[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Pages S970-S972]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1957. Mr. FLAKE (for himself and Ms. Heitkamp) 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 TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Three-Year
DACA Extension Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--BORDER SECURITY
Sec. 101. Authorization of appropriations.
Sec. 102. Operations and support.
TITLE II--DACA EXTENSION
Sec. 201. Provisional protected presence for young individuals.
TITLE I--BORDER SECURITY
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $5,013,000,000 to
the Department of Homeland Security for fiscal years 2018
through 2020 for the purpose of improving border security.
SEC. 102. OPERATIONS AND SUPPORT.
(a) Purpose.--It is the purpose of this section to
establish a Border Security Enforcement Fund (referred to in
this section as the ``Fund''), to be administered through the
Department of Homeland Security and, in fiscal year 2018
only, through the Department of State, to provide for costs
necessary to implement this Act and other Acts related to
border security for activities, including--
(1) constructing, installing, deploying, operating, and
maintaining tactical infrastructure and technology in the
vicinity of the United States border--
(A) to achieve situational awareness and operational
control of the border; and
(B) to deter, impede, and detect illegal activity in high
traffic areas; and
(C) to implement other border security provisions under
titles I and II;
(2) implementing port of entry provisions under titles I
and II;
(3) purchasing new aircraft, vessels, spare parts, and
equipment to operate and maintain such craft; and
(4) hiring and recruitment.
(b) Funding.--There are authorized to be appropriated, and
are appropriated, to the Fund, out of any monies in the
Treasury not otherwise appropriated, a total of
$7,639,000,000, as follows:
(1) For fiscal year 2018, $2,947,000,000, to remain
available through fiscal year 2022.
(2) For fiscal year 2019, $2,225,000,000, to remain
available through fiscal year 2023.
(3) For fiscal year 2020, $2,467,000,000, to remain
available through fiscal year 2024.
(c) Physical Barriers.--
(1) In general.--In each of the following fiscal years, the
Secretary of Homeland Security shall transfer, from the Fund
to the U.S. Customs and Border Protection--Procurement,
Construction and Improvements account, for the purpose of
constructing, replacing, or planning physical barriers along
the United States land border, a total of $5,013,000,000, as
follows:
(A) $1,571,000,000 for fiscal year 2018.
(B) $1,600,000,000 for fiscal year 2019.
(C) $1,842,000,000 for fiscal year 2020.
(2) Availability of funds.--Notwithstanding section 1552(a)
of title 31, United States Code, any amounts obligated for
the purposes described in this subsection shall remain
available for disbursement until expended.
(d) Transfer Authority.--Other than the amounts transferred
by the Secretary of
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Homeland Security and the Secretary of State pursuant to
subsections (b) and (c), the Committee on Appropriations of
the Senate and the Committee on Appropriations of the House
of Representatives may provide for the transfer of amounts in
the Fund for each fiscal year to eligible activities under
this section, including--
(1) for the purpose of constructing, replacing, or planning
for physical barriers along the United States land border; or
(2) for any of the technologies described in subsection
(a).
(e) Use of Fund.--If the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House of
Representatives do not provide for the transfer of funds in a
full-year appropriation in any fiscal year in accordance with
subsection (d), the Secretary of Homeland Security shall
transfer amounts in the Fund to accounts within the
Department of Homeland Security for eligible activities under
this section, including not less than the amounts specified
in subsection (c) for the purpose of constructing, replacing,
or planning for physical barriers along the United States
land border.
(f) Budget Request.--A request for the transfer of amounts
in the Fund under this section--
(1) shall be included in each budget for a fiscal year
submitted by the President under section 1105 of title 31,
United States Code; and
(2) shall detail planned obligations by program, project,
and activity in the receiving account at the same level of
detail provided for in the request for other appropriations
in that account.
(g) Reporting Requirement.--At the beginning of fiscal year
2019, and annually thereafter until the funding made
available under this title has been expended, the Secretary
of Homeland Security shall submit a report to the Committee
on Homeland Security and Governmental Affairs of the Senate,
the Committee on the Judiciary of the Senate, the Committee
on Homeland Security of the House of Representatives, and the
Committee on the Judiciary of the House of Representatives
that describes--
(1) the status of border security in the United States; and
(2) the amount planned to be expended on border security
during the upcoming fiscal year, broken down by project and
activity.
TITLE II--DACA EXTENSION
SEC. 201. 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 is in deferred action status on the date of the
enactment of this section 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 1
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 1 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 5 days
and not greater than 1 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 reaching 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) 3 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 until the date that is 3 years after the
date of the enactment of this section.
``(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
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
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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) 3 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 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.
``(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 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.
``(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.''.
______