``, the Secretary,''
before ``or the Attorney General'' each place that term
appears;
(D) in paragraph (5)(C), by striking ``or, in the case of
an adjustment of status, the Attorney General, a certificate
from the Commission on Graduates of Foreign Nursing Schools,
or a certificate from an equivalent independent credentialing
organization approved by the Attorney General'' and inserting
``or, in the case of an adjustment of status, the Secretary
or the Attorney General, a certificate from the Commission on
Graduates of Foreign Nursing Schools, or a certificate from
an equivalent independent credentialing organization approved
by the Secretary'';
(E) in paragraph (9)--
(i) in subparagraph (B)(v)--
(I) by inserting ``or the Secretary'' after ``Attorney
General'' each place that term appears; and
(II) by striking ``has sole discretion'' and inserting
``have discretion''; and
(ii) in subparagraph (C)(iii), by inserting ``or the
Attorney General'' after ``Secretary of Homeland Security'';
and
(F) in paragraph (10)(C), in clauses (ii)(III) and
(iii)(II), by striking ``Secretary's'' and inserting
``Secretary of State's'';
(2) in subsection (d), in paragraphs (11) and (12), by
inserting ``or the Secretary'' after ``Attorney General''
each place that term appears;
(3) in subsection (e), by striking the first proviso and
inserting ``Provided, That upon the favorable recommendation
of the Director, pursuant to the request of an interested
United States Government agency (or, in the case of an alien
described in clause (iii), pursuant to the request of a State
Department of Public Health, or its equivalent), or of the
Secretary after the Secretary has determined that departure
from the United States would impose exceptional hardship upon
the alien's spouse or child (if such spouse or child is a
citizen of the United States or a lawfully resident alien),
or that the alien cannot return to the country of his or her
nationality or last residence because the alien would be
subject to persecution on account of race, religion, or
political opinion, the Secretary may waive the requirement of
such two-year foreign residence abroad in the case of any
alien whose admission to the United States is found by the
Secretary to be in the public interest except that in the
case of a waiver requested by a State Department of Public
Health, or its equivalent, or in the case of a waiver
requested by an interested United States Government agency on
behalf of an alien described in clause (iii), the waiver
shall be subject to the requirements under section 214(l):''.
(4) in subsections (g), (h), (i), and (k), by inserting
``or the Secretary'' after ``Attorney General'' each place
that term appears;
(5) in subsection (m)(2)(E)(iv), by inserting ``of Labor''
after ``Secretary'' the second and third place that term
appears;
(6) in subsection (n), by inserting ``of Labor'' after
``Secretary'' each place that term appears, except that this
amendment shall not apply to references to the ``Secretary of
Labor''; and
(7) in subsection (s), by inserting ``, the Secretary,''
before ``or the Attorney General''.
(g) Section 213A.--Section 213A (8 U.S.C. 1183a) is
amended--
(1) in subsection (a)(1), in the matter preceding paragraph
(1), by inserting ``, the Secretary,'' after ``the Attorney
General''; and
(2) in subsection (f)(6)(B), by inserting ``the
Secretary,'' after ``The Secretary of State,''.
(h) Section 214.--Subparagraph (A) of section 214(c)(9) (8
U.S.C. 1184(c)(9)(A) is amended, in the matter preceding
clause (i), by striking ``before''.
(i) Section 217.--Section 217 (8 U.S.C. 1187) is amended--
(1) in subsection (e)(3)(A), by inserting a comma after
``Regulations'';
(2) in subsection (f)(2)(A), by striking ``section
(c)(2)(C),'' and inserting ``subsection (c)(2)(C),''; and
(3) in subsection (h)(3)(A), by striking ``the'' before
``alien'' and inserting ``an''.
(j) Section 218.--Section 218 (8 U.S.C. 1188) is amended--
(1) by inserting ``of Labor'' after ``Secretary'' each
place that term appears, except that this amendment shall not
apply to references to the ``Secretary of Labor'' or to the
``Secretary of Agriculture'';
(2) in subsection (c)(3)(B)(iii), by striking
``Secretary's'' and inserting ``Secretary of Labor's''; and
(3) in subsection (g)(4), by striking ``Secretary's'' and
inserting ``Secretary of Agriculture's''.
