[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Pages S1085-S1087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1970. Mr. GRAHAM 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:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Bar Removal of Individuals
who Dream and Grow our Economy Act'' or the ``BRIDGE Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short titles.
Sec. 2. Table of contents.
TITLE I--BAR REMOVAL OF INDIVIDUALS WHO DREAM AND GROW OUR ECONOMY ACT
Sec. 101. Provisional protected presence for young individuals.
TITLE II--BORDER SECURITY APPROPRIATIONS.
Sec. 201. Operations and support.
Sec. 202. Procurement, construction, and improvements.
Sec. 203. Administrative provisions.
TITLE I--BAR REMOVAL OF INDIVIDUALS WHO DREAM AND GROW OUR ECONOMY ACT
SEC. 101. PROVISIONAL PROTECTED PRESENCE FOR YOUNG
INDIVIDUALS.
(a) In General.--Chapter 4 of title II of the Immigration
and Nationality Act (8 U.S.C. 1221 et seq.) is amended by
adding at the end the following:
``SEC. 244A. PROVISIONAL PROTECTED PRESENCE.
``(a) Definitions.--In this section:
``(1) DACA recipient.--The term `DACA recipient' means an
alien who was in deferred action status on September 5, 2017,
pursuant to the Deferred Action for Childhood Arrivals
(`DACA') Program announced on June 15, 2012.
``(2) Felony.--The term `felony' means a Federal, State, or
local criminal offense (excluding a State or local offense
for which an essential element was the alien's immigration
status) punishable by imprisonment for a term exceeding one
year.
``(3) Misdemeanor.--The term `misdemeanor' means a Federal,
State, or local criminal offense (excluding a State or local
offense for which an essential element was the alien's
immigration status, a significant misdemeanor, and a minor
traffic offense) for which--
``(A) the maximum term of imprisonment is greater than five
days and not greater than one year; and
``(B) the individual was sentenced to time in custody of 90
days or less.
``(4) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(5) Significant misdemeanor.--The term `significant
misdemeanor' means a Federal, State, or local criminal
offense (excluding a State or local offense for which an
essential element was the alien's immigration status) for
which the maximum term of imprisonment is greater than five
days and not greater than one year that--
``(A) regardless of the sentence imposed, is a crime of
domestic violence (as defined in section 237(a)(2)(E)(i)) or
an offense of sexual abuse or exploitation, burglary,
unlawful possession or use of a firearm, drug distribution or
trafficking, or driving under the influence if the State law
requires, as an element of the offense, the operation of a
motor vehicle and a finding of impairment or a blood alcohol
content of .08 or higher; or
``(B) resulted in a sentence of time in custody of more
than 90 days, excluding an offense for which the sentence was
suspended.
``(6) Threat to national security.--An alien is a `threat
to national security' if the alien is--
``(A) inadmissible under section 212(a)(3); or
``(B) deportable under section 237(a)(4).
``(7) Threat to public safety.--An alien is a `threat to
public safety' if the alien--
``(A) has been convicted of an offense for which an element
was participation in a criminal street gang (as defined in
section 521(a) of title 18, United States Code); or
``(B) has engaged in a continuing criminal enterprise (as
defined in section 408(c) of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 848(c))).
``(b) Authorization.--The Secretary--
``(1) shall grant provisional protected presence to an
alien who files an application demonstrating that he or she
meets the eligibility criteria under subsection (c) and pays
the appropriate application fee;
``(2) may not remove such alien from the United States
during the period in which such provisional protected
presence is in effect unless such status is rescinded
pursuant to subsection (g); and
``(3) shall provide such alien with employment
authorization.
``(c) Eligibility Criteria.--An alien is eligible for
provisional protected presence under this section and
employment authorization if the alien--
``(1) was born after June 15, 1981;
``(2) entered the United States before attaining 16 years
of age;
``(3) continuously resided in the United States between
June 15, 2007, and the date on which the alien files an
application under this section;
``(4) was physically present in the United States on June
15, 2012, and on the date on which the alien files an
application under this section;
``(5) was unlawfully present in the United States on June
15, 2012;
``(6) on the date on which the alien files an application
for provisional protected presence--
``(A) is enrolled in school or in an education program
assisting students in obtaining a regular high school diploma
or its recognized equivalent under State law, or in passing a
general educational development exam or other State-
authorized exam;
``(B) has graduated or obtained a certificate of completion
from high school;
``(C) has obtained a general educational development
certificate; or
``(D) is an honorably discharged veteran of the Coast Guard
or Armed Forces of the United States;
``(7) has not been convicted of--
``(A) a felony;
``(B) a significant misdemeanor; or
``(C) three or more misdemeanors not occurring on the same
date and not arising out of the same act, omission, or scheme
of misconduct; and
``(8) does not otherwise pose a threat to national security
or a threat to public safety.
``(d) Duration of Provisional Protected Presence and
Employment Authorization.--Provisional protected presence and
the employment authorization provided under this section
shall be effective through September 30, 2019.
``(e) Status During Period of Provisional Protected
Presence.--
``(1) In general.--An alien granted provisional protected
presence is not considered to be unlawfully present in the
United States during the period beginning on the date such
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status is granted and ending on the date described in
subsection (d).
