[Congressional Record Volume 164, Number 28 (Tuesday, February 13, 2018)]
[Senate]
[Pages S910-S927]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1943. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 2579, to amend the Internal Revenue Code of 
1986 to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. TERMINATION OF DIVERSITY IMMIGRANT VISA PROGRAM.

       (a) Repeal.--Section 203 of the Immigration and Nationality 
     Act (8 U.S.C. 1153) is amended by striking subsection (c).
       (b) Technical and Conforming Amendments.--Title II of the 
     Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is 
     amended--
       (1) in section 201--
       (A) in subsection (a)--
       (i) in paragraph (1), by adding ``and'' at the end;
       (ii) in paragraph (2), by striking ``; and'' and inserting 
     a period; and
       (iii) by striking paragraph (3); and
       (B) by striking subsection (e);
       (2) in section 203--
       (A) by striking subsection (c);
       (B) in subsection (d), by striking ``subsection (a), (b), 
     or (c)'' and inserting ``subsection (a) or (b)'';
       (C) in subsection (e)--
       (i) by striking paragraph (2); and
       (ii) by redesignating paragraph (3) as paragraph (2);
       (D) in subsection (f), by striking ``subsection (a), (b), 
     or (c) of this section'' and inserting ``subsection (a) or 
     (b)'';
       (E) in subsection (g), by striking ``subsections (a), (b), 
     and (c)'' and inserting ``subsections (a) and (b)''; and
       (F) in subsection (h)(2)(B), by striking ``subsection (a), 
     (b), or (c)'' and inserting ``subsection (a) or (b)''; and
       (3) in section 204--
       (A) in subsection (a)(1), by striking subparagraph (I);
       (B) in subsection (e), by striking ``subsection (a), (b), 
     or (c)'' and inserting ``subsection (a) or (b)''; and
       (C) in subsection (l)(2)(B), by striking ``section 203 (a) 
     or (d)'' and inserting ``subsection (a) or (d) of section 
     203''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsections (a) and (b) shall take effect 
     on the date of the enactment of this Act.
       (2) Selectees.--Notwithstanding paragraph (1), any alien 
     who registered for the Diversity Immigrant Visa Program and 
     received notification before the date of the enactment of 
     this Act that he or she has been selected to apply for a 
     diversity immigrant visa under section 203(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(c)) may submit 
     an application for such visa under the applicable provisions 
     of law in effect on the day before such date of enactment.
                                 ______
                                 
  SA 1944. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 2579, to amend the Internal Revenue Code of 
1986 to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. STATUS VERIFICATION FOR REMITTANCE TRANSFERS.

       (a) In General.--Section 919 of the Electronic Fund 
     Transfer Act (relating to remittance transfers) (15 U.S.C. 
     1693o-1) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Status Verification of Sender.--
       ``(1) Request for proof of status.--
       ``(A) In general.--Each remittance transfer provider shall 
     request from each sender of a remittance transfer, the 
     recipient of which is located in any country other than the 
     United States, proof of the status of that sender under the 
     immigration laws, prior to the initiation of the remittance 
     transfer.
       ``(B) Acceptable documentation.--Acceptable documentation 
     of the status of the sender under this paragraph--
       ``(i) shall be, in any State that requires proof of legal 
     residence--

       ``(I) a State-issued driver's license or Federal passport; 
     or
       ``(II) the same documentation as required by the State for 
     proof of identity for the issuance of a driver's license, or 
     as required for a passport;

       ``(ii) shall be, in any State that does not require proof 
     of legal residence, such documentation as the Bureau shall 
     require, by rule; and
       ``(iii) does not include any matricula consular card.
       ``(2) Fine for noncompliance.--Each remittance transfer 
     provider shall impose on any sender who is unable to provide 
     the proof of status requested under paragraph (1) at the time 
     of transfer, a fine equal to 7 percent of the United States 
     dollar amount to be transferred (excluding any fees or other 
     charges imposed by the remittance transfer provider).
       ``(3) Submission of fines to bureau.--All fines imposed and 
     collected by a remittance transfer provider under paragraph 
     (2) shall be submitted to the Bureau, in such form and in 
     such manner as the Bureau shall establish, by rule.
       ``(4) Administrative and enforcement costs.--The Bureau 
     shall use fines submitted under paragraph (3) to pay the 
     administrative and enforcement costs to the Bureau in 
     carrying out this subsection.
       ``(5) Use of fines for border protection.--Amounts from the 
     collection of fines under this subsection that remain 
     available

[[Page S911]]

     after the payment of expenses described in paragraph (4), 
     shall be transferred by the Bureau to the Treasury, to be 
     used to pay expenses relating to United States Customs and 
     Border Protection for border security fencing, 
     infrastructure, and technology.
       ``(6) Definition relating to immigration status.--In this 
     subsection, the term `immigration laws' has the same meaning 
     as in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).''.
       (b) Study and Report Regarding Remittance Transfer 
     Processing Fines and Identification Program.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study to determine the effects of the 
     enactment of section 919(g) of the Electronic Fund Transfer 
     Act, as amended by this section.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Banking, Housing, and Urban Affairs and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Financial Services of the 
     House of Representatives a report on the results of the study 
     conducted under paragraph (1) that includes--
       (A) an analysis of the costs and benefits of complying with 
     section 919(g) of the Electronic Fund Transfer Act, as 
     amended by this section; and
       (B) recommendations about whether the fines imposed under 
     that section 919(g) should be extended or increased.
                                 ______
                                 
  SA 1945. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 2579, to amend the Internal Revenue Code of 
1986 to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. ASCERTAINING CITIZENSHIP AND IMMIGRATION STATUS IN 
                   DECENNIAL CENSUS OF POPULATION.

       Section 141 of title 13, United States Code, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Notwithstanding section 5 of this title, the 
     Secretary shall include in each questionnaire used for the 
     conduct of a decennial census of population under subsection 
     (a) a question to ascertain United States citizenship and 
     immigration status.''.
                                 ______
                                 
  SA 1946. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 2579, to amend the Internal Revenue Code of 
1986 to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. RESTRICTION OF COPS FUNDING FOR SANCTUARY CITIES.

       None of the amounts appropriated in any Act for the 
     Community Oriented Policing Services Program may be used in 
     contravention of section 642(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1373(a)).
                                 ______
                                 
  SA 1947. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 2579, to amend the Internal Revenue Code of 
1986 to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. CRIMINAL PENALTIES FOR ALIENS FOR FAILURE TO DEPART 
                   AT THE EXPIRATION OF THEIR VISAS.

       (a) In General.--Chapter 8 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1321 et seq.) is amended by 
     inserting after section 274D the following new section:

     ``SEC. 274E. CRIMINAL PENALTIES FOR FAILURE TO DEPART.

       ``(a) In General.--Any alien who--
       ``(1) is required to depart from the United States as a 
     result of the expiration of the alien's visa; and
       ``(2) fails to depart from the United States,
     shall be fined under title 18, United States Code, imprisoned 
     for not more one year, or both.
       ``(b) Construction.--Nothing in this section shall be 
     construed to diminish or qualify any penalties to which an 
     alien may be subject for activities proscribed by section 
     243(a) of any other provision of this Act.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 274D the following new item:

``Sec. 274E. Criminal penalties for failure to depart.''.
                                 ______
                                 
  SA 1948. Mr. TOOMEY (for himself, Mr. Cruz, Mr. Inhofe, and Mr. 
Barrasso) submitted an amendment intended to be proposed by him to the 
bill H.R. 2579, to amend the Internal Revenue Code of 1986 to allow the 
premium tax credit with respect to unsubsidized COBRA continuation 
coverage; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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 of 
     Homeland Security under section 236 or 287 of the Immigration 
     and Nationality Act (8 U.S.C. 1226 and 1357)--
       (A) shall be deemed to be acting as an agent of the 
     Department of Homeland Security; and
       (B) with regard to actions taken to comply with the 
     detainer, shall have all authority available to officers and 
     employees of the Department of Homeland Security.
       (2) Legal proceedings.--In any legal proceeding brought 
     against a State, a political subdivision of a 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 of Homeland Security under section 236 or 287 
     of the Immigration and Nationality Act (8 U.S.C. 1226 and 
     1357)--
       (A) no liability shall lie against the State or political 
     subdivision of a State for actions taken in compliance with 
     the detainer; 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.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to provide immunity to any person who knowingly 
     violates the civil or constitutional rights of an individual.
       (c) Sanctuary Jurisdiction Defined.--
       (1) In general.--Except as provided under paragraph (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 of Homeland Security under section 236 or 287 of 
     the Immigration and Nationality Act (8 U.S.C. 1226 and 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 of Homeland Security under section 236 or 287 of 
     the Immigration and Nationality Act (8 U.S.C. 1226 and 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)(B), 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 administration.--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:

[[Page S912]]

       ``(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.--Grants 
     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.--Title I of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 5301 
     et seq.) is amended--
       (A) in section 102(a) (42 U.S.C. 5302(a)), by adding at the 
     end the following:
       ``(25) The term `sanctuary jurisdiction' has the meaning 
     provided in subsection (c) of the Stop Dangerous Sanctuary 
     Cities Act.''.
       (B) in section 104 (42 U.S.C. 5304)--
       (i) in subsection (b)--

       (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) 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 shall--
       ``(i) 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).''.
       (3) Effective date.--This subsection and the amendments 
     made by this subsection shall take effect on October 1, 2018.
                                 ______
                                 
  SA 1949. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986 
to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

 Subtitle __--Extensions of Detention of Certain Aliens Ordered Removed

     SEC. ___1. SHORT TITLE.

       This subtitle may be cited as the ``Keep Our Communities 
     Safe Act of 2018''.

     SEC. ___

        2. Sense of Congress.--
       It is the sense of Congress that--
       (1) Constitutional rights should be upheld and protected;
       (2) Congress intends to uphold the Constitutional principle 
     of due process; and
       (3) due process of the law is a right afforded to everyone 
     in the United States.

     SEC. ___3. DETENTION OF DANGEROUS ALIENS DURING REMOVAL 
                   PROCEEDINGS.

       Section 236 of the Immigration and Nationality Act (8 
     U.S.C. 1226) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears (except in the second place it appears in subsection 
     (a)) and inserting ``Secretary of Homeland Security'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``the Secretary of Homeland Security or'' before ``the 
     Attorney General--''; and
       (B) in paragraph (2)(B), by striking ``conditional 
     parole;'' and inserting ``recognizance;'';
       (3) in subsection (b)--
       (A) in the subsection heading, by striking ``Parole'' and 
     inserting ``Recognizance''; and
       (B) by striking ``parole'' and inserting ``recognizance'';
       (4) in subsection (c)(1), by striking the undesignated 
     matter following subparagraph (D) and inserting the 
     following:
     ``any time after the alien is released, without regard to 
     whether an alien is released related to any activity, 
     offense, or conviction described in this paragraph; to 
     whether the alien is released on parole, supervised release, 
     or probation; or to whether the alien may be arrested or 
     imprisoned again for the same offense. If the activity 
     described in this paragraph does not result in the alien 
     being taken into custody by any person other than the 
     Secretary, then when the alien is brought to the attention of 
     the Secretary or when the Secretary determines it is 
     practical to take such alien into custody, the Secretary 
     shall take such alien into custody.'';
       (5) in subsection (e), by striking ``Attorney General's'' 
     and inserting ``Secretary of Homeland Security's''; and
       (6) by adding at the end the following:
       ``(f) Length of Detention.--
       ``(1) Notwithstanding any other provision of this section, 
     an alien may be detained under this section for any period, 
     without limitation, except as provided in subsection (h), 
     until the alien is subject to a final order of removal.
       ``(2) The length of detention under this section shall not 
     affect a detention under section 241.
       ``(g) Administrative Review.--
       ``(1) Limitation.--The Attorney General's review of the 
     Secretary's custody determinations under subsection (a) shall 
     be limited to whether the alien may be detained, released on 
     bond (of at least $1,500 with security approved by the 
     Secretary), or released with no bond. Any review involving an 
     alien described in paragraph (2)(D) shall be limited to a 
     determination of whether the alien is properly included in 
     such category.
       ``(2) Classes of aliens.--The Attorney General shall review 
     the Secretary's custody determinations for the following 
     classes of aliens:
       ``(A) Aliens in exclusion proceedings.
       ``(B) Aliens described in sections 212(a)(3) and 237(a)(4).
       ``(C) Aliens described in subsection (c).
       ``(D) Aliens in deportation proceedings subject to section 
     242(a)(2) (as in effect between April 24, 1996, and April 1, 
     1997).
       ``(h) Release on Bond.--
       ``(1) In general.--An alien detained under subsection (a) 
     may seek release on bond. No bond may be granted except to an 
     alien who establishes by clear and convincing evidence that 
     the alien is not a flight risk or a risk to another person or 
     the community.
       ``(2) Certain aliens ineligible.--No alien detained under 
     subsection (c) may seek release on bond.''.

     SEC. ___4. ALIENS ORDERED REMOVED.

       Section 241(a) of the Immigration and Nationality Act (8 
     U.S.C. 1231(a)) is amended--
       (1) by striking ``Attorney General'' each place it appears, 
     except for the first place it appears in paragraph (4)(B)(i), 
     and inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1)--
       (A) by amending subparagraphs (B) and (C) to read as 
     follows:
       ``(B) Beginning of period.--The removal period begins on 
     the latest of--
       ``(i) the date on which the order of removal becomes 
     administratively final;
       ``(ii) the date on which the alien is taken into such 
     custody if the alien is not in the custody of the Secretary 
     on the date on which the order of removal becomes 
     administratively final; and
       ``(iii) the date on which the alien is taken into the 
     custody of the Secretary after the alien is released from 
     detention or confinement if the alien is detained or confined 
     (except for an immigration process) on the date on which the 
     order of removal becomes administratively final.
       ``(C) Suspension of period.--
       ``(i) Extension.--The removal period shall be extended 
     beyond a period of 90 days and the Secretary may, in the 
     Secretary's sole discretion, keep the alien in detention 
     during such extended period, if--

       ``(I) the alien fails or refuses to make all reasonable 
     efforts to comply with the removal order, or to fully 
     cooperate with the Secretary's efforts to establish the 
     alien's identity and carry out the removal order, including 
     making timely application in good faith for travel or other 
     documents necessary to the alien's departure or conspires or 
     acts to prevent the alien's removal that is subject to an 
     order of removal;
       ``(II) a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of removal of an alien who is 
     subject to an administratively final order of removal;
       ``(III) the Secretary transfers custody of the alien 
     pursuant to law to another Federal agency or a State or local 
     government agency in connection with the official duties of 
     such agency; or
       ``(IV) a court or the Board of Immigration Appeals orders a 
     remand to an immigration judge or the Board of Immigration 
     Appeals, during the time period when the case is pending a 
     decision on remand (with the removal period beginning anew on 
     the date that the alien is ordered removed on remand).

[[Page S913]]

       ``(ii) Renewal.--If the removal period has been extended 
     under clause (i), a new removal period shall be deemed to 
     have begun on the date on which--

       ``(I) the alien makes all reasonable efforts to comply with 
     the removal order, or to fully cooperate with the Secretary's 
     efforts to establish the alien's identity and carry out the 
     removal order;
       ``(II) the stay of removal is no longer in effect; or
       ``(III) the alien is returned to the custody of the 
     Secretary.