(k) Section 219.--Section 219 (8 U.S.C. 1189) is amended--
(1) in subsection (a)(1)(B)--
(A) by inserting a close parenthetical after ``section
212(a)(3)(B)''; and
(B) by deleting ``terrorism);'' and inserting
``terrorism;'';
(2) in subsection (c)(3)(D), by striking ``(2),'' and
inserting ``(2);''; and
(3) in subsection (d)(4), by inserting ``Secretary of
Homeland Security,'' after ``with the''.
(l) Section 222.--Section 222 (8 U.S.C. 1202)--
(1) by inserting ``or the Secretary'' after ``Secretary of
State'' each place that term appears; and
[[Page S4879]]
(2) in subsection (f)--
(A) in the matter preceding paragraph (1), by inserting ``,
the Department,'' after ``Department of State''; and
(B) in paragraph (2), by striking ``Secretary's'' and
inserting ``their''.
(m) Section 231.--Section 231 (8 U.S.C. 1221) is amended--
(1) in subsection (c)(10), by striking ``Attorney
General,'' and inserting ``Secretary,'';
(2) in subsection (f), by striking ``Attorney General''
each place that term appears and inserting ``Secretary'';
(3) in subsection (g)--
(A) by striking ``of the Attorney General'' and inserting
``of the Secretary'';
[(B) by striking ``by the Attorney General'' and inserting
``by the Secretary''; and]
(C) by striking ``Commissioner'' each place that term
appears and inserting ``Secretary''; and
(4) in subsection (h), by striking ``Attorney General''
each place that term appears and inserting ``Secretary''.
(n) Section 236.--Section 236 (8 U.S.C. 1226) is amended--
(1) in subsection (a)(2)(A), by inserting ``the Secretary
or'' before ``the Attorney General'' the third place that
term appears; and
(2) in subsection (e)--
(A) by striking ``review.'' and inserting ``review, other
than administrative review by the Attorney General pursuant
to the authority granted by section 103(g).''; and
(B) by inserting ``the Secretary or'' before ``Attorney
General under''.
(o) Section 236A.--Paragraph (4) of section 236A(a) (8
U.S.C. 1226a(a)(4)) is amended by striking ``Deputy Attorney
General'' both places that term appears and inserting
``Deputy Secretary of Homeland Security''.
(p) Section 237.--Section 237(a) (8 U.S.C. 1227(a)) is
amended--
(1) in the matter preceding paragraph (1), by inserting
``following the initiation by the Secretary of removal
proceedings'' after ``upon the order of the Attorney
General''; and
(2) in the heading of subparagraph (E) of paragraph (2), by
striking ``CHILDREN AND.--'' and inserting ``CHILDREN.--''.
(q) Section 238.--Section 238 (8 U.S.C. 1228) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``Attorney General'' each
place that term appears and inserting ``Secretary''; and
(B) in paragraphs (3) and (4)(A), by inserting ``and the
Secretary'' after ``Attorney General'' each place that term
appears;
(2) in subsection (b)--
(A) in paragraph (3) and (4), by striking ``Attorney
General'' each place the term appears and inserting
``Secretary of Homeland Security''; and
(B) in paragraph (5) by inserting ``or the Secretary''
after ``Attorney General''; and
(3) in subsection (d), as so redesignated--
(A) by striking ``Commissioner'' and ``Attorney General''
each place those terms appear and inserting ``Secretary'';
and
(B) in subparagraph (D)(iv), by striking ``Attorney
General'' and inserting ``United States Attorney''.
(r) Section 239.--Section 239(a)(1) (8 U.S.C. 1229(a)(1))
is amended by inserting ``and the Secretary'' after
``Attorney General'' each place that term appears.
(s) Section 240.--Section 240 (8 U.S.C. 1229a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``, with the concurrence
of the Secretary with respect to employees of the
Department'' after ``Attorney General''; and
(B) in paragraph (5)(A), by inserting ``the Secretary or''
before ``the Attorney General''; and
(2) in subsection (c)--
(A) in paragraph (2), by inserting ``, the Secretary of
State, or the Secretary'' before ``to be confidential''; and
[(B) in paragraph (7)(C)(iv)(I)), by striking the extra
comma after the second reference to the term ``this title''.