``(2) Status outside period.--The granting of provisional
protected presence under this section does not excuse
previous or subsequent periods of unlawful presence.
``(f) Application.--
``(1) Age requirement.--
``(A) In general.--An alien who has never been in removal
proceedings, or whose proceedings have been terminated before
making a request for provisional protected presence, shall be
at least 15 years old on the date on which the alien submits
an application under this section.
``(B) Exception.--The age requirement set forth in
subparagraph (A) shall not apply to an alien who, on the date
on which the alien applies for provisional protected
presence, is in removal proceedings, has a final removal
order, or has a voluntary departure order.
``(2) Application fee.--
``(A) In general.--The Secretary may require aliens
applying for provisional protected presence and employment
authorization 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 United States poverty level; 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 United States poverty level; or
``(iv)(I) as of the date on which the alien files an
application under this section, 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; 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 United States poverty level.
``(3) Removal stayed while application pending.--The
Secretary may not remove an alien from the United States who
appears prima facie eligible for provisional protected
presence while the alien's application for provisional
protected presence is pending.
``(4) Aliens not in immigration detention.--An alien who is
not in immigration detention, but who is in removal
proceedings, is the subject of a final removal order, or is
the subject of a voluntary departure order, may apply for
provisional protected presence under this section if the
alien appears prima facie eligible for provisional protected
presence.
``(5) Aliens in immigration detention.--The Secretary shall
provide any alien in immigration detention, including any
alien who is in removal proceedings, is the subject of a
final removal order, or is the subject of a voluntary
departure order, who appears prima facie eligible for
provisional protected presence, upon request, with a
reasonable opportunity to apply for provisional protected
presence under this section.
``(6) Confidentiality.--
``(A) In general.--The Secretary shall protect information
provided in applications for provisional protected presence
under this section and in requests for consideration of DACA
from disclosure to U.S. Immigration and Customs Enforcement
and U.S. Customs and Border Protection for the purpose of
immigration enforcement proceedings.
``(B) Referrals prohibited.--The Secretary may not refer
individuals whose cases have been deferred pursuant to DACA
or who have been granted provisional protected presence under
this section to U.S. Immigration and Customs Enforcement.
``(C) Limited exception.--The information submitted in
applications for provisional protected presence under this
section and in requests for consideration of DACA may be
shared with national security and law enforcement agencies--
``(i) for assistance in the consideration of the
application for provisional protected presence;
``(ii) to identify or prevent fraudulent claims;
``(iii) for national security purposes; and
``(iv) for the investigation or prosecution of any felony
not related to immigration status.
``(7) Acceptance of applications.--Not later than 60 days
after the date of the enactment of this section, the
Secretary shall begin accepting applications for provisional
protected presence and employment authorization.
``(g) Rescission of Provisional Protected Presence.--The
Secretary may not rescind an alien's provisional protected
presence or employment authorization granted under this
section unless the Secretary determines that the alien--
``(1) has been convicted of--
``(A) a felony;
``(B) a significant misdemeanor; or
``(C) three or more misdemeanors not occurring on the same
date and not arising out of the same act, omission, or scheme
of misconduct;
``(2) poses a threat to national security or a threat to
public safety;
``(3) has traveled outside of the United States without
authorization from the Secretary; or
``(4) has ceased to continuously reside in the United
States.
``(h) Treatment of Brief, Casual, and Innocent Departures
and Certain Other Absences.--For purposes of subsections
(c)(3) and (g)(4), an alien shall not be considered to have
failed to continuously reside in the United States due to--
``(1) brief, casual, and innocent absences from the United
States during the period beginning on June 15, 2007, and
ending on August 14, 2012; or
``(2) travel outside of the United States on or after
August 15, 2012, if such travel was authorized by the
Secretary.
``(i) Treatment of Expunged Convictions.--For purposes of
subsections (c)(7) and (g)(1), an expunged conviction shall
not automatically be treated as a disqualifying felony,
significant misdemeanor, or misdemeanor, but shall be
evaluated on a case-by-case basis according to the nature and
severity of the offense to determine whether, under the
particular circumstances, the alien should be eligible for
provisional protected presence under this section.
``(j) Effect of Deferred Action Under Deferred Action for
Childhood Arrivals Program.--
``(1) Provisional protected presence.--A DACA recipient is
deemed to have provisional protected presence under this
section through date that is the earlier of--
``(A) the date that is 1 year after the expiration date of
the alien's deferred action status, as specified by the
Secretary in conjunction with the approval of the alien's
DACA application; or
``(B) September 30, 2019.
``(2) Employment authorization.--If a DACA recipient has
been granted employment authorization by the Secretary in
addition to deferred action, the employment authorization
shall continue through the earlier of--
``(A) the date that is 1 year after the expiration date of
the alien's deferred action status, as specified by the
Secretary in conjunction with the approval of the alien's
DACA application; or
``(B) September 30, 2019.