       ``(iii) Mandatory detention for certain aliens.--The 
     Secretary shall keep an alien described in subparagraphs (A) 
     through (D) of section 236(c)(1) in detention during the 
     extended period described in clause (i).
       ``(iv) Sole form of relief.--An alien may only seek relief 
     from detention under this subparagraph by filing an 
     application for a writ of habeas corpus in accordance with 
     chapter 153 of title 28, United States Code. No alien whose 
     period of detention is extended under this subparagraph shall 
     have the right to seek release on bond.'';
       (3) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or is not detained pursuant to paragraph (6)'' after ``the 
     removal period''; and
       (B) by amending subparagraph (D) to read as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities that the Secretary prescribes for the 
     alien--
       ``(i) to prevent the alien from absconding;
       ``(ii) for the protection of the community; or
       ``(iii) for other purposes related to the enforcement of 
     Federal immigration laws.'';
       (4) in paragraph (4)(A), by striking ``paragraph (2)'' and 
     inserting ``subparagraph (B)''; and
       (5) by amending paragraph (6) to read as follows:
       ``(6) Additional rules for detention or release of certain 
     aliens.--
       ``(A) Detention review process for cooperative aliens 
     established.--
       ``(i) In general.--The Secretary shall establish an 
     administrative review process to determine whether an alien 
     who is not otherwise subject to mandatory detention, who has 
     made all reasonable efforts to comply with a removal order 
     and to cooperate fully with the Secretary of Homeland 
     Security's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, and who has not conspired 
     or acted to prevent removal should be detained or released on 
     conditions.
       ``(ii) Determination.--The Secretary shall make a 
     determination whether to release an alien after the removal 
     period in accordance with subparagraph (B), which--

       ``(I) shall include consideration of any evidence submitted 
     by the alien; and
       ``(II) may include consideration of any other evidence, 
     including--

       ``(aa) any information or assistance provided by the 
     Secretary of State or other Federal official; and
       ``(bb) any other information available to the Secretary of 
     Homeland Security pertaining to the ability to remove the 
     alien.
       ``(B) Authority to detain beyond removal period.--
       ``(i) In general.--The Secretary of Homeland Security may 
     continue to detain an alien for 90 days beyond the removal 
     period (including any extension of the removal period under 
     paragraph (1)(C)). An alien whose detention is extended under 
     this subparagraph shall not have the right to seek release on 
     bond.
       ``(ii) Specific circumstances.--The Secretary of Homeland 
     Security may continue to detain an alien beyond the 90 days 
     authorized under clause (i)--

       ``(I) until the alien is removed, if the Secretary 
     determines that there is a significant likelihood that the 
     alien--

       ``(aa) will be removed in the reasonably foreseeable 
     future;
       ``(bb) would be removed in the reasonably foreseeable 
     future; or
       ``(cc) would have been removed if the alien had not--
         ``(AA) failed or refused to make all reasonable efforts 
     to comply with the removal order;
         ``(BB) failed or refused 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
         ``(CC) conspired or acted to prevent removal;

       ``(II) until the alien is removed, if the Secretary of 
     Homeland Security certifies in writing--

       ``(aa) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(bb) after receipt of a written recommendation from the 
     Secretary of State, that release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States;
       ``(cc) based on information available to the Secretary of 
     Homeland Security (including classified, sensitive, or 
     national security information, and without regard to the 
     grounds upon which the alien was ordered removed), that there 
     is reason to believe that the release of the alien would 
     threaten the national security of the United States; or
       ``(dd) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or of any person; and
         ``(AA) the alien has been convicted of 1 or more 
     aggravated felonies (as defined in section 101(a)(43)(A)) or 
     of 1 or more crimes identified by the Secretary of Homeland 
     Security by regulation, or of 1 or more attempts or 
     conspiracies to commit any such aggravated felonies or such 
     identified crimes, if the aggregate term of imprisonment for 
     such attempts or conspiracies is at least 5 years; or
         ``(BB) the alien has committed 1 or more crimes of 
     violence (as defined in section 16 of title 18, United States 
     Code, but not including a purely political offense) and, 
     because of a mental condition or personality disorder and 
     behavior associated with that condition or disorder, the 
     alien is likely to engage in acts of violence in the future; 
     or

       ``(III) pending a certification under subclause (II), if 
     the Secretary of Homeland Security has initiated the 
     administrative review process not later than 30 days after 
     the expiration of the removal period (including any extension 
     of the removal period under paragraph (1)(C)).

       ``(iii) No right to bond hearing.--An alien whose detention 
     is extended under this subparagraph shall not have a right to 
     seek release on bond, including by reason of a certification 
     under clause (ii)(II).
       ``(C) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (B)(ii)(II) every 6 
     months after providing an opportunity for the alien to 
     request reconsideration of the certification and to submit 
     documents or other evidence in support of that request. If 
     the Secretary does not renew a certification, the Secretary 
     may not continue to detain the alien under subparagraph 
     (B)(ii)(II).
       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in item (bb), 
     (cc), or (dd) of subparagraph (B)(ii)(II) below the level of 
     the Assistant Secretary for Immigration and Customs 
     Enforcement.
       ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General or the Attorney General's 
     designee provide for a hearing to make the determination 
     described in subparagraph (B)(ii)(II)(dd)(BB).
       ``(D) Release on conditions.--If it is determined that an 
     alien should be released from detention by a Federal court, 
     the Board of Immigration Appeals, or if an immigration judge 
     orders a stay of removal, the Secretary of Homeland Security 
     may impose conditions on release as provided under paragraph 
     (3).
       ``(E) Redetention.--
       ``(i) In general.--The Secretary of Homeland Security, 
     without any limitations other than those specified in this 
     section, may detain any alien subject to a final removal 
     order who is released from custody if--

       ``(I) removal becomes likely in the reasonably foreseeable 
     future;
       ``(II) the alien fails to comply with the conditions of 
     release or to continue to satisfy the conditions described in 
     subparagraph (A); or
       ``(III) upon reconsideration, the Secretary determines that 
     the alien can be detained under subparagraph (B).

       ``(ii) Applicability.--This section shall apply to any 
     alien returned to custody pursuant to this subparagraph as if 
     the removal period terminated on the day of the redetention.
       ``(F) Review of determinations by secretary.--A 
     determination by the Secretary under this paragraph shall not 
     be subject to review by any other agency.''.

     SEC. ___5. SEVERABILITY.

       If any of the provisions of this subtitle, any amendment 
     made by this subtitle, or the application of any such 
     provision to any person or circumstance, is held to be 
     invalid for any reason, the remainder of this subtitle, the 
     amendments made by this subtitle, and the application of the 
     provisions and amendments made by this subtitle to any other 
     person or circumstance shall not be affected by such holding.

     SEC. ___6. EFFECTIVE DATES.

       (a) Apprehension and Detention of Aliens.--The amendments 
     made by section ___3 shall take effect on the date of the 
     enactment of this Act. Section 236 of the Immigration and 
     Nationality Act, as amended by section ___3, shall apply to 
     any alien in detention under the provisions of such section 
     on or after such date of enactment.
       (b) Aliens Ordered Removed.--The amendments made by section 
     ___4 shall take effect on the date of the enactment of this 
     Act. Section 241 of the Immigration and Nationality Act, as 
     amended by section ___4, shall apply to--
       (1) 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
       (2) acts and conditions occurring or existing before, on, 
     or after such date of enactment.
                                 ______
                                 
  SA 1950. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986 
to allow the premium tax credit with respect to

[[Page S914]]

unsubsidized COBRA continuation coverage; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENGLISH LANGUAGE UNITY.

       (a) English as the Official Language of the United 
     States.--
       (1) In general.--Title 4, United States Code, is amended by 
     adding at the end the following:

                     ``CHAPTER 6--OFFICIAL LANGUAGE

     ``SEC. 161. OFFICIAL LANGUAGE OF THE UNITED STATES.

       ``The official language of the United States is English.

     ``SEC. 162. PRESERVING AND ENHANCING THE ROLE OF THE OFFICIAL 
                   LANGUAGE.

       ``Representatives of the Federal Government shall have an 
     affirmative obligation to preserve and enhance the role of 
     English as the official language of the Federal Government. 
     Such obligation shall include encouraging greater 
     opportunities for individuals to learn the English language.

     ``SEC. 163. OFFICIAL FUNCTIONS OF GOVERNMENT TO BE CONDUCTED 
                   IN ENGLISH.

       ``(a) Scope.--For the purposes of this section--
       ``(1) the term `official' refers to any function that--
       ``(A) binds the Government;
       ``(B) is required by law; or
       ``(C) is otherwise subject to scrutiny by either the press 
     or the public; and
       ``(2) the term `United States' means the several States and 
     the District of Columbia.
       ``(b) Official Functions.--The official functions of the 
     Government of the United States shall be conducted in 
     English.
       ``(c) Practical Effect.--This section--
       ``(1) shall apply to all laws, public proceedings, 
     regulations, publications, orders, actions, programs, and 
     policies; and
       ``(2) shall not apply to--
       ``(A) teaching of languages;
       ``(B) requirements under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.);
       ``(C) actions, documents, or policies necessary for 
     national security, international relations, trade, tourism, 
     or commerce;
       ``(D) actions or documents that protect the public health 
     and safety;
       ``(E) actions or documents that facilitate the activities 
     of the Bureau of the Census in compiling any census of 
     population;
       ``(F) actions that protect the rights of victims of crimes 
     or criminal defendants; or
       ``(G) using terms of art or phrases from languages other 
     than English.

     ``SEC. 164. UNIFORM ENGLISH LANGUAGE RULE FOR NATURALIZATION.

       ``(a) Uniform Language Testing Standard.--All citizens of 
     the United States should be able to read and understand 
     generally the English language text of the Declaration of 
     Independence, the Constitution of the United States, and the 
     laws of the United States made in pursuance of the 
     Constitution of the United States.
       ``(b) Ceremonies.--All naturalization ceremonies shall be 
     conducted in English.

     ``SEC. 165. RULES OF CONSTRUCTION.

       ``Nothing in this chapter shall be construed--
       ``(1) to prohibit a Member of Congress or any officer or 
     agent of the Federal Government, while performing official 
     functions under section 163, from communicating unofficially 
     through any medium with another person in a language other 
     than English (as long as official functions are performed in 
     English);
       ``(2) to limit the preservation or use of Native Alaskan or 
     Native American languages (as defined in the Native American 
     Languages Act (25 U.S.C. 2901 et seq.));
       ``(3) to disparage any language or to discourage any person 
     from learning or using a language; or
       ``(4) to be inconsistent with the Constitution of the 
     United States.

     ``SEC. 166. STANDING.

       ``A person injured by a violation of this chapter may in a 
     civil action (including an action under chapter 151 of title 
     28) obtain appropriate relief.''.
       (2) Clerical amendment.--The table of chapters at the 
     beginning of title 4, United States Code, is amended by 
     inserting after the item relating to chapter 5 the following:

                   ``Chapter 6. Official Language''.

       (b) General Rules of Construction for English Language 
     Texts of the Laws of the United States.--
       (1) In general.--Chapter 1 of title 1, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 9. General rules of construction for laws of the 
       united states

       ``(a) English language requirements and workplace policies, 
     whether in the public or private sector, shall be 
     presumptively consistent with the laws of the United States.
       ``(b) Any ambiguity in the English language text of the 
     laws of the United States shall be resolved, in accordance 
     with the last two articles of the Bill of Rights, not to deny 
     or disparage rights retained by the people, and to reserve 
     powers to the States respectively, or to the people.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1 of title 1, United States Code, is 
     amended by inserting after the item relating to section 8 the 
     following:

``9. General rules of construction for laws of the United States.''.

       (c) Implementing Regulations.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary of 
     Homeland Security shall issue for public notice and comment a 
     proposed rule for uniform testing English language ability of 
     candidates for naturalization, which shall be based upon the 
     principles that--
       (1) all citizens of the United States should be able to 
     read and understand generally the English language text of 
     the Declaration of Independence, the Constitution of the 
     United States, and the laws of the United States which are 
     made in pursuance thereof; and
       (2) any exceptions to the standard described in paragraph 
     (1) should be limited to extraordinary circumstances, such as 
     asylum.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the date that is 180 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1951. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986 
to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. ELECTRONIC FILING AND APPEALS SYSTEM FOR H-2A 
                   PETITIONS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall establish a process for filing petitions for 
     nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)) that ensures that--
       (1) petitioners may file such petitions through the website 
     of United States Citizenship and Immigration Services;
       (2) any software developed to process such petitions 
     indicates to the petitioner any technical deficiency in the 
     application before submission; and
       (3) any petitioner may file such petition in a paper format 
     if such petitioner prefers such format.
       (b) Request for Evidence.--Section 218(h) of the 
     Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended 
     by adding at the end the following:
       ``(3) If U.S. Citizenship and Immigration Services issues a 
     Request for Evidence to an employer--
       ``(A) the employer may request such Request for Evidence to 
     be delivered in an online format; and
       ``(B) if the employer makes the request described in 
     subparagraph (A)--
       ``(i) the Request for Evidence shall be provided to the 
     employer in an online format; and
       ``(ii) not later than 10 business days after the employer 
     submits the requested evidence online, U.S. Citizenship and 
     Immigration Services shall provide an online response to the 
     employer--
       ``(I) indicating that the submitted evidence is sufficient; 
     or
       ``(II) explaining the reasons that such evidence is not 
     sufficient and providing the employer with an opportunity to 
     address any such deficiency.''.

     SEC. ___. H-2A PROGRAM UPDATES.

       (a) In General.--Section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)) is amended by inserting ``, labor as a 
     year-round equine worker, labor as a year-round livestock 
     worker (including as a dairy or poultry worker)'' before ``, 
     and the pressing of apples''.
       (b) Joint Application; Deficiency Remedy.--Section 
     214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1184(c)(1)) is amended--
       (1) by inserting ``(A)'' after ``(1)''; and
       (2) by adding at the end the following:
       ``(B) Multiple employers may submit a joint petition under 
     subparagraph (A) to import aliens as nonimmigrants described 
     in section 101(a)(15)(H)(ii)(a). Upon the approval of such 
     petition, each joint employer shall be subject to the 
     provisions under section 218 with respect to each alien 
     listed in such petition. If any individual party to such a 
     joint contract violates any condition for approval with 
     respect to the application or provisions under section 218 
     with respect to each alien listed in such petition, after 
     notice and opportunity for a hearing, the contract may be 
     modified to remove the party in violation from the contract 
     at no penalty to the remaining parties.
       ``(C) If a petition to import aliens as nonimmigrants 
     described in section 101(a)(15)(H)(ii)(a) is denied or if the 
     issuance of visas requested through such petition is delayed 
     due to a problem with the petition, the Director of U.S. 
     Citizenship and Immigration Services shall promptly notify 
     the petitioner of the reasons for such denial or delay and 
     provide the petitioner with reasonable time to remedy the 
     problem.
       ``(D) The period of authorized admission for a nonimmigrant 
     described in section 101(a)(15)(H)(ii)(a) under this 
     paragraph may not exceed the shorter of--
       ``(i) the period for which a petitioner under this 
     paragraph has contracted to employ the nonimmigrant; or
       ``(ii) three years.''.
       (c) Labor Certification; Staggered Employment Dates.--
     Section 218(h) of the Immigration and Nationality Act (8 
     U.S.C.

[[Page S915]]

     1188(h)), as amended by section ____(b), is further amended 
     by adding at the end the following:
       ``(4) An employer that is seeking to rehire aliens as H-2A 
     workers who previously worked for the employer as H-2A 
     workers may submit a simplified petition, to be developed by 
     the Director of U.S. Citizenship and Immigration Services, in 
     consultation with the Secretary of Labor, which shall include 
     a certification that the employer maintains compliance with 
     all applicable requirements with respect to the employment of 
     such aliens. Such petitions shall be approved upon completion 
     of applicable security screenings.
       ``(5) An employer that is seeking to hire aliens as H-2A 
     workers during different time periods in a given fiscal year 
     may submit a single petition to U.S. Citizenship and 
     Immigration Services that details the time period during 
     which each such alien is expected to be employed.
       ``(6) Upon receiving notification from an employer that the 
     employer's H-2A worker has prematurely abandoned employment 
     or has failed to appear for employment and such employer 
     wishes to replace such worker--
       ``(A) the Secretary of State shall promptly issue a visa 
     under section 101(a)(15)(H)(ii)(a) to an eligible alien 
     designated by the employer to replace that worker; and
       ``(B) the Secretary of Homeland Security shall promptly 
     admit such alien into the United States upon completion of 
     applicable security screenings.''.
       (d) Satisfaction of Housing Requirements by Voucher.--
     Section 218(c)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1188(c)(4)) is amended--
       (1) in the matter preceding the first proviso--
       (A) by inserting ``or a voucher for housing'' after 
     ``furnish housing'';
       (B) by striking ``or to secure'' and inserting ``, to 
     secure'';
       (C) by inserting ``, or to provide a voucher to be used by 
     workers in securing such housing'' before the semicolon;
       (2) in the fourth proviso, by inserting ``or a voucher for 
     family housing'' after ``family housing'' the second place it 
     appears; and
       (3) in the fifth proviso--
       (A) by inserting ``or housing vouchers'' after ``secure 
     housing''; and
       (B) by inserting ``or housing voucher'' after ``whether the 
     housing''.
                                 ______
                                 
  SA 1952. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986 
to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. ALLOCATION OF EMPLOYMENT-BASED VISAS.