Note: please clarify how to execute this amendment.]
(t) Section 240A.--Section 240A(b) (8 U.S.C. 1229b(b)) is
amended--
(1) in paragraph (3), by striking ``Attorney General
shall'' and inserting ``Secretary shall''; and
(2) in paragraph (4)(A), by striking ``Attorney General''
and inserting ``Secretary''.
(u) Section 240B.--Section 240B (8 U.S.C. 1229c) is
amended--
(1) in paragraphs (1) and (3) of subsection (a), by
inserting ``or the Secretary'' after ``Attorney General'';
and
(2) in subsection (c), by inserting ``and the Secretary''
after ``Attorney General''.
(v) Section 241.--Section 241 (8 U.S.C. 1231) is amended--
(1) in subsection (a)(4)(B)(i), by inserting a close
parenthetical after ``(L)'';
(2) in paragraph (2) of subsection (g)--
(A) by striking the paragraph heading and inserting
``Detention facilities of the department of homeland
security.--'';
(B) by striking ``Service,'' and inserting ``Department'';
and
(C) by striking ``Commissioner'' and inserting
``Secretary''.
(w) Section 242.--Section 242(g) (8 U.S.C. 1252(g)) is
amended by inserting ``the Secretary or'' before ``the
Attorney General''.
(x) Section 243.--Section 243 (8 U.S.C. 1253) is amended--
(1) in subparagraphs (A) and (B) of subsection (c)(1)--
(A) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary''; and
(B) by striking ``Commissioner'' each place that term
appears and inserting ``Secretary''; and
(2) in subsection (d), by inserting ``of State'' after
``notifies the Secretary''.
(y) Section 244.--Section 244 (8 U.S.C. 1254a) is amended--
(1) in subsection (c)(2), by inserting ``or the Secretary''
after ``Attorney General'' each place the term appears; and
(2) in subsection (g), by inserting ``or the Secretary''
after ``Attorney General''.
(z) Section 245.--Section 245 (8 U.S.C. 1255) is amended--
(1) by inserting ``or the Secretary'' after ``Attorney
General'' each place that term appears except in subsections
(j) (other than the first reference), (l), and (m);
(2) in subsection (c), striking the comma after ``section
101(a)(15)(S)'' and inserting a semicolon;
(3) in subsection (k)(1), adding an ``and'' at the end;
(4) in subsection (l)--
(A) in paragraph (1), by inserting a comma after
``appropriate''; and
(B) in paragraph (2)--
(i) in the matter preceding paragraph (1), by striking
``Attorney General's'' and inserting ``Secretary's''; and
(ii) in subparagraph (B), by striking ``(10(E))'' and
inserting ``(10)(E))''.
(aa) Section 245A.--Section 245A (8 U.S.C. 1255a) is
amended--
(1) by striking subparagraph (C) of subsection (c)(7); and
(2) in subsection (h)(5)--
[(A) in subparagraph (A), by striking the second reference
to ``The''; and Note: Please clarify how to execute this
amendment]
(3) striking ``(Public Law 96-122),'' and inserting
``(Public Law 96-422),''.
(bb) Section 246.--Section 246(a) (8 U.S.C. 1256(a)) is
amended--
(1) by inserting ``or the Secretary'' after ``of the
Attorney General'';
(2) by inserting ``or the Secretary'' after ``status, the
Attorney General''; and
(3) by striking ``Attorney General to rescind'' and
inserting ``Secretary to rescind''.
(cc) Section 249.--Section 249 (8 U.S.C. 1259) is amended
by inserting ``or the Secretary'' after ``Attorney General''
each place that term appears.
(dd) Section 251.--Subsection (d) of section 251 (8 U.S.C.
1281(d)) is amended by striking ``Attorney General'' and
``Commissioner'' each place those terms appear and inserting
``Secretary''.
(ee) Section 254.--Subsection (a) of section 254 (8 U.S.C.
1284(a)) is amended by striking ``Commissioner'' each place
that term appears and inserting ``Secretary''.
(ff) Section 255.--Section 255 (8 U.S.C. 1285) is amended
by striking ``Commissioner'' each place that term appears and
inserting ``Secretary''.