``(3) Effect of application.--If a DACA recipient files an
application for provisional protected presence under this
section not later than the expiration date of the alien's
deferred action status, as specified by the Secretary in
conjunction with the approval of the alien's DACA
application, the alien's provisional protected presence, and
any employment authorization, shall remain in effect pending
the adjudication of such application.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 note) is
amended by inserting after the item relating to section 244
the following:
``Sec. 244A. Provisional protected presence.''.
TITLE II--BORDER SECURITY APPROPRIATIONS.
SEC. 201. OPERATIONS AND SUPPORT.
There is appropriated, out of any money in the Treasury not
otherwise appropriated, for the fiscal year ending September
30, 2018, and in addition to any amounts otherwise provided
in such fiscal year, $675,000,000 to U.S. Customs and Border
Protection for ``Operations and Support'', which shall remain
available until September 30, 2019, of which--
(1) $531,000,000 shall be available for--
(A) border security technologies;
(B) facilities;
(C) equipment; and
(D) the purchase, maintenance, or operation of marine
vessels, aircraft, and unmanned aerial systems;
(2) $48,000,000 shall be available for retention,
recruitment, and relocation of Border Patrol Agents, Customs
Officers, and Air and Marine personnel;
(3) $75,000,000 shall be available to hire 615 additional
U.S. Customs and Border Protection Officers for deployment to
ports of entry; and
(4) $21,000,000 shall be available for data circuits and
network bandwidth surveillance and associated personnel.
SEC. 202. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS.
There is appropriated, out of any money in the Treasury not
otherwise appropriated, for the fiscal year ending September
30, 2018, and in addition to any amounts otherwise provided
in such fiscal year, $2,030,239,000 for ``Procurement,
Construction, and Improvements'', which shall remain
available until September 30, 2022, of which--
(1) $784,000,000 shall be available for 32 miles of border
bollard fencing in the Rio Grande Valley Sector, Texas;
(2) $498,000,000 shall be available for 28 miles of a
bollard levee fencing in the Rio Grande Valley Sector, Texas;
(3) $251,000,000 shall be available for 14 miles of
secondary fencing in the San Diego Sector, California;
(4) $444,000,000 shall be available for border security
technologies, marine vessels, aircraft unmanned aerial
systems, facilities, and equipment;
(5) $38,239,000 shall be available to prepare the reports
required under subsections (b) and (c) of section 203; and
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(6) $15,000,000 shall be available for chemical screening
devices (as defined in section 2 of the INTERDICT Act (Public
Law 115-112)).
SEC. 203. ADMINISTRATIVE PROVISIONS.
(a) Limitation.--Amounts appropriated under paragraphs (1)
through (3) of section 202 shall only be available for
operationally effective designs deployed as of the date of
the enactment of the Consolidated Appropriations Act, 2017
(Public Law 115-31), such as currently deployed steel bollard
designs, that prioritize agent safety.
(b) Interim Report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Homeland
Security shall submit an interim report to the Committee on
Appropriations of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Appropriations of the House of Representatives,
the Committee on Homeland Security of the House of
Representatives, and the Comptroller General of the United
States that--
(1) identifies, with respect to the physical barriers
described in paragraphs (1) through (3) of section 202--
(A) all necessary land acquisitions;
(B) the total number of necessary condemnation actions; and
(C) the precise number of landowners that will be impacted
by the construction of such physical barriers;
(2) contains a comprehensive plan to consult State and
local elected officials on the eminent domain and
construction process relating to such physical barriers;
(3) provides, after consultation with the Secretary of the
Interior and the Administrator of the Environmental
Protection Agency, a comprehensive analysis of the
environmental impacts of the construction and placement of
such physical barriers along the Southwest border, including
barriers in the Santa Ana National Wildlife Refuge; and
(4) includes, for each barrier segment described in
paragraphs (1) through (3) of section 202, a thorough
analysis and comparison of alternatives to a physical barrier
to determine the most cost effective security solution,
including--
(A) underground sensors;
(B) infrared or other day/night cameras;
(C) tethered or mobile aerostats;
(D) drones or other airborne assets;
(E) integrated fixed towers; and
(F) the deployment of additional border personnel.
(c) Annual Reports.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security shall submit a report
containing all of the information required under paragraphs
(1) through (4) of subsection (b) to the Committee on
Appropriations of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Appropriations of the House of Representatives,
the Committee on Homeland Security of the House of
Representatives, and the Comptroller General of the United
States.
(d) GAO Evaluation.--Not later than 180 days after the date
on which the Secretary of Homeland Security submits each
report described in subsections (b) and (c), the Comptroller
General of the United States shall submit an evaluation of
the strengths and weaknesses of the report to the Committee
on Appropriations of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Appropriations of the House of Representatives,
and the Committee on Homeland Security of the House of
Representatives.
(e) Rescission.--Notwithstanding any other provision of
law, any amounts appropriated under paragraphs (1) through
(3) of section 202 that remain available after the completion
of the construction projects described in such paragraphs
shall be rescinded and returned to the general fund of the
Treasury.
(f) Prohibition.--Notwithstanding any other provision of
law, none of the amounts appropriated under this title may be
reprogrammed or transferred for any other activity within the
Department of Homeland Security.
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