       (a) Worldwide Level.--Section 201(d)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(d)(1)(A)) is 
     amended by striking ``140,000'' and inserting ``270,000''.
       (b) Preference Allocations for Employment-based 
     Immigrants.--Section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``28.6 percent'' and inserting ``29.63 
     percent'';
       (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
     inserting ``29.63 percent'';
       (3) in paragraph (3)(A), in the matter preceding clause 
     (i), by striking ``28.6 percent'' and inserting ``29.63 
     percent'';
       (4) in paragraph (4), by striking ``7.1 percent'' and 
     inserting ``3.7 percent''; and
       (5) in paragraph (5)(A), in the matter preceding clause 
     (i), by striking ``7.1 percent'' and inserting ``7.41 
     percent''.
       (c) Treatment of Family Members.--Section 203(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(d)) is amended 
     by adding at the end the following: ``Visas issued to a 
     spouse or child of an immigrant described in subsection (b) 
     shall not be counted against the worldwide level of such 
     visas set forth in section 201(d)(1) or the per country level 
     set forth in section 202(a)(2).''.
                                 ______
                                 
  SA 1953. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986 
to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. IMMIGRATION ENFORCEMENT JOBS FOR VETERANS.

       (a) Expedited Hiring of Appropriate Separating Service 
     Members.--Section 3 of the Border Jobs for Veterans Act of 
     2015 (Public Law 114-68) is amended by inserting ``or an 
     Immigration and Customs Enforcement agent'' after ``Customs 
     and Border Protection officer''.
       (b) Enhancements to Existing Programs to Recruit Service 
     Members Separating From Military Service for Immigration and 
     Customs Enforcement Agent Vacancies.--Section 4 of the Border 
     Jobs for Veterans Act of 2015 (Public Law 114-68) is 
     amended--
       (1) in subsection (a), by inserting ``or Immigration and 
     Customs Enforcement agents'' before the period at the end; 
     and
       (2) in subsection (b)--
       (A) by inserting ``and Immigration and Customs Enforcement 
     agent'' after ``Customs and Border Protection officer'' each 
     place it appears;
       (B) by inserting ``and Immigration and Customs Enforcement 
     agents'' after ``Customs and Border Protection officers'' 
     each place it appears;
       (C) by inserting ``and U.S. Immigration and Customs 
     Enforcement officials'' after ``U.S. Customs and Border 
     Protection officials'' each place it appears; and
       (D) in paragraph (3), by inserting ``and U.S. Immigration 
     and Customs Enforcement field offices'' after ``U.S. Customs 
     and Border Protection field offices''.
       (c) Reports to Congress.--Section 5 of the Border Jobs for 
     Veterans Act of 2015 (Public Law 114-68) is amended--
       (1) in subsection (a), by inserting ``or Immigration and 
     Customs Enforcement agents'' after ``Customs and Border 
     Protection officers''; and
       (2) in subsection (b), by inserting ``Immigration and 
     Customs Enforcement agent vacancies'' after ``Customs and 
     Border Protection officer vacancies'' each place it appears.
                                 ______
                                 
  SA 1954. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986 
to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. CRIMINAL ALIEN GANG MEMBER REMOVAL.

       (a) Short Title.--This section may be cited as the 
     ``Criminal Alien Gang Member Removal Act''.
       (b) Grounds of Inadmissibility and Deportability for Alien 
     Gang Members.--
       (1) Definition of gang member.--Section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
     by adding at the end the following:
       ``(53) The term `criminal gang' means an ongoing group, 
     club, organization, or association of 2 or more persons that 
     has, as 1 of its primary purposes, the commission of 1 or 
     more of the criminal offenses listed in subparagraphs (A) 
     through (F), whether in violation of Federal, State, or 
     foreign law and regardless of whether the offenses occurred 
     before, on, or after the date of the enactment of this 
     paragraph, and the members of which engage, or have engaged 
     within the past 5 years, in a continuing series of such 
     offenses, or that has been designated as a criminal gang by 
     the Secretary of Homeland Security, in consultation with the 
     Attorney General, as meeting such criteria.
       ``(A) A `felony drug offense' (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802)).
       ``(B) 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).
       ``(C) A crime of violence (as defined in section 16 of 
     title 18, United States Code).
       ``(D) A crime involving obstruction of justice, tampering 
     with or retaliating against a witness, victim, or informant, 
     or burglary.
       ``(E) Any conduct punishable under sections 1028 and 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 1951 of such title (relating to interference with 
     commerce by threats or violence), section 1952 of such title 
     (relating to interstate and foreign travel or transportation 
     in aid of racketeering enterprises), section 1956 of such 
     title (relating to the laundering of monetary instruments), 
     section 1957 of such title (relating to engaging in monetary 
     transactions in property derived from specified unlawful 
     activity), or sections 2312 through 2315 of such title 
     (relating to interstate transportation of stolen motor 
     vehicles or stolen property).
       ``(F) Any aggravated felony.
       ``(G) Any criminal offense described in section 212(a) or 
     237(a).
       ``(H) Any offense under Federal, State, or tribal law that 
     has, as an element of the offense, the use or attempted use 
     of physical force or the threatened use of physical force or 
     a deadly weapon.
       ``(I) Any offense that has, as an element of the offense, 
     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.
       ``(J) A conspiracy to commit an offense described in 
     subparagraphs (A) through (E).''.
       (2) Inadmissibility.--Section 212(a)(2) 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 if a consular officer, the Secretary of Homeland 
     Security, or the Attorney General knows or has reason to 
     believe that the alien--
       ``(i) is or has been a member of a criminal gang; or

[[Page S916]]

       ``(ii) has participated in the activities of a criminal 
     gang, knowing or having reason to know that such activities 
     will promote, further, aid, or support the illegal activity 
     of the criminal gang.''.
       (3) Deportability.--Section 237(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by 
     adding at the end the following:
       ``(G) Aliens associated with criminal gangs.--Any alien is 
     deportable who--
       ``(i) is or has been a member of a criminal gang); or
       ``(ii) has participated in the activities of a criminal 
     gang, knowing or having reason to know that such activities 
     will promote, further, aid, or support the illegal activity 
     of the criminal gang.''.
       (c) Designation of Criminal Gang.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1182) is amended by inserting 
     after section 219 the following:

     ``SEC. 220. DESIGNATION OF CRIMINAL GANG.

       ``(a) Designation.--
       ``(1) In general.--The Secretary, in consultation with the 
     Attorney General, may designate a group, club, organization, 
     or association of 2 or more persons as a criminal gang if the 
     Secretary finds that their conduct is described in section 
     101(a)(53).
       ``(2) Procedure.--
       ``(A) Notification.--Not later than 7 days before making a 
     designation under this subsection, the Secretary, by 
     classified communication, shall submit written notification 
     to the Speaker and Minority Leader of the House of 
     Representatives, the President pro tempore, Majority Leader, 
     and Minority Leader of the Senate, and the members of the 
     relevant committees of the House of Representatives and the 
     Senate of the intent to designate a group, club, 
     organization, or association of 2 or more persons under this 
     subsection and the factual basis for such designation.
       ``(B) Publication in the federal register.--Not later than 
     7 days after submitting the notification under subparagraph 
     (A), the Secretary shall publish each designation under this 
     subsection in the Federal Register.
       ``(3) Record.--
       ``(A) In general.--In making a designation under this 
     subsection, the Secretary shall create an administrative 
     record.
       ``(B) Classified information.--The Secretary may consider 
     classified information in making a designation under this 
     subsection. Classified information may not be subject to 
     disclosure while it remains classified, except that such 
     information may be disclosed to a court ex parte and in 
     camera for purposes of judicial review under subsection (c).
       ``(4) Period of designation.--
       ``(A) In general.--A designation under this subsection 
     shall be effective for all purposes until revoked under 
     paragraph (5) or (6) or set aside pursuant to subsection (c).
       ``(B) Review of designation upon petition.--
       ``(i) In general.--The Secretary shall review the 
     designation of a criminal gang under the procedures set forth 
     in clauses (iii) and (iv) if the designated group, club, 
     organization, or association of 2 or more persons files a 
     petition for revocation within the petition period described 
     in clause (ii).
       ``(ii) Petition period.--For purposes of clause (i)--

       ``(I) if the designated group, club, organization, or 
     association of 2 or more persons has not previously filed a 
     petition for revocation under this subparagraph, the petition 
     period begins 2 years after the date on which the designation 
     was made; or
       ``(II) if the designated group, club, organization, or 
     association of 2 or more persons has previously filed a 
     petition for revocation under this subparagraph, the petition 
     period begins 2 years after the date of the determination 
     made under clause (iv) on that petition.

       ``(iii) Procedures.--Any group, club, organization, or 
     association of 2 or more persons that submits a petition for 
     revocation under this subparagraph of its designation as a 
     criminal gang must provide evidence in that petition that the 
     group, club, organization, or association is not described in 
     section 101(a)(53).
       ``(iv) Determination.--

       ``(I) In general.--Not later than 180 days after receiving 
     a petition for revocation submitted under this subparagraph, 
     the Secretary shall make a determination regarding such 
     revocation.
       ``(II) Classified information.--The Secretary may consider 
     classified information in making a determination in response 
     to a petition for revocation. Classified information shall 
     not be subject to disclosure for such time as it remains 
     classified, except that such information may be disclosed to 
     a court ex parte and in camera for purposes of judicial 
     review under subsection (c).
       ``(III) Publication of determination.--A determination made 
     by the Secretary under this clause shall be published in the 
     Federal Register.
       ``(IV) Procedures.--Any revocation by the Secretary shall 
     be made in accordance with paragraph (6).

       ``(C) Other review of designation.--
       ``(i) In general.--If no review has taken place under 
     subparagraph (B) during a 5-year period, the Secretary shall 
     review the designation of the criminal gang in order to 
     determine whether such designation should be revoked pursuant 
     to paragraph (6).
       ``(ii) Procedures.--If a review does not take place 
     pursuant to subparagraph (B) in response to a petition for 
     revocation that is filed in accordance with that 
     subparagraph, a review shall be conducted pursuant to 
     procedures established by the Secretary. The results of such 
     review and the applicable procedures are not reviewable by 
     any court.
       ``(iii) Publication of results of review.--The Secretary 
     shall publish any determination made under this subparagraph 
     in the Federal Register.
       ``(5) Revocation by act of congress.--The Congress, by an 
     Act of Congress, may block or revoke a designation made under 
     paragraph (1).
       ``(6) Revocation based on change in circumstances.--
       ``(A) In general.--The Secretary may revoke a designation 
     made under paragraph (1) at any time, and shall revoke a 
     designation upon completion of a review conducted under 
     subparagraphs (B) and (C) of paragraph (4) if the Secretary 
     determines that--
       ``(i) the group, club, organization, or association of 2 or 
     more persons that has been designated as a criminal gang is 
     no longer described in section 101(a)(53); or
       ``(ii) the national security or the law enforcement 
     interests of the United States warrants a revocation.
       ``(B) Procedure.--The procedural requirements of paragraphs 
     (2) and (3) shall apply to a revocation under this paragraph. 
     Any revocation shall take effect on the date specified in the 
     revocation or upon publication in the Federal Register if no 
     effective date is specified.
       ``(7) Effect of revocation.--The revocation of a 
     designation under paragraph (5) or (6) shall not affect any 
     action or proceeding based on conduct committed prior to the 
     effective date of such revocation.
       ``(8) Use of designation in trial or hearing.--If a 
     designation under this subsection has become effective under 
     paragraph (2), an alien in a removal proceeding may not raise 
     any question concerning the validity of the issuance of such 
     designation as a defense or an objection.
       ``(b) Amendments to a Designation.--
       ``(1) In general.--The Secretary may amend a designation 
     under this subsection if the Secretary determines that the 
     group, club, organization, or association of 2 or more 
     persons has changed its name, adopted a new alias, dissolved 
     and then reconstituted itself under a different name or 
     names, or merged with another group, club, organization, or 
     association of 2 or more persons.
       ``(2) Procedure.--Amendments made to a designation under 
     paragraph (1) shall be effective upon publication in the 
     Federal Register. Paragraphs (2), (4), (5), (6), (7), and (8) 
     of subsection (a) shall also apply to an amended designation.
       ``(3) Administrative record.--The administrative record 
     shall be corrected to include the amendments and any 
     additional relevant information that supports such 
     amendments.
       ``(4) Classified information.--The Secretary may consider 
     classified information in amending a designation in 
     accordance with this subsection. Classified information shall 
     not be subject to disclosure while it remains classified, 
     except that such information may be disclosed to a court ex 
     parte and in camera for purposes of judicial review under 
     subsection (c).
       ``(c) Judicial Review of Designation.--
       ``(1) In general.--Not later than 30 days after publication 
     in the Federal Register of a designation, an amended 
     designation, or a determination in response to a petition for 
     revocation, the designated group, club, organization, or 
     association of 2 or more persons may seek judicial review in 
     the United States Court of Appeals for the District of 
     Columbia Circuit.
       ``(2) Basis of review.--Review under this subsection shall 
     be based solely upon the administrative record, except that 
     the Government may submit, for ex parte and in camera review, 
     classified information used in making the designation, 
     amended designation, or determination in response to a 
     petition for revocation.
       ``(3) Scope of review.--The Court shall hold unlawful and 
     set aside a designation, amended designation, or 
     determination in response to a petition for revocation the 
     court finds to be--
       ``(A) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with law;
       ``(B) contrary to constitutional right, power, privilege, 
     or immunity;
       ``(C) in excess of statutory jurisdiction, authority, or 
     limitation, or short of statutory right;
       ``(D) lacking substantial support in the administrative 
     record taken as a whole or in classified information 
     submitted to the court under paragraph (2); or
       ``(E) not in accord with the procedures required by law.
       ``(4) Judicial review invoked.--The pendency of an action 
     for judicial review of a designation, amended designation, or 
     determination in response to a petition for revocation shall 
     not affect the application of this section, unless the court 
     issues a final order setting aside the designation, amended 
     designation, or determination in response to a petition for 
     revocation.
       ``(d) Definitions.--As used in this section--
       ``(1) the term `classified information' has the meaning 
     given that term in section 1(a) of the Classified Information 
     Procedures Act (18 U.S.C. App.);

[[Page S917]]

       ``(2) the term `national security' means the national 
     defense, foreign relations, or economic interests of the 
     United States;
       ``(3) the term `relevant committees' means the Committee on 
     the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives; and
       ``(4) the term `Secretary' means the Secretary of Homeland 
     Security, in consultation with the Attorney General.''.
       (2) Clerical amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     219 the following:

``Sec. 220. Designation of criminal gang.''.