(gg) Section 256.--Section 256 (8 U.S.C. 1286) is amended--
(1) by striking ``Commissioner'' each place that term
appears and inserting ``Secretary'';
(2) in the first and second sentences, by striking
``Attorney General'' each places that term appears and
inserting ``Secretary''.
(hh) Section 258.--Section 258 (8 U.S.C. 1288) is amended--
(1) by inserting ``of Labor'' after ``Secretary'' each
place that term appears, except that this amendment shall not
apply to references to the ``Secretary of Labor'', [the
Secretary of State,] or to subsection (e)(2);
(2) in subsection (d)(2)(A), by striking ``at'' after
``while''; and
(3) in subsection (e)(2), by striking ``the Secretary
shall'' and inserting ``the Secretary of State shall''.
(ii) Section 264.--Section 264(f) (8 U.S.C. 1304) is
amended by striking ``Attorney General is'' and inserting
``Attorney General and Secretary are''.
(jj) Section 272.--Section 272 (8 U.S.C. 1322) is amended
by striking ``Commissioner'' each place that term appears and
inserting ``Secretary''.
(kk) Section 273.--Section 273 (8 U.S.C. 1323) is amended--
(1) by striking ``Commissioner'' each place that term
appears and inserting ``Secretary''; and
(2) by striking ``Attorney General'' each place that term
appears, except in subsection (e) in the matter preceding
paragraph (1), and inserting ``Secretary''.
(ll) Section 274.--Section 274(b)(2) (8 U.S.C. 1324(b)(2))
is amended by striking ``Secretary of the Treasury'' and
inserting ``Secretary''.
(mm) Section 274B.--Paragraph (2) of section 274B(f) (8
U.S.C. 1324b(f)(2)) is amended by striking ``subsection'' and
inserting ``section''.
(nn) Section 274C.--Section 274C(d)(2)(A) (8 U.S.C.
1324c(d)(2)(A)) is amended by inserting ``or the Secretary''
after ``subsection (a), the Attorney General''.
(oo) Section 274D.--Section 274D (8 U.S.C. 1324d) is
amended in subsection (a)(2) of section 274D(a) (8 U.S.C.
1324d(a)(2)) is amended by striking ``Commissioner'' and
inserting ``Secretary''.
(pp) Section 286.--Section 286 (8 U.S.C. 1356) is amended--
(1) in subsection (q)(1)(B), by striking ``, in
consultation with the Secretary of the Treasury,'';
(2) in subsection (r)(2), by striking ``section
245(i)(3)(b)'' and inserting ``section 245(i)(3)(B)'';
(3) in subsection (s)(5)--
(A) by striking ``5 percent'' and inserting ``Use of fees
for duties relating to petitions.--Five percent''; and
[[Page S4880]]
(4) by striking ``paragraph (1) (C) or (D) of section 204''
and inserting ``subparagraph (C) or (D) of section
204(a)(1)''; and
(5) in subsection (v)(2)(A)(i), by adding ``of'' after
``number''.
(qq) Section 294.--Section 294 (8 U.S.C. 1363a) is
amended--
(1) in the undesignated matter following paragraph (4) of
subsection (a), by striking ``Commissioner, in consultation
with the Deputy Attorney General,'' and inserting
``Secretary''; and
(2) in subsection (d), by striking ``Deputy Attorney
General'' and inserting ``Secretary''.
SEC. 804. TITLE III TECHNICAL AMENDMENTS.
(a) Section 316.--Section 316 (8 U.S.C. 1427) is amended--
(1) in subsection (d), by inserting ``or by the Secretary''
after ``Attorney General''; and
(2) in subsection (f)(1), by striking ``Intelligence, the
Attorney General and the Commissioner of Immigration'' and
inserting ``Intelligence and the Secretary''.
(b) Section 322.--Paragraph (1) of section 322(a) (8 U.S.C.
1433(a)) is amended--
(1) by inserting ``is'' before ``(or,''; and
(2) by striking ``is'' before ``a citizen''.
(c) Section 342.--
(1) Section heading.--
(A) In general.--Section 342 (8 U.S.C. 1453) is amended by
striking the section heading and inserting ``cancellation of
certificates; action not to affect citizenship status''.
(B) Clerical amendment.--The table of contents in the first
section is amended by striking the item relating to section
342 and inserting the following:
``Sec. 342. Cancellation of certificates; action not to affect
citizenship status.''.
