[Congressional Record Volume 163, Number 132 (Thursday, August 3, 2017)]
[Senate]
[Pages S4833-S4881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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

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     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.

[[Page S4836]]

       (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.--

[[Page S4843]]

       (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''.

                          ____________________