       (d) Mandatory Detention of Criminal Gang Members.--
       (1) In general.--Section 236(c)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1226(c)(1)) is amended--
       (A) in subparagraph (A), by striking the comma at the end 
     and inserting a semicolon;
       (B) in subparagraph (B), by striking the comma at the end 
     and inserting a semicolon;
       (C) in subparagraph (C), by striking ``, or'' at the end 
     and inserting a semicolon;
       (D) in subparagraph (D), by striking the comma at the end 
     and inserting ``; or''; and
       (E) by inserting after subparagraph (D) the following:
       ``(E) is inadmissible under section 212(a)(2)(J) or 
     deportable under section 217(a)(2)(G),''.
       (2) Annual report.--Not later than March 1 of the first 
     year beginning after the date of the enactment of this Act, 
     and annually thereafter, the Secretary of Homeland Security, 
     after consultation with the appropriate Federal agencies, 
     shall submit a report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives that identifies the number of aliens detained 
     as a result of the amendment made by paragraph (1)(E).
       (e) Asylum Claims Based on Gang Affiliation.--
       (1) Inapplicability of restriction on removal to certain 
     countries.--Section 241(b)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
     matter preceding clause (i), by inserting ``who is described 
     in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who 
     is'' after ``to an alien''.
       (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such 
     Act (8 U.S.C. 1158(b)(2)(A)) is amended--
       (A) in clause (v), by striking ``or'' at the end;
       (B) by redesignating clause (vi) as clause (vii); and
       (C) by inserting after clause (v) the following:
       ``(vi) the alien is described in section 212(a)(2)(J)(i) or 
     237(a)(2)(G)(i); or''.
       (f) 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 such term 
     appears and inserting ``Secretary of Homeland Security'';
       (2) in subsection (c)(2)(B)--
       (A) in clause (i), by striking ``, or'' at the end and 
     inserting a semicolon;
       (B) in clause (ii), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following:
       ``(iii) the alien is, or at any time has been, described in 
     section 212(a)(2)(J) or 237(a)(2)(G).''; and
       (3) in subsection (d)--
       (A) by striking paragraph (3); and
       (B) in paragraph (4), by adding at the end the following: 
     ``The Secretary of Homeland Security may detain an alien 
     provided temporary protected status under this section 
     whenever appropriate under any other provision of law.''.
       (g) Special Immigrant Juvenile Visas.--Section 
     101(a)(27)(J)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(27)(J)(iii)) is amended--
       (1) in subclause (I), by striking ``and'' at the end;
       (2) in subclause (II), by adding ``and'' at the end; and
       (3) by adding at the end the following:

       ``(III) no alien who is, or at any time has been, described 
     in section 212(a)(2)(J) or 237(a)(2)(G) shall be eligible for 
     any immigration benefit under this subparagraph;''.

       (h) Parole.--An alien described in section 212(a)(2)(J) of 
     the Immigration and Nationality Act, as added by subsection 
     (b)(2), shall not be eligible for parole under section 
     212(d)(5)(A) of such Act unless--
       (1) the alien is assisting or has assisted the United 
     States Government in a law enforcement matter, including a 
     criminal investigation; and
       (2) the alien's presence in the United States is required 
     by the Government with respect to such assistance.
       (i) 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.
                                 ______
                                 
  SA 1955. Mr. COONS (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 2579, to 
amend the Internal Revenue Code of 1986 to allow the premium tax credit 
with respect to unsubsidized COBRA continuation coverage; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                 TITLE _--UNITING AND SECURING AMERICA

     SEC. _01. SHORT TITLES.

       This title may be cited as the ``Uniting and Securing 
     America Act of 2018'' or as the ``USA Act of 2018''.

 Subtitle A--Adjustment of Status for Certain Individuals Who Entered 
                     the United States as Children

     SEC. _11. DEFINITIONS.

       In this subtitle:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this subtitle that is used in the 
     immigration laws shall have the meaning given such term in 
     the immigration laws.
       (2) DACA.--The term ``DACA'' means deferred action granted 
     to an alien pursuant to the Deferred Action for Childhood 
     Arrivals program announced by the Secretary of Homeland 
     Security through a memorandum issued on June 15, 2012.
       (3) Disability.--The term ``disability'' has the meaning 
     given such term in section 3(1) of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102(1)).
       (4) Early childhood education program.--The term ``early 
     childhood education program'' has the meaning given such term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       (5) Elementary school; high school; secondary school.--The 
     terms ``elementary school'', ``high school'', and ``secondary 
     school'' have the meanings given such terms in section 8101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801).
       (6) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (7) Institution of higher education.--The term 
     ``institution of higher education''--
       (A) except as provided in subparagraph (B), has the meaning 
     given such term in section 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1002); and
       (B) does not include an institution of higher education 
     outside of the United States.
       (8) Permanent resident status on a conditional basis.--The 
     term ``permanent resident status on a conditional basis'' 
     means status as an alien lawfully admitted for permanent 
     residence on a conditional basis under this subtitle.
       (9) Poverty line.--The term ``poverty line'' has the 
     meaning given such term in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902).
       (10) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (11) Uniformed services.--The term ``Uniformed Services'' 
     has the meaning given the term ``uniformed services'' in 
     section 101(a) of title 10, United States Code.

     SEC. _12. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS 
                   FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) Conditional Basis for Status.--Notwithstanding any 
     other provision of law, and except as provided in section 
     _14(c)(2), an alien shall be considered, at the time of 
     obtaining the status of an alien lawfully admitted for 
     permanent residence under this section, to have obtained such 
     status on a conditional basis subject to the provisions under 
     this subtitle.
       (b) Requirements.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall cancel the removal of, and adjust to 
     the status of an alien lawfully admitted for permanent 
     residence on a conditional basis, or without such conditional 
     basis as provided in section _14(c)(2), an alien who is 
     inadmissible or deportable from the United States or is in 
     temporary protected status under section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a) if--
       (A) the alien has been continuously physically present in 
     the United States since December 31, 2013;
       (B) the alien was younger than 18 years of age on the date 
     on which the alien initially entered the United States;
       (C) subject to paragraphs (2) and (3), the alien--
       (i) is not inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a));
       (ii) has not 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; and
       (iii) other than an offense under State or local law for 
     which an essential element was the alien's immigration 
     status, a minor traffic offense, or a violation of this 
     subtitle, has not been convicted of--

       (I) any offense under Federal or State law punishable by a 
     maximum term of imprisonment of more than 1 year;
       (II) any combination of offenses under Federal or State 
     law, for which the alien was sentenced to imprisonment for a 
     total of more than 1 year; or
       (III) a crime of domestic violence (as such term is defined 
     in section 237(a)(2)(E)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1227(a)(2)(E)(i))), unless the alien--

       (aa) has filed an application under section 101(a)(15)(T), 
     101(a)(15)(U), 106, or 240A(b)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(T), 1101(a)(15)(U), 
     1105a, and 1229b(b)(2)) or section 244(a)(3) of such Act (as 
     in effect on March 31, 1997);

[[Page S918]]

       (bb) is a VAWA self-petitioner (as defined in section 
     101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(51));
       (cc) provides evidence that the alien's crime of domestic 
     violence is related to her or his having been a victim 
     herself or himself of domestic violence, sexual assault, 
     stalking, child abuse or neglect, elder abuse or neglect, 
     human trafficking, having been battered or subjected to 
     extreme cruelty, having been a victim of criminal activity 
     described in section 101(a)(15)(U)(iii) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)); or
       (dd) is a witness involved in a pending criminal or 
     government agency investigation or prosecution related to the 
     crime of domestic violence; and
       (D) the alien--
       (i) has been admitted to an institution of higher 
     education;
       (ii) has earned a high school diploma or a commensurate 
     alternative award from a public or private high school, or 
     has obtained a general education development certificate 
     recognized under State law or a high school equivalency 
     diploma in the United States; or
       (iii) is enrolled in secondary school or in an education 
     program assisting students in--

       (I) obtaining a regular high school diploma or its 
     recognized equivalent under State law; or
       (II) in passing a general educational development exam, a 
     high school equivalence diploma examination, or other similar 
     State-authorized exam.

       (2) Waiver.--With respect to any benefit under this 
     subtitle, the Secretary may waive subclauses (I), (II), and 
     (III) of subsection (b)(1)(C)(iii) and the grounds of 
     inadmissibility under paragraph (2), (6)(E), (6)(G), or 
     (10)(D) of section 212(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)) for humanitarian purposes, family 
     unity, or if the waiver is otherwise in the public interest.
       (3) Treatment of expunged convictions.--For purposes of 
     cancellation of removal, adjustment to permanent resident 
     status on a conditional basis, or other adjustment of status, 
     the term ``conviction'' does not include an adjudication or 
     judgment of guilt that has been dismissed, expunged, 
     deferred, annulled, invalidated, withheld, sealed, vacated, 
     pardoned, an order of probation without entry of judgment, or 
     any similar rehabilitative disposition.
       (4) DACA recipients.--The Secretary shall cancel the 
     removal of, and adjust to the status of an alien lawfully 
     admitted for permanent residence on a conditional basis, an 
     alien who was granted DACA unless the alien has engaged in 
     conduct since the alien was granted DACA that would make the 
     alien ineligible for DACA.
       (5) Application fee.--
       (A) In general.--The Secretary shall require an alien 
     applying for permanent resident status on a conditional basis 
     under this section to pay a reasonable fee that is 
     commensurate with the cost of processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     poverty line; and
       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, accumulated $10,000 or more in debt as a result of 
     unreimbursed medical expenses incurred by the alien or an 
     immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (6) Submission of biometric and biographic data.--The 
     Secretary may not grant an alien permanent resident status on 
     a conditional basis under this section unless the alien 
     submits biometric and biographic data, in accordance with 
     procedures established by the Secretary. The Secretary shall 
     provide an alternative procedure for aliens who are unable to 
     provide such biometric or biographic data because of a 
     physical impairment.
       (7) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis under this section; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for such status.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary grants 
     such alien permanent resident status on a conditional basis 
     under this section.
       (8) Medical examination.--
       (A) Requirement.--An alien applying for permanent resident 
     status on a conditional basis under this section shall 
     undergo a medical examination.
       (B) Policies and procedures.--The Secretary, with the 
     concurrence of the Secretary of Health and Human Services, 
     shall prescribe policies and procedures for the nature and 
     timing of the examination required under subparagraph (A).
       (9) Military selective service.--An alien applying for 
     permanent resident status on a conditional basis under this 
     section shall establish that the alien has registered under 
     the Military Selective Service Act (50 U.S.C. 3801 et seq.), 
     if the alien is subject to registration under such Act.
       (c) Determination of Continuous Presence.--
       (1) Termination of continuous period.--Any period of 
     continuous physical presence in the United States of an alien 
     who applies for permanent resident status on a conditional 
     basis under this section shall not terminate when the alien 
     is served a notice to appear under section 239(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1229(a)).
       (2) Treatment of certain breaks in presence.--
       (A) In general.--Except as provided in subparagraphs (B) 
     and (C), an alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under subsection (b)(1)(A) if the alien has departed from the 
     United States for any period exceeding 90 days or for any 
     periods, in the aggregate, exceeding 180 days.
       (B) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in 
     subparagraph (A) for an alien who demonstrates that the 
     failure to timely return to the United States was due to 
     extenuating circumstances beyond the alien's control, 
     including the serious illness of the alien, or death or 
     serious illness of a parent, grandparent, sibling, or child 
     of the alien.
       (C) Travel authorized by the secretary.--Any period of 
     travel outside of the United States by an alien that was 
     authorized by the Secretary may not be counted toward any 
     period of departure from the United States under subparagraph 
     (A).
       (d) Limitation on Removal of Certain Aliens.--
       (1) In general.--The Secretary or the Attorney General may 
     not remove an alien who appears prima facie eligible for 
     relief under this section.
       (2) Aliens subject to removal.--The Secretary shall provide 
     an alien with a reasonable opportunity to apply for relief 
     under this section if the alien--
       (A) requests such an opportunity or appears prima facie 
     eligible for relief under this section; and
       (B) is in removal proceedings, is the subject of a final 
     removal order, or is the subject of a voluntary departure 
     order.
       (3) Certain aliens enrolled in elementary or secondary 
     school.--
       (A) Stay of removal.--The Attorney General shall stay the 
     removal proceedings of an alien who--
       (i) meets all of the requirements under subparagraphs (A), 
     (B), and (C) of subsection (b)(1), subject to paragraphs (2) 
     and (3) of subsection (b);
       (ii) is at least 5 years of age; and
       (iii) is enrolled in an elementary school, a secondary 
     school, or an early childhood education program.
       (B) Commencement of removal proceedings.--The Secretary may 
     not commence removal proceedings for an alien described in 
     subparagraph (A).
       (C) Employment.--An alien whose removal is stayed pursuant 
     to subparagraph (A) or who may not be placed in removal 
     proceedings pursuant to subparagraph (B) shall, upon 
     application to the Secretary, be granted an employment 
     authorization document.
       (D) Lift of stay.--The Secretary or the Attorney General 
     may not lift the stay granted to an alien under subparagraph 
     (A) unless the alien ceases to meet the requirements under 
     such subparagraph.
       (e) Exemption From Numerical Limitations.--Nothing in this 
     section or in any other law may be construed to apply a 
     numerical limitation on the number of aliens who may be 
     granted permanent resident status, on a conditional basis or 
     otherwise, under this subtitle.

     SEC. _13. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL 
                   BASIS.

       (a) Period of Status.--Permanent resident status on a 
     conditional basis is--
       (1) valid for a period of 8 years, unless such period is 
     extended by the Secretary; and
       (2) subject to termination under subsection (c).
       (b) Notice of Requirements.--At the time an alien obtains 
     permanent resident status on a conditional basis, the 
     Secretary shall provide notice to the alien regarding the 
     provisions of this subtitle and the requirements to have the 
     conditional basis of such status removed.
       (c) Termination of Status.--The Secretary may terminate the 
     permanent resident status on a conditional basis of an alien 
     only if the Secretary--
       (1) determines that the alien ceases to meet the 
     requirements under section _12(b)(1)(C), subject to 
     paragraphs (2) and (3) of section _12(b); and

[[Page S919]]

       (2) before the termination, provides the alien with--
       (A) notice of the proposed termination; and
       (B) the opportunity for a hearing to provide evidence that 
     the alien meets such requirements or otherwise contest the 
     termination.
       (d) Return to Previous Immigration Status.--
       (1) In general.--Except as provided in paragraph (2), an 
     alien whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     shall return to the immigration status that the alien had 
     immediately before receiving permanent resident status on a 
     conditional basis or applying for such status, as 
     appropriate.
       (2) Special rule for temporary protected status.--An alien 
     whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     and who had temporary protected status under section 244 of 
     the Immigration and Nationality Act (8 U.S.C. 1254a) 
     immediately before receiving or applying for such permanent 
     resident status on a conditional basis, as appropriate, may 
     not return to such temporary protected status if--
       (A) the relevant designation under section 244(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been 
     terminated; or
       (B) the Secretary determines that the reason for 
     terminating the permanent resident status on a conditional 
     basis renders the alien ineligible for such temporary 
     protected status.

     SEC. _14. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT 
                   STATUS.

       (a) Eligibility for Removal of Conditional Basis.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall remove the conditional basis of an alien's permanent 
     resident status granted under this subtitle and grant the 
     alien status as an alien lawfully admitted for permanent 
     residence if the alien--
       (A) is described in section _12(b)(1)(C), subject to 
     paragraphs (2) and (3) of section _12(b);
       (B) has not abandoned the alien's residence in the United 
     States; and
       (C)(i) has acquired a degree from an institution of higher 
     education or has completed at least 2 years, in good 
     standing, in a postsecondary vocational program or in a 
     program for a bachelor's degree or higher degree in the 
     United States;
       (ii) has served in the Uniformed Services for at least the 
     period for which the alien was obligated to serve on active 
     duty and, if discharged, received an honorable discharge; or
       (iii) has been employed for periods totaling at least 3 
     years and at least 80 percent of the time that the alien has 
     had a valid employment authorization, except that any period 
     during which the alien is not employed while having a valid 
     employment authorization and is enrolled in an institution of 
     higher education, a secondary school, or an education program 
     described in section _12(b)(1)(D)(iii), shall not count 
     toward the time requirements under this clause.
       (2) Hardship exception.--The Secretary shall remove the 
     conditional basis of an alien's permanent resident status and 
     grant the alien status as an alien lawfully admitted for 
     permanent residence if the alien--
       (A) satisfies the requirements under subparagraphs (A) and 
     (B) of paragraph (1);
       (B) demonstrates compelling circumstances for the inability 
     to satisfy the requirements under paragraph (1)(C); and
       (C) demonstrates that--
       (i) the alien has a disability;
       (ii) the alien is a full-time caregiver of a minor child; 
     or
       (iii) the removal of the alien from the United States would 
     result in extreme hardship to the alien or the alien's 
     spouse, parent, or child who is a national of the United 
     States or is lawfully admitted for permanent residence.
       (3) Citizenship requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     the conditional basis of an alien's permanent resident status 
     granted under this subtitle may not be removed unless the 
     alien demonstrates that the alien satisfies the requirements 
     under section 312(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1423(a)).
       (B) Exception.--Subparagraph (A) shall not apply to an 
     alien who is unable to meet the requirements under such 
     section 312(a) due to disability.
       (4) Application fee.--
       (A) In general.--The Secretary shall require aliens 
     applying for lawful permanent resident status under this 
     section to pay a reasonable fee that is commensurate with the 
     cost of processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, the alien accumulated $10,000 or more in debt as a 
     result of unreimbursed medical expenses incurred by the alien 
     or an immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (5) Submission of biometric and biographic data.--The 
     Secretary may not remove the conditional basis of an alien's 
     permanent resident status unless the alien submits biometric 
     and biographic data, in accordance with procedures 
     established by the Secretary. The Secretary shall provide an 
     alternative procedure for applicants who are unable to 
     provide such biometric data because of a physical impairment.
       (6) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the alien's permanent resident status; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of such conditional basis.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary removes 
     the conditional basis of the alien's permanent resident 
     status.
       (b) Treatment for Purposes of Naturalization.--
       (1) In general.--For purposes of title III of the 
     Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
     alien granted permanent resident status on a conditional 
     basis shall be considered to have been admitted to the United 
     States, and be present in the United States, as an alien 
     lawfully admitted for permanent residence.
       (2) Limitation on application for naturalization.--An alien 
     may not apply for naturalization while the alien is in 
     permanent resident status on a conditional basis.
       (c) Timing of Approval of Lawful Permanent Residence 
     Status.--
       (1) In general.--An alien granted lawful permanent 
     residence on a conditional basis under this subtitle may 
     apply to have such conditional basis removed at any time 
     after such alien has met the eligibility requirements set 
     forth in subsection (a).
       (2) Approval with regard to initial applications.--The 
     Secretary shall provide lawful permanent residence status 
     without conditional basis to any alien who demonstrates 
     eligibility for lawful permanent residence status on a 
     conditional basis under section _12, if such alien has 
     already fulfilled the requirements of subsection (a) at the 
     time such alien first submits an application for benefits 
     under this subtitle.