(2) In general.--Section 342 (8 U.S.C. 1453) is amended--
(A) by striking ``heretofore issued or made by the
Commissioner or a Deputy Commissioner or hereafter made by
the Attorney General''; and
(B) by striking ``practiced upon, him or the Commissioner
or a Deputy Commissioner;''.
SEC. 805. TITLE IV TECHNICAL AMENDMENTS.
Clause (i) of section 412(a)(2)(C) (8 U.S.C.
1522(a)(2)(C)(i)) is amended by striking ``insure'' and
inserting ``ensure''.
SEC. 806. TITLE V TECHNICAL AMENDMENTS.
(a) Section 504.--Section 504 (8 U.S.C. 1534) is amended--
(1) in subsection (a)(1)(A), by striking ``a'' before
``removal proceedings'';
(2) in subsection (i), by striking ``Attorney General''
inserting ``Government''; and
(3) in subsection (k)(2), by striking ``by''.
(b) Section 505.--Section 505(e)(2) (8 U.S.C. 1535(e)(2))
is amended by inserting ``and the Secretary'' after
``Attorney General''.
SEC. 807. OTHER AMENDMENTS.
(a) Correction of Commissioner of Immigration and
Naturalization.--
(1) In general.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) as amended by this Act, is further
amended by striking ``Commissioner'' and ``Commissioner of
Immigration and Naturalization'' each place those terms
appear and inserting ``Secretary''.
(2) Exception for commissioner of social security.--The
amendment made by paragraph (1) shall not apply to any
reference to the ``Commissioner of Social Security''.
(b) Correction of Immigration and Naturalization Service.--
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
as amended by this Act, is further amended by striking
``Service'' and ``Immigration and Naturalization Service''
each place those terms appear and inserting ``Department''.
(c) Correction of Department of Justice.--
(1) In general.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.), as amended by this Act, is further
amended by striking ``Department of Justice'' each place that
term appears and inserting ``Department''.
(2) Exceptions.--The amendment made by paragraph (1) shall
not apply in subsections (d)(3)(A) and (r)(5)(A) of section
214 (8 U.S.C. 1184), section 274B(c)(1) (8 U.S.C.
1324b(c)(1)), or title V (8 U.S.C. 1531 et seq.).
(d) Correction of Attorney General.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) as amended by this
Act, is further amended by striking ``Attorney General'' each
place that term appears and inserting ``Secretary'', except
for in the following:
(1) Any joint references to the ``Attorney General and the
Secretary of Homeland Security'' or ``the Secretary of
Homeland Security and the Attorney General''.
(2) Section 101(a)(5).
(3) Subparagraphs (S), (T), and (V) of section 101(a)(15).
(4) Section 101(a)(47)(A).
(5) Section 101(b)(4).
(6) Section 103(a)(1).
(7) Section 103(g).
(8) Section 105(b)(1).
(9) Section 105(c).
(10) Section 204(c).
(11) Section 208.
(12) Section 212(a)(2)(C).
(13) Section 212(a)(2)(H).
(14) Section 212(a)(2)(I).
(15) Section 212(a)(3)(A).
(16) Section 212(a)(3)(B)(ii)(II).
(17) Section 212(a)(3)(D).
(18) Section 212(a)(4).
(19) Section 212(a)(9)(B)(v).
(20) Section 212(a)(9)(C)(iii).
(21) Section 212(d)(11).
(22) Section 212(d)(12).
(23) Section 212(g).
(24) Section 212(h).
(25) Section 212(i).
(26) Section 212(k).
(27) Section 212(s).
[(28) Section 213A(a)(1).]
[(29) Section 213A(f)(6)(B).]
(30) Section 216(d)(2)(c).
(31) Section 219(d)(4).
(32) Section 235(b)(1)(B)(iii)(III).
(33) The second sentence of section 236(e).
(34) Section 237.
(35) Section 238(a)(1).
(36) Section 238(a)(3).
(37) Section 238(a)(4)(A).
(38) Section 238(b)(1).
(39) Section 238(b)(5).
(40) Section 238(c)(2)(D)(iv).
(41) Section 239(a).
(42) Section 239(b).
(43) Section 240.