     SEC. _15. DOCUMENTATION REQUIREMENTS.

       (a) Documents Establishing Identity.--An alien's 
     application for permanent resident status on a conditional 
     basis may include, as proof of identity--
       (1) a passport or national identity document from the 
     alien's country of origin that includes the alien's name and 
     the alien's photograph or fingerprint;
       (2) the alien's birth certificate and an identity card that 
     includes the alien's name and photograph;
       (3) a school identification card that includes the alien's 
     name and photograph, and school records showing the alien's 
     name and that the alien is or was enrolled at the school;
       (4) a Uniformed Services identification card issued by the 
     Department of Defense;
       (5) any immigration or other document issued by the United 
     States Government bearing the alien's name and photograph; or
       (6) a State-issued identification card bearing the alien's 
     name and photograph.
       (b) Documents Establishing Continuous Physical Presence in 
     the United States.--To establish that an alien has been 
     continuously physically present in the United States, as 
     required under section _12(b)(1)(A), or to establish that an 
     alien has not abandoned residence in the United States, as 
     required under section _14(a)(1)(B), the alien may submit 
     documents to the Secretary, including--
       (1) employment records that include the employer's name and 
     contact information;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) records of service from the Uniformed Services;
       (4) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (5) passport entries;
       (6) a birth certificate for a child who was born in the 
     United States;
       (7) automobile license receipts or registration;
       (8) deeds, mortgages, or rental agreement contracts;

[[Page S920]]

       (9) tax receipts;
       (10) insurance policies;
       (11) remittance records;
       (12) rent receipts or utility bills bearing the alien's 
     name or the name of an immediate family member of the alien, 
     and the alien's address;
       (13) copies of money order receipts for money sent in or 
     out of the United States;
       (14) dated bank transactions; or
       (15) 2 or more sworn affidavits from individuals who are 
     not related to the alien who have direct knowledge of the 
     alien's continuous physical presence in the United States, 
     that contain--
       (A) the name, address, and telephone number of the affiant; 
     and
       (B) the nature and duration of the relationship between the 
     affiant and the alien.
       (c) Documents Establishing Initial Entry Into the United 
     States.--To establish under section _12(b)(1)(B) that an 
     alien was younger than 18 years of age on the date on which 
     the alien initially entered the United States, an alien may 
     submit documents to the Secretary, including--
       (1) an admission stamp on the alien's passport;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) any document from the Department of Justice or the 
     Department of Homeland Security stating the alien's date of 
     entry into the United States;
       (4) hospital or medical records showing medical treatment 
     or hospitalization, the name of the medical facility or 
     physician, and the date of the treatment or hospitalization;
       (5) rent receipts or utility bills bearing the alien's name 
     or the name of an immediate family member of the alien, and 
     the alien's address;
       (6) employment records that include the employer's name and 
     contact information;
       (7) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (8) a birth certificate for a child who was born in the 
     United States;
       (9) automobile license receipts or registration;
       (10) deeds, mortgages, or rental agreement contracts;
       (11) tax receipts;
       (12) travel records;
       (13) copies of money order receipts sent in or out of the 
     country;
       (14) dated bank transactions;
       (15) remittance records; or
       (16) insurance policies.
       (d) Documents Establishing Admission to an Institution of 
     Higher Education.--To establish that an alien has been 
     admitted to an institution of higher education, the alien 
     shall submit to the Secretary a document from the institution 
     of higher education certifying that the alien--
       (1) has been admitted to the institution; or
       (2) is currently enrolled in the institution as a student.
       (e) Documents Establishing Receipt of a Degree From an 
     Institution of Higher Education.--To establish that an alien 
     has acquired a degree from an institution of higher education 
     in the United States, the alien shall submit to the Secretary 
     a diploma or other document from the institution stating that 
     the alien has received such a degree.
       (f) Documents Establishing Receipt of High School Diploma, 
     General Educational Development Certificate, or a Recognized 
     Equivalent.--To establish that an alien has earned a high 
     school diploma or a commensurate alternative award from a 
     public or private high school, or has obtained a general 
     educational development certificate recognized under State 
     law or a high school equivalency diploma in the United 
     States, the alien shall submit to the Secretary--
       (1) a high school diploma, certificate of completion, or 
     other alternate award;
       (2) a high school equivalency diploma or certificate 
     recognized under State law; or
       (3) evidence that the alien passed a State-authorized exam, 
     including the general educational development exam, in the 
     United States.
       (g) Documents Establishing Enrollment in an Educational 
     Program.--To establish that an alien is enrolled in any 
     school or education program described in section 
     _12(b)(1)(D)(iii), _12(d)(3)(A)(iii), or _14(a)(1)(C), the 
     alien shall submit school records from the United States 
     school that the alien is currently attending that include--
       (1) the name of the school; and
       (2) the alien's name, periods of attendance, and current 
     grade or educational level.
       (h) Documents Establishing Exemption From Application 
     Fees.--To establish that an alien is exempt from an 
     application fee under section _12(b)(5)(B) or _14(a)(4)(B), 
     the alien shall submit to the Secretary the following 
     relevant documents:
       (1) Documents to establish age.--To establish that an alien 
     meets an age requirement, the alien shall provide proof of 
     identity, as described in subsection (a), that establishes 
     that the alien is younger than 18 years of age.
       (2) Documents to establish income.--To establish the 
     alien's income, the alien shall provide--
       (A) employment records that have been maintained by the 
     Social Security Administration, the Internal Revenue Service, 
     or any other Federal, State, or local government agency;
       (B) bank records; or
       (C) at least 2 sworn affidavits from individuals who are 
     not related to the alien and who have direct knowledge of the 
     alien's work and income that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien.
       (3) Documents to establish foster care, lack of familial 
     support, homelessness, or serious, chronic disability.--To 
     establish that the alien was in foster care, lacks parental 
     or familial support, is homeless, or has a serious, chronic 
     disability, the alien shall provide at least 2 sworn 
     affidavits from individuals who are not related to the alien 
     and who have direct knowledge of the circumstances that 
     contain--
       (A) a statement that the alien is in foster care, otherwise 
     lacks any parental or other familiar support, is homeless, or 
     has a serious, chronic disability, as appropriate;
       (B) the name, address, and telephone number of the affiant; 
     and
       (C) the nature and duration of the relationship between the 
     affiant and the alien.
       (4) Documents to establish unpaid medical expense.--To 
     establish that the alien has debt as a result of unreimbursed 
     medical expenses, the alien shall provide receipts or other 
     documentation from a medical provider that--
       (A) bear the provider's name and address;
       (B) bear the name of the individual receiving treatment; 
     and
       (C) document that the alien has accumulated $10,000 or more 
     in debt in the past 12 months as a result of unreimbursed 
     medical expenses incurred by the alien or an immediate family 
     member of the alien.
       (i) Documents Establishing Qualification for Hardship 
     Exemption.--To establish that an alien satisfies 1 of the 
     criteria for the hardship exemption set forth in section 
     _14(a)(2)(A)(iii), the alien shall submit to the Secretary at 
     least 2 sworn affidavits from individuals who are not related 
     to the alien and who have direct knowledge of the 
     circumstances that warrant the exemption, that contain--
       (1) the name, address, and telephone number of the affiant; 
     and
       (2) the nature and duration of the relationship between the 
     affiant and the alien.
       (j) Documents Establishing Service in the Uniformed 
     Services.--To establish that an alien has served in the 
     Uniformed Services for at least the period for which the 
     alien was obligated to serve on active duty and, if 
     discharged, received an honorable discharge, the alien shall 
     submit to the Secretary--
       (1) a Department of Defense Form DD-214;
       (2) a National Guard Report of Separation and Record of 
     Service Form NGB-22;
       (3) personnel records for such service from the appropriate 
     Uniformed Service; or
       (4) health records from the appropriate Uniformed Service.
       (k) Documents Establishing Employment.--
       (1) In general.--An alien may satisfy the employment 
     requirement under section _14(a)(1)(C)(iii) by submitting 
     records that--
       (A) establish compliance with such employment requirement; 
     and
       (B) have been maintained by the Social Security 
     Administration, the Internal Revenue Service, or any other 
     Federal, State, or local government agency.
       (2) Other documents.--An alien who is unable to submit the 
     records described in paragraph (1) may satisfy the employment 
     requirement by submitting at least 2 types of reliable 
     documents that provide evidence of employment, including--
       (A) bank records;
       (B) business records;
       (C) employer records;
       (D) records of a labor union, day labor center, or 
     organization that assists workers in employment;
       (E) sworn affidavits from individuals who are not related 
     to the alien and who have direct knowledge of the alien's 
     work, that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien; and
       (F) remittance records.
       (l) Authority To Prohibit Use of Certain Documents.--If the 
     Secretary determines, after publication in the Federal 
     Register and an opportunity for public comment, that any 
     document or class of documents does not reliably establish 
     identity or that permanent resident status on a conditional 
     basis is being obtained fraudulently to an unacceptable 
     degree, the Secretary may prohibit or restrict the use of 
     such document or class of documents.

     SEC. _16. RULEMAKING.

       (a) Initial Publication.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary shall 
     publish regulations implementing this subtitle in the Federal 
     Register. Such regulations shall allow eligible individuals 
     to immediately apply affirmatively for the relief available 
     under section _12 without being placed in removal 
     proceedings.
       (b) Interim Regulations.--Notwithstanding section 553 of 
     title 5, United States Code, the regulations published 
     pursuant to subsection (a) shall be effective, on an interim 
     basis, immediately upon publication in the Federal Register, 
     but may be subject to change and revision after public notice 
     and opportunity for a period of public comment.

[[Page S921]]

       (c) Final Regulations.--Not later than 180 days after the 
     date on which interim regulations are published under this 
     section, the Secretary shall publish final regulations 
     implementing this subtitle.
       (d) Paperwork Reduction Act.--The requirements under 
     chapter 35 of title 44, United States Code (commonly known as 
     the ``Paperwork Reduction Act''), shall not apply to any 
     action to implement this subtitle.

     SEC. _17. CONFIDENTIALITY OF INFORMATION.

       (a) In General.--The Secretary may not disclose or use 
     information provided in applications filed under this 
     subtitle or in requests for DACA for the purpose of 
     immigration enforcement.
       (b) Referrals Prohibited.--The Secretary may not refer any 
     individual who has been granted permanent resident status on 
     a conditional basis under this subtitle or who was granted 
     DACA to U.S. Immigration and Customs Enforcement, U.S. 
     Customs and Border Protection, or any designee of either such 
     entity.
       (c) Limited Exception.--Notwithstanding subsections (a) and 
     (b), information provided in an application for permanent 
     resident status on a conditional basis or a request for DACA 
     may be shared with Federal security and law enforcement 
     agencies--
       (1) for assistance in the consideration of an application 
     for permanent resident status on a conditional basis;
       (2) to identify or prevent fraudulent claims;
       (3) for national security purposes; or
       (4) for the investigation or prosecution of any felony not 
     related to immigration status.
       (d) Penalty.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.

     SEC. _18. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY 
                   FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

       (a) In General.--Section 505 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1623) is repealed.
       (b) Effective Date.--The repeal under subsection (a) shall 
     take effect as if included in the original enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
     546).

       Subtitle B--Secure Miles With All Resources and Technology

     SEC. _21. DEFINITIONS.

       In this subtitle:
       (1) Operational control.--The term ``operational control'' 
     has the meaning given such term in section 2(b) of the Secure 
     Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (3) 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).
       (4) Southern border.--The term ``southern border'' means 
     the international border between the United States and 
     Mexico.

                CHAPTER 1--INFRASTRUCTURE AND EQUIPMENT

     SEC. _22. STRENGTHENING THE REQUIREMENTS FOR BORDER SECURITY 
                   TECHNOLOGY 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) in subsection (a)--
       (A) by inserting ``and border technology'' before ``in the 
     vicinity of''; and
       (B) by striking ``illegal crossings in areas of high 
     illegal entry into the United Sates'' and inserting ``, 
     impede, and detect illegal activity in high traffic areas'';
       (2) in subsection (c)(1), by inserting ``and, pursuant to 
     subsection (d), the installation, operation, and maintenance 
     of technology'' after ``barriers and roads''; and
       (3) by adding at the end the following:
       ``(d) Installation, Operation, and Maintenance of 
     Technology.--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.
       ``(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) Operational control.--The term `operational control' 
     has the meaning given such term in section 2(b) of the Secure 
     Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
       ``(3) Situational awareness defined.--The term `situational 
     awareness' has the meaning given such term in section 
     1092(a)(7) of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328).
       ``(4) Technology.--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;
       ``(F) man-portable and mobile vehicle-mounted unmanned 
     aerial vehicles; and
       ``(G) any other devices, tools, or systems found to be more 
     effective or advanced than those specified in subparagraphs 
     (A) through (F).''.

     SEC. _23. COMPREHENSIVE SOUTHERN BORDER STRATEGY.

       (a) Requirement.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary shall submit a 
     comprehensive southern border strategy to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives.
       (b) Contents.--The strategy submitted under subsection (a) 
     shall include--
       (1) a list of known physical barriers, levees, 
     technologies, tools, and other devices that can be used to 
     achieve and maintain situational awareness and operational 
     control along the southern border;
       (2) a projected per mile cost estimate for each physical 
     barrier, levee, technology, tool, and other device included 
     on the list required under paragraph (1);
       (3) a detailed account of which type of physical barrier, 
     levee, technology, tool, or other device the Secretary 
     believes is necessary to achieve and maintain situational 
     awareness and operational control for each linear mile of the 
     southern border;
       (4) an explanation for why such physical barrier, levee, 
     technology, tool, or other device was chosen to achieve and 
     maintain situational awareness and operational control for 
     each linear mile of the southern border, including--
       (A) the methodology used to determine which type of 
     physical barrier, levee, technology, tool, or other device 
     was chosen for such linear mile;
       (B) an examination of existing manmade and natural barriers 
     for each linear mile of the southern border;
       (C) the information collected and evaluated from--
       (i) the appropriate U.S. Customs and Border Protection 
     Sector Chief;
       (ii) the Joint Task Force Commander;
       (iii) the appropriate State Governor;
       (iv) tribal government officials;
       (v) border county and city elected officials;
       (vi) local law enforcement officials;
       (vii) private property owners;
       (viii) local community groups, including human rights 
     organizations; and
       (ix) other affected stakeholders; and
       (D) a privacy evaluation conducted by the Privacy Officer 
     of the Department of Homeland Security, in accordance with 
     the responsibilities and authorities under section 222 of the 
     Homeland Security Act of 2002 (6 U.S.C. 142), for each such 
     physical barrier, levee, technology, tool, or other device;
       (5) a per mile cost calculation for each linear mile of the 
     southern border given the type of physical barrier, levee, 
     technology, tool, or other device chosen to achieve and 
     maintain situational awareness and operational control for 
     each linear mile; and
       (6) a cost justification for each time a more expensive 
     physical barrier, levee, technology, tool, or other device is 
     chosen over a less expensive option, as established by the 
     per mile cost estimates required in paragraph (2).

     SEC. _24. CONTROL OR ERADICATION OF CARRIZO CANE AND SALT 
                   CEDAR.

       Not later than January 20, 2019, the Secretary, after 
     coordinating with the heads of relevant Federal, State, and 
     local agencies, shall begin controlling or eradicating, as 
     appropriate, the carrizo cane plant and any salt cedar along 
     the Rio Grande River and the Lower Colorado River.

     SEC. _25. AIR AND MARINE OPERATIONS FLIGHT HOURS.

       (a) Increased Flight Hours.--The Secretary shall ensure 
     that not fewer than 95,000 annual flight hours are executed 
     by Air and Marine Operations of U.S. Customs and Border 
     Protection, with adequate accountability and oversight, 
     including strong privacy protections.
       (b) Unmanned Aerial System.--The Secretary shall ensure 
     that Air and Marine Operations operate unmanned aerial 
     systems for not less than 24 hours per day for not fewer than 
     5 days per week.
       (c) Study and Report.--
       (1) Study.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary shall commence a 
     comprehensive study--
       (A) to identify deficiencies and opportunities for 
     improvement in the capability of Air and Marine Operations to 
     fulfill air and marine support requirements for the U.S. 
     Border Patrol and other components of the Department of 
     Homeland Security, including support in critical source and 
     transit zones;
       (B) to assess whether such requirements could better be 
     fulfilled through the realignment of Air and Marine 
     Operations as a directorate of the U.S. Border Patrol; and
       (C) to identify deficiencies and opportunities for 
     improvement in the capabilities of the U.S. Border Patrol and 
     other departmental components to develop rigorous estimates 
     of such requirements.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the

[[Page S922]]

     Secretary 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 
     required under paragraph (1), including recommendations and 
     time frames for implementing the recommendations contained in 
     such study.

     SEC. _26. PORTS OF ENTRY INFRASTRUCTURE.

       (a) Additional Ports of Entry.--
       (1) Authority.--The Secretary 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 shall consult 
     with the Secretary of the Interior, the Secretary of 
     Agriculture, the Administrator of General Services, and 
     appropriate representatives of State and local governments, 
     tribal governments, community groups, and property owners in 
     the United States before selecting a location for any new 
     port constructed pursuant to paragraph (1).
       (B) Considerations.--The purpose of the consultations 
     required under subparagraph (A) shall be to minimize any 
     negative impacts of any proposed 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-Volume Southern 
     Border Ports of Entry.--Not later than September 30, 2018, 
     the Secretary shall submit a plan to 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 for expanding 
     the primary and secondary inspection lanes for vehicle, 
     cargo, and pedestrian inbound and outbound inspection lanes 
     at the top 10 high-volume ports of entry on the southern 
     border, as determined by the Secretary.
       (c) Estimates of Inspection Processing Goals and Wait-Time 
     Standards.--The plan required under subsection (b) shall be 
     based on estimates by the Secretary of the number of such 
     inspection lanes required to meet inspection processing goals 
     and wait-time standards established by the Secretary.
       (d) Port of Entry Prioritization.--The Secretary shall 
     complete the expansion and modernization of ports of entry 
     pursuant to subsection (b), to the extent practicable, before 
     constructing any new ports of entry pursuant to subsection 
     (a).

                           CHAPTER 2--GRANTS

     SEC. _27. 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:

     ``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 
     or field 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) any cost or activity permitted for Operation 
     Stonegarden under the Department of Homeland Security's 
     Fiscal Year 2017 Homeland Security Grant Program Notice of 
     Funding Opportunity; and
       ``(3) any other appropriate border security 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 3 years.
       ``(e) Report.--The Administrator shall submit an annual 
     report, for each of the fiscal years 2018 through 2022, 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 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:

``Sec. 2009. Operation Stonegarden.''.

     SEC. _28. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS 
                   GRANT.

       (a) In General.--The Secretary, in consultation with the 
     Governors of the States that are adjacent to the southern 
     border, shall establish a 2-year grant program to improve 
     emergency communications in the southern border region.
       (b) Eligibility for Grants.--An individual is eligible for 
     a grant under this section if the individual--
       (1) regularly resides or works in a State that is adjacent 
     to the southern border; and
       (2) is at greater risk of border violence due to a lack of 
     cellular and LTE network service at the individual's 
     residence or business and the individual's proximity to the 
     southern border.
       (c) Use of Grants.--Grants awarded under this section may 
     be used to purchase satellite telephone communications 
     systems and services that--
       (1) can provide access to 9-1-1 service; and
       (2) are equipped with receivers for the Global Positioning 
     System.

      Subtitle C--Reducing Significant Delays in Immigration Court

     SEC. _31. ELIMINATE IMMIGRATION COURT BACKLOGS.

       (a) Annual Increases in Immigration Judges.--The Attorney 
     General of the United States shall increase the total number 
     of immigration judges to adjudicate pending cases and 
     efficiently process future cases by not fewer than--
       (1) 55 judges during fiscal year 2018;
       (2) an additional 55 judges during fiscal year 2019; and
       (3) an additional 55 judges during fiscal year 2020.
       (b) Qualifications of Immigration Judges.--The Attorney 
     General shall ensure that all newly hired immigration 
     judges--
       (1) are highly qualified and trained to conduct fair, 
     impartial hearings consistent with due process; and
       (2) represent a diverse pool of individuals that includes a 
     balance of individuals with nongovernmental, private bar, or 
     academic experience in addition to government experience.
       (c) Necessary Support Staff for Immigration Judges.--To 
     address the shortage of support staff for immigration judges, 
     the Attorney General shall ensure that each immigration judge 
     has sufficient support staff, adequate technological and 
     security resources, and appropriate courtroom facilities.
       (d) Annual Increases in Board of Immigration Appeals 
     Personnel.--The Attorney General shall increase the number of 
     Board of Immigration Appeals staff attorneys (including 
     necessary additional support staff) to efficiently process 
     cases by at least--
       (1) 23 attorneys during fiscal year 2018;
       (2) an additional 23 attorneys during fiscal year 2019; and
       (3) an additional 23 attorneys during fiscal year 2020.
       (e) GAO Report.--The Comptroller General of the United 
     States shall--
       (1) conduct a study of the hurdles to efficient hiring of 
     immigration court judges within the Department of Justice; 
     and
       (2) propose solutions to Congress for improving the 
     efficiency of the hiring process.

     SEC. _32. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND 
                   MEMBERS OF THE BOARD OF IMMIGRATION APPEALS.

       (a) In General.--To ensure efficient and fair proceedings, 
     the Director of the Executive Office for Immigration Review 
     shall facilitate robust training programs for immigration 
     judges and members of the Board of Immigration Appeals.
       (b) Mandatory Training.--Training facilitated under 
     subsection (a) shall include--
       (1) an expansion of the training program for new 
     immigration judges and Board members;
       (2) continuing education regarding current developments in 
     immigration law through regularly available training 
     resources and an annual conference;
       (3) methods to ensure that immigration judges are trained 
     on properly crafting and dictating decisions and standards of 
     review, including improved on-bench reference materials and 
     decision templates;
       (4) specialized training to handle cases involving other 
     vulnerable populations including survivors of domestic 
     violence, sexual assault, or trafficking and individuals with 
     mental disabilities in partnership with the National Council 
     of Juvenile and Family Court Judges; and
       (5) specialized training in child interviewing, child 
     psychology, and child trauma in partnership with the National 
     Council of Juvenile and Family Court Judges for Immigration 
     Judges.

     SEC. _33. NEW TECHNOLOGY TO IMPROVE COURT EFFICIENCY.

       The Director of the Executive Office for Immigration Review 
     shall modernize its case management and related electronic 
     systems, including allowing for electronic filing, to improve 
     efficiency in the processing of immigration proceedings.

Subtitle D--Advancing Reforms in Central America to Address the Factors 
                           Driving Migration

     SEC. _41. DEFINITIONS.

       In this subtitle:

[[Page S923]]

       (1) Northern triangle.--The term ``Northern Triangle'' 
     means the countries of El Salvador, Guatemala, and Honduras.
       (2) Plan.--The term ``Plan'' means the Plan of the Alliance 
     for Prosperity in the Northern Triangle, developed by the 
     Governments of El Salvador, Guatemala, and Honduras, with the 
     technical assistance of the Inter-American Development Bank, 
     and representing a comprehensive approach to address the 
     complex situation in the Northern Triangle.

CHAPTER 1--EFFECTIVELY COORDINATING UNITED STATES ENGAGEMENT IN CENTRAL 
                                AMERICA

     SEC. _42. UNITED STATES COORDINATOR FOR ENGAGEMENT IN CENTRAL 
                   AMERICA.

       (a) Designation.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall designate a 
     senior official (referred to in this section as the 
     ``Coordinator'')--
       (1) to coordinate the efforts of the Federal Government 
     under this subtitle; and
       (2) to coordinate the efforts of international partners--
       (A) to strengthen citizen security, the rule of law, and 
     economic prosperity in Central America; and
       (B) to protect vulnerable populations in the region.
       (b) Supervision.--The Coordinator shall report directly to 
     the President.
       (c) Duties.--The Coordinator shall coordinate the efforts, 
     activities, and programs related to United States engagement 
     in Central America under this subtitle, including--
       (1) coordinating with the Department of State, the 
     Department of Justice (including the Federal Bureau of 
     Investigation), the Department of Homeland Security, the 
     intelligence community, and international partners regarding 
     United States efforts to confront armed criminal gangs, 
     illicit trafficking networks, and organized crime responsible 
     for high levels of violence, extortion, and corruption in 
     Central America;
       (2) coordinating with the Department of State, the United 
     States Agency for International Development, and 
     international partners regarding United States efforts to 
     prevent and mitigate the effects of violent criminal gangs 
     and transnational criminal organizations on vulnerable 
     Central American populations, including women and children;
       (3) coordinating with the Department of State, the 
     Department of Homeland Security, and international partners 
     regarding United States efforts to counter human smugglers 
     illegally transporting Central American migrants to the 
     United States;
       (4) coordinating with the Department of State, the 
     Department of Homeland Security, the United States Agency for 
     International Development, and international partners, 
     including the United Nations High Commissioner for Refugees, 
     to increase protections for vulnerable Central American 
     populations, improve refugee processing, and strengthen 
     asylum systems throughout the region;
       (5) coordinating with the Department of State, the 
     Department of Defense, the Department of Justice (including 
     the Drug Enforcement Administration), the Department of the 
     Treasury, the intelligence community, and international 
     partners regarding United States efforts to combat illicit 
     narcotics traffickers, interdict transshipments of illicit 
     narcotics, and disrupt the financing of the illicit narcotics 
     trade;
       (6) coordinating with the Department of State, the 
     Department of the Treasury, the Department of Justice, the 
     intelligence community, the United States Agency for 
     International Development, and international partners 
     regarding United States efforts to combat corruption, money 
     laundering, and illicit financial networks;
       (7) coordinating with the Department of State, the 
     Department of Justice, the United States Agency for 
     International Development, and international partners 
     regarding United States efforts to strengthen the rule of 
     law, democratic governance, and human rights protections; and
       (8) coordinating with the Department of State, the 
     Department of Agriculture, the United States Agency for 
     International Development, the Overseas Private Investment 
     Corporation, the United States Trade and Development Agency, 
     the Department of Labor, and international partners, 
     including the Inter-American Development Bank, to strengthen 
     the foundation for inclusive economic growth and improve food 
     security, investment climate, and protections for labor 
     rights.
       (d) Consultation.--The Coordinator shall consult with 
     Congress, multilateral organizations and institutions, 
     foreign governments, and domestic and international civil 
     society organizations in carrying out this section.

   CHAPTER 2--TARGETING ASSISTANCE TO APPROPRIATE COMMUNITIES IN THE 
                           NORTHERN TRIANGLE

     SEC. _43. TARGETING ASSISTANCE TO APPROPRIATE COMMUNITIES.

       Not later than 1 year after the date of the enactment of 
     this Act and annually thereafter for each of the 5 succeeding 
     years, the Comptroller General of the United States shall 
     submit a report to the Committee on Foreign Relations of the 
     Senate, the Committee on Appropriations of the Senate, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committee on Appropriations of the House of 
     Representatives that contains--
       (1) raw data on the number of children migrating to the 
     United States from each community or geographic area in the 
     Northern Triangle;
       (2) an assessment of whether United States foreign 
     assistance to the Northern Triangle is effectively reaching 
     the communities and geographic areas from which children are 
     migrating; and
       (3) an assessment of the extent to which the Department of 
     State and the United States Agency for International 
     Development are adjusting programming in the Northern 
     Triangle as migration patterns shift.

     CHAPTER 3--REGIONAL MILLENNIUM CHALLENGE CORPORATION COMPACTS

     SEC. _44. MILLENNIUM CHALLENGE CORPORATION COMPACTS.

       (a) Concurrent Compacts.--Section 609 of the Millennium 
     Challenge Act of 2003 (22 U.S.C. 7708) is amended--
       (1) in subsection (a), by adding at the end the following: 
     ``The Board may enter into a Compact with more than 1 
     eligible country in a region if the Board determines that a 
     regional development strategy would further regional 
     development objectives.'';
       (2) in subsection (k)--
       (A) by striking the first sentence; and
       (B) by striking ``the existing'' and inserting ``an 
     existing''; and
       (3) by adding at the end the following:
       ``(l) Concurrent Compacts.--In accordance with the 
     requirements under this Act, an eligible country and the 
     United States may enter into and have in effect more than 1 
     Compact at any given time, including a concurrent Compact for 
     purposes of regional economic integration or cross-border 
     collaborations, only if the Board determines that such 
     country is making considerable and demonstrable progress in 
     implementing the terms of the existing Compact and any 
     supplementary agreements to such Compact.''.
       (b) Conforming Amendments.--The Millennium Challenge Act of 
     2003 (22 U.S.C. 7701 et seq.; title VI of Public Law 108-199) 
     is amended--
       (1) in section 609(b) (22 U.S.C. 7708(b))--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the national development strategy of the eligible country'' 
     and inserting ``the national or regional development strategy 
     of the country or countries''; and
       (ii) in subparagraphs (A), (B), (E), and (J), by inserting 
     ``or countries'' after ``country'' each place such term 
     appears; and
       (B) in paragraph (3)--
       (i) by inserting ``or regional development strategy'' after 
     ``national development strategy''; and
       (ii) by inserting ``or governments of the countries in the 
     case of regional investments'' after ``government of the 
     country''; and
       (2) in section 613(b)(2)(A) (22 U.S.C. 7712(b)(2)(A)) by 
     striking ``the Compact'' and inserting ``any Compact''.