(44) Section 240A.
(45) Section 240B(a)(1).
(46) Section 240B(a)(3).
(47) Section 240B(b).
(48) Section 240B(c).
(49) The first reference in section 241(a)(4)(B)(i).
(50) Section 241(b)(3) (except for the first reference in
subparagraph (A), to which the amendment shall apply).
(51) Section 241(i) (except for paragraph (3)(B)(i), to
which the amendment shall apply).
(52) Section 242(a)(2)(B).
(53) Section 242(b) (except for paragraph (8), to which the
amendment shall apply).
(54) Section 242(g).
(55) Section 244(a)(3)(C).
(56) Section 244(c)(2).
(57) Section 244(e).
(58) Section 244(g).
(59) Section 245 (except for subsection (i)(1)(B)(i),
subsection (i)(3)) and the first reference to the Attorney
General in subsection 245(j)).
(60) Section 245A(a)(1)(A).
(61) Section 246(a).
(62) Section 249.
(63) Section 264(f).
(64) Section 274(e).
(65) Section 274A.
(66) Section 274B.
(67) Section 274C.
(68) Section 292.
(69) Section 316(d).
(70) Section 316(f)(1).
(71) Section 342.
(72) Section 412(f)(1)(A).
(73) Title V (except for subsections 506(a)(1) and 507(b),
(c), and (d) (first reference), to which the amendment shall
apply).
SEC. 808. REPEALS; CONSTRUCTION.
(a) Repeals.--
(1) Immigration and naturalization service.--
(A) In general.--Section 4 of the Act of February 14, 1903
(32 Stat. 826, chapter 552; 8 U.S.C. 1551) is repealed.
(B) 8 u.s.c. 1551.--The language of the compilers set out
in section 1551 of title 8 of the United States Code shall be
removed from the compilation of such title 8.
(2) Commissioner of immigration and naturalization;
office.--
(A) In general.--Section 7 of the Act of March 3, 1891 (26
Stat. 1085, chapter 551; 8 U.S.C. 1552) is repealed.
(B) 8 u.s.c. 1552.--The language of the compilers set out
in section 1552 of title 8 of the United States Code shall be
removed from the compilation of such title 8.
(3) Assistant commissioners and district director;
compensation and salary grade.--Title II of the Department of
Justice Appropriation Act, 1957 (70 Stat. 307, chapter 414; 8
U.S.C. 1553) is amended in the matter under the heading
``Immigration and Naturalization Service'' and under the
subheading ``SALARIES AND EXPENSES'' by striking ``That the
compensation of the five assistant commissioners and one
district director shall be at the rate of grade GS-16:
Provided further''.
(4) Special immigrant inspectors at washington.--The Act of
March 2, 1895 (28 Stat. 780, chapter 177; 8 U.S.C. 1554) is
amended in the matter following the heading ``Bureau of
Immigration:'' by striking ``That hereafter special immigrant
inspectors, not to exceed three, may be detailed for duty in
the Bureau at Washington: And provided further,''.
(b) Construction.--Nothing in this title shall be construed
to repeal or limit the applicability of sections 462 and 1512
of the Homeland Security Act of 2002 (6 U.S.C. 279 and 552)
with respect to any provision of law or matter not
specifically addressed by the amendments made by this title.
SEC. 809. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Correction to the Intelligence Reform and Terrorism
Prevention Act of 2004.--Section 5502(b) of the Intelligence
Reform and Terrorism Prevention Act of 2004, Pub. L. 108-458,
in amended by striking ``(E) Participated in the commission
of severe violations of religious freedom.'' and inserting
``(F) Participated in the commission of severe violations of
religious freedom''.
(b) Conforming Amendment to the Child Soldiers
Accountability Act of 2008.--Section 2(c) of the Child
Soldier's Accountability Act of 2008, Pub. L. 110-340, in
amended by striking ``(F) Recruitment or use of child
soldiers.'' and inserting ``(G) Recruitment or use of child
soldiers.''.
(c) Central Intelligence Agency Act of 1949.--Section 7 of
the Central Intelligence
[[Page S4881]]
Agency Act of 1949 (50 U.S.C. 3508) is amended by striking
``Commissioner of Immigration'' and inserting ``Secretary of
Homeland Security''.
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