 CHAPTER 4--UNITED STATES LEADERSHIP FOR ENGAGING INTERNATIONAL DONORS 
                              AND PARTNERS

     SEC. _45. REQUIREMENT FOR STRATEGY TO SECURE SUPPORT OF 
                   INTERNATIONAL DONORS AND PARTNERS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit a 3-year strategy to the appropriate congressional 
     committees that--
       (1) describes how the United States will secure support 
     from international donors and regional partners (including 
     Colombia and Mexico) for the implementation of the Plan;
       (2) identifies governments that are willing to provide 
     financial and technical assistance for the implementation of 
     the Plan and a description of such assistance; and
       (3) identifies the financial and technical assistance to be 
     provided by multilateral institutions, including the Inter-
     American Development Bank, the World Bank, the International 
     Monetary Fund, the Andean Development Corporation-Development 
     Bank of Latin America, and the Organization of American 
     States, and a description of such assistance.
       (b) Diplomatic Engagement and Coordination.--The Secretary 
     of State, in coordination with the Secretary of the Treasury, 
     as appropriate, shall--
       (1) carry out diplomatic engagement to secure contributions 
     of financial and technical assistance from international 
     donors and partners in support of the Plan; and
       (2) take all necessary steps to ensure effective 
     cooperation among international donors and partners 
     supporting the Plan.
       (c) Report.--Not later than 1 year after submitting the 
     strategy required under subsection (a), the Secretary of 
     State shall submit a report to the appropriate congressional 
     committees that describes--
       (1) the progress made in implementing the strategy; and
       (2) the financial and technical assistance provided by 
     international donors and partners, including the multilateral 
     institutions specified in subsection (a)(3).
       (d) Briefings.--Upon a request from any of the appropriate 
     congressional committees, the Secretary of State shall 
     provide a briefing to such committee that describes the 
     progress made in implementing the strategy required under 
     subsection (a).
       (e) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--

[[Page S924]]

       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 1956. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill H.R. 2579, to amend the Internal Revenue Code of 
1986 to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SECTION __. STATE-SPONSORED VISA PILOT PROGRAM.

       (a) Short Title.--This section may be cited as the ``State 
     Sponsored Visa Pilot Program Act of 2018''.
       (b) State-sponsored Nonimmigrant Program.--Section 
     101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)) is amended--
       (1) in subparagraph (U)(iii), by striking the ``or'' at the 
     end;
       (2) in subparagraph (V), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(W)(i) an alien who is sponsored by a State and who is 
     coming temporarily to the United States to reside in the 
     State to perform services, provide capital investment, direct 
     the operations of an enterprise, or otherwise contribute to 
     the economic development agenda of the State in a manner 
     determined by the State; and
       ``(ii) the alien spouse and minor children of any alien 
     described in clause (i).''.
       (c) Admission of State-sponsored Nonimmigrants.--
       (1) Requirements for state-sponsored nonimmigrants.--
     Section 214 of the Immigration and Nationality Act (8 U.S.C. 
     1184) is amended--
       (A) in subsection (h), by striking ``(H)(i)(b) or (c), (L), 
     or (V)'' and inserting ``(H)(i)(b), (H)(i)(c), (L), (V), or 
     (W)''; and
       (B) by adding at the end the following:
       ``(s) Requirements Applicable to State-Sponsored 
     Nonimmigrant Visas.--
       ``(1) Definitions.--In this subsection:
       ``(A) Reside.--The term `reside' means to live and 
     establish a residence in a State for a consecutive period of 
     more than 14 days (not including any period after the 
     approval of the resident's petition for immigrant status).
       ``(B) Secretary.--Except as otherwise specifically provided 
     in this subsection, the term `Secretary' means the Secretary 
     of Homeland Security.
       ``(C) State.--Notwithstanding section 101(a)(36), the term 
     `State' means a State of the United States and the District 
     of Columbia.
       ``(D) State-sponsored nonimmigrant.--The term `State-
     sponsored nonimmigrant' means an alien who has been sponsored 
     by a State for admission under section 101(a)(15)(W).
       ``(E) State-sponsored nonimmigrant program.--The term 
     `State-sponsored nonimmigrant program' means a nonimmigrant 
     program to regulate the employment, investment, and residence 
     of State-sponsored nonimmigrants.
       ``(F) State-sponsored nonimmigrant status.--The term 
     `State-sponsored nonimmigrant status' means status granted to 
     an alien admitted as a nonimmigrant pursuant to section 
     101(a)(15)(W).
       ``(2) State-sponsored nonimmigrant program.--Any State may 
     submit an application to the Secretary to participate in the 
     State-sponsored nonimmigrant program by sponsoring aliens for 
     admission to the United States.
       ``(3) State-sponsored nonimmigrant program approval.--The 
     Secretary shall approve any application submitted by a State 
     (or compact of States) under paragraph (2) for a State-
     sponsored nonimmigrant program that--
       ``(A) was approved by the legislature of the State;
       ``(B) regulates, in a manner determined by the State, the 
     employment and residence of State-sponsored nonimmigrants;
       ``(C) implements procedures, in a manner determined by the 
     Secretary, to inform the Secretary of the failure of a 
     nonimmigrant to comply with the terms of State-sponsored 
     nonimmigrant status when the State is made aware of such 
     failure;
       ``(D) allows, in a manner determined by the State, a State-
     sponsored nonimmigrant who has been admitted to seek 
     employment with an employer other than the employer with 
     which the nonimmigrant was initially employed; and
       ``(E) implements procedures, in a manner determined by the 
     Secretary, to annually inform the Secretary of the address 
     and employment of all State-sponsored nonimmigrants residing 
     in the State.
       ``(4) State petition.--
       ``(A) In general.--A State that participates in the State-
     sponsored nonimmigrant program shall submit a petition in 
     such form and containing such information as the Secretary 
     shall specify to sponsor an alien under this subsection.
       ``(B) Approval.--A visa may not be granted to an alien 
     described in subparagraph (A) until the Secretary approves a 
     petition submitted pursuant to subparagraph (A). Such 
     approval does not, of itself, establish that the alien is a 
     nonimmigrant.
       ``(C) Fee.--A State that submits a petition under 
     subparagraph (A) shall pay a fee in amount determined by the 
     Secretary to cover the cost of the adjudication of the 
     application.
       ``(5) State-sponsored nonimmigrants.--The Secretary of 
     State shall approve a nonimmigrant visa for an alien and the 
     Secretary of Homeland Security shall admit the alien to the 
     United States as a State-sponsored nonimmigrant or grant 
     State-sponsored nonimmigrant status to the alien if the 
     alien--
       ``(A) is otherwise admissible under this Act;
       ``(B) has not been convicted of a felony, any crime of 
     violence (as defined in section 16 of title 18, United States 
     Code), or any crime of reckless driving or of driving while 
     intoxicated or under the influence of alcohol or of 
     prohibited substances;
       ``(C) is petitioned for by a State that participates in the 
     State-sponsored nonimmigrant program approved by the 
     Secretary under paragraph (3);
       ``(D) has not previously violated any term or condition of 
     State-sponsored nonimmigrant status; and
       ``(E) has paid any bond that the State may require under 
     paragraph (13).
       ``(6) Period of authorized status.--
       ``(A) In general.--The period of authorized status for a 
     State-sponsored nonimmigrant shall be a period determined by 
     the State, but may not exceed 3 years.
       ``(B) Renewal.--
       ``(i) Location.--Subject to clause (ii), the period of 
     authorized status under subparagraph (A) shall be renewable 
     inside or outside of the United States.
       ``(ii) Condition.--Renewals under clause (i) may be granted 
     only if--

       ``(I) the sponsoring State requests such renewal; and
       ``(II) the State-sponsored nonimmigrant has resided 
     continuously in such sponsoring State, or States subject to 
     an interstate compact (not including any period of residence 
     after the approval of a petition for immigrant status of 
     which the alien is a beneficiary).

       ``(C) Termination.--The Secretary shall terminate the 
     period of authorized status if--
       ``(i) the State-sponsored nonimmigrant resides or works 
     outside of the State, or States subject to an interstate 
     compact under paragraph (7), that sponsored the alien;
       ``(ii) the State-sponsored nonimmigrant fails to follow all 
     rules and regulations required by the State, as determined by 
     the State (following any appeals process the State may 
     create); or
       ``(iii) the State that sponsored the nonimmigrant requests 
     that the status of the nonimmigrant be terminated (following 
     any appeals process the State may create) unless another 
     State sponsors the nonimmigrant.
       ``(D) Employment authorization.--
       ``(i) In general.--All aliens admitted as State-sponsored 
     nonimmigrants under section 101(a)(15)(W)--

       ``(I) shall be authorized for employment for purposes of 
     section 274A; and
       ``(II) shall be issued appropriate documentation evidencing 
     such authorization.

       ``(ii) State regulation.--Notwithstanding clause (i), the 
     employment of State-sponsored nonimmigrants may be regulated 
     in a manner determined by each State that participates in the 
     State-sponsored nonimmigrant program.
       ``(7) State compacts.--
       ``(A) In general.--States may enter into interstate 
     compacts for the joint implementation or administration of 
     the State-sponsored nonimmigrant program in such States.
       ``(B) Consideration.--A State-sponsored nonimmigrant shall 
     be considered to be sponsored by a State if the State-
     sponsored nonimmigrant is sponsored by any State subject to 
     an interstate compact under subparagraph (A) and resides in 
     any such State.
       ``(8) Appeals.--
       ``(A) Federal appeals.--The denial of an application by a 
     State to be a State-sponsored nonimmigrant or the request to 
     terminate the period of authorized status by a State--
       ``(i) is not reviewable by any Federal department, agency, 
     or court; and
       ``(ii) may not be grounds for an appeal of a termination of 
     a visa or status for a State-sponsored nonimmigrant.
       ``(B) State appeals.--At the sole discretion of the State 
     and in a manner determined by the State, a State that 
     participates in the State-sponsored nonimmigrant program may 
     create a process for a State-sponsored nonimmigrant or an 
     alien that has applied for participation in the State-
     sponsored nonimmigrant program in the State to appeal an 
     adjudication of an application by the State or determination 
     by the State that the State-sponsored nonimmigrant violated 
     the terms or conditions that were created by the State for 
     the participation of the alien in the State-sponsored 
     nonimmigrant program in the State.
       ``(9) Waiver of rights prohibited.--
       ``(A) In general.--Except as provided in subparagraph (C), 
     a State-sponsored nonimmigrant may not be required to waive 
     any substantive rights or protections under this Act.
       ``(B) Construction.--Nothing under this paragraph may be 
     construed to affect the interpretation of any other law.

[[Page S925]]

       ``(C) Exception.--Notwithstanding subparagraph (A) or any 
     other provision of law, an alien may not be provided State-
     sponsored nonimmigrant status unless the alien has waived any 
     right--
       ``(i) to review or appeal under this Act of an immigration 
     officer's determination as to the admissibility of the alien 
     at the port of entry into the United States; or
       ``(ii) to contest or appeal, other than on the basis of an 
     application for asylum, any action for removal of the alien.
       ``(10) Tax responsibilities.--An employer shall comply with 
     all applicable Federal, State, and local tax laws with 
     respect to each State-sponsored nonimmigrant employed by the 
     employer.
       ``(11) Labor and tax laws.--State-sponsored nonimmigrants 
     shall be subject to all Federal, State, and local laws 
     regarding taxation, employment, or hiring of persons in the 
     State.
       ``(12) Federal public benefits.--
       ``(A) In general.--State-sponsored nonimmigrants--
       ``(i) are not entitled to the premium assistance tax credit 
     authorized under section 36B of the Internal Revenue Code of 
     1986;
       ``(ii) shall be subject to the rules applicable to 
     individuals who are not lawfully present set forth in 
     subsection (e) of such section; and
       ``(iii)(I) shall not be allowed any credit under section 24 
     or 32 of the Internal Revenue Code of 1986; and
       ``(II) in the case of a joint return, no credit shall be 
     allowed under either such section if both spouses are State-
     sponsored nonimmigrants.
       ``(B) Employer fee.--For purposes of subsections (a)(2) and 
     (b)(1)(B) of 4980H of the Internal Revenue Code of 1986, a 
     State-sponsored nonimmigrant shall be treated as a full-time 
     employee certified as having enrolled in a qualified health 
     plan with respect to which an applicable premium tax credit 
     or cost-sharing reduction is allowed or paid with respect to 
     the employee.
       ``(C) Other benefits.--Notwithstanding any other provision 
     of law, a State-sponsored nonimmigrant shall not be eligible 
     for--
       ``(i) any assistance or benefits provided under a State 
     program funded under the temporary assistance for needy 
     families program under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.);
       ``(ii) any medical assistance provided under a State 
     Medicaid plan under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) or under a waiver of such plan, other 
     than emergency medical assistance provided under paragraphs 
     (2) and (3) of section 1903(v), and any child health 
     assistance provided under a State child health plan under 
     title XXI of the Social Security Act (42 U.S.C. 1397aa et 
     seq.) or under a waiver of such plan;
       ``(iii) any benefits or assistance provided under the 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
       ``(iv) supplemental security income benefits provided under 
     title XVI of the Social Security Act (42 U.S.C. 1381);
       ``(v) Federal Pell Grants under section 401 of the Higher 
     Education Act of 1965 (20 U.S.C. 1070a);
       ``(vi) housing vouchers under section 8 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f);
       ``(vii) Federal old-age, survivors, and disability 
     insurance benefits under title II of the Social Security Act 
     (42 U.S.C. 401 et seq.);
       ``(viii) health insurance benefits for the aged and 
     disabled under the Medicare Program established under title 
     XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or
       ``(ix) assistance or benefits provided under the program of 
     block grants to States for social services under subtitle A 
     of title XX of the Social Security Act (42 U.S.C. 1397 et 
     seq.).
       ``(D) Employer payments.--An employer of a State-sponsored 
     nonimmigrant shall pay into the general fund of the Treasury 
     an amount equivalent to the Federal tax on the wages paid to 
     the nonimmigrants that the employer would be obligated to pay 
     under chapters 21 and 23 of the Internal Revenue Code of 1986 
     had the nonimmigrants been subject to such chapters, subject 
     to the same penalties as provided for failure to pay such 
     tax.
       ``(E) Inclusion of nonimmigrants in save.--Not later than 
     30 days after the date of the enactment of the State 
     Sponsored Visa Pilot Program Act of 2018, the Secretary shall 
     modify the Systematic Alien Verification for Entitlements 
     Program of the United States Citizenship and Immigration 
     Services to add any status under section 101(a)(15)(W) as an 
     alien category that is ineligible for any benefit program 
     listed in subparagraph (C).
       ``(13) Bonds.--
       ``(A) In general.--States may require State-sponsored 
     nonimmigrants to pay a bond in an amount determined by the 
     State to incentivize voluntary compliance with the terms and 
     conditions of the State-sponsored nonimmigrant program.
       ``(B) Study.--
       ``(i) In general.--At the end of each fiscal year, the 
     Inspector General of the Department of Homeland Security and 
     the Comptroller General of the United States shall each 
     independently submit a report to the congressional committees 
     specified in clause (iii) that identifies, for each State 
     that participates in the State-sponsored nonimmigrant 
     program, the percentage of State-sponsored nonimmigrants that 
     have resided or worked illegally in a State other than the 
     State that sponsored them (not including any State-sponsored 
     nonimmigrants who are beneficiaries of approved immigration 
     petitions).
       ``(ii) Assignment.--A State-sponsored nonimmigrant who 
     resides or works illegally in a State other than the State 
     that sponsored them shall be assigned to the percentage of 
     the State that initially sponsored the alien if the State 
     participates in an interstate compact.
       ``(iii) Congressional committees.--The congressional 
     committees specified in this clause are--

       ``(I) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(II) the Committee on the Judiciary of the Senate;
       ``(III) the Committee on Homeland Security of the House of 
     Representatives; and
       ``(IV) the Committee on the Judiciary of the House of 
     Representatives.

       ``(C) Mandatory bonds.--
       ``(i) In general.--During the first fiscal year following a 
     determination under subparagraph (B) by the Comptroller 
     General or the Inspector General of the Department of 
     Homeland Security that more than 3 percent of the State-
     sponsored nonimmigrants sponsored by a State violated the 
     terms and conditions of State-sponsored nonimmigrant status 
     in the most recently completed fiscal year, the State shall 
     require each State-sponsored nonimmigrant in the State, as a 
     condition of participation in the State-sponsored 
     nonimmigrant program, to post a bond equal to not less than 
     $4,000.
       ``(ii) Subsequent bonds.--The bond amount under clause (i) 
     shall be raised by $1,000 during each fiscal year following a 
     subsequent determination under subparagraph (B) by the 
     Comptroller General or the Inspector General of the 
     Department of Homeland Security that more than 3 percent of 
     the State-sponsored nonimmigrants sponsored by the State 
     violated the terms and conditions of State-sponsored 
     nonimmigrant status in the most recently completed fiscal 
     year.
       ``(iii) Inflation adjustment.--Effective for the first 
     fiscal year that begins more than 6 months after the date of 
     the enactment of the State Sponsored Visa Pilot Program Act 
     of 2018, and for each fiscal year thereafter, the amounts 
     described in this subparagraph shall be increased by the 
     percentage (if any) by which the Consumer Price Index for the 
     month of June preceding the date on which such increase takes 
     effect exceeds the Consumer Price Index for all urban 
     consumers published by the Department of Labor for the same 
     month of the preceding calendar year.
       ``(D) Reimbursement of bonds.--
       ``(i) In general.--Bonds paid to a State under this 
     paragraph shall be reimbursed to any State-sponsored 
     nonimmigrant that has not worked or resided in a State other 
     than the State that sponsored the nonimmigrant or otherwise 
     resided in the United States without status under the 
     immigration laws in accordance with this subparagraph.
       ``(ii) Full reimbursement.--The full amount of the bond 
     shall be reimbursed in full immediately after--

       ``(I)(aa) the alien applies to the Secretary of State (or 
     the designee of such Secretary) at a United States embassy, 
     consulate, or, if specified by the Secretary, other locations 
     outside the United States; and
       ``(bb) in connection with the application, the State-
     sponsored nonimmigrant confirms his or her identity, or 
     verifies his or her departure at such time from the United 
     States pursuant to a biometric entry and exit data system;
       ``(II) an approved petition for lawful permanent residency 
     is approved on behalf of the State-sponsored nonimmigrant; or
       ``(III) the State-sponsored nonimmigrant dies.

       ``(iii) Payee.--

       ``(I) Death of nonimmigrant.--Upon the death of a State-
     sponsored nonimmigrant, payment shall be immediately paid to 
     such State-sponsored nonimmigrant's next of kin, as 
     designated by such State-sponsored nonimmigrant on the 
     application to be a State-sponsored nonimmigrant.
       ``(II) Bank account.--A State-sponsored nonimmigrant may 
     specify on the application to be a State-sponsored 
     nonimmigrant a bank account to which such amount be sent 
     after the satisfaction of a condition specified in clause 
     (ii).

       ``(iv) Denial of reimbursement.--Funds of a State-sponsored 
     nonimmigrant held under this paragraph may not be denied by a 
     State to the nonimmigrant unless the State demonstrates, by 
     clear and convincing evidence, that the nonimmigrant 
     knowingly violated a term or condition of State-sponsored 
     nonimmigrant status--

       ``(I) by failing to depart the United States at the end of 
     the period of authorized status; or
       ``(II) working or residing in a State that did not sponsor 
     the nonimmigrant.

       ``(v) Notice.--The Secretary of State, in conjunction with 
     the Secretary of Homeland Security, shall inform the State 
     that the State-sponsored nonimmigrant has complied with 
     clause (i).
       ``(14) Penalties.--If a State-sponsored nonimmigrant works 
     or resides outside of the State, or any of the States under 
     an interstate compact that sponsored the nonimmigrant or 
     fails to comply with any term or condition of State-sponsored 
     nonimmigrant status, the Secretary shall--

[[Page S926]]

       ``(A) revoke the employment authorization of such 
     nonimmigrant; and
       ``(B) initiate and expedited removal in accordance with 
     section 235.
       ``(15) State enforcement.--
       ``(A) In general.--A State that participates in the State-
     sponsored nonimmigrant program may enforce all rules and 
     regulations of the State-sponsored nonimmigrant program in 
     the State against employers to the same extent as any other 
     labor laws under State law.
       ``(B) Apprehension.--As a condition of participation in the 
     State-sponsored nonimmigrant program, a State shall reimburse 
     any other State and any Federal agency that has apprehended 
     and detained a State-sponsored nonimmigrant sponsored by the 
     State for the full costs of apprehension, detention, or 
     removal of the nonimmigrant upon request of the apprehending 
     State or Federal agency.
       ``(C) Process.--The Secretary shall establish a process 
     through which a State may seek reimbursement under 
     subparagraph (B).
       ``(16) Suspension of program approval.--The Secretary shall 
     suspend admissions under the State-sponsored nonimmigrant 
     program for any State that fails--
       ``(A) to reimburse another State or a Federal agency under 
     paragraph (15)(B) not later than 1 year after a final 
     judgment against the State; or
       ``(B) to reimburse, in accordance with paragraph (13)(D), a 
     State-sponsored nonimmigrant who--
       ``(i) has departed the United States;
       ``(ii) did not seek employment without authorization in a 
     State that did not sponsor the nonimmigrant; and
       ``(iii) did not otherwise reside in the United States 
     without status under the immigration laws.
       ``(17) Fees.--
       ``(A) Federal fees.--A State shall pay a fee to the 
     Secretary for each year in which the State participates in 
     the State-sponsored nonimmigrant program in an amount 
     determined by the Secretary to be necessary to cover the 
     Federal costs of overseeing the State-sponsored nonimmigrant 
     program in the State.
       ``(B) State fees.--Nothing in this subsection may be 
     construed to limit or regulate fees required by the State for 
     State-sponsored nonimmigrants or employers of State-sponsored 
     nonimmigrants.
       ``(18) Numerical limitations.--
       ``(A) In general.--The total number of aliens who may be 
     issued visas or otherwise provided State-sponsored 
     nonimmigrant status under this subsection during any fiscal 
     year may not exceed the total number of visas computed under 
     subparagraph (B).
       ``(B) Distribution.--Subject to subparagraphs (C), (D), and 
     (E), the number of State-sponsored nonimmigrant visas made 
     available in a fiscal year to a State that participates in 
     the State-sponsored nonimmigrant program shall be the sum 
     of--
       ``(i) 5,000;
       ``(ii) the sum of the amounts computed under subparagraphs 
     (C) and (D) in the prior year; and
       ``(iii) the percentage of the total population in all 
     States participating in the State-sponsored nonimmigrant 
     program represented by the population of that State 
     multiplied by the sum of--

       ``(I) 245,000;
       ``(II) the number of nonparticipating States multiplied by 
     5,000; and
       ``(III) the total number of visas available in the previous 
     fiscal year that were revoked or not used.

       ``(C) Economic growth.--The amounts computed under 
     subparagraphs (A) and (B) for the prior fiscal year shall be 
     adjusted annually in proportion to the percentage increase or 
     decrease in the Gross Domestic Product of the United States 
     in the prior year, as determined by the Bureau of Economic 
     Analysis of the Department of Commerce.
       ``(D) Compliance.--
       ``(i) Increases.--The number of State-sponsored 
     nonimmigrant visas made available to a State under 
     subparagraph (C) shall be increased by 10 percent over the 
     prior fiscal year in each fiscal year immediately following a 
     fiscal year in which less than 3 percent of the State-
     sponsored nonimmigrants sponsored by the State violated the 
     terms and conditions of State-sponsored nonimmigrant status, 
     as determined by the Inspector General of the Department of 
     Homeland Security or the Comptroller General of the United 
     States in the reports required under paragraph (13)(B).
       ``(ii) Decreases.--The number of State-sponsored 
     nonimmigrant visas made available to a State under 
     subparagraph (C) shall be decreased by 50 percent in each 
     fiscal year immediately following a fiscal year in which more 
     than 3 percent of the State-sponsored nonimmigrants sponsored 
     by the State complied with the terms and conditions of State-
     sponsored nonimmigrant status, as determined by the Inspector 
     General of the Department of Homeland Security or the 
     Comptroller General of the United States in the reports 
     required under paragraph (13)(B).
       ``(iii) Suspension.--State-sponsored nonimmigrant visas 
     shall not be made available for a State during the 5-year 
     period following four consecutive fiscal years in which more 
     than 3 percent of the State-sponsored nonimmigrants sponsored 
     by the State violated the terms and conditions of State-
     sponsored nonimmigrant status, as determined by the Inspector 
     General of the Department of Homeland Security or the 
     Comptroller General of the United States in the reports 
     required under paragraph (13)(B).
       ``(E) Principal aliens.--
       ``(i) In general.--The numerical limitations under this 
     paragraph shall apply only to principal aliens being admitted 
     to the United States from abroad and not to aliens 
     accompanying or following to join the principal alien under 
     section 101(a)(15)(W)(ii) or aliens previously admitted.
       ``(ii) State exclusion.--The Secretary may not grant a visa 
     or status to an alien who is not the principal alien 
     sponsored by a State if the State request that no such aliens 
     be admitted.
       ``(19) Admissibility determination.--
       ``(A) In general.--At the request of a State that 
     participates in the State-based nonimmigrant program, the 
     Secretary shall waive the grounds of inadmissibility under 
     subparagraphs (A), (B), (C), and (G) of section 212(a)(6), 
     paragraphs (7) and (9) of section 212(a), and sections 
     240B(d)(1)(B) and 241(a)(5) and the grounds of deportability 
     under subparagraphs (A) through (D) of section 237(a)(1) and 
     section 237(a)(3) on behalf of an alien described in 
     subparagraph (B).
       ``(B) Aliens described.--An alien described in this 
     subsection is an alien who--
       ``(i) was physically present in the United States on 
     December 31, 2016;
       ``(ii) is sponsored by a State under the State-based 
     nonimmigrant program;
       ``(iii) otherwise meets the requirements of State-based 
     nonimmigrant status under paragraph (4); and
       ``(iv) fulfills the requirements under paragraph (20).
       ``(C) Savings provision.--Nothing in this paragraph may be 
     construed to exempt an alien described in subparagraph (B) or 
     the State from the numerical limitation under paragraph (18).
       ``(20) Requirements.--
       ``(A) Application.--An alien may apply to the Secretary for 
     a waiver of inadmissibility or deportability under paragraph 
     (19) concurrently with an application for a visa or status 
     under section 101(a)(15)(W).
       ``(B) Evidence of presence or employment.--
       ``(i) Conclusive documents.--An alien may conclusively 
     demonstrate presence in the United States in compliance with 
     paragraph (19)(B)(i) by submitting records demonstrating such 
     presence that have been maintained by the Social Security 
     Administration, the Internal Revenue Service, or any other 
     Federal, State, or local government agency or educational 
     institution.
       ``(ii) Other documents.--An alien who is unable to submit a 
     document described in subparagraph (A) may satisfy the 
     requirements under this section by submitting at least three 
     other types of reliable documents that provide evidence of 
     presence, employment or study in the United States, 
     including--

       ``(I) bank or remittance records;
       ``(II) business or employer records;
       ``(III) records of any organization that assists workers in 
     employment;
       ``(IV) education records; and
       ``(V) deeds, mortgages, or contracts to which the alien has 
     been a party.

       ``(C) Fees.--
       ``(i) In general.--An alien submitting an application under 
     subparagraph (A) shall pay a fee in an amount determined by 
     the Secretary to be necessary to cover the cost of 
     adjudicating the application and reviewing the application 
     for fraud.
       ``(ii) Penalty.--In addition to the fee under clause (i), 
     an alien seeking a waiver under paragraph (19) shall pay a 
     penalty of not less than $1,000, which shall be deposited 
     into the Treasury of the United States after the approval of 
     the application under subparagraph (A).
       ``(D) Criminal penalty.--
       ``(i) Violation.--It shall be unlawful for any person to 
     knowingly--

       ``(I) file, or assist in filing, an application under this 
     paragraph if such application--

       ``(aa) falsifies, misrepresents, conceals, or covers up a 
     material fact;
       ``(bb) makes any false, fictitious, or fraudulent 
     statements or representations; or
       ``(cc) makes or uses any false writing or document knowing 
     the same to contain any false, fictitious, or fraudulent 
     statement or entry; or

       ``(II) create or supply a false writing or document for use 
     in making such an application.

       ``(ii) Penalty.--Any person who violates clause (i) shall 
     be fined in accordance with title 18, United States Code, 
     imprisoned not more than 5 years, or both.
       ``(iii) Inadmissibility.--An alien who is convicted of 
     violating clause (i) shall be considered to be inadmissible 
     to the United States on the ground described in section 
     212(a)(6)(C)(i) and subject to immediate removal from the 
     United States.
       ``(E) Fraud prevention program.--The Secretary and the 
     Attorney General shall jointly develop an administrative 
     program to prevent fraud with respect to applications 
     submitted under this paragraph that provides for--
       ``(i) fraud prevention training for administrative 
     adjudicators;
       ``(ii) the regular audit of pending and approved 
     applications for examples and patterns of fraud or abuse;
       ``(iii) the receipt and evaluation of reports of fraud or 
     abuse;
       ``(iv) the identification of deficiencies in administrative 
     practice or procedure that encourage fraud or abuse;

[[Page S927]]

       ``(v) the remedy of any identified deficiencies, and
       ``(vi) the referral of cases of identified or suspected 
     fraud or other misconduct for investigation.
       ``(F) Ineligible aliens.--
       ``(i) Removal authorized.--Except as provided in clause 
     (ii), if the Secretary makes a final determination to deny an 
     application under this section, the Secretary shall place the 
     applicant in removal proceedings to which the alien would 
     otherwise be subject.
       ``(ii) Aliens with prior orders.--If the final 
     determination to deny an application concerns an alien with 
     an existing order of exclusion, deportation, removal, or 
     voluntary departure from the United States, such order shall 
     be enforced to the same extent as if the application had not 
     been made.
       ``(G) Employment records.--Copies of employment records or 
     other evidence of employment provided by an alien or by an 
     alien's employer in support of an alien's application under 
     this subsection may not be used in a civil or criminal 
     prosecution or investigation of that employer under section 
     247A or the tax laws of the United States for the prior 
     unlawful employment of that alien, regardless of the 
     adjudication of such application or reconsideration by the 
     Secretary of such alien's prima facie eligibility 
     determination. Employers that provide unauthorized aliens 
     with copies of employment records or other evidence of 
     employment pursuant to an application under this title shall 
     not be subject to civil and criminal liability pursuant to 
     such section 274A for employing such unauthorized aliens. The 
     protections for employers and aliens shall not apply if the 
     aliens or employers submit employment records that are deemed 
     to be fraudulent.
       ``(H) Construction.--Nothing in this subsection may be 
     construed to limit the authority of the State to require 
     additional monetary penalties, other evidence of physical 
     presence, or any other requirement for aliens described in 
     paragraph (19)(B) to participate in the State-based 
     nonimmigrant program in such State.''.
       (2) Judicial review.--Section 242(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1252(a)(2)) is amended by 
     adding at the end the following:
       ``(E) Judicial review of certain eligibility 
     determinations.--If an alien's application under section 
     214(s)(20) is denied or revoked, judicial review shall be 
     instituted in the United States District Court for the 
     District of Columbia and shall be limited to determinations 
     of the constitutionality of section 214(s), or any 
     regulations implemented pursuant to such section.''.
       (3) Nonimmigrants with approved immigrant petitions.--
     Section 245 of the Immigration and Nationality Act (8 U.S.C. 
     1255) is amended--
       (A) in subsection (a)--
       (i) by striking ``if (1) the alien'' and inserting the 
     following: ``if--
       ``(1) the alien'';
       (ii) by striking ``adjustment, (2) the alien'' and 
     inserting the following: ``adjustment;
       ``(2) the alien'';
       (iii) by striking ``residence, and (3) an immigrant visa'' 
     and inserting the following: ``residence; and
       ``(3) an immigrant visa''; and
       (iv) in paragraph (3), by striking ``him at the time his 
     application is filed'' and inserting ``the alien at the time 
     the alien's application is adjudicated''; and
       (B) by adding at the end the following:
       ``(n) Adjustment of Status Application After an Approved 
     Immigrant Petition.--
       ``(1) Application.--An alien who has an approved immigrant 
     petition may file an adjustment of status application under 
     subsection (a), which shall remain pending until a visa 
     number becomes available.
       ``(2) Status.--An alien who has properly filed an 
     adjustment of status application under subsection (a) shall, 
     throughout the pendency of such application--
       ``(A) have a lawful status and be considered lawfully 
     present for purposes of section 212; and
       ``(B) following a biometric background check, be eligible 
     for employment and travel authorization incident to such 
     status.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first fiscal year 
     that begins after the date of the enactment of this Act.

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